Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012-2013 (Cth)
| Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013 No. 163, 2012 An Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to implementation of the Report of the Expert Panel on Asylum Seekers, and for related purposes Contents Part 1—Preliminary 2 1............ Short title............................................................................................. 2 2............ Commencement................................................................................... 2 3............ Definitions.......................................................................................... 2 4............ Portfolio Statements............................................................................ 3 5............ Notional payments, receipts etc........................................................... 3 Part 2—Appropriation items 5 6............ Summary of appropriations................................................................. 5 7............ Departmental items.............................................................................. 5 8............ Administered items............................................................................. 5 Part 3—Adjusting appropriation items 6 9............ Reducing departmental items............................................................... 6 10.......... Reducing administered items............................................................... 6 Part 4—Miscellaneous 8 11.......... Crediting amounts to Special Accounts............................................... 8 12.......... Appropriation of the Consolidated Revenue Fund.............................. 8 Schedule 1—Services for which money is appropriated 9 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012-2013 No. 163, 2012 An Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to implementation of the Report of the Expert Panel on Asylum Seekers, and for related purposes [Assented to 28 November 2012] The Parliament of Australia enacts: Part 1—Preliminary 1 Short title This Act may be cited as the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013. 2 Commencement This Act commences on the day this Act receives the Royal Assent. 3 Definitions In this Act: administered item means an amount set out in Schedule 1 opposite an outcome for an Agency under the heading “Administered”. Agency means: (a) an Agency within the meaning of the Financial Management and Accountability Act 1997; or (b) the High Court of Australia. 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 2013. departmental item means the total amount set out in Schedule 1 in relation to an Agency under the heading “Departmental”. Note: The amounts set out opposite outcomes, under the heading “Departmental”, 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 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) 2012‑2013 and the Bill for the Appropriation Act (No. 2) 2012‑2013. Portfolio Statements means: (a) the Portfolio Budget Statements; and (b) the Portfolio Supplementary Estimates Statements. 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 (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012‑2013. Special Account has the same meaning as in the Financial Management and Accountability Act 1997. 4 Portfolio 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. 5 Notional 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 2—Appropriation items 6 Summary of appropriations The total of the items specified in Schedule 1 is $1,407,002,000. Note 1: Items in Schedule 1 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. 7 Departmental 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. 8 Administered items (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) 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. Part 3—Adjusting appropriation items 9 Reducing departmental items (1) A written request to reduce a departmental item for an Agency may be made to the Finance Minister by: (a) the Prime Minister or a Minister acting on behalf of the Prime Minister; or (b) the Minister who is responsible for the Agency; or (c) if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency. (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) 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) The item is taken to be reduced in accordance with the determination. (5) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied. (6) A request made under subsection (1) is not a legislative instrument. (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. 10 Reducing administered items (1) If: (a) an annual report for an Agency for the current year is tabled in the Parliament; and (b) the report specifies the amount required by the Agency in respect of an administered item for the Agency; and (c) the required amount is less than the amount of the item; the item is taken to be reduced to the required amount. (2) The Finance Minister may, by writing: (a) determine that subsection (1): (i) does not apply in relation to the item; or (ii) applies as if the amount specified in the annual report were the amount specified in the determination; or (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) 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 4—Miscellaneous 11 Crediting 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. 12 Appropriation 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 1—Services for which money is appropriated Note: See sections 6 and 12.
[Minister’s second reading speech made in—
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