Determination to Reduce Appropriations Upon Request (No. 24 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 24 of 2008-2009) was enacted on 12 May 2009, pursuant to subsection 10(2) of the Annual Appropriation Act (No. 1) 2008-2009. This instrument was made in response to requests from the responsible ministers for the Australian Customs Service and the Australian Public Service Commission to reduce their respective departmental appropriations due to circumstances leading to surplus funding. The Minister for Finance and Deregulation, acting under the authority of the relevant appropriation act, made this determination to adjust the budgetary allocations accordingly. The primary objective of this legislation was to address the surplus funding issues by reducing the departmental items for the Australian Customs Service by $3,000,000 and for the Australian Public Service Commission by $900,000, as requested by their respective ministers.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 24 of 2008-2009) is a legislative instrument made under the authority of the Minister for Finance and Deregulation, pursuant to subsection 10(2) of the Annual Appropriation Act (No. 1) 2008-2009. This instrument serves to reduce specific departmental appropriations for two agencies: the Australian Customs Service (Customs) and the Australian Public Service Commission (APSC). The reduction for Customs was requested by the Minister for Home Affairs, while the reduction for APSC was requested by the Special Minister of State. The reduction for Customs is $3,000,000, attributable to a decrease in foreign fishers entering Australian waters, leading to surplus funding. The reduction for APSC is $900,000, resulting from lower than expected referrals and reduced service delivery costs for the Career Transition and Support Centre. Each agency was consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003. The instrument is disallowable and specifies the reductions for each agency in the Schedule, which lists the agencies alphabetically by portfolio.

Key Provisions

The main operative sections of the Determination to Reduce Appropriations Upon Request (No. 24 of 2008-2009) are found in Schedule 1, which lists the specific agencies and the corresponding reductions in their departmental items (Items 1 and 2). Section 10(2) of the annual Appropriation Act (No. 1) 2008-2009 provides the legislative authority for the Minister for Finance and Deregulation to make such a determination. This determination is made in response to a written request from the responsible Minister for the agency and is effective in reducing the departmental item by the specified amount. Under this legislation, the Minister for Finance and Deregulation is required to make a determination to reduce the departmental items of specified agencies upon receiving a written request from the respective responsible Minister. The reduction must align with the request and must be made in accordance with the legislative authority provided by the annual Appropriation Act (No. 1) 2008-2009. Additionally, the agencies identified in the Schedule were consulted during the preparation of this Instrument, as required by the Legislative Instruments Act 2003. The Act imposes specific obligations on the Minister for Finance and Deregulation, who must reduce the departmental items of the Australian Customs Service by $3,000,000 and the Australian Public Service Commission by $900,000, as requested. These reductions must be carried out in accordance with the legislative framework provided by the annual Appropriation Act (No. 1) 2008-2009 and following the proper consultation process with the respective agencies. The reductions are intended to reflect the surplus funding due to the decreased number of foreign fishers entering Australian waters for Customs, and lower than anticipated referrals and service delivery costs for the Career Transition and Support Centre at APSC. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within the text provided. However, as a Legislative Instrument, it is subject to the general legislative framework, including the potential for disallowance. The Minister's determination must adhere to the legislative authority and the process outlined in the annual Appropriation Act (No. 1) 2008-2009. Any failure to comply with the legislative requirements or the consultation process could potentially render the Instrument subject to disallowance under the Legislative Instruments Act 2003.