Determination to Reduce Appropriations Upon Request (No. 14 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 14 of 2008-2009), made on 19 January 2009 under the authority of the Minister for Finance and Deregulation, addresses the need for financial adjustments in response to savings and underspends in specific government initiatives. The instrument, authorised by subsection 11(1) of annual Appropriation Acts (No. 2) and (No. 4), permits the Minister to reduce administered assets and liabilities items or other departmental items as per a written request from the responsible Minister. This legislative instrument, which is disallowable, aims to efficiently reallocate budgetary resources based on actual spending patterns and savings realised from specific projects. The determinations made under this instrument reflect financial adjustments requested by the Minister for Education, Employment and Workplace Relations and Social Inclusion, focusing on savings from the National Radioactive Waste Repository and underspends in Northern Territory Emergency Response initiatives.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 14 of 2008-2009) applies specifically to entities within the Australian government, namely the Department of Education, Science and Training (DEST) and the Department of Education, Employment and Workplace Relations (DEEWR), as listed in the instrument's Schedules. The instrument is applicable to appropriations items within these departments under specified Appropriation Acts, allowing for reductions in administered assets and liabilities items and other departmental items based on written requests from the responsible Ministers. The reductions are confined to the particular financial years mentioned, impacting specific appropriation acts, including the Appropriation Act (No. 4) 2003-2004, Appropriation Act (No. 4) 2005-2006, and Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008. The instrument is made under the authority of the Minister for Finance and Deregulation, pursuant to Subsection 11(1) of the annual Appropriation Acts (No. 2) and (No. 4), and each entity was consulted in the preparation of this instrument as per the Legislative Instruments Act 2003. The reductions are targeted, with the Department of Education, Science and Training seeing a reduction of $4,819,999.90 under Appropriation Act (No. 4) 2003-2004, a further $266.20 under Appropriation Act (No. 4) 2005-2006, and the Department of Education, Employment and Workplace Relations seeing a reduction of $2,783,252 under Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008, all related to specific savings and underspends.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 14 of 2008-2009) is a legislative instrument made under subsection 11(1) of annual Appropriation Acts (No. 2) and (No. 4). This determination allows the Minister for Finance and Deregulation to reduce certain appropriations items for specific entities as per a written request from the responsible Minister. The reductions were made for the Department of Education, Science and Training (DEST) and the Department of Education, Employment and Workplace Relations (DEEWR) in various appropriation acts. Specifically, Schedule 1, Item 1 of the Instrument reduces the administered assets and liabilities item for DEST in Appropriation Act (No. 4) 2003-2004 by $4,819,999.90, Schedule 2, Item 1 reduces the same item for DEST in Appropriation Act (No. 4) 2005-2006 by $266.20, and Schedule 3, Item 1 reduces the other departmental item (Equity Injections) for DEEWR in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 by $2,783,252. The obligations under this Act require that the determination to reduce appropriations be in accordance with a written request from the relevant Minister. In this case, the Minister for Education, Employment and Workplace Relations and Social Inclusion made requests on 18 December 2008 for the reductions in appropriation items related to savings associated with the National Radioactive Waste Repository and underspends in Northern Territory Emergency Response initiatives. The Finance Minister is required to make the determination based on these requests, ensuring that the reductions are made as specified. Furthermore, the instrument is a Legislative Instrument and is disallowable, meaning it can be disallowed by either house of Parliament. Breaching the requirements of this Act can lead to civil and criminal consequences. While the explanatory statement does not detail specific offences or penalties, the general framework of Australian legislation suggests that failure to comply with a disallowable legislative instrument could result in legal action. Typically, penalties for breaches of such instruments can include fines or other sanctions as prescribed by relevant legislation. The maximum penalties would depend on the specific nature of the breach and any additional laws that may apply. It is also worth noting that any actions taken under this determination must be transparent and in line with the legislative authority provided, ensuring accountability and adherence to legal standards.