Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 8 of 2001-2002)

Overview

The Appropriation Act (No. 1) 2001-2002 was enacted to provide for the appropriation of revenue and the application of the Crown's funds in the service of the Commonwealth for the financial year ending 30 June 2002. This Act was introduced by the Australian Parliament to address the need for the allocation and management of financial resources in accordance with the government's priorities and expenditure requirements for that year. The objective of this Act, as stated, is to ensure that the funds are appropriately allocated to various government agencies and departments, enabling them to carry out their functions and deliver public services effectively. The legislative instrument F2007B00854, which references Section 11 of the Appropriation Act (No. 1) 2001-2002, authorises an increase in the appropriation for the Department of Foreign Affairs and Trade for administered expenses related to public understanding of Australia's foreign and trade policy and its international image. This adjustment is pending the submission of Additional Estimates to ensure continued funding for these essential activities.

Scope and Application

The Appropriation Act (No. 1) 2001-2002, specifically under Section 11, grants authority to the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, to adjust appropriations pending additional estimates. In this instance, Jim Kerwin, as the Branch Manager, has determined that the appropriation item for administered expenses under Outcome 3 for the Department of Foreign Affairs and Trade will be increased by $220,098. This adjustment pertains to the specific purpose of enhancing public understanding in Australia and overseas of Australia's foreign and trade policy and fostering a positive international image of Australia. The legislative instrument applies to the Department of Foreign Affairs and Trade, focusing on the financial allocation for public understanding and international representation activities. This determination is a part of the Commonwealth's fiscal management and budgetary control mechanisms, ensuring that funds are appropriately allocated to meet specific policy objectives.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2001-2002 allows the Finance Minister to determine an increase to an appropriation item before the Additional Estimates are presented. In this case, Section 11 has been exercised by Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, who has determined that the appropriation item for administered expenses for the Department of Foreign Affairs and Trade must be increased by $220,098. This increase is temporary and pending the presentation of Additional Estimates. The purpose of this increase is to support the outcome of public understanding in Australia and overseas of Australia’s foreign and trade policy and to foster a positive image of Australia internationally. The Act imposes specific obligations on the entities it governs. Jim Kerwin, as Branch Manager, has the authority to determine an increase to an appropriation item under Section 11 of the Appropriation Act (No. 1) 2001-2002, subject to the requirements of the Act. He must ensure that the appropriation item is increased by the amount specified and that this increase is made pending the presentation of Additional Estimates. Furthermore, the Department of Foreign Affairs and Trade must use this increased appropriation for the specific purpose of enhancing public understanding of Australia’s foreign and trade policy and maintaining a positive international image. Failure to comply with the provisions of the Act could result in various consequences. Although the specific legislative instrument does not detail offences or penalties, breaches of the Appropriation Act (No. 1) 2001-2002 generally could lead to legal actions, including civil or criminal penalties. The penalties could include fines or imprisonment, depending on the severity of the breach. The exact penalties would be determined based on the specific laws governing the administration and enforcement of the Appropriation Act. It is essential for all parties involved to adhere strictly to the requirements of the Act to avoid any legal repercussions.