Appropriation Act (No. 1) 2012-2013

Appropriation Act (No. 1) 2012‑2013

No. 78, 2012 as amended

Compilation start date:  2 May 2014

Includes amendments up to: FMA Act Determination 2014/11 — Section 32 (Transfer of Functions from DEEWR to PM&C, Education, Employment and Social Services)

About this compilation

This compilation

This is a compilation of the Appropriation Act (No. 1) 2012-2013 as in force on 2 May 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 5 May 2014.

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

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

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

Contents

Part 1—Preliminary

1 Short title

2 Commencement

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

Part 4—Miscellaneous

14 Crediting amounts to Special Accounts

15 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—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

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) 2012‑2013.

2  Commencement

  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 2013.

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 $73,472,547,000.

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:

 (a) determine 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—determine 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.

Part 4—Miscellaneous

14  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.

15  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 15.

Note 1: FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) reduced the departmental item and the Outcome 1 administered 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 amounts transferred from the departmental item and the Outcome 1 administered item for AGD were a component of an increase to the departmental item for OPC in this Act.

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 2012/30 — Section 32 (Transfer of Functions from DPP to AFP) amended in this table the amount alongside “Total: Office of the Director of Public Prosecutions” under the heading “Departmental”, to transfer an amount to the departmental item for the Australian Federal Police (AFP) due to a decision of the Australian Government to transfer responsibility for the majority of litigation/function under the Proceeds of Crime Act 2002 from the Office of the Director of Public Prosecutions (DPP) to AFP.

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”; 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 2012/28 – Section 32 (Transfer of Functions from NNTT to FEDCA) amended in this table the amount alongside “Total: Federal Court of Australia” under the heading “Departmental” to transfer amounts from the National Native Title Tribunal.

 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 the Federal Court of Australia.

Note 1: FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) increased the departmental item for the Office of Parliamentary Counsel (OPC) in accordance with Table 1 at the end of Schedule 1 to this Act. These changes were made to implement a transfer of functions (relating to the former Office of Legislative Drafting and Publishing) from the Attorney‑General’s Department (AGD) to OPC, as implemented through a change made to the Parliamentary Counsel Act 1970 on 1 October 2012.

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 2012/30 — Section 32 (Transfer of Functions from DPP to AFP) amended in this table the amount alongside “Total: Office of the Director of Public Prosecutions” under the heading “Departmental”, to transfer an amount to the departmental item for the Australian Federal Police (AFP) due to a decision of the Australian Government to transfer responsibility for the majority of litigation/function under the Proceeds of Crime Act 2002 from the Office of the Director of Public Prosecutions (DPP) to AFP.

Note 1: FMA Act Determination 2013/01 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) repealed the table for the Department of Climate Change and Energy Efficiency (DCCEE) and replaced it with a new table. These amendments only dealt with the transfer of amounts appropriated in the administered item for DCCEE and did not deal with the transfer of amounts appropriated in the departmental item for DCCEE.

 The administered item for Outcome 1 was reduced by $65,744,759.78 and this amount was transferred from the former DCCEE in part to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE) and in part to the Department of Resources, Energy and Tourism (DRET). Consequential amendments were also made to the table.

 The amended administered item for Outcome 1 comprises administered amounts spent during 2012‑2013 by DCCEE, before DCCEE was abolished on 25 March 2013, together with excess administered amounts not required for the remainder of 2012‑2013.

 These changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE were transferred:

(a) in relation to climate change, to DIICCSRTE; and

(b) in relation to energy efficiency, to DRET.

Note 2: FMA Act Determination 2013/05 — Section 32 (Transfer of Functions from DCCEE to DIICCSRTE and DRET) reduced the departmental item for the former Department of Climate Change and Energy Efficiency (DCCEE) in accordance with Table 4 at the end of Schedule 1 to this Act.

 These changes were made to implement the amendments to the Administrative Arrangements Order made on 25 March 2013. Functions of the former DCCEE were transferred:

(a) in relation to climate change, to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education; and

(b) in relation to energy efficiency, to the Department of Resources, Energy and Tourism.