Determination to Reduce Appropriations Upon Request (No. 13 of 2008-2009)

Administered by Department of Finance

Legislation au F2009L00422 Not in force Legislative Instrument

Legislation content

 

 

Issued by the authority of the Minister for Finance and Deregulation

 

The instrument to which this explanatory statement relates

 

Determination to Reduce Appropriations Upon Request
(No. 13 of 2008-2009)

Date instrument was made

 

19 January 2009

The legislative authority under which the instrument is made

 

Subsection 9(1) of annual Appropriation Act (No. 1) enables the Minister for Finance and Deregulation (Finance Minister) to make a determination reducing a departmental item. 

 

A determination made under subsection 9(1) must be in accordance with a written request made to the Finance Minister by the responsible Minister for the entity.

 

A determination made under subsection 9(1) is a Legislative Instrument and is disallowable.

 

Purpose and effect of the instrument

 

Schedule 1, Item 1 of the Instrument determines that the departmental item for the Department of Employment and Workplace Relations (DEWR) in Appropriation Act (No. 1) 2004-2005 be reduced by $1,632,823.

The effect of this Instrument is to reduce the departmental item for DEWR in Schedule 1 of Appropriation Act (No. 1) 2004-2005 by the amount of $1,632,823.

 

Schedule 2, Item 1 of the Instrument determines that the departmental item for DEWR in Appropriation Act (No. 1) 2005-2006 be reduced by $1,653,279.

The effect of this Instrument is to reduce the departmental item for DEWR in Schedule 1 of Appropriation Act (No. 1) 2005-2006 by the amount of $1,653,279.

 

Schedule 3, Item 1 of the Instrument determines that the departmental item for DEWR in Appropriation Act (No. 1) 2006-2007 be reduced by $78,849,450.

The effect of this Instrument is to reduce the departmental item for DEWR in Schedule 1 of Appropriation Act (No. 1) 2006-2007 by the amount of $78,849,450.

 

Schedule 4, Item 1 of the Instrument determines that the departmental item for the Department of Education, Employment and Workplace Relations (DEEWR) in Appropriation Act (No. 1) 2007-2008 be reduced by $80,140,379.

The effect of this Instrument is to reduce the departmental item for DEEWR in Schedule 1 of Appropriation Act (No. 1) 2007-2008 by the amount of $80,140,379.

 

Schedule 4, Item 2 of the Instrument determines that the departmental item for the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS) in Appropriation Act (No. 1) 2007-2008 be reduced by $55,000.

The effect of this Instrument is to reduce the departmental item for AIATSIS in Schedule 1 of Appropriation Act (No. 1) 2007-2008 by the amount of $55,000.

 

Schedule 5, Item 1 of the Instrument determines that the departmental item for DEEWR in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 be reduced by $19,514,461.

The effect of this Instrument is to reduce the departmental item for DEEWR in Schedule 1 of Appropriation (Northern Territory National Emergency Response) Act (No. 1)
2007-2008 by the amount of $19,514,461.

Background

The Minister for Education, Employment and Workplace Relations and Social Inclusion wrote to the Finance Minister on 18 December 2008 requesting a determination to reduce DEWR’s departmental item under Appropriation Act (No. 1) 2004-2005. 

The request was made due to savings relating to the return of funds provided for the measure Disability Support Pension offset by additional funding provided for Centrelink for delivery of services and 2005-2006 Budget measures.

 

The Minister for Education, Employment and Workplace Relations and Social Inclusion wrote to the Finance Minister on 18 December 2008 requesting a determination to reduce DEWR’s departmental item under Appropriation Act (No. 1) 2005-2006. 

The request was made due to savings relating to the return of funding for Centrelink for delivery of services and unspent advertising expenditure offset by additional funding provided for Budget measures.

 

The Minister for Education, Employment and Workplace Relations and Social Inclusion wrote to the Finance Minister on 18 December 2008 requesting a determination to reduce DEWR’s departmental item under Appropriation Act (No. 1) 2006-2007. 

The request was made due to savings relating to the return of funding for Centrelink for delivery of services and unspent advertising and legal expenditure offset by additional funding provided for Budget measures.

 

The Minister for Education, Employment and Workplace Relations and Social Inclusion wrote to the Finance Minister on 18 December 2008 requesting a determination to reduce DEEWR’s departmental item under Appropriation Act
(No. 1) 2007-2008. 

The request was made due to savings relating to the return of funding for Centrelink for delivery of services, unspent advertising expenditure and the measure Responsible Economic Management – pilot program addressing undeclared business income and assets - cessation offset by additional funding provided for Budget measures.

 

The Minister for Innovation, Industry, Science and Research wrote to the Finance Minister on 15 December 2008 requesting a determination to reduce AIATSIS’s departmental item under Appropriation Act (No. 1) 2007-2008. 

The request was made due to the application of the two percent efficiency dividend.

 

The Minister for Education, Employment and Workplace Relations and Social Inclusion wrote to the Finance Minister on 18 December 2008 requesting a determination to reduce DEEWR’s departmental item under Appropriation (Northern Territory National Emergency Response) Act (No. 1)
2007-2008.

The request was made due to underspends in Northern Territory Emergency Response initiatives.

Notes on the Instrument

The Schedules to the Instrument lists the entities to which a determination applies. The entities are listed alphabetically, by portfolio.

Each entity’s reduction determination table is contained within an individual provision. Each provision provides that the entity in column 1, has the appropriation item in column 2, under the legislative authority in column 3, through the request by the responsible Minister in Column 4, reduced, by the amount in column 5.

In accordance with the Legislative Instruments Act 2003, each entity identified in Column 1 of the Instrument was consulted in the preparation of this Instrument.

 

Overview

The Determination to Reduce Appropriations Upon Request (No. 13 of 2008-2009) was enacted on 19 January 2009 by the Minister for Finance and Deregulation under the legislative authority of subsection 9(1) of the annual Appropriation Act (No. 1). This legislative instrument was introduced to address budgetary savings and reallocations across various departments and entities for the financial years 2004-2005 to 2007-2008. The primary objective of this instrument was to reduce appropriations as requested by the relevant ministers, which included savings from the return of funds and unspent allocations, and adjustments made in response to specific budgetary measures and efficiency dividends. This was a response to the need for fiscal discipline and reallocation of resources to ensure financial prudence and accountability in government spending.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 13 of 2008-2009) applies to specific departmental items within various government entities, as listed in the schedules of the instrument. These entities include the Department of Employment and Workplace Relations (DEWR), the Department of Education, Employment and Workplace Relations (DEEWR), and the Australian Institute of Aboriginal and Torres Strait Islander Studies (AIATSIS). The instrument was enacted under the legislative authority of Subsection 9(1) of the annual Appropriation Act (No. 1), enabling the Minister for Finance and Deregulation to reduce departmental appropriations based on written requests from responsible Ministers. The instrument operates within the Commonwealth jurisdiction, affecting the allocation of funds across several fiscal years from 2004-2005 to 2007-2008. Each schedule specifies the entity, the appropriation item to be reduced, the legislative authority, the request by the responsible Minister, and the amount of reduction. The instrument is disallowable and was subject to consultation with the affected entities as required by the Legislative Instruments Act 2003.

Key Provisions

The main operative sections of the Determination to Reduce Appropriations Upon Request (No. 13 of 2008-2009) involve specific reductions to the departmental items of various government entities as outlined in the schedules of the instrument. For example, Section 1 of Schedule 1 reduces the Department of Employment and Workplace Relations (DEWR) item under the Appropriation Act (No. 1) 2004-2005 by $1,632,823. Similarly, Section 1 of Schedule 2 reduces the DEWR item under the Appropriation Act (No. 1) 2005-2006 by $1,653,279, and so on for other entities and financial years. Each schedule specifies the entity, the appropriation item, the legislative authority, the request made by the responsible Minister, and the amount of the reduction. The obligations imposed on the parties governed by this Act primarily revolve around the financial management and budgetary control of the specified departments and entities. The responsible Ministers must submit written requests to the Minister for Finance and Deregulation detailing the reasons for the appropriation reductions. Once a determination is made under subsection 9(1) of the annual Appropriation Act, the reductions must be implemented as specified in the instrument. Additionally, each entity listed in the schedules must comply with the financial adjustments as stipulated by the determination. Breaches of the provisions under this Act may lead to civil or criminal consequences, although specific offences and penalties are not detailed within the explanatory statement. Generally, failing to comply with a legislative instrument can result in penalties, including fines or other sanctions as prescribed by relevant laws. The maximum penalties, however, are not explicitly stated in this document. The instrument itself is a Legislative Instrument and, as such, is subject to disallowance by Parliament, which provides a mechanism for review and potential nullification of the determination if deemed inappropriate or unlawful.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.