Overview

The Determination to Reduce Appropriations Upon Request (No. 4 of 2010-2011) was enacted in 2011, addressing a surplus in appropriations for the Attorney-General's Department (AGD). This legislative instrument was created in response to a request from the Minister for Finance and Deregulation, pursuant to the authority granted under the Appropriation Act (No. 1) 2009-2010 and Appropriation Act (No. 4) 2004-2005. The key objective of this determination was to adjust appropriations to reflect a shortfall in administered revenue from the National Classification Scheme, as well as to account for the surplus funds allocated to the defunct Christmas Island Space Station project. The instrument effectively reduces the departmental item by $805,257.55 and the administered assets and liabilities item by $20,200,000, as requested by the AGD and approved by the relevant Ministers. This determination aims to ensure accurate financial management and accountability within the AGD, aligning departmental appropriations with actual requirements.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 4 of 2010-2011) pertains to the Attorney-General’s Department and applies to specific appropriations within the Appropriation Act (No. 1) 2009-2010 and the Appropriation Act (No. 4) 2004-2005. This instrument, enacted by the Minister for Finance and Deregulation, serves to reduce the departmental and administered assets and liabilities items of the Attorney-General’s Department, following a written request from the Minister responsible for the department. The reduction in appropriations addresses a surplus in administered revenue for the National Classification Scheme and the surplus appropriation for the now defunct Christmas Island Space Station project. The instrument is applicable at the Commonwealth level and is subject to disallowance as a legislative instrument. The scope of the Act is limited to the specific appropriation items identified in the schedules, with no broader application to other entities, industries, or transactions. The instrument reflects the precise adjustments requested by the Attorney-General and approved by Cabinet, thereby reducing the appropriation items by the specified amounts.

Key Provisions

The main operative sections of the Determination to Reduce Appropriations Upon Request (No. 4 of 2010-2011) are found in Schedule 1 and Schedule 2, which respectively reduce the departmental item for the Attorney-General’s Department in Appropriation Act (No. 1) 2009-2010 by $805,257.55 and the administered assets and liabilities item for the Attorney-General’s Department in Appropriation Act (No. 4) 2004-2005 by $20,200,000. This was made pursuant to the authority granted under subsection 10(2) and subsection 11(1) of the Appropriation Acts, respectively, at the request of the Minister responsible for the Attorney-General’s Department. The obligations and requirements imposed by this Act on the relevant parties primarily involve the submission of a written request from the Minister responsible for the Attorney-General’s Department to the Minister for Finance and Deregulation. This request must detail the specific appropriation items that are deemed surplus to the needs of the Attorney-General’s Department. Additionally, the determinations made under this Act are legislative instruments and thus are subject to disallowance, which means that Parliament has the power to review and potentially annul these determinations. In terms of the consequences for breach, the Act does not explicitly detail specific offences, penalties, or consequences for non-compliance with the determinations. However, the disallowance provision under the Legislative Instruments Act 2003 implies that if the determinations are found to be improper or exceed the legislative authority, they can be annulled by Parliament. This serves as a significant deterrent against improper reductions in appropriations, ensuring that any reductions are made within the bounds of the law and upon legitimate grounds.