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

Overview

The Legislative Instrument F2007B00925, dated 28 November 2003, pertains to an advance to the Finance Minister as authorised by Section 12 of the Appropriation Act (No. 2) 2003-2004. This Act was enacted to facilitate financial administration by allowing for the adjustment of appropriations for certain agencies as necessary. The purpose of this particular legislative instrument is to increase the appropriation item for the National Capital Authority by $590,284, thereby addressing a specific funding need identified by the authority. This adjustment was made by Jim Kerwin, Division Manager, Financial Management Group, Department of Finance and Administration, in accordance with the powers conferred by the relevant appropriation act. The policy objective is to ensure that the National Capital Authority has adequate funding to carry out its administrative responsibilities effectively.

Scope and Application

The Appropriation Act (No. 2) 2003-2004, under Section 12, facilitates the adjustment of appropriations allocated to specified agencies, enabling the allocation of additional funds to meet unforeseen or additional financial requirements. This legislative instrument applies to the appropriation item listed for the National Capital Authority, thereby directly affecting its budget for the specified financial year. The authority to make such an adjustment rests with the Division Manager of the Financial Management Group within the Department of Finance and Administration, who is empowered to increase the appropriation for administered assets and liabilities by the amount specified. This adjustment is specifically tailored to address the needs of the National Capital Authority, thereby impacting its operational and financial capacity for that fiscal period. There are no exclusions or exemptions mentioned within the scope of this particular legislative instrument, and the jurisdictional reach of this adjustment is confined to the appropriation outlined for the National Capital Authority within the Commonwealth framework.

Key Provisions

Section 12 of the Appropriation Act (No. 2) 2003-2004 provides the authority for the Finance Minister to adjust appropriations made by Parliament. Specifically, this legislative instrument (F2007B00925) details an increase to the appropriation item for the National Capital Authority under the Act. As per the table included in the document, the appropriation item for Administered Assets and Liabilities for the National Capital Authority is increased by $590,284. Under this legislation, the obligations primarily rest with the Finance Minister, as they are the individual with the authority to adjust the appropriations. The Division Manager, Financial Management Group, Department of Finance and Administration, in this case, Jim Kerwin, has made the determination for the increase and is tasked with ensuring that the amendment is correctly documented and authorised in accordance with the Act. The National Capital Authority, as the beneficiary of the appropriation increase, must ensure they utilise the additional funds within the scope of their authorised activities and in compliance with any other applicable legislation or regulations. In terms of potential breaches and consequences, while the document itself does not explicitly outline specific offences or penalties for non-compliance, breaches of the Appropriation Act (No. 2) 2003-2004 could result in legal action under the general provisions of the Act. This might include penalties for mismanagement of funds or failure to comply with appropriation directives. In more severe cases, officials may face criminal charges, such as fraud or misuse of public funds, which carry significant penalties under Australian law. The specific penalties would depend on the nature and severity of the breach, but they could include substantial fines and imprisonment.