Determination to Reduce Appropriations Upon Request (No. 25 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 25 of 2008-2009) was enacted on 12 May 2009 under the legislative authority of the Minister for Finance and Deregulation, pursuant to subsection 13(2) of the Annual Appropriation Act (No. 2) 2008-2009. This legislation was introduced to address the need to adjust appropriations based on unforeseen changes in operational requirements and costs. The problem it was designed to address includes instances where agencies may experience lower than anticipated demand for services or reduced operational costs, which in turn impacts their budgetary allocations. The Australian Public Service Commission (APSC) was the specific agency affected by this determination, with a reduction of $296,000 in its other departmental item (Previous Years’ Outputs) due to lower than expected referrals and service delivery costs for the Career Transition and Support centre. This adjustment was made in response to a formal request from the Special Minister of State to the Minister for Finance and Deregulation, reflecting the policy objective of aligning budgetary provisions with actual service delivery needs.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 25 of 2008-2009) pertains specifically to the Australian Public Service Commission (APSC), affecting its appropriation item designated as "Previous Years’ Outputs" within the Appropriation Act (No. 2) 2008-2009. This legislation falls under the purview of the Minister for Finance and Deregulation, who has the authority to make such determinations pursuant to subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009. The reduction was enacted in response to a written request from the Special Minister of State, reflecting lower than anticipated referrals and reduced service delivery costs for the Career Transition and Support centre. The Determination reduces the specified appropriation item for APSC by $296,000. It is important to note that this determination is a Legislative Instrument and is subject to disallowance. Additionally, the APSC was consulted in the preparation of this Instrument in accordance with the Legislative Instruments Act 2003.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 25 of 2008-2009) outlines the process and effect of reducing an appropriation item for a specified agency. According to section 13(2) of the annual Appropriation Act (No. 2) 2008-2009, the Minister for Finance and Deregulation can make a determination to reduce an "other departmental item" upon a written request from the relevant Minister or, if the Finance Minister is responsible for the agency, from the Chief Executive of the agency (section 13(1)). In this instance, Schedule 1, Item 1 of the Instrument reduces the "Previous Years' Outputs" item for the Australian Public Service Commission (APSC) by $296,000. This legislation imposes several obligations and requirements on the parties involved. The Finance Minister must make the determination in accordance with a written request from the relevant Minister or Chief Executive of the agency (section 13(1)). Additionally, the APSC was consulted in the preparation of this Instrument, as required under the Legislative Instruments Act 2003. The determination itself is a Legislative Instrument and can be disallowed, which means that it may be reviewed and potentially invalidated by Parliament. Failure to comply with the requirements of this legislation can lead to various consequences. While the explanatory statement does not explicitly outline the specific penalties for non-compliance, breaches of the Appropriation Act (No. 2) 2008-2009 or the Legislative Instruments Act 2003 could result in civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties for offences under these Acts can include substantial fines and, in some cases, imprisonment. It is important for the relevant parties to adhere to the legislative requirements to avoid such consequences.