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Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 [No. 2]

Part 3 Adjusting appropriation items

   

12   Reducing State, ACT, NT and local government items and administered items

             (1)  If:

                     (a)  an annual report for an Agency for the current year is tabled in the Parliament; and

                     (b)  the report specifies the amount required by an Agency in respect of:

                              (i)  a State, ACT, NT and local government item for the Agency; or

                             (ii)  an administered item for the Agency; and

                     (c)  the required amount is less than the amount of the item;

the item is taken to be reduced to the required amount.

             (2)  The Finance Minister may, by writing, determine that subsection (1):

                     (a)  does not apply in relation to the item; or

                     (b)  applies as if the amount specified in the annual report were the amount specified in the determination.

             (3)  A determination made under subsection (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.

13   Reducing administered assets and liabilities items and other departmental items

             (1)  A written request to reduce an administered assets and liabilities item or an other departmental item for an Agency may be made to the Finance Minister by:

                     (a)  the Minister who is responsible for the Agency; or

                     (b)  if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency.

             (2)  If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.

             (3)  However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been applied under Part 2 in respect of the item.

             (4)  The item is taken to be reduced in accordance with the determination.

             (5)  A request made under subsection (1) is not a legislative instrument.

             (6)  A determination made under subsection (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.

14   Reducing CAC Act body payment items

             (1)  A written request to reduce a CAC Act body payment item for a CAC Act body may be made to the Finance Minister by:

                     (a)  the Minister who is responsible for the body; or

                     (b)  if the Finance Minister is responsible for the body—the Secretary of the Department.

Note:          For Department , see subsection 19A(3) of the Acts Interpretation Act 1901 .

             (2)  If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.

             (3)  However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been paid to the body in respect of the item.

             (4)  The item is taken to be reduced in accordance with the determination.

             (5)  Subsection 11(2) does not limit the reduction of a CAC Act body payment item under this section.

             (6)  A request made under subsection (1) is not a legislative instrument.

             (7)  A determination made under subsection (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.