Overview
The Determination to Reduce Appropriations Upon Request (No. 1 of 2009-2010) was enacted on 5 October 2009, under the authority of the Minister for Finance and Deregulation. This legislative instrument was introduced to address the issue of duplication in appropriations provided for the 2006-07 Australia-Japan Foundation function, which had subsequently transferred to the Department of Foreign Affairs and Trade (DFAT). The Minister for Foreign Affairs requested a reduction in DFAT's departmental item under the Appropriation Act (No. 3) 2006-2007 to reflect this change. The policy objective of this instrument is to ensure accurate and efficient allocation of funds by removing the duplication within the appropriation, thereby reflecting the current operational structure of the government entities involved. The instrument was made in accordance with a written request from the responsible Minister and is disallowable as it is a Legislative Instrument.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 1 of 2009-2010) applies specifically to the Department of Foreign Affairs and Trade (DFAT) and concerns the adjustment of appropriations as stipulated in the Appropriation Act (No. 3) 2006-2007. This legislative instrument, issued under the authority of the Minister for Finance and Deregulation, facilitates a reduction in the departmental item for DFAT by $803,000. The determination is made pursuant to a written request from the Minister for Foreign Affairs to the Minister for Finance and Deregulation, and it must adhere to the legislative provisions outlined in subsection 9(1) of the annual Appropriation Acts (No. 1) and (No. 3). This instrument is a Legislative Instrument and is subject to disallowance. The scope of this determination is limited to the specific appropriation item for DFAT, addressing the duplication of funding related to the Australia-Japan Foundation function, which transferred to DFAT. The instrument is part of the Commonwealth's legislative framework and is subject to consultation requirements as per the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of this legislation (subsection 9(1) of annual Appropriation Acts (No. 1) and (No. 3)) empower the Minister for Finance and Deregulation to reduce a departmental item upon a written request from the responsible Minister for the relevant entity. Specifically, Schedule 1, Item 1 of the Instrument reduces the departmental item for the Department of Foreign Affairs and Trade (DFAT) in Appropriation Act (No. 3) 2006-2007 by $803,000. This reduction is directly attributable to the duplication of appropriations for the Australia-Japan Foundation function, which has been transferred to DFAT.
The Act imposes several obligations and requirements on the parties involved. Firstly, any reduction in departmental items must be in response to a written request from the responsible Minister. In this case, the Minister for Foreign Affairs made the request on 10 September 2009. Additionally, the determination must be made in accordance with the legislative authority provided under subsection 9(1). It is also stipulated that the entity affected, in this instance DFAT, must be consulted during the preparation of the Instrument, as mandated by the Legislative Instruments Act 2003.
There are no specific offences or penalties outlined in the text for breaches of this legislation. However, it is noted that the determination is a Legislative Instrument and is subject to disallowance. The potential consequences of a disallowance would be the nullification of the determination, effectively reversing the appropriation reduction. Given the legislative nature of the instrument, any breach of the process would likely be subject to review and scrutiny under relevant parliamentary procedures.