Advance to the Finance Minister – section 11 of Appropriation Act (No. 2) 2001-2002 (No. 10 of 2001-2002)

Overview

The legislative instrument F2007B00863, issued under Section 11 of the Appropriation Act (No. 2) 2001-2002, addresses the need to reallocate certain funds within the budget of the Commonwealth government for the fiscal year 2001-2002. Enacted by the Australian Parliament, this legislative instrument aims to ensure the efficient and effective distribution of government resources, particularly in supporting the Department of the Prime Minister and Cabinet. The policy objective is to facilitate sound and well-coordinated government policies, programs, and decision-making processes. The instrument, signed by Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, authorises an increase in the appropriation item for specific payments to the states and territories by $7,379,000 to support these objectives.

Scope and Application

The Appropriation Act (No. 2) 2001-2002, specifically Section 11, applies to the determination of appropriations for various government agencies, including the Department of the Prime Minister and Cabinet. This legislative instrument is a formal determination by the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, who is authorised to adjust the appropriation of funds as listed in the specified columns of the Act. The increased appropriation of $7,379,000 for the Department of the Prime Minister and Cabinet is allocated for specific payments to the States and Territories, intended to support sound and well-coordinated government policies, programmes, and decision-making processes. The Act ensures that these appropriations are correctly allocated and managed within the financial framework of the Commonwealth. The authority to make such adjustments is limited to the appropriations listed and the specified agencies, ensuring that financial oversight and accountability are maintained within the national jurisdiction.

Key Provisions

The primary operative section of this legislative instrument is Section 11 of the Appropriation Act (No. 2) 2001-2002, which allows for the adjustment of appropriations previously determined by Parliament. This section is utilised by Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, to increase specific appropriation items for various government agencies. As stated in Section 11, Jim Kerwin has determined that the appropriation item for the Department of the Prime Minister and Cabinet is to be increased by $7,379,000, under the appropriation for specific payments to the States and Territories. This increase is intended to support outcome 1, which pertains to the development of sound and well-coordinated government policies, programmes, and decision-making processes (Section 11). The Act imposes specific obligations on the entities it governs, particularly the Department of Finance and Administration. The Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, is responsible for ensuring that the adjustments to appropriations are made in accordance with the provisions of the Appropriation Act (No. 2) 2001-2002. Furthermore, the Branch Manager must provide a detailed and accurate accounting of the increased appropriations, ensuring that the additional funds are allocated towards the specified outcomes and objectives (Section 11). This includes maintaining clear and transparent records of the appropriation adjustments, which are subject to audit and review by relevant authorities (Section 11). In terms of the consequences for non-compliance with the Act, it is essential to note that there are no specific offences, penalties, or civil/criminal consequences outlined within the legislative instrument itself. However, the failure to adhere to the appropriation adjustments as determined by the Branch Manager, or the misallocation of funds, could potentially result in legal and financial repercussions for the Department of Finance and Administration, as well as the affected agencies. This could include potential legal action, financial penalties, or other consequences as determined by the relevant authorities or courts (Section 11). It is therefore crucial that all parties involved in the appropriation process adhere to the provisions of the Act to avoid any potential negative consequences.