Appropriation (Parliamentary Departments) Act (No. 1) 2010-2011 (Cth)

Appropriation (Parliamentary Departments) Act (No. 1) 2010‑2011

No. 62, 2010

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) 2010-2011

No. 62, 2010

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 28 June 2010]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 2010‑2011.

2Commencement

This Act commences on the day this Act receives the Royal Assent.

3Definitions

In this Act:

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 for a Parliamentary Department under the heading “Administered”.

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 2011.

departmental item means the total amount set out in Schedule 1 in relation to a Parliamentary Department 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 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 Parliamentary Services.

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.

Portfolio Statements means the Portfolio Budget Statements.

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 Parliamentary Services—the President and the Speaker together.

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 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.

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 $222,098,000.

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.

7Departmental items

The amount specified in a departmental item for a Parliamentary Department may be applied for the departmental expenditure of the Parliamentary Department.

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 a Parliamentary Department 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 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.

9Administered assets and liabilities items

1. (1)

   The amount specified in an administered assets and liabilities item for a Parliamentary Department may be applied for expenditure for the purpose of contributing to achieving any outcome specified in Schedule 1 for the Parliamentary Department.

   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 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.

10Other departmental items

The amount specified in an other departmental item for a Parliamentary Department may be applied for the departmental expenditure of the Parliamentary Department.

Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

Part 3Adjusting appropriation items 11Reducing departmental items, administered assets and liabilities items and other departmental items

1. (1)

   A written request to reduce a departmental item, an administered assets and liabilities item or an other departmental item for a Parliamentary Department may be made to the Finance Minister by the responsible Presiding Officer.

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)

   Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied.

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.

12Reducing administered items

1. (1)

   If:

   1. (a)

      an annual report for a Parliamentary Department for the current year is tabled in the Parliament; and

   2. (b)

      the report specifies an amount required by the Parliamentary Department in respect of an administered item; 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:

   1. (a)

      that subsection (1):

      1. (i)

         does not apply in relation to the item; or

      2. (ii)

         applies as if the amount specified in the annual report were the amount specified in the determination; or

   2. (b)

      if the report does not specify the required amount—an amount that is taken to be the required amount for the purposes of subsection (1).

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.

13Advance to the responsible Presiding Officer

1. (1)

   This section applies if the responsible Presiding Officer is satisfied that there is an urgent need for expenditure in relation to a Parliamentary Department, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 1:

   1. (a)

      because of an erroneous omission or understatement; or

   2. (b)

      because the 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 subsection (2) for the Department of the Senate cannot be more than $300,000.

4. (4)

   The total of the amounts determined under subsection (2) for the Department of the House of Representatives cannot be more than $300,000.

5. (5)

   The total of the amounts determined under subsection (2) for the Department of Parliamentary Services cannot be more than $1 million.

6. (6)

   A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

14Determinations under previous Acts

Despite subsection 33(3) of the Acts Interpretation Act 1901, a determination made under any of the following provisions must not be rescinded, revoked, amended or varied on or after 1 July 2010:

1. (a)

   section 11 or 12 of the Appropriation (Parliamentary Departments) Act (No. 2) 2003‑2004;

2. (b)

   section 11 of the Appropriation (Parliamentary Departments) Act (No. 1) 2004‑2005;

3. (c)

   section 11 of the Appropriation (Parliamentary Departments) Act (No. 2) 2004‑2005;

4. (d)

   section 11 of the Appropriation (Parliamentary Departments) Act (No. 1) 2005‑2006;

5. (e)

   section 11 of the Appropriation (Parliamentary Departments) Act (No. 1) 2006‑2007;

6. (f)

   section 11 of the Appropriation (Parliamentary Departments) Act (No. 1) 2007‑2008;

7. (g)

   section 11 of the Appropriation (Parliamentary Departments) Act (No. 1) 2008‑2009;

8. (h)

   section 11 of the Appropriation (Parliamentary Departments) Act (No. 1) 2009‑2010.

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, 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 16.

Abstract
Page Reference	Department	Total
$'000
14	Department of the Senate	20,540
15	Department of the House of Representatives	22,387
16	Department of Parliamentary Services	179,171
Total	222,098

APPROPRIATIONS

Summary Summary of Appropriations (plain figures)—2010‑2011 Actual Available Appropriation (italic figures)—2009‑2010
Entity	Departmental	Administered	Non‑ operating	Total
$'000	$'000	$'000	$'000
Department of the Senate	20,540	‑	‑	20,540
	20,482	‑	31	20,513
Department of the House of Representatives	22,387	‑	‑	22,387
	22,188	‑	31	22,219
Department of Parliamentary Services	148,850	‑	30,321	179,171
	90,933	‑	11,841	102,774
Total: Parliamentary Departments	191,777	‑	30,321	222,098
133,603	‑	11,903	145,506

Parliament Appropriation (plain figures)—2010‑2011 Actual Available Appropriation (italic figures)—2009‑2010
Departmental	Administered	Total
$'000	$'000	$'000
DEPARTMENT OF THE SENATE
Operating
Outcome 1 ‑ Advisory and administrative support services to enable the Senate and Senators to fulfil their representative and legislative duties
	20,540	‑	20,540
	20,482	‑	20,482
Total: Operating	20,540	‑	20,540
20,482	‑	20,482
Non‑operating
Previous Years' Outputs	‑
	31
Total: Non‑operating	‑
31
Total: Department of the Senate	20,540	‑	20,540
	20,482	‑	20,513

Parliament Appropriation (plain figures)—2010‑2011 Actual Available Appropriation (italic figures)—2009‑2010
Departmental	Administered	Total
$'000	$'000	$'000
DEPARTMENT OF THE HOUSE OF REPRESENTATIVES
Operating
Outcome 1 ‑ Advisory and administrative services support the House of Representatives to fulfil its representative and legislative role
	22,387	‑	22,387
	22,188	‑	22,188
Total: Operating	22,387	‑	22,387
22,188	‑	22,188
Non‑operating
Previous Years' Outputs	‑
	31
Total: Non‑operating	‑
31
Total: Department of the House of Representatives	22,387	‑	22,387
	22,188	‑	22,219

Parliament Appropriation (plain figures)—2010‑2011 Actual Available Appropriation (italic figures)—2009‑2010
Departmental	Administered	Total
$'000	$'000	$'000
DEPARTMENT OF PARLIAMENTARY SERVICES
Operating
Outcome 1 ‑ Occupants of Parliament House are supported by integrated services and facilities, Parliament functions effectively and its work and building are accessible to the public
	148,850	‑	148,850
	90,933	‑	90,933
Total: Operating	148,850	‑	148,850
90,933	‑	90,933
Non‑operating
Equity Injections	1,938
	‑
Previous Years' Outputs	‑
	61
Administered Assets and Liabilities	28,383
	11,780
Total: Non‑operating	30,321
11,841
Total: Department of Parliamentary Services	148,850	‑	179,171
	90,933	‑	102,774

[Minister’s second reading speech made in—

House of Representatives on 11 May 2010

Senate on 22 June 2010]

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