Determination to Reduce Appropriations Upon Request (No. 18 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 18 of 2008-2009) was enacted in 2009 under the authority of the Minister for Finance and Deregulation. This instrument was introduced to address a specific request for a reduction in appropriations for the Australian Competition and Consumer Commission (ACCC) under the Appropriation Act (No. 1) 2008-2009. The purpose of this legislation was to reduce the departmental item for the ACCC by $7,936,000.00, reflecting savings related to the ‘Petrol price monitoring – FuelWatch’ and ‘Criminal cartel enforcement – investigations and prosecutions’ measures. The decision was made in accordance with a written request from the Assistant Treasurer, Minister for Competition Policy and Consumer Affairs, to the Minister for Finance and Deregulation, and is a disallowable Legislative Instrument. The ACCC was consulted during the preparation of this instrument in line with the Legislative Instruments Act 2003.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 18 of 2008-2009) applies to the Australian Competition and Consumer Commission (ACCC), a Commonwealth authority responsible for enforcing consumer protection and competition laws. The instrument reduces the departmental item for the ACCC under the Appropriation Act (No. 1) 2008-2009 by $7,936,000.00, as requested by the Minister for Competition Policy and Consumer Affairs. This reduction relates specifically to savings from the 'Petrol price monitoring – FuelWatch' and 'Criminal cartel enforcement – investigations and prosecutions' measures. The instrument operates within the legislative authority provided by subsection 10(2) of the annual Appropriation Act (No. 1) 2008-2009, which empowers the Minister for Finance and Deregulation to make such a determination upon a written request from the relevant Minister. The ACCC was consulted in the preparation of this instrument as required by the Legislative Instruments Act 2003. The instrument is a Legislative Instrument and is subject to disallowance.

Key Provisions

The main operative sections of this legislation are found in Schedule 1, Item 1, which stipulates a reduction of $7,936,000.00 from the Australian Competition and Consumer Commission’s (ACCC) departmental item under the Appropriation Act (No. 1) 2008-2009 (section 1). This reduction is made pursuant to a request by the Assistant Treasurer, Minister for Competition Policy and Consumer Affairs, who wrote to the Minister for Finance and Deregulation on 3 February 2009 (section 3). The reduction is intended to reflect savings associated with the ‘Petrol price monitoring – FuelWatch’ and ‘Criminal cartel enforcement – investigations and prosecutions’ measures (section 3). This Act imposes specific obligations on the Minister for Finance and Deregulation, who must make the determination in accordance with a written request from the responsible Minister for the agency or, if the Finance Minister is responsible for the agency, the Chief Executive of the agency (subsection 10(2)). The Act specifies that the reduction is to be applied to the ACCC’s departmental item as detailed in the request, and it must be made in accordance with the Legislative Instruments Act 2003, which includes consulting with the ACCC (section 6). The ACCC was indeed consulted during the preparation of this Instrument (section 6). The Act also outlines the consequences for non-compliance, although specific offences, penalties, or civil/criminal consequences are not detailed within the explanatory statement. However, it is noted that a determination made under subsection 10(2) is a Legislative Instrument and is disallowable (section 4). This means that if the determination is not in accordance with the legislative authority or if there is any procedural flaw, it can be subject to disallowance by Parliament. The Act does not specify a particular maximum penalty for breaches but implies that such determinations must strictly adhere to the legislative framework provided.