Acts of Parliament assented to
It is hereby notified, for general information, that His Excellency the Governor-General, in the name of Her Majesty, assented on 10 November 2016 to the undermentioned Acts passed by the Senate and the House of Representatives in the Parliament assembled, viz.:
No. 69 of 2016—An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes. (Appropriation Act (No. 1) 2016-2017).
No. 70 of 2016—An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes. (Appropriation Act (No. 2) 2016-2017).
No. 71 of 2016—An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes. (Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017).
D R Elder
Clerk of the House of Representatives
Overview
The Appropriation Acts (No. 1) 2016-2017, (No. 2) 2016-2017, and (No. 1) 2016-2017 (Parliamentary Departments), enacted in 2016, were designed to provide the necessary financial allocations for the ordinary annual services of the Government, specific expenditures, and expenditure related to the Parliamentary Departments respectively. These acts were introduced to address the need for formal authorisation of the Commonwealth's financial commitments for the specified fiscal year. The enacting body was the Parliament of Australia, and the policy objective was to ensure that the government's expenditure is transparent, accountable, and adequately funded for the year ahead. This legislative action is a critical component in the annual budget process, ensuring that the government operates within its financial means and that all authorised expenditures are properly accounted for and reported.
Scope and Application
The Appropriation Acts (No. 1) 2016-2017, (No. 2) 2016-2017 and (Parliamentary Departments) (No. 1) 2016-2017, collectively referred to as the Appropriation Acts, apply to the Commonwealth of Australia, governing the allocation of funds from the Consolidated Revenue Fund for the ordinary annual services of the government, certain specified expenditures, and the Parliamentary Departments respectively. These Acts are applicable to all persons and entities within the Commonwealth, including government departments, agencies, and other bodies, as well as entities receiving funding under these Acts. The geographic reach of these Acts is limited to the Commonwealth of Australia, encompassing all federal territories and jurisdictions. The Acts set out the financial allocations and authorise the expenditure necessary for the administration and operation of the government for the specified financial year, while also detailing the intended use of appropriated funds. There are no specific exclusions, exemptions, or thresholds mentioned within the text, though the application and interpretation of these Acts may be further refined through subordinate legislation or regulations which may detail specific conditions or restrictions on the use of appropriated funds.
Key Provisions
The primary sections of the Appropriation Act (No. 1) 2016-2017 (section 5) and the Appropriation Act (No. 2) 2016-2017 (section 5) provide for the appropriation of funds from the Consolidated Revenue Fund to cover the ordinary annual services of the government and certain expenditures, respectively. These sections outline the specific allocations of funds for different government departments and agencies, ensuring that the government has the necessary resources to operate effectively throughout the financial year. The Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017 (section 5) serves a similar purpose, focusing on the allocation of funds for expenditure in relation to the Parliamentary Departments.
The Acts impose obligations on the government to utilise the appropriated funds strictly in accordance with the purposes for which they were allocated. This includes ensuring that expenditures are within the limits set by the respective Acts and are compliant with any other relevant legislation and regulations. The Acts also require the government to provide regular reports and accounts to Parliament detailing the use of these funds, thereby maintaining transparency and accountability in the management of public finances.
Failure to comply with the provisions of these Acts can result in legal consequences. For instance, if funds are misused or expended in a manner inconsistent with the Acts, it may lead to civil penalties. In more serious cases, such as fraud or misappropriation of funds, criminal charges may be pursued, leading to criminal penalties. The maximum penalties for such offences can vary significantly, depending on the nature and severity of the breach, but they can include substantial fines and imprisonment. Additionally, any individual or entity found to be in breach of these Acts may be subject to further administrative actions, including the recovery of misused funds and other remedial measures.