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APPROPRIATION ACT (No. 2) 2005-2006 No. 73, 2005 - SECT 13

Advance to the Finance Minister
(1)
This section applies if the Finance Minister is satisfied that:

(a) there is an urgent need for expenditure in the current year; and
(b) the expenditure is not provided for, or is insufficiently provided for, in Schedule 2:
(i) because of an erroneous omission or understatement; or
(ii) 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 2 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) cannot be more than $215 million.

(4)
A determination made under subsection (2) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the determination.

(5)
After the commencement of this Act, a determination must not be made under, or for the purposes of:

(a) section 10 of the Appropriation Act (No. 2) 1999-2000 ; or
(b) section 5 of the Appropriation (East Timor) Act 1999-2000 ; or
(c) section 10 of the Appropriation Act (No. 4) 1999-2000 ; or
(d) section 11 of the Appropriation Act (No. 2) 2000-2001 ; or
(e) section 11 of the Appropriation Act (No. 4) 2000-2001 ; or
(f) section 11 of the Appropriation Act (No. 2) 2001-2002 ; or
(g) section 11 of the Appropriation Act (No. 4) 2001-2002 ; or
(h) section 12 of the Appropriation Act (No. 2) 2002-2003 ; or
(i) section 12 of the Appropriation Act (No. 4) 2002-2003 ; or
(j) section 12 of the Appropriation Act (No. 2) 2003-2004 ; or
(k) section 14 of the Appropriation Act (No. 4) 2003-2004 ; or
(l) section 13 of the Appropriation Act (No. 2) 2004-2005 ; or
(m) section 11 of the Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Act 2004-2005 ; or
(n) section 13 of the Appropriation Act (No. 4) 2004-2005 .



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