{"id":"F2021L01581","name":"Advance to the Finance Minister Determination (No. 1 of 2021-2022)","slug":"advance-to-the-finance-minister-determination-no-1-of-2021-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102154,"registerId":"commonwealth-F2021L01581-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Advance to the Finance Minister Determin","sectionType":"section","heading":"Advance to the Finance Minister Determination (No. 1 of 2021-2022)","content":"###### Advance to the Finance Minister Determination (No. 1 of 2021\\-2022)\n\nI, Simon Birmingham, Minister for Finance, being satisfied of the matters set out in subsection 12(1) of Appropriation Act (No. 2) 2021-2022 (the Act), make the following determination under subsection 12(2) of the Act:\n\nThat the Act have effect as if Schedule 2 of the Act were amended so that the items described in Column 1 of the Table, for the Entity listed in Column 2 of the Table, were increased by the amounts listed in Column 3 of the Table.\n\nTable\n\n|      | Column 1                                         | Column 2              | Column 3     |\n| ---- | ------------------------------------------------ | --------------------- | ------------ |\n| Item | Appropriation Item                               | Entity                | Amount       |\n| 1    | Departmental item, Equity Injections - Outcome 2 | Department of Finance | $218,000,000 |\n\nThis determination commences immediately after it is registered.\n\n19 November 2021\n\nSIMON BIRMINGHAM\n\nMinister for Finance","sortOrder":0},{"sectionNumber":"Column 3","sectionType":"section","heading":"Column 3","content":"###### Column 3","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"This determination changes the financial scope of the Appropriation Act (No. 2) 2021–2022 by increasing a specific Schedule 2 appropriation item by $218,000,000 for the Department of Finance (Table). It does not expand the Act’s objects or add new beneficiaries beyond the named departmental item; it only increases the authorised funding for that item and takes effect on registration."},"complexity_factors":["Single, discrete amendment: only one appropriation item increased (Departmental item, Equity Injections - Outcome 2) by $218,000,000 (Table, Column 1–3).","Delegated-authority mechanism: relies on Ministerial satisfaction of subsection 12(1) and exercise of subsection 12(2) of the Appropriation Act (text opening paragraph).","Deeming amendment form: instrument makes the Act operate 'as if' Schedule 2 were amended rather than directly changing the Act's text (first paragraph).","Immediate commencement on registration reduces implementation lag (final line: 'commences immediately after it is registered').","Narrow subject-matter: affects only the Department of Finance and a single appropriation item, limiting cross-agency compliance complexity.","Fiscal effect concentrated but unspecified: monetary increase is explicit, but no accompanying directions or conditions are attached in the instrument, leaving implementation details to existing frameworks."],"plain_english_summary":"This determination, made by the Minister for Finance under subsection 12(2) of the Appropriation Act (No. 2) 2021–2022, treats that Act as if Schedule 2 were amended to increase one appropriation by $218,000,000: a departmental ‘Equity Injections – Outcome 2’ for the Department of Finance. It takes effect on registration and operates by the Minister recording satisfaction of the conditions in subsection 12(1). The instrument reallocates public appropriation authority to that specific equity injection item."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the function intended by the Advance to the Finance Minister mechanism in the Appropriation Act. It is a narrow, specific allocation of funds to a single entity for a defined purpose, consistent with the original legislative intent of providing urgent, limited financial flexibility between parliamentary sittings."},"complexity_factors":["Very short document (under 300 words)","Only 1 defined term referenced (the Act)","Single operative provision with straightforward tabular amendment","No nested conditions or exceptions","Minimal cross-referencing (only subsections 12(1) and 12(2) of the parent Act)","Clear, direct administrative language"],"plain_english_summary":"**What this does:**\n\nThis is a spending approval document. The Finance Minister (Simon Birmingham) is using his legal powers to add **$218 million** to the Department of Finance's budget.\n\n**Specifically:**\n- The money is for \"Equity Injections\" under \"Outcome 2\" — essentially, the government is putting more capital (ownership stake) into a government entity or program\n- The Department of Finance itself receives this funding\n\n**Why this mechanism exists:**\n\nUnder the *Appropriation Act (No. 2) 2021-2022*, the Finance Minister has special \"advance\" powers. This lets him increase spending without waiting for Parliament to pass a new law, provided he's satisfied that:\n- The spending is urgent and unforeseen, OR\n- It's not practicable to wait for the next appropriation bill\n\n**Who it affects:**\n- **Directly:** The Department of Finance gets more money to work with\n- **Indirectly:** Australian taxpayers, as this increases government expenditure\n\n**Why it matters:**\nThis is part of the government's financial management toolkit. It allows flexibility when unexpected needs arise between major budget bills. However, because it bypasses normal parliamentary approval processes, it's typically used for genuinely urgent situations and is usually reported to Parliament after the fact."}},"importantCases":[],"_links":{"self":"/api/acts/advance-to-the-finance-minister-determination-no-1-of-2021-2022","history":"/api/acts/advance-to-the-finance-minister-determination-no-1-of-2021-2022/history","analysis":"/api/acts/advance-to-the-finance-minister-determination-no-1-of-2021-2022/analysis","conflicts":"/api/acts/advance-to-the-finance-minister-determination-no-1-of-2021-2022/conflicts","importantCases":"/api/acts/advance-to-the-finance-minister-determination-no-1-of-2021-2022/important-cases","documents":"/api/acts/advance-to-the-finance-minister-determination-no-1-of-2021-2022/documents"}}