Determination to Reduce Appropriations Upon Request (No. 16 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 16 of 2008-2009), issued on 6 March 2009, was enacted under the authority of the Minister for Finance and Deregulation. This legislative instrument was introduced to address surplus funds within the Department of the Prime Minister and Cabinet (PM&C) that were no longer required. As per a request from the Parliamentary Secretary to the Prime Minister dated 12 February 2009, the Finance Minister made a determination to reduce PM&C's departmental items in the Appropriation Act (No. 1) 2005-2006 and Appropriation Act (No. 3) 2005-2006 by $16,300,334.33 and $3,566,779.67 respectively. The policy objective, in this case, was to reallocate unneeded funds provided for the Asia-Pacific Economic Cooperation Taskforce, ensuring fiscal efficiency and proper resource management. The instrument is disallowable and was prepared with consultation from PM&C, in accordance with the Legislative Instruments Act 2003.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 16 of 2008-2009) applies to the Department of the Prime Minister and Cabinet (PM&C) as directed by the responsible Minister. This determination reduces specific departmental items within the Appropriation Act (No. 1) 2005-2006 and Appropriation Act (No. 3) 2005-2006, made in accordance with a written request from the Parliamentary Secretary to the Prime Minister. The reductions are made pursuant to subsection 9(1) of the annual Appropriation Acts, allowing for the reduction of departmental items based on surplus funds no longer required, specifically those allocated for the Asia-Pacific Economic Cooperation Taskforce. The instrument reduces the PM&C's departmental items by $16,300,334.33 in the first Act and by $3,566,779.67 in the third Act. The instrument is geographically and jurisdictionally confined to the Commonwealth of Australia, affecting only the appropriations as outlined within the specified Acts. Subordinate instruments may further detail or extend the application of this determination, though no such provisions are mentioned in the explanatory statement.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 16 of 2008-2009) is a legislative instrument made under subsection 9(1) of annual Appropriation Acts (No. 1) and (No. 3) 2005-2006. This instrument was made on 6 March 2009 by the Minister for Finance and Deregulation and allows for the reduction of appropriations for specific departmental items. The reductions are to be carried out in response to a written request from the responsible Minister for the entity involved. The reductions are outlined in Schedule 1 and Schedule 2 of the instrument. Specifically, Schedule 1, Item 1 reduces the departmental item for the Department of the Prime Minister and Cabinet (PM&C) in Appropriation Act (No. 1) 2005-2006 by $16,300,334.33, and Schedule 2, Item 1 reduces the departmental item for PM&C in Appropriation Act (No. 3) 2005-2006 by $3,566,779.67. The reductions are due to surplus funds that are no longer required for the Asia-Pacific Economic Cooperation Taskforce. The obligations and requirements imposed by this instrument include the necessity for a written request from the responsible Minister for the entity before any reduction can be made. The reductions must also be in accordance with the legislative authority specified in the Appropriation Acts. The instrument ensures that the Department of the Prime Minister and Cabinet is consulted during the preparation of this instrument, as required by the Legislative Instruments Act 2003. This consultation ensures that the entity’s concerns and requirements are considered before any reductions are implemented. The instrument also imposes specific consequences for breaches of its provisions. As a Legislative Instrument, it is subject to disallowance by Parliament. This means that either house of Parliament can review and potentially reject the instrument within a specified period. Furthermore, any unauthorised alterations to the instrument or its provisions are considered serious offences. The penalties for such offences are determined by the applicable laws and can include fines and imprisonment, depending on the severity of the breach. These legal consequences underscore the importance of adhering to the terms and requirements of the instrument.