Determination to Amend Reduction of Appropriations Upon Request (No. 1 of 2008-2009) (Cth)

Determination to Amend Reduction of Appropriations Upon Request (No. 1 of 2008-2009)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to amend a previous Instrument made under subsection 9(1) of annual Appropriation Act (No. 1) 2007-2008

Dated November 25 2008

LINDSAY TANNER

Minister for Finance and Deregulation

Part 1        Preliminary

1.1           Name of Instrument

This Instrument is the Determination to Amend Reduction of Appropriations Upon Request (No. 1 of 2008-2009).

1.2           Commencement

The determinations in this Instrument commence on 30 June 2008.

1.3           The Legislative Authority under which the Instrument is made

Subsection 9(1) of annual Appropriation Act (No. 1) 2007-2008 enables the Minister for Finance and Deregulation to make a Determination reducing a departmental item for an entity by the amount specified in the Determination, upon receipt of a written request from the Minister responsible for that entity.

The provision was included in the annual Appropriation Acts to enable excess departmental appropriation items to be extinguished.

1.4           Purpose of the Instrument

This Instrument revokes a determination made in the Instrument Determination to Reduce Appropriations Upon Request (No. 11 of
2007-2008) and repeals and substitutes a determination made in the Instrument Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008).

1.5           Notes on the Instrument

Schedule 1 of the Instrument revokes a determination made in the Instrument Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008).      

The provision in Schedule 1 provides that the determination originally made in the Instrument titled Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008) at Schedule 2, item 17, of that Instrument, is revoked.

Schedule 2 of the Instrument repeals and substitutes a determination made in the Instrument Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008).

The provision in Schedule 2 provides that the determination originally made in the Instrument titled Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008) at Schedule 2, item 2, of that Instrument is repealed and substituted by the determination contained in this instrument which has removed the figure of $1,251,000 from Column 5 and substituted the figure of $797,000.

This Instrument reflects entity and portfolio names contained in the appropriation Acts under which reductions are made, noting that these may have subsequently been changed by, for example, machinery of government changes.

1.6           Disallowance

Subsection 9(9) of the Appropriation Act that these determinations are made under provides that a determination made under subsection 9(1) is a legislative instrument and despite subsection 44(2) of the Legislative Instruments Act 2003, (which provides that Instruments made under Annual Appropriation Acts are not subject to disallowance under section 42 of the Legislative Instruments Act 2003) section 42 of that Act applies to these determinations.

1.7           Revocation of a determination made under Appropriation Act (No. 1) 2007-2008

Schedule 1 revokes the determination for the Australia Council, made in the Instrument Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008) under Schedule 2, item 17 of that Instrument.

1.8Repeal and substitution of a determination made under Appropriation Act (No. 1) 2007-2008

Schedule 2 repeals and substitutes the determination for the Attorney-General’s Department made in the Instrument Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008) under Schedule 2, item 2 of that Instrument.

Schedule 1     Amendment of Reduction in Appropriation Act
(No. 1) 2007-2008

(Part 1.7)

The below determination made in Schedule 2, item 17 of Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008) is revoked.

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

[17]      Australia Council      

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Australia Council	Departmental item for the Australia Council in Appropriation Act (No. 1) 2007-2008	Subsection 9(1) of Appropriation Act (No. 1) 2007-2008	Minister for the Environment, Heritage and the Arts Minister for Climate Change and Water	333,000

Schedule 2     Amendment of Reduction in Appropriation Act
(No. 1) 2007-2008

(Part 1.8)

The determination made in Schedule 2, item 2 of Determination to Reduce Appropriations Upon Request (No. 11 of 2007-2008) is repealed and substituted as below.

ATTORNEY-GENERAL’S PORTFOLIO

[2]        Attorney-General’s Department      

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Attorney-General’s Department	Departmental item for the Attorney-General’s Department in Appropriation Act (No. 1) 2007-2008	Subsection 9(1) of Appropriation Act (No. 1) 2007-2008	Attorney-General	797,000