Overview

The Determination to Reduce Appropriations Upon Request (No. 10 of 2010-2011), enacted on 18 March 2011, was made under the authority of the Appropriation Act (No. 1) 2009-2010 and provides for the reduction of a departmental appropriation item by the amount specified in the determination. The purpose of this instrument is to address a surplus appropriation for the National Archives of Australia (NAA), as advised by the Minister for Privacy and Freedom of Information. The reduction of $100,000 in the NAA’s departmental appropriation item was requested to reflect the decision that the Gateway Review for the National Archives Preservation Facility will be undertaken by the Department of Finance and Deregulation instead of the NAA. This instrument was made in response to a written request from the Minister for Privacy and Freedom of Information, and the NAA was consulted in its preparation. The objective of this instrument is to ensure the efficient allocation of funds within the federal budget by reducing appropriations that are no longer required.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 10 of 2010-2011) applies specifically to the National Archives of Australia (NAA) and concerns a reduction in its departmental appropriation. The instrument was made pursuant to the authority granted under subsection 10(2) of the Appropriation Act (No. 1) 2009-2010, enabling the Minister for Finance and Deregulation to reduce a departmental item for an agency upon receipt of a written request from the responsible Minister. In this case, the Minister for Privacy and Freedom of Information requested a reduction in the appropriation for the NAA, which was approved by the Minister for Finance and Deregulation. The reduction in appropriation of $100,000 reflects the decision that the Gateway Review for the National Archives Preservation Facility will be undertaken by the Department of Finance and Deregulation instead of the NAA. The instrument is a legislative instrument and is disallowable. The NAA was consulted in the preparation of this instrument as required by the Legislative Instruments Act 2003.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 10 of 2010-2011) (Instrument) is a legislative instrument made under subsection 10(2) of the Appropriation Act (No. 1) 2009-2010. This instrument is aimed at reducing the appropriation item for the National Archives of Australia (NAA) by $100,000, as requested by the Minister for Privacy and Freedom of Information. This reduction follows the decision that the Gateway Review for the National Archives Preservation Facility will be undertaken by the Department of Finance and Deregulation instead of the NAA, thus rendering certain funds surplus to the NAA's requirements. The Schedule 1 of the Instrument specifies this reduction in detail. The primary obligations imposed by this instrument are centred around the formal request and subsequent determination process. As per the legislative authority, the Minister for Finance and Deregulation is empowered to make such a determination upon receiving a written request from the Minister responsible for the agency in question. In this case, the Minister for Privacy and Freedom of Information formally requested the reduction, and the Minister for Finance and Deregulation acted on this request by making the determination. The Instrument also stipulates that the NAA was consulted during the preparation of this legislative instrument, ensuring transparency and stakeholder involvement. The instrument outlines specific consequences for any breaches of the terms set forth within it. Although the Instrument itself does not detail explicit penalties for non-compliance, it is a disallowable instrument. This means that either House of Parliament can review and potentially disallow the instrument. Additionally, while the Instrument does not specify criminal or civil penalties for breaches, the underlying legislation or other relevant laws may provide for penalties in the event of non-compliance with legislative requirements. The Instrument’s Schedule lists the affected agency, the relevant appropriation Act, the appropriation item, and the amount by which it is reduced. This structured approach ensures clarity and accountability in the appropriation process. The Minister for Finance and Deregulation’s authority to make such determinations underscores the importance of financial oversight and the efficient use of public funds. The Instrument's disallowable nature also highlights the role of parliamentary scrutiny in maintaining checks and balances within the legislative framework.