Overview
The Determination to Reduce Appropriations Upon Request (No. 15 of 2008-2009) was enacted on 19 January 2009, under the legislative authority of the Minister for Finance and Deregulation pursuant to subsection 12(2) of the annual Appropriation Act (No. 4) 2003-2004. This legislation was introduced to address a specific financial adjustment request from a government department. The policy objective behind this determination is to facilitate efficient fiscal management by allowing the Minister for Finance and Deregulation to adjust the appropriations of government entities based on written requests from the relevant departmental ministers. In this particular instance, the determination responds to a request from the Minister for Education, Employment and Workplace Relations and Social Inclusion, seeking to reduce the administered assets and liabilities item for the Department of Education, Science and Training by $490,000, reflecting savings related to the National Radioactive Waste Repository.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 15 of 2008-2009) applies specifically to the Department of Education, Science and Training (DEST) within the Commonwealth of Australia. This instrument is enacted under subsection 12(2) of the Appropriation Act (No. 4) 2003-2004, enabling the Minister for Finance and Deregulation to reduce an administered assets and liabilities item in a prior year's appropriation act for a specified entity upon receiving a written request from the Minister responsible for that entity. This legislative instrument is a response to a written request from the Minister for Education, Employment and Workplace Relations and Social Inclusion, dated 18 December 2008, seeking a reduction of $490,000 in DEST's administered assets and liabilities item under the Appropriation Act (No. 2) 2003-2004, relating to savings associated with the National Radioactive Waste Repository. The reduction is a Legislative Instrument and is subject to disallowance, meaning it can be annulled by resolution of either House of the Parliament.
Key Provisions
The main operative sections of the Determination to Reduce Appropriations Upon Request (No. 15 of 2008-2009) pertain to the reduction of an administered assets and liabilities item in the Appropriation Act (No. 2) 2003-2004 for the Department of Education, Science and Training (DEST). Section 12(2) of the annual Appropriation Act (No. 4) 2003-2004 empowers the Minister for Finance and Deregulation to make such a determination upon receiving a written request from the Minister responsible for the entity. This instrument specifically reduces the administered assets and liabilities item for DEST by $490,000, as outlined in Schedule 1, Item 1. The determination is in response to a written request from the Minister for Education, Employment and Workplace Relations and Social Inclusion dated 18 December 2008, relating to savings associated with the National Radioactive Waste Repository.
The obligations and requirements imposed by the Act on the parties involved are clear and straightforward. The Finance Minister must act upon a written request from the responsible Minister for the entity to make a determination reducing the appropriation item. The determination itself must be in accordance with the written request and must specify the entity, the appropriation item, the legislative authority, the request by the responsible Minister, and the amount of the reduction. Furthermore, the Department of Education, Science and Training was consulted in the preparation of this Instrument, as mandated by the Legislative Instruments Act 2003. This ensures that the affected entity has been considered and that the determination is both necessary and justified.
Offences, penalties, or consequences for breach of this Determination are not explicitly detailed within the explanatory statement. However, it is noted that a determination made under subsection 12(2) is a Legislative Instrument and is disallowable. This implies that if the determination were to be challenged or deemed improper, it could be annulled through the disallowance process. While the explanatory statement does not specify maximum penalties for breach, the disallowance mechanism provides a formal process to address any non-compliance or improper application of the Determination. The consequences of such disallowance could include the nullification of the determination and potential repercussions for the responsible Ministers involved in its creation and execution.