Appropriation Act (No. 4) 2001-2002 (Cth)

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Appropriation Act (No. 4) 2001‑2002

No. 3, 2002

An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes

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Appropriation Act (No. 4) 2001-2002

No. 3, 2002

An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes

[Assented to 4 April 2002]

The Parliament of Australia enacts:

Part 1—Preliminary

1Short title

This Act may be cited as the Appropriation Act (No. 4) 2001‑2002.

2Commencement

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

3Definitions

In this Act, unless the contrary intention appears:
administered capital item means an amount set out in Schedule 2 in relation to an entity opposite the heading “Administered Capital”.
administered item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Other Administered Expenses”.
Agency 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 2002.
departmental capital 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 “Carryover from previous years”.
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 payment item;
(b)
an administered item;
(c)
an administered capital item;
(d)
a departmental capital item.
Portfolio Additional Estimates Statements means the Portfolio Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act and the Bill for the Appropriation Act (No. 3) 2001‑2002.
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 the Appropriation Act (No. 1) 2001‑2002 and the Bill for the Appropriation Act (No. 2) 2001‑2002.
Special Account has the same meaning as in the Financial Management and Accountability Act 1997.
State includes the Australian Capital Territory and the Northern Territory.
State payment item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Specific Payments to the States and Territories”.

4Portfolio Budget Statements and Portfolio Additional Estimates Statements

(1)
The Portfolio Budget Statements and Portfolio Additional Estimates 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 or Portfolio Additional Estimates 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.

5Notional 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

6Summary of basic appropriations

The total of the items specified in Schedule 2 is $1,173,913,000.
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) 2001‑2002 (as modified by section 12 of the Appropriation Act (No. 3) 2001‑2002).
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.

7State payment items—basic appropriation

(1)
For a State payment 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:
1. (a)
  the amount specified in the item; and
2. (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 payment item for an outcome of an entity may only be applied for the purpose of making payments to or for the States for the purpose of contributing to achieving that outcome.

8Administered 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:
1. (a)
  the amount specified in the item; and
2. (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 capital item.

9Administered capital items—basic appropriation

(1)
For an administered capital 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 capital 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:
1. (a)
  in Schedule 2 to this Act; or
2. (b)
  in the Schedule to the Appropriation Act (No. 3) 2001‑2002; or
3. (c)
  in Schedule 2 to the Appropriation Act (No. 2) 2001‑2002; or
4. (d)
  in the Schedule to the Appropriation Act (No. 1) 2001‑2002.

10Departmental capital items—basic appropriation

(1)
For a departmental capital 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 a departmental capital item may only be applied for the departmental expenditure of the entity.
(3)
If:
1. (a)
  an Act provides that an entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and
2. (b)
  Schedule 2 contains a departmental capital 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.

Part 3—Additions to basic appropriations

11Advance to the Finance Minister—unforeseen expenditure etc.

(1)
This section applies if the Finance Minister is satisfied that:
1. (a)
  there is an urgent need for expenditure that is not provided for, or is insufficiently provided for, in Schedule 2; and
2. (b)
  the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 2:
3. (i)
  because of an erroneous omission or understatement; or
4. (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 by the Finance Minister:
1. (a)
  under this section; and
2. (b)
  under section 11 of the Appropriation Act (No. 2) 2001‑2002;
cannot be more than $215 million.
(4)
The Finance Minister must give the Parliament details of amounts determined under this section.

12Departmental capital items—adjustments and borrowings

(1)
The Finance Minister may determine that the amount specified in:
1. (a)
  a departmental capital item in this Act; or
2. (b)
  a departmental capital item in the Appropriation Act (No. 2) 2001‑2002;
is to be increased by an amount specified in the determination.
(2)
The total of the amounts determined by the Finance Minister under subsection (1) cannot be more than $20 million.
(3)
The Finance Minister must give the Parliament details of increases made under this section.

Part 4—Miscellaneous

13Crediting 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.

14Conditions etc. applying to State payment items

(1)
This section applies to any payment made out of money appropriated by a State payment item for an outcome identified in column 2 of the table in Schedule 1.
(2)
The payment:
1. (a)
  must be made on the applicable terms and conditions (if any) for that outcome; and
2. (b)
  must be made in the amounts, and at the times, that are determined in writing by the Minister specified in column 4 of the table.
(3)
This section does not, by implication, limit the power of the Commonwealth to:
1. (a)
  apply terms and conditions to non‑State payments; or
2. (b)
  determine the amounts and times of non‑State payments.
(4)
In this section:
applicable terms and conditions, in relation to an outcome identified in the table in Schedule 1, means terms and conditions from time to time determined in writing (either before or after the commencement of this Act) by the Minister specified in column 3 of the table, as being the terms and conditions that apply to payments that are made to or for a State in relation to that outcome out of money appropriated by an annual Appropriation Act.
non‑State payment means a payment made out of money that is appropriated by the Parliament (either under this Act or another Act), other than a payment out of money appropriated by a State payment item.

15Appropriation of the Consolidated Revenue Fund

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

Appropriation Act (No. 4) 2001-2002

Schedule 1 – Payments to or for the States

Note:

See Section 14

Column 1	Column 2	Column 3	Column 4
Minister	Minister
determining	determining
Agency	Outcome	conditions	payments
Department of Agriculture, Fisheries and Forestry	More sustainable, competitive and profitable Australian agricultural, food, fisheries and forestry industries	Minister for Agriculture, Fisheries and Forestry	Minister for Agriculture, Fisheries and Forestry
Attorney-General’s Department	An equitable and accessible system of federal law and justice	Attorney-General	Attorney-General
Office of Film and Literature Classification	Australians make informed decisions about films, publications and computer games which they, or those in their care may view, read or play	Attorney-General	Attorney-General
Department of Communications, Information Technology and the Arts	Competitive and effective communications and IT industries and services and improved access to Government information	Minister for Communications, Information Technology and the Arts	Minister for Communications, Information Technology and the Arts
Department of Veterans’ Affairs	Eligible veterans, their war widows and widowers and dependants have access to health and other care services that promote and maintain self-sufficiency, wellbeing and quality of life	Minister for Veterans' Affairs	Minister for Veterans' Affairs
Department of the Environment and Heritage	The environment, especially those aspects that are matters of national environmental significance, is protected and conserved	Minister for the Environment and Heritage	Minister for the Environment and Heritage
Australian Greenhouse Office	Australians working together to meet the challenge of climate change	Minister for the Environment and Heritage	Minister for the Environment and Heritage

Continued

Column 1	Column 2	Column 3	Column 4
Minister	Minister
determining	determining
Agency	Outcome	conditions	payments
Department of Family and Community Services	Families, young people and students, have access to financial assistance and family support services	Minister for Family and Community Services	Minister for Family and Community Services
Department of Family and Community Services	The community has access to affordable housing, community support and services and assistance in emergencies	Minister for Family and Community Services	Minister for Family and Community Services
Department of Family and Community Services	Participation in the labour force and community life is facilitated by income support measures and services that encourage independence and contribution to the community	Minister for Family and Community Services	Minister for Family and Community Services
Department of Finance and Administration	Improved and more efficient government operations	Minister for Finance and Administration	Minister for Finance and Administration
Department of Health and Ageing	To promote and protect the health of all Australians and minimise the incidence of preventable mortality, illness, injury and disability	Minister for Health and Ageing	Minister for Health and Ageing
Department of Health and Ageing	Access through Medicare to cost-effective medical services, medicines and acute health care for all Australians	Minister for Health and Ageing	Minister for Health and Ageing
Department of Health and Ageing	Support for healthy ageing for older Australians and quality and cost-effective care for frail older people and support for their carers	Minister for Health and Ageing	Minister for Health and Ageing
Department of Health and Ageing	Improved quality, integration and effectiveness of health care	Minister for Health and Ageing	Minister for Health and Ageing
Department of Health and Ageing	Knowledge, information and training for developing better strategies to improve the health of Australians	Minister for Health and Ageing	Minister for Health and Ageing

Continued

Column 1	Column 2	Column 3	Column 4
Minister	Minister
determining	determining
Agency	Outcome	conditions	payments
Department of Immigration and Multicultural and Indigenous Affairs	A society which values Australian citizenship, appreciates cultural diversity and enables migrants to participate equitably	Minister for Immigration and Multicultural and Indigenous Affairs	Minister for Immigration and Multicultural and Indigenous Affairs
Department of Industry, Tourism and Resources	A stronger, sustainable and internationally competitive Australian industry, comprising the manufacturing, resources and services sectors	Minister for Industry, Tourism and Resources	Minister for Industry, Tourism and Resources
Department of the Prime Minister and Cabinet	Sound and well coordinated government policies, programmes and decision making processes	Prime Minister	Prime Minister
Department of Transport and Regional Services	A better transport system for Australia and greater recognition and opportunities for local, regional and territory communities	Minister for Transport and Regional Services	Minister for Transport and Regional Services
Department of the Treasury	Effective government spending and taxation arrangements	The Treasurer	The Treasurer
Department of the Treasury	Well functioning markets	The Treasurer	The Treasurer

Schedule 2—Services for which money is appropriated

Note: See Sections 6 and 15
Abstract
Page
Reference	Departments and Services	Total
$'000
22	Agriculture, Fisheries and Forestry	25,239
23	Attorney-General’s	3,937
25	Communications, Information Technology and the Arts	1,600
26	Defence	843,611
28	Education, Science and Training	6,678
29	Environment and Heritage	8,805
30	Family and Community Services	226
31	Finance and Administration	4,640
32	Health and Ageing	1,430
35	Immigration and Multicultural and Indigenous Affairs	47,539
37	Transport and Regional Services	32,266
39	Treasury	197,942
Total	1,173,913

DEPARTMENTS AND SERVICES

Summary

Additional Appropriation (bold figures) – 2001-2002