Commonwealth Numbered Acts Commonwealth Numbered Acts(1) This section applies if the Finance Minister is satisfied that:
(a) there is an urgent need for expenditure, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 1; and
(b) the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 1:
(i) because of an erroneous omission or understatement; or
(ii) because the additional 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 additional expenditure as the Finance Minister determines.
(3) The total of the amounts determined:
(a) under this section; and
(b) under section 11 of the Appropriation Act (No. 1) 2007‑2008 ; and
(c) under section 11 of the Appropriation Act (No. 3) 2007‑2008 ;
cannot be more than $175 million.
(4) However, if:
(a) an amount determined by the Finance Minister under section 11 of the Appropriation Act (No. 1) 2007‑2008 is recovered from an amount set out in:
(i) Schedule 1 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008 ; or
(ii) Schedule 1 to the Appropriation Act (No. 3) 2007‑2008 ; or
(iii) Schedule 1 to this Act; or
(b) an amount determined by the Finance Minister under section 11 of the Appropriation Act (No. 3) 2007‑2008 is recovered from an amount set out in:
(i) Schedule 1 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008 ; or
(ii) Schedule 1 to this Act;
the determined amount is to be disregarded for the purposes of subsection (3).
(5) A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.