Overview
The Determination to Reduce Appropriations Upon Request (No.4 of 2009-2010) was made by the Minister for Finance and Deregulation on 22 January 2010, under the legislative authority of subsection 9(1) of the Appropriation Act (No. 1) 2004-2015. This instrument was enacted to address the issue of excess appropriations for the Australian Customs and Border Protection Service. The Minister for Home Affairs requested a reduction in the departmental item, which was approved and implemented by the Finance Minister, leading to a savings of $8,460,000. The policy objective is to ensure that appropriations are managed efficiently, and any excess funds are returned to the Commonwealth to be reallocated as necessary. The instrument was prepared in consultation with the Australian Customs and Border Protection Service in accordance with the Legislative Instruments Act 2003.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No.4 of 2009-2010) applies to the Australian Customs and Border Protection Service, an agency under the Minister for Home Affairs, and its associated departmental item as specified in Schedule 1 of the Appropriation Act (No. 1) 2004-2005. The Act allows the Minister for Finance and Deregulation to reduce a departmental appropriation when it is in excess of the agency's requirements, as per a written request from the relevant Minister. In this instance, the Minister for Home Affairs requested a reduction of $8,460,000, attributable to a savings from leasing a vessel for the Southern Oceans Program in the financial year 2004-2005. This instrument has a national jurisdictional reach, as it pertains to federal appropriations and the administration of national services. The Australian Customs and Border Protection Service was consulted in the preparation of the instrument, ensuring compliance with the Legislative Instruments Act 2003. There are no stated exclusions or exemptions in the text, and the application of the Act is limited to the specific request and determination as outlined in the instrument.
Key Provisions
The main operative sections of the Determination to Reduce Appropriations Upon Request (No. 4 of 2009-2010) (F2010L00202) involve the authority of the Minister for Finance and Deregulation to reduce a departmental item as specified in the Appropriation Act (No. 1) 2004-2010. Specifically, section 9(1) of the Appropriation Act empowers the Minister to make such a determination, which must be in line with a written request from the Minister responsible for the agency. This instrument reduces the departmental item for the Australian Customs and Border Protection Service by $8,460,000. The determination is detailed in Schedule 1, which lists the entity, the appropriation item, the legislative authority, the request by the responsible Minister, and the amount by which the appropriation is reduced.
The obligations and requirements imposed by this Act are clear and procedural. The Minister for Finance and Deregulation must adhere to the request made by the Minister for Home Affairs, as stipulated in section 13(1). The Minister for Home Affairs is responsible for providing the necessary written request to the Minister for Finance and Deregulation, indicating that the reduction in the departmental item is required. Additionally, the Australian Customs and Border Protection Service must be consulted in the preparation of the instrument, as mandated by the Legislative Instruments Act 2003. This ensures that the agency whose appropriation is being reduced is aware of and agrees to the changes being implemented.
The instrument outlines specific consequences for non-compliance with its provisions. However, it does not explicitly mention offences, penalties, or civil/criminal consequences for breach. Given the nature of the instrument, any breach would likely be addressed through administrative or internal departmental processes rather than through formal legal penalties. The reduction of the appropriation is a financial adjustment and not an action that would typically result in severe legal repercussions. Nonetheless, the integrity of the budgetary process and adherence to legislative requirements remain paramount to avoid any potential repercussions that might arise from improper handling of appropriations.