Financial Management and Accountability Net Appropriation Agreement Variation (No. 2) 2005 (Cth)

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Financial Management and Accountability Net Appropriation Agreement Variation (No.2) 2005

I, IAN JAMES WATT, delegate of the Minister for Finance and Administration, make this variation instrument under subsection 31 (4) of the Financial Management and Accountability Act 1997.

Dated 28 October 2005

I J Watt
Chief Executive
Department of Finance and Administration




Delegate of the Minister for Finance and Administration


1             Name of Determination

This instrument is the Financial Management and Accountability Net Appropriation Agreement Variation (No.2) 2005.

2             Commencement

This instrument shall come into effect upon registration on the Federal Register of Legislative Instruments.

3              Variation of Net Appropriation Agreement for the Department of Foreign Affairs and Trade

Schedule 1 varies the Net Appropriation Agreement for the Department of Foreign Affairs and Trade, which applies to the departmental item for the Department of Foreign Affairs and Trade, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 28 June 2005.

4              Variation of Net Appropriation Agreement for the Australia-Japan Foundation

Schedule 2 varies the Net Appropriation Agreement for the Australia-Japan Foundation, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 7 February 2005.

5              Variation of Net Appropriation Agreement for the Department of Education, Science and Training

Schedule 3 varies the Net Appropriation Agreement for the Department of Education, Science and Training, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 6 December 2004.

6              Variation of Net Appropriation Agreement for the Administrative Appeals Tribunal

Schedule 4 varies the Net Appropriation Agreement for the Administrative Appeals Tribunal, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 2 December 2004.

7              Variation of Net Appropriation Agreement for AUSTRAC

Schedule 5 varies the Net Appropriation Agreement for AUSTRAC, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 2 December 2004.

8              Variation of Net Appropriation Agreement for the Office of the Renewable Energy Regulator

Schedule 6 varies the Net Appropriation Agreement for the Office of the Renewable Energy Regulator, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 26 May 2005.

9              Variation of Net Appropriation Agreement for the National Native Title Tribunal

Schedule 7 varies the Net Appropriation Agreement for the National Native Title Tribunal, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 2 December 2004.

10            Variation of Net Appropriation Agreement for the Commonwealth Director of Public Prosecutions

Schedule 8 varies the Net Appropriation Agreement for the Commonwealth Director of Public Prosecutions, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 2 December 2004.

11            Variation of Net Appropriation Agreement for the Federal Court of Australia

Schedule 9 varies the Net Appropriation Agreement for the Federal Court of Australia, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 29 June 2005.

12            Variation of Net Appropriation Agreement for the Office of Parliamentary Counsel

Schedule 10 varies the Net Appropriation Agreement for the Office of Parliamentary Counsel, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 2 December 2004.

13            Variation of Net Appropriation Agreement for the Australian Bureau of Statistics

Schedule 11 varies the Net Appropriation Agreement for the Australian Bureau of Statistics, made pursuant to section 31 of the Financial Management and Accountability Act 1997 on 7 March 2005.



Schedule 1        Variation to the Net Appropriation Agreement for the Department of Foreign Affairs and Trade

(section 3)

[1]           Net Appropriation Agreement for the Department of Foreign Affairs and Trade after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1997 and 17 May 1998, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item, subdivision or division contained in the Schedule to the Appropriation Act (No.1) 1997-98, the Appropriation Act (No.3) 1997-98; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.


Schedule 2        Variation to the Net Appropriation Agreement for the Australia-Japan Foundation

(section 4)

[1]           Net Appropriation Agreement for the Australia-Japan Foundation after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1997 and 21 June 1998, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item, subdivision or division contained in the Schedule to the Appropriation Act (No.1) 1997-98 or the Appropriation Act (No.3) 1997-98; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.

Schedule 3        Variation to the Net Appropriation Agreement for the Department of Education, Science and Training

(section 5)

[1]           Net Appropriation Agreement for the Department of Education, Science and Training after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the Department of Employment, Education, Training and Youth Affairs received between 1 July 1997 and 28 June 1998, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item, subdivision or division contained in the Schedule to the Appropriation Act (No.1) 1997-98 or the Appropriation Act (No.3) 1997-98; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.


Schedule 4        Variation to the Net Appropriation Agreement for the Administrative Appeals Tribunal

(section 6)

[1]           Net Appropriation Agreement for the Administrative Appeals Tribunal after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1999 and 1 December 2004, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item in an annual appropriation Act that commenced between 1 July 1999 and 1 December 2004; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.


Schedule 5        Variation to the Net Appropriation Agreement for AUSTRAC

(section 7)

[1]           Net Appropriation Agreement for AUSTRAC after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1999 and 1 December 2004, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item in an annual appropriation Act that commenced between 1 July 1999 and 1 December 2004; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.


Schedule 6        Variation to the Net Appropriation Agreement for the Office of the Renewable Energy Regulator

(section 8)

[1]           Net Appropriation Agreement for the Office of the Renewable Energy Regulator after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 2003 and 25 May 2005, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item in an annual appropriation Act that commenced between 1 July 2003 and 25 May 2005; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.


Schedule 7        Variation to the Net Appropriation Agreement for the National Native Title Tribunal

(section 9)

[1]           Net Appropriation Agreement for the National Native Title Tribunal after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1999 and 30 April 2000, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item in an annual appropriation Act that commenced between 1 July 1999 and 30 April 2000; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.


Schedule 8        Variation to the Net Appropriation Agreement for the Commonwealth Director of Public Prosecutions

(section 10)

[1]           Net Appropriation Agreement for the Commonwealth Director of Public Prosecutions after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1998 and 30 June 2000, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item in an annual appropriation Act that commenced between 1 July 1999 and 30 June 2000; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997; and

4A.3.3an item, subdivision or division contained in the Schedule to the Appropriation Act (No.1) 1998-99 or the Appropriation Act (No.3) 1998-99.


Schedule 9        Variation to the Net Appropriation Agreement for the Federal Court of Australia

(section 11)

[1]           Net Appropriation Agreement for the Federal Court of Australia after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1998 and 30 June 2000, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item in an annual appropriation Act that commenced between 1 July 1999 and 30 June 2000;

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997; and

4A.3.3          an item, subdivision or division contained in the Schedule to the Appropriation Act (No.1) 1998-99 or the Appropriation Act (No.3) 1998-99.


Schedule 10      Variation to the Net Appropriation Agreement for the Office of Parliamentary Counsel

(section 12)

[1]           Net Appropriation Agreement for the Office of Parliamentary Counsel after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1999 and 1 December 2004, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item in an annual appropriation Act that commenced between 1 July 1999 and 1 December 2004;

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997; and

4A.3.3          an item, subdivision or division contained in the Schedule to the Appropriation Act (No.1) 1998-99 or the Appropriation Act (No.3) 1998-99.


Schedule 11      Variation to the Net Appropriation Agreement for the Australian Bureau of Statistics

(section 13)

[1]           Net Appropriation Agreement for the Australian Bureau of Statistics after clause 4

insert

4A          Prior Financial Year Eligible Receipts

4A.1          Receipts of the agency received between 1 July 1998 and 30 June 1999, which:

(a)             have not been credited to an item;

(b)             are not otherwise eligible receipts for the purposes of this agreement; and

(c)              were receipts from:

(i)         subsidy and grant monies received from approved employment subsidy schemes or programmes; or

(ii)        user charging activities; or

(iii)       other net receipts of an administrative nature;

are eligible receipts for the purposes of this agreement.

4A.2          Receipts covered by this clause are eligible receipts for the purposes of this agreement notwithstanding clause 2.1.2.

4A.3          In this clause, item means:

4A.3.1          an item, subdivision or division contained in the Schedule to the Appropriation Act (No.1) 1998-99 or the Appropriation Act (No.3) 1998-99; and

4A.3.2          a Special Account, as defined in section 5 of the Financial Management and Accountability Act 1997.

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