Net Appropriation Agreement for the Department of Education, Employment and Workplace Relations (20/12/2007) (Cth)

FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997, Section 31

NET APPROPRIATION AGREEMENT

For The DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

This Agreement is made between:

THE MINISTER FOR FINANCE AND DEREGULATION

AND

THE MINISTER FOR EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

MINISTER FOR EDUCATION

MINISTER FOR SOCIAL INCLUSION

1. INTRODUCTION

1.1.This net appropriation agreement is made under section 31 of the Financial Management and Accountability Act 1997 (the FMA Act).

1.2.Under this agreement, if the agency receives any amounts covered by the agreement, the appropriation to the agency in the annual appropriation Act will be increased.

Note 1   Section 31 of the FMA Act, together with the annual Appropriation Acts, allows a departmental item (or in some instances, an administered item) to be increased by an amount up to the amount of relevant receipts where the Finance Minister (or his or her delegate) and the responsible Minister have entered into a net appropriation agreement.

Note 2   This agreement is given effect by specific provisions within the annual appropriation Acts. Therefore, the agreement only has effect while the relevant specific provisions exist in the annual appropriation Acts.

1.3.This agreement will commence upon signature of the second party.

1.4.This agreement will cover relevant receipts received by the agency on or after 3 December 2007.

1. DEFINITIONS

2.1.In this agreement:

2.1.1.‘the agency’ means the Department of Education, Employment and Workplace Relations.

2.1.2.‘eligible receipts’ means the receipts set out in clause 5.1 and 5.2 of this agreement.

1. PURPOSE

3.1.This net appropriation agreement records the extent to which the amount specified in an item in an annual Appropriation Act may be taken to be increased by reference to relevant receipts of the agency. 

3.2.The purpose of the agreement is to apply to the current departmental appropriation item of the agency. 

Note:     In most cases the item in the annual Appropriation Act will be taken to be increased by the whole amount received by the agency.  However, in some cases, the item in the annual Appropriation Act will only be taken to be increased by a proportion of the whole amount received by the agency - see clause 6.

1. DURATION OF THE AGREEMENT

4.1.This agreement replaces any previous net appropriation agreement between the Finance Minister and the responsible Minister in respect of any of the appropriation items identified in this agreement.

4.2.This agreement continues until cancelled or replaced with a new net appropriation agreement. 

Note: Under section 31(4) of the FMA Act, the Finance Minister may at any time cancel or vary this agreement, without the consent of the other party.

1. ELIGIBLE RECEIPTS

5.1.The following receipts are eligible receipts for the purposes of this agreement.

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

5.1.2.Receipts from the provision of staff and other services.

5.1.3.Receipts from a person (whether employed, appointed, or performing services for, the Commonwealth) or agency as payment for any associated benefit provided (whether to that person or another person).

5.1.4.Receipts from the sale of minor assets that are departmental in nature such as furniture and fittings.

5.1.5.Receipts from the transfer of annual and long-service leave entitlements between agencies.

5.1.6.Subsidy and grant moneys received as a result of participation in employment subsidy schemes or programs. 

5.1.7.Sponsorships, grants, subsidies and contributions received to fund departmental activities of the agency.

5.1.8.Amounts received from the Australian Taxation Office as interest on a late repayment. 

5.1.9.Donations received, expressed to be for the performance of specific departmental activities of the agency.

5.1.10.Financial incentives to enter into leasing arrangements.

5.1.11.Amounts received in relation to the ADF Reserves Employer Support Payment Scheme.

5.1.12.Court awarded costs to the extent to which they reflect legal costs incurred in litigating the matter.

5.1.13.Amounts paid to the agency from a Special Account, where it is consistent with the purposes of the Special Account.

5.1.14.Receipts from the sub-leasing of real property.

5.1.15.Receipts from royalties

5.2.For the avoidance of doubt, receipts under item 5.1 do not include:

5.2.1.court awarded fines and damages, etc (other than to the extent covered by clause 5.1.12); and

5.2.2.receipts from taxes, levies or specific cost recovered activities where the receipts are raised under legislation and where the activities are budget funded. 

Note:     User charging activities should comply with the Government’s cost recovery policy as set out in the Australian Government Cost Recovery Guidelines for Information and Regulatory Agencies.

1. PROPORTION OF RECEIPTS COVERED

6.1.Subject to the net appropriation provisions of the annual Appropriation Acts, the departmental item for the agency is increased by an amount equivalent to 100 per cent of the relevant receipts covered by this agreement. 

Notes

1. In order to comply with the appropriation requirements of sections 81 and 83 of the Constitution and with sections 19 and 48 of the FMA Act, agencies must keep proper accounts and records of all appropriations to ensure that they do not spend above their appropriation limits.
2. The agency must be able to identify, quantify and, if requested, produce information to show the amounts attributable to net appropriation receipts. This information should be available within the agency’s Financial Management Information System or in other supporting systems or documentation.
3. The agency must report the net appropriations referred to above, as required, in the relevant Budget documents, agency financial statements and the Consolidated Financial Statements.
4. It is the agency’s responsibility to be aware of any changes to reporting requirements which affect net appropriation reporting requirements.
5. The Efficiency Dividend will not apply to any amounts deemed to be appropriated under this agreement.

Lembit Suur
...............................................................Delegate of the Minister for Finance and Deregulation

Julia Gillard
...............................................................
Minister for Education, Employment
and Workplace Relations

Lembit Suur
Division Manager
Industry, Education and Infrastructure Division
Department of Finance
and Deregulation

...............................................................
Dated  20 December 2007

Julia Gillard

20/12/07
...............................................................
Dated      December 2007

Note: The execution clauses (signature blocks) used in section 31 agreements should correctly reflect the capacity of the signatories.  Guidance as to the appropriate signature block to use in particular circumstances is included in Attachment D to Finance Circular 2006/04.  Please contact the Financial Framework Branch at [email protected] if further information is required.