Determination to Reduce Appropriations Upon Request (No. 39 of 2008-2009)

Overview

The Determination to Reduce Appropriations Upon Request (No. 39 of 2008-2009) was enacted on 25 June 2009 by the Minister for Finance and Deregulation under the authority of subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009. This instrument addresses the need to adjust budget allocations for various departments and agencies in response to changes in funding requirements or reallocations. The purpose of this legislation is to facilitate reductions in specified appropriation items, as requested by the responsible ministers or chief executives, thereby ensuring budget flexibility and responsiveness to shifting priorities. The enacted body is the Parliament, which granted the authority to the Minister for Finance and Deregulation to make such determinations in line with the requests from relevant ministers or department heads.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 39 of 2008-2009) is a legislative instrument issued under subsection 13(2) of the Appropriation Act (No. 2) 2008-2009, enabling the Minister for Finance and Deregulation to reduce specific appropriations for certain government agencies based on written requests from responsible ministers or chief executives. This instrument applies to the Department of Health and Ageing, the Australian Bureau of Statistics, the Australian Securities and Investments Commission, and the Australian Taxation Office, affecting their administered assets and liabilities or other departmental items. The geographic and jurisdictional reach of this Act is confined to the Commonwealth level, impacting federal agencies. The Act does not explicitly state exclusions or exemptions, but the reductions are targeted and specific to the requested reallocations of funds. The application of this Act can be extended or further defined through subordinate instruments, although none are mentioned in this specific determination.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 39 of 2008-2009) (the "Instrument") provides for the reduction of appropriations for certain government agencies. Pursuant to subsection 13(2) of the annual Appropriation Act (No. 2) 2008-2009, the Minister for Finance and Deregulation is authorised to make a determination reducing an administered assets and liabilities item or an other departmental item. The determination must be in accordance with a written request made by the responsible Minister for the agency, or the Chief Executive if the Minister is responsible for the agency (subsection 13(1)). This Instrument is a Legislative Instrument and is disallowable. The operative sections of the Instrument, outlined in Schedule 1, determine reductions to appropriations for specific agencies. For the Department of Health and Ageing, the administered assets and liabilities item is reduced by $17,492,000 (Item 1). For the Australian Bureau of Statistics, the other departmental item (Equity Injections) is reduced by $3,153,000 (Item 2). For the Australian Securities and Investments Commission, the other departmental item (Equity Injections) is reduced by $571,000 (Item 3). Lastly, for the Australian Taxation Office, the other departmental item (Equity Injections) is reduced by $10,035,000 (Item 4). These reductions reflect reallocations of funds for various measures, such as the re-allocation of capital funds for storage costs and offsets for specific measures. The Instrument imposes obligations on the relevant agencies, including the Department of Health and Ageing, the Australian Bureau of Statistics, the Australian Securities and Investments Commission, and the Australian Taxation Office. These agencies must comply with the reductions specified in the Instrument and ensure that their budgets and financial activities reflect these changes. Additionally, the Minister for Finance and Deregulation is required to make the determinations in accordance with the written requests from the respective responsible Ministers or Chief Executives. The agencies were consulted in the preparation of the Instrument, in accordance with the Legislative Instruments Act 2003. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument for non-compliance with the reductions specified. However, as a Legislative Instrument, the Instrument is disallowable, meaning that either House of Parliament can vote to disallow the Instrument within the prescribed period. If disallowed, the Instrument will cease to have effect from the date of disallowance. The maximum penalties for breaches of the Instrument are not explicitly stated but may be subject to the general penalties applicable to non-compliance with legislative instruments, which could include fines or other administrative sanctions.