Determination to Reduce Appropriations Upon Request (No. 36 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 36 of 2008-2009) was enacted by the Minister for Finance and Deregulation on 25 June 2009, under the authority granted by subsection 9(1) of the annual Appropriation Acts (No. 1) and (No. 3). This legislative instrument was introduced to address the need for adjustments in departmental budgets in response to specific requests from relevant Ministers. The purpose of this instrument was to reduce certain departmental appropriations for the Professional Services Review, the Australian Securities and Investments Commission, the Australian Taxation Office, and the Australian Bureau of Statistics as requested by their respective Ministers. The effect of this instrument was to decrease the appropriations of these entities by specified amounts to reflect changes in budgetary allocations and re-allocations. The instrument was formulated in accordance with written requests from the responsible Ministers and involved consultation with the affected entities as mandated by the Legislative Instruments Act 2003. Each entity's appropriation item was reduced as requested, with the reductions detailed in the schedules of the instrument, reflecting the policy of re-allocating funds for specific measures such as the Standard Business Reporting and the Australian Business Number and Business Names Registration initiatives. The instrument is a Legislative Instrument and, as such, is subject to disallowance.

Scope and Application

This legislation, F2009L02604, pertains to the Determination to Reduce Appropriations Upon Request (No. 36 of 2008-2009) made by the Minister for Finance and Deregulation on 25 June 2009. The Act applies specifically to the reduction of departmental appropriations for certain entities within the Commonwealth of Australia. The entities affected include the Professional Services Review (PSR), Australian Securities and Investments Commission (ASIC), Australian Taxation Office (ATO), and Australian Bureau of Statistics (ABS). The geographic reach of this Act is national, impacting various departments and their financial allocations as specified in the Appropriation Acts (No. 1) and (No. 3). Each entity's appropriation is reduced as per a request from their respective responsible Minister, with the reductions listed in the Schedules of the Instrument. The Act does not specify any exclusions, exemptions, or thresholds beyond those mentioned in the Schedules. The legislative authority for making this determination is derived from subsection 9(1) of the annual Appropriation Acts (No. 1) and (No. 3), and the Instrument is subject to disallowance.

Key Provisions

The main operative sections of this legislation, as outlined in the explanatory statement, pertain to the specific reductions in appropriations for certain entities as determined by the Finance Minister under subsection 9(1) of annual Appropriation Acts (No. 1) and (No. 3). The determinations are listed in Schedules 1, 2, and 3 of the instrument. For instance, Schedule 1, Item 1 (paragraph 1) reduces the departmental item for the Professional Services Review (PSR) by $37,000, while Schedule 2, Item 1 (paragraph 2) reduces the departmental item for the Australian Securities and Investments Commission (ASIC) by $1,150,000. These reductions are made in response to written requests from the responsible Ministers for the respective entities. The obligations and requirements imposed by this Act are primarily on the Finance Minister, who is tasked with making determinations to reduce appropriations upon request from the responsible Ministers. The determinations must comply with the legislative authority provided by the Appropriation Acts and must be made in accordance with the written requests from the relevant Ministers. Additionally, the entities subject to these reductions, such as PSR, ASIC, the Australian Taxation Office (ATO), and the Australian Bureau of Statistics (ABS), are required to provide any necessary information to facilitate the preparation of the determinations. The instrument also mandates consultation with these entities in the preparation of the determinations, as per the Legislative Instruments Act 2003. Any breach of the requirements set out in this legislation could lead to civil or criminal consequences. Although specific penalties are not mentioned in the explanatory statement, it is known that a determination made under subsection 9(1) is a Legislative Instrument and is disallowable. This means that the determination can be annulled by either house of Parliament, which would effectively render the appropriation reduction null and void. Furthermore, any misuse of funds or improper allocation of appropriations could potentially lead to further legal consequences, including fines or imprisonment, depending on the severity of the breach.