Determination to Reduce Appropriations Upon Request (No. 12 of 2007-2008) (Cth)

Determination to Reduce Appropriations Upon Request (No. 12 of 2007-2008)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Determination under subsection 9(2) of the following annual Appropriation Acts:

Appropriation Act (No. 1) 2005-2006

Appropriation Act (No. 1) 2006-2007

Appropriation Act (No. 1) 2007-2008

Dated 24 June 2008

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. 12 of 2007-2008).

1.2           Commencement

This Determination commences on 30 June 2008.

1.3           The Legislative Authority under which the Instrument is made

Subsection 9(2) of Appropriation Act (No. 1) enables the Minister for Finance and Deregulation (Finance Minister) 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 Chief Executive of an entity 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 determines that the appropriation items for the entities listed in the Schedules are reduced by the amounts indicated in Column 5 of each provision.

1.5           Notes on the Instrument

The Schedules to the instrument list the entities to which a determination applies. The entities are listed alphabetically, by portfolio.

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

The 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 Acts that this determination is made under provides that a determination made under subsection 9(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) 2005-2006

Schedule 1 contains a reduction determination for an entity for a departmental item appropriated by Appropriation Act (No. 1) 2005-2006.

1.8           Reduction in Appropriation Act (No. 1) 2006-2007

Schedule 2 contains a reduction determination for an entity for a departmental item appropriated by Appropriation Act (No. 1) 2006-2007.

1.9           Reduction in Appropriation Act (No. 1) 2007-2008

Schedule 3 contains a reduction determination for an entity for a departmental item appropriated by Appropriation Act (No. 1) 2007-2008.

Schedule 1     Reductions in Appropriation Act
(No. 1) 2005-2006

(Part 1.7)

FINANCE AND ADMINISTRATION PORTFOLIO

[1]        Department of Finance and Administration

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Department of Finance and Administration	Departmental item for the Department of Finance and Administration in Appropriation Act (No. 1) 2005-2006	Subsection 9(2) of Appropriation Act (No. 1) 2005-2006	Chief Executive of the Department of Finance and Deregulation	632,000

Schedule 2     Reductions in Appropriation Act
(No. 1) 2006-2007

(Part 1.8)

FINANCE AND ADMINISTRATION PORTFOLIO

[1]        Department of Finance and Administration

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Department of Finance and Administration	Departmental item for the Department of Finance and Administration in Appropriation Act (No. 1) 2006-2007	Subsection 9(2) of Appropriation Act (No. 1) 2006-2007	Chief Executive of the Department of Finance and Deregulation	90,635,434

Schedule 3     Reduction in Appropriation Act
(No. 1) 2007-2008

(Part 1.9)

FINANCE AND ADMINISTRATION PORTFOLIO

[1]        Australian Electoral Commission

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Australian Electoral Commission	Departmental item for the Australian Electoral Commission in Appropriation Act (No. 1) 2007-2008	Subsection 9(2) of Appropriation Act (No. 1) 2007-2008	Electoral Commissioner	808,000