Overview
The Determination to Reduce Appropriations Upon Request (No. 8 of 2008-2009) was enacted in 2008, under the authority of the Minister for Finance and Deregulation. This legislative instrument was introduced to address the need to adjust the appropriations for the Australian Federal Police following reported underspends in the Northern Territory Emergency Response initiatives. This determination was made in accordance with the provisions outlined in the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. The policy objective was to ensure fiscal responsibility and to reallocate resources effectively by reducing the departmental item appropriation for the Australian Federal Police by $5,598,000, as requested by the Minister for Home Affairs. The instrument was made in line with a written request from the Minister for Home Affairs to the Minister for Finance and Deregulation, reflecting the collaborative approach in managing public finances.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 8 of 2008-2009) applies specifically to the Australian Federal Police (AFP) and their departmental item appropriation under the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. Enacted by the Minister for Finance and Deregulation, the determination was made pursuant to subsection 9(1) of the Act, in response to a written request from the Minister for Home Affairs. This request was prompted by underspends within the Northern Territory Emergency Response initiatives, leading to a reduction of $5,598,000 in the AFP's appropriation item. The geographic reach of this Act is limited to the Commonwealth level, affecting only the federal entity of the Australian Federal Police. The instrument does not extend its application beyond the specified reduction in the appropriation item for the AFP, and no exemptions or exclusions are noted in the text. The application of this Act is confined to the particular context of the requested reduction and does not create broader legislative changes or impact other entities, industries, or conduct outside the specified parameters.
Key Provisions
The Determination to Reduce Appropriations Upon Request (No. 8 of 2008-2009) (the "Instrument") is a legislative instrument issued by the Minister for Finance and Deregulation, pursuant to subsection 9(1) of the Annual Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007-2008. This Instrument reduces a departmental item by $5,598,000 as requested by the Minister for Home Affairs (section 1). Specifically, Schedule 1, Item 1 of the Instrument reduces the Australian Federal Police's departmental item appropriation by the stated amount (section 1). The Minister for Home Affairs made a written request to the Finance Minister on 13 October 2008, seeking this reduction due to underspends in the Northern Territory Emergency Response initiatives (section 2).
The Instrument imposes certain obligations and requirements on the parties involved. Firstly, the Minister for Finance and Deregulation is mandated to make the determination in accordance with the written request from the responsible Minister for the entity (subsection 9(1)). The Instrument also requires consultation with the Australian Federal Police, as mandated by the Legislative Instruments Act 2003, ensuring that the entity impacted by the reduction is appropriately engaged in the process (section 3). Additionally, the determination must be recorded in Schedule 1 of the Instrument, detailing the entity, the appropriation item, the legislative authority, the request by the responsible Minister, and the amount of reduction (section 1).
Breaching the provisions of this Instrument or failing to comply with the obligations and requirements set out could have legal consequences. However, the Explanatory Statement does not explicitly detail specific offences, penalties, or civil/criminal consequences for breach. It is essential to consult the relevant legislation, such as the Legislative Instruments Act 2003, for further information on the potential consequences of non-compliance.