Determination to Reduce Appropriations Upon Request (No. 7 of 2008-2009)

Administered by Department of Finance

Legislation au F2008L04294 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. 7 of 2008-2009)

Date instrument was made

 

23 October 2008

The legislative authority under which the instrument is made

 

Subsection 11(1) of annual Appropriation (Northern Territory National Emergency Response) Act (No. 2)
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 11(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 other departmental item (Equity Injections) for Indigenous Business Australia in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 be reduced by $7,494,000.

The effect of this instrument is to reduce the other departmental item (Equity Injections) appropriation item for Indigenous Business Australia in Schedule 2 of Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 by the amount of $7,494,000.

 

Schedule 1, Item 2 of the instrument determines that the other departmental item (Equity Injections) for Centrelink in Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 be reduced by $11,723,027.

The effect of this instrument is to reduce the other departmental item (Equity Injections) appropriation item for Centrelink in Schedule 2 of Appropriation (Northern Territory National Emergency Response) Act (No. 2)
2007-2008 by the amount of $11,723,027.

 

Schedule 1, Item 3 of the instrument determines that the other departmental item (Equity Injections) for the Office of the Commonwealth Ombudsman in Appropriation (Northern Territory National Emergency Response) Act (No. 2)
2007-2008 be reduced by $132,000.

The effect of this instrument is to reduce the other departmental item (Equity Injections) appropriation item for the Office of the Commonwealth Ombudsman in Schedule 2 of Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008 by the amount of $132,000.

Background

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 other departmental item (Equity Injections) under Appropriation (Northern Territory National Emergency Response) Act (No. 2) 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 a determination to reduce Centrelink’s other departmental item (Equity Injections) under Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008. 

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

 

The Special Minister of State wrote to the Finance Minister on 22 September 2008 requesting a determination to reduce the Office of the Commonwealth Ombudsman’s other departmental item (Equity Injections) under Appropriation (Northern Territory National Emergency Response) Act (No. 2) 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. 7 of 2008-2009) was issued by the Minister for Finance and Deregulation under subsection 11(1) of the annual Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008. The determination was made in response to written requests from the respective responsible Ministers for Indigenous Business Australia, Centrelink, and the Office of the Commonwealth Ombudsman, each citing underspends in Northern Territory Emergency Response initiatives. This instrument reduces specific appropriations for these entities by specific amounts, totalling $20,349,044 across the three entities. The purpose of this determination is to address financial discrepancies arising from the underutilisation of allocated funds for the mentioned initiatives, ensuring fiscal responsibility and proper allocation of resources within the federal budget framework.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 7 of 2008-2009) was issued under the authority of the Minister for Finance and Deregulation, pursuant to Subsection 11(1) of the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008. This legislation applies specifically to the reduction of appropriated funds for particular other departmental items within three specified entities: Indigenous Business Australia, Centrelink, and the Office of the Commonwealth Ombudsman. The reductions were made in response to underspends in Northern Territory Emergency Response initiatives, as requested by the respective Ministers for Families, Housing, Community Services and Indigenous Affairs, Human Services, and the Special Minister of State. The geographic scope of this legislation is confined to the Northern Territory, focusing on the financial management of emergency response initiatives. The reductions are made through subordinate instruments listed in Schedule 1, each detailing the entity affected, the appropriation item subject to reduction, the legislative authority, the responsible Minister's request, and the specific amount by which the appropriation is reduced. No exclusions or exemptions are specified within the determination, and the instrument does not extend its application beyond the entities and appropriation items listed.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 7 of 2008-2009) is an instrument made under subsection 11(1) of the annual Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008. The key operative sections of this determination include the creation of Schedule 1, which lists specific reductions to appropriation items for certain entities. Specifically, Schedule 1, Item 1 reduces the other departmental item (Equity Injections) for Indigenous Business Australia by $7,494,000 (section 1, Item 1). Schedule 1, Item 2 reduces the same item for Centrelink by $11,723,027 (section 1, Item 2). Lastly, Schedule 1, Item 3 reduces the item for the Office of the Commonwealth Ombudsman by $132,000 (section 1, Item 3). These reductions are in response to underspends in the Northern Territory Emergency Response initiatives. The obligations and requirements imposed by this determination are primarily procedural. The reductions are made in accordance with written requests from the respective responsible Ministers to the Minister for Finance and Deregulation. For Indigenous Business Australia, the request was made by the Minister for Families, Housing, Community Services and Indigenous Affairs on 25 September 2008 (section 1, Item 1). For Centrelink, the request was made by the Minister for Human Services on 23 September 2008 (section 1, Item 2). The Special Minister of State made the request for the Office of the Commonwealth Ombudsman on 22 September 2008 (section 1, Item 3). The determinations themselves list the entities, the appropriation items affected, the legislative authority, the requesting Minister, and the amount of the reduction. There are no specific offences, penalties, or civil/criminal consequences outlined in this determination for breaches. However, the determination is made under the authority of the Appropriation Act, and any failure to comply with the provisions of this Act or related legislation could result in legal consequences. The maximum penalties would depend on the specific nature of any breach, as outlined in the relevant legislation. The determination itself focuses on administrative adjustments to appropriations rather than punitive measures.

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