Overview

The Determination to Reduce Appropriations Upon Request (No. 7 of 2010-2011), made under the authority of the Minister for Finance and Deregulation on 1 February 2011, seeks to address an appropriation surplus identified by the Minister for Broadband, Communications and the Digital Economy. Enacted pursuant to subsection 10(2) of the Appropriation Act (No. 1) 2009-2010, the instrument reduces the departmental item for the Department of Broadband, Communications and the Digital Economy (DBCDE) by $6,000,000. This reduction reflects funds that were allocated for National Broadband Network related activities in 2009-10 but are no longer required. The instrument was issued following a written request from the Minister for Broadband, Communications and the Digital Economy, and it aligns with the policy objective of ensuring efficient use of public funds by reallocating surplus appropriations.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 7 of 2010-2011) applies to the Department of Broadband, Communications and the Digital Economy (DBCDE) and affects the appropriation item within the Appropriation Act (No. 1) 2009-2010. The purpose of this instrument is to reduce a surplus appropriation of $6,000,000 that the Minister for Broadband, Communications and the Digital Economy has deemed unnecessary for the department's requirements. This reduction relates to unspent funds originally allocated for National Broadband Network activities in the 2009-2010 financial year. The instrument was authorised under subsection 10(2) of the Appropriation Act (No. 1) 2009-2010, which allows the Minister for Finance and Deregulation to make such a determination upon receiving a written request from the responsible Minister. The instrument is legislative in nature and is subject to disallowance. The scope of the instrument is limited to the specified appropriation item and the DBCDE, and it does not extend to other departments or unrelated expenditure. The instrument is subject to consultation with the DBCDE as required by the Legislative Instruments Act 2003.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 7 of 2010-2011), made under subsection 10(2) of the Appropriation Act (No. 1) 2009-2010, serves the primary purpose of reducing a surplus appropriation for the Department of Broadband, Communications and the Digital Economy (DBCDE). This reduction, as specified in Schedule 1, decreases the departmental item for DBCDE by $6,000,000. This reduction is based on a request made by the Minister for Broadband, Communications and the Digital Economy, who identified that certain funds allocated for National Broadband Network activities in the 2009-2010 financial year were no longer necessary. The legislative instrument allows the Minister for Finance and Deregulation to implement such reductions upon receiving a written request from the relevant Minister responsible for the agency. Entities governed by this Act, such as the DBCDE, are subject to the specific obligations and requirements outlined in the Determination. The Department must ensure that the reduction in appropriations is accurately reflected in their financial records and reporting. Furthermore, they must demonstrate that the funds previously allocated for National Broadband Network activities are indeed surplus and no longer needed, providing a clear rationale for the reduction request. The responsible Minister must formally request the reduction in writing, confirming the surplus funds and their decision to reallocate these resources. Failure to adhere to the provisions of this Determination may lead to various civil or criminal consequences, depending on the nature and severity of the breach. While the Explanatory Statement does not specify particular penalties, breaches of legislative instruments can typically result in administrative actions, financial penalties, or other sanctions as prescribed by relevant laws. The consequences of non-compliance can range from corrective measures to more severe legal repercussions, depending on the impact of the breach on the public funds and the integrity of the appropriation process.