Explanatory Statement
Appropriation Act (No. 4) 2003-2004, subsection 11 (1) – Reduction of appropriations upon request
Appropriation Act (No. 1) 2006-2007, subsection 9(1) – Reduction of appropriations upon request
The instrument to which this explanatory statement relates
This explanatory statement relates to an instrument (the instrument) entitled “Determination to Reduce Appropriation Upon Request”, dated 26 June 2007 and numbered 11 of 2006-2007.
The legislative authority under which the instrument is made
Section 11 of Appropriation Act (No. 4) 2003-2004 enables the Finance Minister to make a determination reducing an administered assets and liabilities item or an other departmental item for an entity upon receipt of a written request from the Minister responsible or, in the case of an entity for which the Finance Minister is responsible, the Chief Executive.
Section 9 of Appropriation Act (No. 1) 2006-2007 enables the Finance Minister to make a determination reducing a departmental item for an entity upon receipt of a written request from the Minister responsible or, in the case of an entity for which the Finance Minister is responsible, the Chief Executive.
The provisions were included in the Appropriation Acts to enable excess departmental appropriation items to be extinguished.
Excess appropriation may arise where, for example:
- An amount is reclassified and appropriated again under another kind of appropriation;
- Efficiency savings result in a programme costing less than expected; and
- A programme under Government policy is abolished prior to the appropriation being expensed.
In accordance with subsections 11(5) and 11(6) of Appropriation Act (No. 4) 2003-2004 and subsections 9(5) and 9(6) of Appropriation Act (No. 1) 2006-2007, a determination issued by the Finance Minister cannot reduce an appropriation item by more than the lesser of the amount requested by the responsible Minister or Chief Executive (as appropriate), and the balance of the appropriation item remaining in the Consolidated Revenue Fund.
Purpose of the instrument
The instrument directs that equity injections for the Australian Federal Police (AFP) in Appropriation Act (No. 4) 2003-2004 be reduced by $13,000,000. The instrument also directs that departmental items for the AFP in Appropriation Act (No. 1) 2006-2007 be reduced by $15,700,000.
Background
On 14 June 2007, the Minister for Justice and Customs (the Minister) wrote to the Minister for Finance and Administration seeking a reduction of the AFP’s equity injections in Appropriation Act (No. 4)
2003-2004 by $13,000,000. This reduction relates to excess funding no longer required for the Enhanced Cooperation Program (ECP) with Papua New Guinea.
The Minister is also seeking a reduction of the AFP’s departmental items in Appropriation Act (No. 1) 2006-2007 by $15,700,000. This reduction relates to funding not required in regards to the Aviation Security Community Policing at Airports programme due to delays in negotiations with States/Territories.
Notes on the instrument
The instrument provides that the appropriation item in column 1 for the entity in column 2 is reduced in response to a request made by the Minister in column 4 by the amounts listed in column 6.
In accordance with the Legislative Instruments Act 2003, the AFP has been consulted in the preparation of this instrument.