Advance to the Finance Minister - section 12 of Appropriation Act (No. 2) 2002-2003 (No. 14 of 2002-2003)

Overview

The legislative instrument F2007B00915, dated 6 June 2003, was enacted to address the need for increased funding within specific appropriation items for government agencies. This instrument amends the Appropriation Act (No. 2) 2002-2003, providing additional funds to the Department of Industry, Tourism and Resources. The objective of this legislation is to bolster a stronger, sustainable, and internationally competitive Australian industry, focusing on the manufacturing, resources, and services sectors. Enacted by the Parliament of Australia, the policy objective is to ensure that the Department of Industry, Tourism and Resources has the necessary financial resources to support its initiatives and outcomes as outlined in Outcome 1 of the appropriation act. The instrument authorises the General Manager, Financial Management Group, Department of Finance and Administration, to increase the appropriation item by a specified amount to meet these objectives.

Scope and Application

The Appropriation Act (No. 2) 2002-2003, under Section 12, authorises the General Manager of the Financial Management Group, Department of Finance and Administration, to increase appropriations for specific entities. In this instance, the appropriation item for the Department of Industry, Tourism and Resources is increased by $2,500,785. This adjustment is part of the specific payments to the states and territories aimed at fostering a stronger, more sustainable, and internationally competitive Australian industry. The legislation applies to the Commonwealth level, affecting governmental appropriations and budgetary allocations for specified departments and outcomes. There are no stated exclusions or exemptions in the text, and the appropriation increase is limited to the specified amount for the designated department. Subordinate instruments may further detail the application and allocation of these funds.

Key Provisions

Section 12 of the Appropriation Act (No. 2) 2002-2003 provides the legal basis for the General Manager of Financial Management Group in the Department of Finance and Administration to adjust appropriations for specified agencies. According to this section, the appropriation for the Department of Industry, Tourism and Resources is increased by $2,500,785 (Section 12(1)). This increase is designated for "Specific Payments to the States and Territories – Outcome 1" which aims to support a stronger, sustainable, and internationally competitive Australian industry. The adjustment is effective from the date specified in the document, 6 June 2003, and is signed by Ian McPhee as the General Manager. The Act imposes specific obligations on the entities it governs. The Department of Finance and Administration, through its General Manager, must ensure that the appropriation adjustments are correctly calculated and documented. This includes verifying the accuracy of the appropriation item, the agency involved, and the amount of the increase. Additionally, the General Manager must ensure that the adjustment is in line with the objectives of the Appropriation Act (No. 2) 2002-2003 and the specific outcomes targeted, such as enhancing the competitiveness of Australian industry. Failure to comply with the provisions of the Appropriation Act (No. 2) 2002-2003 could result in various consequences. While the Act itself does not explicitly outline offences or penalties for breaches, any mismanagement or incorrect allocation of funds could lead to legal scrutiny and potential repercussions. Inaccuracies in appropriation adjustments may be subject to audit and review by relevant authorities, such as the Australian National Audit Office. If found to be in breach of financial management regulations, the General Manager and the Department could face administrative penalties, which may include financial penalties or corrective actions to rectify the misallocation of funds.