Advance to the Finance Minister – section 11 of Appropriation Act (No. 2) 2001-2002 (No. 16 of 2001-2002)

Overview

The legislative instrument F2007B00878, issued under Section 11 of the Appropriation Act (No. 2) 2001-2002, pertains to an advance to the Finance Minister, which serves to address the need for timely financial adjustments in government spending. Enacted by the Parliament of Australia in 2001, this Act was introduced to ensure that the government could respond swiftly and efficiently to budgetary changes, thereby facilitating the smooth operation of government services and the fulfilment of fiscal commitments. The policy objective is to provide the necessary financial flexibility for the Department of the Treasury to manage appropriations effectively. This legislative instrument, signed by Jim Kerwin, Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration, details an increase in appropriation for specific payments to the states and territories, reflecting the government’s commitment to maintaining effective government spending and taxation arrangements.

Scope and Application

The legislative instrument F2007B00878, under Section 11 of the Appropriation Act (No. 2) 2001-2002, pertains specifically to the allocation of appropriations within the Commonwealth government. This Act applies to the appropriation item listed for the Department of the Treasury, effectively increasing its budget by $52,459,532 for the financial year in question. The jurisdictional reach of this Act is confined to the Commonwealth level, impacting federal budget allocations and ensuring that specified payments to states and territories are accounted for within the government's overall fiscal framework. The instrument does not explicitly outline exclusions or exemptions, but its application is limited to the appropriation item specified, which pertains to effective government spending and taxation arrangements. The Act does not extend its application beyond the outlined appropriation, and any further adjustments or extensions would require additional legislative instruments.

Key Provisions

The key operative sections of the legislative instrument F2007B00878 pertain to the adjustment of appropriations within the Appropriation Act (No. 2) 2001-2002. Specifically, Section 11 of this Act empowers the Branch Manager of the Commonwealth Financial Reporting Unit, Budget Group, Department of Finance and Administration to increase appropriation items for specified agencies. This action is undertaken by determining the appropriation item, the relevant agency, and the amount by which the appropriation should be increased, as listed in the document (Section 11). In terms of obligations and requirements, the Act imposes on the Branch Manager the duty to ensure that the adjustments are made accurately and in accordance with the legislative framework provided. This includes verifying that the appropriation items listed in Column 1 are correctly matched with the agencies in Column 2 and that the amounts specified in Column 3 are appropriately justified and authorised. The determination must be made in good faith and with due regard to the financial implications and legal requirements of the appropriations process. Further, the legislative instrument does not explicitly outline specific offences or penalties for breaches within the text. However, it is implicit that any unauthorised or improper adjustments could lead to significant financial mismanagement or breaches of the appropriations process. Such actions could result in civil or criminal consequences, including potential penalties for misconduct or mismanagement of public funds. While the maximum penalties are not detailed within this specific legislative instrument, they would be guided by broader public sector legislation and regulations that govern financial administration and accountability. In summary, the legislation provides a mechanism for authorised adjustments to appropriation items, sets out clear obligations for the Branch Manager to ensure these adjustments are accurate and lawful, and implies that any non-compliance could lead to serious civil or criminal repercussions, although specific penalties are not detailed within this document.