Determination to Reduce Appropriations Upon Request (No. 12 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 12 of 2008-2009) was enacted on 30 January 2009 under the authority of the Minister for Finance and Deregulation, pursuant to subsection 13(2) of the Annual Appropriation Act (No. 2) 2008-2009. This legislative instrument was introduced to address a specific budgetary adjustment request concerning the Australian Government Superannuation entity, ComSuper. The Commissioner for Superannuation had requested the Finance Minister to reduce ComSuper's other departmental item (Equity Injections) in the Appropriation Act (No. 2) 2008-2009, following a decision to not proceed with the 2007-08 Budget measure aimed at strengthening information technology capacity. The purpose of this instrument is to implement the requested reduction of $3,907,628 in the appropriation item, ensuring compliance with the legislative process and involving the relevant agency, ComSuper, in its preparation.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 12 of 2008-2009), issued under the authority of the Minister for Finance and Deregulation, pertains specifically to the Commonwealth entity known as ComSuper. This legislative instrument serves to reduce the "other departmental item" (Equity Injections) for ComSuper as outlined in the Appropriation Act (No. 2) 2008-2009 by $3,907,628. The instrument is a Legislative Instrument, and as such, it is subject to disallowance. The decision to reduce the appropriation was made in response to a written request from the Commissioner for Superannuation, in accordance with the provisions of subsection 13(2) of the Appropriation Act. The instrument is designed to be applied narrowly to the specific appropriation item and entity in question, with ComSuper being the sole entity affected by this determination. Given that this is a Commonwealth instrument, its jurisdictional reach is limited to the national level, affecting only federal entities and their financial appropriations as specified.

Key Provisions

The primary operative sections of the Determination to Reduce Appropriations Upon Request (No. 12 of 2008-2009) are found under subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009. This section allows the Minister for Finance and Deregulation to reduce an administered assets and liabilities item or an other departmental item. This authority is exercised based on a written request from the responsible Minister for the agency or the Chief Executive of the agency, if the Finance Minister is responsible for the agency (subsection 13(1)). The determination made under this subsection is a Legislative Instrument and can be disallowed. In this specific instance, the Determination reduces the other departmental item (Equity Injections) for ComSuper in the Appropriation Act (No. 2) 2008-2009 by $3,907,628. This action was taken following a request from the Commissioner for Superannuation on 12 December 2008. The request was made because the government decided not to proceed with the 2007-08 Budget measure concerning Australian Government Superannuation and the strengthening of information technology capacity. The obligations imposed by this Act are straightforward. The Finance Minister must make the determination in accordance with the written request from the responsible Minister or the Chief Executive of the agency if the Finance Minister is responsible for the agency. The Commissioner for Superannuation submitted the necessary request, and ComSuper was consulted in the preparation of the Instrument, as required by the Legislative Instruments Act 2003. The Act also outlines the consequences of not complying with the statutory requirements. Any breach of the obligations and requirements imposed by this Determination could lead to civil or criminal consequences, although specific penalties are not stated in the explanatory statement. The nature and extent of these consequences would depend on the specific circumstances of the breach. However, given the legislative framework, it is likely that penalties could include fines or other legal actions as deemed appropriate by the courts.