Determination to Reduce Appropriations Upon Request (No. 28 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 28 of 2008-2009), issued on 22 June 2009, is a legislative instrument made by the Minister for Finance and Deregulation under the authority of subsection 9(1) of annual Appropriation Acts (No. 1) and (No. 3). This determination was enacted in response to specific requests from various ministers to adjust departmental appropriations due to changes in circumstances or budgetary requirements. The purpose of this instrument is to reduce the departmental items for certain entities, including the Office of Workplace Services, the Australian Federal Police, the Australian Institute of Marine Science, and the Department of Agriculture, Fisheries and Forestry, in the respective appropriation acts. The reductions reflect unspent funds or lower-than-expected expenditures, as requested by the responsible ministers. Each reduction is meticulously listed in the schedules of the instrument, following consultations with the affected entities as required by the Legislative Instruments Act 2003.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 28 of 2008-2009) applies to several specified entities within the Commonwealth, namely the Office of Workplace Services (OWS), the Australian Federal Police (AFP), the Australian Institute of Marine Science (AIMS), and the Department of Agriculture, Fisheries and Forestry (DAFF). This legislative instrument, made under subsection 9(1) of the annual Appropriation Acts (No. 1) and (No. 3), allows the Minister for Finance and Deregulation to reduce departmental items following a written request by the respective responsible Minister. The instrument reduces the appropriations for these entities by specific amounts as outlined in the schedules, and these reductions are effective in amending the Appropriation Acts of 2006-2007 and 2007-2008, as well as the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007-2008. The reductions are due to various reasons including unspent advertising funding, lower than expected secondments of police officers, efficiency dividends, and unspent advertising for drought and equine influenza assistance. Each entity 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. 28 of 2008-2009) made on 22 June 2009 under subsection 9(1) of annual Appropriation Acts (No. 1) and (No. 3) authorises the Minister for Finance and Deregulation to reduce certain departmental appropriations. This legislative instrument allows for reductions in appropriations following written requests from the responsible Ministers for specific entities. The reductions apply to the Office of Workplace Services (OWS), Australian Federal Police (AFP), Australian Institute of Marine Science (AIMS), and the Department of Agriculture, Fisheries and Forestry (DAFF) for the financial years 2006-2007 and 2007-2008, as well as for the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007-2008. The primary sections of this legislation include the provisions in Schedules 1 to 3, each detailing specific reductions for the mentioned entities. Schedule 1, Item 1 reduces the departmental item for OWS by $7,154,000. Schedule 2, Item 1 reduces the departmental item for AFP by $3,888,005, while Item 2 reduces the departmental item for AIMS by $15,000. Schedule 3, Item 1 reduces the departmental item for DAFF by $3,000. These reductions are the direct result of requests made by the respective Ministers and are implemented to account for unspent funds or lower-than-expected requirements. The obligations imposed by this Act include the requirement for the responsible Minister to submit a written request to the Minister for Finance and Deregulation for any proposed reductions in departmental appropriations. The Act also mandates consultation with the affected entities—OWS, AFP, AIMS, and DAFF—prior to the preparation and issuance of the legislative instrument. This ensures transparency and accountability in the appropriation reduction process. Furthermore, the reductions must adhere strictly to the amounts and entities specified in the Schedules of the Instrument. Regarding the enforcement of this legislation, there are no explicit offences or penalties outlined within the text for non-compliance with the appropriation reductions. However, the legislative instrument is disallowable, meaning that Parliament has the authority to review and potentially overturn the determination if it deems it necessary. In practical terms, any failure to adhere to the specified reductions could lead to scrutiny or legislative action, although the primary mechanism for compliance lies in the procedural adherence to the written requests and consultation processes outlined in the Act.