Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 5 of 2001-2002)

Overview

The Legislative Instrument F2007B00851, issued under the authority of the Appropriation Act (No. 1) 2001-2002, serves to adjust the appropriation for the Department of Foreign Affairs and Trade, increasing it by $5,713,391 to cover administered expenses. This legislative instrument was introduced to address an immediate need for additional funding to support public understanding in Australia and overseas of Australia’s foreign and trade policy, as well as to enhance Australia's positive image internationally. Enacted by the Australian Parliament, the policy objective of this instrument is to ensure that the Department of Foreign Affairs and Trade has the necessary resources to effectively promote Australia's interests abroad and maintain a robust diplomatic presence.

Scope and Application

The Legislative Instrument F2007B00851, under Section 11 of the Appropriation Act (No. 1) 2001-2002, pertains to the re-allocation of funds within the Australian government. Specifically, it addresses an increase in the appropriation item for the Department of Foreign Affairs and Trade, which is responsible for managing Australia's international relations and trade policies. The instrument authorises an additional allocation of $5,713,391 to the administered expenses associated with Outcome 3, which focuses on enhancing public understanding both domestically and internationally of Australia's foreign and trade policies, as well as fostering a positive global image of the country. This adjustment is temporary and pending the issuance of Additional Estimates. The authority to make such adjustments rests with Jim Kerwin, the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, within the Department of Finance and Administration. The legislative instrument does not explicitly mention any exclusions, exemptions, or thresholds, nor does it extend its application through subordinate instruments.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2001-2002 outlines the process for temporarily increasing an appropriation item before the presentation of Additional Estimates. According to the legislative instrument (F2007B00851), Jim Kerwin, as Branch Manager of the Commonwealth Financial Reporting Unit in the Department of Finance and Administration, has determined that the appropriation item for the Department of Foreign Affairs and Trade needs to be increased by $5,713,391. This increase is specifically for administered expenses related to Outcome 3, which involves promoting public understanding of Australia’s foreign and trade policy both domestically and internationally, as well as enhancing Australia's image abroad. This decision is pending the presentation of Additional Estimates, which will provide a more comprehensive financial overview for the fiscal year. The Act imposes certain obligations on the entities it governs, including the requirement for the Department of Finance and Administration to ensure that any adjustments to appropriations are justified and necessary. The Department of Foreign Affairs and Trade must also adhere to the prescribed expenditure limits unless authorised otherwise. Additionally, the legislation mandates that any increase in appropriation must be clearly documented and communicated to relevant stakeholders. The determination by Jim Kerwin is a formal step in this process, ensuring that the financial needs of the Department of Foreign Affairs and Trade are temporarily met while awaiting the formal budgetary review. Breaching the provisions outlined in the Appropriation Act can result in various consequences, both civil and criminal. If an entity fails to comply with the requirements set forth in Section 11, it may face legal action for mismanagement of public funds. Specifically, there could be penalties for unauthorized expenditure or misallocation of funds, which may lead to financial repercussions or legal sanctions against the responsible officials. The Act does not explicitly state maximum penalties within the legislative instrument, but violations could result in fines, imprisonment, or other civil penalties as determined by relevant authorities. The severity of the consequences underscores the importance of adhering to the prescribed budgetary processes and ensuring that any changes to appropriations are legitimate and properly authorised.