Overview

The Determination to Reduce Appropriations Upon Request (No. 2 of 2012-2013) was enacted to facilitate the reduction of appropriations for the Department of Education, Employment and Workplace Relations (DEEWR) as per a decision made by the Australian Government. Enacted under the authority of the Minister for Finance and Deregulation, this legislative instrument was made on 20 December 2012 pursuant to subsection 10(2) of the Appropriation Act (No. 1) 2010-2011. The objective of this instrument is to implement a reduction in the appropriation items for DEEWR, which was requested by the Minister for School Education, Early Childhood and Youth following the conclusion of certain programs. This action aligns with the government's decision to streamline budget allocations based on the outcomes of concluded initiatives, as reflected in the 2011-12 Budget. The Determination reduces the departmental item for DEEWR by $1,035,000.00, as per the request from the relevant Minister.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 2 of 2012-2013) is a legislative instrument made under subsection 10(2) of the Appropriation Act (No. 1) 2010-2011. This Determination applies specifically to the Department of Education, Employment and Workplace Relations (DEEWR) in the context of its appropriations for the 2010-2011 financial year. The instrument was enacted upon a written request from the Minister for School Education, Early Childhood and Youth to the Minister for Finance and Deregulation, and its purpose is to implement a reduction in the departmental item for DEEWR as agreed by the Government. The instrument is applicable nationally as it pertains to Commonwealth appropriations and is disallowable in accordance with the Legislative Instruments Act 2003. The Determination does not specify any exclusions or exemptions, but it does reduce the appropriation by a specified amount of $1,035,000.00. This amount was identified as no longer necessary due to the conclusion of related programs. The instrument does not engage any human rights issues as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 2 of 2012-2013) is a legislative instrument that provides for the reduction of appropriation items for the Department of Education, Employment and Workplace Relations (DEEWR) under the Appropriation Act (No. 1) 2010-2011. Pursuant to subsection 10(2) of the Appropriation Act, the Minister for Finance and Deregulation is empowered to make such a determination upon receiving a written request from the Minister responsible for the agency in question. This determination, which is disallowable, specifies that the departmental item for DEEWR is reduced by $1,035,000.00 as per Schedule 1. The determination follows a request by the Minister for School Education, Early Childhood and Youth, who informed the Finance Minister that the reduction was in line with a government decision made during the 2011-12 Budget process, due to the conclusion of certain programs. The Department of Education, Employment and Workplace Relations was consulted during the preparation of this instrument, as required by the Legislative Instruments Act 2003. The obligations imposed by this Act primarily concern the Finance Minister, who must act upon receiving a request from the responsible Minister to reduce appropriation items for a specified agency. The Minister must then make a determination that reduces the appropriation by the amount specified in the request, provided that the reduction is consistent with the government's decision-making process. Additionally, the responsible Minister must provide written notification to the Finance Minister regarding the need for a reduction and ensure that the reduction aligns with prior government decisions. The Act also mandates that any affected agency, in this case DEEWR, is to be consulted during the preparation of the instrument, ensuring transparency and inclusivity in the legislative process. Breaches of the obligations outlined in this Act may not directly result in criminal or civil penalties, as the focus is on the procedural correctness of the appropriation reduction process. However, failure to comply with the requirements of the Act could lead to disallowance of the legislative instrument, which means that the determination could be invalidated by the Parliament. This outcome could have significant financial implications for the agency concerned, as it would result in the appropriation item not being reduced as intended. Additionally, any failure to consult with the affected agency as required by the Legislative Instruments Act 2003 could also lead to disallowance of the instrument, further emphasising the importance of adherence to the Act's provisions.