Determination to Reduce Appropriations Upon Request (No. 8 of 2008-2009) (Cth)

Determination to Reduce Appropriations Upon Request (No. 8 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 annual Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008.

Dated 12 November 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. 8 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 annual Appropriation (Northern Territory National Emergency Response) 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 annual Appropriation Acts to enable excess departmental 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 the reduction is 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 (Northern Territory National Emergency Response) (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           Reductions in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008

Schedule 1 contains a reduction determination for the Australian Federal Police for the departmental item appropriated by Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008.

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

(Part 1.7)

ATTORNEY-GENERAL’S PORTFOLIO

[1]        AUSTRALIAN FEDERAL POLICE

Column 1	Column 2	Column 3	Column 4	Column 5
Entity	Appropriation	Authority	Requested By	Reduction Amount $
Australian Federal Police	Departmental item for the Australian Federal Police in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008	Subsection 9(1) of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008	Minister for Home Affairs	5,598,000