Overview
The Determination to Reduce Appropriations Upon Request (No. 27 of 2008-2009) was made under the legislative authority of the annual Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008, with the intent to reduce an administered assets and liabilities item or an other departmental item for an entity. Enacted by the Australian Government, this legislation aims to address the issue of underspends within the Northern Territory Emergency Response initiatives, allowing the Minister for Finance and Deregulation to reduce appropriations at the request of the responsible Minister. The instrument was made on 25 May 2009, reducing the other departmental item (Equity Injections) for the Australian Crime Commission by $324,674.80, following a request from the Minister for Home Affairs due to budget savings from the emergency response initiatives. This reduction reflects the policy objective of ensuring efficient use of government funds in line with the original appropriation acts.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 27 of 2008-2009) applies to the Australian Crime Commission (ACC) and specifically targets the reduction of an other departmental item, namely Equity Injections, under the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008. The instrument was made under subsection 11(1) of the Act, which empowers the Minister for Finance and Deregulation to reduce an administered assets and liabilities item or an other departmental item for an entity, upon a written request from the responsible Minister. In this case, the request was made by the Minister for Home Affairs on 8 May 2009, citing underspends in Northern Territory Emergency Response initiatives as the reason for the reduction. The effect of this determination is to decrease the Equity Injections item for ACC by $324,674.80. The instrument adheres to the requirements of the Legislative Instruments Act 2003, which mandates consultation with the affected entity, in this case, the ACC.
Key Provisions
The key operative sections of the Determination to Reduce Appropriations Upon Request (No. 27 of 2008-2009) are primarily found within the instrument itself, particularly in Schedule 1, Item 1 (section 1). This section specifies the reduction of the other departmental item (Equity Injections) for the Australian Crime Commission (ACC) under the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008. The reduction amount is clearly stated as $324,674.80, affecting Schedule 2 of the same Act. The legislative authority for this determination is provided under subsection 11(1) of the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008, which empowers the Minister for Finance and Deregulation to make such reductions upon a written request from the responsible Minister for the entity in question.
The obligations and requirements imposed by this Act are primarily procedural. According to the provisions, any determination made under subsection 11(1) must strictly adhere to a written request submitted by the responsible Minister to the Minister for Finance and Deregulation. This request must pertain to either an administered assets and liabilities item or an other departmental item for an entity. Additionally, the Act mandates that the Australian Crime Commission was consulted in the preparation of this Instrument, as per the requirements of the Legislative Instruments Act 2003. The Act also specifies that any such determination is to be made in accordance with the legislative authority granted and is subject to disallowance under the legislative framework.
The Act delineates specific consequences for breaches of its provisions. Given that the determination is a Legislative Instrument, it is subject to disallowance as per the legislative process. There are no explicit offences or penalties mentioned within the text provided, but the disallowance process serves as a significant deterrent and consequence for non-compliance. The disallowance mechanism ensures that any determination made under the Act is reviewed and can be overturned if found to be in breach of the legislative requirements, thereby maintaining the integrity and legality of the appropriation process.
In summary, the Determination to Reduce Appropriations Upon Request (No. 27 of 2008-2009) clearly outlines the procedure for reducing the appropriation item for the Australian Crime Commission, stipulates the legislative authority for such reductions, and mandates consultation with the affected entity. While specific penalties for non-compliance are not detailed, the disallowance process provides a robust framework for ensuring adherence to the Act's provisions.