Appropriation Act (No. 6) 2013-2014 (Cth)

Appropriation Act (No. 6) 2013‑2014

No. 57, 2014

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

Contents

Appropriation Act (No. 6) 2013-2014

No. 57, 2014

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

[Assented to 26 June 2014]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation Act (No. 6) 2013‑2014.

2Commencement

This Act commences on the day this Act receives the Royal Assent.

3Definitions

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:

1. (a)

   an Agency within the meaning of the Financial Management and Accountability Act 1997; or

2. (b)

   the High Court of Australia.

CAC Act body means:

1. (a)

   a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997; or

2. (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 the Financial Management and Accountability Act 1997.

current year means the financial year ending on 30 June 2014.

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:

1. (a)

   a State, ACT, NT and local government item;

2. (b)

   an administered item;

3. (c)

   an administered assets and liabilities item;

4. (d)

   an other departmental item;

5. (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 the Appropriation Act (No. 3) 2013‑2014 and the Bill for the Appropriation Act (No. 4) 2013‑2014.

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) 2013‑2014 and the Bill for the Appropriation Act (No. 2) 2013‑2014.

Portfolio Statements means:

1. (a)

   the Portfolio Budget Statements; and

2. (b)

   the Portfolio Additional Estimates Statements; and

3. (c)

   the Portfolio Supplementary Additional Estimates Statements.

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) 2013‑2014.

Special Account has the same meaning as in the Financial 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”.

4Portfolio Statements

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 which provides that the material that may be considered in the interpretation of a provision of an Act includes any document that is declared by the Act to be a relevant document.

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. This is consistent with section 6 of the Financial Management and Accountability Act 1997.

Part 2Appropriation items 6Summary of appropriations

The total of the items specified in Schedule 2 is $972,365,000.

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.

7State, ACT, NT and local government items

1. (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. (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.

8Administered items

1. (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. (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.

9Administered assets and liabilities items

1. (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:

   1. (a)

      in Schedule 2 to this Act; or

   2. (b)

      in Schedule 1 to the Appropriation Act (No. 5) 2013‑2014; or

   3. (c)

      in Schedule 2 to the Appropriation Act (No. 4) 2013‑2014; or

   4. (d)

      in Schedule 1 to the Appropriation Act (No. 3) 2013‑2014; or

   5. (e)

      in Schedule 2 to the Appropriation Act (No. 2) 2013‑2014; or

   6. (f)

      in Schedule 1 to the Appropriation Act (No. 1) 2013‑2014.

   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. (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.

10Other departmental items

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.

11CAC Act body payment items

1. (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. (2)

   If:

   1. (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

   2. (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.

Part 3Adjusting appropriation items 12Reducing State, ACT, NT and local government items and administered items

1. (1)

   If:

   1. (a)

      an annual report for an Agency for the current year is tabled in the Parliament; and

   2. (b)

      the report specifies the amount required by an Agency in respect of:

      1. (i)

         a State, ACT, NT and local government item for the Agency; or

      2. (ii)

         an administered item for the Agency; and

   3. (c)

      the required amount is less than the amount of the item;

   the item is taken to be reduced to the required amount.

2. (2)

   The Finance Minister may, by writing:

   1. (a)

      determine that subsection (1):

      1. (i)

         does not apply in relation to the item; or

      2. (ii)

         applies as if the amount specified in the annual report were the amount specified in the determination; or

   2. (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. (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.

13Reducing administered assets and liabilities items and other departmental items

1. (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:

   1. (a)

      the Prime Minister or a Minister acting on behalf of the Prime Minister; or

   2. (b)

      the Minister who is responsible for the Agency; or

   3. (c)

      if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency.

2. (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. (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. (4)

   The item is taken to be reduced in accordance with the determination.

5. (5)

   Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied, other than to correct an error.

6. (6)

   A request made under subsection (1) is not a legislative instrument.

7. (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.

14Reducing CAC Act body payment items

1. (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:

   1. (a)

      the Prime Minister or a Minister acting on behalf of the Prime Minister; or

   2. (b)

      the Minister who is responsible for the body; or

   3. (c)

      if the Finance Minister is responsible for the body—the Secretary of the Department.

   Note: For Department, see subsection 19A(3) of the Acts Interpretation Act 1901.

2. (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. (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. (4)

   The item is taken to be reduced in accordance with the determination.

5. (5)

   Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied, other than to correct an error.

6. (6)

   Subsection 11(2) does not limit the reduction of a CAC Act body payment item under this section.

7. (7)

   A request made under subsection (1) is not a legislative instrument.

8. (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.

15Advance to the Finance Minister

1. (1)

   If the Finance Minister determined an amount under subsection 15(2) of the Appropriation Act (No. 2) 2013‑2014 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) 2013‑2014, regardless of amounts that have already been determined under that section.

2. (2)

   If:

   1. (a)

      this Act appropriates an amount for particular expenditure; and

   2. (b)

      before the commencement of this Act, the Finance Minister determines an amount (the advanced amount) under section 15 of the Appropriation Act (No. 2) 2013‑2014 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.

Part 4General drawing rights limits 16General drawing rights limits

On and after the commencement of this Act, subsection 16(1) of the Appropriation Act (No. 2) 2013‑2014 has effect as if the general drawing rights limit specified in that subsection were $1,198,990,000.

Note: This increases the Building Australia Fund general drawing rights limit for the current year by $249,990,000.

Part 5Miscellaneous 17Crediting 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.

18Conditions etc. applying to State, ACT, NT and local government items

1. (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. (2)

   The payment:

   1. (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:

      1. (i)

         in relation to the outcome; and

      2. (ii)

         to or for a State, the Australian Capital Territory, the Northern Territory or a local government authority; and

      3. (iii)

         out of money appropriated by an annual Appropriation Act; and

   2. (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. (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. (4)

   Determinations mentioned in paragraph (2)(a) and determinations made under paragraph (2)(b) are not legislative instruments.

5. (5)

   This section does not limit the Commonwealth’s power to:

   1. (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

   2. (b)

      determine the amounts and times of those payments.

19Appropriation of the Consolidated Revenue Fund

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.

Schedule 1Payments to or for the States, ACT, NT and local government

Note: See section 18.

Column 1	Column 2	Column 3	Column 4
Minister	Minister
determining	determining
Entity	Outcome	conditions	payments
Department of Infrastructure and Regional Development	Improved infrastructure across Australia through investment in and coordination of transport and other infrastructure	Minister for Infrastructure and Regional Development	Minister for Infrastructure and Regional Development
Department of the Prime Minister and Cabinet	Improve results for Indigenous Australians including in relation to school attendance, employment and community safety, through delivering services and programmes, and through measures that recognise the special place that Indigenous people hold in this Nation	Minister for Indigenous Affairs	Minister for Indigenous Affairs

Schedule 2Services for which money is appropriated

Note: See sections 6 and 13.

Abstract
Page Reference		Portfolio						Total
$'000
19		Agriculture						40,000
21		Attorney‑General’s						5,043
23		Defence						603,103
25		Infrastructure and Regional Development						294,854
27		Prime Minister and Cabinet						29,365
Total						972,365
APPROPRIATIONS
Summary Summary of Appropriations (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014
Portfolio		Payments to States, ACT, NT and local government		New Administered Outcomes		Non‑ operating			Total
$'000		$'000		$'000			$'000
Agriculture		‑		‑		40,000			40,000
		‑		‑		211,465			211,465
Attorney‑General’s		‑		‑		5,043			5,043
		5,000		‑		277,803			282,803
Communications		‑		‑		‑			‑
		‑		‑		1,429,282			1,429,282
Defence		‑		‑		603,103			603,103
		‑		‑		933,216			933,216
Education		‑		‑		‑			‑
		41,092		‑		20,342			61,434
Employment		‑		‑		‑			‑
		‑		‑		5,277			5,277
Environment		‑		‑		‑			‑
		800		‑		69,079			69,879
Finance		‑		‑		‑			‑
		‑		‑		328,713			328,713
Foreign Affairs and Trade		‑		‑		‑			‑
		‑		‑		2,872,836			2,872,836
Health		‑		‑		‑			‑
		‑		‑		34,209			34,209
Immigration and Border Protection		‑		‑		‑			‑
		‑		‑		599,790			599,790
Industry		‑		‑		‑			‑
		‑		‑		187,414			187,414
Infrastructure and Regional Development		294,854		‑		‑			294,854
		414,198		‑		91,740			505,938
Prime Minister and Cabinet		23,837		‑		5,528			29,365
		3,207		‑		45,128			48,335
Social Services		‑		‑		‑			‑
		49,920		‑		120,386			170,306
Treasury		‑		‑		‑			‑
		‑		‑		126,837			126,837
Total:		318,691		‑		653,674			972,365
		514,217		‑		7,353,517			7,867,734
Agriculture PORTFOLIO Summary Summary of Appropriations (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014
Entity		Payments to States, ACT, NT and local government		New Administered Outcomes		Non‑ operating			Total
$'000		$'000		$'000			$'000
Department of Agriculture		‑		‑		40,000			40,000
		‑		‑		211,465			211,465
Total: Agriculture		‑		‑		40,000			40,000
		‑		‑		211,465			211,465
Agriculture PORTFOLIO Additional Appropriation (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014 Actual Available Appropriation (light figures)—2012‑2013
Payments to States, ACT, NT and local government		New Administered Outcomes			Total
$'000		$'000			$'000
DEPARTMENT OF AGRICULTURE
Non‑operating
Administered Assets and Liabilities			40,000
			210,000
			‑
Total: Department of Agriculture			‑		‑			40,000
Attorney‑General’s PORTFOLIO Summary Summary of Appropriations (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014
Entity		Payments to States, ACT, NT and local government		New Administered Outcomes		Non‑ operating			Total
$'000		$'000		$'000			$'000
Attorney‑General’s Department		‑		‑		5,043			5,043
		5,000		‑		131,324			136,324
Payments to CAC Act bodies:
Australian National Maritime Museum		‑			‑
		1,735			1,735
National Film and Sound Archive of Australia		‑			‑
		828			828
National Gallery of Australia		‑			‑
		16,453			16,453
National Library of Australia		‑			‑
		9,861			9,861
National Museum of Australia		‑			‑
		1,972			1,972
Australian Crime Commission		‑		‑		‑			‑
		‑		‑		573			573
Australian Federal Police		‑		‑		‑			‑
		‑		‑		99,208			99,208
Australian Security Intelligence Organisation		‑		‑		‑			‑
		‑		‑		165			165
Australian Transaction Reports and Analysis Centre		‑		‑		‑			‑
		‑		‑		8,565			8,565
High Court of Australia		‑		‑		‑			‑
		‑		‑		1,450			1,450
Office of the Director of Public Prosecutions		‑		‑		‑			‑
		‑		‑		4,000			4,000
Old Parliament House		‑		‑		‑			‑
		‑		‑		1,669			1,669
Total: Attorney‑General’s		‑		‑		5,043			5,043
		5,000		‑		277,803			282,803
Attorney‑General’s PORTFOLIO Additional Appropriation (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014 Actual Available Appropriation (light figures)—2012‑2013
Payments to States, ACT, NT and local government		New Administered Outcomes			Total
$'000		$'000			$'000
ATTORNEY‑GENERAL’S DEPARTMENT
Non‑operating
Administered Assets and Liabilities			5,043
			124,404
			21,068
Total: Attorney‑General’s Department			‑		‑			5,043
Defence PORTFOLIO Summary Summary of Appropriations (bold figures)—2013‑2014

Actual Available Appropriation (italic figures)—2013‑2014
Entity		Payments to States, ACT, NT and local government		New Administered Outcomes		Non‑ operating			Total
$'000		$'000		$'000			$'000
Department of Defence		‑		‑		603,103			603,103
		‑		‑		894,345			894,345
Department of Veterans’ Affairs		‑		‑		‑			‑
		‑		‑		13,606			13,606
Payments to CAC Act bodies:
Australian War Memorial		‑			‑
		25,265			25,265
Total: Defence		‑		‑		603,103			603,103
		‑		‑		933,216			933,216
Defence PORTFOLIO Additional Appropriation (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014 Actual Available Appropriation (light figures)—2012‑2013
Payments to States, ACT, NT and local government		New Administered Outcomes			Total
$'000		$'000			$'000
DEPARTMENT OF DEFENCE
Non‑operating
Equity Injections			603,103
			894,345
			456,289
Total: Department of Defence			‑		‑			603,103
Infrastructure and Regional Development PORTFOLIO Summary Summary of Appropriations (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014
Entity		Payments to States, ACT, NT and local government		New Administered Outcomes		Non‑ operating			Total
$'000		$'000		$'000			$'000
Department of Infrastructure and Regional Development		294,854		‑		‑			294,854
		414,198		‑		77,508			491,706
Payments to CAC Act bodies:
Australian Maritime Safety Authority		‑			‑
		7,485			7,485
Australian Transport Safety Bureau		‑		‑		‑			‑
		‑		‑		973			973
National Capital Authority		‑		‑		‑			‑
		‑		‑		5,774			5,774
Total: Infrastructure and Regional Development		294,854		‑		‑			294,854
		414,198		‑		91,740			505,938
Infrastructure and Regional Development PORTFOLIO Additional Appropriation (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014 Actual Available Appropriation (light figures)—2012‑2013
Payments to States, ACT, NT and local government		New Administered Outcomes			Total
$'000		$'000			$'000
DEPARTMENT OF INFRASTRUCTURE AND REGIONAL DEVELOPMENT
Operating
Outcome 1 ‑ Improved infrastructure across Australia through investment in and coordination of transport and other infrastructure
			294,854		‑			294,854
			386,786		‑			386,786
			361,415		‑			361,415
Total: Department of Infrastructure and Regional Development			294,854		‑			294,854
Prime Minister and Cabinet PORTFOLIO Summary Summary of Appropriations (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014
Entity		Payments to States, ACT, NT and local government		New Administered Outcomes		Non‑ operating			Total
$'000		$'000		$'000			$'000
Department of the Prime Minister and Cabinet		23,837		‑		5,528			29,365
		3,207		‑		3,000			6,207
Payments to CAC Act bodies:
Aboriginal Hostels Limited		‑			‑
		4,918			4,918
Indigenous Business Australia		‑			‑
		37,210			37,210
Total: Prime Minister and Cabinet		23,837		‑		5,528			29,365
		3,207		‑		45,128			48,335
Prime Minister and Cabinet PORTFOLIO Additional Appropriation (bold figures)—2013‑2014 Actual Available Appropriation (italic figures)—2013‑2014 Actual Available Appropriation (light figures)—2012‑2013
Payments to States, ACT, NT and local government		New Administered Outcomes			Total
$'000		$'000			$'000
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Operating
Outcome 2 ‑ Improve results for Indigenous Australians including in relation to school attendance, employment and community safety, through delivering services and programmes, and through measures that recognise the special place that Indigenous people hold in this Nation
			23,837		‑			23,837
			‑		‑			‑
			‑		‑			‑
Total: Operating			23,837		‑			23,837
Non‑operating
Equity Injections			5,528
			3,000
			1,700
Total: Non‑operating			5,528
Total: Department of the Prime Minister and Cabinet			23,837		‑			29,365

[Minister’s second reading speech made in—

House of Representatives on 13 May 2014

Senate on 24 June 2014]

(89/14)