Federal Register of Legislation - Australian Government

Primary content

No. 7 of 2011-2012 Determinations/Financial (Appropriation) as made
This instrument determines that the Administered Item for Outcome 4 for the Department of Regional Australia, Local Government, Arts and Sport in Appropriation Act (No. 1) 2011-2012 is increased by $6,200,000.00.
Administered by: Finance
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 41
Registered 10 Jul 2012
Tabling HistoryDate
Tabled HR14-Aug-2012
Tabled Senate14-Aug-2012
Date of repeal 17 Oct 2014
Repealed by Other
Repealing Comments Enabling legislation repealed by Schedule 6 of the Omnibus Repeal Day (Autumn 2014) Act 2014 .

Explanatory Statement

 

Section 13 Appropriation Act (No. 1) 2011-2012

Advance to the Finance Minister

 

 

The instrument to which this explanatory statement relates

This explanatory statement relates to an instrument (the instrument) entitled “Advance to the Finance Minister – Section 13 of Appropriation Act (No. 1) 2011-2012”, dated 28 June 2012 and numbered 7 of 2011-2012.

The legislative authority under which the instrument is made

The Advance to the Finance Minister (AFM) is a provision contained in the annual Appropriation Acts. It enables the Finance Minister to facilitate urgent and unforeseen expenditure that was not within the contemplation of Parliament when the Appropriation Act was passed and is therefore not provided for in Schedule 1 of the Appropriation Act.

The Advance to the Finance Minister is provided under section 13 of Appropriation Act (No. 1) 2011-2012. The discretionary power is exercisable upon the Finance Minister’s satisfaction of the matters specified in section 13. This section provides that amounts can be issued from the Advance to the Finance Minister, up to a limit of $295 million, if the Finance Minister is satisfied that there is an urgent need for expenditure, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 1 of that Act. The qualifying circumstances on the discretion of the Finance Minister to issue additional amounts under this provision are contained in subsections 13(1) of that Act. The application from the Department of Regional Australia, Local Government, Arts and Sport (Regional) has satisfied the Finance Minister that the additional expenditure was not provided for due to unforeseen circumstances.

Exercise of the power via the issue of a determination has effect as if Schedule 1 of Appropriation Act (No. 1) 2011-2012 were amended to make provision for the additional expenditure specified in the determination.

Purpose of the instrument

The instrument determines that the Administered Item for Outcome 4 for Regional in Appropriation Act (No. 1) 2011-12 be increased by $6,200,000.00.  The additional amount is provided to enable Regional to meet a shortfall of funding for expenditure relating to the sports and recreation.

Human Rights Impact Statement

This Instrument is exempt from disallowance under subsection 44(2) of the Legislative Instruments Act 2003. As such, a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 is not required in this Explanatory Statement.

Background

The background to the instrument is provided in the application made by Regional for funding from the Advance to the Finance Minister, reproduced below.


 

APPLICATION FOR ADVANCE TO THE FINANCE MINISTER 2011-2012

 


Agency:                                 Department of Regional Australia, Local Government, Arts and Sport

Appropriation:                   Appropriation Act (No. 1) 2011-2012

Description:                        Administered item

Outcome:                             Outcome 4: Improved opportunities for community participation in sport and recreation, and excellence in high-performance athletes, including through investment in sport infrastructure and events, research and international cooperation.

Source of Available Appropriations

2011-2012

 

2010-2011

All other years

 

$

$

$

Appropriation Act (No. 1)

17,328,010.17

889,659.76

-

Appropriation Act (No. 3)

22,776,000.00

-

-

Appropriation Act (No. 5)

22,800,000.00

-

-

TOTAL APPROPRIATIONS AVAILABLE

$62,904,010.17

889,659.76

-

TOTAL AMOUNT SPENT

 

 

 

Appropriation Act (No. 1)

17,328,010.17

-

-

Appropriation Act (No. 3)

19,149,100.78

-

-

Appropriation Act (No. 5)

-

-

-

TOTAL UNSPENT APPROPRIATIONS

$26,426,899.22

889,659.76

Nil

Appropriation Required:               $33,516,558.98

Appropriations Available:             $27,316,558.98

Amount required from AFM:    $6,200,000.00

AFM Category:

Unforeseen – “Appropriation Act (No. 1) 2011-2012, Part 3, section 13 (1)(b)”

Explanation of requirements from AFM:

The following items were announced after 8 May 2012 and funding will not be received in Appropriation Act (No. 5) 2011-12:

Wellesley Park Upgrade, $1.2 million

Centre of Rowing Education in New Town Bay, $2.5 million

Greater Western Sydney AFL Multicultural Centre, $2.0 million

Synthetic Hockey Pitch $0.5 million

Urgent:

Based on the latest cashflow projections, funding provided in outcome 4 will be exhausted by 27 June 2012 and the above payments are due to be paid by 29 June 2012.

Unforeseen

This expenditure was unforeseen as they were announcements made after 8 May 2012 by the Government.

 


Signed By Chief Finance Officer

 

NAME:

KYM PARTINGTON

SIGNATURE:

 

DATE:

27 June 2012