Appropriation Act (No. 4) 2003-2004 (Cth)

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Appropriation Act (No. 4) 2003‑2004

Act No. 38 of 2004 as amended

This compilation was prepared on 5 June 2008

taking into account amendments up to FMA Act Determination 2008/26 — Section 32 (Transfer of Functions from the former DCITA to DBCDE)

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 additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes

Part 1Preliminary 1Short title [see Note 1]

This Act may be cited as the Appropriation Act (No. 4) 2003‑2004.

2Commencement [see Note 1]

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

3Definitions

In this Act, unless the contrary intention appears:
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 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 2004.
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 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 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) 2003‑2004.
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) 2003‑2004 and the Bill for the Appropriation Act (No. 2) 2003‑2004.
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 2Basic appropriations 6Summary of basic appropriations

The total of the items specified in Schedule 2 is $485,420,000.
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) 2003‑2004 (as modified by section 14 of the Appropriation Act (No. 3) 2003‑2004).
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:
(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 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:
(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.

9Administered 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. 3) 2003‑2004; or
(c)
in Schedule 2 to the Appropriation Act (No. 2) 2003‑2004; or
(d)
in Schedule 1 to the Appropriation Act (No. 1) 2003‑2004.

10Other 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.

11Reduction of appropriations upon request

(1)
The Finance Minister may, upon written request by a Minister, make a written determination under this section 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 under this section 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 under this section applies despite any other provision of this Act.
(9)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

12Reduction of appropriations from prior years upon request

(1)
The following table sets out the Acts in respect of which a determination under this section may be made and the kinds of items for each for which a determination may be made.

Table of Acts and items
Column 1	Column 2
Item	Act name	Kinds of items
1	Appropriation Act (No. 2) 1999‑2000	Administered capital items Departmental capital items
2	Appropriation Act (No. 4) 1999‑2000	Administered capital items Departmental capital items
3	Appropriation Act (No. 2) 2000‑2001	Administered capital items Departmental capital items
4	Appropriation Act (No. 4) 2000‑2001	Administered capital items Departmental capital items
5	Appropriation Act (No. 2) 2001‑2002	Administered capital items Departmental capital items
6	Appropriation Act (No. 4) 2001‑2002	Administered capital items Departmental capital items
7	Appropriation Act (No. 2) 2002‑2003	Administered assets and liabilities items Other departmental items
8	Appropriation Act (No. 4) 2002‑2003	Administered assets and liabilities items Other departmental items
9	Appropriation Act (No. 2) 2003‑2004	Administered assets and liabilities items Other departmental items

(2)
The Finance Minister may, upon written request by a Minister, make a written determination under this section reducing an item in an Act listed in column 1 of the table in subsection (1) for an entity for which the Minister is responsible by the amount specified in the determination.
(3)
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 under this section reducing an item in an Act listed in column 1 of the table in subsection (1) for that entity by the amount specified in the determination.
(4)
The item specified in a determination under subsection (2) or (3) must be an item of a kind listed in column 2 of the table in subsection (1) in the row relating to the Act covered by the determination.
(5)
Where a determination is made, the amount specified in the item is taken to have been reduced by the amount specified in the determination.
(6)
However, a determination is of no effect if the determination has not been requested under subsection (2) or (3).
(7)
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 (2) or (3);
(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.
(8)
For the purposes of paragraph (7)(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.
(9)
To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (7)(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.
(10)
To avoid doubt, a determination under this section applies despite any other provision in this Act.
(11)
A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part 3Additions to basic appropriations 13Other departmental items – adjustments and borrowings

(1)
The Finance Minister may determine that the amount specified in:
(a)
an other departmental item in this Act; or
(b)
an other departmental item in the Appropriation Act (No. 2) 2003‑2004;
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.

14Advance to the Finance Minister – unforeseen expenditure etc.

(1)
This section applies if the Finance Minister is satisfied that:
(a)
there is an urgent need for expenditure 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 by the Finance Minister:
(a)
under this section; and
(b)
under section 12 of the Appropriation Act (No. 2) 2003‑2004;
cannot be more than $215 million.
(4)
The Finance Minister must give the Parliament details of amounts determined under this section.

Part 4Miscellaneous 15Crediting 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.

16Conditions 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:
(a)
must be made on the applicable terms and conditions (if any) for that outcome; and
(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:
(a)
apply terms and conditions to non‑State payments; or
(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 (either before or after the commencement of this Act) in writing 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.

17Appropriation of the Consolidated Revenue Fund

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

Schedule 1Payments to or for the States

Note: See section 16.

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 civil 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 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
Department of Family and Community Services	Families are Strong ‑ Services and assistance that: contribute to children and young people having the best possible start to life; promote healthy family relationships; allow families to adapt to changing economic and social conditions; and encourage families that nurture individuals and take an active part in their community	Minister for Family and Community Services	Minister for Family and Community Services
Continued
Department of Family and Community Services	Communities are Strong ‑ Services and assistance that: encourage communities to be self‑reliant and to connect with their members; and promote partnerships between business, communities and governments	Minister for Family and Community Services	Minister for Family and Community Services
Department of Family and Community Services	Individuals reach their Potential ‑ Services and assistance that: facilitate people to participate actively in economic and community life, work to their capacity, access a responsive and sustainable safety net and fully develop their capabilities	Minister for Family and Community Services	Minister for Family and Community Services
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 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
Continued
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 Transport and Regional Services	A better transport system for Australia	Minister for Transport and Regional Services	Minister for Transport and Regional Services
Department of Transport and Regional Services	Greater recognition and development 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	Treasurer	Treasurer
Department of the Treasury	Well functioning markets	Treasurer	Treasurer

Schedule 2Services for which money is appropriated

Note: See sections 6 and 17.

Abstract
Page
Reference	Departments and Services	Total
$'000
22	Agriculture, Fisheries and Forestry	189,912
24	Attorney‑General’s	94,300
36	Communications, Information Technology and the Arts	6,252
44	Veterans’ Affairs	3,522
46	Education, Science and Training	5,020
48	Environment and Heritage	2,489
49	Family and Community Services	14,249
51	Finance and Administration	1,500
52	Foreign Affairs and Trade	11,504
54	Health and Ageing	50,929
55	Immigration and Multicultural and Indigenous Affairs	4,195
62	Industry, Tourism and Resources	21,275
64	Prime Minister and Cabinet	230
66	Transport and Regional Services	79,663
70	Treasury	380
Total	485,420

DEPARTMENTS AND SERVICES

Summary