Explanatory Statement
Appropriation Act (No. 3) 2003-2004, Section 10 – Reduction of Appropriations Upon Request
Appropriation Act (No. 2) 2004-2005, Section 11, 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 13 of 2005-2006.
The legislative authority under which the instrument is made
Section 10 of Appropriation Act (No. 3) 2003-2004 enables the Finance Minister to make a determination reducing departmental appropriations in 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 11 of Appropriation Act (No. 2) 2004-2005 enables the Finance Minister to make a determination reducing non-operating 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 and non-operating 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 11 of Appropriation Act (No. 2) 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 Taxation Office in Appropriation Act (No.1) 2002-2003 be reduced by $63,091,000 and previous years’ outputs in Appropriation Act (No. 2) 2004-2005 be reduced by $1,200,000.
Background
On 14 June 2006, the Minister for Revenue and Assistant Treasurer wrote to the Minister for Finance and Administration seeking a reduction of the Australian Taxation Office’s departmental outputs in Appropriation Act (No.1) 2002-2003 by $63,091,000 and previous years’ outputs in Appropriation Act (No.2) 2004-2005 by $1,200,000.
The 2002-2003 reduction relates to the Australian Taxation Office’s 2002-2003 operating surplus ($50,000,000) and the abolition of the Agency Banking Incentive Scheme ($13,091,000).
The 2004-2005 reduction relates to unspent advertising for the Superannuation Co-contributions advertising campaign ($1,200,000).
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 Minister in column 4 by the amounts listed in column 6.