Appropriation (Economic Security Strategy) Act (No. 1) 2008-2009 (Cth)

Appropriation (Economic Security Strategy) Act (No. 1) 2008‑2009

No. 132, 2008

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to the Economic Security Strategy, and for related purposes

Contents

Appropriation (Economic Security Strategy) Act (No. 1) 2008-2009

No. 132, 2008

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to the Economic Security Strategy, and for related purposes

[Assented to 1 December 2008]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation (Economic Security Strategy) Act (No. 1) 2008‑2009.

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 for an Agency 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.

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 total amount set out in Schedule 1 in relation to a CAC Act body under the heading “Administered Expenses”.

Note: The amounts set out opposite outcomes for CAC Act bodies, under the heading “Administered Expenses”, 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.

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 2009.

departmental item means the total amount set out in Schedule 1 in relation to an Agency 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.

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, a CAC Act body payment item or a departmental item.

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) 2008‑2009 and the Bill for the Appropriation Act (No. 2) 2008‑2009.

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 this Act and the Bill for the Appropriation (Economic Security Strategy) Act (No. 2) 2008‑2009.

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

4Portfolio Statements

The Portfolio Budget Statements and Portfolio Supplementary 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.

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 2Appropriation items 6Summary of appropriations

The total of the items specified in Schedule 1 is $146,054,000.

Note 1: Items in Schedule 1 can be adjusted under Part 3 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

The amount specified in a 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.

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 Budget Statements or Portfolio Supplementary 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.

9CAC 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 1 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 10Reducing departmental items

1. (1)

   A written request to reduce a departmental item for an Agency may be made to the Finance Minister by:

   1. (a)

      the Minister who is responsible for the Agency; or

   2. (b)

      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)

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

6. (6)

   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.

11Reducing 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 the Agency in respect of 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, determine that subsection (1):

   1. (a)

      does not apply in relation to the item; or

   2. (b)

      applies as if the amount specified in the annual report were the amount specified in the determination.

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.

12Reducing 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 Minister who is responsible for the body; or

   2. (b)

      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)

   Subsection 9(2) does not limit the reduction of a CAC Act body payment item under this section.

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.

Part 4Miscellaneous 13Crediting 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.

14Appropriation 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 14.

Abstract
Page Reference	Portfolio	Total
$'000
13	Defence	638
15	Education, Employment and Workplace Relations	117,300
17	Families, Housing, Community Services and Indigenous Affairs	28,116
Total	146,054

APPROPRIATIONS

Summary Supplementary Appropriation (bold figures)—2008‑2009 Budget Appropriation (italic figures)—2008‑2009
Portfolio	Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
Agriculture, Fisheries and Forestry	‑	‑	‑
	356,378	454,952	811,330
Attorney‑General’s	‑	‑	‑
	3,282,381	592,774	3,875,155
Broadband, Communications and the Digital Economy	‑	‑	‑
	196,702	1,258,649	1,455,351
Defence	638	‑	638
	19,790,181	133,228	19,923,409
Education, Employment and Workplace Relations	‑	117,300	117,300
	2,163,107	4,668,763	6,831,870
Environment, Water, Heritage and the Arts	‑	‑	‑
	743,521	1,971,617	2,715,138
Families, Housing, Community Services and Indigenous Affairs	16,566	11,550	28,116
	1,516,629	1,753,513	3,270,142
Finance and Deregulation	‑	‑	‑
	323,379	200,086	523,465
Foreign Affairs and Trade	‑	‑	‑
	1,348,773	3,175,632	4,524,405
Health and Ageing	‑	‑	‑
	641,998	5,262,139	5,904,137
Human Services	‑	‑	‑
	1,689,621	139,184	1,828,805
Immigration and Citizenship	‑	‑	‑
	1,224,795	483,808	1,708,603
Infrastructure, Transport, Regional Development and Local Government	‑	‑	‑
	229,964	486,634	716,598
Innovation, Industry, Science and Research	‑	‑	‑
	310,608	1,624,605	1,935,213
Prime Minister and Cabinet	‑	‑	‑
	377,263	42,770	420,033
Resources, Energy and Tourism	‑	‑	‑
	207,845	432,961	640,806
Treasury	‑	‑	‑
	3,786,552	8,434	3,794,986
Total: Bill 1	17,204	128,850	146,054
38,189,697	22,689,749	60,879,446

Defence PORTFOLIO Summary Supplementary Appropriation (bold figures)—2008‑2009 Budget Appropriation (italic figures)—2008‑2009
Entity	Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
Department of Defence	‑	‑	‑
	19,392,037	‑	19,392,037
Defence Materiel Organisation	‑	‑	‑
	94,960	‑	94,960
Department of Veterans’ Affairs	638	‑	638
	303,184	94,631	397,815
Payments to CAC Act bodies:
Australian War Memorial	‑	‑
38,597	38,597
Total:Defence	638	‑	638
	19,790,181	133,228	19,923,409

Defence PORTFOLIO Supplementary Appropriation (bold figures)—2008‑2009 Budget Appropriation (italic figures)—2008‑2009 Actual Available Appropriation (light figures)—2007‑2008
Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF VETERANS’ AFFAIRS
Outcome 1 ‑ Eligible persons (including veterans, serving and former defence force members, war widows and widowers, certain Australian Federal Police personnel with overseas service) and their dependants have access to appropriate income support and compensation in recognition of the effects of their service
	638	‑	638
	140,128	36,506	176,634
	144,317	42,927	187,244
Total:Department of Veterans’ Affairs	638	‑	638

Education, Employment and Workplace Relations PORTFOLIO Summary Supplementary Appropriation (bold figures)—2008‑2009 Budget Appropriation (italic figures)—2008‑2009
Entity	Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
Department of Education, Employment and Workplace Relations	‑	117,300	117,300
	1,883,693	4,662,991	6,546,684
Payments to CAC Act bodies:
Comcare	‑	‑
5,772	5,772
Australian Fair Pay Commission Secretariat	‑	‑	‑
	7,479	‑	7,479
Australian Industrial Registry	‑	‑	‑
	55,258	‑	55,258
Office of the Australian Building and Construction Commissioner	‑	‑	‑
	32,814	‑	32,814
Office of the Workplace Ombudsman	‑	‑	‑
	70,726	‑	70,726
Workplace Authority	‑	‑	‑
	113,137	‑	113,137
Total:Education, Employment and Workplace Relations	‑	117,300	117,300
	2,163,107	4,668,763	6,831,870

Education, Employment and Workplace Relations PORTFOLIO Supplementary Appropriation (bold figures)—2008‑2009 Budget Appropriation (italic figures)—2008‑2009 Actual Available Appropriation (light figures)—2007‑2008
Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Outcome 4 ‑ Vocational Education and Training ‑ Individuals achieve relevant skills from Vocational Education and Training which enhance employability and productivity
	‑	117,300	117,300
	99,963	1,432,098	1,532,061
	103,437	801,563	905,000
Total:Department of Education, Employment and Workplace Relations	‑	117,300	117,300

Families, Housing, Community Services and Indigenous Affairs PORTFOLIO Summary Supplementary Appropriation (bold figures)—2008‑2009 Budget Appropriation (italic figures)—2008‑2009
Entity	Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
Department of Families, Housing, Community Services and Indigenous Affairs	16,566	11,550	28,116
	1,513,691	1,629,453	3,143,144
Payments to CAC Act bodies:
Aboriginal Hostels Limited	‑	‑
34,281	34,281
Indigenous Business Australia	‑	‑
37,875	37,875
Torres Strait Regional Authority	‑	‑
51,904	51,904
Equal Opportunity for Women in the Workplace Agency	‑	‑	‑
	2,938	‑	2,938
Total:Families, Housing, Community Services and Indigenous Affairs	16,566	11,550	28,116
	1,516,629	1,753,513	3,270,142

Families, Housing, Community Services and Indigenous Affairs PORTFOLIO Supplementary Appropriation (bold figures)—2008‑2009 Budget Appropriation (italic figures)—2008‑2009 Actual Available Appropriation (light figures)—2007‑2008
Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
Outcome 2 ‑ 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
	8,467	2,726	11,193
	586,758	514,289	1,101,047
	558,024	447,768	1,005,792
Outcome 3 ‑ Families and children have choices and opportunities ‑ Services and assistance that: help children have the best possible start in life; promote healthy family relationships; help families adapt to changing economic and social circumstances; and assist families with the costs of children
	8,099	2,394	10,493
	538,420	165,110	703,530
	554,432	307,226	861,658
Outcome 4 ‑ Strong and resilient communities ‑ Services and assistance that: help homeless people and low‑income households to gain affordable and appropriate housing; promote community partnerships; and encourage participation in the local community by individuals, families, business and government
	‑	6,430	6,430
	116,173	178,632	294,805
	146,463	144,088	290,551
Total:Department of Families, Housing, Community Services and Indigenous Affairs	16,566	11,550	28,116

[Minister’s second reading speech made in—

House of Representatives on 11 November 2008

Senate on 24 November 2008]

(216/08)