Appropriation Act (No. 2) 1999-2000

Appropriation Act (No. 2) 1999‑2000

Act No. 47 of 1999 as amended

This compilation was prepared on 6 January 2011
taking into account amendments up to Financial Management and Accountability Act 1997 Determination 2010/37 — Section 32 (Transfer of Functions from AGD to DORA)

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 Notional payments, receipts etc.

Part 2—Basic appropriations

5 Summary of basic appropriations

6 State payment items—basic appropriation

7 Administered items—basic appropriation

8 Administered capital items—basic appropriation

9 Departmental capital items—basic appropriation

Part 3—Additions to basic appropriations

10 Advance to the Finance Minister—unforeseen expenses etc.

Part 4—Miscellaneous

11 Crediting amounts to Special Accounts

12 Conditions etc. applying to State payment items

13 Appropriation of the Consolidated Revenue Fund

Schedule 1—Payments to or for the States

Schedule 2—Services for which money is appropriated

Notes

An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure in respect of the year ending on 30 June 2000, and for related purposes

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Appropriation Act (No. 2) 1999-2000.

2 Commencement [see Note 1]

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

3 Definitions

In this Act, unless the contrary intention appears:

administered capital item means an amount set out in Schedule 2 in relation to an entity opposite the heading “Administered Capital”.

administered item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Other Administered Expenses”.

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

Appropriation Bill means the Bill for this Act.

Commonwealth authority has the same meaning as in the Commonwealth Authorities and Companies Act 1997.

Commonwealth company has the same meaning as in the Commonwealth Authorities and Companies Act 1997.

current year means the financial year ending on 30 June 2000.

departmental capital item means an amount set out in Schedule 2 in relation to an entity:

(a) opposite the heading “Equity Injections”; or

(b) opposite the heading “Loans”; or

departmental expenses includes payments for the acquisition of assets.

entity means any of the following:

(a) an Agency;

(b) a Commonwealth authority;

Finance Minister means the Minister administering this Act.

item means any of the following:

(a) a State payment item;

(b) an administered item;

(d) a departmental capital item.

Portfolio Budget Statements means the Portfolio Budget Statements that were tabled in the Senate or the House of Representatives in relation to the Appropriation Bill and the Bill for the Appropriation Act (No. 1) 1999-2000.

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

State includes the Australian Capital Territory and the Northern Territory.

State payment item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Specific Payments to the States and Territories”.

4 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—Basic appropriations

5 Summary of basic appropriations

The total of the items specified in Schedule 2 is $5,735,166,000.

Note: Items in Schedule 2 can be increased under Part 3 of this Act and under section 11 of the Appropriation Act (No. 1) 1999-2000.

6 State payment items—basic appropriation

(1) For a State payment item for an outcome of an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the lesser of:

(a) the amount specified in the item; and

(b) the amount determined by the Finance Minister to be the expenses incurred by the entity in the current year in relation to the item.

(2) An amount issued out of the Consolidated Revenue Fund for a State payment item for an outcome may only be applied for the purpose of making payments to or for the States for the purpose of contributing to achieving that outcome.

7 Administered items—basic appropriation

(1) For an administered item for an outcome of an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the lesser of:

(a) the amount specified in the item; and

(b) the amount determined by the Finance Minister to be the administered expenses incurred by the entity in the current year in relation to the item.

(2) An amount issued out of the Consolidated Revenue Fund for an administered item for an outcome may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving that outcome.

Note: An administered item may be used to acquire assets. However, the acquisition of new assets will usually be funded from an administered capital item.

(3) 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.

8 Administered capital items—basic appropriation

(1) For an administered capital item for an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.

(2) An amount issued out of the Consolidated Revenue Fund for an administered capital item for an entity may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving any outcome that is specified in relation to the entity:

(a) in Schedule 2 to this Act; or

(b) in the Schedule to the Appropriation Act (No. 1) 1999-2000.

9 Departmental capital items—basic appropriation

(1) For a departmental capital item for an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.

Note: Generally, the Finance Minister is permitted, but not obliged, to issue the amounts out of the Consolidated Revenue Fund. However, subsection (3) imposes an obligation on the Finance Minister to issue the amounts in certain circumstances.

(2) An amount issued out of the Consolidated Revenue Fund for a departmental capital item may only be applied for the departmental expenses of the entity.

(3) If:

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

(b) Schedule 2 contains a departmental capital item for that entity;

then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund the full amount specified in the item.

Part 3—Additions to basic appropriations

10 Advance to the Finance Minister—unforeseen expenses etc.

(1) This section applies if:

(a) an entity has incurred, or is likely to incur, an expense (the extra expense) during the current year in relation to an item (the insufficient item) for the entity; and

(b) the Finance Minister is satisfied that:

(i) the expense was unforeseen until after the last day on which it was practicable to provide for the extra expense in the Appropriation Bill before that Bill was introduced into the House of Representatives; or

(ii) because of an erroneous omission or understatement, provision for the extra expense was not made in the Appropriation Bill; and

(c) the Finance Minister considers that there is an urgent need to increase the insufficient item to make provision for the extra expense.

(2) The amount of the insufficient item is taken to be increased by such amount (if any) as the Finance Minister determines, up to the amount of the extra expense.

(3) The total of the amounts determined under this section cannot be more than $215 million.

(4) The Finance Minister must give the Parliament details of amounts determined under this section.

Part 4—Miscellaneous

11 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.

12 Conditions etc. applying to State payment items

(1) This section applies to any payment made out of money appropriated by a State payment item for an outcome identified in column 2 of the table in Schedule 1.

(2) The payment:

(a) must be made on the applicable terms and conditions (if any) for that outcome; and

(b) must be made in the amounts, and at the times, that are determined in writing by the Minister specified in column 4 of the table.

(3) This section does not, by implication, limit the power of the Commonwealth to:

(a) apply terms and conditions to non-State payments; or

(b) determine the amounts and times of non-State payments.

(4) In this section:

applicable terms and conditions, in relation to an outcome identified in the table in Schedule 1, means terms and conditions from time to time determined in writing by the Minister specified in column 3 of the table, as being the terms and conditions that apply to payments that are made to or for a State in relation to that outcome out of money appropriated by an annual Appropriation Act.

non-State payment means a payment made out of money that is appropriated by the Parliament (either under this Act or another Act), other than a payment out of money appropriated by a State payment item.

13 Appropriation of the Consolidated Revenue Fund

The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

Schedule 1—Payments to or for the States

Note: See Section 12

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Schedule 2—Services for which money is appropriated

Note: See Sections 5 and 13

DEPARTMENTS AND SERVICES

Appropriation (light figures) – 1999-2000