Appropriation Act (No. 6) 2003-2004 (Cth)

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Appropriation Act (No. 6) 2003‑2004

No. 86, 2004

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

Contents

Appropriation Act (No. 6) 2003-2004

No. 86, 2004

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

[Assented to 25 June 2004]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation Act (No. 6) 2003‑2004.

2Commencement

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 means any of the following:
(a)
an Agency within the meaning of the Financial Management and Accountability Act 1997;
(b)
the High Court.
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;
(d)
the Australian National Training Authority.
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 the Appropriation Act (No. 3) 2003‑2004 and the Bill for the Appropriation Act (No. 4) 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.
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 this Act and the Bill for the Appropriation Act (No. 5) 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 Statements

(1)
The Portfolio Budget Statements, Portfolio Additional Estimates Statements and Portfolio Supplementary 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, Portfolio Additional Estimates Statements or Portfolio Supplementary 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 $183,296,000.
Note 1: Items in Schedule 2 can be increased under section 12 of the Appropriation Act (No. 1) 2003‑2004 (as modified by section 11 of the Appropriation Act (No. 5) 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:
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 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:
1. (a)
  in Schedule 2 to this Act; or
2. (b)
  in Schedule 1 to the Appropriation Act (No. 5) 2003‑2004; or
3. (c)
  in Schedule 2 to the Appropriation Act (No. 4) 2003‑2004; or
4. (d)
  in Schedule 1 to the Appropriation Act (No. 3) 2003‑2004; or
5. (e)
  in Schedule 2 to the Appropriation Act (No. 2) 2003‑2004; or
6. (f)
  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:
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 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:
1. (a)
  the amount requested under subsection (1) or (2);
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.

Part 3Miscellaneous 12Crediting 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.

13Conditions 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 (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.

14Appropriation 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 13.

Schedule 2Services for which money is appropriated

Note: See sections 6 and 14.

Abstract
Page
Reference	Departments and Services	Total
$'000
18	Communications, Information Technology and the Arts	50,000
19	Health and Ageing	129,196
20	Treasury	4,100
Total	183,296

DEPARTMENTS AND SERVICES

Summary

Supplementary Appropriation (bold figures) — 2003‑2004

Appropriation Acts (Nos. 2 and 4) (italic figures) — 2003‑2004

Specific
Payments to	New
the States and	Administered	Non‑
Portfolio	Territories	Expenses	operating	Total
$'000	$'000	$'000	$'000
Agriculture, Fisheries and Forestry	‑	‑	‑	‑
525,538	‑	33,180	558,718
Continued
Attorney‑General’s	‑	‑	‑	‑
88,010	‑	134,132	222,142
Continued
Communications, Information	50,000	‑	‑	50,000
Technology and the Arts	‑	‑	42,496	42,496
Continued
Defence	‑	‑	‑	‑
‑	‑	1,020,524	1,020,524
Continued
Veterans’ Affairs	‑	‑	‑	‑
6,826	‑	8,027	14,853
Continued
Education, Science and Training	‑	‑	‑	‑
‑	‑	90,200	90,200
Continued
Employment and Workplace Relations	‑	‑	‑	‑
‑	‑	424	424
Continued
Environment and Heritage	‑	‑	‑	‑
1,530	‑	19,633	21,163
Continued
Family and Community Services	‑	‑	‑	‑
1,908,508	‑	42,345	1,950,853
Continued
Finance and Administration	‑	‑	‑	‑
‑	‑	63,670	63,670
Continued
Foreign Affairs and Trade	‑	‑	‑	‑
‑	‑	241,174	241,174
Continued
Health and Ageing	3,529	‑	125,667	129,196
986,464	‑	111,237	1,097,701
Continued
Immigration and Multicultural and	‑	‑	‑	‑
Indigenous Affairs	1,823	‑	31,131	32,954
Continued
Industry, Tourism and Resources	‑	‑	‑	‑
37,904	27,000	110,156	175,060
Continued

Summary

Supplementary Appropriation (bold figures) — 2003‑2004

Appropriation Acts (Nos. 2 and 4) (italic figures) — 2003‑2004

Specific
Payments to	New
the States and	Administered	Non‑
Portfolio	Territories	Expenses	operating	Total
$'000	$'000	$'000	$'000
Prime Minister and Cabinet	‑	‑	‑	‑
‑	‑	1,468	1,468
Continued
Transport and Regional Services	‑	‑	‑	‑
195,529	‑	87,758	283,287
Continued
Treasury	4,100	‑	‑	4,100
178,419	‑	19,190	197,609
Continued
Total: Bill 6	57,629	‑	125,667	183,296
3,930,551	27,000	2,056,745	6,014,296

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Supplementary Appropriation (bold figures) — 2003‑2004

Appropriation Acts (Nos. 2 and 4) (italic figures) — 2003‑2004

Actual Available Appropriation (light figures) — 2002‑2003

Specific
Payments to	New
the States and	Administered
Territories	Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS
Operating
Outcome 2 ‑
Development of a stronger and	50,000	‑	50,000
internationally competitive Australian	‑	‑	‑
sports sector and encouragement of greater participation in sport by all Australians	‑	‑	‑
Total: Department of Communications,

50,000	‑	50,000
Information Technology and the Arts		168

HEALTH AND AGEING PORTFOLIO

Supplementary Appropriation (bold figures) — 2003‑2004

Appropriation Acts (Nos. 2 and 4) (italic figures) — 2003‑2004

Actual Available Appropriation (light figures) — 2002‑2003

Specific
Payments to	New
the States and	Administered
Territories	Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF HEALTH AND AGEING
Operating
Outcome 2 ‑
Access through Medicare to cost‑effective	3,529	‑	3,529
medical services, medicines and acute	4,093	‑	4,093
health care for all Australians	69,032	‑	69,032
Total: Operating		3,529	‑	3,529
Non‑operating
Administered Assets and Liabilities	125,667
40,440
48,364
Total: Non‑operating		125,667
Total: Department of Health and Ageing		3,529	‑	129,196

TREASURY PORTFOLIO

Supplementary Appropriation (bold figures) — 2003‑2004

Appropriation Acts (Nos. 2 and 4) (italic figures) — 2003‑2004

Actual Available Appropriation (light figures) — 2002‑2003

Specific
Payments to	New
the States and	Administered
Territories	Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF THE TREASURY
Operating
Outcome 2 ‑
Effective government spending and taxation	4,100	‑	4,100
arrangements	20,900	‑	20,900
74,700	‑	74,700
Total: Department of the Treasury		4,100	‑	4,100

[Minister’s second reading speech made in—

House of Representatives on 11 May 2004

Senate on 22 June 2004]

(67/04)

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Appropriation Act (No. 6) 2003-2004 (Cth)

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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, serving and former defence force members, their war widows and widowers and dependants have access to health and other care services that promote and maintain self‑sufficiency, well‑being and quality of life	Minister for Veterans’ Affairs	Minister for Veterans’ Affairs
Department of Communications, Information Technology and the Arts	Development of a stronger and internationally competitive Australian sports sector and encouragement of greater participation in sport by all Australians	Minister for the Arts and Sport	Minister for the Arts and Sport
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
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
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
Continued
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 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