Appropriation Act (No. 4) 2012-2013 (Cth)
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The Parliament of Australia enacts:
This Act may be cited as the
Appropriation Act (No. 4) 2012‑2013 .
This Act commences on the day this Act receives the Royal Assent.
In this Act:
administered assets and liabilities item means an amount set out in Schedule 2 in relation to an Agency opposite the heading “Administered Assets and Liabilities”.
administered item means an amount set out in Schedule 2 opposite an outcome for an Agency under the heading “New Administered Outcomes”.
Agency means:
(a) an Agency within the meaning of the
Financial Management and Accountability Act 1997 ; or(b) the High Court of Australia.
CAC Act body means:
(a) a Commonwealth authority within the meaning of the
Commonwealth Authorities and Companies Act 1997 ; or(b) a Commonwealth company within the meaning of the
Commonwealth Authorities and Companies Act 1997 .
CAC Act body payment item means the amount set out in Schedule 2 in relation to a CAC Act body under the heading “Non‑operating”.
Chief Executive has the same meaning as in theFinancial Management and Accountability Act 1997 .
current year means the financial year ending on 30 June 2013.
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;
(e) a CAC Act body payment item.
other departmental item means an amount set out in Schedule 2 in relation to an Agency opposite the heading “Equity Injections”.
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 theAppropriation Act (No. 3) 2012‑2013 .
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 theAppropriation Act (No. 1) 2012‑2013 and the Bill for theAppropriation Act (No. 2) 2012‑2013.
Portfolio Statements means:
(a) the Portfolio Budget Statements; and
(b) the Portfolio Supplementary Estimates Statements; and
(c) the Portfolio Additional Estimates Statements.
Portfolio Supplementary Estimates Statements means the Portfolio Supplementary Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for theAppropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013 and the Bill for theAppropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012‑2013 .
Special Account has the same meaning as in theFinancial Management and Accountability Act 1997 .
State, ACT, NT and local government item means an amount set out in Schedule 2 opposite an outcome for an Agency under the heading “Payments to States, ACT, NT and local government”.
The Portfolio 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 .
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.
The total of the items specified in Schedule 2 is $666,365,000.
Note 1: Items in Schedule 2 can be adjusted under Part 3 of this Act.
Note 2: Sections 30 to 32 of the
Financial Management and Accountability Act 1997 also provide for adjustments of amounts appropriated by this Act.
(1) The amount specified in a State, ACT, NT and local government item for an outcome for an Agency may 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.
Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the
Financial Management and Accountability Act 1997 .(2) If the Portfolio 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.
(1) The amount specified in an administered item for an outcome for an Agency may be applied for expenditure for the purpose of contributing to achieving that outcome.
Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the
Financial Management and Accountability Act 1997 .(2) If the Portfolio 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.
(1) The amount specified in an administered assets and liabilities item for an Agency may be applied for expenditure for the purpose of contributing to achieving any outcome specified for the Agency:
(a) in Schedule 2 to this Act; or
(b) in Schedule 1 to the
Appropriation Act (No. 3) 2012‑2013 ; or(c) in Schedule 2 to the
Appropriation Act (No. 2) 2012‑2013 ; or(d) in Schedule 1 to the
Appropriation Act (No. 1) 2012‑2013 ; or(e) in Schedule 1 to the
Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012‑2013 ; or(f) in Schedule 1 to the
Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013 .
Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the
Financial Management and Accountability Act 1997 .(2) If the Portfolio 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.
The amount specified in an other departmental item for an Agency may be applied for the departmental expenditure of the Agency.
Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the
Financial Management and Accountability Act 1997 .
(1) The amount specified in a CAC Act body payment item for a CAC Act body may be paid to the body to be applied for the purposes of the body.
Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the
Financial Management and Accountability Act 1997 .(2) If:
(a) an Act provides that a CAC Act body must be paid amounts that are appropriated by the Parliament for the purposes of the body; and
(b) Schedule 2 contains a CAC Act body payment item for that body;
then the body must be paid the full amount specified in the item.
(1) If:
(a) an annual report for an Agency for the current year is tabled in the Parliament; and
(b) the report specifies the amount required by an Agency in respect of:
(i) a State, ACT, NT and local government item for the Agency; or
(ii) an administered item for the Agency; and
(c) the required amount is less than the amount of the item;
the item is taken to be reduced to the required amount.
(2) The Finance Minister may, by writing:
(a) determine that subsection (1):
(i) does not apply in relation to the item; or
(ii) applies as if the amount specified in the annual report were the amount specified in the determination; or
(b) if the report does not specify the required amount—determine an amount that is taken to be the required amount for the purposes of subsection (1).
(3) A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the
Legislative Instruments Act 2003 , section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.
(1) A written request to reduce an administered assets and liabilities item or an other departmental item for an Agency may be made to the Finance Minister by:
(a) the Prime Minister or a Minister acting on behalf of the Prime Minister; or
(b) the Minister who is responsible for the Agency; or
(c) if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency.
(2) If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.
(3) However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been applied under Part 2 in respect of the item.
(4) The item is taken to be reduced in accordance with the determination.
(5) Despite subsection 33(3) of the
Acts Interpretation Act 1901 , the determination must not be rescinded, revoked, amended or varied.(6) A request made under subsection (1) is not a legislative instrument.
(7) A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the
Legislative Instruments Act 2003 , section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.
(1) A written request to reduce a CAC Act body payment item for a CAC Act body may be made to the Finance Minister by:
(a) the Prime Minister or a Minister acting on behalf of the Prime Minister; or
(b) the Minister who is responsible for the body; or
(c) if the Finance Minister is responsible for the body—the Secretary of the Department.
Note: For
Department , see subsection 19A(3) of theActs Interpretation Act 1901 .(2) If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.
(3) However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been paid to the body in respect of the item.
(4) The item is taken to be reduced in accordance with the determination.
(5) Despite subsection 33(3) of the
Acts Interpretation Act 1901 , the determination must not be rescinded, revoked, amended or varied.(6) Subsection 11(2) does not limit the reduction of a CAC Act body payment item under this section.
(7) A request made under subsection (1) is not a legislative instrument.
(8) A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the
Legislative Instruments Act 2003 , section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.
(1) If the Finance Minister determined an amount under subsection 15(2) of the
Appropriation Act (No. 2) 2012‑2013 before the commencement of this Act, the amount is to be disregarded for the purposes of subsection 15(3) of that Act.Note: This means that, after the commencement of this Act, the Finance Minister has access to $380 million under section 15 of the
Appropriation Act (No. 2) 2012‑2013 , regardless of amounts that have already been determined under that section.(2) If:
(a) this Act appropriates an amount for particular expenditure; and
(b) before the commencement of this Act, the Finance Minister determines an amount (the
advanced amount ) under section 15 of theAppropriation Act (No. 2) 2012‑2013 for the expenditure;
the amount appropriated by this Act for the expenditure is taken to be reduced (but not below nil) by the advanced amount.
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.
(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.
The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act, including the operation of this Act as affected by the
Financial Management and Accountability Act 1997 .
Note: See section 17.
Column 1 | Column 2 | Column 3 | Column 4 |
Minister | Minister | ||
determining | determining | ||
Entity | Outcome | conditions | payments |
Department of Families, Housing, Community Services and Indigenous Affairs | Access to affordable, safe housing through: payments and support services; and rental subsidies to low and moderate income households | Minister for Housing | Minister for Housing |
Department of Infrastructure and Transport | Improved infrastructure across Australia through investment in and coordination of transport and other infrastructure | Minister for Infrastructure and Transport | Minister for Infrastructure and Transport |
Department of Regional Australia, Local Government, Arts and Sport | Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance | Minister for Regional Australia, Regional Development and Local Government | Minister for Regional Australia, Regional Development and Local Government |
Department of Sustainability, Environment, Water, Population and Communities | Adaptation to climate change, wise water use, secure water supplies and improved health of rivers, waterways and freshwater ecosystems by supporting research, and reforming the management and use of water resources | Minister for Sustainability, Environment, Water, Population and Communities | Minister for Sustainability, Environment, Water, Population and Communities |
Note: See sections 6 and 18.
| | ||
Page Reference | Portfolio | Total |
$'000 | ||
19 | Attorney‑General’s | 50,426 |
21 | Broadband, Communications and the Digital Economy | 300 |
23 | Defence | 468,774 |
25 | Families, Housing, Community Services and Indigenous Affairs | 14,548 |
27 | Finance and Deregulation | 5,000 |
29 | Foreign Affairs and Trade | 5,287 |
31 | Human Services | 5,174 |
33 | Immigration and Citizenship | 32,394 |
35 | Industry, Innovation, Science, Research and Tertiary Education | 52,716 |
38 | Infrastructure and Transport | 17,050 |
40 | Regional Australia, Local Government, Arts and Sport | 7,052 |
42 | Resources, Energy and Tourism | 5,217 |
44 | Sustainability, Environment, Water, Population and Communities | 753 |
46 | Treasury | 1,674 |
| Portfolio | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Agriculture, Fisheries and Forestry | ||||
Attorney‑General’s | ||||
Broadband, Communications and the Digital Economy | ||||
Climate Change and Energy Efficiency | ||||
Defence | ||||
Education, Employment and Workplace Relations | ||||
Families, Housing, Community Services and Indigenous Affairs | ||||
Finance and Deregulation | ||||
Foreign Affairs and Trade | ||||
Health and Ageing | ||||
Human Services | ||||
Immigration and Citizenship | ||||
Industry, Innovation, Science, Research and Tertiary Education | ||||
Infrastructure and Transport | ||||
Prime Minister and Cabinet | ||||
Regional Australia, Local Government, Arts and Sport | ||||
Resources, Energy and Tourism | ||||
Sustainability, Environment, Water, Population and Communities | ||||
Continued | ||||
Treasury | ||||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Attorney‑General’s Department | ||||
Australian Crime Commission | ||||
Australian Customs and Border Protection Service | ||||
Australian Federal Police | ||||
Australian Security Intelligence Organisation | ||||
Australian Transaction Reports and Analysis Centre | ||||
High Court of Australia | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Administered Assets and Liabilities | |||
18,671 | |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Broadband, Communications and the Digital Economy | ||||
Australian Broadcasting Corporation | ||||
Special Broadcasting Service Corporation | ||||
Australian Communications and Media Authority | ||||
Telecommunications Universal Service Management Agency | ||||
| ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Equity Injections | |||
2,116 | |||
| |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Defence | ||||
Department of Veterans’ Affairs | ||||
Australian War Memorial | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Equity Injections | |||
2,773,786 | |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Families, Housing, Community Services and Indigenous Affairs | ||||
Indigenous Business Australia | ||||
Workplace Gender Equality Agency | ||||
| ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Access to affordable, safe housing through: payments and support services; and rental subsidies to low and moderate income households | |||
30,000 | ‑ | 30,000 | |
Equity Injections | |||
2,997 | |||
| |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Finance and Deregulation | ||||
Australian Electoral Commission | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Administered Assets and Liabilities | |||
1,789 | |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Foreign Affairs and Trade | ||||
AusAID | ||||
Australian Centre for International Agricultural Research | ||||
Australian Secret Intelligence Service | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Equity Injections | |||
72,005 | |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Human Services | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Equity Injections | |||
61,524 | |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Immigration and Citizenship | ||||
Migration Review Tribunal and Refugee Review Tribunal | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Administered Assets and Liabilities | |||
23,966 | |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Industry, Innovation, Science, Research and Tertiary Education | ||||
Australian Institute of Aboriginal and Torres Strait Islander Studies | ||||
Australian Nuclear Science and Technology Organisation | ||||
Australian Research Council | ||||
National Vocational Education and Training Regulator (Australian Skills Quality Authority) | ||||
Tertiary Education Quality and Standards Agency | ||||
| ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Equity Injections | |||
3,610 | |||
Administered Assets and Liabilities | |||
84,747 | |||
| |||
Actual Available Appropriation (light figures)—2011‑2012 | |||
| Non Operating | |||
$'000 | |||
1,400 | |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Infrastructure and Transport | ||||
Australian Maritime Safety Authority | ||||
Australian Transport Safety Bureau | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Improved infrastructure across Australia through investment in and coordination of transport and other infrastructure | |||
394,344 | ‑ | 394,344 | |
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Regional Australia, Local Government, Arts and Sport | ||||
Australian National Maritime Museum | ||||
National Film and Sound Archive | ||||
National Gallery of Australia | ||||
National Library of Australia | ||||
National Museum of Australia | ||||
Old Parliament House | ||||
| ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance | |||
115,968 | ‑ | 115,968 | |
Equity Injections | |||
‑ | |||
Administered Assets and Liabilities | |||
29,000 | |||
| |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Resources, Energy and Tourism | ||||
Geoscience Australia | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Equity Injections | |||
4,963 | |||
| |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of Sustainability, Environment, Water, Population and Communities | ||||
Bureau of Meteorology | ||||
| ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Adaptation to climate change, wise water use, secure water supplies and improved health of rivers, waterways and freshwater ecosystems by supporting research, and reforming the management and use of water resources | |||
9,130 | ‑ | 9,130 | |
| |||
| Entity | Payments to States, ACT, NT and local government | New Administered Outcomes | Non‑ operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Department of the Treasury | ||||
Australian Bureau of Statistics | ||||
Australian Competition and Consumer Commission | ||||
Australian Prudential Regulation Authority | ||||
Australian Securities and Investments Commission | ||||
Australian Taxation Office | ||||
Actual Available Appropriation (light figures)—2011‑2012 | |||
Payments to States, ACT, NT and local government | New Administered Outcomes | Total | |
$'000 | $'000 | $'000 | |
Equity Injections | |||
32,175 | |||
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