Advance to the Finance Minister – section 11 of Appropriation Act (No. 1) 2002-2003 (No. 6 of 2002-2003)

Overview

The legislative instrument F2007B00891, enacted in 2003, serves as an advancement to the Finance Minister under Section 11 of the Appropriation Act (No. 1) 2002-2003. This particular legislative instrument was created to address the need for interim financial adjustments to appropriations made in the initial budget for the financial year. In this case, Jim Kerwin, the Divisional Manager of Financial Reporting and Cash Management in the Department of Finance and Administration, authorised an increase in the appropriation for the Department of Foreign Affairs and Trade by $557,800. This adjustment was necessary to cater to the additional expenses required for Outcome 2, which involves providing Australians with access to consular and passport services both domestically and internationally. The enactment of this legislative instrument by the Parliament of Australia aims to ensure that the government can respond promptly to unforeseen financial needs without waiting for the formal budget amendment process.

Scope and Application

The Appropriation Act (No. 1) 2002-2003, specifically Section 11, provides authority for the advancement of funds to the Finance Minister for allocation to various government agencies. This particular legislative instrument pertains to the Department of Foreign Affairs and Trade, with a specific appropriation increase of $557,800 for administered expenses related to Outcome 2, which ensures Australians are informed and have access to consular and passport services both domestically and internationally. The act is applicable to the Commonwealth level and applies directly to the specified appropriation item for the mentioned agency, with the increase pending the issuance of Additional Estimates. This legislative instrument ensures that the Department of Foreign Affairs and Trade can maintain its service levels as outlined in the appropriation for the specified outcome.

Key Provisions

The main operative section of this legislative instrument is Section 11 of the Appropriation Act (No. 1) 2002-2003, which grants the authority to adjust appropriation items pending Additional Estimates. In this specific instance, Section 11 allows Jim Kerwin, the Divisional Manager, Financial Reporting & Cash Management at the Department of Finance and Administration, to increase the appropriation item for the Department of Foreign Affairs and Trade by $557,800. This adjustment is specifically for the Administered Expenses related to Outcome 2, which pertains to providing Australians with access to consular and passport services both in Australia and overseas. The amendment is effective until such time as Additional Estimates are presented. The Act imposes clear obligations on Jim Kerwin and the Department of Finance and Administration. They must ensure that the appropriation item is increased by the specified amount, which is $557,800, and this adjustment must be carried out pending the presentation of Additional Estimates. Additionally, the authority to make such a determination is strictly limited to the terms outlined in Section 11 of the Appropriation Act (No. 1) 2002-2003. Any changes must be duly documented and justified, ensuring transparency and accountability in the financial management process. There are no specific offences, penalties, or consequences outlined in this legislative instrument for breach of the provisions set out in Section 11. However, any misuse of the authority granted under this section could potentially lead to broader administrative or financial irregularities. In cases where the appropriation is not used in accordance with the Act or the specified purposes, it could result in scrutiny from financial oversight bodies and potentially lead to civil or administrative penalties. The exact penalties would depend on the findings of any subsequent investigation and the specific breaches identified. In summary, this legislative instrument provides a clear framework for the temporary adjustment of appropriation items, ensuring that essential services, such as consular and passport services, can be adequately funded. It imposes specific obligations on the Department of Finance and Administration to accurately and transparently manage these adjustments. While the document itself does not specify penalties for breach, the integrity of the financial management process is paramount, and any misuse of the granted authority could lead to further consequences.