Appropriation (Parliamentary Departments) Act (No. 2) 1997-98 (Cth)

Appropriation (Parliamentary Departments) Act (No. 2) 1997‑98

No. 7, 1998

An Act to appropriate money out of the Consolidated Revenue Fund, additional to the money appropriated by the Appropriation (Parliamentary Departments) Act 1997‑98, 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 $ 416 000.............................................................	2
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....................................................................	4
8	Accounting errors etc. may be corrected after close of financial year...........	5
Part 2 — Special application of Act		6
9	Act to have effect subject to modifications.................................................	6
10	Modification relating to net annotated appropriations.................................	6
11	Modifications relating to payments to Departments out of money appropriated for certain purposes..................................................................................................	7
12	Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year...........................................................................................	7
Schedule — Services for which money is appropriated		9

Appropriation (Parliamentary Departments) Act (No. 2) 1997‑98

No. 7, 1998

An Act to appropriate money out of the Consolidated Revenue Fund, additional to the money appropriated by the Appropriation (Parliamentary Departments) Act 1997‑98, 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 27 March 1998]

The Parliament of Australia enacts:

Part 1—General

1Short title

This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 2) 1997‑98.

2 Commencement

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

Part 1 General

Section 3

3Issue and application of $ 416 000

1. (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 $416 000.

2. (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

Section 5 of the Appropriation (Parliamentary Departments) Act 1997‑98 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.

Part 1 General

Section 6

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

1. (a)

   from the sale, leasing or hiring out of, or other dealing with, goods or other 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 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

2. (b)

   the provision of services; or

3. (c)

   any benefit referred to in paragraph (1)(d);

Part 1 General

Section 6

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.

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

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.

Part 1 General

Section 7

(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. 3) 1997‑98, 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. 3) 1997‑98, to be an approved payment for the purposes of that Act.

8 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 Audi: 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 9

Part 2 — Special application of Act

9Act to have effect subject to modifications

(1) If the Financial Management and Accountability Act 1997 is in force when this Act commences, this Act has effect subject to the modifications set out in the following sections.

(2) If the Financial Management and Accountability Act 1997 commences after the commencement of this Act but before 1 July 1998, this Act has effect on and after the operative day subject to the modifications set out in the following sections.

10Modification 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 section 31 of the Financial Management and Accountability Act 1997) between:

   (i) the Minister; and

   (ii) the Presiding Officer 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;

Part 2 Special application of Act

Section 10

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.

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

Section 7 is modified:

1. (a)

   by omitting from subsection (1) all the words from and including “the Schedule” (second occurring) 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 repealing subsection (2).

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

Section 8 is repealed and the following section is substituted:

8 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:

   1. (a)

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

   2. (b)

      to balance the Funds (within the meaning of the Financial Management and Accountability Act 1997);

   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	Total
$
11	Senate...................................................................................................................................................	120 000
11	House of Representatives.................................................................................................................	296 000
—	Parliamentary Reporting Staff.........................................................................................................	—
—	Parliamentary Library.......................................................................................................................	—
—	Joint House Department...................................................................................................................	—
Total..............................................................................................................................................	416 000

Schedule

SUMMARY

Appropriation (Parliamentary Departments) Act (No. 2) 1997‑98, Heavy figures

Appropriation (Parliamentary Departments) Act 1997‑98, Light figures

Division		Running Costs	Other Services	Total
$	$	$
101	Senate............................................................................................	120 000	—	120 000
25 301 000	386 000	25 687 000
104	House of Representatives...........................................................	296 000	—	296 000
23 826 000	401 000	24 227 000
107	Parliamentary Reporting Staff..................................................	—	—	—
30 144 000	3 187 000	33 331 000
108	Parliamentary Library.................................................................	—	—	—
15 284 000	—	15 284 000
109	Joint House Department.............................................................	—	—	—
35 122 000	2 599 000	37 721 000
Total..............................................................................................	416 000	—	416 000
129 677 000	6 573 000	136 250 000

Schedule

Information with respect to previous appropriation and expenditure
Additional appropriation for 1997‑98	Appropriation made by Appropriation (Parliamentary Departments) Act 1997‑98	Expenditure for 1996‑97
$	$	$
Division 101.—SENATE
1.— Running Costs (net appropriation — see section 6) (see also section 7)..........................................................................	120 000	25 301 000	22 344 412
Total: Senate...................................................................	120 000
Division 104.— HOUSE OF REPRESENTATIVES
1.— Running Costs (net appropriation — see section 6) (see also section 7)..........................................................................	296 000	23 826 000	22 642 080
Total: House of Representatives...............................	296 000

[Minister’s second reading speech made in—

House of Representatives on 29 October 1997

Senate on 2 March 1998]

(196/97)

13889 Cat. No. 97 2895 3 ISBN 0644 519525

Printed by Authority by the Commonwealth Government Printer (196/97)