Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Act 2004-2005 (Cth)

Appropriation (Tsunami Financial Assistance and Australia‑Indonesia Partnership) Act 2004‑2005

No. 34, 2005

An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure in relation to Tsunami financial assistance and the Australia‑Indonesia Partnership for Reconstruction and Development, and for related purposes

Contents

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Act 2004-2005

No. 34, 2005

An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure in relation to Tsunami financial assistance and the Australia‑Indonesia Partnership for Reconstruction and Development, and for related purposes

[Assented to 22 March 2005]

The Parliament of Australia enacts:

Part 1Preliminary 1Short title

This Act may be cited as the Appropriation (Tsunami Financial Assistance and Australia‑Indonesia Partnership) Act 2004‑2005.

2Commencement

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

3Definitions

In this Act, unless the contrary intention appears:

administered assets and liabilities item means an amount set out in Schedule 1 in relation to an entity opposite the heading “Administered Assets and Liabilities”.

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

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 2005.

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 any of the following:

1. (a)

   an administered item;

2. (b)

   an administered assets and liabilities item;

3. (c)

   an other departmental item.

other departmental item means an amount set out in Schedule 1 in relation to an entity:

1. (a)

   opposite the heading “Equity Injections”; or

2. (b)

   opposite the heading “Loans”; or

3. (c)

   opposite the heading “Previous Years’ Outputs”.

Portfolio Additional Estimates Statements means the Portfolio Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for the Appropriation Act (No. 3) 2004‑2005 and the Bill for the Appropriation Act (No. 4) 2004‑2005.

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) 2004‑2005 and the Bill for the Appropriation Act (No. 2) 2004‑2005.

Portfolio Supplementary Additional Estimates Statements means the Portfolio Supplementary Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act and the Bill for the Appropriation (Tsunami Financial Assistance) Act 2004‑2005.

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

4Portfolio Statements

1. (1)

   The Portfolio Budget Statements, Portfolio Additional Estimates Statements and Portfolio Supplementary Additional 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, Portfolio Additional Estimates Statements or Portfolio Supplementary Additional 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 $1,001,526,000.

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) 2004‑2005 (as modified by section 11 of the Appropriation (Tsunami Financial Assistance) Act 2004‑2005).

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.

7Administered 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.

3. (3)

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

8Administered assets and liabilities items – basic appropriation

1. (1)

   For an administered assets and liabilities 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.

2. (2)

   An amount issued out of the Consolidated Revenue Fund for an administered assets and liabilities item for an entity may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving any outcome that is specified in relation to the entity:

   1. (a)

      in Schedule 1 to this Act; or

   2. (b)

      in Schedule 1 to the Appropriation (Tsunami Financial Assistance) Act 2004‑2005; or

   3. (c)

      in Schedule 2 to the Appropriation Act (No. 4) 2004‑2005; or

   4. (d)

      in Schedule 1 to the Appropriation Act (No. 3) 2004‑2005; or

   5. (e)

      in Schedule 2 to the Appropriation Act (No. 2) 2004‑2005; or

   6. (f)

      in Schedule 1 to the Appropriation Act (No. 1) 2004‑2005.

9Other departmental items – basic appropriation

1. (1)

   For an other 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, subsection (3) imposes 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 an other departmental item may only be applied for the departmental expenditure of the entity.

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 an other 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.

10Reduction of appropriations upon request

1. (1)

   The Finance Minister may, upon written request by a Minister, make a written determination under this section reducing an administered assets and liabilities item or an other 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 an administered assets and liabilities item or an other 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 11Advance to the Finance Minister

1. (1)

   This section applies if the Finance Minister is satisfied that:

   1. (a)

      there is an urgent need for expenditure that is not provided for, or is insufficiently provided for, in Schedule 1; and

   2. (b)

      the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 1:

      1. (i)

         because of an erroneous omission or understatement; or

      2. (ii)

         because the additional 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 Finance Minister, to make provision for so much (if any) of the additional expenditure as the Finance Minister determines.

3. (3)

   The total of the amounts determined by the Finance Minister:

   1. (a)

      under this section; and

   2. (b)

      under section 13 of the Appropriation Act (No. 2) 2004‑2005; and

   3. (c)

      under section 13 of the Appropriation Act (No. 4) 2004‑2005;

   cannot be more than $215 million.

4. (4)

   However, if:

   1. (a)

      an amount determined by the Finance Minister under section 13 of the Appropriation Act (No. 2) 2004‑2005 is recovered from an amount set out in Schedule 2 to the Appropriation Act (No. 4) 2004‑2005; or

   2. (b)

      an amount determined by the Finance Minister under section 13 of the Appropriation Act (No. 2) 2004‑2005 or section 13 the Appropriation Act (No. 4) 2004‑2005 is recovered from an amount set out in Schedule 1 to this Act;

   the determined amount is to be disregarded for the purposes of subsection (3).

5. (5)

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

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	Portfolios	Total
$'000
16	Defence	488
17	Finance and Administration	94
18	Foreign Affairs and Trade	1,000,944
Total	1,001,526

APPROPRIATIONS

Summary

Supplementary Appropriation (bold figures) — 2004‑2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) — 2004‑2005

Specific
Payments to	New
the States and	Administered	Non‑
Portfolio	Territories	Expenses	operating	Total
$'000	$'000	$'000	$'000
Agriculture, Fisheries and Forestry	‑	‑	‑	‑
464,986	‑	5,860	470,846
Continued
Attorney‑General’s	‑	‑	‑	‑
95,908	‑	114,038	209,946
Continued
Communications, Information	‑	‑	‑	‑
Technology and the Arts	1,125	‑	29,292	30,417
Continued
Defence	‑	‑	488	488
‑	‑	375,498	375,498
Continued
Veterans’ Affairs	‑	‑	‑	‑
7,290	‑	14,256	21,546
Continued
Education, Science and Training	‑	‑	‑	‑
‑	‑	50,916	50,916
Continued
Employment and Workplace Relations	‑	‑	‑	‑
‑	‑	26,516	26,516
Continued
Environment and Heritage	‑	‑	‑	‑
29,938	‑	25,900	55,838
Continued
Family and Community Services	‑	‑	‑	‑
1,974,745	‑	650	1,975,395
Continued
Finance and Administration	‑	‑	94	94
‑	‑	296,875	296,875
Continued
Foreign Affairs and Trade	‑	1,000,830	114	1,000,944
‑	‑	189,503	189,503
Continued
Health and Ageing	‑	‑	‑	‑
1,083,570	‑	60,644	1,144,214
Continued
Immigration and Multicultural and	‑	‑	‑	‑
Indigenous Affairs	2,140	‑	72,491	74,631
Continued
Industry, Tourism and Resources	‑	‑	‑	‑
51,930	‑	172,628	224,558
Continued

Summary

Supplementary Appropriation (bold figures) — 2004‑2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) — 2004‑2005

Specific
Payments to	New
the States and	Administered	Non‑
Portfolio	Territories	Expenses	operating	Total
$'000	$'000	$'000	$'000
Prime Minister and Cabinet	‑	‑	‑	‑
‑	50,000	7,682	57,682
Continued
Transport and Regional Services	‑	‑	‑	‑
190,901	‑	102,210	293,111
Continued
Treasury	‑	‑	‑	‑
178,509	‑	64,066	242,575
Continued
Total:	‑	1,000,830	696	1,001,526
4,081,042	50,000	1,609,025	5,740,067

DEFENCE PORTFOLIO

Supplementary Appropriation (bold figures) — 2004‑2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) — 2004‑2005

Actual Available Appropriation (light figures) — 2003‑2004

Specific
Payments to	New
the States and	Administered
Territories	Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF DEFENCE
Non‑operating
Equity Injections	488
375,498
706,334
Total: Department of Defence		‑	‑	488

FINANCE AND ADMINISTRATION PORTFOLIO

Supplementary Appropriation (bold figures) — 2004‑2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) — 2004‑2005

Actual Available Appropriation (light figures) — 2003‑2004

Specific
Payments to	New
the States and	Administered
Territories	Expenses	Total
$'000	$'000	$'000
HEALTH INSURANCE COMMISSION
Non‑operating
Equity Injections	94
19,315
34,197
Total: Health Insurance Commission		‑	‑	94

FOREIGN AFFAIRS AND TRADE PORTFOLIO

Supplementary Appropriation (bold figures) — 2004‑2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) — 2004‑2005

Actual Available Appropriation (light figures) — 2003‑2004

Specific
Payments to	New
the States and	Administered
Territories	Expenses	Total
$'000	$'000	$'000
AUSTRALIAN AGENCY FOR INTERNATIONAL DEVELOPMENT
Operating
Outcome 2 ‑
Australia’s national interest advanced by	‑	1,000,830	1,000,830
implementing a partnership between	‑	‑	‑
Australia and Indonesia for reconstruction and development	‑	‑	‑
Total: Operating		‑	1,000,830	1,000,830
Non‑operating
Administered Assets and Liabilities	114
92,559
209,049
Total: Non‑operating		114
Total: Australian Agency for		‑	1,000,830	1,000,944
International Development		97,359

[Minister’s second reading speech made in—

House of Representatives on 9 March 2005

Senate on 10 March 2005]

(28/05)