Appropriation (Parliamentary Departments) Act 1995-96 (Cth)

Appropriation (Parliamentary Departments) Act 1995‑96

No. 62 of 1995

An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure in relation to the Parliamentary Departments in respect of the year ending on 30 June 1996, and for related purposes

[Assented to 29 June 1995]

The Parliament of Australia enacts:

PART 1 ‑ GENERAL

Short title

1. This Act may be cited as the Appropriation (Parliamentary Departments) Act 1995‑96.

Commencement

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

Issue and application of $ 144 464 000

3.(1) The Minister may issue out of the Consolidated Revenue Fund and apply for the services specified in the Schedule, in respect of the year ending on 30 June 1996, the sum of $ 144 464 000.

74481 Cat. No. 95 5231 6 ISBN 0644 436670

(2) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).

Additional appropriation in respect of increases in salaries

4. (1) In addition to the sum referred to in section 3, the Minister may issue out of the Consolidated Revenue Fund for the service of the year ending on 30 June 1996 amounts not exceeding the amounts determined by the President, by the Speaker, or by the President and the Speaker, in accordance with subsection (2), (3) or (4), as the case may be.

(2)

For the purposes of subsection (1), the President may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 101 in the Schedule as become payable, or commence to be paid, during the year ending 30 June 1996 under a law, or an award, order or determination made under a law.

(3)

For the purposes of subsection (1), the Speaker may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 104 in the Schedule as become payable, or commence to be paid, during the year ending 30 June 1996 under a law, or an award, order or determination made under a law.

(4)

For the purposes of subsection (1), the President and the Speaker may jointly determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 107, subdivision 1 of Division 108, or subdivision 1 of Division 109, in the Schedule as become payable, or commence to be paid, during the year ending 30 June 1996 under a law, or an award, order or determination made under a law.

(5)

Amounts issued under subsection (1) may be applied only for the purpose of expenditure in respect of increases referred to in subsection (2), (3) or (4) in salaries and in payments in the nature of salary.

1. (6)

   The Minister must report the amounts so issued to the Parliament.

(7) The Consolidated Revenue Fund is appropriated as necessary for the purposes of this section.

Net annotated appropriations

5. (1) If the description of the purpose of an appropriation set out in an item, subdivision or Division in the Schedule includes the words "(net appropriation — see section 5)", the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received:

1. (a)

   from the sale, leasing or hiring out of, or any other dealing with, goods or personal property; or

2. (b)

   from the sale of real property used for the purpose of providing staff residential accommodation or from the leasing of real property for that purpose; or

(c)

from the provision of services; or

1. (d)

   from a person ("employee") appointed or employed by, or performing services for, the Commonwealth as payment for any benefit provided (whether to the employee or another person) in respect of the appointment or employment of, or the services performed by, the employee;

may be credited to that item, subdivision or Division, to the extent and on the conditions agreed between the Minister and the Presiding Officer or Presiding Officers responsible for the Department for which the appropriation is made.

(2) If the Consolidated Revenue Fund is credited with an amount purported to have been paid in respect of:

(a)

a sale, or other transaction, referred to in paragraph (1)(a) or (b); or

(b)

the provision of services; or

(c)

any benefit referred to in paragraph (1)(d);

that amount is taken, for the purposes of subsection (1), to be money received from that sale or other transaction, from the provision of those services or as payment for that benefit (as the case may be), whether or not money has in fact been received in payment of that amount.

Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs

6. (1) If:

1. (a)

   a payment (whether real or notional) is made to a Parliamentary Department out of money appropriated for the purposes of an approved employment subsidy scheme or program; and

1. (b)

   the payment is an approved payment; and

   1. (c)

      an item, subdivision or Division in the Schedule appropriates money to that Department for running costs;

the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Department by way of such a payment may be credited to that item, subdivision or Division.

(2) If:

1. (a)

   the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Parliamentary Department; and

1. (b)

   that payment is an approved payment;

that amount is taken, for the purposes of subsection (5), to be money received by the Department by way of such a payment, whether or not money has in fact been received in respect of the payment.

(3) In this section:

"approved employment subsidy scheme or program" means an employment subsidy scheme or program determined by the Minister, under subsection 8(1) of the Appropriation Act (No. 1) 1995‑96, to be an approved employment subsidy scheme or program for the purposes of that Act;

"approved payment" means a payment (out of money appropriated for an approved employment subsidy scheme or program) declared by the Minister, under subsection 8(2) of the Appropriation Act (No. 1) 1995‑96, to be an approved payment for the purposes of that Act.

Advances to President, Speaker or President and Speaker

7.(1) Expenditure in relation to the Senate in excess of specific appropriation may be charged to any subdivision of Division 101 in the Schedule as the President directs but the total expenditure so charged in the year ending on 30 June 1996, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Advance to the President of the Senate".

(2)

Expenditure in relation to the House of Representatives in excess of specific appropriation may be charged to any subdivision of Division 104 in the Schedule as the Speaker directs but the total expenditure so charged in the year ending 30 June 1996, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Advance to the Speaker of the House of Representatives".

(3)

Expenditure in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department in excess of specific appropriation may be charged to any subdivision of Division 107, 108 or 109 in the Schedule as the President and the Speaker both direct but the total expenditure so charged in the year ending 30 June 1996, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Joint Advance to the President and the Speaker".

Accounting errors etc. may be corrected after close of financial year

8. The fact that the appropriation of an amount under this Act ceases (because of section 36 of the Audit Act 1901) to have effect at the end of 30 June 1996 does not prevent the Minister from taking action after that day:

1. (a)

   to correct errors or mispostings in the official accounting records of the Commonwealth; or

2. (b)

   to balance the Consolidated Revenue Fund, the Trust Fund or the Loan Fund;

if the action does not result in an amount being debited from one of those Funds otherwise than for the purpose of being credited to another of those Funds.

PART 2 ‑ SPECIAL APPLICATION OF ACT

Definitions

9. In this Part:

"Financial Management and Accountability Act" means the Act to be cited as:

1. (a)

   the Financial Management and Accountability Act 1995; or

2. (b)

   the Financial Management and Accountability Act 1996.

Application of Part

10. This Part applies if the Financial Management and Accountability Act commences before 30 June 1996.

Act to have effect subject to modifications

11. (1) This Act has effect after the commencement of the Financial Management and Accountability Act subject to the modifications set out in the following subsections.

(2) After section 2 the following section is inserted:

Interpretation

"2A. In this Part:

'Financial Management and Accountability Act' means:

(a) the Financial Management and Accountability Act 1995; or

(b) the Financial Management and Accountability Act 1996;

whichever is in force.".

(3) Section 5 is omitted and the following section is substituted:

Net annotated appropriations

"5. If:

(a) the description of the purpose of an appropriation set out in an item, subdivision or Division in the Schedule includes the words "net appropriation — see section 5"; and

(b) there is in force an agreement (entered into under section 31 of the Financial Management Accountability Act) between:

(i) the Minister; and

(ii) the Presiding Officer or Presiding Officers responsible for the Parliamentary Department for which the appropriation is made;

to the effect that payments to the Commonwealth in consideration for any service, benefit, activity, transaction or other matter specified in the agreement can be added to the amount appropriated to the Department under the item, subdivision or Division, to the extent and on the conditions set out in the agreement;

the item, subdivision or Division is taken to specify that those payments (whether real or notional) may be credited to the item, subdivision or Division to the extent and on the conditions set out in the agreement.".

(4) Section 6 is modified:

1. (a)

   by omitting from subsection (1) all the words from and including "the Schedule" (second occuring) and substituting "the item, subdivision or Division is taken to specify that the payment may be credited to the item, subdivision or Division";

(b)

by omitting subsection (2).

(5) After section 6 the following section is inserted:

Certain amounts taken to be appropriated

"6A. If an item, subdivision or Division in the Schedule specifies, or is taken to specify, that payments (whether the word "payments" or "money" or any other word is used) of a certain description may be credited to the item, subdivision or Division:

1. (a)

   amounts equal to payments (whether real or notional) of that description credited to the Consolidated Revenue Fund during the financial year ending on 30 June 1996 are taken to have been appropriated for the purpose or services referred to in that item, subdivision or Division; and

(b)

the Minister is authorised to issue and apply those amounts accordingly.".

(6) Section 8 is omitted and the following section is substituted:

Consolidated Revenue Fund not to be debited after close of financial year

"8. (1) An amount appropriated under section 3 or 4 may not be debited from the Consolidated Revenue Fund after 30 June 1996.

(2) Subsection (1) does not prevent the Minister from taking action after 30 June 1996:

1. (a)

   to correct errors or mispostings in the financial accounting records of the Commonwealth; or

2. (b)

   to balance the Funds (within the meaning of the Financial Management and Accountability Act);

if the action does not result in an amount being debited from a Fund otherwise than for the purpose of being credited to another Fund.".

(7) Item 3 of subdivision 2 of Division 102 in the Schedule is modified by adding at the end "or under section 33(1) of the Financial Management and Accountability Act".

SCHEDULE Section 3

ABSTRACT

Page Reference	Departments and Services	Total
$
10	Senate......................................................................................................................................	23 148 000
10	Advance to the President of the Senate.............................................................................	300 000
11	Provision for Running Costs Borrowings..........................................................................	50 000
12	House of Representatives....................................................................................................	23 786 000
12	Advance to the Speaker of the House of Representatives.............................................	300 000
13	Provision for Running Costs Borrowings..........................................................................	50 000
14	Parliamentary Reporting Staff............................................................................................	39 696 000
14	Parliamentary Library..........................................................................................................	15 924 000
14	Joint House Department......................................................................................................	40 010 000
15	Joint Advance to the President and the Speaker..............................................................	1 000 000
15	Provision for Running Costs Borrowings..........................................................................	200 000
Total.................................................................................................................................	144 464 000

SUMMARY

Appropriation — 1995‑96, Heavy figures

Estimated Expenditure — 1994‑95, Light figures

Division	Running Costs	Other Services	Total
$	$	$
101	Senate..............................................................................	22 698 000	450 000	23 148 000
22 162 000	457 000	22 619 000
104	House of Representatives............................................	23 342 000	444 000	23 786 000
21 633 000	430 000	22 063 000
107	Parliamentary Reporting Staff....................................	32 124 000	7 572 000	39 696 000
32 913 000	—	32 913 000
108	Parliamentary Library..................................................	15 924 000	—	15 924 000
14 142 000	5 000	14 147 000
109	Joint House Department..............................................	37 462 000	2 548 000	40 010 000
36 395 000	2 866 000	39 261 000
Total................................................................................	131 550 000	11 014 000	142 564 000
127 245 000	3 758 000	131 003 000

SCHEDULE — continued

1995‑96	1994‑95
	Estimated Appropriation	Estimated Expenditure
$	$	$
Division 101.— SENATE
1.— Running Costs (net appropriation — see section 5) (see also section 6).............................................................................	22 698 000	22 548 000	22 162 000
2.— Other Services
01. Citizenship visits program....................................................	444 000	450 000	450 000
02. Payments under subsection 34A(1) of the Audit Act 1901.	6 000	6 000	6 000
Compensation and legal expenses.......................................	—	1 000	1 000
450 000	457 000	457 000
Total: Senate........................................................................	23 148 000	23 005 000	22 619 000
ADVANCE TO THE PRESIDENT OF THE SENATE
Division 102.— ADVANCE TO THE PRESIDENT OF THE SENATE
To enable the President of the Senate to make money available for expenditure:
(a) that the President of the Senate is satisfied is expenditure that is urgently required and:
(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or
(ii) was erroneously omitted from, or understated in, the Bill for this Act; and
(b) particulars of which will afterwards be submitted to the Parliament;
being expenditure for the service of the year ending on 30 June 1996 in relation to the Senate...................................................................	300 000	300 000	*
* Estimated expenditure in 1994‑95 from the Advance to the President of the Senate is shown under the appropriation to which it will be charged.

SCHEDULE — continued

1995‑96	1994‑95
	Estimated Appropriation	Estimated Expenditure
$	$	$
PROVISION FOR RUNNING COSTS BORROWINGS
Division 103.— PROVISION FOR RUNNING COSTS BORROWINGS
To enable the President to make money available for expenditure:
(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and
(b) particulars of which will afterwards be submitted to the Parliament	50 000	50 000	*
* Estimated expenditure in 1994‑95 from the Provision for Running Costa Borrowings to the President of the Senate is shown under the appropriation to which it will be charged.

SCHEDULE — continued

1995‑96	1994‑95
	Estimated Appropriation	Estimated Expenditure
$	$	$
Division 104.— HOUSE OF REPRESENTATIVES
1.— Running Costs (net appropriation — see section 5) (see also section 6).................................................................................................	23 342 000	22 876 000	21 633 000
2.— Other Services
01. Citizenship visits program.....................................................	444 000	450 000	430 000
Total: House of Representatives...................................	23 786 000	23 326 000	22 063 000
ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
Division 105.— ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
To enable the Speaker of the House of Representatives to make money available for expenditure:
(a) that the Speaker of the House of Representatives is satisfied is expenditure that is urgently required and:
(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or
(ii) was erroneously omitted from, or understated in, the Bill for this Act; and
(b) particulars of which will afterwards be submitted to the Parliament;
being expenditure for the service of the year ending on 30 June 1996 in relation to the House of Representatives................................	300 000	300 000	*
* Estimated expenditure in 1994‑95 from the Advance to the Speaker of the House of Representatives is shown under the appropriation to which it will be charged.

SCHEDULE — continued

1995‑96	1994‑95
	Estimated Appropriation	Estimated Expenditure
PROVISION FOR RUNNING COSTS BORROWINGS	$	$	$
Division 106.— PROVISION FOR RUNNING COSTS BORROWINGS
To enable the Speaker of the House of Representatives to make money available for expenditure:
(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and
(b) particulars of which will afterwards be submitted to the Parliament................................................................................................	50 000	50 000	*
* Estimated expenditure in 1994‑95 from the Provision for Running Costs Borrowings to the Speaker of the House of Representatives is shown under the appropriation to which it will be charged.

SCHEDULE — continued

1995‑96	1994‑95
	Estimated Appropriation	Estimated Expenditure

$	$	$
Division 107.— PARLIAMENTARY REPORTING STAFF
1.— Running Costs (net appropriation — see section 5) (see also section 6).........................................................................	32 124 000	34 241 000	32 913 000
2.— Capital expenditure..........................................................	7 572 000	—	—
Total: Parliamentary Reporting Staff......................	39 696 000	34 241 000	32 913 000
Division 108.— PARLIAMENTARY LIBRARY
1.— Running Costs (net appropriation — see section 5) (see also section 6).........................................................................	15 924 000	15 210 000	14 142 000
Other Services
Compensation and legal expenses...................................	—	5 000	5 000
Total: Parliamentary Library.....................................	15 924 000	15 215 000	14 147 000
Division 109.— JOINT HOUSE DEPARTMENT
1.— Running Costs (net appropriation — see section 5) (see also section 6).........................................................................	37 462 000	36 623 000	36 395 000
2.— Capital expenditure..........................................................	2 548 000	2 933 000	2 866 000
Total: Joint House Department...................................	40 010 000	39 556 000	39 261 000

SCHEDULE — continued

1995‑96	1994‑95
	Estimated Appropriation	Estimated Expenditure
JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER	$	$	$
Division 110.— JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER
To enable the President and the Speaker to make money available for expenditure:
(a) that both the President and the Speaker are satisfied is expenditure that is urgently required and:
(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or
(ii) was erroneously omitted from, or understated in, the Bill for this Act; and
(b) particulars of which will afterwards be submitted to the Parliament;
being expenditure for the service of the year ending on 30 June 1996 in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department..................................................	1 000 000	1 000 000	*
* Estimated expenditure in 1994‑95 from the Joint Advance to the President and the Speaker is shown under the appropriation to which it will be charged.
PROVISION FOR RUNNING COSTS BORROWINGS
Division 111.— PROVISION FOR RUNNING COSTS BORROWINGS
To enable the President and the Speaker to make money available for expenditure:
(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and
(b) particulars of which will afterwards be submitted to the Parliament................................................................................................	200 000	200 000	*
* Estimated expenditure in 1994‑95 from the Provision for Running Costs Borrowings to the President and the Speaker is shown under the appropriation to which it will be charged.

[Minister's second reading speech made in—

House of Representatives on 9 May 1995

Senate on 7 June 1995]

Printed by Authority by the Commonwealth Government Printer (64/95)‑1