Overview
The Determination to Reduce Appropriations Upon Request (No. 23 of 2008-2009), made on 24 April 2009 by the Minister for Finance and Deregulation under subsection 9(1) of the Annual Appropriation Act (No. 1) 2007-2008, addresses a specific need to reduce the departmental item for the Department of the Environment, Water, Heritage and the Arts (Environment) by $12,103,000. This action was taken in response to a written request by the responsible Minister for the entity, aiming to account for unspent advertising funding provided under the Small Business and Household Action Initiative. The enactment of this instrument allows for the reduction of the appropriation in accordance with the request and reflects the policy of managing budgetary allocations efficiently by responding to departmental requests for adjustments in funding levels.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 23 of 2008-2009) pertains to a reduction in the appropriation for the Department of the Environment, Water, Heritage and the Arts, as requested by the Minister for the Environment, Heritage and the Arts and approved by the Minister for Finance and Deregulation. This instrument reduces the departmental item for the Department of the Environment, Water, Heritage and the Arts by $12,103,000, as specified in the Appropriation Act (No. 1) 2007-2008. The determination is made under subsection 9(1) of the annual Appropriation Act, and it is a Legislative Instrument that can be disallowed. The scope of the Act is limited to the specific appropriation item for the Environment department, arising from unspent advertising funding allocated under the Small Business and Household Action Initiative. The geographic and jurisdictional reach of this legislation is confined to the Commonwealth level, as it concerns the appropriation of funds within the federal government. There are no stated exclusions, exemptions, or thresholds in the Act itself, but the application of the Act may be further detailed or refined through subordinate instruments.
Key Provisions
The Determination to Reduce Appropriations Upon Request (No. 23 of 2008-2009) outlines the process and effect of reducing the appropriations for a specified department. Specifically, Section 1 of Schedule 1 (Item 1) of the Instrument determines that the departmental item for the Department of the Environment, Water, Heritage and the Arts (Environment) in the Appropriation Act (No. 1) 2007-2008 is to be reduced by $12,103,000. This reduction follows a request made by the Minister for the Environment, Heritage and the Arts to the Finance Minister on 8 April 2009, and it relates to unspent advertising funding provided under the Small Business and Household Action Initiative. This reduction effectively lowers the budget allocation for Environment by the specified amount.
The Act imposes several obligations and requirements on the parties involved. The Minister for Finance and Deregulation, pursuant to subsection 9(1) of the annual Appropriation Act (No. 1) 2007-2008, is empowered to make such determinations, but only if they are in accordance with a written request from the responsible Minister for the entity in question. In this case, the Finance Minister was required to act on the written request from the Minister for the Environment, Heritage and the Arts. Additionally, the Act stipulates that any determination made under this subsection must be in the form of a Legislative Instrument, which is subject to disallowance.
There are potential consequences for non-compliance or improper actions under this legislation. The determination itself is a Legislative Instrument and can be disallowed under the Legislative Instruments Act 2003. If a determination were to be made without the proper authority or in contravention of the Act, it could be subject to disallowance by Parliament. Moreover, while the specific penalties for breaching the Act are not detailed in the text, the general principle is that any improper or unauthorised actions could lead to legal challenges or other forms of redress, including the possibility of the Legislative Instrument being nullified. The Act underscores the importance of adhering to the prescribed processes to ensure budgetary allocations are managed correctly and transparently.