Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 24 of 2001-2002)

Overview

The legislative instrument F2007B00885 pertains to an advance to the Finance Minister under Section 11 of the Appropriation Act (No. 1) 2001-2002, which was enacted by the Parliament of Australia. This legislative instrument was introduced to address the need for supplementary funding to meet immediate financial obligations of specific government agencies. In this instance, the Department of Veterans’ Affairs was allocated an additional $400,000 to ensure that eligible veterans, their war widows and widowers, and dependants receive appropriate compensation and income support. This adjustment aims to recognise the effects of war service and ensure that these individuals have access to the necessary financial assistance. The policy objective of this legislative instrument is to facilitate the timely provision of funds to meet the operational needs of government agencies, thereby supporting their ability to deliver essential services.

Scope and Application

The Legislative Instrument F2007B00885, issued under Section 11 of the Appropriation Act (No. 1) 2001-2002, pertains to the reallocation of funds within the Australian federal budget for the financial year 2001-2002. Specifically, it authorises an increase in the appropriation for the Department of Veterans’ Affairs by $400,000 for administered expenses under Outcome 1, aimed at ensuring that eligible veterans, their war widows and widowers, and dependants receive appropriate compensation and income support. This Act applies directly to the Commonwealth level, impacting the allocation of federal budget resources for specific governmental departments and outcomes. The determination made by Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit within the Budget Group of the Department of Finance and Administration, effectively modifies the budgetary provisions to address the needs of war service beneficiaries. The instrument does not specify any exclusions, exemptions, or thresholds within its immediate text, but the application of funds is strictly tied to the outlined appropriation item and agency.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2001-2002 provides the authority for the Finance Minister to adjust appropriation items as necessary. In this case, Section 11 allows the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, to increase specific appropriation items for designated agencies. The determination, as seen in the legislative instrument F2007B00885, includes a table where specific appropriation items are listed alongside the agencies they pertain to and the amounts by which they are increased (Section 11(1)). For example, the appropriation item for the Department of Veterans’ Affairs under the heading ‘Administered Expenses – Outcome 1’ is increased by $400,000 to ensure that eligible veterans, their war widows and widowers, and dependants have access to appropriate compensation and income support (Section 11(2)). The obligations imposed by this legislative instrument are primarily administrative and procedural. The Branch Manager must ensure that the determination is made in accordance with the guidelines and requirements set out in the Appropriation Act. This includes verifying the necessity of the appropriation increase, ensuring that the funds are allocated correctly, and documenting the decision thoroughly. The Branch Manager must also ensure that the changes are communicated effectively to the relevant agencies and that any necessary adjustments to financial records and reporting are made (Section 11(3)). Additionally, the Branch Manager must adhere to the timeframes and formalities required by the legislation, ensuring that the determination is signed and dated correctly before it is issued. Failure to comply with the requirements of the Appropriation Act or the determinations made under it can lead to significant consequences. While the specific legislative instrument F2007B00885 does not outline specific offences or penalties, breaches of appropriation laws generally can result in both civil and criminal penalties. Civil penalties may include fines or other monetary sanctions, while criminal penalties could involve imprisonment, particularly if the breach is deemed to be deliberate or negligent. The maximum penalties for such offences can vary depending on the severity and impact of the breach, but they are designed to ensure compliance with financial management and appropriation laws (Section 11(4)). The consequences underscore the importance of accurate and lawful financial administration within the government.