Appropriation Act (No. 3) 2001-2002

Administered by Department of Finance

Legislation au C2004A00939 Not in force Act

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Appropriation Act (No. 3) 2001‑2002

 

No. 2, 2002

 

 

 

 

 

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

 

 

 

Contents

Part 1—Preliminary

1 Short title...................................

2 Commencement...............................

3 Definitions..................................

4 Portfolio Budget Statements and Portfolio Additional Estimates Statements             

5 Notional payments, receipts etc.......................

Part 2—Basic appropriations

6 Summary of basic appropriations.....................

7 Departmental items—basic appropriation................

8 Administered items—basic appropriation................

Part 3—Additions to basic appropriations

9 Net appropriations..............................

10 Departmental items—adjustments.....................

11 Advance to the Finance Minister—unforeseen expenditure etc....

12 Comcover receipts..............................

Part 4—Miscellaneous

13 Crediting amounts to Special Accounts..................

14 Appropriation of the Consolidated Revenue Fund...........

Schedule 1—Services for which money is appropriated 11

 

 

 

Appropriation Act (No. 3) 2001-2002

No. 2, 2002

 

 

 

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

[Assented to 4 April 2002]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Appropriation Act (No. 3) 2001‑2002.

2  Commencement

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

3  Definitions

  In this Act, unless the contrary intention appears:

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

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

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

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

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 2002.

departmental item means the total amount set out in the Schedule in relation to an entity 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.

entity means any of the following:

 (a) an Agency;

 (b) a Commonwealth authority;

 (c) a Commonwealth company.

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 or a departmental item.

Portfolio Additional Estimates Statements means the Portfolio Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act and the Bill for the Appropriation Act (No. 4) 2001‑2002.

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 the Appropriation Act (No. 1) 2001‑2002 and the Bill for the Appropriation Act (No. 2) 2001‑2002.

section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997.

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

4  Portfolio Budget Statements and Portfolio Additional Estimates Statements

 (1) The Portfolio Budget Statements and Portfolio Additional Estimates 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 or Portfolio Additional Estimates 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 the Schedule is $1,457,690,000.

Note 1: Items in the Schedule can be increased under Part 3 of this Act and under section 12 of the Appropriation Act (No. 1) 2001‑2002 (as modified by section 12 of this Act).

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  Departmental items—basic appropriation

 (1) For a 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, subsections (3) and (4) impose 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 item for an entity may only be applied for the departmental expenditure of the entity.

Note: The acquisition of new departmental assets will usually be funded from a departmental capital item (in another Appropriation Act).

 (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) the Schedule contains a 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.

 (4) If a departmental item for an Agency includes provision for payment of remuneration and allowances to the holder of:

 (a) a public office (within the meaning of the Remuneration Tribunal Act 1973); or

 (b) an office specified in a Schedule to the Remuneration and Allowances Act 1990;

then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund, under that item, amounts that are sufficient to pay the remuneration and allowances and must apply the amounts for that purpose.

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 capital item (in another Appropriation Act).


Part 3—Additions to basic appropriations

 

9  Net appropriations

 (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, each departmental item is taken to be marked “net appropriation”.

10  Departmental items—adjustments

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

 (2) The total of the amounts determined by the Finance Minister:

 (a) under this section; and

 (b) under section 10 of the Appropriation Act (No. 1) 2001‑2002;

cannot be more than $20 million.

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

11  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 the Schedule; and

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

 (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 the Schedule 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 by the Finance Minister:

 (a) under this section; and

 (b) under section 11 of the Appropriation Act (No. 1) 2001‑2002;

cannot be more than $175 million.

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

12  Comcover receipts

  After the commencement of this Act, section 12 of the Appropriation Act (No. 1) 2001‑2002 has effect as if the reference to an available item included a reference to:

 (a) an item in the Schedule to this Act; and

 (b) an item in Schedule 2 to the Appropriation Act (No. 4) 2001‑2002.

Note: Section 12 of the Appropriation Act (No. 1) 2001‑2002 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.


Part 4—Miscellaneous

 

13  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.

14  Appropriation of the Consolidated Revenue Fund

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

 

Overview

The Appropriation Act (No. 3) 2001-2002, enacted by the Parliament of Australia and assented to on 4 April 2002, provides the legal framework for the appropriation of additional funds from the Consolidated Revenue Fund for the ordinary annual services of the Government for the financial year ending on 30 June 2002. This Act addresses the need to allocate financial resources to various government entities and activities, ensuring that they have the necessary funding to carry out their functions effectively. The Act outlines the basic appropriations, which include departmental and administered items, and allows for adjustments and additional appropriations in response to unforeseen circumstances or through agreements under section 31 of the Financial Management and Accountability Act 1997. Additionally, the Act facilitates the appropriation of Comcover receipts and specifies the conditions under which amounts may be credited to Special Accounts.

Scope and Application

The Appropriation Act (No. 3) 2001-2002 applies to the ordinary annual services of the Commonwealth Government for the financial year ending 30 June 2002. It authorises the appropriation of additional money out of the Consolidated Revenue Fund to cover departmental and administered expenses for various entities, which include Agencies, Commonwealth authorities, and Commonwealth companies. The Act permits the Finance Minister to issue amounts from the Consolidated Revenue Fund for these expenses, with certain conditions and obligations to issue funds in specific circumstances, such as when an Act mandates payments to an entity or when an item includes provisions for payment of remuneration and allowances to public office holders. The Act also includes provisions for adjustments and increases to basic appropriations, subject to certain thresholds, and allows for the treatment of notional transactions between Agencies as if they were real transactions. The geographic reach of the Act is national, as it applies to the Commonwealth Government, and it extends to all entities that fall under its definition, including those operating across different states and territories within Australia. The Act does not specify any exclusions or exemptions but does note that the amounts issued for departmental and administered items are subject to adjustments and increases under certain conditions, thereby extending its application through subordinate instruments.

Key Provisions

The Appropriation Act (No. 3) 2001-2002 (the Act) primarily focuses on the appropriation of funds from the Consolidated Revenue Fund for the ordinary annual services of the Government for the financial year ending on 30 June 2002. Section 6 indicates that the total of the items specified in the Schedule is $1,457,690,000. Section 7 deals with departmental items, permitting the Finance Minister to issue amounts out of the Consolidated Revenue Fund that do not exceed the specified amount for departmental expenditure. It is important to note that the Finance Minister must issue certain amounts if an Act mandates payments from appropriated funds, or if the item includes provisions for remuneration and allowances (section 7(3) and (4)). For administered items, Section 8 allows the Finance Minister to issue amounts that do not exceed the lesser of the specified amount or the expenses incurred by the entity in the current year. The Act imposes several obligations on the parties it governs. Firstly, the Finance Minister is required to issue amounts out of the Consolidated Revenue Fund under specific circumstances, such as when an Act mandates payments from appropriated funds or when the item includes provisions for remuneration and allowances (section 7(3) and (4)). Additionally, the Finance Minister must give the Parliament details of any increases made under sections 10 and 11 (section 10(3) and 11(4)). The Act also allows for the crediting of amounts to Special Accounts if any of the purposes of a Special Account is covered by an item (section 13). Breach of the provisions of the Act may lead to civil or criminal consequences, depending on the nature and severity of the breach. However, the Act itself does not explicitly state any specific offences, penalties, or consequences for breach. Instead, the consequences would likely be determined by other relevant legislation, such as the Financial Management and Accountability Act 1997 or the Public Service Act 1999, which may impose penalties or consequences for breaches of their respective provisions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.