Appropriation (Parliamentary Departments) Act (No. 1) 2003-2004 (Cth)

Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004

No. 57, 2003

An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

Contents

Appropriation (Parliamentary Departments) Act (No. 1) 2003-2004

No. 57, 2003

An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

[Assented to 30 June 2003]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004.

2Commencement

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

3Definitions

In this Act, unless the contrary intention appears:

administered assets and liabilities item means an amount set out in Schedule 1 in relation to a Parliamentary Department opposite the heading “Administered Assets and Liabilities”.

administered item means an amount set out in Schedule 1 opposite an outcome of a Parliamentary Department under the heading “Administered Expenses”.

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

Note: Each Parliamentary Department is an Agency for the purposes of the Financial Management and Accountability Act 1997.

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 2004.

departmental item means the total amount set out in Schedule 1 in relation to a Parliamentary Department 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 any of the following:

1. (a)

   a departmental item;

2. (b)

   an administered item;

3. (c)

   an administered assets and liabilities item;

4. (d)

   an other departmental item.

other departmental item means an amount set out in Schedule 1 in relation to a Parliamentary Department:

1. (a)

   opposite the heading “Equity Injections”; or

2. (b)

   opposite the heading “Loans”; or

3. (c)

   opposite the heading “Previous Years’ Outputs”.

Parliamentary Department means any of the following:

1. (a)

   the Department of the Senate;

2. (b)

   the Department of the House of Representatives;

3. (c)

   the Department of the Parliamentary Library;

4. (d)

   the Department of the Parliamentary Reporting Staff;

5. (e)

   the Joint House Department.

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 this Act.

President means the President of the Senate.

responsible Presiding Officer means:

1. (a)

   in relation to the Department of the Senate—the President; or

2. (b)

   in relation to the Department of the House of Representatives—the Speaker; or

3. (c)

   in relation to the Department of the Parliamentary Library—the President and the Speaker together; or

4. (d)

   in relation to the Department of the Parliamentary Reporting Staff—the President and the Speaker together; or

5. (e)

   in relation to the Joint House Department—the President and the Speaker together.

section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997.

Speaker means the Speaker of the House of Representatives.

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

4Portfolio Budget Statements

1. (1)

   The Portfolio Budget 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.

2. (2)

   If the Portfolio Budget 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.

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 2Basic appropriations 6Summary of basic appropriations

The total of the items specified in Schedule 1 is $167,279,000.

Note 1: Items in Schedule 1 can be increased under Part 3 of this Act.

Note 2: See also section 30A of the Financial Management and Accountability Act 1997, which provides for adjustment of appropriations to take account of GST.

7Departmental items – basic appropriation

1. (1)

   For a departmental item for a Parliamentary Department, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.

   Note: Generally, the Finance Minister is permitted, but not obliged, to issue the amounts out of the Consolidated Revenue Fund. However, subsection (3) imposes an obligation on the Finance Minister to issue the amounts in certain circumstances.

2. (2)

   An amount issued out of the Consolidated Revenue Fund for a departmental item for a Parliamentary Department may only be applied for the departmental expenditure of the Parliamentary Department.

   Note: The acquisition of new departmental assets will usually be funded from an other departmental item.

3. (3)

   If a departmental item for a Parliamentary Department includes provision for payment of remuneration and 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;

   then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund, under that item, amounts that are sufficient to pay the remuneration and allowances and must apply the amounts for that purpose.

8Administered items – basic appropriation

1. (1)

   For an administered item for an outcome of a Parliamentary Department, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the lesser of:

   1. (a)

      the amount specified in the item; and

   2. (b)

      the amount determined by the Finance Minister in relation to the item, having regard to the expenses incurred by the Parliamentary Department in the current year in relation to the item.

2. (2)

   An amount issued out of the Consolidated Revenue Fund for an administered item for an outcome of a Parliamentary Department may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving that outcome.

   Note: The acquisition of new administered assets will usually be funded from an administered assets and liabilities item.

9Administered assets and liabilities items – basic appropriation

1. (1)

   For an administered assets and liabilities item for a Parliamentary Department, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.

2. (2)

   An amount issued out of the Consolidated Revenue Fund for an administered assets and liabilities item for a Parliamentary Department may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving any outcome that is specified in Schedule 1 in relation to the Parliamentary Department.

10Other departmental items – basic appropriation

1. (1)

   For an other departmental item for a Parliamentary Department, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.

2. (2)

   An amount issued out of the Consolidated Revenue Fund for an other departmental item for a Parliamentary Department may only be applied for the departmental expenditure of the Parliamentary Department.

Part 3Additions to basic appropriations 11Net appropriations

1. (1)

   If a section 31 agreement applies to a departmental item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement. The increase cannot be more than the relevant receipts covered by the agreement.

2. (2)

   For the purposes of section 31 of the Financial Management and Accountability Act 1997, each departmental item is taken to be marked “net appropriation”.

12Departmental items and other departmental items – adjustments and borrowings

1. (1)

   The responsible Presiding Officer may determine that the amount specified in a departmental item or in an other departmental item is to be increased by an amount specified in the determination.

2. (2)

   The total of the amounts determined under this section for the Department of the Senate cannot be more than $200,000.

3. (3)

   The total of the amounts determined under this section for the Department of the House of Representatives cannot be more than $200,000.

4. (4)

   The total of the amounts determined under this section for all the other Parliamentary Departments together cannot be more than $200,000.

5. (5)

   The responsible Presiding Officer must give the Parliament details of amounts determined under this section.

13Advance to the responsible Presiding Officer – unforeseen expenditure etc.

1. (1)

   This section applies if the responsible Presiding Officer is satisfied that:

   1. (a)

      there is an urgent need for expenditure that is not provided for, or is insufficiently provided for, in Schedule 1; and

   2. (b)

      the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 1:

      (i) because of an erroneous omission or understatement; or

      1. (ii)

         because the additional expenditure was unforeseen until after the last day on which it was practicable to provide for it in the Bill for this Act before that Bill was introduced into the House of Representatives.

2. (2)

   This Act has effect as if Schedule 1 were amended, in accordance with a determination of the responsible Presiding Officer, to make provision for so much (if any) of the additional expenditure as the responsible Presiding Officer determines.

3. (3)

   The total of the amounts determined under this section for the Department of the Senate cannot be more than $300,000.

4. (4)

   The total of the amounts determined under this section for the Department of the House of Representatives cannot be more than $300,000.

5. (5)

   The total of the amounts determined under this section for all the other Parliamentary Departments together cannot be more than $1 million.

6. (6)

   The responsible Presiding Officer must give the Parliament details of amounts determined under this section.

14Comcover receipts

1. (1)

   This section applies whenever an amount (the Comcover payment) is debited from The Comcover Account in respect of a payment to a Parliamentary Department.

   Note: The Comcover Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.

2. (2)

   Amounts totalling the full amount of the Comcover payment must be added to an item or items for the Parliamentary Department.

3. (3)

   The items and respective amounts are to be determined by the responsible Presiding Officer. In making a determination, the responsible Presiding Officer must comply with any written directions given by the Finance Minister.

4. (4)

   The responsible Presiding Officer may delegate his or her powers under this section to the Chief Executive of the Parliamentary Department.

Part 4Miscellaneous 15Crediting 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.

16Appropriation of the Consolidated Revenue Fund

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

Schedule 1Services for which money is appropriated

Note: See sections 6 and 16.

Abstract
Page
Reference	Departments and Services	Total
$'000
15	Senate	31,586
16	House of Representatives	32,841
17	Joint House Department	44,852
18	Parliamentary Library	17,387
19	Parliamentary Reporting Staff	40,613
Total	167,279

DEPARTMENTS AND SERVICES

Summary

Appropriation (plain figures)—2003‑2004

Actual Available Appropriation (italic figures)—2002‑2003

Departmental	Administered	Non‑
Agency		Outputs	Expenses	operating	Total
$'000	$'000	$'000	$'000
Senate		30,288	1,298	‑	31,586
28,246	1,123	‑	29,369
House of Representatives		31,643	1,198	‑	32,841
28,872	1,066	‑	29,938
Joint House Department		34,198	10,654	‑	44,852
33,465	11,430	‑	44,895
Parliamentary Library		17,387	‑	‑	17,387
17,522	‑	‑	17,522
Parliamentary Reporting Staff		40,613	‑	‑	40,613
44,456	‑	‑	44,456
Total: Parliamentary Departments		154,129	13,150	‑	167,279
152,561	13,619	‑	166,180

SENATE

Appropriation (plain figures)—2003‑2004

Actual Available Appropriation (italic figures)—2002‑2003

Departmental	Administered
Outputs	Expenses	Total
$'000	$'000	$'000
SENATE
Operating
Outcome 1 ‑
Effective provision of services to support	30,288	1,298	31,586
the functioning of the Senate as a House of the Commonwealth Parliament	28,246	1,123	29,369
Total: Senate		30,288	1,298	31,586
28,246	1,123	29,369

HOUSE OF REPRESENTATIVES

Appropriation (plain figures)—2003‑2004

Actual Available Appropriation (italic figures)—2002‑2003

Departmental	Administered
Outputs	Expenses	Total
$'000	$'000	$'000
HOUSE OF REPRESENTATIVES
Operating
Outcome 1 ‑
The House of Representatives fulfils its	31,643	1,198	32,841
role as a representative and legislative body	28,872	1,066	29,938
Total: House of Representatives		31,643	1,198	32,841
28,872	1,066	29,938

JOINT HOUSE DEPARTMENT

Appropriation (plain figures)—2003‑2004

Actual Available Appropriation (italic figures)—2002‑2003

Departmental	Administered
Outputs	Expenses	Total
$'000	$'000	$'000
JOINT HOUSE DEPARTMENT
Operating
Outcome 1 ‑
An effectively functioning legislative	34,198	10,654	44,852
building for the Parliament of Australia which preserves its value as a heritage complex and raises public awareness of the Australian Federal Parliamentary system and the Parliament House building	33,465	11,430	44,895
Total: Joint House Department		34,198	10,654	44,852
33,465	11,430	44,895

PARLIAMENTARY LIBRARY

Appropriation (plain figures)—2003‑2004

Actual Available Appropriation (italic figures)—2002‑2003

Departmental	Administered
Outputs	Expenses	Total
$'000	$'000	$'000
PARLIAMENTARY LIBRARY
Operating
Outcome 1 ‑
To contribute to a more informed	17,387	‑	17,387
Parliament and, through it, to the Australian community	17,522	‑	17,522
Total: Parliamentary Library		17,387	‑	17,387
17,522	‑	17,522

PARLIAMENTARY REPORTING STAFF

Appropriation (plain figures)—2003‑2004

Actual Available Appropriation (italic figures)—2002‑2003

Departmental	Administered
Outputs	Expenses	Total
$'000	$'000	$'000
PARLIAMENTARY REPORTING STAFF
Operating
Outcome 1 ‑
The Commonwealth Parliament to have	40,613	‑	40,613
international standard broadcasting, transcription and information technology services and the Australian community to be able to see, hear and read the work of the Parliament	44,456	‑	44,456
Total: Parliamentary Reporting Staff		40,613	‑	40,613
44,456	‑	44,456

[Minister’s second reading speech made in—

House of Representatives on 13 May 2003

Senate on 23 June 2003]

(58/03)