The instrument to which this explanatory statement relates

Determination to Reduce Appropriations Upon Request (No. 3 of 2010-2011)

Date instrument was made

18 November 2010

The legislative authority under which the instrument is made

Subsection 9(1) of Appropriation Act (No. 1) 2005‑2006 and subsection 10(2) of Appropriation Act (No. 1) 2008-2009 enable the Minister for Finance and Deregulation to make a determination reducing a departmental item for an agency by the amount specified in the Determination, upon receipt of a written request from the Minister responsible for that agency.

Determinations made under subsection 9(1) and subsection 10(2) are legislative instruments and are disallowable.

Purpose and effect of the instrument

Schedule 1, Item 1 of the Instrument determines that the departmental item for the Department of the Environment and Heritage (DEH) in Appropriation Act (No. 1) 2005‑2006 be reduced by $262,520.83.

The effect of this Instrument is to reduce the departmental item for DEH in Schedule 1 of Appropriation Act (No. 1) 2005-2006 by the amount of $262,520.83.

Schedule 2, Item 1 of the Instrument determines that the departmental item for the Department of the Environment, Water, Heritage and the Arts (DEWHA) in Appropriation Act (No. 1) 2008‑2009 be reduced by $5,886,000.00.

The effect of this Instrument is to reduce the departmental item for DEWHA in Schedule 1 of Appropriation Act (No. 1) 2008-2009 by the amount of $5,886,000.00.

Background

The Minister for Sustainability, Environment, Water, Population and Communities wrote to the Minister for Finance and Deregulation on 13 October 2010 requesting a determination to reduce the DEH departmental item under Appropriation Act (No. 1) 2005-2006 and the DEWHA departmental item under Appropriation Act (No. 1) 2008-2009.

The reduction sought for the year 2005-06 relates to  the unspent portion of appropriation provided for the “Water Wise Communities” advertising campaign and the reduction sought for the year 2008-09 relates to the unspent portion of appropriation provided for the “Small Business and Household Action Initiative” advertising campaign.

Notes on the Instrument

The Schedules to the Instrument contain a table listing the affected agency in column 1, the appropriation Act and appropriation item in column 2, which through the request by the responsible Minister in column 3, is reduced by the amount in column 4.

In accordance with the Legislative Instruments Act 2003, the Department of Sustainability, Environment, Water, Population and Communities was consulted in the preparation of this Instrument.