12   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 2:

                     (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 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) of this section and subsection 12(2) of the Appropriation Act (No. 2) 2022-2023 (including the amounts mentioned in subsection (4) of this section) cannot be more than $3,600 million.

             (4)  The total of the amounts determined under subsection (2) of this section and subsection 12(2) of the Appropriation Act (No. 2) 2022-2023 in relation to expenditure that is not for the purposes of responding to circumstances relating to the coronavirus known as COVID-19 cannot be more than $600 million.

             (5)  Subsections (3) and (4) of this section prevail over subsections 12(3) and (4) of the Appropriation Act (No. 2) 2022-2023 .

             (6)  A determination made under subsection (2) of this section 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.