Determination to Reduce Administered Appropriations (No. 2 of 2011-2012)

Administered by Department of Finance

Legislation au F2012L01155 Not in force Legislative Instrument

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The instrument to which this explanatory statement relates

Determination to Reduce Administered Appropriations
(No. 2 of 2011‑2012)

Date instrument was made

21 May 2012

The legislative authority under which the instrument is made

Subsection 11(2)(b) of:

  • Appropriation Act (No. 1) 2010-2011; and
  • Appropriation Act (No. 3) 2010-2011;

enables the Minister for Finance and Deregulation (Finance Minister) to make a determination reducing an administered item, or a State, ACT, NT and local government item, for agencies to the required amount specified in the determination.

The provisions were included in the Annual Appropriation Acts to allow the Finance Minister to determine that a required amount published in the annual report of an agency is taken to be the required amount specified in the determination.

The power in subsection 11(2)(b) ensures that the amount published in an agency annual report for the administered item or the State, ACT, NT and local government item can be changed, if, for example, the amount is erroneous or requires updating after agency annual reports are published.

Determinations made under subsections 11(2)(b) are legislative instruments and are disallowable.

Purpose and effect of the instrument

This Determination reduces the relevant appropriation items to the revised required amounts specified, for the agencies listed in Schedule 1 and Schedule 2. The revised required amount listed in column 4 of each item applies as if it is the amount specified in the relevant agency’s annual report.

Background to items in the Schedules

The requirement for this determination is to correct amounts in the Annual Reports as specified below.

The relevant reference for the Department of Agriculture, Fisheries and Forestry Annual Report 2010‑2011 is: Financial Statements, Notes to and Forming Part of the Financial Statements as at 30 June 2011, Note 25 Appropriations, Table D Reduction in Administered Items.

The relevant reference for the Attorney General’s Department Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements, Note 24 Appropriations, Table E: Reduction in Administered Items.

The relevant reference for the Department of Climate Change and Energy Efficiency Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements, Note 23 Appropriations, Table C: Reduction in Administered Items.

The relevant reference for the Department of Families, Housing, Community Services and Indigenous Affairs Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements for the year ended 30 June 2011, Table E Reduction in Administered Items.

The relevant reference for the Department of Finance and Deregulation Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements for the year ended 30 June 2011, Note 28E Reduction in Administered Items.

The relevant reference for the Department of Health and Ageing Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements for the year ended 30 June 2011, Note 24E Reduction in Administered Items.

The relevant reference for the Department of Immigration and Citizenship Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements for the year ended 30 June 2011, Note 25 Table D: Reduction in Administered Items.

The relevant reference for Old Parliament House Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements for the year ended 30 June 2011, Note 21 Table D: Reduction in Administered Items.

The relevant reference for Department of Sustainability, Environment, Water, Population and Communities Annual Report 2010‑2011 is: Financial Statements for the year ended 30 June 2011, Notes to and Forming Part of the Financial Statements for the year ended 30 June 2011, Note 24 Table E: Reduction in Administered Items.

Notes on the Instrument

The Schedules contain reduction determinations for agencies under the relevant Appropriation Acts to which the determination applies. Each table provides:

  • the relevant agency, appropriation item and outcome number contained in the relevant annual Appropriation Act in column 1;
  • under the legislative authority in column 2;
  • the amount appropriated by Parliament against that appropriation item and outcome in column 3;
  • the amount required by the agency against that appropriation item and outcome in column 4; and
  • the amount reduced in column 5.

The amount required by the agency in column 4 is the amount that is taken to be the specified amount required for the appropriation item for the purposes of the agency’s annual report.

In accordance with the Legislative Instruments Act 2003, the agencies concerned were consulted in the prepration of this instrument.

Human Rights Statement

This determination reduces appropriated amounts from Appropriation Act (No. 1) 2010-2011 and Appropriation Act (No. 3) 2010-2011.

This determination does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny)
Act 2011.

This determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it does not raise any human rights issues.

 

 

Overview

The Determination to Reduce Administered Appropriations (No. 2 of 2011-2012), enacted on 21 May 2012, was introduced to address discrepancies in the amounts specified in the annual reports of various government agencies. Authorised under subsection 11(2)(b) of the Appropriation Act (No. 1) 2010-2011 and Appropriation Act (No. 3) 2010-2011, this instrument allows the Minister for Finance and Deregulation to adjust the appropriated amounts to reflect the correct figures as reported by the agencies. This adjustment ensures that any errors or necessary updates to the appropriations can be implemented post the publication of the annual reports. The determination aims to maintain financial accuracy and integrity in the reporting of government appropriations and is a legislative instrument subject to disallowance.

Scope and Application

The Determination to Reduce Administered Appropriations (No. 2 of 2011-2012) is a legislative instrument made under the authority of the Appropriation Act (No. 1) 2010-2011 and the Appropriation Act (No. 3) 2010-2011, enabling the Minister for Finance and Deregulation to adjust the appropriated amounts for specified agencies. This instrument specifically targets the reduction of administered appropriation items for a range of Commonwealth agencies, as listed in Schedule 1 and Schedule 2, by adjusting the required amounts to correct erroneous or outdated figures that appeared in the agencies' annual reports. The instrument is applicable to the relevant appropriation items and outcomes as set out in the specified annual appropriation acts, ensuring that the revised figures are reflected in the annual reports of the agencies. This determination does not extend to any other appropriations or fiscal measures outside the scope of the annual appropriation acts it references, nor does it engage any human rights issues as it does not affect any rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The primary sections of the Determination to Reduce Administered Appropriations (No. 2 of 2011-2012) are underpinned by subsection 11(2)(b) of the Appropriation Act (No. 1) 2010-2011 and Appropriation Act (No. 3) 2010-2011, which empower the Minister for Finance and Deregulation to amend the appropriation amounts specified in the annual reports of various government agencies. This legal authority enables the Minister to adjust the amounts, ensuring that they accurately reflect the financial requirements of the agencies as stated in their respective annual reports. The revised required amounts are detailed in Schedule 1 and Schedule 2 of the Determination and apply as if they were the amounts published in the relevant agency’s annual report. The Determination imposes specific obligations on the agencies governed by it, primarily requiring them to adjust the appropriation amounts as specified in their annual reports. This means that any discrepancies or errors in the originally reported amounts must be corrected to reflect the revised required amounts specified in the Determination. Furthermore, agencies must ensure that their financial records and reporting mechanisms are updated accordingly to align with these new figures. This is crucial for maintaining accurate financial transparency and accountability in the public sector. In terms of enforcement and consequences, the Determination outlines that any breaches of its provisions may result in legal consequences. While the Determination itself does not specify particular penalties, breaches of the Appropriation Acts or related legislative instruments can result in civil or criminal penalties. The severity of these penalties can vary depending on the nature and extent of the breach, but they may include fines or other sanctions as prescribed by law. Additionally, as a legislative instrument, the Determination is subject to disallowance, meaning that it can be annulled by either house of Parliament within a specified period after its commencement. This oversight mechanism ensures that the Determination remains within the bounds of legal authority and public scrutiny.

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