Appropriation Act (No. 6) 2005-2006 (Cth)
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The Parliament of Australia enacts:
This Act may be cited as the
Appropriation Act (No. 6) 2005‑2006 .
This Act commences on the day on which it receives the Royal Assent.
In this Act:
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:
(a) an Agency within the meaning of the
Financial Management and Accountability Act 1997 ; or(b) the High Court of Australia.
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 2006.
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, ACT, NT and local government 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 theAppropriation Act (No. 3) 2005‑2006 and the Bill for theAppropriation Act (No. 4) 2005‑2006 .
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) 2005‑2006 and the Bill for theAppropriation Act (No. 2) 2005‑2006 .
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 theAppropriation Act (No. 5) 2005‑2006 .
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 (Regional Telecommunications Services) Act 2005‑2006 .
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 of an entity under the heading “Payments to the States, ACT, NT and local government”.
(1) The Portfolio Budget Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary 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, Portfolio Supplementary 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.
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 $2,289,288,000.
Note 1: Items in Schedule 2 can be increased under section 13 of the
Appropriation Act (No. 1) 2005‑2006 (as modified by section 11 of theAppropriation Act (No. 5) 2005‑2006 ).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.
(1) For a State, ACT, NT and local government 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, ACT, NT and local government item for an outcome of an entity may only 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.
(3) A determination made under paragraph (1)(b) is not a legislative instrument.
(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.
(3) A determination made under paragraph (1)(b) is not a legislative instrument.
(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. 5) 2005‑2006 ; or(c) in Schedule 2 to the
Appropriation Act (No. 4) 2005‑2006 ; or(d) in Schedule 1 to the
Appropriation Act (No. 3) 2005‑2006 ; or(e) in Schedule 2 to the
Appropriation Act (No. 2) 2005‑2006 ; or(f) in Schedule 1 to the
Appropriation Act (No. 1) 2005‑2006 ; or(g) in Schedule 1 to the
Appropriation (Regional Telecommunications Services) Act 2005‑2006 .
(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.
(1) The Finance Minister may, upon written request by a Minister, make a written determination 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 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 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 of that Act applies to the determination. However, Part 6 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 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:
(a) under this section; and
(b) under section 13 of the
Appropriation Act (No. 2) 2005‑2006 ; and(c) under section 13 of the
Appropriation Act (No. 4) 2005‑2006 ;
cannot be more than $215 million.
(4) However, if an amount determined by the Finance Minister under section 13 of the
Appropriation Act (No. 2) 2005‑2006 or section 13 of theAppropriation Act (No. 4) 2005‑2006 is recovered from an amount set out in Schedule 2 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 nor Part 6 of the
Legislative Instruments Act 2003 applies to the determination.
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 the amounts, and at the times, determined in writing by the Minister specified in column 4 of the table.
(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.
Note: See section 14.
Column 1 | Column 2 | Column 3 | Column 4 |
Minister | Minister | ||
determining | determining | ||
Entity | 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 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 Communications, Information Technology and the Arts | Minister for Communications, Information Technology and the Arts |
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 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 |
Continued | |||
Department of Families, Community Services and Indigenous Affairs | An integrated social support system — Services and assistance that: promote a forward‑looking social support system based on sound policy, effective social coalitions and partnerships; and help to build the capacity and well‑being of individuals, families and communities | Minister for Families, Community Services and Indigenous Affairs | Minister for Families, Community Services and Indigenous Affairs |
Department of Families, Community Services and Indigenous Affairs | Greater self‑reliance and engagement for those in need through shared responsibility, practical support and help with housing — Services and assistance that: support Indigenous families and communities; and help homeless people and low‑income households to gain affordable and appropriate housing | Minister for Families, Community Services and Indigenous Affairs | Minister for Families, Community Services and Indigenous Affairs |
Department of Families, Community Services and Indigenous Affairs | Seniors, people with disabilities, carers, youth and women are supported, recognised and encouraged to participate in the community — Services and assistance that help people to: participate actively in community and economic life; access a responsive and sustainable safety net; and develop their capabilities | Minister for Families, Community Services and Indigenous Affairs | Minister for Families, Community Services and Indigenous Affairs |
Department of Families, Community Services and Indigenous Affairs | Families and children have choices and opportunities — Services and assistance that: help children have the best possible start to life; promote healthy family relationships; and help families adapt to changing economic and social circumstances and take an active part in the community | Minister for Families, Community Services and Indigenous Affairs | Minister for Families, Community Services and Indigenous Affairs |
Department of Families, Community Services and Indigenous Affairs | Strong and resilient communities — Services and assistance that: promote community partnerships; and encourage participation in the local community by individuals, families, business and government | Minister for Families, Community Services and Indigenous Affairs | Minister for Families, Community Services and Indigenous Affairs |
Continued | |||
Department of Health and Ageing | The incidence of preventable mortality, illness and injury in Australians is minimised | Minister for Health and Ageing | Minister for Health and Ageing |
Department of Health and Ageing | Older Australians enjoy independence, good health and well being. High quality, cost‑effective care is accessible to frail older people, and their carers are supported | Minister for Health and Ageing | Minister for Health and Ageing |
Continued | |||
Department of Health and Ageing | Improved health outcomes for Australians living in regional, rural and remote locations. | Minister for Health and Ageing | Minister for Health and Ageing |
Department of Health and Ageing | Australians have access to public hospitals, related hospital care, diagnostic services and medical services underpinned by appropriate medical indemnity arrangements | Minister for Health and Ageing | Minister for Health and Ageing |
Department of Health and Ageing | Australia’s health system benefits from high quality health and medical research conducted at the highest ethical standard, well‑developed research capabilities and sound evidence‑based advice that informs health policy and practice | Minister for Health and Ageing | Minister for Health and Ageing |
Department of Health and Ageing | Australia’s health system has coordinated arrangements to respond effectively to national health emergencies, including infectious disease outbreaks, terrorism and natural disasters |
Minister for Health and Ageing | Minister for Health and Ageing | ||
Department of Immigration and Multicultural Affairs | A society which values Australian citizenship, appreciates cultural diversity and enables migrants to participate equitably | Minister for Immigration and Multicultural Affairs | Minister for Immigration and Multicultural 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 |
Continued | |||
Department of Transport and Regional Services | Fostering an efficient, sustainable, competitive, safe and secure transport system | Minister for Transport and Regional Services | Minister for Transport and Regional Services |
Department of Transport and Regional Services | Assisting regions to manage their own futures | 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 |
Note: See sections 6 and 15.
Page | ||
Reference | Portfolio | Total |
$'000 | ||
19 | Defence | 62 |
20 | Environment and Heritage | 7,937 |
22 | Families, Community Services and Indigenous Affairs | 80 |
23 | Finance and Administration | 521,152 |
25 | Industry, Tourism and Resources | 68 |
26 | Transport and Regional Services | 1,759,989 |
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | Non‑ | ||
Portfolio | government | Expenses | operating | Total |
$'000 | $'000 | $'000 | $'000 | |
Agriculture, Fisheries and Forestry | ||||
Continued | ||||
Attorney‑General’s | ||||
Continued | ||||
Communications, Information | ||||
Technology and the Arts | ||||
Continued | ||||
Defence | ||||
Continued | ||||
Education, Science and Training | ||||
Continued | ||||
Employment and Workplace Relations | ||||
Continued | ||||
Environment and Heritage | ||||
Continued | ||||
Families, Community Services and | ||||
Indigenous Affairs | ||||
Continued | ||||
Finance and Administration | ||||
Continued | ||||
Foreign Affairs and Trade | ||||
Continued | ||||
Health and Ageing | ||||
Continued | ||||
Immigration and Multicultural Affairs | ||||
Continued | ||||
Industry, Tourism and Resources | ||||
Continued | ||||
Prime Minister and Cabinet | ||||
Continued | ||||
Transport and Regional Services | ||||
Continued | ||||
Treasury | ||||
Continued | ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
Equity Injections | ||||
1,676 | ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
Administered Assets and Liabilities | ||||
‑ | ||||
| ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
Equity Injections | ||||
‑ | ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
Strong and resilient communities ‑ | ||||
Services and assistance that: promote | ||||
community partnerships; and encourage participation in the local community by individuals, families, business and government | ‑ | ‑ | ‑ | |
| ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
Administered Assets and Liabilities | ||||
106,742 | ||||
| ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
Equity Injections | ||||
19,978 | ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
A stronger, sustainable and | ||||
internationally competitive Australian | ||||
industry, comprising the manufacturing, resources and services sectors | 50,825 | ‑ | 50,825 | |
| ||||
Actual Available Appropriation (light figures)—2004‑2005
Payments to | ||||
States, ACT, | New | |||
NT and local | Administered | |||
government | Expenses | Total | ||
$'000 | $'000 | $'000 | ||
Fostering an efficient, sustainable, | ||||
competitive, safe and secure transport | ||||
system | 30,647 | ‑ | 30,647 | |
| ||||
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