Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2002-2003 (No. 13 of 2002-2003)

Overview

The Legislative Instrument F2007B00912 pertains to an advance to the Finance Minister under Section 11 of the Appropriation Act (No. 1) 2002-2003. Enacted to address the financial requirements of specific government agencies, this legislative instrument enables adjustments to appropriations as necessary to meet operational needs. The purpose of this instrument, issued by the Manager of the Financial Reporting and Cash Management Division within the Financial Management Group of the Department of Finance and Administration, is to provide an additional allocation of $500,000 to the Australian Maritime Safety Authority under the Administered Expenses for Outcome 1: A better transport system for Australia. This adjustment aims to ensure that the agency can effectively carry out its responsibilities within the stipulated budget framework, thereby supporting the overarching policy objective of improving Australia's transport system.

Scope and Application

The Appropriation Act (No. 1) 2002-2003, specifically Section 11, provides the authority for the Finance Minister to adjust appropriations for particular agencies, as demonstrated in this legislative instrument. This particular Act applies to the Australian Maritime Safety Authority, granting it an additional $500,000 for administered expenses under Outcome 1, which aims to achieve a better transport system for Australia. This adjustment reflects the legislative intent to support the activities of the Australian Maritime Safety Authority, ensuring that it has the necessary resources to effectively carry out its mandated functions. The legislative instrument is a specific instance of the broader authority conferred by Section 11 of the Appropriation Act (No. 1) 2002-2003, which allows for modifications to appropriations to meet operational needs. The adjustment is targeted solely at the Australian Maritime Safety Authority, indicating a direct allocation to support its specific outcomes. The geographic and jurisdictional reach of this Act is inherently federal, given its origin in a Commonwealth appropriation act, thus extending its application across the national territory. No exclusions, exemptions, or specific thresholds are detailed within this instrument, but the overarching Act provides the framework within which such determinations are made. The Act’s application may be further detailed or extended through subordinate instruments, which are not specified in this particular legislative instrument.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2002-2003 allows for the adjustment of appropriations to ensure that agencies have the necessary resources to meet their obligations. In this case, section 11 has been invoked to increase the appropriation for the Australian Maritime Safety Authority by $500,000 for the Administered Expenses – Outcome 1, which pertains to achieving a better transport system for Australia. This section facilitates the financial flexibility required for governmental agencies to adapt to changing circumstances and demands. The obligations imposed by this legislative instrument on the Australian Maritime Safety Authority include the prudent and efficient utilisation of the additional funds to enhance their operations. The Authority must ensure that the increased appropriation is aligned with the outcomes set forth in the appropriation act, specifically focusing on improving Australia's transport system. Additionally, the Authority must maintain accurate financial records and reporting to justify the use of these funds, as per standard government accounting practices. Failure to comply with the provisions of this legislative instrument could result in serious consequences. The Act does not explicitly outline specific offences or penalties for non-compliance within its text, but breaches of appropriation laws generally can lead to both civil and criminal liabilities. Civilly, the Authority could be subject to audits and financial reviews by the Australian National Audit Office, which may result in the recovery of misused funds. Criminally, if the misuse of funds involves fraud or other illegal activities, individuals involved could face charges under the Criminal Code Act 1995, potentially leading to significant fines or imprisonment. The exact penalties would depend on the severity and intent behind the breach, but they could include fines up to the statutory maximum or imprisonment for several years.