Explanatory Statement
Appropriation Act (No. 3) 2003-2004, Section 10 – Reduction of Appropriations Upon Request
Appropriation Act (No. 1) 2004-2005, Section 9, 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 22 June 2006 and numbered 12 of 2005-2006.
The legislative authority under which the instrument is made
Section 10 of Appropriation Act (No. 3) 2003-04 enables the Finance Minister to make a determination reducing departmental appropriations made under that Act, upon receipt of a written request from the Minister responsible or, in the case of an agency in the Finance portfolio, the Chief Executive.
Section 9 of Appropriation Act (No. 1) 2004-05 enables the Finance Minister to make a determination reducing departmental appropriations made under that Act, upon receipt of a written request from the Minister responsible or, in the case of an agency in the Finance portfolio, the Chief Executive.
The provisions were included in the Appropriation Acts to enable excess departmental appropriation items, which do not automatically lapse, 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.
A determination issued by the Finance Minister pursuant to section 10 of Appropriation Act (No. 3) 2003-2004 or section 9 of Appropriation Act (No.1) 2004-2005 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 departmental outputs for the Australian Electoral Commission in Appropriation Act (No.1) 2003-2004 be reduced by $2,085,423 and Appropriation Act (No. 1) 2004-2005 be reduced by $3,290,678.
Background
On 5 June 2006, the Electoral Commissioner wrote to the Minister for Finance and Administration seeking a reduction of the Australian Electoral Commission departmental outputs appropriation in Appropriation Act (No.1) 2003-2004 by $2,085,423 and departmental outputs in Appropriation Act (No.1) 2004-2005 by $3,290,678. These reductions relate to funds appropriated for implementing recommendations from the Joint Standing Committee on Electoral Matters report on the 2001 federal election, these recommendations have been superseded by further recommendations made in 2004, which subsequently received additional funding.
Notes on the instrument
The instrument provides that the appropriation items in column 1 for the agency in column 2 be reduced in response to a request made by the officer in column 4 by the amounts listed in column 6.