Appropriation (Parliamentary Departments) Act (No. 2) 1995-96 (Cth)

Appropriation (Parliamentary Departments) Act (No. 2) 1995‑96

No. 159 of 1995

An Act to appropriate money out of the Consolidated Revenue Fund, additional to the money appropriated by the Appropriation (Parliamentary Departments) Act 1995‑96, for certain expenditure in relation to the Parliamentary Departments in respect of the year ending on 30 June 1996, and for related purposes

The Parliament of Australia enacts:

[Assented to 16 December 1995]

PART 1 ‑ GENERAL

Short title

1. This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 2) 1995‑96.

Commencement

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

Issue and application of $ 3 192 000

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 $ 3 192 000.

76440 Cat. No. 95 6004 1 ISBN 0644 34699X

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

Additional appropriation in respect of increases in salaries

4. Section 4 of the Appropriation (Parliamentary Departments) Act 1995‑96 has effect, on and from the commencement of this Act, as if any reference in that section to the Schedule to that Act included a reference to the Schedule to this Act.

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 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

3. (c)

   from the provision of services: or

4. (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

5. (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 Minister responsible for the relevant agency;

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:

1. (a)

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

2. (b)

   the provision of services; or

3. (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 or 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

2. (b)

   the payment is an approved payment; and

3. (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

2. (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 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.

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

7. 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

8. 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

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

Act to have effect subject to modifications

10. (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:

1. (a)

   the Financial Management and Accountability Act 1995; or

2. (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:

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 5”; and

2. (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”:

2. (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

2. (b)

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

(6) Section 7 is omitted and the following section is substituted:

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

“7. (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.”.

________________

SCHEDULE Section3

ABSTRACT

Page Reference		Departments	Total
$
8	Senate............................................................................................................................		797 000
8	House of Representatives...........................................................................................		226 000
8	Parliamentary Reporting Staff..................................................................................		823 000
8	Parliamentary Library.................................................................................................		674 000
8	Joint House Department.............................................................................................		672 000
Total..................................................................................................................		3 192 000

SUMMARY

Appropriation (Parliamentary Departments) Act (No.2) 1995‑96, Heavy figures

Appropriation (Parliamentary Departments) Act 1995‑96. Light figures *

Division		Running Costs	Other Services	Total
$	$	$
101	Senate......................................................................	797 000	—	797 000
22 698 000	450 000	23 148 000
104	House of Representatives....................................	226 000	—	226 000
23 342 000	444 000	23 786 000
107	Parliamentary Reporting Staff............................	823 000	—	823 000
32 124 000	7 572 000	39 696 000
108	Parliamentary Library..........................................	674 000	—	674 000
15 924 000	—	15 924 000
109	Joint House Department......................................	672 000	—	672 000
37 462 000	2 548 000	40 010 000
Total........................................................................	3 192 000	—	3 192 000
131 550 000	11 014 000	142 564 000

* Does not include appropriation in Appropriation (Parliamentary Departments) Act 1995‑96 under Division 102 — Advance to the President of the Senate, $300 000, under Division 103 — Provision for Running Costs Borrowings, $50 000, under Division 105 — Advance to the Speaker of the House of Representatives, $300 000, under Division 106 — Provision for Running Costs Borrowings, $50 000 under Division 110 — Joint Advance to the President and the Speaker, $1 000 000 and under Division 111 — Provision for Running Costs Borrowings, $200 000.

SCHEDULE — continued

Information with respect to previous appropriation and expenditure
Additional appropriation tor 1995‑96	Appropriation made by Appropriation (Parliamentary Departments) Act 1995‑96	Expenditure for 1994‑95
$	$	$
Division 101.— SENATE
1.— Running Costs (net appropriation — see section 5) (see also section 6)..............................................................	797 000	22 698 000	21 857 803
Total: Senate.............................................................	797 000
Division 104. — HOUSE OF REPRESENTATIVES
1.— Running Costs (net appropriation — see section 5) (see also section 6)..............................................................	226 000	23 342 000	22 035 456
Total: House of Representatives.........................	226 000
Division 107. — PARLIAMENTARY REPORTING STAFF
1.— Running Costs (net appropriation — see section 5) (see also section 6)..............................................................	823 000	32 124 000	32 852 421
Total: Parliamentary Reporting Staff..............	823 000
Division 108.— PARLIAMENTARY LIBRARY
1.— Running Costs (net appropriation — see section 5) (see also section 6)..............................................................	674 000	15 924 000	14 146 506
Total: Parliamentary Library.............................	674 000
Division 109. — JOINT HOUSE DEPARTMENT
1.— Running Costs (net appropriation — see section 5) (see also section 6)..............................................................	672 000	37 462 000	34 659 487
Total: Joint House Department...........................	672 000

[Minister’s second reading speech made in—

House of Representatives on 26 October 1995

Senate on 29 November 1995]

Printed by Authority by the Commonwealth Government Printer (164/95)