The instrument to which this explanatory statement relates

Determination to Reduce Appropriations Upon Request
(No. 2 of 2012-2013)

Date instrument was made

20 December 2012

The legislative authority under which the instrument is made

Subsection 10(2) of Appropriation Act (No. 1) 2010-2011 enables the Minister for Finance and Deregulation (Finance Minister) to make a determination reducing the departmental item for an agency by the amount specified in the Determination, upon receipt of a written request from the Minister responsible for that agency.

Determinations made under this subsection are legislative instruments and are disallowable.

Purpose and effect of the instrument

The purpose of the Determination is to reduce appropriation items that the Minister for School Education, Early Childhood and Youth has advised the Finance Minister were agreed by Government as a reduction for the Department of Education, Employment and Workplace Relations (DEEWR).

Schedule 1 determines that the departmental item for DEEWR in Appropriation Act (No. 1) 2010-2011 be reduced by $1,035,000.00.

Background

The Minister for School Education, Early Childhood and Youth wrote to the Finance Minister on 29 November 2012 requesting a determination to reduce appropriation items provided to DEEWR in 2010-2011, consistent with the Government decision made in the context of the 2011-12 Budget, where amounts relating to two measures were identified as no longer required as a result of concluded programs.

Notes on the Instrument

The Schedule to the Determination contains a table listing the affected agency in column 1, the Appropriation Act and appropriation item in column 2, which through the request by the responsible Minister in column 3, is reduced by the amount in column 4.

In accordance with the Legislative Instruments Act 2003, DEEWR was consulted in the preparation of this Instrument.

Human Rights Impact Statement

This Determination reduces appropriated money from Appropriation Act (No. 1) 2010-2011.

This Determination does not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 as it does not raise any human rights issues.