Overview
The Determination to Reduce Appropriations Upon Request (No. 30 of 2008-2009), issued on 22 June 2009 under the authority of the Minister for Finance and Deregulation, addresses a specific financial adjustment within the Appropriation Act (No. 2) 2004-2005. This legislative instrument was enacted to facilitate a reduction in the administered assets and liabilities item for the Department of Innovation, Industry, Science and Research (DIISR) by $13,992,000, as requested by the Minister for Innovation, Industry, Science and Research. This adjustment pertains to unspent funding allocated for the R&D Start Premium/Concessional Loans. The instrument is grounded in the legislative authority provided by subsection 11(1) of the Appropriation Act (No. 2) 2004-2005, ensuring the reduction aligns with a formal written request by the responsible Minister. The policy objective of this determination is to efficiently manage the department's financial resources by reallocating unutilised funds, thereby enhancing fiscal responsibility and ensuring the effective use of government appropriations.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 30 of 2008-2009), issued under the authority of the Minister for Finance and Deregulation, pertains specifically to the Department of Innovation, Industry, Science and Research (DIISR). This legislative instrument was made on 22 June 2009 and is governed by subsection 11(1) of the Appropriation Act (No. 2) 2004-2005, allowing the Minister for Finance and Deregulation to reduce an administered assets and liabilities item for an entity based on a written request from the responsible Minister. This determination is applicable to DIISR, affecting its appropriation item by reducing it by $13,992,000, as per the request made by the Minister for Innovation, Industry, Science and Research on 28 May 2009. This reduction pertains to unspent funding allocated for the R&D Start Premium/Conssional Loans. The instrument is a Legislative Instrument and is subject to disallowance. Furthermore, the preparation of this instrument involved consultation with DIISR in line with the Legislative Instruments Act 2003.
Key Provisions
The main operative sections of the Determination to Reduce Appropriations Upon Request (No. 30 of 2008-2009) are found in Schedule 1, Item 1, which specifies the reduction of an administered assets and liabilities item for the Department of Innovation, Industry, Science and Research (DIISR) by $13,992,000 (Schedule 1, Item 1). This reduction is a direct consequence of a written request made by the Minister for Innovation, Industry, Science and Research to the Minister for Finance and Deregulation, in accordance with subsection 11(1) of the Appropriation Act (No. 2) 2004-2005 (Subsection 11(1)). The instrument is made under the legislative authority granted by the same Act and is subject to disallowance as a Legislative Instrument.
The obligations and requirements imposed by this Act primarily concern the process of requesting and approving the reduction of appropriations. The responsible Minister for the entity must submit a written request to the Minister for Finance and Deregulation, who must then make a determination in accordance with this request (Subsection 11(1)). It is imperative that the reduction is aligned with the legislative authority provided by the Appropriation Act (No. 2) 2004-2005 and that the entity in question, in this case DIISR, is appropriately consulted during the preparation of the instrument, as required by the Legislative Instruments Act 2003.
Should there be any breach of the provisions outlined in this Determination, there are potential civil and criminal consequences. Under the Legislative Instruments Act 2003, the instrument is disallowable, meaning that Parliament has the authority to review and potentially reject the determination. While the specific penalties for non-compliance with the Act are not detailed in the explanatory statement, breaches of such legislative instruments typically carry significant penalties, including fines and other legal repercussions, depending on the severity and intent of the breach. It is also important to note that the instrument itself is subject to disallowance, which can lead to the nullification of the determination if deemed inappropriate by Parliament.