Determination to Reduce Appropriations Upon Request (No. 21 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 21 of 2008-2009)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect a determination under subsection 9(1) of Appropriation Act (No.1) 2007-2008.

Dated 15 April 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. 21 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) 2007-2008 enables 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 Schedule 1 by the amounts indicated in Column 5 of each provision.

1.5           Notes on the Instrument

Schedule 1 to the Instrument lists 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 Appropriation Act (No. 1) 2007-2008 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) 2007-2008

Schedule 1 contains reduction determinations for entities for departmental items appropriated by Appropriation Act (No. 1) 2007-2008.

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

(Part 1.7)

ATTORNEY-GENERAL’S PORTFOLIO

[1]        Australian Customs Service

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Australian Customs Service	Departmental item for the Australian Customs Service in Appropriation Act (No. 1) 2007-2008	Subsection 9(1) of Appropriation Act (No. 1) 2007-2008	Minister for Home Affairs	59,393.72

HUMAN SERVICES PORTFOLIO

[2]        Department of Human Services       

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Department of Human Services	Departmental item for the Department of Human Services in Appropriation Act (No. 1) 2007-2008	Subsection 9(1) of Appropriation Act (No. 1) 2007-2008	Minister for Human Services	567,068.00