Advance to the Finance Minister - section 11 of Appropriation Act (No. 1) 2002-2003 (No. 19 of 2002-2003)

Overview

The Legislative Instrument F2007B00922, enacted in 2003, relates to an advancement to the Finance Minister under Section 11 of the Appropriation Act (No.1) 2002-2003. This legislative instrument was introduced to address the need for adjustments to appropriations as part of the Commonwealth’s budget process. The enacting body is the Australian Parliament, which authorised the adjustment to ensure that the appropriations could meet the financial demands of specified government activities. The policy objective of this advancement was to provide the necessary funding for coordinated federal criminal justice, security, and emergency management activities, thereby contributing to a safer Australia. The instrument specifies the increase in appropriation for the Attorney-General’s Department to support its outcomes and activities.

Scope and Application

The Legislative Instrument F2007B00922, under Section 11 of the Appropriation Act (No. 1) 2002-2003, applies to the Attorney-General’s Department and pertains specifically to the increase of an appropriation item for administered expenses related to coordinated federal criminal justice, security, and emergency management activities aimed at ensuring a safer Australia. The scope of this legislative instrument is confined to the financial year 2002-2003, and it involves the augmentation of funds by $869,326 for the specified appropriation item. The application of this instrument is strictly within the jurisdiction of the Commonwealth of Australia, and it does not extend beyond this scope without further legislative or administrative action. The increase is explicitly for the purpose of supporting coordinated federal activities within the Attorney-General’s Department, and no exclusions or exemptions are explicitly stated within the instrument itself. The legislative instrument is a direct application of the authority granted under the Appropriation Act, with no indication of subordinate instruments extending or restricting its application.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2002-2003 empowers the Manager of Financial Reporting and Cash Management Division, Financial Management Group, Department of Finance and Administration to increase specific appropriation items for certain agencies. The determination includes a specific appropriation item for the Attorney-General’s Department, increasing the allocated amount for administered expenses under Outcome 2: Coordinated federal criminal justice, security and emergency management activity, for a safer Australia. The increment for this appropriation item is specified as $869,326. This provision allows for the reallocation of funds within the constraints set by the Act, ensuring that the Attorney-General’s Department has the necessary resources to effectively carry out its duties. The obligations imposed by this legislative instrument require the Manager to carefully consider the financial needs of the Attorney-General’s Department and ensure that the increased appropriation aligns with the objectives outlined in Outcome 2. This includes verifying that the funds are used for coordinated federal criminal justice, security, and emergency management activities that contribute to a safer Australia. Additionally, the Manager must maintain accurate records and documentation of the determination and its rationale, ensuring transparency and accountability in the financial management process. Failure to comply with the provisions of Section 11 of the Appropriation Act (No. 1) 2002-2003 can result in significant consequences. While specific offences and penalties are not detailed in the legislative instrument itself, breaches of appropriation laws can lead to both civil and criminal penalties under broader financial management statutes. Civil consequences might include fines, restitution, or other monetary penalties. Criminal penalties could include imprisonment, depending on the severity of the breach and the intent behind it. The precise penalties would be governed by the specific provisions of the relevant financial administration acts and regulations. It is crucial for the Manager to adhere strictly to the requirements set out in the Act to avoid any legal repercussions.