Determination to Reduce Appropriations Upon Request (No. 11 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 11 of 2008-2009)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect a determination under subsection 10(2) of Appropriation Act (No. 1)
2008-2009.

Dated 19^th January 2009

LINDSAY TANNER

Minister for Finance and Deregulation

Part 1        Preliminary

1.1           Name of Determination

This Determination is the Determination to Reduce Appropriations Upon Request (No. 11 of 2008-2009).

1.2           Commencement

This Determination commences the day after registration on the Federal Register of Legislative Instruments (FRLI).

1.3           The Legislative Authority under which the Instrument is made

Subsection 10(2) of Appropriation Act (No. 1) 2008-2009 enables the Minister for Finance and Deregulation to make a Determination reducing a departmental item for an agency by the amount specified in the Determination, upon receipt of a written request from the Chief Executive of an agency for which the Finance Minister is responsible.

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

1.4           Purpose of the Instrument

The instrument contains a determination that reduces the appropriation item for the agency listed in Schedule 1 by the amount indicated in Column 5 of the provision.

1.5           Notes on the Instrument

Schedule 1 to the instrument contains the Determination which lists the agency to which the Determination applies.

The agency’s reduction determination table is contained within an individual provision. The provision provides that the agency in column 1, has the appropriation item in column 2, under the legislative authority in column 3, through the request by the agency Chief Executive in Column 4, reduced, by the amount in column 5.

The instrument reflects agency 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 10(6) of Appropriation Act (No. 1) 2008-2009 provides that a determination made under subsection 10(2) 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 this Determination.

1.7           Reduction in Appropriation Act (No. 1) 2008-2009

Schedule 1 contains a reduction determination for ComSuper for the departmental item appropriated by Appropriation Act (No. 1) 2008-2009.

Schedule 1     Reduction in Appropriation Act
(No. 1) 2008-2009

(Part 1.7)

FINANCE AND DEREGULATION PORTFOLIO

[1]        ComSuper

Column 1	Column 2	Column 3	Column 4	Column 5
Agency	Appropriation	Authority	Requested By	Reduction Amount $
ComSuper	Departmental item for ComSuper in Appropriation Act (No. 1) 2008-2009	Subsection 10(2) of Appropriation Act (No. 1) 2008-2009	Commissioner for Superannuation	1,422,845