Overview
The Determination to Reduce Appropriations Upon Request (No. 22 of 2008-2009), issued on 24 April 2009 by the Minister for Finance and Deregulation, is a legislative instrument that was enacted to address an identified excess appropriation within the Department of Defence's other departmental item (Equity Injections) under the Appropriation Act (No. 2) 2008-2009. This determination was made in accordance with subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009, enabling the Finance Minister to reduce an appropriation item following a written request from the relevant Minister or Chief Executive. The purpose of this instrument is to reduce the other departmental item (Equity Injections) for Defence by $560,556,000, a reduction that was identified as part of the 2008-09 Additional Estimates update. This reduction was requested by the Minister for Defence and approved by the Finance Minister, with the Department of Defence being duly consulted in the preparation of the instrument, as required by the Legislative Instruments Act 2003.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 22 of 2008-2009), made under the authority of the Minister for Finance and Deregulation, specifically applies to the Department of Defence (Defence). It targets the reduction of an other departmental item, specifically "Equity Injections", as requested by the Minister for Defence. This instrument is designed to address an excess appropriation identified during the 2008-09 Additional Estimates update, thereby reducing the appropriation item by $560,556,000. The legislative authority for this reduction is derived from subsection 13(2) of the Annual Appropriation Act (No. 2) 2008-2009, and it requires a written request from the responsible Minister or the Chief Executive of the Agency if the Finance Minister is responsible. The instrument is a Legislative Instrument and is subject to disallowance. The effect of this instrument is confined to the specified reduction in Defence’s appropriation, without any stated exclusions or exemptions beyond the scope of the request and legislative authority.
Key Provisions
The main operative sections of this legislation (Schedule 1, Item 1) pertain to the reduction of an appropriation item for the Department of Defence. Specifically, the determination made under subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009 reduces the other departmental item known as Equity Injections by $560,556,000. This reduction reflects an excess appropriation identified during the 2008-09 Additional Estimates update. The determination was made in response to a written request from the Minister for Defence to the Minister for Finance and Deregulation, in accordance with subsection 13(1) of the Appropriation Act.
This Act imposes certain obligations on the parties involved, primarily the Minister for Defence and the Minister for Finance and Deregulation. The Minister for Defence is responsible for submitting a written request to the Minister for Finance and Deregulation for any reduction in appropriations. The Finance Minister, upon receiving such a request, must make a determination that is in line with the request and the legislative authority provided under subsection 13(2). Additionally, the legislation requires consultation with the relevant department, in this case, the Department of Defence, in the preparation of the Instrument as mandated by the Legislative Instruments Act 2003.
Failure to comply with the requirements of this Act could result in legal consequences. The Act outlines that the determination made is a Legislative Instrument and is subject to disallowance. The Act does not specify any particular offences or penalties for breaches of its provisions; however, the disallowance process serves as a significant deterrent. Disallowance could result in the nullification of the determination, thereby reverting the appropriation back to its original amount unless rectified through further legislative action.
In summary, the legislation provides a clear framework for the reduction of appropriations under specific circumstances, ensuring that any changes are properly requested, authorised, and documented. The obligations placed on the relevant Ministers are straightforward, focusing on the submission and approval of the reduction requests. The potential for disallowance serves as a critical check to maintain the integrity of the appropriation process.