Determination to Reduce Appropriations Upon Request (No. 7 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 7 of 2008-2009)

Annual Appropriation Acts

I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect a determination under subsection 11(1) of annual Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008.

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. 7 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 annual Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 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 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 contains Determinations which list the entities to which each Determination applies.

Each 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 11(9) of Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 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           Reductions in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008

Schedule 1 contains reduction determinations for the entities for other departmental items (Equity Injections) appropriated by annual Appropriation (Northern Territory National Emergency Response) Act
(No. 2) 2007-2008.

Schedule 1 Reductions in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008

(Part 1.7)

EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

[1]        INDIGENOUS BUSINESS AUSTRALIA

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Indigenous Business Australia	Other departmental item (Equity Injections) for Indigenous Business Australia 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 Families, Housing, Community Services and Indigenous Affairs	7,494,000

HUMAN SERVICES PORTFOLIO

[2]        Centrelink

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Centrelink	Other departmental item (Equity Injections) for Centrelink 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 Human Services	11,723,027

PRIME MINISTER AND CABINET PORTFOLIO

[3]        Office of the Commonwealth Ombudsman

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Office of the Commonwealth Ombudsman	Other Departmental Item (Equity Injections) for the Office of the Commonwealth Ombudsman 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	Special Minister of State	132,000