Net Appropriation Agreement for the Department of Parliamentary Services (Cth)

FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997, Section 31

NET APPROPRIATION AGREEMENT

For DEPARTMENT OF PARLIAMENTARY SERVICES

This Agreement is made between:

THE MINISTER FOR FINANCE AND ADMINISTRATION

AND

THE PRESIDING OFFICERS OF THE PARLIAMENTARY DEPARTMENTS

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.

1.3.      This agreement will commence on signing.

1. DEFINITIONS

2.1.      In this agreement:

2.1.1.    'the agency' means the Department of Parliamentary Services

2.1.2.    ‘eligible receipts’ means the receipts set out in clause 5.1 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 eligible receipts of the agency.

1. DURATION OF THE AGREEMENT

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

4.2.      This agreement continues until a new net appropriation agreement covering the appropriation item identified in this agreement is executed by both parties to the agreement.

1. NATURE OF 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 or personal property.

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) as payment for any associated benefit provided (whether to that person or another person) in respect of the appointment or employment of, or the services performed by the employee.

5.1.4.    Receipts from the sale of minor assets that are departmental in nature.

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

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 paragraph 5.1.7); 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.

1. INCREASE IN APPROPRIATION ITEMS

6.1.      Subject to the net appropriation provisions of the annual Appropriation (Parliamentary Departments) Acts, the Departmental item for the agency is taken to be increased by the following amounts:

6.1.1.    For the receipts listed in 5.1, 100% of the receipts.

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.

...............................................................Delegate of the Minister for Finance and Administration

...............................................................
Secretary of the Department of Parliamentary Services

Peter Saunders

Division Manager

Budget Group

...............................................................

Dated 7 March 2005

Hilary Penfold QC

...............................................................

Dated 23 February 2005