Appropriation Act (No. 1) 2010-2011

Appropriation Act (No. 1) 2010‑2011

Act No. 60 of 2010 as amended

This compilation was prepared on 23 June 2012
taking into account amendments up to Financial Management and Accountability Act 1997 Determination 2012/22 — Section 32 (Transfer of Functions from ABCC to FWBII)

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Definitions

4 Portfolio 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 Advance to the Finance Minister

14 Determinations under previous Acts

15 Reducing items in previous Acts

Part 4—Miscellaneous

16 Crediting amounts to Special Accounts

17 Appropriation of the Consolidated Revenue Fund

Schedule 1—Services for which money is appropriated [see Notes 2–19]

Notes

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 [see Note 1]

  This Act may be cited as the Appropriation Act (No. 1) 2010‑2011.

2  Commencement [see Note 1]

  This Act commences on the day this Act 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”.

Agency means:

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

 (b) the High Court of Australia.

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”.

Note: The amounts set out opposite outcomes for CAC Act bodies, under the heading “Administered”, 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 2011.

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

Note: The amounts set out opposite outcomes, under the heading “Departmental”, 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.

Portfolio Statements means the Portfolio Budget Statements.

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

4  Portfolio Statements

  The Portfolio 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 $71,949,922,000.

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

Note 2: Sections 30 to 32 of the Financial Management and Accountability Act 1997 also 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 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 Prime Minister or a Minister acting on behalf of the Prime Minister; or

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

 (c) 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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied.

 (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.

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:

 (a) that subsection (1):

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

 (ii) applies as if the amount specified in the annual report were the amount specified in the determination; or

 (b) if the report does not specify the required amount—an amount that is taken to be the required amount for the purposes of subsection (1).

 (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 Prime Minister or a Minister acting on behalf of the Prime Minister; or

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

 (c) 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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied.

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

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

 (8) 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  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.

14  Determinations under previous Acts

  Despite subsection 33(3) of the Acts Interpretation Act 1901, a determination made under any of the following provisions must not be rescinded, revoked, amended or varied on or after 1 July 2010:

 (a) section 9 or 10 of the Appropriation Act (No. 3) 2003‑2004;

 (b) section 9 of the Appropriation Act (No. 5) 2003‑2004;

 (c) section 9 of the Appropriation Act (No. 1) 2004‑2005;

 (d) section 9 of the Appropriation Act (No. 3) 2004‑2005;

 (e) section 9 of the Appropriation Act (No. 5) 2004‑2005;

 (f) section 9 of the Appropriation (Tsunami Financial Assistance) Act 2004‑2005;

 (g) section 9 of the Appropriation Act (No. 1) 2005‑2006;

 (h) section 9 of the Appropriation Act (No. 3) 2005‑2006;

 (i) section 9 of the Appropriation Act (No. 5) 2005‑2006;

 (j) section 9 of the Appropriation (Regional Telecommunications Services) Act 2005‑2006;

 (k) section 9 of the Appropriation Act (No. 1) 2006‑2007;

 (l) section 9 of the Appropriation Act (No. 3) 2006‑2007;

 (m) section 9 of the Appropriation Act (No. 5) 2006‑2007;

 (n) section 9 of the Appropriation Act (No. 1) 2007‑2008;

 (o) section 9 of the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008;

 (p) section 9 of the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008;

 (q) section 9 of the Appropriation Act (No. 3) 2007‑2008;

 (r) section 9 of the Appropriation Act (No. 5) 2007‑2008;

 (s) section 10 or 12 of the Appropriation Act (No. 1) 2008‑2009;

 (t) section 10 or 12 of the Appropriation (Economic Security Strategy) Act (No. 1) 2008‑2009;

 (u) section 10 or 12 of the Appropriation Act (No. 3) 2008‑2009;

 (v) section 10 or 12 of the Appropriation (Nation Building and Jobs) Act (No. 1) 2008‑2009;

 (w) section 10 or 12 of the Appropriation Act (No. 5) 2008‑2009;

 (x) section 10 or 12 of the Appropriation Act (No. 1) 2009‑2010;

 (y) section 10 or 12 of the Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010;

 (z) section 10 or 12 of the Appropriation Act (No. 3) 2009‑2010.

15  Reducing items in previous Acts

 (1) A written request may be made to the Finance Minister by the Prime Minister, or a Minister acting on behalf of the Prime Minister, to reduce:

 (a) a departmental item in a previous Act; or

 (b) a CAC Act body payment item in a previous Act.

Note:  Not all previous Acts will contain CAC Act body payment items.

 (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:

 (a) if the item is a departmental item—have been applied under Part 2 of that Act in respect of the item; or

 (b) if the item is a CAC Act body payment item—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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied.

 (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.

Definitions

 (8) In this section:

CAC Act body payment item, in relation to a previous Act, means a CAC Act body payment item within the meaning of that Act.

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

previous Act means any of the following:

 (a) the Appropriation Act (No. 1) 1999‑2000;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 (zb) the Appropriation Act (No. 1) 2008‑2009;

 (zc) the Appropriation (Economic Security Strategy) Act (No. 1) 2008‑2009;

 (zd) the Appropriation Act (No. 3) 2008‑2009;

 (ze) the Appropriation (Nation Building and Jobs) Act (No. 1) 2008‑2009;

 (zf) the Appropriation Act (No. 5) 2008‑2009;

 (zg) the Appropriation Act (No. 1) 2009‑2010;

 (zh) the Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010;

 (zi) the Appropriation Act (No. 3) 2009‑2010.

Part 4—Miscellaneous

16  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.

17  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 [see Notes 2–19]

Note: See sections 6 and 17.

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 2010/20 — Section 32 (Transfer of Functions from DAFF to AFMA) amended the amount alongside “Total: Department of Agriculture, Fisheries and Forestry”, under the heading “Departmental”, to transfer an amount to the Departmental item for the Australian Fisheries Management Authority.

Note 3: Financial Management and Accountability Act 1997 Determination 2010/30 – Section 32 (Transfer of Functions from DAFF to DIISR) amended two amounts in this table:

(a) the amount alongside “Total: Department of Agriculture, Fisheries and Forestry” under the heading “Departmental”, to transfer an amount to the departmental item for the Department of Innovation, Industry, Science and Research; and

(b) the amount alongside Outcome 1 under the heading “Administered” , to transfer an amount to the administered item for the Department of Innovation, Industry, Science and Research.

 On 14 September 2010, the ministerial portfolios were restructured and departments were renamed. Functions relating to food industry policy were transferred from the Department of Agriculture, Fisheries and Forestry to the Department of Innovation, Industry, Science and Research.

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 2010/20 — Section 32 (Transfer of Function from DAFF to AFMA) amended the amount alongside Total: Australian Fisheries Management Authority under the heading “Departmental”, to transfer an amount from the departmental item for the Department of Agriculture, Fisheries and Forestry.

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 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 2010/18 — Section 32 (Transfer of Functions from AGD to DORA) amended two amounts in this table:

(a) the amount alongside “Total”, under the heading “Departmental”, to transfer an amount to the Departmental item for the Department of Regional Australia, Regional Development and Local Government; and

(b) the amount alongside “Outcome 2”, under the heading “Administered”, to transfer an amount to “Outcome 2” under the heading “Administered” for the Department of Regional Australia, Regional Development and Local Government.

 On 14 September 2010 the Department of Regional Australia, Regional Development and Local Government was created.

Note 3: Financial Management and Accountability Act 1997 Determination 2010/28 – Section 32 (Transfer of Functions from AGD to DORA) amended the amount alongside “Total: Attorney-General’s Department” under the heading “Departmental”, to transfer an amount to the Departmental item for the Department of Regional Australia, Regional Development and Local Government.

Note 4: 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 2 under the heading “Administered Expenses”, to transfer an amount to the administered item for DORA.

Note 5: Financial Management and Accountability Act 1997 Determination 2011/01 – Section 32 (Transfer of Functions from FaHCSIA to AGD) amended the amount alongside “Total: Attorney-General’s Department” under the heading “Departmental”, to transfer an amount from the departmental item for the Department of Families, Housing, Community Services and Indigenous Affairs.

Note 6: Financial Management and Accountability Act 1997 Determination 2011/05 – Section 32 (Transfer of Functions from FaHCSIA to AGD) amended the amount alongside “Total: Attorney-General’s Department” under the heading “Departmental”, to transfer an amount from the departmental item for the Department of Families, Housing, Community Services and Indigenous Affairs.

Note 7: Financial Management and Accountability Act 1997 Determination 2011/18 – Section 32 (Transfer of Functions from AGD to ITSA) amended the amount alongside “Total: Attorney-General’s Department” under the heading “Departmental”, to transfer an amount to the departmental item for the Insolvency and Trustee Service Australia.

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 2010/31 – Section 32 (Transfer of Functions from ASIO to DPMC) amended the amount alongside “Total” under the heading “Departmental”, to transfer an amount to the departmental item for the Department of the Prime Minister and Cabinet.

 On 14 September 2010 the ministerial portfolios were restructured and departments were renamed. Functions relating to cyber policy co‑ordination were transferred from the Australian Security Intelligence Organisation to the Department of the Prime Minister and Cabinet.