Advance to the Finance Minister - section 11 of Appropriation Act (No. 1) 2002-2003 (No. 17 of 2002-2003)

Overview

The Legislative Instrument F2007B00920, executed under Section 11 of the Appropriation Act (No. 1) 2002-2003, was introduced to address the need for adjustments in budgetary allocations for specified government agencies. This legislative instrument, dated 20 June 2003, was enacted by Jim Kerwin, the Manager of the Financial Reporting and Cash Management Division within the Financial Management Group of the Department of Finance and Administration. The Act aimed to ensure that the Department of Immigration and Multicultural and Indigenous Affairs received additional funding to support sound and well-coordinated policies, programs, and decision-making processes in relation to Indigenous affairs and reconciliation. This adjustment was necessary to meet the policy objectives outlined in the Appropriation Act, ensuring that the government could effectively deliver on its commitments in these critical areas.

Scope and Application

Section 11 of the Appropriation Act (No. 1) 2002-2003, as implemented by the legislative instrument F2007B00920, pertains to the adjustment of appropriations for specific items within the Australian government. Specifically, this instrument applies to the Department of Immigration and Multicultural and Indigenous Affairs, allowing for an increase in appropriations for administered expenses under Outcome 3, which relates to sound and well-coordinated policies, programs, and decision-making processes in Indigenous affairs and reconciliation. The amount authorised for adjustment in this instance is $212,485, reflecting the Commonwealth’s commitment to allocate additional resources to support these critical areas. The legislation operates within the jurisdictional boundaries of the Commonwealth of Australia, and its application is confined to the specified department and appropriation item. No exclusions, exemptions, or thresholds are explicitly stated within this legislative instrument, though the application may be further refined or extended through subordinate instruments.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2002-2003 allows the Manager of Financial Reporting and Cash Management Division, Financial Management Group, Department of Finance and Administration to increase the appropriation of specific funds allocated to various government agencies. This particular legislative instrument (F2007B00920) applies to the Department of Immigration and Multicultural and Indigenous Affairs, specifically increasing the appropriation for 'Administered Expenses – Outcome 3' by $212,485. Outcome 3 pertains to sound and well-coordinated policies, programs, and decision-making processes in relation to Indigenous affairs and reconciliation. The determination was signed by Jim Kerwin on 20 June 2003. The Act imposes clear obligations on the designated manager to ensure that the appropriation adjustments align with the budgetary requirements and policy directives of the government. The manager must verify that the increase in funding is justified and necessary for the stated purpose. Additionally, the manager must ensure that the increased appropriation is documented accurately in the financial records of the Department of Finance and Administration, reflecting the authorised changes in budget allocations. In the event of non-compliance with the provisions of the Appropriation Act (No. 1) 2002-2003, various offences could be committed, potentially leading to civil or criminal consequences. For instance, misappropriating funds or failing to adhere to the authorised appropriations could result in penalties under the Public Governance, Performance and Accountability Act 2013. Civil penalties for breaches may include fines and corrective actions, while criminal penalties could involve imprisonment, depending on the severity of the breach and the intent behind it. The specific maximum penalties are detailed in the relevant sections of the Public Governance, Performance and Accountability Act 2013.