Determination to Reduce Appropriations Upon Request (No. 38 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 38 of 2008-2009) was enacted on 25 June 2009, issued under the authority of the Minister for Finance and Deregulation, and serves to address specific budgetary reallocations within the Australian public service. This legislative instrument was created in response to requests from the Treasurer, as outlined in the explanatory statement, to adjust appropriations for entities such as the Australian Taxation Office (ATO), the Australian Bureau of Statistics (ABS), and the Australian Securities and Investments Commission (ASIC). The primary purpose of this determination is to facilitate the reallocation of funds designated for measures like the Standard Business Reporting and the Australian Business Number and Business Names Registration, ensuring that budgetary resources align with the government's priorities and ongoing projects. The policy objective behind this instrument is to provide flexibility in managing financial allocations, ensuring efficient use of public funds in response to changing needs and initiatives.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 38 of 2008-2009) applies specifically to the Australian Taxation Office (ATO), Australian Bureau of Statistics (ABS), and Australian Securities and Investments Commission (ASIC). The instrument was issued under the authority of the Minister for Finance and Deregulation and is applicable to certain appropriations items within the Appropriation Acts (No. 2) and (No. 4) for the financial year 2007-2008. The reductions pertain to "Equity Injections," with specified amounts allocated for each entity. This instrument was enacted to facilitate the reallocation of funds from the Standard Business Reporting measure and the Australian Business Number and Business Names Registration measure. Each entity’s appropriations were reduced by a specific amount as requested by their respective responsible Ministers, and the reductions are detailed in the instrument's schedules. The entities were consulted during the preparation of the instrument in accordance with the Legislative Instruments Act 2003, and the instrument itself is a disallowable Legislative Instrument.

Key Provisions

The key sections of this legislation (subsection 11(1) of annual Appropriation Acts (No. 2) and (No. 4)) empower the Minister for Finance and Deregulation to make a determination that reduces an administered assets and liabilities item or an other departmental item for an entity, upon a written request from the relevant Minister. The operative sections of the instrument (Schedule 1, Item 1 and Schedule 2, Items 1 to 3) detail the specific reductions for the Australian Taxation Office (ATO), Australian Bureau of Statistics (ABS), and the Australian Securities and Investments Commission (ASIC) under the Appropriation Acts (No. 2) and (No. 4) 2007-2008. These reductions are in response to the re-allocation of appropriations for the Standard Business Reporting measure and the Australian Business Number and Business Names Registration measure. The legislation imposes several obligations on the parties involved. The Finance Minister must act in accordance with a written request from the responsible Minister for the entity. Additionally, the reductions are specified in the Schedules of the Instrument, detailing the entity, the appropriation item, the legislative authority, the request by the responsible Minister, and the amount of the reduction. It is also noted that the entities (ABS, ASIC, and ATO) were consulted in the preparation of this Instrument, in accordance with the Legislative Instruments Act 2003. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text for breach of this legislation. However, the determinations made under subsection 11(1) are Legislative Instruments and are subject to disallowance. Disallowance could be seen as a form of consequence for improper use of the legislative power granted by subsection 11(1).