Advance to the Finance Minister – section 12 of Appropriation Act (No. 2) 2002-2003 (No. 4 of 2002-2003)

Overview

The Appropriation Act (No. 2) 2002-2003, enacted by the Parliament of Australia, serves to allocate funds for government spending during the financial year 2002-2003. The legislative instrument, F2007B00890, issued by Kathryn Campbell, Manager of the Social Welfare Division in the Department of Finance and Administration, focuses on increasing specific appropriations for the Department of the Treasury. This adjustment is made under Section 12 of the Appropriation Act (No. 2) 2002-2003 to address a financial shortfall or unexpected expenditure requirement, ensuring that the government can meet its obligations effectively. The policy objective is to provide the necessary funds for the Department of the Treasury to carry out its functions, thereby supporting effective government spending and taxation arrangements. This legislative instrument is instrumental in enabling the government to respond to unforeseen financial needs, ensuring that critical services and economic activities can continue without disruption. By increasing the appropriation for the Department of the Treasury, the government aims to maintain fiscal stability and meet its policy commitments. The increase of $1,130,768 under the Specific Payments to the States and Territories – Outcome 2 category is pending the presentation of Additional Estimates, allowing for a more precise allocation of funds once further budgetary details are available.

Scope and Application

The legislative instrument F2007B00890, pertaining to the appropriation of funds under the Appropriation Act (No. 2) 2002-2003, applies specifically to the Department of the Treasury within the Commonwealth of Australia. This instrument, executed by Kathryn Campbell, Manager of the Social Welfare Division at the Department of Finance and Administration, authorises an increase in the appropriation for the specified item listed in Column 1, for the agency in Column 2, by the amount detailed in Column 3. This increase is a temporary measure pending the submission of Additional Estimates. The geographic reach of this legislation is confined to the Commonwealth level, impacting the allocation of federal funds. The Act does not specify any exclusions or exemptions within the text provided, nor does it mention any thresholds that would limit its application. The Act’s application may be further extended or restricted by subordinate instruments, although the specific details of such extensions or restrictions are not outlined in this excerpt.

Key Provisions

The primary operative sections of this legislative instrument pertain to Section 12 of the Appropriation Act (No. 2) 2002-2003, which authorises the manager of the Social Welfare Division in the Department of Finance and Administration to increase appropriations pending the presentation of Additional Estimates. Specifically, Section 12 enables the determination of an increase in appropriation items for certain agencies as outlined in Columns 1, 2, and 3 of the legislative instrument. For example, the appropriation item for the Department of the Treasury is increased by $1,130,768, while the appropriation for Specific Payments to the States and Territories under Outcome 2 is increased by an unspecified amount. This determination is effective until Additional Estimates are presented, as indicated in the date provided (31 January 2003). In terms of obligations and requirements, the legislation places a responsibility on the Manager, Social Welfare Division, to ensure that the appropriations are increased as determined. This involves accurately identifying the appropriation items in need of adjustment, determining the necessary amounts, and ensuring that the adjustments are communicated and implemented in accordance with the legislative framework. The Manager must also ensure that these adjustments are documented and justified, pending the approval of Additional Estimates by the relevant parliamentary committees. Breaching the requirements set out in this legislation could lead to various civil or administrative consequences. While specific offences and penalties are not detailed within the text of this instrument, breaches of appropriation laws typically result in the need to seek parliamentary approval for any unplanned expenditures, potentially leading to financial oversight scrutiny. Additionally, any mismanagement or failure to comply with the requirements could result in administrative penalties or legal challenges, depending on the nature and extent of the non-compliance. The maximum penalties for such breaches would be determined by the relevant legislative provisions governing financial management and appropriation laws in Australia.