EXPLANATORY STATEMENT
Issued by the authority of the Minister for Finance and Deregulation
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. |
Overview
The Determination to Reduce Appropriations (No. 5 of 2012-2013), made on 5 February 2013, is an instrument under the authority of the Minister for Finance and Deregulation pursuant to subsection 11(2) of the Appropriation Act (No. 1) 2010-2011. This legislation aims to address discrepancies in the appropriation amounts for the Department of Agriculture, Fisheries and Forestry (DAFF) as reported in its annual reports, ensuring that the amounts specified are accurate and reflect the required funding levels. This legislative instrument provides the Minister with the ability to adjust the appropriations if there are errors or necessary updates post the publication of the agency's annual reports. The instrument is designed to ensure fiscal integrity and alignment with the budgetary requirements as stipulated in the annual appropriation acts. The DAFF was consulted in the preparation of this determination, aligning with the requirements of the Legislative Instruments Act 2003.
Scope and Application
The Determination to Reduce Appropriations (No. 5 of 2012-2013), issued under subsection 11(2) of the Appropriation Act (No. 1) 2010-2011, pertains to the Department of Agriculture, Fisheries and Forestry (DAFF) and aims to adjust the amounts specified in the annual appropriation acts for certain administered items. This legislation allows the Minister for Finance and Deregulation to amend the appropriation amounts if the originally published figures are found to be erroneous or require updating after the agency's annual report has been released. The adjustment process ensures that the figures reported in the DAFF's annual report align with the specified required amounts, thereby correcting any discrepancies identified during the section 11 process. This Act applies specifically to the appropriations managed by DAFF and does not extend to other departments or entities unless similarly addressed by other legislative instruments. The adjustments do not infringe upon any human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011, and no adjustments were made under the Financial Management and Accountability Act 1997 or section 32 of the same act. The consultation with DAFF during the preparation of this Determination is in accordance with the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of this Determination (F2013L00207) are provided under the authority of the Appropriation Act (No. 1) 2010-2011, specifically subsection 11(2) (paragraph 2). This subsection empowers the Minister for Finance and Deregulation to reduce the appropriations of administered items for the Department of Agriculture, Fisheries and Forestry (DAFF). The Determination specifies the exact amount by which these appropriations will be reduced, as indicated in Schedule 1. For example, Outcome 1 is reduced by $1,882,693.67 and Outcome 2 by $133,000.00. These reductions are to align with the required amounts that were identified as necessary following the section 11 process.
The obligations and requirements imposed by this Determination are primarily administrative and procedural. The Minister for Finance and Deregulation must ensure that the appropriations for DAFF are adjusted in accordance with the specified reductions. This involves verifying the amounts identified in Schedule 1 and ensuring that these reductions are accurately reflected in the relevant financial records and reports. Additionally, DAFF must cooperate with the Minister in providing the necessary information to facilitate these adjustments. The Determination also mandates that the revised amounts be treated as if they were specified in DAFF's annual report, thereby ensuring consistency and accuracy in the agency’s financial documentation.
In terms of consequences for breach, this Determination does not explicitly outline specific offences or penalties. However, as the Determination is a legislative instrument, any failure to comply with its provisions could potentially result in legal ramifications under the applicable Acts, such as the Legislative Instruments Act 2003. While the Determination itself does not detail penalties, any non-compliance could lead to corrective actions, administrative penalties, or other legal consequences depending on the severity of the breach and the specific circumstances. It is also worth noting that the instrument is disallowable, meaning that Parliament has the authority to review and potentially annul the Determination if deemed necessary.
The Determination does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011 and is compatible with international human rights instruments, as it does not raise any human rights issues. This ensures that the Determination operates within the legal framework without infringing on fundamental human rights.