Determination to Reduce Appropriations Upon Request (No. 24 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 24 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 May 12^th 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. 24 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 Minister responsible for that agency.

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 agencies 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 agencies to which a Determination applies.  The agencies are listed alphabetically, by portfolio.

Each agency’s reduction determination table is contained within an individual provision. Each 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 responsible Minister 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 reduction determinations for agencies for departmental items appropriated by Appropriation Act (No. 1) 2008-2009.

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

(Part 1.7)

ATTORNEY-GENERAL’S PORTFOLIO

[1]        Australian Customs Service

Column 1	Column 2	Column 3	Column 4	Column 5
Agency	Appropriation	Authority	Requested By	Reduction Amount $
Australian Customs Service	Departmental item for the Australian Customs Service in Appropriation Act (No. 1) 2008-2009	Subsection 10(2) of Appropriation Act (No. 1) 2008-2009	Minister for Home Affairs	3,000,000

PRIME MINISTER AND CABINET PORTFOLIO

[2]        Australian Public Service Commission

Column 1	Column 2	Column 3	Column 4	Column 5
Agency	Appropriation	Authority	Requested By	Reduction Amount $
Australian Public Service Commission	Departmental item for the Australian Public Service Commission in Appropriation Act (No. 1) 2008-2009	Subsection 10(2) of Appropriation Act (No. 1) 2008-2009	Special Minister of State	900,000