Overview

The Determination to Reduce Appropriations Upon Request (No. 9 of 2009-2010) was enacted on 13 May 2010 under the authority of the Minister for Finance and Deregulation. This legislative instrument was introduced to address the need for financial adjustments within the Department of Transport and Regional Development, specifically concerning the appropriation of funds that were no longer required. The purpose of this determination was to reduce the administered assets and liabilities item for the department by $4,330,987.83, a request made by the Minister for Infrastructure, Transport, Regional Development and Local Government on 14 April 2010. The reduction reflects unused appropriations related to past funding for depreciation, amortisation, and make good expenses, which were deemed unnecessary following the 2010 Budget. The instrument was made in accordance with the Legislative Instruments Act 2003, ensuring that the Department of Transport and Regional Development was consulted during its preparation.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 9 of 2009-2010) is a legislative instrument issued by the Minister for Finance and Deregulation under subsection 11(1) of the annual Appropriation Act (No. 4) 2005-2006, aimed at reducing the administered assets and liabilities item for specific entities in response to a written request from the responsible Minister. This particular determination, made on 13 May 2010, reduces the administered assets and liabilities item for the Department of Transport and Regional Development by $4,330,987.83, reflecting unused appropriations that are no longer needed following the 2010 Budget changes. The instrument applies to the Department of Transport and Regional Development and is a legislative instrument subject to disallowance. It is important to note that this determination is made in accordance with the Legislative Instruments Act 2003, and the affected agency, the Department of Transport and Regional Development, was duly consulted in the preparation of the instrument.

Key Provisions

The core provision of the Determination to Reduce Appropriations Upon Request (No. 9 of 2009-2010) is outlined in Schedule 1, Item 1, which specifies a reduction of $4,330,987.83 in the administered assets and liabilities item for the Department of Transport and Regional Development under the Appropriation Act (No. 4) 2005-2006. This determination follows a formal request from the Minister for Infrastructure, Transport, Regional Development and Local Government dated 14 April 2010. The reduction reflects the unused appropriation for past funding of depreciation, amortisation, and make good expenses, which is no longer needed following the 2010 Budget. The Act imposes several obligations on the entities it governs, including the requirement for the responsible Minister to submit a written request to the Minister for Finance and Deregulation if they wish to reduce an administered assets and liabilities item. Furthermore, any determination made under the Act must adhere to the request and be made in accordance with the legislative authority specified, in this case, subsection 11(1) of the annual Appropriation Act (No. 4) 2005-2006. Additionally, the Act mandates consultation with the relevant agency, in this instance, the Department of Transport and Regional Development, in the preparation of the legislative instrument. Breach of the provisions outlined in the Determination could lead to various legal consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, it is noted that the determination is a legislative instrument and is subject to disallowance. This means that Parliament can review and potentially overturn the determination. Moreover, any failure to adhere to the legislative requirements could result in administrative or financial repercussions for the involved entities, although the exact nature of these consequences is not specified in the document.