Determination to Reduce Appropriations Upon Request (No. 31 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 31 of 2008-2009), made under subsection 13(2) of the Annual Appropriation Act (No. 2) 2008-2009, was enacted to address specific funding discrepancies within government agencies. The Act allows the Minister for Finance and Deregulation to adjust appropriations based on requests from relevant ministers or agency heads. This legislative instrument was issued on 22 June 2009, enabling the Minister to reduce certain departmental items in response to particular financial needs or surpluses. The primary objective of this legislation is to ensure that government funds are allocated efficiently and only where necessary, reflecting the most current requirements of the agencies involved. The instrument affects the Australian Federal Police, the Department of Finance and Deregulation, and the Department of Innovation, Industry, Science and Research, reducing their respective appropriations by specified amounts based on the requests submitted.

Scope and Application

This legislative instrument applies specifically to the Australian Federal Police (AFP), the Department of Finance and Deregulation (Finance), and the Department of Innovation, Industry, Science and Research (DIISR). It concerns the reduction of certain appropriation items under the Appropriation Act (No. 2) 2008-2009, as requested by the respective responsible Ministers. The instrument targets particular financial allocations for these departments and agencies, including equity injections and previous years' outputs. The geographic reach of this legislation is national, as it pertains to federal departments and agencies within Australia. There are no stated exclusions or exemptions in this particular determination, but it does specify the exact amounts by which appropriations are to be reduced. The application of this Act may be extended or modified through subordinate instruments, such as further determinations made under the authority of the annual Appropriation Act (No. 2) 2008-2009.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 31 of 2008-2009) made on 22 June 2009 under the authority of the Minister for Finance and Deregulation, provides for the reduction of appropriations for certain agencies in the Appropriation Act (No. 2) 2008-2009. The main operative sections of the Instrument are found in Schedule 1, which details the specific reductions for the Australian Federal Police (AFP), the Department of Finance and Deregulation (Finance), and the Department of Innovation, Industry, Science and Research (DIISR). Specifically, Item 1 of Schedule 1 reduces the other departmental item (Equity Injections) for AFP by $3,944,608, Item 2 reduces the other departmental item (Equity Injections) for Finance by $97,905,709, and Item 3 reduces the other departmental item (Previous Years’ Outputs) for DIISR by $1,180,000. These reductions are made in response to written requests from the respective responsible Ministers, as required under subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009. The Act imposes specific obligations and requirements on the parties involved in the process of reducing appropriations. The responsible Ministers for AFP, Finance, and DIISR are required to make a written request to the Minister for Finance and Deregulation for a reduction in appropriations. These requests must be based on legitimate needs or changes in circumstances that warrant a reduction in funding, such as excess funding requirements for AFP personnel in Afghanistan, the sale of the Tuggeranong Office Park by Finance, and unspent funding for reviews by DIISR. The Finance Minister must then make the determination in accordance with these requests, ensuring that the reductions are justified and necessary. Additionally, the agencies involved must be consulted in the preparation of the Instrument, as required by the Legislative Instruments Act 2003. Breaching the requirements of the Determination to Reduce Appropriations Upon Request (No. 31 of 2008-2009) could have civil and criminal consequences. The Instrument is a Legislative Instrument and is disallowable, meaning that if it is found to be invalid or contrary to law, it can be disallowed by either House of Parliament. While the explanatory statement does not specify the exact penalties for breaches, it is reasonable to assume that any improper actions taken in the preparation or implementation of the Instrument could lead to legal action, fines, or other penalties as determined by the courts. The severity of the penalties would depend on the nature and extent of the breach, as well as any relevant legislation governing the administration of appropriations.