Determination to Reduce Administered Appropriations (No. 2 of 2009-2010) (Cth)
Determination to Reduce Administered Appropriations (No. 2 of 2009-2010)
Annual Appropriation Acts
I, the Honourable Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect a determination under subsection 11(2)(b) of Appropriation Act (No. 1) 2008-2009.
Dated June 23rd 2010
LINDSAY TANNER
Minister for Finance and Deregulation
Preliminary
Name
This Instrument is the Determination to Reduce Administered Appropriations (No. 2 of 2009-2010).
Commencement
The determination in this Instrument commences on the date of signing.
Legislative Authority
Subsection 11(2)(b) of Appropriation Act (No. 1) 2008-2009 enables the Minister for Finance and Deregulation (Finance Minister) to make a determination reducing an administered item for an agency to the required amount specified in the determination. The provision was included in the annual Appropriation Acts to allow the Finance Minister to determine that a required amount published in the annual report of an agency is taken to be the required amount specified in the determination. The power in subsection 11(2)(b) ensures that the amount published in an agency annual report for the administered item can be changed, if, for example, the amount is erroneous or requires updating after agency annual reports are published.
4 Purpose
This Instrument contains a determination that reduces the relevant administered appropriation item to the required amount specified for the National Health and Medical Research Council (NHMRC). The required amount applies as if the amount specified in the NHMRC’s annual report was the required amount specified in the determination.
5 Notes
The Instrument contains a Schedule consisting of a determination made under subsection 11(2)(b) of Appropriation Act (No. 1) 2008-2009.
The Schedule provides the appropriation item and outcome number contained in the relevant annual Appropriation Act in column 1, under the legislative authority in column 2, the amount appropriated by Parliament against that appropriation item in column 3, the amount required by the agency against that appropriation item in column 4, and the amount reduced in column 5. The amount required by the agency in column 4 is the amount that is taken to be the specified amount required for the appropriation item for the purposes of the agency’s annual report under Subsection 11(2)(b) of Appropriation Act (No. 1) 2008-2009.
Note 1: The amount of an appropriation item for an agency may also include adjustments to that amount made under the adjustment provisions contained in the annual Appropriation Acts and under section 32 of the Financial Management and Accountability Act 1997. Adjustments made under these provisions may increase the amount of an item when compared with the Schedules of the annual Appropriation Acts
6 Disallowance
Subsection 11(3) of Appropriation Act (No. 1) 2008-2009 provides that determinations made under subsection 11(2)(b) are legislative instruments 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 the determinations.
7 Reductions in administered items in Appropriation Act (No. 1) 2008‑2009
Schedule 1 contains a reduction determination for the NHMRC for an administered item appropriated by Appropriation Act (No. 1) 2008-2009.
Schedule 1 Reduction in administered item under subsection 11(2)(b) of Appropriation Act (No. 1) 2008-2009
(Clause 7)
HEALTH AND AGEING PORTFOLIO
National Health and Medical Research Council
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| Agency Appropriation | Authority | Amount Appropriated by Parliament $ | Amount Required $ | Amount Reduced (column 3 less column 4) $ |
| Administered item for Outcome 1 for the National Health and Medical Research Council in Appropriation Act (No. 1) 2008-2009 | Subsection 11(2)(b) of Appropriation Act (No. 1) 2008-2009 | 621,719,000.00 | 617,837,000.00 | 3,882,000.00 |
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