Appropriation Act 1938-39

Overview

The Appropriation Act 1938-39, enacted in 1938, was established to facilitate the allocation of funds for the Commonwealth Government's expenditures for the fiscal year ending 30 June 1939. This Act was assented to on 1 December 1938, and it authorises the issuance and application of funds from the Consolidated Revenue Fund for various government services and departments. The Act sets out the appropriations for the year in question, detailing the amounts granted and the specific purposes to which these funds are to be applied. The Act was enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, with the overarching aim of ensuring that the financial resources of the Commonwealth are appropriately allocated for the year's operational needs.

Scope and Application

The Appropriation Act 1938-39 is a Commonwealth statute that outlines the appropriation and application of funds granted by the Parliament of Australia for the financial year ending 30 June 1939. This Act applies to the Consolidated Revenue Fund, and it authorises the Treasurer to issue funds from this fund for the supply granted to His Majesty for the year in question. The Act includes appropriations for various government departments and services, including the Parliament, the Prime Minister’s Department, the Department of Defence, and the Department of Trade and Customs, as well as business undertakings such as the Commonwealth Railways and the Postmaster-General’s Department, and territories of the Commonwealth such as the Northern Territory, Australian Capital Territory, Papua, New Guinea, and Norfolk Island. The Act extends its reach to the entire Commonwealth of Australia and its territories, and it does not specify any exclusions, exemptions, or thresholds. While the Act itself outlines the appropriation of funds, it may be supplemented by subordinate instruments that provide further detail on the application of these funds.

Key Provisions

The primary operative sections of the Appropriation Act 1938-39 (section 1) establish the authority to allocate and apply funds for the financial year ending 30 June 1939. Section 3 authorises the Treasurer to issue and apply up to £16,379,300 from the Consolidated Revenue Fund for this purpose. Section 4 further specifies that all sums granted under this Act and others, totalling £30,553,050, are appropriated for various government departments and services for the same financial year. The First Schedule lists the individual contributions from different Acts, while the Second Schedule details the allocation of these funds across various government departments and services, including the Parliament, the Prime Minister’s Department, and the Department of Defence, among others. The Act imposes specific obligations on the Treasurer and relevant departments to ensure that funds are issued and applied strictly in accordance with the appropriations outlined in the schedules. The Treasurer must issue the funds from the Consolidated Revenue Fund and apply them to the specified purposes, as detailed in the Second Schedule. Departments and services are required to manage their allocated funds according to the services and purposes expressed in the schedules, ensuring efficient and lawful use of public money. There are no explicit offences or penalties mentioned in the Act for breaches of appropriation. However, misapplication of funds or failure to adhere to the appropriations outlined could potentially lead to legal consequences under broader public finance management laws. These may include civil or criminal liability for misuse of public funds, subject to the applicable provisions of the Public Governance, Performance and Accountability Act 2013 and other relevant legislation. The specific penalties for such breaches would depend on the nature and extent of the misconduct and could include fines or imprisonment.