Advance to the Finance Minister – section 11 of Appropriation Act (No. 2) 2000-2001 (No. 3 of 2000-2001)

Overview

The Legislative Instrument F2007B00989 pertains to an Advance to the Finance Minister under Section 11 of the Appropriation Act (No.1) 2000-2001. Enacted in 2000, this legislative instrument was introduced to address the need for increased appropriations for certain government agencies to facilitate their ongoing operations and projects. The enacting body in this context is the Australian Parliament, which established the framework for financial management and appropriation through the Appropriation Act. The policy objective behind this specific legislative instrument is to ensure that the Department of Industry, Science and Resources receives the necessary funding to support the outcome of a stronger, sustainable, and internationally competitive Australian industry, encompassing the manufacturing, resources, and service sectors.

Scope and Application

The Legislative Instrument F2007B00989, as an appropriation act, applies to the Commonwealth of Australia, specifically under the purview of the Department of Finance and Administration. This legislation pertains to the allocation and reallocation of financial resources within the government, directly impacting the appropriation item listed for the Department of Industry, Science and Resources. The purpose of this act is to augment the specified appropriation by $11,736,170, pending the issuance of Additional Estimates. The geographic reach of this legislation is national, applying across all states and territories within Australia, and its application extends to entities directly involved in the financial management and allocation of federal funds. There are no exclusions, exemptions, or thresholds explicitly stated within this particular legislative instrument, though broader applicability and restrictions may be governed by subordinate instruments and overarching financial regulations.

Key Provisions

Section 11 of the Appropriation Act (No. 1) 2000-2001, as referenced by Jim Kerwin, allows for a temporary increase in appropriations for specific agencies pending the presentation of Additional Estimates. According to this section, an appropriation item can be adjusted by a specified amount, as outlined in a detailed table within the legislative instrument. This means that the allocation of funds for certain activities or projects within the Department of Industry, Science and Resources has been temporarily increased by $11,736,170. This adjustment is to be considered valid until the Additional Estimates are formally approved and implemented, ensuring that the department can continue to operate within the fiscal year without interruption. The obligations imposed by this legislation on the relevant parties, primarily the Department of Industry, Science and Resources, include adherence to the revised appropriation amounts as stipulated. This means that the department must manage its finances according to the newly allocated funds, ensuring that the additional $11,736,170 is used in accordance with the intended outcomes and purposes outlined in the appropriation act. The department is also responsible for maintaining accurate financial records and reporting any changes or expenditures back to the appropriate authorities to ensure transparency and accountability. Breach of the terms set out in this legislative instrument could lead to significant consequences. While the specific penalties are not detailed in the text provided, breaches of appropriation acts generally result in financial mismanagement charges, which could lead to both civil and criminal liabilities. Civilly, the department could face financial penalties or be required to repay any misused funds. Criminally, individuals within the department found to have intentionally misused funds could face fines or imprisonment, depending on the severity and intent behind the breach. The maximum penalties would be determined by the specific provisions of other related legislation and the discretion of the courts.