Overview
The Determination to Reduce Appropriations Upon Request (No. 10 of 2008-2009), issued under the authority of the Minister for Finance and Deregulation, was enacted on 18 December 2008. This legislative instrument was introduced to address the need for a reduction in appropriations for the Australian Crime Commission (ACC) as requested by the Minister for Home Affairs. The reduction was made in response to net savings identified following the implementation of a one-off two per cent efficiency dividend. The purpose of this instrument is to adjust the departmental item for the ACC as specified in the Appropriation Act (No. 1) 2007-2008, in accordance with the request from the responsible Minister. The policy objective underlying this determination is to achieve budgetary efficiency and ensure the prudent use of public funds, reflecting the government’s commitment to fiscal responsibility and effective resource allocation.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 10 of 2008-2009) applies to the Australian Crime Commission (ACC) and pertains specifically to a reduction in the ACC’s departmental item under the Appropriation Act (No. 1) 2007-2008. The instrument was made pursuant to subsection 9(1) of the annual Appropriation Act (No. 1) 2007-2008, which empowers the Minister for Finance and Deregulation to reduce a departmental item for an agency, following a written request from the responsible Minister. This legislation thus affects the ACC by reducing its appropriation by $345,000. The instrument is geographically applicable within the Commonwealth of Australia and operates to modify budgetary allocations as requested by the relevant Minister. The ACC was consulted in the preparation of this instrument, in line with the Legislative Instruments Act 2003. No exclusions or exemptions are specified in the text, and the reduction is a direct consequence of net savings identified after the implementation of a one-off two per cent efficiency dividend.
Key Provisions
The main operative section of the Determination to Reduce Appropriations Upon Request (No. 10 of 2008-2009) is found in Schedule 1, Item 1, which specifies the reduction of the departmental item for the Australian Crime Commission (ACC) under the Appropriation Act (No. 1) 2007-2008. This reduction is to the tune of $345,000, following a request by the Minister for Home Affairs to the Minister for Finance and Deregulation. The purpose of this determination is to implement savings identified through a one-off two percent efficiency dividend.
Under this legislation, the Minister for Finance and Deregulation has the authority to make a determination that reduces a departmental item for an agency, provided it is in accordance with a written request made by the responsible Minister. In this instance, the reduction of the ACC's departmental item was made in response to a written request by the Minister for Home Affairs, as stated in subsection 9(1) of the annual Appropriation Act (No. 1) 2007-2008. The Australian Crime Commission were consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003.
The obligations imposed by this Act are primarily on the Minister for Finance and Deregulation and the responsible Minister for the agency in question. The Minister for Finance and Deregulation must ensure that any determination made under subsection 9(1) is in line with the written request from the responsible Minister and is in accordance with the legislative authority provided. The responsible Minister, in this case, the Minister for Home Affairs, must make a formal request for the reduction and provide the necessary background and rationale for the requested decrease. Furthermore, as stated in the Act, the Australian Crime Commission were required to be consulted in the preparation of this instrument.
In terms of offences, penalties, or civil/criminal consequences for breach, the Act does not explicitly outline specific sanctions for non-compliance with its provisions. However, given that a determination made under subsection 9(1) is a Legislative Instrument and is disallowable, failure to adhere to the legislative authority or the process outlined could potentially lead to disallowance of the instrument. While the Act does not specify maximum penalties, the disallowance of a Legislative Instrument could have significant implications for the affected agency, particularly in terms of funding and operational capacity.