{"id":"F2020L00422","name":"Advance to the Finance Minister Determination (No. 5 of 2019-2020)","slug":"advance-to-the-finance-minister-determination-no-5-of-2019-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100945,"registerId":"commonwealth-F2020L00422-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Advance to the Finance Minister Determin","sectionType":"section","heading":"Advance to the Finance Minister Determination (No. 5 of 2019‑2020)","content":"###### Advance to the Finance Minister Determination (No. 5 of 2019‑2020)\n\nI, Mathias Hubert Paul Cormann, Minister for Finance, being satisfied of the matters set out in subsection 12(1) of Appropriation Act (No. 2) 2019‑2020 (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 item described in Column 1 of the Table, for the Entity listed in Column 2 of the Table, were increased by the amount 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    | Administered assets and liabilities item | Department of Health | $380,000,000 |\n\nDated: 9 April 2020\n\nMATHIAS HUBERT PAUL CORMANN\n\nMinister for Finance","sortOrder":0},{"sectionNumber":"Column 3","sectionType":"section","heading":"Column 3","content":"###### Column 3","sortOrder":1}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument changes the scope of authorised appropriations in Schedule 2 of the Appropriation Act (No. 2) 2019–2020 by increasing the specified appropriation item for the Department of Health by $380,000,000. In other words, it expands the amount authorised to be drawn under that particular item (Table, Column 1–3; Schedule 2)."},"complexity_factors":["Single, narrow amendment: only one appropriation line is increased (Department of Health, administered assets and liabilities item). (Table)","Relies on ministerial statutory satisfaction: operation depends on the Minister being \"satisfied of the matters\" in subsection 12(1), which requires reference to the parent Act to know the factual trigger. (Subsection 12(1))","Cross-reference to existing appropriation schedule: the instrument operates by treating Schedule 2 as amended, so readers must consult the Appropriation Act (No. 2) 2019–2020 to see the full context. (Schedule 2)","Financial magnitude: a materially large dollar amount ($380,000,000) increases fiscal significance, even though the legal change is mechanically simple. (Table, Column 3)","Limited explanatory material: the determination records authority and result but contains no factual or policy explanation for the increase, requiring external material to understand purpose."],"plain_english_summary":"What this instrument does\n\n- The Minister for Finance, Mathias Cormann, made a formal determination dated 9 April 2020 that changes the appropriation schedule in the Appropriation Act (No. 2) 2019–2020. (The determination is made under subsection 12(2) after the Minister said he was satisfied of the matters in subsection 12(1).)\n- Mechanically, the determination treats Schedule 2 of that Appropriation Act as if it had been amended to increase a single appropriation item. The Table in the determination shows that the appropriation item described as the “Administered assets and liabilities item” for the Department of Health is increased by $380,000,000 (see Table, Column 3).\n\nWho it affects and who decides\n\n- The immediate recipient is the Department of Health: the specific appropriation line for its administered assets and liabilities is increased. (Table, Column 2 and Column 3.)\n- The decision-maker is the Minister for Finance, acting under the powers and conditions in subsection 12(2) of the Appropriation Act (No. 2) 2019–2020 after being satisfied of the matters in subsection 12(1). The instrument records that satisfaction. (Subsections 12(1) and 12(2).)\n- Funding comes from the appropriation mechanisms established by the Appropriation Act (No. 2) 2019–2020; this instrument changes how those appropriation totals are recorded in Schedule 2. (Schedule 2 as amended by the determination.)\n\nWhy it matters (mechanically, not politically)\n\n- It increases the authorised appropriation for a named line item by a fixed dollar amount, which permits the Department of Health to draw on a larger amount under that appropriation item.\n- The instrument does not itself explain the policy reasons for the increase; it records only the statutory basis for making the change (the Minister’s satisfaction under subsection 12(1) and the power in subsection 12(2)).\n\nCosts, incentives, discretion and implementation\n\n- Who pays: the increase is reflected against the appropriation framework created by the Act; in practical terms the change affects available Commonwealth appropriations under Schedule 2. (Schedule 2; Table, Column 3.)\n- Who decides and discretion: the instrument depends on the Minister’s subjective statutory satisfaction (referenced in subsection 12(1)) as the triggering condition. That gives the Minister discretion to make this kind of amendment once satisfied of the statutory matters. (Subsections 12(1) and 12(2).)\n- Compliance and administrative burden: operationally this is a bookkeeping/appropriations change. Departments and the Finance portfolio will need to record and administer the increased amount against the specified item. No new regulatory obligations or compliance regimes for private parties are created by this instrument as written. (Table.)\n- Incentives and opportunity costs: the immediate benefit is concentrated — it increases the Department of Health’s authorised funds for the specified item by $380,000,000. The cost is borne within the appropriation envelope governed by the Act; making the increase uses part of the Commonwealth’s fiscal capacity that could otherwise be used for other appropriations. The instrument does not set out offsets or sources elsewhere within the Act. (Table; Schedule 2.)\n- Effects on private enterprise and markets: the instrument changes a public appropriation line only. No direct changes to regulation, competition, prices, ownership, or contract law appear in the text of this determination. Any downstream effects on private parties would depend on how the Department of Health spends the increased appropriation (not specified here). (Table.)\n\nImplementation risk and transparency\n\n- The legal mechanism is simple: amend Schedule 2 as if the higher figure were included. Implementation risk is mainly administrative (updating financial records and authorisations). The determination relies on the Minister’s recorded satisfaction under the Act; the text does not include the factual basis for that satisfaction. (Subsections 12(1) and 12(2).)\n\nKey citation points from the instrument\n\n- Authority and trigger: subsection 12(1) (satisfaction) and subsection 12(2) (making the determination) of Appropriation Act (No. 2) 2019–2020. \n- Change made: Schedule 2 effect as if amended; Table shows Administered assets and liabilities item for Department of Health increased by $380,000,000 (Table, Column 1–3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, routine use of the Advance to the Finance Minister mechanism exactly as intended. The legislation (Appropriation Act) was designed specifically to allow these determinations for urgent and unforeseen expenditure. There is no scope creep — this is precisely what the framework was built for."},"complexity_factors":["Extremely short document (under 300 words)","Only 1 substantive operative provision (the table amendment)","No defined terms beyond standard legislative references","Single cross-reference to Appropriation Act (No. 2) 2019-2020, sections 12(1) and 12(2)","No conditional logic or exceptions — just a straightforward arithmetic adjustment","Tabular format makes the legal effect immediately transparent"],"plain_english_summary":"This is a **budget top-up** for the Department of Health during the 2019-2020 financial year.\n\n**What it does:**\nThe Finance Minister (Mathias Cormann) has used his special powers under the Appropriation Act to add **$380 million** to the Department of Health's budget. This money is specifically for \"administered assets and liabilities\" — essentially funds to acquire assets, pay liabilities, or make investments that the Department manages on behalf of the government.\n\n**Why this mechanism exists:**\nNormally, Parliament approves all government spending in advance through the Budget. But sometimes urgent or unforeseen expenses arise between budgets. The \"Advance to the Finance Minister\" (AFM) is a limited emergency fund that lets the Finance Minister allocate extra money without waiting for Parliament to pass new laws. It's a safety valve for urgent needs.\n\n**Why it matters:**\nThis particular determination was made on **9 April 2020** — right in the early weeks of the COVID-19 pandemic in Australia. The $380 million injection was almost certainly for urgent pandemic-related health spending (though the document itself doesn't specify the exact purpose). This shows how the government can quickly move large sums of money during emergencies using pre-existing legal mechanisms.\n\n**Key point:** This doesn't create new policy — it just moves money that's already been set aside in the AFM reserve into the Department of Health's specific budget line."}},"importantCases":[],"_links":{"self":"/api/acts/advance-to-the-finance-minister-determination-no-5-of-2019-2020","history":"/api/acts/advance-to-the-finance-minister-determination-no-5-of-2019-2020/history","analysis":"/api/acts/advance-to-the-finance-minister-determination-no-5-of-2019-2020/analysis","conflicts":"/api/acts/advance-to-the-finance-minister-determination-no-5-of-2019-2020/conflicts","importantCases":"/api/acts/advance-to-the-finance-minister-determination-no-5-of-2019-2020/important-cases","documents":"/api/acts/advance-to-the-finance-minister-determination-no-5-of-2019-2020/documents"}}