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Appropriation Bill (No. 6) 2007-2008

Part 3 Adjustments to basic appropriations

   

11   Reduction of appropriations upon request

             (1)  The Finance Minister may, upon written request by a Minister, make a written determination reducing an administered assets and liabilities item or an other departmental item for an entity for which the Minister is responsible by the amount specified in the determination.

             (2)  The Finance Minister may, upon written request by the Chief Executive of an entity for which the Finance Minister is responsible, make a written determination reducing an administered assets and liabilities item or an other departmental item for that entity by the amount specified in the determination.

             (3)  Where a determination is made, the amount specified in the item is taken to have been reduced by the amount specified in the determination.

             (4)  However, a determination is of no effect if the determination has not been requested under subsection (1) or (2).

             (5)  In addition, a determination reduces an amount specified in the item only to the extent that the amount of the reduction is no greater than the lesser of the following:

                     (a)  the amount requested under subsection (1) or (2);

                     (b)  the difference between the amount specified in the item and the amount issued out of the Consolidated Revenue Fund by the Finance Minister in respect of that item.

             (6)  For the purposes of paragraph (5)(b), an amount is not taken to have been issued by the Finance Minister until the amount is paid out of the Consolidated Revenue Fund.

             (7)  To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (5)(b) to the amount specified in the item is taken to be a reference to the amount specified in the item as reduced by that previous determination and any other previous determination.

             (8)  To avoid doubt, a determination made under subsection (1) or (2) applies despite any other provision of this Act.

             (9)  A determination made under subsection (1) or (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003 , section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.

           (10)  A written request made under subsection (1) or (2) is not a legislative instrument.

12   Advance to the Finance Minister

             (1)  This section applies if the Finance Minister is satisfied that:

                     (a)  there is an urgent need for expenditure, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 2; and

                     (b)  the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 2:

                              (i)  because of an erroneous omission or understatement; or

                             (ii)  because the additional expenditure was unforeseen until after the last day on which it was practicable to provide for it in the Bill for this Act before that Bill was introduced into the House of Representatives.

             (2)  This Act has effect as if Schedule 2 were amended, in accordance with a determination of the Finance Minister, to make provision for so much (if any) of the additional expenditure as the Finance Minister determines.

             (3)  The total of the amounts determined:

                     (a)  under this section; and

                     (b)  under section 12 of the Appropriation Act (No. 2) 2007-2008 ; and

                     (c)  under section 12 of the Appropriation Act (No. 4) 2007-2008 ;

cannot be more than $215 million.

             (4)  However, if:

                     (a)  an amount determined by the Finance Minister under section 12 of the Appropriation Act (No. 2) 2007-2008 is recovered from an amount set out in:

                              (i)  Schedule 2 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 2007-2008 ; or

                             (ii)  Schedule 2 to the Appropriation Act (No. 4) 2007-2008 ; or

                            (iii)  Schedule 2 to this Act; or

                     (b)  an amount determined by the Finance Minister under section 12 of the Appropriation Act (No. 4) 2007-2008 is recovered from an amount set out in:

                              (i)  Schedule 2 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 2007-2008 ; or

                             (ii)  Schedule 2 to this Act;

the determined amount is to be disregarded for the purposes of subsection (3).

             (5)  A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.