Determination to Reduce Appropriations Upon Request (No. 14 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 14 of 2008-2009)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect determinations under subsection 11(1) of the following annual Appropriation Acts:

Appropriation Act (No. 4) 2003-2004

Appropriation Act (No. 4) 2005-2006

Appropriation (Northern Territory National Emergency Response) Act (No. 2)
2007-2008

Dated 19^th January 2009

LINDSAY TANNER

Minister for Finance and Deregulation

Part 1        Preliminary

1.1           Name of Determination

This Instrument is the Determination to Reduce Appropriations Upon Request (No. 14 of 2008-2009).

1.2           Commencement

These Determinations commence the day after registration on the Federal Register of Legislative Instruments (FRLI).

1.3           The Legislative Authority under which the Instrument is made

Subsection 11(1) of Appropriation Acts (No. 2) and (No. 4) enables the Minister for Finance and Deregulation to make a determination reducing an administered assets and liabilities item or an other 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 Appropriation Acts to enable excess appropriation items to be extinguished.

1.4           Purpose of the Instrument

The instrument contains determinations that reduce the appropriation items for the entities listed in the Schedules 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 responsible Minister 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 11(9) of the Appropriation Acts that these determinations are made under provides that a determination made under subsection 11(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 this Determination.

1.7           Reduction in Appropriation Act (No. 4) 2003-2004

Schedule 1 contains a reduction determination for the Department of Education, Science and Training for the administered assets and liabilities item appropriated by Appropriation Act (No. 4) 2003-2004.

1.8           Reduction in Appropriation Act (No. 4) 2005-2006

Schedule 2 contains a reduction determination for the Department of Education, Science and Training for the administered assets and liabilities item appropriated by Appropriation Act (No. 4) 2005-2006.

1.9           Reduction in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008

Schedule 3 contains a reduction determination for the Department of Education, Employment and Workplace Relations for the other departmental item (Equity Injections) appropriated by Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008.

Schedule 1     Reduction in Appropriation Act
(No. 4) 2003-2004

(Part 1.7)

EDUCATION, SCIENCE AND TRAINING PORTFOLIO

[1]        Department of Education, Science and Training

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Department of Education, Science and Training	Administered assets and liabilities item for the Department of Education, Science and Training in Appropriation Act (No. 4) 2003-2004	Subsection 11(1) of Appropriation Act (No. 4) 2003-2004	Minister for Education; Minister for Employment and Workplace Relations; Minister for Social Inclusion	4,819,999.90

Schedule 2     Reduction in Appropriation Act
(No. 4) 2005-2006

(Part 1.8)

EDUCATION, SCIENCE AND TRAINING PORTFOLIO

[1]        Department of Education, Science and Training     

Column 1	Column 2	Column 3	Column 4	Column 5
Agency	Appropriation	Authority	Requested By	Reduction Amount $
Department of Education, Science and Training	Administered assets and liabilities item for the Department of Education, Science and Training in Appropriation Act (No. 4) 2005-2006	Subsection 11(1) of Appropriation Act (No. 4) 2005-2006	Minister for Education; Minister for Employment and Workplace Relations; Minister for Social Inclusion	266.20

Schedule 3 Reduction in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008

(Part 1.9)

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

[1]        Department of Education, Employment and Workplace Relations           

Column 1	Column 2	Column 3	Column 4	Column 5
Agency	Appropriation	Authority	Requested By	Reduction Amount $
Department of Education, Employment and Workplace Relations	Other departmental item (Equity Injections) for the Department of Education, Employment and Workplace Relations in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008	Subsection 11(1) of Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008	Minister for Education; Minister for Employment and Workplace Relations; Minister for Social Inclusion	2,783,252