Determination to Reduce Appropriations Upon Request (No. 37 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 37 of 2008-2009) was enacted in 2009 by the Minister for Finance and Deregulation under the authority of the annual Appropriation Act (No. 1) 2008-2009. This legislative instrument aims to respond to requests from various government ministers to adjust appropriations for specific agencies. The objective is to facilitate the efficient reallocation of funds by reducing departmental items in the appropriations act in line with the specific requests and needs of the agencies concerned. The instrument reduces appropriations for the Australian Radiation Protection and Nuclear Safety Agency, the Department of Innovation, Industry, Science and Research, the Australian Bureau of Statistics, the Australian Securities and Investments Commission, and the Australian Taxation Office by specified amounts as requested by their respective ministers. This legislative instrument is part of a broader mechanism to ensure that government spending remains aligned with policy priorities and budgetary constraints.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 37 of 2008-2009) applies to specific Australian government agencies, including the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), the Department of Innovation, Industry, Science and Research (DIISR), the Australian Bureau of Statistics (ABS), the Australian Securities and Investments Commission (ASIC), and the Australian Taxation Office (ATO). These entities are subject to reductions in their respective departmental items as outlined in the Appropriation Act (No. 1) 2008-2009. The reductions are made in accordance with written requests submitted to the Minister for Finance and Deregulation by the relevant responsible Ministers or Chief Executives. This legislative instrument operates under the Commonwealth jurisdiction, specifically pursuant to subsection 10(2) of the annual Appropriation Act (No. 1) 2008-2009, which allows the Minister to reduce departmental items based on such requests. The reductions detailed in Schedule 1 of the Instrument are subject to consultation with the affected agencies in line with the Legislative Instruments Act 2003.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 37 of 2008-2009) (F2009L02605) was issued under the legislative authority of subsection 10(2) of the Annual Appropriation Act (No. 1) 2008-2009. The Minister for Finance and Deregulation was empowered to make this determination based on a written request from the responsible Minister or Chief Executive of the respective agency. As per the requirements of the Act, the Finance Minister must act in accordance with such a request when reducing a departmental item. The Instrument is a Legislative Instrument and can be disallowed. The primary sections of this Instrument (Schedule 1) detail specific reductions to the departmental items of various agencies. For instance, Item 1 reduces the Australian Radiation Protection and Nuclear Safety Agency's (ARPANSA) departmental item by $14,000 (section 1). Similarly, Item 2 reduces the Department of Innovation, Industry, Science and Research's (DIISR) departmental item by $16,623,000 (section 2). Item 3 reduces the Australian Bureau of Statistics' (ABS) departmental item by $1,189,000 (section 3), while Item 4 reduces the Australian Securities and Investments Commission's (ASIC) departmental item by $156,000 (section 4). Lastly, Item 5 reduces the Australian Taxation Office's (ATO) departmental item by $5,529,000 (section 5). The reductions were made in response to specific requests and pertain to reallocations of funds and unspent appropriations. The obligations imposed by this Act on the relevant agencies and the Minister for Finance and Deregulation are primarily procedural. The responsible Ministers and Chief Executives must formally request the reduction of departmental items. The Finance Minister is then required to make the determination in accordance with these requests. Additionally, the agencies, including ARPANSA, DIISR, ABS, ASIC and ATO, were consulted in the preparation of the Instrument as mandated by the Legislative Instruments Act 2003. The Instrument ensures that the reductions are communicated and implemented as per the statutory requirements. There are no explicit provisions detailing offences, penalties, or consequences for breaches in this Instrument. However, the disallowance of the Instrument under the Legislative Instruments Act 2003 serves as a significant regulatory consequence. Disallowance can occur if the Instrument is not in compliance with the legislative authority or if it fails to meet procedural requirements. The disallowance process allows for parliamentary scrutiny and potential invalidation of the Instrument, thereby ensuring adherence to legislative mandates.