Appropriation Act (No. 5) 2007-2008 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Appropriation Act (No. 5) 2007‑2008 .
This Act commences on the day on which it receives the Royal Assent.
In this Act:
administered item means an amount set out in Schedule 1 opposite an outcome of an entity under the heading “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.
Chief Executive has the same meaning as in theFinancial Management and Accountability Act 1997 .
Commonwealth authority has the same meaning as in theCommonwealth Authorities and Companies Act 1997 .
Commonwealth company has the same meaning as in theCommonwealth Authorities and Companies Act 1997 .
current year means the financial year ending on 30 June 2008.
departmental item means the total amount set out in Schedule 1 in relation to an entity under the heading “Departmental Outputs”.Note: The amounts set out opposite outcomes, under the heading “Departmental Outputs”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.
entity means any of the following:
(a) an Agency;
(b) a Commonwealth authority;
(c) a Commonwealth company.
expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.
Finance Minister means the Minister administering this Act.
item means an administered item or a departmental 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 theAppropriation Act (No. 3) 2007‑2008 and the Bill for theAppropriation Act (No. 4) 2007‑2008 .
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) 2007‑2008 and the Bill for theAppropriation Act (No. 2) 2007‑2008 .
Portfolio Supplementary Additional Estimates Statements means the Portfolio Supplementary Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for theAppropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008 and the Bill for theAppropriation (Drought and Equine Influenza Assistance) Act (No. 2) 2007‑2008 .
Portfolio Supplementary Additional Estimates Statements (No. 2) means the Portfolio Supplementary Additional Estimates Statements (No. 2) 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. 6) 2007‑2008 .
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 (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008 and the Bill for theAppropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008 .
Special Account has the same meaning as in theFinancial Management and Accountability Act 1997 .
(1) The Portfolio Budget Statements, Portfolio Supplementary Estimates Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements and Portfolio Supplementary Additional Estimates Statements (No. 2) 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, Portfolio Supplementary Estimates Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements or Portfolio Supplementary Additional Estimates Statements (No. 2) 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.
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 1 is $626,540,000.
Note 1: Items in Schedule 1 can be adjusted under Part 3 of this Act and under section 12 of the
Appropriation Act (No. 1) 2007‑2008 (as modified by section 11 of this Act).Note 2: See also sections 30 to 32 of the
Financial Management and Accountability Act 1997 , which provide for adjustments of amounts appropriated by this Act.
(1) For a departmental item for an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.
Note: Generally, the Finance Minister is permitted, but not obliged, to issue the amounts out of the Consolidated Revenue Fund. However, subsections (3) and (4) impose an obligation on the Finance Minister to issue the amounts in certain circumstances.
(2) An amount issued out of the Consolidated Revenue Fund for a departmental item for an entity may only be applied for the departmental expenditure of the entity.
Note: The acquisition of new departmental assets will usually be funded from an other departmental item (in another Appropriation Act).
(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 1 contains a departmental item for that entity;
then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund the full amount specified in the item.
(4) If a departmental item for an Agency includes provision for payment of remuneration and allowances to the holder of:
(a) a public office (within the meaning of the
Remuneration Tribunal Act 1973 ); or(b) an office specified in a Schedule to the
Remuneration and Allowances Act 1990 ;
then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund, under that item, amounts that are sufficient to pay the remuneration and allowances and must apply the amounts for that purpose.
(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 (in another Appropriation Act).
(3) A determination made under paragraph (1)(b) is not a legislative instrument.
(1) The Finance Minister may, upon written request by a Minister, make a written determination reducing a 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 a 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 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.(10) A written request made under subsection (1) or (2) is not a legislative instrument.
(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 1; and
(b) the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 1:
(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 1 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:
(a) under this section; and
(b) under section 11 of the
Appropriation Act (No. 1) 2007‑2008 ; and(c) under section 11 of the
Appropriation Act (No. 3) 2007‑2008 ;
cannot be more than $175 million.
(4) However, if:
(a) an amount determined by the Finance Minister under section 11 of the
Appropriation Act (No. 1) 2007‑2008 is recovered from an amount set out in:(i) Schedule 1 to the
Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008 ; or(ii) Schedule 1 to the
Appropriation Act (No. 3) 2007‑2008 ; or(iii) Schedule 1 to this Act; or
(b) an amount determined by the Finance Minister under section 11 of the
Appropriation Act (No. 3) 2007‑2008 is recovered from an amount set out in:(i) Schedule 1 to the
Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008 ; or(ii) Schedule 1 to this Act;
the determined amount is to be disregarded for the purposes of subsection (3).
(5) A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the
Legislative Instruments Act 2003 applies to the determination.
After the commencement of this Act, section 12 of the
Appropriation Act (No. 1) 2007‑2008 has effect as if the reference to an available item included a reference to:
(a) an item in Schedule 1 to this Act; and
(b) an item in Schedule 2 to the
Appropriation Act (No. 6) 2007‑2008 .Note: Section 12 of the
Appropriation Act (No. 1) 2007‑2008 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.
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.
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 sections 6 and 13.
Page Reference | Portfolio | Total |
$'000 | ||
15 | Attorney‑General’s | 8,218 |
18 | Education, Employment and Workplace Relations | 500,000 |
20 | Environment, Water, Heritage and the Arts | 112,329 |
22 | Health and Ageing | 3,341 |
25 | Prime Minister and Cabinet | 1,589 |
27 | Resources, Energy and Tourism | 1,063 |
Portfolio | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Agriculture, Fisheries and Forestry | |||
Attorney‑General’s | |||
Broadband, Communications and the Digital Economy | |||
Communications, Information Technology and the Arts | |||
Defence | |||
Education, Employment and Workplace Relations | |||
Education, Science and Training | |||
Employment and Workplace Relations | |||
Environment, Water, Heritage and the Arts | |||
Families, Housing, Community Services and Indigenous Affairs | |||
Finance and Deregulation | |||
Foreign Affairs and Trade | |||
Health and Ageing | |||
Human Services | |||
Immigration and Citizenship | |||
Industry, Tourism and Resources | |||
Infrastructure, Transport, Regional Development and Local Government | |||
Innovation, Industry, Science and Research | |||
Continued
Portfolio | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Prime Minister and Cabinet | |||
Resources, Energy and Tourism | |||
Treasury | |||
Entity | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Attorney‑General’s Department | |||
Australian Institute of Criminology | |||
Australian Law Reform Commission | |||
Administrative Appeals Tribunal | |||
Australian Commission for Law Enforcement Integrity | |||
Australian Crime Commission | |||
Australian Customs Service | |||
Australian Federal Police | |||
Australian Security Intelligence Organisation | |||
Australian Transaction Reports and Analysis Centre | |||
CrimTrac Agency | |||
Family Court of Australia | |||
Federal Court of Australia | |||
Federal Magistrates Court of Australia | |||
High Court of Australia | |||
Human Rights and Equal Opportunity Commission | |||
Insolvency and Trustee Service Australia | |||
Continued
Entity | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
National Capital Authority | |||
National Native Title Tribunal | |||
Office of Parliamentary Counsel | |||
Office of the Director of Public Prosecutions | |||
Actual Available Appropriation (light figures)—2006‑2007 | |||
Departmental Outputs | Administered Expenses | Total | |
$'000 | $'000 | $'000 | |
An equitable and accessible system of federal civil justice | |||
73,054 | 344,410 | 417,464 | |
Entity | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Department of Education, Employment and Workplace Relations | |||
Comcare | |||
Australian Fair Pay Commission Secretariat | |||
Australian Industrial Registry | |||
Office of the Australian Building and Construction Commissioner | |||
Office of the Workplace Ombudsman | |||
Workplace Authority | |||
| |||
Actual Available Appropriation (light figures)—2006‑2007 | |||
Departmental Outputs | Administered Expenses | Total | |
$'000 | $'000 | $'000 | |
Higher Education ‑ Individuals achieve relevant learning from Higher Education | |||
‑ | ‑ | ‑ | |
| |||
Entity | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Department of the Environment, Water, Heritage and the Arts | |||
Australia Council | |||
Australian Film Commission | |||
Australian Film, Television and Radio School | |||
Australian National Maritime Museum | |||
National Gallery of Australia | |||
National Library of Australia | |||
National Museum of Australia | |||
Sydney Harbour Federation Trust | |||
Bureau of Meteorology | |||
Great Barrier Reef Marine Park Authority | |||
National Water Commission | |||
Actual Available Appropriation (light figures)—2006‑2007 | |||
Departmental | |||
Outputs | Administered Expenses | Total | |
$'000 | $'000 | $'000 | |
More efficient and sustainable use of Australia’s water resources | |||
‑ | ‑ | ‑ | |
|
Entity | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Department of Health and Ageing | |||
Australian Institute of Health and Welfare | |||
Australian Sports Commission | |||
Food Standards Australia New Zealand | |||
Australian Radiation Protection and Nuclear Safety Agency | |||
Australian Sports Anti‑Doping Authority | |||
Cancer Australia | |||
National Blood Authority | |||
National Health and Medical Research Council | |||
Private Health Insurance Ombudsman | |||
Professional Services Review | |||
Actual Available Appropriation (light figures)—2006‑2007 | |||
Departmental Outputs | Administered Expenses | Total | |
$'000 | $'000 | $'000 | |
Population Health ‑ The incidence of preventable mortality, illness and injury in Australians is minimised | |||
67,076 | 189,634 | 256,710 | |
Access to Medical Services ‑ Australians have access to cost‑effective medical services | |||
27,675 | 114,036 | 141,711 | |
Actual Available Appropriation (light figures)—2006‑2007 | |||
Departmental Outputs | Administered Expenses | Total | |
$'000 | $'000 | $'000 | |
An effective national sports system that offers improved participation in quality sports activities by Australians | |||
67,560 | ‑ | 67,560 | |
Excellence in sports performances by Australians | |||
125,457 | ‑ | 125,457 | |
Entity | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Department of the Prime Minister and Cabinet | |||
Australian Institute of Family Studies | |||
Australian National Audit Office | |||
Australian Public Service Commission | |||
National Archives of Australia | |||
Office of National Assessments | |||
Office of the Commonwealth Ombudsman | |||
Office of the Inspector‑General of Intelligence and Security | |||
Office of the Official Secretary to the Governor‑General | |||
Office of the Privacy Commissioner | |||
Department of Climate Change | |||
Office of the Renewable Energy Regulator | |||
Actual Available Appropriation (light figures)—2006‑2007 | |||
Departmental Outputs | Administered Expenses | Total | |
$'000 | $'000 | $'000 | |
The environment, especially those aspects that are matters of national environmental significance, is protected and conserved | |||
‑ | ‑ | ‑ | |
Entity | Departmental Outputs | Administered Expenses | Total |
$'000 | $'000 | $'000 | |
Department of Resources, Energy and Tourism | |||
Tourism Australia | |||
Geoscience Australia | |||
Actual Available Appropriation (light figures)—2006‑2007 | |||
Departmental Outputs | Administered Expenses | Total | |
$'000 | $'000 | $'000 | |
Enhanced potential for the Australian community to obtain economic, social, and environmental benefits through the application of first class geoscientific research and information | |||
125,398 | 20 | 125,418 | |
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