Overview
The Determination to Reduce Appropriations Upon Request (No. 2 of 2009-2010) was enacted in 2009 to address an excess appropriation for passport services within the Department of Foreign Affairs and Trade (DFAT). This legislative instrument, issued under the authority of the Minister for Finance and Deregulation, was made in accordance with the legislative provision of the Annual Appropriation Act (No. 3) 2008-2009. The purpose of this determination is to reduce the departmental item for DFAT by $5,116,056, as requested by the Minister for Foreign Affairs on 10 September 2009. The instrument was prepared following consultation with DFAT, in line with the requirements of the Legislative Instruments Act 2003. This reduction aims to rectify the identified over-appropriation and aligns with the policy objective of efficient budget management within government departments.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 2 of 2009-2010) applies to the Department of Foreign Affairs and Trade (DFAT) and pertains to a specific reduction in appropriations under the Appropriation Act (No. 3) 2008-2009. This instrument was made under the authority of the Minister for Finance and Deregulation, pursuant to subsection 10(2) of the annual Appropriation Act (No. 3) 2008-2009. The purpose of the instrument is to reduce a departmental item for DFAT by $5,116,056, following a written request from the Minister for Foreign Affairs to the Minister for Finance and Deregulation, as stipulated under subsection 10(1) of the Act. The reduction is in response to an excess appropriation for passport services and affects the appropriation item for DFAT as detailed in Schedule 1 of the Appropriation Act (No. 3) 2008-2009. The instrument is a Legislative Instrument and is subject to disallowance. It should be noted that DFAT was consulted during the preparation of this instrument in accordance with the Legislative Instruments Act 2003.
Key Provisions
The Determination to Reduce Appropriations Upon Request (No. 2 of 2009-2010) made on 5 October 2009, as referenced in Schedule 1, Item 1, reduces the departmental item for the Department of Foreign Affairs and Trade (DFAT) by $5,116,056 as per Appropriation Act (No. 3) 2008-2009. This legislative instrument is enacted under subsection 10(2) of the annual Appropriation Act (No. 3) 2008-2009, which empowers the Minister for Finance and Deregulation to make such a determination. This provision applies upon receipt of a written request from the responsible Minister for the agency or, in cases where the Finance Minister is responsible, from the Chief Executive of the agency. It is important to note that the determination constitutes a Legislative Instrument and is subject to disallowance.
The obligations imposed by this legislation necessitate that any request for a reduction in appropriations must be submitted in writing to the Minister for Finance and Deregulation by the responsible Minister or the Chief Executive of the agency, as applicable. The request must pertain to an excess appropriation, as demonstrated in the case of DFAT's excess in appropriation for passport services. Furthermore, the legislation stipulates that the agency in question must be consulted in the preparation of the Instrument, as mandated by the Legislative Instruments Act 2003. In this instance, DFAT was duly consulted.
Failure to comply with the provisions outlined in this legislation may result in civil and criminal consequences. The Minister for Finance and Deregulation is empowered to make a determination that is disallowable, which means that Parliament can review and potentially disallow the determination. Moreover, any breaches of the legislative requirements could potentially lead to further legal action or penalties as prescribed under applicable laws. The maximum penalties for such breaches, however, are not specified within the text of the legislation itself.