Net Appropriation Agreement for the Federal Court of Australia (29/06/2005) (Cth)

FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997, Section 31

NET APPROPRIATION AGREEMENT

For the Federal Court of Australia

This Agreement is made between:

THE MINISTER FOR FINANCE AND ADMINISTRATION

AND

ATTORNEY GENERAL

1. INTRODUCTION          

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

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

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

1. DEFINITIONS

2.1In this agreement:

2.1.1‘the agency’ means the Federal Court of Australia

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

1. PURPOSE

3.1This 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

4.1This 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.

4.2This 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

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

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

5.1.2Receipts from the provision of staff and other services.

5.1.3Receipts 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).

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

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

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

5.1.7Court awarded costs to the extent to which they reflect legal costs incurred in litigating the matter

5.1.8Receipts from the sub-leasing of real property, or the resale of goods used in fitting out premises.

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

5.2.1Court awarded fines and damages, etc (other than to the extent covered by paragraph 5.1.7)

5.2.2Receipts from taxes or levies or specific cost covered activities where the receipts are raised under legislation and where the activities are budget funded, specifically the Federal Court of Australia Regulations 2004.

1. INCREASE IN APPROPRIATION ITEMS

6.1Subject to the net appropriation provisions of the annual appropriation Acts, the Departmental item for the agency is taken to be increased by the following amount:

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

…………………………   ……………………………..

Delegate of the Minister for   Registrar, Federal Court of

Finance and Administration   Australia, Delegate of the Attorney General

Peter Saunders

Division Manager   Warwick Soden

Budget Group  

Date    29 June 2005   Date 27 June 2005