Advance to the Finance Minister – section 12 of Appropriation Act (No. 2) 2002-2003 (No. 7 of 2002-2003)

Overview

The Appropriation Act (No. 2) 2002-2003, enacted by the Parliament of Australia, serves to allocate and authorise funds for the government's operations, addressing the need for financial planning and accountability within the fiscal year. This Act, particularly through Section 12, empowers the Finance Minister to adjust appropriations temporarily to accommodate unforeseen or additional expenses. The legislative instrument F2007B00892 is a manifestation of this authority, where Jim Kerwin, the Divisional Manager of Financial Reporting & Cash Management in the Department of Finance and Administration, exercises the power to increase a specific appropriation item for the Department of the Treasury by $1,413,460. This adjustment is made pending the submission of Additional Estimates, ensuring that the government can meet its obligations without disrupting the fiscal year's budget framework. The policy objective is to maintain the government's fiscal integrity and operational continuity by providing a mechanism for temporary financial reallocations.

Scope and Application

The legislative instrument F2007B00892 pertains to the appropriation of funds within the Australian government and is specifically concerned with the temporary adjustment of appropriations as authorised by Section 12 of the Appropriation Act (No. 2) 2002-2003. The instrument is issued by Jim Kerwin, the Divisional Manager of Financial Reporting and Cash Management within the Department of Finance and Administration. This instrument applies to the Department of the Treasury and its appropriation item for specific payments to the states and territories, as outlined in the 2002-2003 appropriation act. The specified amount of $1,413,460 is to be added to the appropriation pending the presentation of Additional Estimates. This action is geographically constrained to the Commonwealth level, as it involves federal government appropriations and financial management. There are no stated exclusions or exemptions in this instrument, and its jurisdictional reach is limited to the federal government, with no explicit extension or restriction through subordinate instruments.

Key Provisions

Section 12 of the Appropriation Act (No. 2) 2002-2003 allows the Finance Minister to determine an increase in appropriations for specific items, pending the presentation of Additional Estimates. In this instance, Section 12 empowers the Divisional Manager of Financial Reporting & Cash Management, Department of Finance and Administration, Jim Kerwin, to approve an increase in appropriation for certain items, as detailed in the legislative instrument. According to the table provided in the instrument, the appropriation item for the Department of the Treasury is to be increased by $1,413,460. This adjustment is meant to ensure that the department can meet its financial obligations for the fiscal year 2002-2003. The Act imposes certain obligations on the parties involved, including the Finance Minister and the Department of Finance and Administration. Specifically, the Act requires the Divisional Manager to determine the appropriation increases based on the information provided in the legislative instrument, ensuring that the necessary funds are allocated for government spending and taxation arrangements. The Finance Minister, on the other hand, must approve these increases to ensure that the appropriations are made within the legal framework provided by the Appropriation Act (No. 2) 2002-2003. The legislation does not explicitly state any offences, penalties, or consequences for non-compliance. However, failure to adhere to the provisions of the Act or the decisions made under its authority could potentially lead to legal challenges or disputes regarding the allocation of funds. It is essential for the parties involved to act within the bounds of the law and ensure that the appropriations are used for their intended purposes. In the event of any discrepancies or irregularities in the allocation or use of funds, appropriate legal or administrative measures may be taken to address the issue and rectify the situation.