Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2001-2002 (No. 9 of 2001-2002)

Overview

The legislative instrument F2007B00862, enacted on 25 February 2002, pertains to an advance to the Finance Minister under Section 11 of the Appropriation Act (No. 1) 2001-2002. This legislation was introduced to address the need for financial adjustments within the specified appropriation items for the Department of Foreign Affairs and Trade, as part of the broader national budget process. The enacting body was the Parliament, with the purpose of ensuring that Australia’s national interests are protected and advanced through contributions to international security, national economic and trade performance, and global cooperation. By authorising an increase in the appropriation items for the Department of Foreign Affairs and Trade, the Act aims to facilitate the execution of these national interests effectively.

Scope and Application

Section 11 of the Appropriation Act (No. 1) 2001-2002 provides the authority for the determination and adjustment of appropriation items, which in this case pertains to the Department of Foreign Affairs and Trade. This legislative instrument authorises the specified increase in appropriations for administered expenses, pending additional estimates. The application of this legislation is limited to the financial management and budgetary control within the Department of Foreign Affairs and Trade, impacting how funds are allocated for specific outcomes such as the protection and advancement of Australia's national interests in international security and economic trade. This legislative instrument does not specify geographic or jurisdictional reach beyond the Commonwealth level but is inherently limited to federal entities and transactions managed by the Department of Foreign Affairs and Trade. The adjustments made under this Act do not extend to state or territory appropriations or other non-federal entities. There are no stated exclusions, exemptions, or specific thresholds within the provided legislative instrument; however, further regulations and guidelines may be established through subordinate instruments to clarify or expand upon the application of this Act.

Key Provisions

The legislative instrument, numbered F2007B00862, pertains to an advance to the Finance Minister under Section 11 of the Appropriation Act (No.1) 2001-2002. The key operative section here is Section 11, which allows for the increase of appropriation items pending Additional Estimates. In this case, Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit in the Department of Finance and Administration, has determined an increase for certain appropriation items for the Department of Foreign Affairs and Trade. Specifically, under Column 1 of the instrument, the appropriation item 'Administered Expenses – Final Charge' is increased by $25,380,756, and under 'Outcome 1', the item 'Pending Additional Estimates' is increased by $5,410,000, bringing the total increase to $30,790,756. This legislative instrument imposes clear obligations on the relevant parties. Jim Kerwin, as the Branch Manager, must ensure that the increases are accurately calculated and justified, aligning with the objectives of the Department of Foreign Affairs and Trade, which include protecting and advancing Australia’s national interests through international security, economic performance, and global cooperation. The Department of Foreign Affairs and Trade must also ensure that these additional funds are used effectively and efficiently, in line with their strategic outcomes. Breaches of the obligations imposed by this legislation could result in various consequences. For instance, if the increased funds are not used in accordance with the specified appropriation items or if they are misallocated, it could lead to financial mismanagement and potential legal repercussions. The Act does not specify exact penalties but implies that such breaches could be subject to audit and review by relevant authorities, potentially leading to financial penalties or corrective measures. The seriousness of the breach would determine the extent of the penalties, which might include financial penalties or disciplinary action against the responsible officials.