Advance to the Finance Minister – section 11 of Appropriation Act (No. 2) 2000-2001 (No. 20 of 2000-2001)

Overview

The Appropriation Act (No.2) 2000-2001, enacted on 30 May 2001, was introduced to address the need for increased financial allocations to certain government agencies and programs within the fiscal year. This legislation, enacted by the Australian Parliament, aims to provide the necessary funds to support specific payments to the states and territories, ultimately contributing to improved and more efficient government operations. The Act allows for adjustments in appropriations to ensure that the Department of Finance and Administration can meet its financial obligations effectively. The policy objective is to facilitate the efficient distribution of funds to support governmental functions and services. This legislative instrument, F2007B00791, authorises Phillip Prior, the Branch Manager of the Commonwealth Financial Reporting Unit within the Budget Group of the Department of Finance and Administration, to increase the appropriation item for the Department of Finance and Administration by $6,595,417 for administered expenses specific payments to the states and territories. This adjustment is in line with the overarching goal of enhancing government operations through effective financial management and distribution of funds.

Scope and Application

The Legislative Instrument F2007B00791 pertains to an increase in appropriations under the Appropriation Act (No. 2) 2000-2001, specifically authorising an additional allocation of funds to the Department of Finance and Administration. This instrument applies directly to the Commonwealth government and the Department of Finance and Administration, impacting their financial administration and budgetary processes. The legislation is limited to the appropriation item titled "Administered Expenses Specific Payments to the States & Territories," which is designated for enhancing government operations and efficiency. The jurisdiction of this Act is national, affecting the entire Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds within the text of the instrument itself, but it is subject to the overarching provisions of the Appropriation Act (No. 2) 2000-2001. Any further application or interpretation of the Act may be extended or restricted through subordinate instruments issued under the authority of the Act.

Key Provisions

Section 11 of the Appropriation Act (No. 2) 2000-2001 allows the Finance Minister to adjust appropriations as necessary, as demonstrated by Section 11 of this particular legislative instrument (F2007B00791). In this instance, Phillip Prior, Branch Manager of the Commonwealth Financial Reporting Unit within the Budget Group of the Department of Finance and Administration, has exercised this authority. Specifically, the appropriation item listed under Column 1 for the agency specified in Column 2 will be increased by the amount detailed in Column 3. For the year 2000-2001, the appropriation item "Administered Expenses Specific Payments to the States & Territories" under the Department of Finance & Administration has been increased by $6,595,417. The Act imposes clear obligations on the relevant parties to ensure compliance with the financial adjustments as stipulated in the legislation. Phillip Prior, in his capacity as Branch Manager, must ensure that the increase in appropriation is accurately reflected in the relevant financial records and that the funds are allocated as intended. The Department of Finance & Administration is required to manage these funds in accordance with the financial governance frameworks and budgetary constraints established by the Commonwealth. These obligations include maintaining proper documentation and reporting to ensure transparency and accountability in the use of public funds. Breach of the provisions of this Act can lead to serious legal consequences. While specific offences and penalties are not detailed in the legislative instrument itself, general legal frameworks governing public finance and appropriation in Australia would apply. Penalties for non-compliance could include fines, imprisonment, or both, depending on the severity of the breach. In cases where there is intent to defraud or significant mismanagement of funds, the penalties can be particularly severe. The precise penalties would be determined by a court based on the specific circumstances of the breach and the applicable laws at the time.