Appropriation (Water Entitlements) Act 2009-2010 (Cth)

Appropriation (Water Entitlements) Act 2009‑2010

No. 120, 2009

An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure in relation to water entitlements, and for related purposes

Contents

Part 1—Preliminary  2

1............ Short title............................................................................................. 2

2............ Commencement................................................................................... 2

3............ Definitions.......................................................................................... 2

4............ Portfolio Statements............................................................................ 4

5............ Notional payments, receipts etc........................................................... 4

Part 2—Appropriation items  5

6............ Summary of appropriations................................................................. 5

7............ Administered items............................................................................. 5

8............ Administered assets and liabilities items............................................. 5

9............ Other departmental items..................................................................... 6

10.......... CAC Act body payment items............................................................ 6

Part 3—Adjusting appropriation items  7

11.......... Reducing administered items............................................................... 7

12.......... Reducing administered assets and liabilities items and other departmental items      7

13.......... Reducing CAC Act body payment items............................................ 8

Part 4—Miscellaneous  10

14.......... Crediting amounts to Special Accounts............................................. 10

15.......... Appropriation of the Consolidated Revenue Fund............................ 10

Schedule 1—Services for which money is appropriated     11

Appropriation (Water Entitlements) Act 2009-2010

No. 120, 2009

An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure in relation to water entitlements, and for related purposes

[Assented to 4 December 2009]

The Parliament of Australia enacts:

Part 1—Preliminary

1  Short title

This Act may be cited as the Appropriation (Water Entitlements) Act 2009‑2010.

2  Commencement

This Act commences on the day this Act receives the Royal Assent.

3  Definitions

In this Act:

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

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

Agency means:

(a)  an Agency within the meaning of the Financial Management and Accountability Act 1997; or

(b)  the High Court of Australia.

CAC Act body means:

(a)  a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997; or

(b)  a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.

CAC Act body payment item means the amount set out in Schedule 1 in relation to a CAC Act body under the heading “Non‑operating”.

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 2010.

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:

(a)  an administered item;

(b)  an administered assets and liabilities item;

(c)  an other departmental item;

(d)  a CAC Act body payment item.

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

(a)  opposite the heading “Equity Injections”; or

(b)  opposite the heading “Loans”; or

(c)  opposite the heading “Previous Years’ Outputs”.

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) 2009‑2010 and the Bill for the Appropriation Act (No. 2) 2009‑2010.

Portfolio Statements means:

(a)  the Portfolio Budget Statements; and

(b)  the Portfolio Supplementary Estimates Statements.

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 and the Bill for the Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010.

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

4  Portfolio 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.

5  Notional 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 2—Appropriation items

6  Summary of appropriations

The total of the items specified in Schedule 1 is $650,000,000.

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.

7  Administered items

(1) The amount specified in an administered item for an outcome for an Agency 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) 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.

8  Administered assets and liabilities items

(1) The amount specified in an administered assets and liabilities item for an Agency may be applied for expenditure for the purpose of contributing to achieving any outcome specified for the Agency:

(a)  in Schedule 1 to this Act; or

(b) in Schedule 1 to the Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010; or

(c) in Schedule 2 to the Appropriation Act (No. 2) 2009‑2010; or

(d) in Schedule 1 to the Appropriation Act (No. 1) 2009‑2010.

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) 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.

9  Other departmental items

The amount specified in an other departmental item for an Agency may be applied for the departmental expenditure of the Agency.

Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

10  CAC Act body payment items

(1) The amount specified in a CAC Act body payment item for a CAC Act body may be paid to the body to be applied for the purposes of the body.

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)  If:

(a) an Act provides that a CAC Act body must be paid amounts that are appropriated by the Parliament for the purposes of the body; and

(b) Schedule 1 contains a CAC Act body payment item for that body;

then the body must be paid the full amount specified in the item.

Part 3—Adjusting appropriation items

11  Reducing administered items

(1)  If:

(a) an annual report for an Agency for the current year is tabled in the Parliament; and

(b) the report specifies the amount required by an Agency in respect of an administered item for the Agency; and

(c) the required amount is less than the amount of the item;

the item is taken to be reduced to the required amount.

(2) The Finance Minister may, by writing, determine that subsection (1):

(a) does not apply in relation to the item; or

(b)  applies as if the amount specified in the annual report were the amount specified in the determination.

(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.

12  Reducing administered assets and liabilities items and other departmental items

(1) A written request to reduce an administered assets and liabilities item or an other departmental item for an Agency may be made to the Finance Minister by:

(a) the Minister who is responsible for the Agency; or

(b) if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency.

(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) 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) The item is taken to be reduced in accordance with the determination.

(5)  A request made under subsection (1) is not a legislative instrument.

(6) 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.

13  Reducing CAC Act body payment items

(1) A written request to reduce a CAC Act body payment item for a CAC Act body may be made to the Finance Minister by:

(a)  the Minister who is responsible for the body; or

(b) if the Finance Minister is responsible for the body—the Secretary of the Department.

Note:          For Department, see subsection 19A(3) of the Acts Interpretation Act 1901.

(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) However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been paid to the body in respect of the item.

(4) The item is taken to be reduced in accordance with the determination.

(5) Subsection 10(2) does not limit the reduction of a CAC Act body payment item under this section.

(6)  A request made under subsection (1) is not a legislative instrument.

(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.

Part 4—Miscellaneous

14  Crediting 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.

15  Appropriation 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 1—Services for which money is appropriated

Note:       See sections 6 and 15.

Abstract
Page Reference	Portfolio	Total
$'000
14	Environment, Water, Heritage and the Arts	650,000
Total	650,000

APPROPRIATIONS
SUMMARY Summary of Appropriations (bold figures)—2009‑2010 Budget Appropriation (italic figures)—2009‑2010
Portfolio	Payments to States, ACT, NT and local government	New Administered Expenses	Non‑ operating	Total
$'000	$'000	$'000	$'000
Agriculture, Fisheries and Forestry	‑	‑	‑	‑
	‑	‑	1,533	1,533
Attorney‑General’s	‑	‑	‑	‑
	‑	‑	117,001	117,001
Broadband, Communications and the Digital Economy	‑	‑	‑	‑
	1,244	‑	29,519	30,763
Defence	‑	‑	‑	‑
	‑	‑	4,383,971	4,383,971
Education, Employment and Workplace Relations	‑	‑	‑	‑
	3,734,221	‑	49,072	3,783,293
Environment, Water, Heritage and the Arts	‑	‑	650,000	650,000
	19,470	‑	627,475	646,945
Families, Housing, Community Services and Indigenous Affairs	‑	‑	‑	‑
	‑	‑	169,002	169,002
Finance and Deregulation	‑	‑	‑	‑
	‑	‑	120,902	120,902
Foreign Affairs and Trade	‑	‑	‑	‑
	‑	‑	208,157	208,157
Health and Ageing	‑	‑	‑	‑
	2,300	‑	53,858	56,158
Human Services	‑	‑	‑	‑
	‑	‑	56,918	56,918
Immigration and Citizenship	‑	‑	‑	‑
	‑	‑	31,820	31,820
Infrastructure, Transport, Regional Development and Local Government	‑	‑	‑	‑
	780,386	‑	3,797	784,183
Innovation, Industry, Science and Research	‑	‑	‑	‑
	‑	‑	76,894	76,894
Prime Minister and Cabinet	‑	‑	‑	‑
	‑	‑	86,390	86,390
Resources, Energy and Tourism	‑	‑	‑	‑
	‑	‑	2,330	2,330
Treasury	‑	‑	‑	‑
	‑	‑	72,368	72,368
Total:	‑	‑	650,000	650,000
	4,537,621	‑	6,091,007	10,628,628

ENVIRONMENT, WATER, HERITAGE AND THE ARTS PORTFOLIO SUMMARY Summary of Appropriations (bold figures)—2009‑2010 Budget Appropriation (italic figures)—2009‑2010
Entity	Payments to States, ACT, NT and local government	New Administered Expenses	Non‑ operating	Total
$'000	$'000	$'000	$'000
Department of the Environment, Water, Heritage and the Arts	‑	‑	650,000	650,000
	19,470	‑	533,470	552,940
Payments to CAC Act bodies:
Australian National Maritime Museum	‑	‑
	1,608	1,608
National Film and Sound Archive	‑	‑
	612	612
National Gallery of Australia	‑	‑
	32,956	32,956
National Library of Australia	‑	‑
	9,743	9,743
National Museum of Australia	‑	‑
	1,863	1,863
Sydney Harbour Federation Trust	‑	‑
	16,500	16,500
Bureau of Meteorology	‑	‑	‑	‑
	‑	‑	17,181	17,181
Great Barrier Reef Marine Park Authority	‑	‑	‑	‑
	‑	‑	20	20
Murray‑Darling Basin Authority	‑	‑	‑	‑
	‑	‑	13,522	13,522
Total: Environment, Water, Heritage and the Arts	‑	‑	650,000	650,000
	19,470	‑	627,475	646,945

ENVIRONMENT, WATER, HERITAGE AND THE ARTS PORTFOLIO Supplementary Appropriation  (bold figures)—2009‑2010 Budget Appropriation (italic figures)—2009‑2010 Actual Available Appropriation (light figures)—2008‑2009
Payments to States, ACT, NT and local government	New Administered Expenses	Total
$'000	$'000	$'000
DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS
Non‑operating
Administered Assets and Liabilities	650,000
	527,970
	402,433
Total: Non‑operating	650,000
Total: Department of the Environment, Water, Heritage and the Arts	‑	‑	650,000

[Minister’s second reading speech made in—

House of Representatives on 18 November 2009

Senate on 23 November 2009]

(225/09)