Appropriation (Nation Building and Jobs) Act (No. 1) 2008-2009 (Cth)

Appropriation (Nation Building and Jobs) Act (No. 1) 2008‑2009

No. 1, 2009

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to nation building and jobs, and for related purposes

Contents

Appropriation (Nation Building and Jobs) Act (No. 1) 2008-2009

No. 1, 2009

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to nation building and jobs, and for related purposes

[Assented to 18 February 2009]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation (Nation Building and Jobs) 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 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) 2008‑2009 and the Bill for the Appropriation Act (No. 4) 2008‑2009.

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 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 (Nation Building and Jobs) 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 the Appropriation (Economic Security Strategy) Act (No. 1) 2008‑2009 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, 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.

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 $89,000,000.

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, 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.

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
14	Environment, Water, Heritage and the Arts	39,000
16	Treasury	50,000
Total	89,000

APPROPRIATIONS

Summary Additional Appropriation (bold figures)—2008‑2009 Budget and Supplementary 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	‑	‑	‑
	19,790,819	133,228	19,924,047
Education, Employment and Workplace Relations	‑	‑	‑
	2,163,107	4,786,063	6,949,170
Environment, Water, Heritage and the Arts	‑	39,000	39,000
	743,521	1,966,860	2,710,381
Families, Housing, Community Services and Indigenous Affairs	‑	‑	‑
	1,533,195	1,765,063	3,298,258
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	5,262,698	5,904,696
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	38,500	11,500	50,000
	3,786,552	8,434	3,794,986
Total: Bill 1	38,500	50,500	89,000
38,206,901	22,814,401	61,021,302

Environment, Water, Heritage and the Arts PORTFOLIO Summary Additional Appropriation (bold figures)—2008‑2009 Budget and Supplementary Appropriation (italic figures)—2008‑2009
Entity	Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
Department of the Environment, Water, Heritage and the Arts	39,000	39,000
	469,866	1,562,396	2,032,262
Payments to CAC Act bodies:
Australia Council	‑	‑
160,640	160,640
Australian Film, Television and Radio School	‑	‑
23,301	23,301
Australian National Maritime Museum	‑	‑
23,069	23,069
National Film and Sound Archive	‑	‑
25,172	25,172
National Gallery of Australia	‑	‑
41,796	41,796
National Library of Australia	‑	‑
57,680	57,680
National Museum of Australia	‑	‑
40,275	40,275
Screen Australia	‑	‑
31,389	31,389
Sydney Harbour Federation Trust	‑	‑
24	24
Bureau of Meteorology	‑	‑	‑
	244,804	‑	244,804
Great Barrier Reef Marine Park Authority	‑	‑	‑
	20,480	800	21,280
National Water Commission	‑	‑	‑
	8,371	318	8,689
Total:Environment, Water, Heritage and the Arts	‑	39,000	39,000
	743,521	1,966,860	2,710,381

Environment, Water, Heritage and the Arts PORTFOLIO Additional Appropriation (bold figures)—2008‑2009 Budget and Supplementary Appropriation (italic figures)—2008‑2009 Actual Available Appropriation (light figures)—2007‑2008
Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS
Outcome 1 ‑ The environment, especially those aspects that are matters of national environmental significance, is protected and conserved
	‑	39,000	39,000
	254,069	677,782	935,025
	271,269	702,841	974,110
Total:Department of the Environment, Water, Heritage and the Arts	‑	39,000	39,000

Treasury PORTFOLIO Summary Additional Appropriation (bold figures)—2008‑2009 Budget and Supplementary Appropriation (italic figures)—2008‑2009
Entity	Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
Department of the Treasury	‑	‑	‑
	146,446	5,000	151,446
Australian Bureau of Statistics	‑	‑	‑
	282,775	‑	282,775
Australian Competition and Consumer Commission	‑	‑	‑
	139,227	‑	139,227
Australian Office of Financial Management	‑	‑	‑
	8,467	10	8,477
Australian Prudential Regulation Authority	‑	‑	‑
	5,036	‑	5,036
Australian Securities and Investments Commission	‑	‑	‑
	298,963	3,424	302,387
Australian Taxation Office	38,500	11,500	50,000
	2,861,097	‑	2,861,097
Commonwealth Grants Commission	‑	‑	‑
	7,809	‑	7,809
Corporations and Markets Advisory Committee	‑	‑	‑
	1,031	‑	1,031
Inspector General of Taxation	‑	‑	‑
	2,167	‑	2,167
National Competition Council	‑	‑	‑
	2,781	‑	2,781
Office of the Auditing and Assurance Standards Board	‑	‑	‑
	‑	‑	‑
Office of the Australian Accounting Standards Board	‑	‑	‑
	‑	‑	‑
Productivity Commission	‑	‑	‑
	30,753	‑	30,753
Total:Treasury	38,500	11,500	50,000
	3,786,552	8,434	3,794,986

Treasury PORTFOLIO Additional Appropriation (bold figures)—2008‑2009 Budget and Supplementary Appropriation (italic figures)—2008‑2009 Actual Available Appropriation (light figures)—2007‑2008
Departmental Outputs	Administered Expenses	Total
$'000	$'000	$'000
AUSTRALIAN TAXATION OFFICE
Outcome 1 ‑ Effectively managed and shaped systems that support and fund services for Australians and give effect to social and economic policy through the tax, superannuation, excise and other related systems
	38,500	11,500	50,000
	2,861,097 2,798,805	‑ 1,100	2,861,097 2,799,905
Total:Australian Taxation Office	38,500	11,500	50,000

[Minister’s second reading speech made in—

House of Representatives on 12 February 2009

Senate on 13 February 2009]

(17/09)