Appropriation (Parliamentary Departments) Act 1997-98 (Cth)

Appropriation (Parliamentary

Departments) Act 1997‑98

No. 88, 1997

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 1998, and for related purposes

Contents

Part 1 — General		1
1	Short title..................................................................................................	1
2	Commencement........................................................................................	1
3	Issue and application of $ 138 450 000.......................................................	1
4	Running Costs..........................................................................................	2
5	Additional appropriation in respect of increases in salaries..........................	2
6	Net annotated appropriations.....................................................................	3
7	Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs.................................................	5
8	Advances to President, Speaker or President and Speaker............................	6
9	Accounting errors etc. may be corrected after close of financial year............	7
Part 2 — Special application of Act		8
10	Definition....................................................................................................................................	8
11	Application of Part....................................................................................	8
12	Act to have effect subject to modifications.................................................	8
13	Insertion of definition...............................................................................	8
14	Modification relating to net annotated appropriations..................................	9
15	Modifications relating to payments to Departments out of money appropriated for certain purposes...................................................................................................	9
16	Modification relating to the appropriation of certain amounts......................	10
17	Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year............................................................................................	10
Schedule — Services for which money is appropriated		13

Appropriation (Parliamentary

Departments) Act 1997‑98

No. 88, 1997

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 1998, and for related purposes

[Assented to 30 June 1997]

The Parliament of Australia enacts:

Part 1—General

1 Short title

This Act may be cited as the Appropriation (Parliamentary Departments) Act 1997‑98.

2Commencement

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

3Issue and application of $ 138 450 000

(1) Subject to section 4, 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 1998, the sum of $138 450 000.

Part 1 General

Section 3

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

4Running Costs

If any running costs referred to in a subdivision or Division in the Schedule include payments of remuneration or 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;

the Minister must issue out of the Consolidated Revenue Fund the amounts necessary to meet those payments and apply them for that purpose.

Note: The amounts required to be issued and applied by this section are included in the sum appropriated by section 3.

5Additional appropriation in respect of increases in salaries

(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 1998 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 theyear ending on 30 June 1998 under a law, or an award, order or determination made under a law.

Part 1 General

Section 5

1. (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 on ending 30 June 1998 under a law, or an award, order or determination made under a law.

2. (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 on 30 June 1998 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.

(6)

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

1. (7)

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

(8)

In this section:

President means the President of the Senate.

Speaker means the Speaker of the House of Representatives.

6 Net annotated appropriations

(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 6”, the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any

Part 1 General

Section 6

money received by the Parliamentary Department for which the appropriation is made:

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

1. (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

1. (c)

   from the provision of services; or

   (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; or

   (e) from the sub‑leasing of real property, or the resale of goods used in fitting out premises, under a property resource agreement between the Minister and the Presiding Officer or Presiding Officers responsible for that Department;

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.

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

1. (a)

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

1. (b)

   the provision of services; or

2. (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.

Part 1 General

Section 7

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

(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 (1), 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 9(1) of the Appropriation Act (No. 1) 1997‑98, to be an approved employment subsidy scheme or program for the purposes of that Act.

Part 1 General

Section 7

approved payment means a payment (out of money appropriated for an approved employment subsidy scheme or program) declared by the Minister, under subsection 9(2) of the Appropriation Act (No. 1) 1997‑98, to be an approved payment for the purposes of that Act.

8 Advances to President, Speaker or President and Speaker

1. (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 1998, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for the year under the head “Advance to the President of the Senate”.

2. (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 on 30 June 1998, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for the 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 my 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 1998, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for the year under the head “Joint Advance to the President and the Speaker”.

Part 1 General

Section 9

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

Despite section 36 of the Audit Act 1901,the Minister may take action after 30 June 1998:

1. (a)

   to correct errors or mispostings in the official accounting records of the Commonwealth for the year ending on that day; 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.

Note: Section 36 of the Audit Act 1901 provides that (except in a particular case provided for in that section) every appropriation out of the Consolidated Revenue Fund for the service of a financial year lapses and ceases to have effect at the end of that year (the unspent balance of any appropriated amount lapsing) and that the accounts of the year are then closed.

Part 2 Special application of Act

Section 10

Part 2 — Special application of Act

10Definition

In this Part:

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

1. (a)

   the Financial Management and Accountability Act 1997; or

2. (b)

   the Financial Management and Accountability Act 1998.

11Application of Part

This Part applies if the Financial Management and Accountability Act commences before 1 July 1998.

12Act to have effect subject to modifications

This Act has effect after the commencement of the Financial Management and Accountability Act subject to the modifications set out in the following sections.

13Insertion of definition

After section 2 the following section is inserted:

2A Definition

In this Part:

Financial Management and Accountability Act means:

1. (a)

   the Financial Management and Accountability Act 1997;or

2. (b)

   the Financial Management and Accountability Act 1998;

whichever is in force.

Part 2 Special application of Act

Section 14

14Modification relating to net annotated appropriations

Section 6 is repealed and the following section is substituted:

6 Net annotated appropriations

If:

1. (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 6”; and

2. (b)

   there is in force an agreement (entered into under the Financial Management and 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.

15Modifications relating to payments to Departments out of money appropriated for certain purposes

Section 7 is modified:

(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”;

Part 2 Special application of Act

Section 15

(b) by repealing subsection (2).

16 Modification relating to the appropriation of certain amounts

After section 7 the following section is inserted:

7A Certain amounts taken to be appropriated

If an item, subdivision or Division in the Schedule specifies 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 1998 are taken to have been appropriated for the purpose or services referred to in that item, subdivision or Division; and

2. (b)

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

17 Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year

Section 9 is repealed and the following section is substituted:

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

1. (1)

   An amount appropriated under section 3 may not be debited from the Consolidated Revenue Fund after 30 June 1998.

2. (2)

   Subsection (1) does not prevent the Minister from taking action after 30 June 1998:

   (a) to correct errors or mispostings in the financial accounting records of the Commonwealth for the year ending on that day; or

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

Part 2 Special application of Act

Section 17

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.

Services for which money is appropriated

Schedule

Schedule — Services for which money is appropriated

Note: See section 3

Abstract

Page Reference	Departments and Services	Total
$
16	Senate....................................................................................................................	25 687 000
16	Advance to the President of the Senate...........................................................	300 000
17	Provision for Running Costs Borrowings........................................................	200 000
18	House of Representatives..................................................................................	24 227 000
18	Advance to the Speaker of the House of Representatives...........................	300 000
19	Provision for Running Costs Borrowings........................................................	200 000
20	Parliamentary Reporting Staff..........................................................................	33 331 000
20	Parliamentary Library........................................................................................	15 284 000
20	Joint House Department....................................................................................	37 721 000
21	Joint Advance to the President and the Speaker............................................	1 000 000
22	Provision for Running Costs Borrowings........................................................	200 000
Total....................................................................................................................	138 450 000

Schedule

Schedule

SUMMARY

Appropriation — 1997‑98, Heavy figures

Estimated Expenditure — 1996‑97, Light figures

Division		Running Costs	Other Services	Total
$	$	$
101	Senate..........................................................................................	25 301 000	386 000	25 687 000
22 459 000	415 000	22 874 000
104	House of Representatives........................................................	23 826 000	401 000	24 227 000
22 769 000	452 000	23 221 000
107	Parliamentary Reporting Staff................................................	30 144 000	3 187 000	33 331 000
30 283 000	3 155 000	33 438 000
108	Parliamentary Library..............................................................	15 284 000	—	15 284 000
15 090 000	—	15 090 000
109	Joint House Department..........................................................	35 122 000	2 599 000	37 721 000
32 686 000	2 593 000	35 279 000
Total............................................................................................	129 677 000	6 573 000	136 250 000
123 287 000	6 615 000	129 902 000

Schedule

1997‑98	1996‑97
	Estimated Appropriation	Estimated Expenditure
$	$	$
Division 101.—SENATE
1.— Running Costs (net appropriation — see section 6) (see also section 7)................................................................................	25 301 000	23 966 000	22 459 000
2.— Other Services
01. Citizenship visits program......................................................	386 000	414 000	414 000
Payments under subsection 34A(1) of the Audit Act 1901.	—	6 000	1 000
386 000	420 000	415 000
Total: Senate...........................................................................	25 687 000	24 386 000	22 874 000
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 1998 in relation to the Senate.....................................................................

300 000	300 000	*
* Estimated expenditure in 1996‑97 from the Advance to the President of the Senate is shown under the appropriation to which it has been or will be charged.

Schedule

1997‑98	1996‑97
	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	200 000	200 000	*
* Estimated expenditure in 1996‑97 from the Provision for Running Costs Borrowings to the President of the Senate is shown under the appropriation to which it has been or will be charged.

Schedule

1997‑98	1996‑97
	Estimated Appropriation	Estimated Expenditure
Division 104.— HOUSE OF REPRESENTATIVES	$	$	$
1.— Running Costs (net appropriation — see section 6) (see also section 7)................................................................................	23 826 000	22 914 000	22 769 000
2.— Other Services
01. Citizenship visits program.........................................................	386 000	414 000	414 000
02. Compensation and legal expenses............................................	15 000	35 000	35 000
Payments under subsection 34A(1) of the Audit Act 1901.	—	3 000	3000
401 000	452 000	452 000
Total: House of Representatives............................................	24 227 000	23 366 000	23 221 000
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 1998 in relation to the House of Representatives....................................	300 000	300 000	*
* Estimated expenditure in 1996‑97 from the Advance to the Speaker of the House of Representatives is shown under the appropriation to which it has been or will be charged.

Schedule

1997‑98	1996‑97
	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	200 000	200 000	*
* Estimated expenditure in 1996‑97 from the Provision for Running Costs Borrowings to the Speaker of the House of Representatives is shown under the appropriation to which it has been or will be charged.

Schedule

1997‑98	1996‑97
	Estimated Appropriation	Estimated Expenditure
$	$	$
Division 107.— PARLIAMENTARY REPORTING STAFF
1.— Running Costs (net appropriation — see section 6) (see also section 7)................................................................................	30 144 000	30 900 000	30 283 000
2.— Capital expenditure.................................................................	3 187 000	3 155 000	3 155 000
Total: Parliamentary Reporting Staff.............................	33 331 000	34 055 000	33 438 000
Division 108.— PARLIAMENTARY LIBRARY
1.— Running Costs (net appropriation — see section 6) (see also section 7)................................................................................	15 284 000	15 385 000	15 090 000
Total: Parliamentary Library...........................................	15 284 000	15 385 000	15 090 000
Division 109.— JOINT HOUSE DEPARTMENT
1.— Running Costs (net appropriation — see section 6) (see also section 7)................................................................................	35 122 000	39 263 000	32 686 000
2.— Capital expenditure.................................................................	2 599 000	2 573 000	2 573 000
Other Services
Compensation and legal expenses.........................................	—	20 000	20 000
Total: Joint House Department.........................................	37 721 000	41 856 000	35 279 000

Schedule

1997‑98	1996‑97
	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 1998 in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department …	1 000 000	1 000 000	*
* Estimated expenditure in 1996‑97 from the Joint Advance to the President and the Speaker is shown under the appropriation to which it has been or will be charged.

Schedule

1997‑98	1996‑97
	Appropriation	Estimated Expenditure
$	$	$
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 1996‑97 from the Provision for Running Costs Borrowings to the President and the Speaker is shown under the appropriation to which it has been or will be charged.

[Minister’s second reading speech made in—

House of Representatives on 13 May 1997

Senate on 19 June 1997]

(59/97)

89056 Cat. No. 96 9365 3 ISBN 0644 506520

Printed by Authority by the Commonwealth Government Printer (59/97)