Advance to the Finance Minister – section 12 of Appropriation Act (No. 2) 2002-2003 (No. 3 of 2002-2003)

Overview

The Legislative Instrument F2007B00889, issued under the authority of Section 12 of the Appropriation Act (No. 2) 2002-2003, was enacted to address a financial shortfall in appropriations for specified government agencies. The Act was passed by the Parliament of Australia and serves to provide necessary adjustments to the budget allocations for the year 2002-2003. This particular legislative instrument was introduced to ensure that the Department of the Treasury and other specified entities receive the required funding to meet their operational demands and policy objectives for the fiscal year. The policy objective is to facilitate effective government spending and taxation arrangements, ensuring that the financial needs of the government are met to deliver its services and programs efficiently.

Scope and Application

The Appropriation Act (No. 2) 2002-2003 is an Australian legislation that outlines the appropriation of funds for government spending. Pursuant to Section 12 of this Act, Phil Bowen, the General Manager of the Budget Group in the Department of Finance and Administration, has determined that the appropriation item for the Department of the Treasury be increased by $1,130,768. This appropriation item is specifically allocated for Specific Payments to the States and Territories, which falls under the Outcome 2 category of Effective government spending and taxation arrangements. The adjustment to the appropriation reflects the government's commitment to ensuring that the necessary financial resources are available to support this outcome. This legislative instrument applies to the Commonwealth level, directly impacting the Department of the Treasury and its budgetary allocations. The Act does not explicitly state any exclusions, exemptions, or thresholds, and its application is primarily confined to the specified appropriation increase without extending to other areas through subordinate instruments.

Key Provisions

Section 12 of the Appropriation Act (No. 2) 2002-2003 grants the General Manager of the Budget Group in the Department of Finance and Administration the authority to adjust appropriations for various government agencies. According to this section, the General Manager can increase the appropriation for specified items and agencies as listed in the legislative instrument (Section 12). In this case, the appropriation for the Department of the Treasury is increased by $1,130,768 and the appropriation for Specific Payments to the States and Territories – Outcome 2 is increased by an unspecified amount (Section 12(1)). The Act imposes certain obligations on the parties involved, primarily the General Manager of the Budget Group. The General Manager must ensure that the adjustments to appropriations are in line with the budgetary requirements and objectives of the government. Additionally, the General Manager must ensure that the increased appropriations are used for the intended purposes and within the limits set by the Act (Section 12(2)). There are no specific offences or penalties mentioned in the legislative instrument regarding breaches of this Act. However, any misuse or misappropriation of funds resulting from these appropriations could potentially lead to criminal charges under other relevant legislation. The severity of penalties would depend on the nature and extent of the misconduct and could result in fines or imprisonment. Furthermore, any breach of the obligations imposed by this Act could lead to civil consequences, including legal actions for damages or compensation.