Appropriation Act (No. 1) 1999-2000 (Cth)

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Appropriation Act (No. 1) 1999‑2000

Act No. 46 of 1999 as amended

This compilation was prepared on 1 August 2008

taking into account amendments up to FMA Act Determination 2008/37 — Section 32 (Transfer of Functions from DITRDLG to AGD)

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to appropriate money out of the Consolidated Revenue Fund for the service of the year ending on 30 June 2000, and for related purposes

Part 1Preliminary 1Short title [see Note 1]

This Act may be cited as the Appropriation Act (No. 1) 1999‑2000.

2Commencement [see Note 1]

This Act commences on the day on which it receives the Royal Assent.

3Definitions

(1)
In this Act, unless the contrary intention appears:
administered item means an amount set out in the Schedule opposite an outcome of an entity under the heading “Administered Expenses”.
Agency has the same meaning as in the Financial Management and Accountability Act 1997.
Agency Minister, in relation to an Agency, means the Minister responsible for the Agency.
Appropriation Bill means the Bill for this Act.
Chief Executive has the same meaning as in the Financial Management and Accountability Act 1997.
Commonwealth authority has the same meaning as in the Commonwealth Authorities and Companies Act 1997.
Commonwealth company has the same meaning as in the Commonwealth Authorities and Companies Act 1997.
current year means the financial year ending on 30 June 2000.
departmental expenses includes payments for the acquisition of assets.
departmental item means the total amount set out in the Schedule in relation to an entity under the heading “Departmental Outputs”.
Note: The amounts set out opposite outcomes, under the heading “Departmental Outputs”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.
entity means any of the following:
(a)
an Agency;
(b)
a Commonwealth authority;
(c)
a Commonwealth company.
Finance Minister means the Minister administering this Act.
item means an administered item or a departmental item.
Portfolio Budget Statements means the Portfolio Budget Statements that were tabled in the Senate or the House of Representatives in relation to the Appropriation Bill and the Bill for the Appropriation Act (No. 2) 1999‑2000.
section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997.
Special Account has the same meaning as in the Financial Management and Accountability Act 1997.
(2)
For the purposes of section 6, expenditure on departmental outputs is taken to be departmental expenses.

4Notional payments, receipts etc.

For the purposes of this Act, notional transactions between Agencies are to be treated as if they were real transactions.
Note: This section applies, for example, to a “payment” between Agencies that are both part of the Commonwealth. One of the effects of this section is that the payment will be debited from an appropriation for the paying Agency, even though no payment is actually made from the Consolidated Revenue Fund.

Part 2Basic appropriations 5Summary of basic appropriations

The total of the items specified in the Schedule is $36,024,358,000.
Note: Items in the Schedule can be increased under Part 3 of this Act.

6Departmental items – basic appropriation

(1)
For a departmental item for an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.
Note: Generally, the Finance Minister is permitted, but not obliged, to issue the amounts out of the Consolidated Revenue Fund. However, subsections (3) and (4) impose an obligation on the Finance Minister to issue the amounts in certain circumstances.
(2)
An amount issued out of the Consolidated Revenue Fund for a departmental item may only be applied for the departmental expenses of the entity.
Note: A departmental item may be used to acquire assets. However, the acquisition of new assets will usually be funded from a departmental capital item in the Appropriation Act (No. 2) 1999‑2000.
(3)
If:
(a)
an Act provides that an entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and
(b)
the Schedule contains a departmental item for that entity;
then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund the full amount specified in the item.
(4)
If a departmental item for an Agency includes provision for payment of remuneration and allowances to the holder of:
(a)
a public office (within the meaning of the Remuneration Tribunal Act 1973); or
(b)
an office specified in a Schedule to the Remuneration and Allowances Act 1990;
then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund, under that item, amounts that are sufficient to pay the remuneration and allowances and must apply the amounts for that purpose.

7Administered items – basic appropriation

(1)
For an administered item for an outcome of an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the lesser of:
(a)
the amount specified in the item; and
(b)
the amount determined by the Finance Minister to be the administered expenses incurred by the entity in the current year in relation to the item.
(2)
An amount issued out of the Consolidated Revenue Fund for an administered item for an outcome of an entity may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving that outcome.
Note: An administered item may be used to acquire assets. However, the acquisition of new assets will usually be funded from an administered capital item in the Appropriation Act (No. 2) 1999‑2000.
(3)
If the Portfolio Budget Statements indicate that activities of a particular kind were intended to be treated as activities in respect of a particular outcome, then expenditure for the purpose of carrying out those activities is taken to be expenditure for the purpose of contributing to achieving the outcome.

Part 3Additions to basic appropriations 8Net appropriations

(1)
If a section 31 agreement applies to a departmental item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement.
(2)
For the purposes of section 31 of the Financial Management and Accountability Act 1997, each departmental item in the Schedule is taken to be marked “net appropriation”.
(3)
If a section 31 agreement applies to an administered item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement.
(4)
For the purposes of section 31 of the Financial Management and Accountability Act 1997, the following administered items are taken to be marked “net appropriation”:
(a) the administered item for Outcome 3 of the Department of Finance and Administration;
(b)the administered item for Outcome 2 of the Department of Industry, Science and Resources;
(c) the administered item for Outcome 1 of the Department of the Prime Minister and Cabinet.

9Departmental items – adjustments and borrowings

(1)
The Finance Minister may determine that the amount specified in a departmental item is to be increased by an amount specified in the determination.
(2)
The total amounts determined by the Finance Minister under this section for all departmental items cannot be more than $20 million.
(3)
The Finance Minister must give the Parliament details of increases made under this section.

10Advance to the Finance Minister – unforeseen expenses etc.

(1)
This section applies if:
(a)
an entity has incurred, or is likely to incur, an expense (the extra expense) during the current year in relation to an item (the insufficient item) for the entity; and
(b)
the Finance Minister is satisfied that:
(i)
the expense was unforeseen until after the last day on which it was practicable to provide for the extra expense in the Appropriation Bill before that Bill was introduced into the House of Representatives; or
(ii)
because of an erroneous omission or understatement, provision for the extra expense was not made in the Appropriation Bill; and
(c)
the Finance Minister considers that there is an urgent need to increase the insufficient item to make provision for the extra expense.
(2)
The amount of the insufficient item is taken to be increased by such amount (if any) as the Finance Minister determines, up to the amount of the extra expense.
(3)
The total of the amounts determined under this section cannot be more than $175 million.
(4)
The Finance Minister must give the Parliament details of amounts determined under this section.

11Comcover receipts

(1)
This section applies whenever an amount (the Comcover payment) is debited from The Comcover Account in respect of a payment to an Agency.
(2)Amounts totalling the full amount of the Comcover payment must be added to an available item or items for the Agency. For this purpose, available item means an item in the Schedule to this Act or in a Schedule to the Appropriation Act (No. 2) 1999‑2000.
(3)
The items and respective amounts are to be determined by the Agency Minister. In making a determination, the Agency Minister must comply with any written directions given by the Finance Minister.
(4)
The Agency Minister may delegate his or her powers under this section to the Chief Executive of the Agency.

Part 4Miscellaneous 12Crediting amounts to Special Accounts

If any of the purposes of a Special Account is a purpose that is covered by an item (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to that Special Account.

13Appropriation of the Consolidated Revenue Fund

The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

ScheduleServices for which money is appropriated

Note: See Sections 5 and 13

DEPARTMENTS AND SERVICES

Appropriation (light figures) – 1999‑2000