10Advance to the Finance Minister

10  Advance to the Finance Minister

 (1) This section applies 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:

 (a) because of an erroneous omission or understatement; or

 (b) because the expenditure was unforeseen until after the last day on which it was practicable to provide for it in the Bill for this Act before that Bill was introduced into the House of Representatives.

 (2) This Act has effect as if Schedule 1 were amended, in accordance with a determination of the Finance Minister, to make provision for so much (if any) of the expenditure as the Finance Minister determines.

 (3) The total of the amounts determined under subsection (2) of this section and subsection 10(2) of the Appropriation Act (No. 1) 2016‑2017 cannot be more than $295 million.

 (4) Subsection (3) of this section prevails over subsection 10(3) of the Appropriation Act (No. 1) 2016‑2017.

 (5) A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the determination.