Overview
The Determination to Reduce Appropriations Upon Request (No. 33 of 2008-2009), made on 22 June 2009 under the authority of the Minister for Finance and Deregulation, is an instrument aimed at adjusting appropriations for the Department of Finance and Administration as requested by the entity's Chief Executive. Enacted under subsection 11(2) of the Annual Appropriation Act (No. 2) 2007-2008, this legislation allows the Finance Minister to modify administered assets and liabilities or other departmental items based on a written request from the Chief Executive of the relevant entity. The purpose of this particular determination was to reduce the other departmental item (Equity Injections) for the Department of Finance and Administration by $14,645,589, following a decision to not proceed with the purchase of land for the Darwin Commonwealth Law Courts facility due to pending consultations with stakeholders. This reduction was made in accordance with the Legislative Instruments Act 2003, with consultation from Finance during the preparation of the instrument.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 33 of 2008-2009) applies specifically to the Department of Finance and Administration, as it pertains to a reduction in an administered item under the Appropriation Act (No. 2) 2007-2008. The authority for this determination is derived from subsection 11(2) of the annual Appropriation Act (No. 2) 2007-2008, enabling the Minister for Finance and Deregulation to adjust appropriations based on a written request from the Chief Executive of an entity under their purview. This legislative instrument affects the financial allocation for equity injections within the department by reducing it by $14,645,589, a decision prompted by the decision to defer the purchase of land for the Darwin Commonwealth Law Courts facility. This instrument, being a Legislative Instrument, is disallowable and was prepared with consultation from the relevant department in line with the Legislative Instruments Act 2003.
Key Provisions
The main operative section of the Determination to Reduce Appropriations Upon Request (No. 33 of 2008-2009) is found in Schedule 1, Item 1 (Section 1), which specifies that the other departmental item (Equity Injections) for the Department of Finance and Administration is to be reduced by $14,645,589. This reduction is pursuant to a request made by the Chief Executive of the Department of Finance and Administration under subsection 11(2) of the Appropriation Act (No. 2) 2007-2008, as authorised by the Minister for Finance and Deregulation. The reduction is a direct response to the decision not to proceed with the purchase of land for the Darwin Commonwealth Law Courts facility, which was communicated by the Secretary of the Department of Finance and Deregulation to the Minister on 29 May 2009.
The obligations and requirements imposed by this legislation primarily involve the process of requesting and approving the appropriation reduction. The Chief Executive of the Department of Finance and Administration must formally request the reduction in writing to the Minister for Finance and Deregulation. This request must be specific, detailing the appropriation item to be reduced and the reasons for the reduction, such as the decision to halt the Darwin Commonwealth Law Courts facility project. The Finance Minister, upon receiving such a request, is obligated to consider it and make a determination accordingly. Importantly, any determination made under this authority must be in line with the request and must be documented as a Legislative Instrument, which is subject to disallowance under the Legislative Instruments Act 2003.
Offences, penalties, or civil and criminal consequences for breach are not explicitly detailed in the text provided. However, the legislative framework suggests that any improper or unauthorised determination could be subject to legal scrutiny and potential disallowance. The disallowance process allows for parliamentary review and potential overturning of the determination if it is found to be in breach of legislative requirements or not in accordance with the request. While specific penalties are not mentioned, any procedural errors or misuse of authority in making such determinations could lead to significant administrative and possibly legal consequences for those involved.