Overview

The Determination to Reduce Appropriations Upon Request (No. 11 of 2010-2011) was enacted on 29 March 2011, pursuant to subsection 11(1) of the Appropriation Act (No. 4) 2005-2006, and subsections 9(1) and 10(2) of the Appropriation Act (No. 3) 2007-2008 and 2008-2009. The primary objective of this legislation was to address an identified surplus in the appropriation items for the Department of Foreign Affairs and Trade (DFAT) following the acquittal of the No Win No Loss funding for the “Nauru-Upgrade of Consulate-General” measure. This surplus arose after the completion of related activities and funding from 2005-06 to 2008-09. The Minister for Finance and Deregulation, in response to a request from the Minister for Foreign Affairs, reduced the departmental appropriation for DFAT across three financial years, thereby reallocating the surplus funds. The determination was made to ensure efficient use of government resources and to align the departmental appropriations with actual requirements.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 11 of 2010-2011) applies to the Department of Foreign Affairs and Trade, specifically targeting the surplus funds identified in its appropriation items across three financial years. This legislative instrument is crafted under the authority provided by the Appropriation Act, enabling the Minister for Finance and Deregulation to reduce specified appropriations upon request from the relevant Minister for Foreign Affairs. The instrument reduces certain departmental items in the Appropriation Acts (No. 3) 2007-2008, (No. 3) 2008-2009, and (No. 4) 2005-2006 by amounts totalling $544,847, $628,209, and $2,808,000 respectively, following the identification of excess funds post the acquittal of No Win No Loss funding related to the "Nauru-Upgrade of Consulate-General" measure. The reduction affects the Commonwealth level and is executed through the specified schedules detailing the affected appropriation items and the reduction amounts. The instrument is disallowable and follows the consultation requirements outlined in the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of this legislation (Schedule 1, 2 and 3) pertain to the reduction of appropriations for the Department of Foreign Affairs and Trade (DFAT) in various Appropriation Acts. Specifically, Schedule 1 reduces an "other departmental item" by $544,847 in Appropriation Act (No. 4) 2005-2006, Schedule 2 reduces a "departmental item" by $628,209 in Appropriation Act (No. 3) 2007-2008, and Schedule 3 reduces a "departmental item" by $2,808,000 in Appropriation Act (No. 3) 2008-2009. These reductions are made at the request of the Minister for Foreign Affairs and are based on the identification of surplus funds following the acquittal of the "No Win No Loss" funding related to the "Nauru-Upgrade of Consulate-General" measure. The Act imposes specific obligations on the parties involved, primarily the Minister for Finance and Deregulation and the Minister for Foreign Affairs. The Minister for Finance and Deregulation is required to make a determination to reduce the appropriation items upon receiving a written request from the Minister for Foreign Affairs. This determination must be made in accordance with the provisions of the Appropriation Acts referenced. The Minister for Foreign Affairs must submit a written request specifying the exact amounts to be reduced in each appropriation item, which must then be processed and implemented by the Minister for Finance and Deregulation. Breach of the requirements stipulated in the Act could lead to civil or criminal consequences. Under the Legislative Instruments Act 2003, the making of determinations that are not in compliance with the legislative authority could be subject to disallowance. However, the specific penalties for non-compliance are not detailed in the provided text. The Department of Foreign Affairs and Trade was consulted in the preparation of this instrument, ensuring that the reductions are based on accurate and verified information.