ADVANCE TO THE FINANCE MINISTER – SECTION 12 OF APPROPRIATION ACT (No. 1) 2004-2005
I, Anne Hazell, Division Manager, Financial Management Group, Department of Finance and Administration, pursuant to Section 12 of Appropriation Act (No. 1) 2004-2005, hereby determine that the appropriation item listed in Column 1 for the agency listed in Column 2 be increased by the amount listed in Column 3.
Column 1 | Column 2 | Column 3 |
Appropriation Item | Agency | Amount |
| | $ |
| | |
Appropriation Act (No. 1) 2004-2005 | Department of Foreign Affairs and Trade | 1,000,000 |
Administered Expenses – Outcome 2 | | |
Australians informed about and provided access to consular and passport services in Australia and overseas | | |
| | |
Anne Hazell No. 2 of 2004-2005
31 December 2004
Overview
The legislative instrument F2007B00930, issued under the authority of the Appropriation Act (No. 1) 2004-2005, serves to address the need for additional funding within specified government agencies. Enacted by the Australian Parliament, this legislative instrument aims to increase the appropriation for certain items, thereby ensuring that the relevant departments can meet their operational needs. In this particular case, the Department of Foreign Affairs and Trade has had its appropriation for administered expenses related to consular and passport services in Australia and overseas increased by $1,000,000. This adjustment is intended to support the policy objective of maintaining and enhancing the accessibility and quality of consular services provided to Australian citizens abroad, thereby reflecting the government's commitment to ensuring the safety and support of its citizens overseas.
Scope and Application
The legislative instrument F2007B00930, under Section 12 of the Appropriation Act (No. 1) 2004-2005, pertains specifically to the allocation and adjustment of funds within the Commonwealth government. This instrument applies to the appropriation item listed for the Department of Foreign Affairs and Trade, increasing the allocated funds by $1,000,000 for the administered expenses related to Outcome 2: Australians being informed about and provided with consular and passport services both in Australia and overseas. This adjustment is applicable within the specified fiscal year 2004-2005, as determined by the Division Manager, Financial Management Group, Department of Finance and Administration. The legislative instrument does not specify any exclusions, exemptions, or thresholds beyond the allocation outlined, and its application is confined to the administrative adjustments within the mentioned appropriation item and agency for the given financial year. The authority to extend or restrict the application of this appropriation adjustment lies within the scope of the primary Appropriation Act (No. 1) 2004-2005, subject to subordinate instruments if necessary.
Key Provisions
Section 12 of the Appropriation Act (No. 1) 2004-2005 provides the authority for the Finance Minister to adjust the appropriation of funds allocated to a particular agency. In this case, the Division Manager, Financial Management Group, Department of Finance and Administration, has exercised this power to increase the appropriation item for the Department of Foreign Affairs and Trade by $1,000,000 for administered expenses under Outcome 2, which pertains to ensuring Australians are informed about and have access to consular and passport services both domestically and overseas. This adjustment is specifically related to the financial year 2004-2005 and is effective as of 31 December 2004.
The Act imposes several obligations on the Department of Finance and Administration, particularly on the Division Manager, Financial Management Group. It mandates that any changes to the appropriation of funds must be substantiated and justified, ensuring that the additional funds are necessary and aligned with the strategic objectives of the Department of Foreign Affairs and Trade. The Division Manager must also ensure that the adjustments are properly documented and communicated to relevant stakeholders to maintain transparency and accountability in the allocation and use of public funds.
Failure to comply with the provisions of the Appropriation Act (No. 1) 2004-2005 can result in significant consequences. Breaches of the Act may be considered acts of misconduct or mismanagement of public funds, leading to both civil and criminal liabilities. Depending on the severity of the breach, penalties may include fines, imprisonment, or both. The specific penalties are determined by the courts and can vary based on the circumstances of the case, but they are intended to deter improper use of public funds and to ensure adherence to legislative requirements.
In summary, Section 12 of the Appropriation Act (No. 1) 2004-2005 provides the legal framework for the Finance Minister to adjust appropriations, with specific requirements for documentation and justification. The Division Manager, Financial Management Group, has the responsibility to ensure that any changes are properly implemented and communicated. Non-compliance with the Act can lead to serious legal consequences, including fines and imprisonment, underscoring the importance of adhering to the legislative provisions.