Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007-2008 (Cth)

Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008

No. 2, 2008

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to drought and equine influenza assistance, and for related purposes

Contents

Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008

No. 2, 2008

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to drought and equine influenza assistance, and for related purposes

[Assented to 18 February 2008]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Definitions

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:

1. (a)

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

2. (b)

   the High Court of Australia.

Chief Executive has the same meaning as in the Financial Management and Accountability Act 1997.

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 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:

1. (a)

   an Agency;

2. (b)

   a Commonwealth authority;

3. (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 the Appropriation Act (No. 3) 2007‑2008 and the Bill for the Appropriation 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 the Appropriation Act (No. 1) 2007‑2008 and the Bill for the Appropriation 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 this Act and the Bill for the Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 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 the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008 and the Bill for the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008.

Special Account has the same meaning as in the Financial Management and Accountability Act 1997.

4Portfolio Statements

1. (1)

   The Portfolio Budget Statements, Portfolio Supplementary Estimates 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. (2)

   If the Portfolio Budget Statements, Portfolio Supplementary Estimates 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 1 is $506,905,000.

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.

7Departmental items – basic appropriation

1. (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. (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. (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 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. (4)

   If a departmental item for an Agency includes provision for payment of remuneration and allowances to the holder of:

   1. (a)

      a public office (within the meaning of the Remuneration Tribunal Act 1973); or

   2. (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.

8Administered items – basic appropriation

1. (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. (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. (3)

   A determination made under paragraph (1)(b) is not a legislative instrument.

Part 3Adjustments to basic appropriations 9Reduction of appropriations upon request

1. (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. (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. (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. (4)

   However, a determination is of no effect if the determination has not been requested under subsection (1) or (2).

5. (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. (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. (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. (8)

   To avoid doubt, a determination made under subsection (1) or (2) applies despite any other provision of this Act.

9. (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. (10)

    A written request made under subsection (1) or (2) is not a legislative instrument.

10Advance to the Finance Minister – recovery

If 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 Schedule 1 to this Act, the determined amount is to be disregarded for the purposes of subsection 11(3) of the Appropriation Act (No. 1) 2007‑2008.

11Comcover receipts

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:

1. (a)

   an item in Schedule 1 to this Act; and

2. (b)

   an item in Schedule 2 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 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.

Part 4Miscellaneous 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.

13Appropriation 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 1Services for which money is appropriated

Note: See sections 6 and 13.

Abstract
Page
Reference	Portfolio	Total
$'000
14	Agriculture, Fisheries and Forestry	506,905
Total	506,905

APPROPRIATIONS

Summary

Supplementary Appropriation (bold figures)—2007‑2008

Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)—2007‑2008

Departmental	Administered
Portfolio	Outputs	Expenses	Total
$'000	$'000	$'000
Agriculture, Fisheries and Forestry	28,631	478,274	506,905
	360,657	392,012	752,669
Attorney‑General’s	‑	‑	‑
	3,211,923	664,727	3,876,650
Broadband, Communications and the Digital Economy	‑	‑	‑
	1,119,793	‑	1,119,793
Communications, Information Technology and the Arts	‑	‑	‑
	143,785	807,789	951,574
Defence	‑	‑	‑
	20,144,028	105,947	20,249,975
Education, Employment and Workplace Relations	‑	‑	‑
	167,233	492,224	659,457
Education, Science and Training	‑	‑	‑
	490,750	1,978,062	2,468,812
Employment and Workplace Relations	‑	‑	‑
	1,622,419	2,866,805	4,489,224
Environment, Water, Heritage and the Arts	‑	‑	‑
	1,171,683	1,491,797	2,663,480
Families, Housing, Community Services and Indigenous Affairs	‑	‑	‑
	1,576,240	1,587,113	3,163,353
Finance and Deregulation	‑	‑	‑
	507,585	222,378	729,963
Foreign Affairs and Trade	‑	‑	‑
	1,298,933	2,906,838	4,205,771
Health and Ageing	‑	‑	‑
	901,569	4,859,575	5,761,144
Human Services	‑	‑	‑
	1,872,739	153,237	2,025,976
Immigration and Citizenship	‑	‑	‑
	1,400,679	262,005	1,662,684
Industry, Tourism and Resources	‑	‑	‑
	335,848	681,018	1,016,866
Infrastructure, Transport, Regional Development and Local Government	‑	‑	‑
	330,652	522,964	853,616
Innovation, Industry, Science and Research	‑	‑	‑
	876,938	24,333	901,271

Continued

Summary

Supplementary Appropriation (bold figures)—2007‑2008

Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)—2007‑2008

Departmental	Administered
Portfolio	Outputs	Expenses	Total
$'000	$'000	$'000
Prime Minister and Cabinet	‑	‑	‑
	310,918	10,166	321,084
Resources, Energy and Tourism	‑	‑	‑
	280,865	34,065	314,930
Treasury	‑	‑	‑
	3,724,577	11,316	3,735,893
Total:	28,631	478,274	506,905
41,849,814	20,074,371	61,924,185

Agriculture, Fisheries and Forestry PORTFOLIO

Summary

Supplementary Appropriation (bold figures)—2007‑2008

Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)—2007‑2008

Departmental	Administered
Entity	Outputs	Expenses	Total
$'000	$'000	$'000
Department of Agriculture, Fisheries and Forestry	28,631	478,274	506,905
338,805	392,012	730,817
Australian Pesticides and Veterinary Medicines Authority	‑	‑	‑
	630	‑	630
Biosecurity Australia	‑	‑	‑
21,222	‑	21,222
Total: Agriculture, Fisheries and Forestry	28,631	478,274	506,905
360,657	392,012	752,669

AGRICULTURE, FISHERIES AND FORESTRY PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007

Departmental	Administered
Outputs	Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Outcome 1 ‑
More sustainable, competitive and profitable Australian agricultural, food, fisheries and forestry industries	28,631	478,274	506,905
	338,805	392,012	730,817
	347,128	577,860	924,988
Total: Department of Agriculture, Fisheries and Forestry		28,631	478,274	506,905

[Minister’s second reading speech made in—

House of Representatives on 13 February 2008

Senate on 14 February 2008]

(16/08)