Overview

The Determination to Reduce Appropriations Upon Request (No. 17 of 2010-2011) was enacted on 7 June 2011 by the Minister for Finance and Deregulation, pursuant to the legislative authority granted under the Appropriation Act (No. 2) 2008-2009 and the Appropriation Act (No. 1) 2009-2010. This legislative instrument aims to address the issue of surplus appropriations within the Australian Public Service Commission (APSC), as identified by the Special Minister of State. The policy objective behind this determination is to reallocate financial resources more efficiently by reducing appropriations that are deemed unnecessary. This process was initiated following a request from the Minister responsible for the APSC, leading to the specified reductions in the appropriation items for the years 2008-2009 and 2009-2010, as detailed in the accompanying schedules. The APSC was duly consulted in the preparation of this instrument, ensuring their input was considered in the decision-making process.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 17 of 2010-2011) applies to the Australian Public Service Commission (APSC), reducing specified appropriations as per the written request from the Minister responsible for the agency. This legislative instrument, made under the authority of the Appropriation Act (No. 2) 2008-2009 and Appropriation Act (No. 1) 2009-2010, specifically targets the APSC's budgetary allocations. The reductions, amounting to $52,000 for the 2008-2009 financial year and $175,000 for the 2009-2010 financial year, are based on advice from the Special Minister of State that these funds are surplus to the APSC's requirements. The instrument follows the necessary consultation with the APSC in line with the Legislative Instruments Act 2003 and is a disallowable legislative instrument. It does not extend to any other entities or industries, and its scope is limited to the specified appropriations for the APSC within the Commonwealth jurisdiction.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 17 of 2010-2011) is a legislative instrument made under the authority provided by subsection 13(2) of the Appropriation Act (No. 2) 2008-2009 and subsection 10(2) of the Appropriation Act (No. 1) 2009-2010. This instrument specifies reductions in appropriations for the Australian Public Service Commission (APSC) as recommended by the Special Minister of State. Pursuant to the provisions in the Appropriation Acts, the Finance Minister has the power to make such a determination following a written request from the Minister responsible for the APSC. The determinations made under this instrument are legislative instruments and are subject to disallowance. The primary operative sections of this legislation are Schedule 1 and Schedule 2, which specify the reductions in appropriations. Schedule 1 reduces the other departmental item (Previous Years’ Outputs) for the APSC in the Appropriation Act (No. 2) 2008-2009 by $52,000, while Schedule 2 reduces the departmental item for the APSC in the Appropriation Act (No. 1) 2009-2010 by $175,000. These reductions are based on the advice from the Special Minister of State that the amounts are surplus to the requirements of the APSC. The Act imposes several obligations and requirements on the parties involved. Firstly, the Special Minister of State must advise the Finance Minister of any surplus appropriations. The Finance Minister, upon receiving a written request from the responsible Minister for the APSC, is required to make a determination to reduce the appropriations as specified. The APSC must be consulted in the preparation of the instrument, as mandated by the Legislative Instruments Act 2003. The determinations are documented in Schedules 1 and 2, listing the affected agency, the appropriation Act and item, the request by the responsible Minister, and the reduction amount. There are no explicit offences, penalties, or consequences for breach stated in the explanatory statement. However, as the determinations are legislative instruments, they are subject to disallowance under the Legislative Instruments Act 2003. This means that either House of Parliament may disallow the instrument within the specified period, rendering it ineffective. The lack of specified penalties in the explanatory statement suggests that the primary focus is on fiscal efficiency and ensuring that government spending aligns with actual requirements.