Determination to Reduce Appropriations Upon Request (No. 19 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 19 of 2008-2009) was enacted on 10 March 2009, pursuant to subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009. This legislative instrument was introduced to address a specific budgetary requirement identified by the Assistant Treasurer, Minister for Competition Policy and Consumer Affairs, who requested a reduction in the Australian Competition and Consumer Commission's (ACCC) other departmental item (Equity Injections) under the appropriation act. The policy objective of this instrument is to facilitate the reallocation of funds within the federal budget in response to identified savings, specifically from the 'Petrol price monitoring – FuelWatch measure'. This determination was made in consultation with the ACCC as required by the Legislative Instruments Act 2003, and it reduces the appropriation item for ACCC by $356,000.00.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 19 of 2008-2009) applies specifically to the Australian Competition and Consumer Commission (ACCC), reducing a particular appropriation item within the Commonwealth's financial framework. This instrument, made under the authority of the Minister for Finance and Deregulation, pertains to the reduction of an other departmental item, namely the Equity Injections, for the ACCC in the Appropriation Act (No. 2) 2008-2009. The reduction, amounting to $356,000.00, was requested by the Assistant Treasurer, Minister for Competition Policy and Consumer Affairs, and follows savings associated with the 'Petrol price monitoring – FuelWatch measure'. The instrument is a legislative instrument and is disallowable, requiring consultation with the affected agency, ACCC, in its preparation as mandated by the Legislative Instruments Act 2003. This determination does not extend beyond the specified reduction for the ACCC and is limited to the appropriations outlined in the Act.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 19 of 2008-2009) is a legislative instrument made under subsection 13(2) of the Appropriation Act (No. 2) 2008-2009. This particular instrument reduces the other departmental item for the Australian Competition and Consumer Commission (ACCC) by $356,000.00. Specifically, Schedule 1, Item 1 of the instrument details that the equity injections item for the ACCC is to be reduced by this amount (section 1). The instrument was made following a written request by the Assistant Treasurer, Minister for Competition Policy and Consumer Affairs, dated 3 February 2009, to the Minister for Finance and Deregulation, who is authorised to make such determinations under the legislation (section 3). The obligations imposed by this Act on the involved parties are primarily administrative and procedural. The Minister for Finance and Deregulation must act in accordance with the written request from the relevant Minister or Chief Executive Officer of the agency in question (subsection 13(1)). The instrument also mandates consultation with the affected agency, in this case, the ACCC, during its preparation, as required by the Legislative Instruments Act 2003 (section 5). This ensures transparency and adherence to legislative requirements during the appropriation reduction process. Failure to comply with the legislative requirements set out in the instrument could result in civil or criminal consequences. The instrument is disallowable, meaning it can be annulled by either house of Parliament if not properly made (subsection 13(2)). Additionally, any misuse of funds or improper reduction of appropriations could lead to further legal consequences, including penalties for misconduct or breaches of the Appropriation Act. The maximum penalties for such breaches are not explicitly stated in this particular instrument but could be found under the relevant sections of the Appropriation Act (No. 2) 2008-2009.