Determination to Reduce Appropriations Upon Request (No. 26 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 26 of 2008-2009) was enacted on 12 May 2009, made under the authority of the Minister for Finance and Deregulation, pursuant to subsection 9(1) of the Annual Appropriation Act (No. 1) 2007-2008. The purpose of this legislation was to address the issue of unspent advertising appropriations within the Department of Broadband, Communications and the Digital Economy (DBCDE) and Medicare Australia (Medicare). By reducing these appropriations, the legislation aimed to realign the budget more effectively to ensure financial resources were utilised efficiently and in accordance with the government’s fiscal policy. The responsible Ministers for DBCDE and Medicare requested these reductions, reflecting a policy objective to manage public funds prudently and avoid wastage.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 26 of 2008-2009) applies specifically to the Department of Broadband, Communications and the Digital Economy (DBCDE) and Medicare Australia, both of which fall under the purview of the Minister for Finance and Deregulation. The instrument was enacted to reduce the departmental appropriations for these entities in the Appropriation Act (No. 1) 2007-2008, following written requests by their respective responsible ministers. The instrument reduces the departmental item for DBCDE by $229,000 and for Medicare by $168,000, both relating to unspent advertising appropriations. This instrument, being a Legislative Instrument, is disallowable and its application is strictly limited to the entities and appropriations specified in the determination. The instrument does not extend to any other departments, entities, or appropriations not listed in Schedule 1. Additionally, it does not impose any exclusions or exemptions beyond the scope of the appropriations it affects.

Key Provisions

The primary operative sections of the Determination to Reduce Appropriations Upon Request (No. 26 of 2008-2009) (F2009L02002) are found within the Schedule 1, which lists the entities affected and the specific appropriations to be reduced. Under Item 1, the Department of Broadband, Communications and the Digital Economy (DBCDE) has its departmental item reduced by $229,000, as per the request from the Minister for Broadband, Communications and the Digital Economy. Similarly, Item 2 reduces Medicare Australia's departmental item by $168,000, following a request from the Minister for Human Services. These reductions are made pursuant to the legislative authority granted under subsection 9(1) of the Appropriation Act (No. 1) 2007-2008. The obligations and requirements imposed by this Act primarily involve the Finance Minister acting upon a written request from the respective Minister responsible for the entity. As per subsection 9(1), the Finance Minister is required to make a determination that reduces the departmental item in accordance with the request, ensuring that the reductions align with the unspent advertising appropriations specified. Additionally, the legislative process mandates that DBCDE and Medicare were consulted during the preparation of this Instrument, in line with the requirements of the Legislative Instruments Act 2003. The instrument stipulates that any breach of the provisions, including making a determination without a proper request or exceeding the specified reduction amount, could lead to civil or criminal consequences. Although the specific penalties for such breaches are not detailed in the explanatory statement, the nature of the Instrument as a Legislative Instrument means it is subject to the general legislative penalties under the Legislative Instruments Act 2003. These penalties could include fines and other sanctions for non-compliance with the legislative requirements.