Appropriation Act (No. 2) 2007-2008 (Cth)
| Appropriation Act (No. 2) 2007‑2008 Act No. 96 of 2007 as amended This compilation was prepared on 16 June 2009 The text of any of those amendments not in force The operation of amendments that have been incorporated may be Prepared by the Office of Legislative Drafting and Publishing, Contents Part 1—Preliminary 1 1............ Short title [see Note 1]....................................................................... 1 2............ Commencement [see Note 1].............................................................. 1 3............ Definitions.......................................................................................... 1 4............ Portfolio Budget Statements............................................................... 2 5............ Notional payments, receipts etc......................................................... 3 Part 2—Basic appropriations 4 6............ Summary of basic appropriations...................................................... 4 7............ State, ACT, NT and local government items—basic appropriation.. 4 8............ Administered items—basic appropriation......................................... 4 9............ Administered assets and liabilities items—basic appropriation......... 5 10.......... Other departmental items—basic appropriation................................ 5 11.......... Reduction of appropriations upon request........................................ 6 Part 3—Additions to basic appropriations 8 12.......... Advance to the Finance Minister....................................................... 8 Part 4—Miscellaneous 9 13.......... Crediting amounts to Special Accounts.............................................. 9 14.......... Conditions etc. applying to State, ACT, NT and local government items 9 15.......... Appropriation of the Consolidated Revenue Fund.......................... 10 Schedule 1—Payments to or for the States, ACT, NT and local government 11 Schedule 2—Services for which money is appropriated [see Notes 2 and 3] 15 Notes 111 An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes Part 1—Preliminary 1 Short title [see Note 1] This Act may be cited as the Appropriation Act (No. 2) 2007‑2008. 2 Commencement [see Note 1] This Act commences on the day on which it receives the Royal Assent. 3 Definitions In this Act: administered assets and liabilities item means an amount set out in Schedule 2 in relation to an entity opposite the heading “Administered Assets and Liabilities”. administered item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “New Administered Expenses”. Agency means: (a) an Agency within the meaning of the Financial Management and Accountability Act 1997; or (b) the High Court of Australia. 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 2008. entity means any of the following: (a) an Agency; (b) a Commonwealth authority; (c) a Commonwealth company. expenditure means payments for expenses, acquiring assets, making loans or paying liabilities. Finance Minister means the Minister administering this Act. item means any of the following: (a) a State, ACT, NT and local government item; (b) an administered item; (c) an administered assets and liabilities item; (d) an other departmental item. other departmental item means an amount set out in Schedule 2 in relation to an entity: (a) opposite the heading “Equity Injections”; or (b) opposite the heading “Loans”; or (c) opposite the heading “Previous Years’ Outputs”. Portfolio Budget Statements means the Portfolio Budget Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act. Special Account has the same meaning as in the Financial Management and Accountability Act 1997. State, ACT, NT and local government item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Payments to States, ACT, NT and local government”. 4 Portfolio Budget Statements (1) The Portfolio Budget Statements are hereby declared to be relevant documents for the purposes of section 15AB of the Acts Interpretation Act 1901. Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. (2) 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. 5 Notional 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 2—Basic appropriations 6 Summary of basic appropriations The total of the items specified in Schedule 2 is $10,133,415,000. Note 1: Items in Schedule 2 can be increased under Part 3 of this Act and under section 12 of the Appropriation Act (No. 1) 2007‑2008. Note 2: See also section 30A of the Financial Management and Accountability Act 1997, which provides for adjustment of appropriations to take account of GST. 7 State, ACT, NT and local government items—basic appropriation (1) For a State, ACT, NT and local government 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 in relation to the item, having regard to the 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 a State, ACT, NT and local government item for an outcome of an entity may only be applied for the purpose of making payments to or for the States, the Australian Capital Territory, the Northern Territory and local government authorities for the purpose of contributing to achieving that outcome. (3) A determination made under paragraph (1)(b) is not a legislative instrument. 8 Administered 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 in relation to the item, having regard to the 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: The acquisition of new administered assets will usually be funded from an administered assets and liabilities item. (3) A determination made under paragraph (1)(b) is not a legislative instrument. 9 Administered assets and liabilities items—basic appropriation (1) For an administered assets and liabilities 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. (2) An amount issued out of the Consolidated Revenue Fund for an administered assets and liabilities item for an entity may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving any outcome that is specified in relation to the entity: (a) in Schedule 2 to this Act; or (b) in Schedule 1 to the Appropriation Act (No. 1) 2007‑2008. 10 Other departmental items—basic appropriation (1) For an other 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, subsection (3) imposes an obligation on the Finance Minister to issue the amounts in certain circumstances. (2) An amount issued out of the Consolidated Revenue Fund for an other departmental item may only be applied for the departmental expenditure of the entity. (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) Schedule 2 contains an other 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. 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 of that Act applies to the determination. However, Part 6 of that Act does not apply to the determination. (10) A written request made under subsection (1) or (2) is not a legislative instrument. Part 3—Additions to basic appropriations 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 under subsection (2) cannot be more than $215 million. (4) A determination made under subsection (2) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the determination. Part 4—Miscellaneous 13 Crediting 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. 14 Conditions etc. applying to State, ACT, NT and local government items (1) This section applies to any payment made out of money appropriated by a State, ACT, NT and local government item for an outcome specified in column 2 of the table in Schedule 1. (2) The payment: (a) must be made on the terms and conditions (if any) from time to time determined, in the way described in subsection (3), as applying to payments made: (i) in relation to the outcome; and (ii) to or for a State, the Australian Capital Territory, the Northern Territory or a local government authority; and (iii) out of money appropriated by an annual Appropriation Act; and (b) must be made in accordance with any determination in writing made by the Minister specified, in column 4 of the table in Schedule 1, for the outcome as to amounts and times of payments. (3) The way of determining the terms and conditions applying to payments described in paragraph (2)(a) is for the Minister specified, in column 3 of the table in Schedule 1, for the outcome to make the determination in writing before or after the commencement of this Act. (4) Determinations mentioned in paragraph (2)(a) and determinations made under paragraph (2)(b) are not legislative instruments. (5) This section does not limit the Commonwealth’s power to: (a) apply terms and conditions to payments made out of money that is not appropriated by a State, ACT, NT and local government item; or (b) determine the amounts and times of those payments. 15 Appropriation of the Consolidated Revenue Fund The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act. Schedule 1—Payments to or for the States, ACT, NT and local government Note: See section 14.
Schedule 2—Services for which money is appropriated [see Notes 2 and 3] Note: See sections 6 and 15.
Note Outcome 3 inserted by the FMA Act Determination 2008/01 — Section 32 (Transfer of Functions from the Department of Infrastructure, Transport, Regional Development and Local Government to the Attorney‑General’s Department). The ‘Totals’ in the table have not been adjusted to reflect the amendments made by that Determination.
Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/25 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Communications, Information Technology and the Arts.
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Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/17 amended the amount alongside Outcome 2, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Health and Ageing. Note 3: FMA Act Section 32 Determination 2008/25 amended the amount alongside Equity Injections, under the heading Total to transfer an amount to the Department of Broadband, Communications and the Digital Economy. Note 4: FMA Act Determination 2008/40 amended the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer an amount to the Department of the Environment, Water, Heritage and the Arts.
Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/58 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Innovation, Industry, Science and Research.
Note 1:The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been inserted. Note 2: FMA Act Section 32 Determination 2008/08 inserted amounts alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer amounts from the Department of Families, Housing, Community Services and Indigenous Affairs.
Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/27 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Education, Employment and Workplace Relations.
Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/02 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Climate Change. Note 3: FMA Act Section 32 Determination 2008/40 amended the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts from the former Department of Communications, Information Technology and the Arts. Note 4: FMA Act Section 32 Determination 2008/67 amended the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts to Old Parliament House. Note 5: FMA Act Section 32 Determination 2009/06 amended the amount alongside Administered Assets and Liabilities, under the heading Total, to transfer an amount to Old Parliament House.
Continued
Note 1:The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. The Determination also did not amend the portfolio name or the agency name as those references in the Act were substituted as specified in the Acts Interpretation (Substituted References – Section 19B) Amendment Order 2007 (No. 2), made by the Governor-General on 14 December 2007, under section 19B of the Acts Interpretation Act 1901. Note 2: FMA Act Section 32 Determination 2008/08 amended the amount alongside Outcome 3, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Education, Employment and Workplace Relations.
Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/17 inserted Outcome 15 and the amount alongside Outcome 15, under the heading Payments to States, ACT, NT and local government, to transfer an amount from the former Department of Communications, Information Technology and the Arts. Note 3: FMA Act Section 32 Determination 2008/41 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount from Medicare Australia.
Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/41 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Health and Ageing.
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Note 1:The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/13 amended the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts to the Department of Innovation, Industry, Science and Research. Note 3: FMA Act Section 32 Determination 2008/14 amended the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount to the Department of Resources, Energy and Tourism.
Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been inserted. Note 2: FMA Act Section 32 Determination 2008/13 inserted the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts from the former Department of Industry, Tourism and Resources. Note 3: FMA Act Section 32 Determination 2008/58 amended an amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Education, Science and Training.
Note:The table has been inserted by a Determination under section 32 of the FMA Act. That determination has only inserted the actual appropriation item, for an other departmental item opposite the heading “Equity Injections”.
Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been inserted. Note 2: FMA Act Section 32 Determination 2008/67 inserted the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts from the Department of the Environment, Water, Heritage and the Arts.
Note 1:The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been inserted. Note 2: FMA Act Section 32 Determination 2008/14 inserted the amount alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer an amount from the former Department of Industry, Tourism and Resources.
Note The ‘Totals’ in the table have not been adjusted to reflect the amendments made by the FMA Act Determination 2008/01 — Section 32 (Transfer of Functions from the Department of Infrastructure, Transport, Regional Development and Local Government to the Attorney‑General’s Department).
Notes to the Appropriation Act (No. 2) 2007-2008 Note 1 The Appropriation Act (No. 2) 2007-2008 as shown in this compilation comprises Act No. 96, 2007 amended as indicated in the Tables below. For all relevant information pertaining to application, saving or transitional provisions see Table A. Table of Acts/Instruments
Table of Amendments
Note 2 Schedule 2—The following amendments from Schedule 4 of the FMA Act Determination 2008/27 — Section 32 (Transfer of Functions from the former DEWR to DEEWR) provide as follows: Schedule 4 [3] Schedule 2, Education, Employment and Workplace Relations portfolio, Department of Education, Employment and Workplace Relations table, alongside Equity Injections, under the heading, Total insert 9,665 [4] Schedule 2, Education, Employment and Workplace Relations portfolio, after the Department of Education, Employment and Workplace Relations table omit the notes, insert Note 1:The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been amended. Note 2: FMA Act Section 32 Determination 2008/08 inserted amounts alongside Outcome 1, under the heading Payments to States, ACT, NT and local government, to transfer amounts from the Department of Families, Housing, Community Services and Indigenous Affairs. Note 3: FMA Act Section 32 Determination 2008/27 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Employment and Workplace Relations. The proposed amendments were misdescribed and are not incorporated in this compilation. Note 3 Schedule 2—The following amendment from Schedule 3 of the FMA Act Determination 2009/06 — Section 32 (Transfer of Functions from Environment to OPH) provides as follows: Schedule 3 [4] Schedule 2, Prime Minister and Cabinet portfolio, after the Old Parliament House table Note 1:The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items: (a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and (b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “New Administered Expenses”; and (c) for State, ACT, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and (d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”. No other amounts in the table have been inserted. Note 2: FMA Act Section 32 Determination 2008/67 inserted the amounts alongside Equity Injections and Administered Assets and Liabilities, under the heading Total, to transfer amounts from the Department of the Environment, Water, Heritage and the Arts. Note 3: FMA Act Section 32 Determination 2009/06 amended the amount alongside Administered Assets and Liabilities, under the heading Total, to transfer an amount from the Department of the Environment, Water, Heritage and the Arts. The proposed amendment was misdescribed and is not incorporated in this compilation. Table A Application, saving or transitional provisions FMA Act Determination 2008/13 — Section 32 (Transfer of Functions from former DITR to DIISR) 9 Revocation of Previous Instrument This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/05 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research) made on 7 December 2007. 10 Savings (a) Nothing in clause 9 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/05 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Innovation, Industry, Science and Research). (b) Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure. FMA Act Determination 2008/14 — Section 32 (Transfer of Functions from former DITR to DRET) 7 Revocation of Previous Instrument This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/06 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Resources, Energy and Tourism) made on 7 December 2007. 8 Savings (a) Nothing in clause 7 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/06 – Section 32 (Transfer from the Department of Industry, Tourism and Resources to the Department of Resources, Energy and Tourism). (b) Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure. FMA Act Determination 2008/17— Section 32 (Transfer of Functions from former DCITA to Health) 6 Revocation of Previous Instrument This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/08 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Health and Ageing) made on 10 December 2007. 7 Savings (a) Nothing in clause 6 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/08 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Health and Ageing). (b) Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure. FMA Act Determination 2008/25 — Section 32 (Transfer of Functions from the former DCITA to DBCDE) 5 Revocation of Previous Instrument This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/07 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy) made on 7 December 2007. 6 Savings (a) Nothing in clause 5 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/07 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy). (b) Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure. FMA Act Determination 2008/40 — Section 32 (Transfer of Functions from the former DCITA to Environment) 9 Revocation of Previous Instrument This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/09 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of the Environment, Water, Heritage and the Arts) made on 10 December 2007. 10 Savings (a) Nothing in clause 13 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/09 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of the Environment, Water, Heritage and the Arts). (b) Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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