Appropriation Act (No. 2) 2004-2005

Appropriation Act (No. 2) 2004‑2005

Act No. 89 of 2004 as amended

This compilation was prepared on 15 May 2009
taking into account amendments up to FMA Act Determination 2009/05 — Section 32 (Transfer of Functions from Health to AOTDTA)

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 Budget Statements

5 Notional payments, receipts etc.

Part 2—Basic appropriations

6 Summary of basic appropriations

7 State payment items—basic appropriation

8 Administered items—basic appropriation

9 Administered assets and liabilities items—basic appropriation

10 Other departmental items—basic appropriation

11 Reduction of appropriations upon request

Part 3—Additions to basic appropriations

12 Other departmental items—adjustments and borrowings

13 Advance to the Finance Minister—unforeseen expenditure etc.

Part 4—Miscellaneous

14 Crediting amounts to Special Accounts

15 Conditions etc. applying to State payment items

16 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, and for related purposes

Part 1—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Appropriation Act (No. 2) 2004‑2005.

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 assets and liabilities item means an amount set out in Schedule 2 in relation to an entity opposite the heading “Administered Assets and Liabilities”.

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

Agency means any of the following:

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

 (b) the High Court.

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 2005.

entity means any of the following:

 (a) an Agency;

 (b) a Commonwealth authority;

 (c) a Commonwealth company;

 (d) the Australian National Training Authority.

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

Finance Minister means the Minister administering this Act.

item means any of the following:

 (a) a State payment item;

 (b) an administered item;

 (c) an administered assets and liabilities item;

 (d) an other departmental item.

other departmental 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

 (c) opposite the heading “Previous Years’ Outputs”.

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.

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  Portfolio Budget Statements

 (1) 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.

 (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.

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—Basic appropriations

6  Summary of basic appropriations

  The total of the items specified in Schedule 2 is $5,187,471,000.

Note 1: Items in Schedule 2 can be increased under Part 3 of this Act and under section 13 of the Appropriation Act (No. 1) 2004‑2005.

Note 2: See also section 30A of the Financial Management and Accountability Act 1997, which provides for adjustment of appropriations to take account of GST.

7  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 in relation to the item, having regard to 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 of an entity may only be applied for the purpose of making payments to or for the States for the purpose of contributing to achieving that outcome.

8  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 in relation to the item, having regard to 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 an administered item for an outcome of an entity may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving that outcome.

Note: The acquisition of new administered assets will usually be funded from an administered assets and liabilities item.

9  Administered assets and liabilities items—basic appropriation

 (1) For an administered assets and liabilities 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 assets and liabilities 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 Schedule 1 to the Appropriation Act (No. 1) 2004‑2005.

10  Other departmental items—basic appropriation

 (1) For an other departmental 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 an other departmental item may only be applied for the departmental expenditure 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 an other departmental 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.

11  Reduction of appropriations upon request

 (1) The Finance Minister may, upon written request by a Minister, make a written determination under this section reducing an administered assets and liabilities item or an other departmental item for an entity for which the Minister is responsible by the amount specified in the determination.

 (2) The Finance Minister may, upon written request by the Chief Executive of an entity for which the Finance Minister is responsible, make a written determination under this section reducing an administered assets and liabilities item or an other departmental item for that entity by the amount specified in the determination.

 (3) Where a determination is made, the amount specified in the item is taken to have been reduced by the amount specified in the determination.

 (4) However, a determination is of no effect if the determination has not been requested under subsection (1) or (2).

 (5) In addition, a determination reduces an amount specified in the item only to the extent that the amount of the reduction is no greater than the lesser of the following:

 (a) the amount requested under subsection (1) or (2);

 (b) the difference between the amount specified in the item and the amount issued out of the Consolidated Revenue Fund by the Finance Minister in respect of that item.

 (6) For the purposes of paragraph (5)(b), an amount is not taken to have been issued by the Finance Minister until the amount is paid out of the Consolidated Revenue Fund.

 (7) To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (5)(b) to the amount specified in the item is taken to be a reference to the amount specified in the item as reduced by that previous determination and any other previous determination.

 (8) To avoid doubt, a determination under this section applies despite any other provision of this Act.

 (9) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part 3—Additions to basic appropriations

12  Other departmental items—adjustments and borrowings

 (1) The Finance Minister may determine that the amount specified in an other departmental item is to be increased by an amount specified in the determination.

 (2) The total of the amounts determined by the Finance Minister under subsection (1) cannot be more than $20 million.

 (3) The Finance Minister must give the Parliament details of increases made under this section.

13  Advance to the Finance Minister—unforeseen expenditure etc.

 (1) This section applies if the Finance Minister is satisfied that:

 (a) there is an urgent need for expenditure that is not provided for, or is insufficiently provided for, in Schedule 2; and

 (b) the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 2:

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

 (ii) because the additional 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 2 were amended, in accordance with a determination of the Finance Minister, to make provision for so much (if any) of the additional expenditure as the Finance Minister determines.

 (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

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  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 (either before or after the commencement of this Act) 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.

16  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 15.

Schedule 2—Services for which money is appropriated

Note: See sections 6 and 16.

Summary

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

Summary

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

AGRICULTURE, FISHERIES AND FORESTRY PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

AGRICULTURE, FISHERIES AND FORESTRY PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

ATTORNEY‑GENERAL’S PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

Broadband, communications and the digital economy

 PORTFOLIO

Appropriation (plain figures)—2004‑2005

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

(a) for other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

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

(c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

 No other amounts in the table have been inserted.

Note 2: FMA Act Determination 2008/26 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Communications, Information Technology and the Arts.

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

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 other departmental items, the actual appropriation item is the amount in relation to an entity opposite the heading “Equity Injections”, or, opposite the heading “Loans”, or, opposite the heading “Previous Years Outputs”; and

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

(c) for State, Act, NT and local government items the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Payments to States, ACT, NT, and local government”; and

(d) for an administered assets and liabilities item the actual appropriation item is the amount set out in relation to an entity opposite the heading “Administered Assets and Liabilities”.

 No other amounts in the table have been amended.

Note 2: FMA Act Determination 2008/26 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Appropriation (plain figures)—2004‑2005

Actual Available Appropriation (italic figures)—2003‑2004