Overview
The Determination to Reduce Appropriations Upon Request (No. 20 of 2008-2009) was enacted on 25 March 2009, authorising the Minister for Finance and Deregulation to reduce an appropriation item for the Department of the Prime Minister and Cabinet. This determination was made under subsection 13(2) of the Appropriation Act (No. 2) 2008-2009 and is a legislative instrument subject to disallowance. The objective of this legislation is to adjust the budget allocations of federal departments and agencies as requested by their respective responsible ministers. Specifically, this determination reduces the 'Previous Years’ Outputs' appropriation for the Department of the Prime Minister and Cabinet by $219,309, following a request by the Parliamentary Secretary to the Prime Minister. The reduction relates to unspent appropriations associated with the Australia 2020 Summit, aiming to address fiscal misallocations and ensure efficient use of public funds.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 20 of 2008-2009) applies specifically to the Department of the Prime Minister and Cabinet (PM&C) under the legislative authority of the Appropriation Act (No. 2) 2008-2009. The instrument, made pursuant to subsection 13(2) of the Act, allows the Minister for Finance and Deregulation to reduce a specified appropriation item for the PM&C, following a written request from the responsible Minister for the agency or the Chief Executive Officer if the Finance Minister is responsible for the agency. In this instance, the reduction pertains to the "Previous Years’ Outputs" item by $219,309.00, which was requested by the Parliamentary Secretary to the Prime Minister on 11 March 2009. The instrument is designed to address unspent appropriations related to the Australia 2020 Summit. The determination is a Legislative Instrument and, as such, is disallowable. The instrument adheres to the Legislative Instruments Act 2003, which mandates consultation with the relevant agency, in this case, the PM&C, during its preparation.
Key Provisions
The main operative sections of the Determination to Reduce Appropriations Upon Request (No. 20 of 2008-2009) focus on the authority and process for reducing specific appropriations. Section 13(2) of the annual Appropriation Act (No. 2) 2008-2009 empowers the Minister for Finance and Deregulation to make a determination that reduces an other departmental item, following a written request from the responsible Minister or the Chief Executive of the relevant agency. The determination reduces the appropriation for the Department of the Prime Minister and Cabinet (PM&C) by $219,309.00, as outlined in Schedule 1, Item 1 of the Instrument.
This Act imposes specific obligations on the responsible Minister or Chief Executive to submit a formal written request to the Finance Minister when a reduction in appropriations is necessary. The Finance Minister must then process this request in accordance with the legislative authority provided by subsection 13(2) of the Appropriation Act. Additionally, the Instrument ensures that the PM&C was consulted in the preparation of this determination, as required by the Legislative Instruments Act 2003.
The Act does not explicitly detail specific offences, penalties, or consequences for non-compliance. However, as a Legislative Instrument, the determination is disallowable, which means it can be subject to review and potential disallowance by Parliament. This mechanism serves as a check against improper or unauthorised reductions in appropriations, ensuring that any changes align with the legislative intent and budgetary oversight.
The determination directly impacts the financial allocations for the PM&C by reducing the appropriation for "Previous Years’ Outputs," an item associated with unspent funds from the Australia 2020 Summit. This financial adjustment is intended to reflect the actual expenditure and financial management practices of the agency, ensuring that budgetary resources are accurately allocated and utilised in accordance with the government’s financial plans.
The primary effect of this Instrument is to formalise and document the reduction in appropriations for the PM&C, providing a clear and lawful basis for the financial adjustment. This reduction is critical for maintaining the integrity of the budgetary process and ensuring that government spending aligns with the approved financial plans and priorities.