Overview

The Determination to Amend Reduction of Appropriations Upon Request (No. 1 of 2009-2010), issued under the authority of the Minister for Finance and Deregulation, addresses a specific issue arising from a previous reduction in departmental appropriations for the Department of the Prime Minister and Cabinet (PM&C). Enacted on 4 May 2010, this instrument revokes a previous determination that had reduced appropriations for PM&C for the financial year 2009-2010. The original reduction was intended to address an over-appropriation related to the Asia Pacific Economic Cooperation (APEC) Taskforce and the Community Cabinets measure, which were no longer required. However, subsequent advice indicated that the funding in question was initially appropriated to PM&C in the financial years 2007-2008 and 2008-2009, necessitating a correction to the affected years. Consequently, this determination seeks to restore the 2009-2010 departmental appropriation and appropriately adjust the appropriations for the earlier financial years.

Scope and Application

The Determination to Amend Reduction of Appropriations Upon Request (No. 1 of 2009-2010) pertains to the revocation of a previously made reduction to the departmental item for the Department of the Prime Minister and Cabinet (PM&C) in the Appropriation Act (No. 1) 2009-2010. The legislation authorises the Minister for Finance and Deregulation to reduce departmental items following a written request from the relevant responsible Minister. This Determination specifically revokes a reduction of $2,406,823 that had been applied to the PM&C for the fiscal year 2009-2010 and reallocates the reductions to the years 2007-2008 and 2008-2009, with reductions of $2,093,376 and $313,447 respectively. The revocation and reallocation were prompted by the Parliamentary Secretary to the Prime Minister who identified an error in the allocation of the reductions, suggesting they should have been applied to the years in which the funding was initially appropriated to the PM&C. This determination is effective within the Commonwealth jurisdiction, as it relates to the appropriation acts of the Commonwealth of Australia.

Key Provisions

The primary operative sections of this legislation are subsection 9(1) of the Appropriation Act (No. 1) 2007-2008 and subsection 10(2) of the Appropriation Act (No. 1) 2008-2009, which empower the Minister for Finance and Deregulation to make a determination reducing a departmental item based on a written request from the responsible Minister. This Determination revokes a previous reduction made to the Department of the Prime Minister and Cabinet's (PM&C) appropriations in Appropriation Act (No. 1) 2009-2010 and adjusts the reductions for the years 2007-2008 and 2008-2009 instead. This amendment is detailed in Schedule 1 and Schedule 2 of the Determination, which specify the reductions for the respective years. The Act imposes specific obligations on the relevant parties, including the requirement that any reduction in appropriations must be in response to a written request from the responsible Minister. The Finance Minister must ensure that the reductions comply with the legislative authority provided under the Appropriation Acts. Additionally, the Act requires consultation with the affected agency, in this case, the PM&C, during the preparation of the Determination, as mandated by the Legislative Instruments Act 2003. This ensures that the affected parties are informed and have the opportunity to provide input into the determination process. Under this legislation, there are no explicit offences, penalties, or civil/criminal consequences for breaches of the Act. However, the process for making determinations and the requirement to adhere to the legislative authority provided under the Appropriation Acts are strictly enforced. Failure to comply with these provisions could lead to the revocation of a determination, as seen in the revocation of the previous reduction for 2009-2010. The determinations are subject to review and adjustment based on accurate appropriation requests, ensuring that the funds are allocated appropriately across the correct fiscal years.