Advance to the Finance Minister – section 12 of Appropriation Act (No. 2) 2002-2003 (No. 8 of 2002-2003)

Overview

The legislative instrument F2007B00894, dated 31 March 2003, pertains to the appropriation of additional funds under Section 12 of the Appropriation Act (No. 2) 2002-2003. This legislative instrument was enacted to address the need for increased funding for specific health-related programs within the Department of Health and Ageing, particularly those associated with providing access to cost-effective medical services, medicines, and acute health care for all Australians. The instrument authorises the Finance Minister to allocate an additional $214,537 to the appropriation item for "Specific payments to the States and Territories" to support these objectives. The policy objective, as outlined in the Act, is to enhance the accessibility and effectiveness of healthcare services across the nation, ensuring that Australians can receive the necessary medical treatments and support. This legislative measure was introduced by Ian McPhee, the General Manager of the Financial Management Group within the Department of Finance and Administration, under the authority granted by the Parliament of Australia. The intent behind this legislative instrument is to provide the necessary financial resources to meet the immediate healthcare needs of the population, thereby addressing a gap in funding that could potentially hinder the delivery of essential health services.

Scope and Application

The legislative instrument, F2007B00894, pertains to the adjustment of appropriation items under Section 12 of the Appropriation Act (No. 2) 2002-2003. Specifically, it authorises the General Manager of the Financial Management Group within the Department of Finance and Administration, Ian McPhee, to increase the appropriation item for the Department of Health and Ageing by $214,537, pending the submission of Additional Estimates. This adjustment is aimed at ensuring that the Department can continue to provide access to cost-effective medical services, medicines, and acute health care for all Australians as outlined in Outcome 2 of the appropriation act. The instrument applies to the Commonwealth level, specifically impacting the financial allocations for the Department of Health and Ageing. The adjustment is effective until the Additional Estimates are finalised, which is set to occur by 31 March 2003. This legislative instrument does not specify exclusions or exemptions but operates within the broader framework of the Appropriation Act (No. 2) 2002-2003.

Key Provisions

The primary operative section of this legislative instrument, Section 12 of the Appropriation Act (No. 2) 2002-2003, empowers the General Manager of the Financial Management Group within the Department of Finance and Administration to adjust appropriation items for specified agencies, pending the submission of Additional Estimates. This section allows for the temporary reallocation of funds to ensure that essential services can be maintained without waiting for the formal budget review process. In this instance, the appropriation item for "Specific payments to the States and Territories" under the Department of Health and Ageing is increased by $214,537. This adjustment aims to support the outcome of ensuring access to cost-effective medical services, medicines, and acute health care for all Australians. The Act imposes specific obligations on the parties involved. The General Manager of the Financial Management Group, Department of Finance and Administration, must ensure that the temporary reallocation of funds is justified and necessary for maintaining public services. This involves careful consideration of the immediate needs of the agencies affected, particularly in this case, the Department of Health and Ageing. The increased appropriation must align with the broader objectives of the government, such as ensuring access to essential health services, and should be used in accordance with the original purpose for which the funds were allocated. Additionally, the General Manager must document the decision-making process and provide justification for the adjustment, which will be subject to review and audit. Breaches of the provisions outlined in the Act could lead to various consequences. If the funds are not used in accordance with the stipulated objectives or if there is mismanagement of the allocated resources, this could result in both civil and criminal liabilities. For instance, misusing public funds could be considered an offence under the Public Governance, Performance and Accountability Act 2013, potentially leading to fines or imprisonment. In terms of specific penalties, while the legislative instrument itself does not detail maximum penalties, breaches of related appropriations acts can attract penalties under the Crimes Act 1914, which could include fines up to 10,000 penalty units or imprisonment for up to five years, or both, depending on the severity of the breach. It is also important for the General Manager to ensure that all actions comply with the relevant financial management regulations and standards to avoid any legal repercussions.