Determination to Reduce Appropriations Upon Request (No. 16 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 16 of 2008-2009)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect determinations under subsection 9(1) of the following annual Appropriation Acts:

Appropriation Act (No. 1) 2005-2006

Appropriation Act (No. 3) 2005-2006

Dated 6^th March 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. 16 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 9(1) of Appropriation Act (No. 1) and Appropriation Act (No. 3) enable 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 Appropriation Acts to enable excess departmental 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 9(9) of the Appropriation Acts that these determination 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 this Determination.

1.7           Reduction in Appropriation Act (No. 1) 2005-2006

Schedule 1 contains a reduction determination for the Department of the Prime Minister and Cabinet for the departmental item appropriated by Appropriation Act (No. 1) 2005-2006.

1.8           Reduction in Appropriation Act (No. 3) 2005-2006

Schedule 2 contains a reduction determination for the Department of the Prime Minister and Cabinet for the departmental item appropriated by Appropriation Act (No. 3) 2005-2006.

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

(Part 1.7)

PRIME MINISTER AND CABINET PORTFOLIO

[1]        Department of the Prime Minister and Cabinet

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Department of the Prime Minister and Cabinet	Departmental item for the Department of the Prime Minister and Cabinet in Appropriation Act (No. 1) 2005-2006	Subsection 9(1) of Appropriation Act (No. 1) 2005-2006	Parliamentary Secretary to the Prime Minister	16,300,334.33

Schedule 2     Reduction in Appropriation Act
(No. 3) 2005-2006

(Part 1.8)

PRIME MINISTER AND CABINET PORTFOLIO

[1]        Department of the Prime Minister and Cabinet     

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Department of the Prime Minister and Cabinet	Departmental item for the Department of the Prime Minister and Cabinet in Appropriation Act (No. 3) 2005-2006	Subsection 9(1) of Appropriation Act (No. 3) 2005-2006	Parliamentary Secretary to the Prime Minister	3,566,779.67