Overview
The Determination to Reduce Appropriations Upon Request (No. 32 of 2008-2009), issued on 22 June 2009 by the Minister for Finance and Deregulation, is an instrument made under subsection 12(2) of the Appropriation Act (No. 4) 2003-2004. This instrument addresses the need to adjust appropriations as requested by relevant ministers for specific entities. Specifically, it pertains to the reduction of an administered assets and liabilities item or an other departmental item in a prior years Appropriation Act. The purpose of this legislative instrument is to facilitate the reduction of $143,000 from the other departmental item (Previous Year’s Outputs) for the Department of Innovation, Industry, Science and Research, as per a written request from the Minister for Innovation, Industry, Science and Research dated 28 May 2009. This reduction relates to unspent funding from the Post 2005 Automotive Assistance Package. The instrument adheres to the requirements set out in the Legislative Instruments Act 2003, ensuring that the Department of Innovation, Industry, Science and Research was consulted during its preparation.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 32 of 2008-2009) is a legislative instrument made under subsection 12(2) of the Appropriation Act (No. 4) 2003-2004, enabling the Minister for Finance and Deregulation to reduce specified appropriations for an entity upon request from the responsible Minister. This particular determination pertains to the Department of Innovation, Industry, Science and Research (DIISR), reducing its other departmental item (Previous Year’s Outputs) by $143,000, as requested by the Minister for Innovation, Industry, Science and Research. The reduction relates to unspent funding provided for the Post 2005 Automotive Assistance Package. The instrument is subject to disallowance and, in its preparation, consultation with DIISR was undertaken as required by the Legislative Instruments Act 2003. The determination impacts the appropriation for the specified entity within the Commonwealth jurisdiction, altering the financial allocation for that entity in line with the request from the relevant Minister.
Key Provisions
The Determination to Reduce Appropriations Upon Request (No. 32 of 2008-2009), made under the authority of the Minister for Finance and Deregulation on 22 June 2009, involves a reduction of a specified appropriation item for the Department of Innovation, Industry, Science and Research (DIISR) as per subsection 12(2) of the Appropriation Act (No. 4) 2003-2004. Specifically, this instrument (sections 1-3) mandates a reduction of the "other departmental item" (Previous Year’s Outputs) for DIISR by $143,000, as outlined in Schedule 1, Item 1. This action follows a formal request from the Minister responsible for DIISR, in accordance with the requirements stipulated under the same Act. This legislative instrument is disallowable under the Legislative Instruments Act 2003, meaning it can be reviewed and potentially invalidated.
The obligations imposed by this Act require the Minister for Finance and Deregulation to act upon a written request from the responsible Minister for the entity in question, in this case, the Minister for Innovation, Industry, Science and Research. The request, made on 28 May 2009, must be specific regarding the appropriation item to be reduced and the amount of the reduction. Once the Finance Minister receives such a request, they are required to issue a Legislative Instrument that reflects the terms of the request, as long as it is within the scope of the authority granted by the Appropriation Act (No. 4) 2003-2004. The entity affected, DIISR, was consulted in the preparation of this Instrument, ensuring that the decision is made with their input.
Breaching the requirements of this legislative instrument could lead to civil or administrative consequences, although the specific consequences are not detailed in the explanatory statement. However, under the broader legislative framework, there may be penalties for non-compliance with appropriation acts, which could include fines or other sanctions. The maximum penalties, however, are not specified within this particular instrument but would be governed by the relevant legislation under which the Appropriation Act operates. The disallowance of the instrument under the Legislative Instruments Act 2003 is another potential consequence of not adhering to the procedural requirements for making such a determination.