Advance to the Finance Minister - section 11 of Appropriation Act (No. 1) 2002-2003 (No. 16 of 2002-2003)

Overview

The Legislative Instrument F2007B00919, dated 18 June 2003, was enacted under Section 11 of the Appropriation Act (No. 1) 2002-2003 by the Commonwealth of Australia. This legislative instrument was introduced to address the need for adjustments to appropriations within the financial year 2002-2003, allowing for the reallocation of funds to ensure the efficient operation of government activities as planned. The enactment was authorised by the Parliament of Australia, aiming to facilitate the administrative flexibility required to meet the financial obligations and strategic objectives of government agencies. The policy objective behind this adjustment is to support improved and more efficient government operations, as outlined in Outcome 2 of the Department of Finance and Administration's budget, ensuring that resources are effectively allocated to achieve the desired outcomes.

Scope and Application

The Appropriation Act (No. 1) 2002-2003, specifically Section 11, mandates that appropriations for the Department of Finance and Administration are subject to adjustments based on determined needs. In this context, Jim Kerwin, Manager of Financial Reporting and Cash Management Division within the Financial Management Group, is authorised to increase the appropriation for Administered Expenses under Outcome 2, which pertains to improved and more efficient government operations. The appropriation item is increased by $4,563,054, reflecting an adjustment to the financial allocation for the specified outcome. The geographic scope of this legislation is limited to the Commonwealth level, impacting federal agencies directly. The Act does not specify exclusions or exemptions but operates within the bounds of the appropriations outlined in the Act. The authority to make such adjustments is further extended through the issuance of subordinate instruments, which may provide additional details or conditions under which these appropriations may be altered.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2002-2003 provides the authority for an advance to the Finance Minister, allowing the Manager of the Financial Reporting and Cash Management Division within the Financial Management Group of the Department of Finance and Administration to adjust appropriation items. According to Section 11, this advance is specifically for the appropriation item "Administered Expenses – Outcome 2: Improved and more efficient government operations" for the Department of Finance and Administration, and the adjustment increases this appropriation by $4,563,054. This adjustment is effective from 18 June 2003, as signed by Jim Kerwin. The Act imposes certain obligations on the parties involved. The Manager, Financial Reporting and Cash Management Division, must ensure that the appropriation is correctly calculated and authorised in accordance with the provisions of the Act. The Finance Minister is required to approve or implement the adjustment as determined by the Manager. Furthermore, both parties must ensure that the appropriation adjustments are within the legal framework of the Appropriation Act and are justified by the needs of the specified outcome, which in this case is improved and more efficient government operations. Failure to comply with the provisions of this Act may result in legal consequences. However, the legislative instrument itself does not explicitly detail specific offences or penalties for breaches. It is essential to refer to the overarching legislation or related legal frameworks to determine any potential civil or criminal penalties. In general, breaches of appropriation laws can lead to legal action, financial penalties, and possibly criminal charges, depending on the severity and intent behind the breach. Given the nature of financial appropriation, the accuracy and proper justification of the appropriation adjustments are crucial. Any misallocation or misuse of funds could result in significant repercussions, including financial loss to the government and potential legal action against the responsible parties. Ensuring compliance with the Act’s provisions helps maintain the integrity and efficiency of government operations.