Advance to the Finance Minister - section 12 of Appropriation Act (No. 2) 2003-2004 (No. 1 of 2003-2004)

Overview

The Legislative Instrument F2007B00924, enacted in 2003, serves to address the need for financial adjustments within specific government appropriations as outlined in the Appropriation Act (No. 2) 2003-2004. This instrument empowers the Finance Minister to reallocate funds to meet emergent budgetary requirements or to adjust funding levels in response to changing operational needs. It was introduced by the Australian Parliament to ensure that financial resources can be effectively managed and redistributed to support the efficient functioning of government agencies. The policy objective is to facilitate flexibility in budget management, allowing for timely and necessary adjustments to appropriations without the need for extensive legislative amendments. This legislative instrument thus ensures that government operations can remain agile and responsive to shifting priorities and financial constraints.

Scope and Application

The Appropriation Act (No. 2) 2003-2004, specifically Section 12, pertains to the reallocation of appropriation items within the Commonwealth of Australia. This legislative instrument authorises the Finance Minister to adjust budgetary allocations for particular agencies as necessary. In this instance, Jim Kerwin, Division Manager of the Financial Management Group within the Department of Finance and Administration, has exercised the authority granted under Section 12 to increase the appropriation item for the Wheat Export Authority by $381,930. This amendment reflects a reallocation of funds to support the Wheat Export Authority's operations for the financial year 2003-2004. The application of this legislation is confined to the Commonwealth level, impacting federal entities such as the Wheat Export Authority. The Act does not specify any exclusions, exemptions, or thresholds beyond the scope of the appropriation item adjustments. The authority to modify appropriations can be further delineated or restricted through subordinate instruments issued under the overarching Appropriation Act.

Key Provisions

Section 12 of the Appropriation Act (No. 2) 2003-2004 provides the framework for adjusting the appropriations allocated to various government agencies. Specifically, Section 12 authorises the Finance Minister to make changes to the appropriation amounts listed in the appropriation acts. In this legislative instrument, the determination made under Section 12 increases the appropriation for the Wheat Export Authority by $381,930 for the financial year 2003-2004. This adjustment allows the Wheat Export Authority to have additional funds available for its operations during that financial year. The obligations imposed on the parties governed by this legislation are primarily administrative in nature. The Finance Minister, through the Division Manager of the Financial Management Group at the Department of Finance and Administration, must ensure that any changes to appropriations are documented and communicated effectively to the relevant agencies. The Wheat Export Authority must also acknowledge receipt of the increased appropriation and account for the additional funds in their financial planning and reporting processes. This ensures transparency and accountability in the allocation and use of public funds. Breaching the provisions of this legislation could have various civil and criminal consequences. If an agency fails to adhere to the appropriation adjustments as determined by the Finance Minister, it could be in violation of the Appropriation Acts. Such violations might result in financial penalties or other administrative sanctions. While the specific penalties are not detailed in this legislative instrument, breaches of appropriation laws can generally lead to fines, corrective actions, or even criminal charges in severe cases. The maximum penalties would depend on the nature and severity of the breach, as outlined in other relevant legislation.