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Appropriation Bill (No. 5) 2013-2014

Part 3 Adjusting appropriation items

   

10   Reducing departmental items

             (1)  A written request to reduce a departmental item for an Agency may be made to the Finance Minister by:

                     (a)  the Prime Minister or a Minister acting on behalf of the Prime Minister; or

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

                     (c)  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             (5)  Despite subsection 33(3) of the Acts Interpretation Act 1901 , the determination must not be rescinded, revoked, amended or varied, other than to correct an error.

             (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.

11   Reducing 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 the Agency in respect of 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:

                     (a)  determine that subsection (1):

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

                             (ii)  applies as if the amount specified in the annual report were the amount specified in the determination; or

                     (b)  if the report does not specify the required amount—determine an amount that is taken to be the required amount for the purposes of subsection (1).

             (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.

12   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 Prime Minister or a Minister acting on behalf of the Prime Minister; or

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

                     (c)  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)  Despite subsection 33(3) of the Acts Interpretation Act 1901 , the determination must not be rescinded, revoked, amended or varied, other than to correct an error.

             (6)  Subsection 9(2) does not limit the reduction of a CAC Act body payment item under this section.

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

             (8)  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   Advance to the Finance Minister

             (1)  If the Finance Minister determined an amount under subsection 13(2) of the Appropriation Act (No. 1) 2013-2014 before the commencement of this Act, the amount is to be disregarded for the purposes of subsection 13(3) of that Act.

Note:          This means that, after the commencement of this Act, the Finance Minister has access to $295 million under section 13 of the Appropriation Act (No. 1) 2013-2014 , regardless of amounts that have already been determined under that section.

             (2)  If:

                     (a)  this Act appropriates an amount for particular expenditure; and

                     (b)  before the commencement of this Act, the Finance Minister determined an amount (the advanced amount ) under section 13 of the Appropriation Act (No. 1) 2013-2014 for the expenditure;

the amount appropriated by this Act for the expenditure is taken to be reduced (but not below nil) by the advanced amount.