Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 23 of 2001-2002)

Overview

The Appropriation Act (No. 1) 2001-2002 was enacted to provide the necessary financial authority for the Commonwealth Government's expenditure for the fiscal year 2001-2002. This Act was introduced to address the requirement for the allocation and control of public funds by the government, ensuring that expenditures are in line with the budget approved by the Parliament of Australia. The Act, enacted on 7 June 2002, empowers the Finance Minister to authorise and adjust appropriations as needed to meet the government's operational and policy objectives. The policy objective underlying this legislative instrument is to ensure that the Australian Maritime Safety Authority receives the necessary funding to enhance maritime safety and security, thereby contributing to a better transport system for Australia and greater recognition and opportunities for local, regional, and territory communities.

Scope and Application

Section 11 of the Appropriation Act (No.1) 2001-2002, as exercised by the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, pertains specifically to the reallocation of funds within the Australian Maritime Safety Authority. This legislative instrument authorises an increase in the appropriation item for the Australian Maritime Safety Authority by $850,000 for administered expenses under Outcome 1, which is intended to enhance Australia's transport system and provide better recognition and opportunities for local, regional, and territory communities. The application of this Act is confined to the specified appropriation item and the agency named, with no broader jurisdictional reach beyond this particular financial reallocation. There are no exclusions, exemptions, or thresholds explicitly mentioned in this particular legislative instrument, and it does not extend or restrict application through subordinate instruments beyond its immediate directive.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2001-2002 allows for the increase of appropriation items by the relevant authority. In this case, Jim Kerwin, the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, has exercised this power to increase the appropriation for the Australian Maritime Safety Authority by $850,000. This appropriation is for administered expenses related to Outcome 1, which aims to improve Australia’s transport system and enhance recognition and opportunities for local, regional, and territory communities. The increase is part of the appropriation item listed in Column 1 for the agency listed in Column 2, with the specific amount of the increase detailed in Column 3. The Act imposes specific obligations on the relevant authority, such as Jim Kerwin, to ensure that the appropriation is increased in a manner that aligns with the objectives of the Australian Maritime Safety Authority. The authority must consider the needs and priorities of the agency, ensuring that the additional funds will be used effectively to achieve the desired outcomes. Additionally, the authority must ensure that the increase is in compliance with the overall budgetary framework and any relevant legislative requirements. Breaches of the provisions of this legislative instrument could result in various consequences, depending on the nature and severity of the breach. While the Act does not explicitly detail the specific offences, penalties, or consequences, it is implied that any improper or unauthorised increase of appropriations could lead to administrative or legal repercussions. Such breaches might involve misallocation of funds, which could result in financial mismanagement or failure to meet the intended outcomes of the appropriations. If found in violation of the Act, the responsible authority could face disciplinary actions, financial penalties, or other corrective measures as deemed appropriate by the relevant oversight bodies. The exact penalties would depend on the specific circumstances and the extent of the non-compliance.