Determination to Reduce Appropriations Upon Request (No. 5 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 5 of 2008-2009)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect a determination under subsection 13(2) of annual Appropriation Act (No. 2) 2008-2009.

Dated 23^rd October 2008

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. 5 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 13(2) of annual Appropriation Act (No. 2) 2008-2009 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 annual Appropriation Acts to enable excess appropriation items to be extinguished.

1.4           Purpose of the Instrument

The instrument contains a determination that reduces the appropriation item for the entity listed in Schedule 1 by the amount indicated in Column 5 of the provision.

1.5           Notes on the Instrument

Schedule 1 to the Instrument contains the Determination which lists the entity to which the Determination applies.

The entity’s reduction determination table is contained within an individual provision. The 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 13(6) of Appropriation Act (No. 2) 2008-2009 provides that a determination made under subsection 13(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           Reductions in Appropriation Act (No. 2) 2008-2009

Schedule 1 contains a determination for the Department of Health and Ageing for the other departmental item (Equity Injections) appropriated by annual Appropriation Act (No. 2) 2008-2009.

Schedule 1     Reductions in Appropriation Act
(No. 2) 2008-2009

(Part 1.7)

HEALTH AND AGEING PORTFOLIO

[1]        Department of Health and Ageing

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Department of Health and Ageing	Other Departmental Item (Equity Injections) for the Department of Health and Ageing in Appropriation Act (No. 2) 2008-2009	Subsection 13(2) of Appropriation Act (No. 2) 2008-2009	Minister for Health and Ageing	683,000