Overview
The Determination to Reduce Appropriations Upon Request (No. 11 of 2008-2009) was enacted in 2009 under the authority of the Minister for Finance and Deregulation, pursuant to Subsection 10(2) of the annual Appropriation Act (No. 1) 2008-2009. This legislative instrument was introduced in response to a specific request by the Commissioner for Superannuation, who sought a reduction in ComSuper’s departmental item due to a decision not to proceed with a previously proposed budget measure. The instrument aims to address the financial implications arising from this change in government policy, ensuring that the appropriations reflect the altered operational priorities. The reduction in the departmental item for ComSuper by $1,422,845 aligns with the policy objective of adjusting budgetary allocations to match current fiscal strategies and priorities.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 11 of 2008-2009) applies to the Commonwealth Superannuation Corporation (ComSuper), an agency under the jurisdiction of the Minister for Finance and Deregulation. The instrument specifically targets a reduction in ComSuper's departmental item within the Appropriation Act (No. 1) 2008-2009, as requested by the Commissioner for Superannuation. This legislation operates within the Commonwealth jurisdiction, directly impacting the budgetary allocations of the specified agency. The scope of the Act is confined to the financial year 2008-2009 and the particular appropriation item identified in the Schedule 1 of the Act. The reduction amount of $1,422,845 is a direct consequence of a government decision to not proceed with the previously budgeted measure concerning the enhancement of information technology capacity. The Act does not extend to any other entities or financial measures outside the specified appropriation item. The Act operates under the legislative authority granted by subsection 10(2) of the annual Appropriation Act (No. 1) 2008-2009, with ComSuper being 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. 11 of 2008-2009) primarily concerns the reduction of a departmental item for ComSuper under the Appropriation Act (No. 1) 2008-2009. According to section 10(2) of the Act, the Minister for Finance and Deregulation can reduce a departmental item upon a written request from the responsible Minister or, if applicable, the Chief Executive of the agency. In this case, the departmental item for ComSuper is reduced by $1,422,845 (Schedule 1, Item 1). This decision was made in response to a request by the Commissioner for Superannuation, who asked for the reduction due to a government decision not to proceed with a specific budget measure from 2007-08 (section 10(1)).
The Act imposes several obligations and requirements on the parties involved. Firstly, any reduction of a departmental item must be in accordance with a written request from the responsible Minister or Chief Executive of the agency, as stipulated in section 10(1). Secondly, the reduction must be made under the legislative authority provided by subsection 10(2) of the Appropriation Act. Additionally, the Act mandates that ComSuper was consulted in the preparation of this Instrument, in line with the Legislative Instruments Act 2003. These requirements ensure that the process of reducing departmental items is both transparent and follows the legislative framework established by the Appropriation Act and other relevant laws.
The Act also outlines potential consequences for breaches, though the specific penalties are not detailed in the provided text. Generally, the Act stipulates that a determination made under subsection 10(2) is a Legislative Instrument and is subject to disallowance. This means that the instrument can be annulled by either House of Parliament if they pass a disallowance resolution within the specified period. Such disallowance would render the determination invalid, underscoring the importance of adhering to the legislative requirements when making such determinations. While the text does not specify maximum penalties for breaches, the risk of disallowance serves as a significant deterrent against non-compliance.