Overview

The Determination to Reduce Appropriations Upon Request (No. 3 of 2010-2011) was made under the authority granted by subsection 9(1) of the Appropriation Act (No. 1) 2005-2006 and subsection 10(2) of the Appropriation Act (No. 1) 2008-2009, enabling the Minister for Finance and Deregulation to adjust departmental appropriations upon request from the relevant Minister. This determination was issued on 18 November 2010 and aims to address the unspent appropriations for specific advertising campaigns within the Department of the Environment and Heritage (DEH) and the Department of the Environment, Water, Heritage and the Arts (DEWHA). The purpose of this instrument is to reduce the departmental items by the amounts of $262,520.83 for DEH and $5,886,000.00 for DEWHA, corresponding to the unused funds allocated for the "Water Wise Communities" and "Small Business and Household Action Initiative" campaigns, respectively. These adjustments were made following a formal request by the Minister for Sustainability, Environment, Water, Population and Communities, ensuring that the appropriations reflect the actual expenditure.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 3 of 2010-2011) pertains to the reduction of specific appropriations for the Department of the Environment and Heritage (DEH) under the Appropriation Act (No. 1) 2005-2006, and for the Department of the Environment, Water, Heritage and the Arts (DEWHA) under the Appropriation Act (No. 1) 2008-2009. The reduction was enacted following a request by the Minister for Sustainability, Environment, Water, Population and Communities to the Minister for Finance and Deregulation. The purpose of the instrument is to adjust the budgetary allocations for these departments by reducing their respective departmental items by specific amounts, namely $262,520.83 for DEH and $5,886,000.00 for DEWHA, corresponding to the unspent portions of appropriations for the "Water Wise Communities" and "Small Business and Household Action Initiative" advertising campaigns. This instrument is applicable to the Commonwealth level, and it directly affects the specified departments and their budgetary allocations for the mentioned financial years. The reduction applies solely to the unspent funds allocated for the specified advertising campaigns and does not extend to other areas of departmental spending.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 3 of 2010-2011) is a legislative instrument made under subsection 9(1) of the Appropriation Act (No. 1) 2005-2006 and subsection 10(2) of the Appropriation Act (No. 1) 2008-2009. It enables the Minister for Finance and Deregulation to reduce the appropriations of specific departments by specified amounts upon request from the responsible Ministers. The instrument specifies that the departmental item for the Department of the Environment and Heritage (DEH) under the Appropriation Act (No. 1) 2005-2006 is to be reduced by $262,520.83, and the departmental item for the Department of the Environment, Water, Heritage and the Arts (DEWHA) under the Appropriation Act (No. 1) 2008-2009 is to be reduced by $5,886,000.00. These reductions pertain to the unspent portions of appropriations allocated for specific advertising campaigns: the “Water Wise Communities” campaign for DEH and the “Small Business and Household Action Initiative” campaign for DEWHA. The Act imposes specific obligations on the parties involved. The Minister for Finance and Deregulation is mandated to make the determination upon receiving a written request from the responsible Minister, who must have authority over the affected department. The responsible Minister is required to submit a written request detailing the specific appropriation item and the amount to be reduced. The instrument also includes provisions for consultation with the affected department, ensuring that all relevant parties are informed and have an opportunity to provide input. Furthermore, the instrument's provisions must comply with the requirements of the Legislative Instruments Act 2003, which governs the making of legislative instruments. Failure to comply with the provisions of this Determination could lead to legal consequences. The Legislative Instruments Act 2003 provides for the disallowance of legislative instruments, which means that the instrument can be annulled if it is found to be invalid. There are no specific criminal or civil penalties outlined in the Determination itself, but the disallowance process serves as a significant deterrent to non-compliance. Additionally, any misuse of funds or failure to account for the appropriations reductions could lead to further legal actions under other applicable laws, such as the Public Governance, Performance and Accountability Act 2013.