Advance to the Finance Minister – section 11 of Appropriation Act (No. 2) 2000-2001 (No. 14 of 2000-2001)

Overview

The Legislative Instrument F2007B00785 pertains to the Appropriation Act (No. 2) 2000-2001, enacted on 30 April 2001. This legislative instrument was introduced by the Australian Parliament to address the need for additional funding to be allocated to specific appropriation items for the financial year 2000-2001. The primary problem it aimed to resolve was the requirement for an increase in budgetary provisions to support ongoing and new initiatives within specified government agencies, particularly those focused on environmental conservation and heritage. The policy objective, as stated in the instrument, is to ensure that the environment, especially matters of national environmental significance, are effectively protected and conserved. This legislative action is a response to identified needs within the government’s financial planning and reflects the commitment to allocate necessary resources to environmental protection efforts.

Scope and Application

The Legislative Instrument F2007B00785, specifically Section 11 of the Appropriation Act (No. 2) 2000-2001, provides for the adjustment of appropriations for government agencies, thereby impacting their budgetary allocations for the fiscal year. This Act applies directly to the Department of the Environment and Heritage, allowing for an increase in its appropriation by $334,000. The legislation is a Commonwealth Act, thereby extending its jurisdictional reach across the entire nation, ensuring a uniform application of financial allocations among federal departments. The Act's primary focus is on the protection and conservation of the environment, particularly aspects deemed of national environmental significance. However, it does not explicitly state any exclusions, exemptions, or thresholds beyond the specified appropriation adjustments listed in the document. The implementation and further application of this Act may be subject to subordinate instruments, which can provide additional details or extend its application to other agencies or circumstances as required.

Key Provisions

Section 11 of the Appropriation Act (No. 2) 2000-2001 provides the authority for the determination of adjustments to appropriations. In this case, section 11 allows the Branch Manager of the Agency Advice Unit, Budget Group, Department of Finance and Administration, specifically Jim Kerwin, to increase the appropriation for the Department of the Environment and Heritage by $334,000. This adjustment pertains to the appropriation item under the Specific Payments to the States and Territories, Outcome 1, which focuses on the protection and conservation of the environment, particularly those aspects that are matters of national environmental significance. The obligations imposed by this Act on the parties involved are primarily administrative and financial in nature. The Branch Manager, Jim Kerwin, must ensure that the determination is accurate and justified, reflecting the needs and priorities of the Department of the Environment and Heritage. The Department of Finance and Administration is tasked with overseeing the implementation of these adjustments within the broader budgetary framework. The Department of the Environment and Heritage, as the beneficiary of the increased appropriation, must use the additional funds in accordance with their mandate and legislative requirements, ensuring they are directed towards the specified environmental outcomes. Failure to comply with the provisions of this legislation could lead to significant consequences. While the Act itself does not explicitly outline specific offences or penalties for non-compliance, breaches of appropriation or mismanagement of funds could potentially result in legal action under other relevant statutes or regulations. Such breaches may lead to financial penalties, sanctions, or legal proceedings to recover misused funds. Additionally, there could be administrative consequences, such as audits or investigations, which might uncover further non-compliance issues. The exact penalties would depend on the nature and extent of the breach, as well as the applicable laws governing public sector financial management.