Determination to Reduce Appropriations Upon Request (No. 35 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 35 of 2008-2009), issued on 22 June 2009, was enacted by the Minister for Finance and Deregulation under subsection 10(3) of the annual Appropriation Act (No. 3) 2003-2004. This legislation was introduced in response to a request from the Chief Executive of the Department of Finance and Administration, aiming to address the issue of unnecessary funding for depreciation related to Christmas Island. This was deemed redundant after the transfer of ownership of the asset to the Department of Immigration and Citizenship. The purpose of this instrument is to legally adjust the appropriations by reducing the departmental item for the Department of Finance and Administration in the Appropriation Act (No. 1) for the years 2002-2003 and 2003-2004 by specified amounts, thereby reflecting the change in asset ownership and the consequent reallocation of funding responsibilities.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 35 of 2008-2009) applies to the Department of Finance and Administration, specifically for the reduction of certain departmental items under the Appropriation Act (No. 1) 2002-2003 and Appropriation Act (No. 1) 2003-2004. This legislative instrument, made under the authority of the Minister for Finance and Deregulation, responds to written requests from the Chief Executive of the Department of Finance and Deregulation. The determination reduces the departmental item for Finance by $652,587 under Appropriation Act (No. 1) 2002-2003 and by $1,200,000 under Appropriation Act (No. 1) 2003-2004, relating to the no longer required depreciation funding for Christmas Island following its transfer to the Department of Immigration and Citizenship. This instrument has a Commonwealth jurisdictional reach and is a Legislative Instrument, subject to disallowance. Subordinate instruments may further extend or specify the application of this determination.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 35 of 2008-2009) made on 22 June 2009 under subsection 10(3) of the Annual Appropriation Act (No. 3) 2003-2004, pertains to the reduction of appropriations for the Department of Finance and Administration for two financial years. Specifically, Item 1 of Schedule 1 reduces the departmental item for Finance in the Appropriation Act (No. 1) 2002-2003 by $652,587 and Item 1 of Schedule 2 reduces the departmental item for Finance in the Appropriation Act (No. 1) 2003-2004 by $1,200,000. These reductions were made in response to a written request from the Chief Executive of the Department of Finance and Deregulation to the Minister for Finance and Deregulation. The reductions relate to depreciation funding for Christmas Island, which is no longer required following the transfer of ownership of this asset to the Department of Immigration and Citizenship. The determination is a Legislative Instrument and is disallowable under the Legislative Instruments Act 2003. The primary obligations and requirements imposed by this instrument are outlined in the request made by the Chief Executive of the Department of Finance and Deregulation. This request must be in writing and directed to the Minister for Finance and Deregulation. The Minister must then make the determination in accordance with the request, reducing the departmental item as specified. Additionally, the Department of Finance must be consulted in the preparation of the instrument, as required by the Legislative Instruments Act 2003. The instrument itself lists the entities to which the determination applies, with each entity's reduction detailed in a separate provision. Each provision specifies the entity, the appropriation item, the legislative authority, the request by the entity's Chief Executive, and the amount of the reduction. The instrument does not explicitly state any offences, penalties, or consequences for breaches of its provisions. However, as a disallowable Legislative Instrument, any breach or failure to comply with the requirements of this determination could potentially lead to legal consequences. Disallowance of the instrument by either House of Parliament would render the determination invalid, effectively nullifying the reductions in appropriations. Furthermore, any administrative or financial mismanagement resulting from the implementation of this determination could be subject to internal departmental reviews or audits, potentially leading to disciplinary actions against responsible officers or entities. While specific penalties are not outlined in the text, the implications of non-compliance could be significant, including financial re-allocations or adjustments to departmental budgets.