Appropriation Act (No. 1) 2008-2009

Appropriation Act (No. 1) 2008‑2009

No. 55, 2008 as amended

Compilation start date:   10 May 2013

Includes amendments up to: FMA Act Determination 2013/02
     — Section 32 (Transfer of
     Functions from AGD to OPC)

About this compilation

The compiled Act

This is a compilation of the Appropriation Act (No. 1) 2008‑2009 as amended and in force on 10 May 2013. It includes any amendment affecting the compiled Act to that date.

This compilation was prepared on 27 June 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Definitions

4 Portfolio Budget Statements

5 Notional payments, receipts etc.

Part 2—Appropriation items

6 Summary of appropriations

7 Departmental items

8 Administered items

9 CAC Act body payment items

Part 3—Adjusting appropriation items

10 Reducing departmental items

11 Reducing administered items

12 Reducing CAC Act body payment items

13 Section 31 agreements

14 Advance to the Finance Minister

15 Flexible Funding Pool receipts

16 Comcover receipts

Part 4—Reducing administered items in previous Acts

17 Reducing administered items in previous Acts

Part 5—Miscellaneous

18 Crediting amounts to Special Accounts

19 Appropriation of the Consolidated Revenue Fund

Schedule 1—Services for which money is appropriated

Amendment of Schedule 1 arising from Determination(s) under section 32 of the Financial Management and Accountability Act 1997

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments

FMA Act Determination 2009/08 — Section 32 (Transfer of Functions from MDBA to Environment)

FMA Act Determination 2009/13 — Section 32 (Transfer of Functions from AFPCS to FWA)

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes

Part 1—Preliminary

1  Short title

  This Act may be cited as the Appropriation Act (No. 1) 2008‑2009.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Definitions

  In this Act:

administered item means an amount set out in Schedule 1 opposite an outcome for an Agency under the heading “Administered Expenses”.

Agency means:

 (a) an Agency within the meaning of the Financial Management and Accountability Act 1997; or

 (b) the High Court of Australia.

Agency Minister, in relation to an Agency, means the Minister responsible for the Agency.

CAC Act body means:

 (a) a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997; or

 (b) a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.

CAC Act body payment item means the total amount set out in Schedule 1 in relation to a CAC Act body under the heading “Administered Expenses”.

Note: The amounts set out opposite outcomes for CAC Act bodies, under the heading “Administered Expenses”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.

Chief Executive has the same meaning as in the Financial Management and Accountability Act 1997.

current year means the financial year ending on 30 June 2009.

departmental item means the total amount set out in Schedule 1 in relation to an Agency under the heading “Departmental Outputs”.

Note: The amounts set out opposite outcomes, under the heading “Departmental Outputs”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.

expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means an administered item, a CAC Act body payment item or a departmental item.

Portfolio Budget Statements means the Portfolio Budget Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act.

section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007).

Special Account has the same meaning as in the Financial Management and Accountability Act 1997.

4  Portfolio Budget Statements

  The Portfolio Budget Statements are hereby declared to be relevant documents for the purposes of section 15AB of the Acts Interpretation Act 1901.

Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901.

5  Notional payments, receipts etc.

  For the purposes of this Act, notional transactions between Agencies are to be treated as if they were real transactions.

Note: This section applies, for example, to a “payment” between Agencies that are both part of the Commonwealth. One of the effects of this section is that the payment will be debited from an appropriation for the paying Agency, even though no payment is actually made from the Consolidated Revenue Fund.

Part 2—Appropriation items

6  Summary of appropriations

  The total of the items specified in Schedule 1 is $60,874,689,000.

Note 1: Items in Schedule 1 can be adjusted under Part 3 of this Act.

Note 2: See also sections 30 to 32 of the Financial Management and Accountability Act 1997, which provide for adjustments of amounts appropriated by this Act.

7  Departmental items

  The amount specified in a departmental item for an Agency may be applied for the departmental expenditure of the Agency.

Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

8  Administered items

 (1) The amount specified in an administered item for an outcome for an Agency may be applied for expenditure for the purpose of contributing to achieving that outcome.

Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

 (2) If the Portfolio Budget Statements indicate that activities of a particular kind were intended to be treated as activities in respect of a particular outcome, then expenditure for the purpose of carrying out those activities is taken to be expenditure for the purpose of contributing to achieving the outcome.

9  CAC Act body payment items

 (1) The amount specified in a CAC Act body payment item for a CAC Act body may be paid to the body to be applied for the purposes of the body.

Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

 (2) If:

 (a) an Act provides that a CAC Act body must be paid amounts that are appropriated by the Parliament for the purposes of the body; and

 (b) Schedule 1 contains a CAC Act body payment item for that body;

then the body must be paid the full amount specified in the item.

Part 3—Adjusting appropriation items

10  Reducing departmental items

 (1) A written request to reduce a departmental item for an Agency may be made to the Finance Minister by:

 (a) the Minister who is responsible for the Agency; or

 (b) if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency.

 (2) If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.

 (3) However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been applied under Part 2 in respect of the item.

 (4) The item is taken to be reduced in accordance with the determination.

 (5) A request made under subsection (1) is not a legislative instrument.

 (6) A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.

11  Reducing administered items

 (1) If:

 (a) an annual report for an Agency for the current year is tabled in the Parliament; and

 (b) the report specifies the amount required by the Agency in respect of an administered item for the Agency; and

 (c) the required amount is less than the amount of the item;

the item is taken to be reduced to the required amount.

 (2) The Finance Minister may, by writing, determine that subsection (1):

 (a) does not apply in relation to the item; or

 (b) applies as if the amount specified in the annual report were the amount specified in the determination.

 (3) A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.

12  Reducing CAC Act body payment items

 (1) A written request to reduce a CAC Act body payment item for a CAC Act body may be made to the Finance Minister by:

 (a) the Minister who is responsible for the body; or

 (b) if the Finance Minister is responsible for the body—the Secretary of the Department.

Note: For Department, see subsection 19A(3) of the Acts Interpretation Act 1901.

 (2) If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.

 (3) However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been paid to the body in respect of the item.

 (4) The item is taken to be reduced in accordance with the determination.

 (5) Subsection 9(2) does not limit the reduction of a CAC Act body payment item under this section.

 (6) A request made under subsection (1) is not a legislative instrument.

 (7) A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.

13  Section 31 agreements

Departmental items

 (1) If a section 31 agreement applies to a departmental item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement. The increase cannot be more than the relevant receipts covered by the agreement.

 (2) For the purposes of section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007), each departmental item is taken to be marked “net appropriation”.

Administered items

 (3) If a section 31 agreement applies to an administered item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement. The increase cannot be more than the relevant receipts covered by the agreement.

 (4) For the purposes of section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007), the following administered items are taken to be marked “net appropriation”:

 (a) the administered items for outcomes 1 and 2 of AusAID;

 (b) the administered items for outcomes 1, 2, 3 and 4 of the Department of Families, Housing, Community Services and Indigenous Affairs.

Note: Item 13 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007 continues the operation of section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of that Schedule) in relation to section 31 agreements made before that commencement.

14  Advance to the Finance Minister

 (1) This section applies if the Finance Minister is satisfied that there is an urgent need for expenditure, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 1:

 (a) because of an erroneous omission or understatement; or

 (b) because the expenditure was unforeseen until after the last day on which it was practicable to provide for it in the Bill for this Act before that Bill was introduced into the House of Representatives.

 (2) This Act has effect as if Schedule 1 were amended, in accordance with a determination of the Finance Minister, to make provision for so much (if any) of the expenditure as the Finance Minister determines.

 (3) The total of the amounts determined under subsection (2) cannot be more than $295 million.

 (4) A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

15  Flexible Funding Pool receipts

 (1) If:

 (a) an amount is debited from the Northern Territory Flexible Funding Pool Special Account to be applied by an Agency for expenditure for the purpose of contributing to achieving the outcome for an administered item; and

 (b) the item is specified in a written determination made by the Finance Minister for the purposes of this paragraph;

the item is taken to be increased by the amount of the debit.

 (2) The increase takes effect at the time the amount is entered in the accounts and records of the Agency.

 (3) The amount may be applied by the Agency only in accordance with the conditions (if any) set out in the determination.

 (4) A determination made for the purposes of paragraph (1)(b) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

16  Comcover receipts

 (1) This section applies whenever an amount (the Comcover payment) is debited from The Comcover Account in respect of a payment to an Agency.

Note: The Comcover Account is a Special Account. For Special Account, see section 3.

 (2) The Agency Minister must, by writing, determine that one or more specified items for the Agency are to be increased by specified amounts.

 (3) The determination:

 (a) must specify amounts that total the full amount of the Comcover payment; and

 (b) may specify items in Schedule 1 to this Act or in a Schedule to the Appropriation Act (No. 2) 2008‑2009.

 (4) In making the determination, the Agency Minister must comply with any written directions given by the Finance Minister.

 (5) Items specified in the determination are taken to be increased in accordance with the determination.

 (6) The Agency Minister may delegate his or her powers under this section to the Chief Executive of the Agency.

 (7) Neither a determination made under subsection (2) nor a written direction made under subsection (4) is a legislative instrument.

Part 4—Reducing administered items in previous Acts

17  Reducing administered items in previous Acts

 (1) This section applies if:

 (a) a previous Act authorises the Finance Minister to issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the lesser of:

 (i) the amount specified in the administered item for an outcome of an entity; and

 (ii) the amount determined by the Finance Minister in relation to the item; and

 (b) the Finance Minister so determines:

 (i) an amount that is less than the amount specified in the item; or

 (ii) if the Minister makes a determination that covers administered items in more than one such previous Act—an amount that is less than the total of the amounts specified in those items.

 (2) After the determination is made:

 (a) in a case covered by subparagraph (1)(b)(i)—the previous Act has effect as if the amount specified in the item were the amount determined by the Finance Minister; or

 (b) in a case covered by subparagraph (1)(b)(ii)—the previous Acts have effect as if the total of the amounts specified in the items were the amount specified in the determination.

 (3) If more than one determination is made in relation to a particular item or items, subsection (2) applies only in relation to the most recent of those determinations.

 (4) In this section:

administered item, in relation to a previous Act, means an administered item within the meaning of that Act.

current year, in relation to a previous Act, means the current year within the meaning of that Act.

entity, in relation to a previous Act, means an entity within the meaning of that Act.

Finance Minister, in relation to a previous Act, means the Finance Minister within the meaning of that Act.

previous Act means:

 (a) the Appropriation Act (No. 5) 2007‑2008; or

 (b) the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008; or

 (c) the Appropriation Act (No. 3) 2007‑2008; or

 (d) the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008; or

 (e) the Appropriation Act (No. 1) 2007‑2008; or

 (f) the Appropriation Act (No. 5) 2006‑2007; or

 (g) the Appropriation Act (No. 3) 2006‑2007; or

 (h) the Appropriation Act (No. 1) 2006‑2007; or

 (i) the Appropriation (Regional Telecommunications Services) Act 2005‑2006; or

 (j) the Appropriation Act (No. 5) 2005‑2006; or

 (k) the Appropriation Act (No. 3) 2005‑2006; or

 (l) the Appropriation Act (No. 1) 2005‑2006; or

 (m) the Appropriation (Tsunami Financial Assistance) Act 2004‑2005; or

 (n) the Appropriation Act (No. 5) 2004‑2005; or

 (o) the Appropriation Act (No. 3) 2004‑2005; or

 (p) the Appropriation Act (No. 1) 2004‑2005; or

 (q) the Appropriation Act (No. 5) 2003‑2004; or

 (r) the Appropriation Act (No. 3) 2003‑2004; or

 (s) the Appropriation Act (No. 1) 2003‑2004; or

 (t) the Appropriation Act (No. 3) 2002‑2003; or

 (u) the Appropriation Act (No. 1) 2002‑2003; or

 (v) the Appropriation Act (No. 3) 2001‑2002; or

 (w) the Appropriation Act (No. 1) 2001‑2002; or

 (x) the Appropriation Act (No. 3) 2000‑2001; or

 (y) the Appropriation Act (No. 1) 2000‑2001; or

 (z) the Appropriation Act (No. 3) 1999‑2000; or

 (za) the Appropriation Act (No. 1) 1999‑2000.

Part 5—Miscellaneous

18  Crediting amounts to Special Accounts

  If any of the purposes of a Special Account is a purpose that is covered by an item (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to that Special Account.

19  Appropriation of the Consolidated Revenue Fund

  The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act, including the operation of this Act as affected by the Financial Management and Accountability Act 1997.

Schedule 1—Services for which money is appropriated

Note: See sections 6 and 19.

Continued

Note 1: The table has been amended by a determination under the Financial Management and Accountability Act 1997. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

 No other amounts in the table have been amended.

Note 2: FMA Act Section 32 Determination 2009/11 amended the amount alongside Total: Department of Agriculture, Fisheries and Forestry under the heading Departmental Outputs, to transfer an amount from Biosecurity Australia.

Note 3: Financial Management and Accountability Act 1997 Determination 2011/09 — Section 32 (Transfer of Functions from BSA to DAFF) amended the amount alongside Total: Department of Agriculture, Fisheries and Forestry, under the heading Departmental Outputs, to transfer an amount from Biosecurity Australia. The determination transferred the unspent appropriation of an agency since abolished and replaced by another agency of a different name.

Note 1: The table has been amended by a determination under the Financial Management and Accountability Act 1997. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

 No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2011/09 — Section 32 (Transfer of Functions from BSA to DAFF) amended the amount alongside Total: Biosecurity Australia, under the heading Departmental Outputs, to transfer an amount to the Department of Agriculture, Fisheries and Forestry.

Note 3: Financial Management and Accountability Act 1997 Determination 2011/09 — Section 32 (Transfer of Functions from BSA to DAFF) amended the amount alongside Total: Biosecurity Australia, under the heading Departmental Outputs, to transfer an amount to the Department of Agriculture, Fisheries and Forestry. The determination transferred the unspent appropriation of an agency since abolished and replaced by another agency of a different name.

Continued

Note 1: The table has been amended by a determination under the Financial Management and Accountability Act 1997. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an agency under the heading “Departmental”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “Administered”.

 No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2010/37 — Section 32 (Transfer of Functions from AGD to DORA) amended an amount in this table alongside Outcome 3 under the heading “Administered Expenses”, to transfer an amount to the administered item for the Department of Regional Australia, Regional Development and Local Government.

Note 3: FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) reduced the departmental item for the Attorney-General’s Department (AGD) in accordance with Table 1 at the end of Schedule 1 to this Act. This change was made to implement the transfer of functions (relating to the former Office of Legislative Drafting and Publishing) from AGD to the Office of Parliamentary Counsel (OPC), as implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012. The amount transferred from the departmental item for AGD was a component of an increase to the departmental item for OPC in Appropriation Act (No. 1) 2012-2013.

Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an agency under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “Administered Expenses”.

 No other amounts in the table have been amended.

Note 2: FMA Act Section 32 Determination 2009/09 amended the amount alongside Total: Australian Customs Service, under the heading Departmental Outputs, to transfer an amount from the Department of Immigration and Citizenship.

Note 1: The table has been amended by a determination under the Financial Management and Accountability Act 1997. Such determinations amend only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an agency under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an agency under the heading “Administered Expenses”.

 No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2012/28 – Section 32 (Transfer of Functions from NNTT to FEDCA) amended in this table the amount alongside “Total: National Native Title Tribunal” under the heading “Departmental Outputs”, to transfer an amount to the departmental item for the Federal Court of Australia (FEDCA).

 Due to a government decision, functions relating to the native title claims administration and assistance with related Indigenous Land Use Agreement negotiations were transferred from the National Native Title Tribunal to FEDCA.