Advance to the Finance Minister – section 11 of Appropriation Act (No. 2) 2000-2001 (No. 4 of 2000-2001)

Overview

The legislative instrument F2007B00778, enacted in 2000, serves to amend the Appropriation Act (No. 2) 2000-2001, addressing the need to reallocate funds within the Department of Industry, Science and Resources to better support Australia's manufacturing, resources, and service sectors. This amendment was authorised by section 11 of the said Act, which allows for adjustments in appropriations pending the submission of Additional Estimates. The objective of this legislative instrument is to enhance the sustainability and international competitiveness of Australian industry, aligning with the overarching goals of Outcome No 1 as outlined in the Act. The determination was made by Jim Kerwin, SES Band 2, from the Commonwealth Financial Reporting Unit within the Department of Finance and Administration, ensuring the reallocation is fiscally responsible and in line with national economic priorities.

Scope and Application

The Legislative Instrument F2007B00778 pertains to a determination under section 11 of the Appropriation Act (No. 2) 2000-2001, specifically addressing the adjustment of appropriations for the Department of Industry, Science and Resources. This legislative instrument applies to the Department of Industry, Science and Resources, a federal government agency responsible for policies and programs that foster innovation and competitiveness in Australian industries. The Act authorises an increase to the appropriation for this department by $100,324 to cater for specific payments to the states and territories. This adjustment is pending the presentation of Additional Estimates, ensuring that the department's financial allocations align with its operational requirements for the specified period. The geographic and jurisdictional reach of this Act is confined to the Commonwealth level, impacting the federal government's financial planning and distribution mechanisms. The Act does not explicitly outline exclusions, exemptions, or specific thresholds beyond the appropriation item listed. The legislative instrument does not extend its application beyond the specified appropriation item and agency but may be supplemented by subordinate instruments to provide further detail or context to the appropriation process. This determination is a procedural measure within the broader framework of Commonwealth financial governance, ensuring that the department has the necessary funds to fulfil its obligations as outlined in the Appropriation Act (No. 2) 2000-2001.

Key Provisions

Section 11 of the Appropriation Act (No. 2) 2000-2001 empowers the Finance Minister to make adjustments to appropriation items pending the presentation of Additional Estimates. In this case, Jim Kerwin, SES Band 2, from the Commonwealth Financial Reporting Unit in the Department of Finance and Administration, has exercised this power to increase the appropriation item for the Department of Industry, Science and Resources by $100,324. This adjustment is necessary to facilitate continued operations and expenditure until the next round of budget estimates is approved by Parliament. The Act imposes specific obligations on the parties involved in the appropriation process. For instance, Jim Kerwin, in his capacity as the authorised officer, must ensure that the adjustment made is reasonable and justified based on the current financial needs of the Department of Industry, Science and Resources. This includes verifying that the additional funds are necessary for ongoing activities and that they align with the department's objectives as outlined in the Appropriation Act. Furthermore, the department must adhere to the updated appropriation limits when planning and executing its financial activities. Breaches of the provisions set out in the Appropriation Act can result in various legal consequences. While the specific Act does not detail penalties for improper appropriation adjustments, general Australian legislation may impose sanctions for misuse of public funds. For example, under the Crimes Act 1914, any misuse of public money can lead to criminal charges, including fines and imprisonment. Additionally, the Public Governance, Performance and Accountability Act 2013 outlines civil penalties for breaches of public sector financial management, which may include fines of up to $21,000 for individuals and significantly higher amounts for corporations. These potential consequences underscore the importance of adhering to the legislative framework governing appropriation adjustments.