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Determination to Reduce Appropriations Upon Request (No. 23 of 2008-2009)

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Determination to Reduce Appropriations Upon Request (No. 23 of 2008-2009)
Annual Appropriation Acts
I, Lindsay Tanner, Minister for Finance and Deregulation, make this Instrument to effect a determination under subsection 9(1) of Appropriation Act (No. 1) 2007-2008.
 
 
Dated 24th April 2009
 
LINDSAY TANNER
Minister for Finance and Deregulation
 
Part 1        Preliminary
1.1           Name of Determination
                This Instrument is the Determination to Reduce Appropriations Upon Request (No. 23 of 2008-2009).
1.2           Commencement
                This Determination commences the day after registration on the Federal Register of Legislative Instruments (FRLI).
1.3           The Legislative Authority under which the Instrument is made
Subsection 9(1) of Appropriation Act (No. 1) 2007-2008 enables the Minister for Finance and Deregulation to make a determination reducing a departmental item for an entity by the amount specified in the Determination, upon receipt of a written request from the Minister responsible for that entity.
The provision was included in the Appropriation Acts to enable excess departmental appropriation items to be extinguished.
1.4           Purpose of the Instrument
                The Instrument contains a determination that reduces the appropriation item for the entity listed in Schedule 1 by the amount indicated in Column 5 of the provision.
1.5           Notes on the Instrument
                Schedule 1 to the Instrument contains the Determination which lists the entity to which the Determination applies.
                The entity’s reduction determination table is contained within an individual provision. The provision provides that the entity in column 1, has the appropriation item in column 2, under the legislative authority in column 3, through the request by the responsible Minister in Column 4, reduced, by the amount in column 5.
The Instrument reflects entity and portfolio names contained in the Appropriation Acts under which reductions are made, noting that these may have subsequently been changed by, for example, machinery of government changes.
 
1.6           Disallowance
                Subsection 9(9) of Appropriation Act (No. 1) 2007-2008 provides that a determination made under subsection 9(1) is a legislative instrument and despite subsection 44(2) of the Legislative Instruments Act 2003, (which provides that Instruments made under annual Appropriation Acts are not subject to disallowance under section 42 of the Legislative Instruments Act 2003) section 42 of that Act applies to this Determination.
1.7           Reduction in Appropriation Act (No. 1) 2007-2008
Schedule 1 contains a reduction determination for the Department of the Environment, Water, Heritage and the Arts for the departmental item appropriated by Appropriation Act (No. 1) 2007-2008.
 
Schedule 1     Reduction in Appropriation Act
(No. 1) 2007-2008
(Part 1.7)
 
ENVIRONMENT AND WATER RESOURCES PORTFOLIO
 
[1]        Department of the Environment and Water Resources
 
Column 1
Column 2
Column 3
Column 4
Column 5

Entity
Appropriation
Authority
Requested By
Reduction Amount $

Department of the Environment and Water Resources
Departmental item for the Department of the Environment and Water Resources in Appropriation Act (No. 1) 2007-2008
Subsection 9(1) of Appropriation Act (No. 1) 2007-2008
Minister for the Environment, Heritage and the Arts
12,103,000