Appropriation (Parliamentary Departments) Act (No. 1) 2011-2012 (Cth)

Appropriation (Parliamentary Departments) Act (No. 1) 2011‑2012

Act No. 71 of 2011 as amended

This compilation was prepared on 14 May 2012

taking into account amendments up to Financial Management and Accountability Act 1997 Determination 2012/14 – Section 32 (Transfer of Functions from Finance to DPS)

The text of any of those amendments not in force

on that date is appended in the Notes section

The operation of amendments that have been incorporated may be

affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

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

Part 1Preliminary 1Short title [see Note 1]

This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 2011‑2012.

2Commencement [see Note 1]

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 2012.

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 opposite the heading “Equity Injections”.

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 $180,166,000.

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.

1. (2)

   The Finance Minister may, by writing:

   1. (a)

      determine 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—determine an amount that is taken to be the required amount for the purposes of subsection (1).

2. (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.

Part 4Miscellaneous 14Crediting 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.

15Appropriation 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 15.

Abstract
Page Reference	Department	Total
$'000
14	Department of the Senate	21,569
15	Department of the House of Representatives	23,253
16	Department of Parliamentary Services	135,344
Total	180,166

APPROPRIATIONS

Summary Summary of Appropriations (plain figures)—2011‑2012 Actual Available Appropriation (italic figures)—2010‑2011
Entity	Departmental	Administered	Non‑ operating	Total
$'000	$'000	$'000	$'000
Department of the Senate	21,569	‑	‑	21,569
	20,540	‑	‑	20,540
Department of the House of Representatives	23,253	‑	‑	23,253
	22,387	‑	‑	22,387
Department of Parliamentary Services	123,065	‑	12,279	135,344
	148,850	‑	30,321	179,171
Total: Parliamentary Departments	167,887	‑	12,279	180,166
191,777	‑	30,321	222,098

Parliament Appropriation (plain figures)—2011‑2012 Actual Available Appropriation (italic figures)—2010‑2011
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
	21,569	‑	21,569
	20,540	‑	20,540
Total: Department of the Senate	21,569	‑	21,569
	20,540	‑	20,540

Parliament Appropriation (plain figures)—2011‑2012 Actual Available Appropriation (italic figures)—2010‑2011
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
	23,253	‑	23,253
	22,387	‑	22,387
Total: Department of the House of Representatives	23,253	‑	23,253
	22,387	‑	22,387

Parliament Appropriation (plain figures)—2011‑2012 Actual Available Appropriation (italic figures)—2010‑2011
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
	123,065	‑	123,065
	148,850	‑	148,850
Total: Operating	123,065	‑	123,065
148,850	‑	148,850
Non‑operating
Equity Injections	‑
	1,938
Administered Assets and Liabilities	12,279
	28,383
Total: Non‑operating	12,279
30,321
Total: Department of Parliamentary Services	123,773.68835	‑	135,344
	148,850	‑	179,171

Note 1: The table has been amended by a determination under the Financial Management and Accountability Act 1997. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an agency under the heading “Departmental”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “Administered”.

No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2012/14 – Section 32 (Transfer of Functions from Finance to DPS) amended an amount alongside Total: Department of Parliamentary Services under the heading “Departmental” to transfer an amount from the Department of Finance and Deregulation to the Department of Parliamentary Services.

Notes to the Appropriation (Parliamentary Departments) Act (No. 1) 2011-2012

Note 1

The Appropriation (Parliamentary Departments) Act (No. 1) 2011‑2012 as shown in this compilation comprises Act No. 71, 2011 amended as indicated in the Tables below.

Table of Acts/Instruments

Title	Year and number	Date of Assent or Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Appropriation (Parliamentary Departments) Act (No. 1) 2011‑2012	71, 2011	29 June 2011	29 June 2011
Financial Management and Accountability Act 1997 Determination 2012/14 – Section 32 (Transfer of Functions from Finance to DPS)	2012/14	10 May 2012 (see F2012L01012)	C. 4 and Schedule 2: 19 Apr 2012	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 1
Schedule 1...........................	am. No. 2012/14