Overview

The Determination to Reduce Appropriations Upon Request (No. 9 of 2011-2012), made on 1 March 2012, was enacted under the authority of the Minister for Finance and Deregulation in accordance with the Appropriation Act (No. 1) 2010-2011 and Appropriation Act (No. 2) 2010-2011. The objective of this determination was to address the issue of surplus appropriations within the Department of Human Services (DHS) for the financial year 2010-2011. Upon receiving a written request from the Minister for Human Services, the Finance Minister reduced the departmental item for DHS by $14.194 million and the other departmental item (Equity Injections) by $13.300 million, as outlined in Schedules 1 and 2 respectively. This reduction was made to align the appropriations with the actual requirements of DHS, ensuring efficient allocation of financial resources.

Scope and Application

The Determination to Reduce Appropriations Upon Request (No. 9 of 2011-2012) applies to appropriations within the Department of Human Services (DHS) for the financial years 2010-2011 as specified under the Appropriation Acts (No. 1 and No. 2) 2010-2011. This instrument is applicable to the Commonwealth of Australia and is enacted by the Minister for Finance and Deregulation under the authority of the Appropriation Acts. The primary purpose of this determination is to adjust the financial allocations for DHS in response to a written request from the Minister for Human Services, reflecting the conclusion that certain appropriations are surplus to the department's needs. The determination reduces the departmental item for DHS by $14.194 million and the equity injections item by $13.300 million, following consultation with DHS as required by the Legislative Instruments Act 2003. This instrument does not include any exclusions, exemptions, or thresholds beyond those specified in the schedules attached to the determination. The applicability and specific details of the reduction may be further defined through subordinate instruments, ensuring precise execution of the financial reallocation.

Key Provisions

The primary sections of the Determination to Reduce Appropriations Upon Request (No. 9 of 2011-2012) pertain to the reduction of appropriations for the Department of Human Services (DHS) as outlined in Schedule 1 and Schedule 2. Specifically, Section 10(2) of the Appropriation Act (No. 1) 2010-2011 permits the Minister for Finance and Deregulation to reduce the departmental item for DHS by $14.194 million, while Section 13(2) of the Appropriation Act (No. 2) 2010-2011 allows for a reduction in the other departmental item (Equity Injections) by $13.300 million. This reduction is based on a written request from the Minister for Human Services, who identified these appropriations as surplus to DHS's requirements. The obligations imposed by this Act on the relevant parties include the requirement for the Minister for Human Services to submit a written request to the Minister for Finance and Deregulation if there are surplus appropriations within DHS. Once the request is received, the Minister for Finance and Deregulation must issue the determination within the legislative framework, reducing the specified appropriations accordingly. This process ensures that the appropriations are aligned with the actual needs of the department, thereby promoting efficient fiscal management. Breaches of the provisions outlined in this Determination can lead to civil or criminal consequences depending on the nature and intent of the non-compliance. However, the specific offences, penalties, or consequences for non-compliance are not explicitly detailed in the Determination itself. Generally, under Australian law, failure to adhere to legislative requirements may result in financial penalties, legal action, or other administrative sanctions. The maximum penalties, if applicable, would be determined by the relevant legislation governing the specific breach.