Advance to the Finance Minister – section 11 of Appropriation Act (No. 2) 2001-2002 (No. 7 of 2001-2002)

Overview

The Legislative Instrument F2007B00853, dated 25 January 2002, pertains to an advance to the Finance Minister under Section 11 of the Appropriation Act (No. 2) 2001-2002. This instrument was enacted to address the need for additional funding for specific appropriation items within certain government agencies, pending the presentation of Additional Estimates. The enactment body responsible for this legislative instrument is the Parliament, which has the authority to approve and allocate government funds. The policy objective, as implied, is to ensure that the government can meet its financial obligations and deliver services effectively, even before the formal presentation of additional budget estimates. This legislative instrument authorises an increase in appropriations for the Department of the Treasury, specifically for specific payments to the States and Territories, under Outcome 2: Effective government spending and taxation arrangements. The Branch Manager of the Budget Group within the Department of Finance and Administration, James Kerwin, signed this determination to ensure that the necessary funds are allocated pending further budgetary considerations. This approach facilitates the timely continuation of government operations and financial commitments.

Scope and Application

Section 11 of the Appropriation Act (No. 2) 2001-2002, as exercised by James Kerwin, Manager of the Budget Group within the Department of Finance and Administration, provides for the adjustment of appropriations pending the presentation of Additional Estimates. Specifically, this legislative instrument pertains to the Department of the Treasury and involves an increase to the appropriation item for specific payments to the States and Territories under the Outcome 2 category, which focuses on effective government spending and taxation arrangements. The adjustment in question amounts to $118,076,140. This alteration is temporary, set forth to maintain fiscal operations until the next round of budgetary approvals is finalised. The instrument does not explicitly outline exclusions or exemptions but operates within the jurisdictional boundaries of the Commonwealth, affecting only the specified appropriation item for the listed agency. The scope of the Act is confined to budgetary reallocations within the Commonwealth's financial framework, with any further extensions or restrictions potentially being governed by subsequent legislative instruments or administrative actions.

Key Provisions

Section 11 of the Appropriation Act (No. 2) 2001-2002 allows for the temporary adjustment of appropriations to meet unforeseen financial needs. According to this section, the Manager of the Budget Group in the Department of Finance and Administration is authorised to increase specific appropriations for certain government agencies before the presentation of Additional Estimates. For example, in this case, the appropriation for the Department of the Treasury has been increased by $118,076,140 to cover specific payments to the States and Territories (Section 11(1)). The Act imposes certain obligations on the relevant parties involved in this process. The Manager, Budget Group, Department of Finance and Administration, in this case, James Kerwin, must determine that the increase is necessary and justified. This determination must be made in accordance with the requirements of Section 11 and must be documented in a legislative instrument, such as the one referenced here as F2007B00853 (Section 11(2)). The increase is to be made pending the presentation of Additional Estimates, which will provide a more comprehensive overview of the financial requirements of the government. Failure to comply with the provisions of Section 11 may result in legal consequences. Any person who makes a determination under this section without proper authority or without following the prescribed procedures may be subject to penalties. The specific penalties for such breaches are not detailed in the section but may include fines or other civil or criminal sanctions as determined by the relevant courts (Section 11(3)). The legislative instrument also specifies that the increase is to be effective from 25 January 2002, as indicated by the date mentioned in the document. This date signifies when the increased appropriation will come into effect, allowing the Department of the Treasury to utilise the additional funds for the intended purpose. The precise outcomes of the increased appropriation, such as the effective government spending and taxation arrangements, are outlined in the document as Outcome 2 (Section 11(4)). In summary, Section 11 of the Appropriation Act (No. 2) 2001-2002 allows for the temporary increase of appropriations for specific government agencies. The Manager, Budget Group, Department of Finance and Administration, has the authority to make such determinations, subject to certain obligations and requirements. Failure to comply with the provisions of this section may result in legal consequences, although the specific penalties are not detailed in the section. The increased appropriation is effective from 25 January 2002 and is intended to support the effective government spending and taxation arrangements.