Advance to the Finance Minister – section 12 of Appropriation Act (No. 2) 2003-2004 (No. 3 of 2003-2004)

Overview

The legislative instrument F2007B00926 pertains to an advance to the Finance Minister, made under Section 12 of the Appropriation Act (No. 2) 2003-2004. This legislative instrument was enacted to address the need for additional funding within specific appropriation items to ensure the delivery of essential services as outlined in the Act. The problem or gap it was introduced to address is the requirement for increased funding within the Department of Health and Ageing to facilitate access through Medicare to cost-effective medical services, medicines, and acute health care for all Australians. The enacting body is the Parliament of Australia, and the policy objective is to ensure that the necessary financial resources are allocated to meet the health care needs of the population, as stipulated in the appropriation act.

Scope and Application

The Appropriation Act (No. 2) 2003-2004 serves to allocate funds to various government agencies, ensuring that financial resources are directed towards specific purposes as determined by legislative mandate. Section 12 of this Act empowers the Acting Division Manager, Financial Management Group, Department of Finance and Administration, to increase appropriation items for certain agencies. This particular legislative instrument pertains to a financial adjustment for the Department of Health and Ageing, specifically increasing the appropriation for Specific Purpose Payments under Outcome 2 by $2,905,000. This allocation is aimed at enhancing access to cost-effective medical services, medicines, and acute health care for all Australians, thereby supporting the overarching objectives of the Department of Health and Ageing. The application of this Act is confined to the Commonwealth level, affecting only the designated agency and appropriation item, with no stated exclusions or exemptions within the text. The geographic reach of this adjustment is national, as it pertains to the Department of Health and Ageing, which operates across Australia.

Key Provisions

Section 12 of the Appropriation Act (No. 2) 2003-2004 provides the authority for the Acting Division Manager, Financial Management Group, Department of Finance and Administration to adjust appropriation items for specified agencies. This particular legislative instrument, F2007B00926, outlines a specific instance where the appropriation for the Department of Health and Ageing under the Specific Purpose Payments – Outcome 2 category has been increased by $2,905,000. This increase is intended to support access to cost-effective medical services, medicines, and acute health care for all Australians. The Act imposes several obligations and requirements on the parties involved. Firstly, the Acting Division Manager must ensure that the appropriation adjustments are clearly documented and justified, as seen in the legislative instrument. This documentation should align with the broader objectives of the Appropriation Act, particularly in enhancing public health services. Additionally, the Department of Health and Ageing must use the additional funds for the specified purpose, ensuring accountability and transparency in their expenditure. In terms of consequences for non-compliance, while the Act itself does not explicitly state penalties for breaches, it is governed by the general provisions of the Appropriation Act and other relevant legislation. Non-compliance could potentially lead to legal action, financial penalties, or both. The maximum penalties for breaches of appropriation acts typically include substantial fines or imprisonment, reflecting the seriousness of misappropriating public funds. The specifics of penalties would depend on the nature of the breach and the applicable laws at the time of the offence. In summary, Section 12 of the Appropriation Act (No. 2) 2003-2004 provides a mechanism for adjusting appropriations to meet public health needs. It imposes clear requirements for documentation and use of funds on the agencies involved. Failure to comply with these provisions could lead to severe civil and criminal penalties, underscoring the importance of adhering to the legislative directives.