ADVANCE TO THE FINANCE MINISTER – SECTION 11 OF APPROPRIATION ACT (No.1) 2002-2003
I, Jim Kerwin, Manager, Financial Reporting and Cash Management Division, Financial Management Group, Department of Finance and Administration, pursuant to Section 11 of Appropriation Act (No. 1) 2002-2003, hereby determine that the appropriation item listed in Column 1 for the agency listed in Column 2 be increased by the amount listed in Column 3.
Column 1 | Column 2 | Column 3 |
Appropriation Item | Agency | Amount |
| | $ |
| | |
Appropriation Act (No. 1) 2002-2003 | Australian Maritime Safety Authority | 800,000 |
Administered Expenses – Outcome 1 | | |
A better transport system for Australia and greater recognition and opportunities for local, regional and territory communities. | | |
| | |
| | |
Jim Kerwin No. 9 of 2002-2003
7 April 2003
Overview
The Appropriation Act (No.1) 2002-2003 was enacted to provide financial authorisation for various government agencies to undertake their respective operations and activities for the financial year 2002-2003. This Act, established by the Parliament of Australia, addresses the need to allocate budgetary resources effectively to ensure the smooth functioning of government services and projects. One of the primary policy objectives behind this Act is to enhance the transport system in Australia, thereby promoting better connectivity and opportunities for local, regional, and territory communities. This legislative instrument serves to adjust the appropriations for specific agencies, ensuring that they have the necessary funds to meet their operational requirements and achieve their outcomes for the financial year.
Scope and Application
The legislative instrument, F2007B00904, pertains to the Appropriation Act (No. 1) 2002-2003 and specifically details an increase in appropriations for certain entities within the Australian government. This act applies directly to the Australian Maritime Safety Authority, and the appropriation increase is directed towards administered expenses associated with Outcome 1, which aims to enhance Australia's transport system and provide better recognition and opportunities for local, regional, and territory communities. The increased funding of $800,000 is intended to support the authority's operations and objectives as outlined in the act. The jurisdictional reach of this legislation is limited to the Commonwealth level, impacting only the entities and outcomes specified within the act.
This legislative instrument does not specify any exclusions, exemptions, or thresholds beyond the identified appropriation item and agency. While the primary legislation outlines the appropriation increase, it is noted that further application and implementation details might be subject to subordinate instruments or administrative actions by the relevant government departments. The determination by Jim Kerwin, Manager of Financial Reporting and Cash Management Division, Financial Management Group, Department of Finance and Administration, signifies the authority vested in the finance minister under Section 11 of the Appropriation Act (No. 1) 2002-2003, providing the legal basis for this financial adjustment.
Key Provisions
The main operative section of this legislative instrument is Section 11 of the Appropriation Act (No. 1) 2002-2003, which authorises the Manager of Financial Reporting and Cash Management Division, Financial Management Group, Department of Finance and Administration to determine increases in appropriations. Section 11 allows for the re-allocation of funds from one appropriation item to another within the specified fiscal year, in this case, for the Australian Maritime Safety Authority (AMSA). According to the determination made by Jim Kerwin, the appropriation item for AMSA has been increased by $800,000, which will be allocated to Administered Expenses – Outcome 1, aimed at achieving a better transport system for Australia and enhancing recognition and opportunities for local, regional, and territory communities.
The Act imposes obligations on the designated authority, in this case, Jim Kerwin, to determine and document any changes to appropriation items in accordance with the provisions of Section 11. The authority must ensure that the increase in appropriation is within the confines of the Act and adheres to the fiscal policy guidelines of the government. Furthermore, the authority is responsible for ensuring that the funds are allocated appropriately, and the increased appropriation is used for the intended purpose of supporting AMSA's activities related to Outcome 1.
Failure to comply with the requirements of the Act may result in legal consequences. While the specific offences, penalties, or consequences are not explicitly stated in the legislative instrument, breaches of the Appropriation Act (No. 1) 2002-2003 may lead to civil or criminal liability. Civil consequences may include financial penalties, damages, or injunctive relief. Criminal consequences may include imprisonment, fines, or both, depending on the severity of the breach and the discretion of the court. The maximum penalties for such breaches are not specified within this legislative instrument but would be determined in accordance with the relevant laws and regulations governing public sector financial management in Australia.