Instrument to Reduce Appropriations (No. 2 of 2013-2014)

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Explanatory Statement for the Instrument to Reduce Appropriations (No. 2 of 2013‑2014)

 

Name of the Instrument

The Instrument is called the Instrument to Reduce Appropriations (No. 2 of 2013‑2014). It has been provided this name, rather than being called a “determination”, on the basis that it is a legislative instrument, for the purposes of the Legislative Instruments Act 2003.

Purpose of the Instrument

The Instrument is made to reduce appropriation items for the agencies listed in the Instrument, through determinations made under the following provisions:

  • section 11 of Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014;
  • section 11 of Appropriation (Parliamentary Departments) Act (No. 1) 2012-2013; and
  • section 11 of Appropriation (Parliamentary Departments) Act (No. 1) 2011-2012.

Legislative authority

The Instrument to which this explanatory statement applies reduces a range of appropriations in annual Appropriation Acts, consistent with the statutory process set out in those Acts, and are contained in section 11 of each of the Acts listed above. The processes are common in requiring a request to reduce an appropriation to be made to the Finance Minister (the Minister for Finance). The request may be made by a Minister with responsibility for:

  • an agency, within the meaning of the Financial Management and Accountability Act 1997 (including the Departments of the Parliament); or
  • the High Court of Australia; or
  • a body within the meaning of the Commonwealth Authorities and Companies Act 1997 (CAC Act).

The common statutory processes allow a request to be made to the Finance Minister by the responsible Presiding Officer for the relevant Department of the Parliament, as defined in section 3 of each of the Acts listed above. The responsible Presiding Officer for the Parliamentary Departments in the Instrument is: the President, for the Department of the Senate; the Speaker, for the Department of the House of Representatives.

Section 11 of each of the Acts listed above enables the Finance Minister to make a determination reducing the departmental item for an agency covered by that Act.

Disallowance

This Instrument is a legislative instrument and is disallowable. Section 42 (disallowance) of the Legislative Instruments Act 2003 applies to this Instrument (despite subsection 44(2) of that Act which exempts certain legislative instruments from disallowance). However, Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not apply to this Instrument.

Statement of Compatibility with Human Rights

The annual Appropriation Acts perform an important constitutional function, by authorising the withdrawal of money from the Consolidated Revenue Fund for the broad purposes indentified in the annual Appropriation Acts.

However, as the High Court has emphasised, beyond this, the annual Appropriation Acts do not create rights and nor do they, importantly, impose any duties.

Given that the legal effect of annual Appropriation Acts is limited in this way, the reduction of amounts in the annual Appropriation Acts is not seen as engaging, or otherwise affecting, the rights or freedoms relevant to the Human Rights (Parliamentary Scrutiny) Act 2011.

Consultation

Consistent with Part 3 of the Legislative Instruments Act 2003, all agencies included in the Instrument were consulted in the preparation of the Instrument.

Operation of the Instrument

The reductions to appropriations are made upon requests of the responsible Presiding Officer for the Department of the Senate and the Department of the House of Representatives.

Format of Numerals in the Instrument

Requests for appropriation reductions were made to an amount to the dollar, which is reflected in the Instrument.

Overview of the Schedules

The three Schedules of this Instrument reduce appropriations by a total amount of $2,462,285.

Schedule 1: Appropriation (Parliamentary Departments) Act (No. 1) 2013‑2014

Schedule 1 reduces departmental items for the two agencies listed in the Schedule to a total amount of $691,569.

Schedule 2: Appropriation (Parliamentary Departments) Act (No. 1) 2012‑2013

Schedule 2 reduces departmental items for the two agencies listed in the Schedule to a total amount of $1,340,933.

Schedule 3: Appropriation (Parliamentary Departments) Act (No. 1) 2011‑2012

Schedule 3 reduces a departmental item for the agency listed in the Schedule to a total amount of $429,783.

Overview

The Instrument to Reduce Appropriations (No. 2 of 2013-2014) was enacted to address the need for a streamlined process to reduce appropriations for specified agencies as per the statutory requirements outlined in the Appropriation (Parliamentary Departments) Acts of the years 2011-2012, 2012-2013, and 2013-2014. The instrument, issued under the Legislative Instruments Act 2003, facilitates the reduction of appropriations by enabling the Finance Minister to make determinations upon request from the responsible Presiding Officers of the Department of the Senate and the Department of the House of Representatives. This process is designed to align with the constitutional function of annual Appropriation Acts while ensuring that the reductions made do not infringe upon any human rights or freedoms as stipulated by the Human Rights (Parliamentary Scrutiny) Act 2011. The total reduction across the three schedules amounts to $2,462,285.

Scope and Application

The Instrument to Reduce Appropriations (No. 2 of 2013-2014) applies to appropriations under the Appropriation (Parliamentary Departments) Act (No. 1) for the years 2013-2014, 2012-2013, and 2011-2012. It specifically targets appropriations for the Department of the Senate, the Department of the House of Representatives, the High Court of Australia, and other bodies within the meaning of the Commonwealth Authorities and Companies Act 1997. The Instrument enables the reduction of these appropriations upon requests made by the respective responsible Presiding Officers—the President for the Department of the Senate, the Speaker for the Department of the House of Representatives, or a Minister with responsibility for an agency or body. This legislative instrument is applicable across the Commonwealth of Australia and is subject to disallowance under the Legislative Instruments Act 2003, though it is not subject to the sunsetting provisions of that Act. The reductions detailed in the three schedules total $2,462,285 across the specified financial years.

Key Provisions

The main operative sections of the Instrument to Reduce Appropriations (No. 2 of 2013-2014) (the Instrument) are found in sections 11 of the Appropriation (Parliamentary Departments) Acts for the years 2011-2012, 2012-2013, and 2013-2014. These sections enable the Finance Minister to make a determination reducing the appropriation items for specified agencies as requested by the responsible Presiding Officer for the Department of the Senate or the Department of the House of Representatives (section 11). The Instrument comprises three schedules, each corresponding to an Appropriation Act for a specific financial year, and each detailing the specific appropriations to be reduced for the relevant agencies. The Instrument imposes specific obligations and requirements on the parties and entities it governs. It mandates that any request to reduce an appropriation must be made by the responsible Presiding Officer, as defined in the respective Appropriation Acts, and can be initiated by a Minister with responsibility for an agency, the High Court of Australia, or a body within the meaning of the Commonwealth Authorities and Companies Act 1997. The Finance Minister then has the authority to make a determination reducing the appropriation item upon such a request. The Instrument also specifies that these reductions are to be made in the format of whole dollar amounts as requested. In terms of the consequences for non-compliance, the Instrument is a legislative instrument and is subject to disallowance under section 42 of the Legislative Instruments Act 2003. This means that Parliament can annul the Instrument if it chooses to do so. However, the Instrument is not subject to the sunsetting provisions under Part 6 of the same Act. There are no explicit offences, penalties, or civil/criminal consequences outlined in the text for breach of the Instrument itself, though it is governed by the broader legislative framework which includes the potential for disallowance. The financial impact of the Instrument is significant, with total reductions amounting to $2,462,285 across the three schedules, impacting specific agencies listed in each schedule.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.