Overview

The Determination to Reduce Appropriations Upon Request (No. 8 of 2011-2012) was made under the authority granted by the Appropriation Act (No. 1) 2011-2012, specifically subsection 10(2), which empowers the Minister for Finance and Deregulation to reduce the appropriation for an agency upon a written request from the relevant Minister. This legislative instrument was enacted on 20 January 2012, with the primary objective of addressing a surplus in appropriations for the Tertiary Education Quality and Standards Agency (TEQSA), as identified by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations. The determination reduces TEQSA’s departmental item by $3.786 million, which will be re-appropriated as an equity injection. The legislative instrument was subject to disallowance and was prepared in consultation with TEQSA, ensuring compliance with the Legislative Instruments Act 2003. The human rights impact of this determination was assessed and found to be negligible, consistent with the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 8 of 2011-2012) applies to the Tertiary Education Quality and Standards Agency (TEQSA), an agency under the purview of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations. This legislative instrument allows for the reduction of an appropriation item by $3.786 million as determined by the Minister for Finance and Deregulation. The instrument is made under the authority of subsection 10(2) of the Appropriation Act (No. 1) 2011-2012 and is a disallowable legislative instrument. The purpose of the instrument is to address a surplus appropriation for TEQSA as advised by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations. The instrument specifies that the appropriation reduction will be made permanent, with the surplus funds to be re-appropriated as an equity injection. The instrument is geographically and jurisdictionally limited to the Commonwealth level and applies specifically to the financial measures outlined within the Appropriation Act (No. 1) 2011-2012. TEQSA was consulted in the preparation of this instrument, as required by the Legislative Instruments Act 2003, and no human rights issues are raised by this determination.

Key Provisions

The Determination to Reduce Appropriations Upon Request (No. 8 of 2011-2012) specifies the reduction of a departmental item for the Tertiary Education Quality and Standards Agency (TEQSA) by $3.786 million. This reduction is detailed in Schedule 1 of the instrument and is based on a request from the Minister for Tertiary Education, Skills, Jobs and Workplace Relations (section 1). The Finance Minister, acting under the authority granted by subsection 10(2) of the Appropriation Act (No. 1) 2011-2012, made this determination in response to a written request from the relevant Minister (section 2). The Act allows for such reductions to be made when it is established that certain funds are not required by the agency, in this case, TEQSA. The obligations imposed by this legislation on the involved parties are primarily administrative. The Minister for Tertiary Education, Skills, Jobs and Workplace Relations is responsible for assessing the needs of TEQSA and making a formal request to the Finance Minister if they determine that a reduction in appropriation is justified (section 2). The Finance Minister, upon receiving such a request, must then review the request and, if appropriate, make the determination to reduce the appropriation as specified. Additionally, the Act requires that the affected agency, in this case TEQSA, is consulted during the preparation of the instrument to ensure their views are considered (section 4). This process is designed to ensure that appropriations are allocated efficiently and only as needed. There are no direct offences or penalties specified within this instrument for failure to comply with its provisions. However, the determination itself is a legislative instrument and, as such, is disallowable. This means that either house of Parliament can vote to disallow the determination, effectively rendering it null and void. The disallowance process is outlined in the Legislative Instruments Act 2003, which governs the creation and operation of legislative instruments such as this determination. While the Act does not detail specific penalties for non-compliance, the disallowance mechanism provides a means for Parliament to address any concerns regarding the appropriateness of the determination. In summary, the Determination to Reduce Appropriations Upon Request (No. 8 of 2011-2012) mandates a reduction in TEQSA’s appropriation by $3.786 million, based on a formal request from the relevant Minister and consultation with TEQSA. The obligations are primarily administrative, with the Finance Minister required to review and implement the reduction if deemed appropriate, and TEQSA required to be consulted during the instrument's preparation. Although no specific penalties are outlined, the disallowance process provides a parliamentary check on the determination's validity.