The instrument to which this explanatory statement relates

Determination to Reduce Appropriations (No. 5 of 2012‑2013)

Date instrument was made

5 February 2013

The legislative authority under which the instrument is made

Subsection 11(2) of Appropriation Act (No. 1) 2010-2011 enables the Minister for Finance and Deregulation (Finance Minister) to make a determination reducing an administered item for an agency 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 powers in subsection 11(2) are to ensure that the amount published in an agency annual report for the administered item can be changed, if, for example, the amount is erroneous or requires updating after agency annual reports are published.

Determinations made under subsection 11(2) of Appropriation Act (No. 1) 2010-2011 are legislative instruments and are disallowable.

Purpose and effect of the instrument

Schedule 1 in this Determination reduces administered items for the Department of Agriculture, Fisheries and Forestry (DAFF) by the amount indicated in column 5 of that schedule. The required amount in column 4 of that schedule for the administered items can apply as if it is the amount specified in DAFF’s annual report.

Background

Schedule 1: Determination of amount in Appropriation Act (No. 1) 2010‑2011

Item 1: This item determines that the Outcome 1 administered item for DAFF is reduced by $1,882,693.67 to the required amount and applies as if the amount specified in the agency annual report was the required amount specified in the determination. The amount was excess to that identified as required in the section 11 process.

Item 2: This item determines that the Outcome 2 administered item for DAFF is reduced by $133,000.00 to the required amount and applies as if the amount specified in the agency annual report was the required amount specified in the determination. The amount was excess to that identified as required in the section 11 process.

Notes on the Instrument

Schedule 1 contains a table for administered items listing the relevant agency, appropriation item and outcome number contained in the relevant annual Appropriation Act in column 1, the legislative authority in column 2, the amount appropriated by determination or annual report for the appropriation item in column 3, the new amount required by the agency for that appropriation item in column 4, and the amount reduced in column 5 (column 3 less column 4).

For the administered items under subsection 11(2) of Appropriation Act (No. 1) 2010-2011 the amount required by the agency in column 5 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.

The amount of an appropriation item for an agency may also include adjustments to that amount made under the adjustment provisions contained in the Annual Appropriation Acts and under section 32 of the Financial Management and Accountability Act 1997. Adjustments made under these provisions may increase the amount of an item when compared with the Schedules of the Annual Appropriation Acts.

In accordance with the Legislative Instruments Act 2003, DAFF was consulted in the preparation of this Determination.

Human Rights Impact Statement

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.