Appropriation (Regional Telecommunications Services) Act 2005-2006 (Cth)

Appropriation (Regional Telecommunications Services) Act 2005‑2006

No. 115, 2005

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to regional telecommunications services, and for related purposes

Contents

Appropriation (Regional Telecommunications Services) Act 2005-2006

No. 115, 2005

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to regional telecommunications services, and for related purposes

[Assented to 23 September 2005]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation (Regional Telecommunications Services) Act 2005‑2006.

2Commencement

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

3Definitions

In this Act:

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

Agency means any of the following:

1. (a)

   an Agency within the meaning of the Financial Management and Accountability Act 1997;

2. (b)

   the High Court.

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

Commonwealth authority has the same meaning as in the Commonwealth Authorities and Companies Act 1997.

Commonwealth company has the same meaning as in the Commonwealth Authorities and Companies Act 1997.

current year means the financial year ending on 30 June 2006.

departmental item means the total amount set out in Schedule 1 in relation to an entity 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.

entity means any of the following:

1. (a)

   an Agency;

2. (b)

   a Commonwealth authority;

3. (c)

   a Commonwealth company;

4. (d)

   the Australian National Training Authority.

expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means an administered item or a departmental item.

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 the Appropriation Act (No. 1) 2005‑2006 and the Bill for the Appropriation Act (No. 2) 2005‑2006.

Portfolio Supplementary Estimates Statements means the Portfolio Supplementary Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act.

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

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

4Portfolio Budget Statements and Portfolio Supplementary Estimates Statements

1. (1)

   The Portfolio Budget Statements and Portfolio Supplementary Estimates 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 or Portfolio Supplementary Estimates 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 $219,218,000.

Note 1: Items in Schedule 1 can be increased under Part 3 of this Act and under section 13 of the Appropriation Act (No. 1) 2005‑2006 (as modified by section 11 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 an entity, 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, subsections (3) and (4) impose 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 an entity may only be applied for the departmental expenditure of the entity.

   Note: The acquisition of new departmental assets will usually be funded from an other departmental item (in another Appropriation Act).

3. (3)

   If:

   1. (a)

      an Act provides that an entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and

   2. (b)

      Schedule 1 contains a departmental item for that entity;

   then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund the full amount specified in the item.

4. (4)

   If a departmental item for an Agency 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 an entity, 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 entity 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 an entity 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 (in another Appropriation Act).

3. (3)

   A determination made under paragraph (1)(b) is not a legislative instrument.

9Reduction of appropriations upon request

1. (1)

   The Finance Minister may, upon written request by a Minister, make a written determination under this section reducing a departmental item for an entity for which the Minister is responsible by the amount specified in the determination.

2. (2)

   The Finance Minister may, upon written request by the Chief Executive of an entity for which the Finance Minister is responsible, make a written determination under this section reducing a departmental item for that entity by the amount specified in the determination.

3. (3)

   Where a determination is made, the amount specified in the item is taken to have been reduced by the amount specified in the determination.

4. (4)

   However, a determination is of no effect if the determination has not been requested under subsection (1) or (2).

5. (5)

   In addition, a determination reduces an amount specified in the item only to the extent that the amount of the reduction is no greater than the lesser of the following:

   1. (a)

      the amount requested under subsection (1) or (2);

   2. (b)

      the difference between the amount specified in the item and the amount issued out of the Consolidated Revenue Fund by the Finance Minister in respect of that item.

6. (6)

   For the purposes of paragraph (5)(b), an amount is not taken to have been issued by the Finance Minister until the amount is paid out of the Consolidated Revenue Fund.

7. (7)

   To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (5)(b) to the amount specified in the item is taken to be a reference to the amount specified in the item as reduced by that previous determination and any other previous determination.

8. (8)

   To avoid doubt, a determination under this section applies despite any other provision of this Act.

9. (9)

   A determination made under subsection (1) or (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 of that Act applies to the determination. However, Part 6 of that Act does not apply to the determination.

10. (10)

    A written request made under subsection (1) or (2) is not a legislative instrument.

Part 3Additions to basic appropriations 10Net 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”.

11Comcover receipts

After the commencement of this Act, section 13 of the Appropriation Act (No. 1) 2005‑2006 has effect as if the reference to an available item included a reference to an item in Schedule 1 to this Act.

Note: Section 13 of the Appropriation Act (No. 1) 2005‑2006 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.

Part 4Miscellaneous 12Crediting 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.

13Appropriation 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 13.

Abstract
Page
Reference	Portfolio	Total
$'000
14	Communications, Information Technology and the Arts	219,218
Total	219,218

APPROPRIATIONS

Summary

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

Departmental	Administered
Portfolio	Outputs	Expenses	Total
$'000	$'000	$'000
Agriculture, Fisheries and Forestry	‑	‑	‑
327,977	310,070	638,047
Continued
Attorney‑General’s	‑	‑	‑
2,503,949	354,501	2,858,450
Continued
Communications, Information Technology and the	3,459	215,759	219,218
Arts	1,766,896	380,854	2,147,750
Continued
Defence	‑	‑	‑
16,360,272	78,566	16,438,838
Continued
Education, Science and Training	‑	‑	‑
1,150,258	1,372,999	2,523,257
Continued
Employment and Workplace Relations	‑	‑	‑
1,531,950	2,621,601	4,153,551
Continued
Environment and Heritage	‑	‑	‑
549,446	442,395	991,841
Continued
Family and Community Services	‑	‑	‑
1,503,342	1,033,849	2,537,191
Continued
Finance and Administration	‑	‑	‑
1,132,888	224,486	1,357,374
Continued
Foreign Affairs and Trade	‑	‑	‑
1,094,909	1,967,421	3,062,330
Continued
Health and Ageing	‑	‑	‑
505,039	3,191,225	3,696,264
Continued
Immigration and Multicultural and Indigenous	‑	‑	‑
Affairs	1,100,990	353,832	1,454,822
Continued
Industry, Tourism and Resources	‑	‑	‑
512,521	527,397	1,039,918
Continued
Prime Minister and Cabinet	‑	‑	‑
224,548	281,400	505,948
Continued

Summary

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

Departmental	Administered
Portfolio	Outputs	Expenses	Total
$'000	$'000	$'000
Transport and Regional Services	‑	‑	‑
283,732	436,070	719,802
Continued
Treasury	‑	‑	‑
3,239,825	6,010	3,245,835
Continued
Total: Bill 3	3,459	215,759	219,218
33,788,542	13,582,676	47,371,218

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Summary

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

Departmental	Administered
Agency	Outputs	Expenses	Total
$'000	$'000	$'000
Department of Communications, Information	3,459	215,759	219,218
Technology and the Arts	114,340	380,854	495,194
Continued
Australia Council	‑	‑	‑
149,248	‑	149,248
Continued
Australian Broadcasting Authority	‑	‑	‑
17,270	‑	17,270
Continued
Australian Broadcasting Corporation	‑	‑	‑
773,488	‑	773,488
Continued
Australian Communications Authority	‑	‑	‑
57,172	‑	57,172
Continued
Australian Film Commission	‑	‑	‑
51,991	‑	51,991
Continued
Australian Film, Television and Radio School	‑	‑	‑
19,690	‑	19,690
Continued
Australian National Maritime Museum	‑	‑	‑
23,314	‑	23,314
Continued
Australian Sports Commission	‑	‑	‑
168,631	‑	168,631
Continued
Australian Sports Drug Agency	‑	‑	‑
9,169	‑	9,169
Continued
National Archives of Australia	‑	‑	‑
66,381	‑	66,381
Continued
National Gallery of Australia	‑	‑	‑
40,657	‑	40,657
Continued
National Library of Australia	‑	‑	‑
58,786	‑	58,786
Continued
National Museum of Australia	‑	‑	‑
39,784	‑	39,784
Continued
Special Broadcasting Service Corporation	‑	‑	‑
176,975	‑	176,975
Continued
Total: Communications, Information	3,459	215,759	219,218
Technology and the Arts	1,766,896	380,854	2,147,750

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

Actual Available Appropriation (light figures) — 2004‑2005

Departmental	Administered
Outputs	Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS
Outcome 3 ‑
Development of services and provision of a	3,459	215,759	219,218
regulatory environment which encourages a	63,456	170,848	234,304
sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry	66,817	176,233	243,050
Total: Department of Communications,		3,459	215,759	219,218
Information Technology and the Arts		114,340	380,854	495,194

[Minister’s second reading speech made in—

House of Representatives on 7 September 2005

Senate on 13 September 2005]

(145/05)