Determination to Reduce Appropriations Upon Request (No. 6 of 2008-2009)

Administered by Department of Finance

Legislation au F2008L04293 Not in force Legislative Instrument

Legislation content

 

 

Issued by the authority of the Minister for Finance and Deregulation

 

The instrument to which this explanatory statement relates

 

Determination to Reduce Appropriations Upon Request (No. 6 of 2008-2009)

Date instrument was made

 

23 October 2008

The legislative authority under which the instrument is made

 

Subsection 9(1) of annual Appropriation (Northern Territory National Emergency Response) Act (No. 1)
2007-2008 enables the Minister for Finance and Deregulation (Finance Minister) to make a Determination reducing an administered assets and liabilities item or an other departmental item. 

 

A determination made under subsection 9(1) must be in accordance with a written request made to the Finance Minister by the responsible Minister for the entity.

Purpose and effect of the instrument

 

Schedule 1, Item 1 of the instrument determines that the departmental item for the Department of Defence in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 be reduced by $3,296,000.

The effect of this instrument is to reduce the departmental item appropriation item for the Department of Defence in Schedule 1 of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 by the amount of $3,296,000.

 

Schedule 1, Item 2 of the instrument determines that the departmental item for Indigenous Business Australia in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 be reduced by $3,572,000.

The effect of this instrument is to reduce the departmental item appropriation item for Indigenous Business Australia in Schedule 1 of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 by the amount of $3,572,000.

 

Schedule 1, Item 3 of the instrument determines that the departmental item for the Department of Health and Ageing in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 be reduced by $2,452,000.

The effect of this instrument is to reduce the departmental item appropriation item for the Department of Health and Ageing in Schedule 1 of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 by the amount of $2,452,000.

 

Schedule 1, Item 4 of the instrument determines that the departmental item for the Department of Human Services in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 be reduced by $259,547.89.

The effect of this instrument is to reduce the departmental item appropriation item for the Department of Human Services in Schedule 1 of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 by the amount of $259,547.89.

 

Schedule 1, Item 5 of the instrument determines that the departmental item for Medicare Australia in Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 be reduced by $15,000.

The effect of this instrument is to reduce the departmental item appropriation item Medicare Australia in Schedule 1 of Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008 by the amount of $15,000.

Background

The Minister for Defence wrote to the Finance Minister on 29 September 2008 requesting a determination to reduce the Department of Defence’s departmental item under Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. 

The request was made due to underspends in Northern Territory Emergency Response initiatives.

 

The Minister for Families, Housing, Community Services and Indigenous Affairs wrote to the Finance Minister on 25 September 2008 requesting a determination to reduce Indigenous Business Australia’s departmental item under Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. 

The request was made due to underspends in Northern Territory Emergency Response initiatives.

 

The Minister for Health and Ageing wrote to the Finance Minister on 19 September 2008 requesting a determination to reduce the Department of Health and Ageing’s departmental item under Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. 

The request was made due to underspends in Northern Territory Emergency Response initiatives.

 

The Minister for Human Services wrote to the Finance Minister on 23 September 2008 requesting determinations to reduce departmental items appropriated to the Department of Human Services and Medicare Australia under Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. 

The request was made due to underspends in Northern Territory Emergency Response initiatives.

Notes on the Instrument

Schedule 1 to the instrument contains the Determinations which list the entities to which each Determination applies. 

Each entity’s reduction determination table is contained within an individual provision. Each provision provides that the entity in column 1, has the appropriation item in column 2, under the legislative authority in column 3, through the request by the responsible Minister in Column 4, reduced, by the amount in column 5.

In accordance with the Legislative Instruments Act 2003, Health was consulted in the preparation of this instrument.

 

Overview

The Determination to Reduce Appropriations Upon Request (No. 6 of 2008-2009) was enacted on 23 October 2008 by the Minister for Finance and Deregulation under the legislative authority of the annual Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. This instrument was introduced to address underspends in Northern Territory Emergency Response initiatives, as requested by various ministers responsible for specific departments and entities. The purpose of this determination is to reduce the departmental appropriations for the Department of Defence, Indigenous Business Australia, the Department of Health and Ageing, the Department of Human Services, and Medicare Australia, in response to written requests from the respective responsible ministers. The reductions were made to reflect the actual expenditures and to ensure the appropriation amounts align with the spending patterns of the initiatives.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 6 of 2008-2009) pertains to the reduction of appropriations for specific departments and entities under the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. This instrument applies to the Department of Defence, Indigenous Business Australia, the Department of Health and Ageing, the Department of Human Services, and Medicare Australia. The reductions were made at the request of the respective responsible Ministers due to underspends in Northern Territory Emergency Response initiatives. Each department or entity's appropriation item was reduced by a specified amount as determined in Schedule 1 of the instrument. The determinations were made under the legislative authority provided by subsection 9(1) of the Appropriation Act, and each reduction was executed as per a written request from the relevant Minister to the Minister for Finance and Deregulation. The instrument does not explicitly state any exclusions, exemptions, or thresholds, nor does it extend or restrict application through subordinate instruments.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 6 of 2008-2009) under subsection 9(1) of the Annual Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008, made on 23 October 2008, provides for the reduction of appropriations for several government entities due to underspends in Northern Territory Emergency Response initiatives. The reductions are detailed in Schedule 1, with specific determinations listed for the Department of Defence, Indigenous Business Australia, the Department of Health and Ageing, the Department of Human Services, and Medicare Australia. For instance, the Department of Defence's appropriation is reduced by $3,296,000 (Item 1), Indigenous Business Australia's by $3,572,000 (Item 2), the Department of Health and Ageing's by $2,452,000 (Item 3), the Department of Human Services' by $259,547.89 (Item 4), and Medicare Australia's by $15,000 (Item 5). Each entity subject to a reduction must comply with the requirements set out in the determination, which is made following a written request by the responsible Minister to the Minister for Finance and Deregulation. The determinations specify the exact appropriation reductions for each entity, which must then be reflected in the financial records and budget allocations of the respective departments. This means that the entities must adjust their spending plans accordingly and ensure that the reduced appropriations are adhered to for the financial year in question. Breach of the terms set out in the determinations could potentially lead to financial mismanagement and misallocation of public funds, although the legislation itself does not explicitly outline specific penalties for non-compliance. However, failure to adhere to the appropriation reductions could result in broader fiscal implications and might be subject to scrutiny and review by relevant oversight bodies. The lack of specified penalties in the determinations suggests that any legal repercussions would likely stem from broader financial mismanagement or breach of public trust, rather than direct statutory penalties outlined within this instrument.

Legal classification tags

Area of Law
Budgetary & Appropriations Law
Instrument
Determination
Concepts
Definitions & Interpretation
Offence Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.