Overview
The Determination to Reduce Appropriations Upon Request (No. 9 of 2008-2009) was enacted by the Minister for Finance and Deregulation under subsection 12(2) of the annual Appropriation Act (No. 1) 2008-2009. This legislation addresses the need to adjust budget allocations in response to specific requests from relevant Ministers, ensuring that appropriations more accurately reflect the intended nature of the expenditure. Enacted by the Australian Parliament, the policy objective of this determination is to provide a mechanism for reducing appropriations upon request, facilitating more precise financial management and alignment with budgetary intentions. The instrument was issued following a request from the Minister for the Environment, Heritage and the Arts, aiming to correct an appropriation error by reducing the Department of the Environment, Water, Heritage and the Arts' payment to the National Film and Sound Archive by $90,000.
Scope and Application
The Determination to Reduce Appropriations Upon Request (No. 9 of 2008-2009) pertains to the reduction of appropriations for the Department of the Environment, Water, Heritage and the Arts, specifically for a payment to the National Film and Sound Archive. This legislative instrument was made under the authority of the Minister for Finance and Deregulation in accordance with the annual Appropriation Act (No. 1) 2008-2009. The instrument reduces the specified appropriation item by $90,000 at the request of the responsible Minister for the agency, in this case, the Minister for the Environment, Heritage and the Arts, who sought the reduction to better reflect the capital nature of the expenditure. The determination is a Legislative Instrument and is disallowable. The instrument is limited to the specific payment item mentioned in the schedule and does not extend to other entities or industries outside the Department of the Environment, Water, Heritage and the Arts or the National Film and Sound Archive. The reduction applies within the jurisdictional scope of the Commonwealth of Australia, as mandated by the Appropriation Act. This instrument does not specify any exclusions, exemptions, or thresholds beyond the context of the particular appropriation item.
Key Provisions
The main operative section of the Determination to Reduce Appropriations Upon Request (No. 9 of 2008-2009) is Schedule 1, Item 1, which specifies the reduction of the Department of the Environment, Water, Heritage and the Arts' (Environment) payment item to the National Film and Sound Archive (NFSA) by $90,000 as per Subsection 12(2) of the Annual Appropriation Act (No. 1) 2008-2009. This reduction reflects a correction to the appropriation originally intended for Appropriation Act (No. 2) 2008-2009, aligning the expenditure with its capital nature. The determination was made in response to a written request from the Minister for the Environment, Heritage and the Arts to the Minister for Finance and Deregulation. This legislative instrument is disallowable and requires consultation with the affected agency, as mandated by the Legislative Instruments Act 2003.
The Act imposes several obligations on the relevant parties. Firstly, the Minister for Finance and Deregulation must act upon a written request from the responsible Minister for the agency to reduce a CAC Act body payment item. This request must align with the provisions set out in Subsection 12(2) of the Annual Appropriation Act (No. 1) 2008-2009. Additionally, the Act requires consultation with the agency affected by the reduction, ensuring transparency and stakeholder involvement in the process. This procedural requirement is intended to maintain the integrity and accountability of the appropriation process.
The Determination includes provisions for potential civil and criminal consequences for any breaches of the legislative requirements. Although the specific offences and penalties are not detailed in the explanatory statement, the disallowance mechanism under the Legislative Instruments Act 2003 allows for scrutiny and challenge of the instrument. This means that if any part of the determination is found to be inconsistent with the Act or otherwise unlawful, it can be disallowed by either house of Parliament. The disallowance process serves as a significant check on the powers granted by the Act, ensuring that the legislative intent is upheld and any breaches are appropriately addressed.
Given the disallowable nature of the Determination, any breaches of the legislative requirements could result in the instrument being nullified by Parliament. This serves as a strong deterrent against non-compliance, as the consequences of such a breach could lead to the invalidation of the entire determination. While specific penalties are not outlined in the explanatory statement, the potential for disallowance underscores the seriousness with which the legislative framework treats compliance with its provisions. This mechanism ensures that any inappropriate use of the authority granted by Subsection 12(2) is swiftly addressed and rectified.