Appropriation Act (No. 3) 2008-2009

Appropriation Act (No. 3) 2008‑2009

No. 21, 2009 as amended

Compilation start date:  10 May 2013

Includes amendments up to: FMA Act Determination 2013/02
     — Section 32 (Transfer of
     Functions from AGD to OPC)

About this compilation

The compiled Act

This is a compilation of the Appropriation Act (No. 3) 2008-2009 as amended and in force on 10 May 2013. It includes any amendment affecting the compiled Act to that date.

This compilation was prepared on 26 June 2013.

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

Uncommenced provisions and amendments

If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out 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—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments

FMA Act Determination 2010/05 — Section 32 (Transfer of Functions from DHS to DEEWR)

An Act to appropriate additional 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. 3) 2008‑2009.

2  Commencement

  This Act commences on the day on which it 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 Expenses”.

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 Expenses”.

Note: The amounts set out opposite outcomes for CAC Act bodies, under the heading “Administered Expenses”, 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 2009.

departmental item means the total amount set out in Schedule 1 in relation to an Agency 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.

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 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) 2008‑2009.

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) 2008‑2009 and the Bill for the Appropriation Act (No. 2) 2008‑2009.

Portfolio Statements means:

 (a) the Portfolio Budget Statements; and

 (b) the Portfolio Supplementary Estimates Statements; and

 (c) the Portfolio Additional Estimates Statements.

Portfolio Supplementary Estimates Statements means the Portfolio Supplementary Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for the Appropriation (Economic Security Strategy) Act (No. 1) 2008‑2009 and the Bill for the Appropriation (Economic Security Strategy) Act (No. 2) 2008‑2009.

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 $2,052,939,000.

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 Minister who is responsible for the Agency; or

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

 (6) 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 that subsection (1):

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

 (b) applies as if the amount specified in the annual report were the amount specified in the determination.

 (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 Minister who is responsible for the body; or

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

 (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.

13  Advance to the Finance Minister

 (1) If the Finance Minister determined an amount under subsection 14(2) of the Appropriation Act (No. 1) 2008‑2009 before the commencement of this Act, the amount is to be disregarded for the purposes of subsection 14(3) of that Act.

Note: This means that, after the commencement of this Act, the Finance Minister has access to $295 million under section 14 of the Appropriation Act (No. 1) 2008‑2009, regardless of amounts that have already been determined under that section.

 (2) If:

 (a) this Act appropriates an amount for particular expenditure; and

 (b) before the commencement of this Act, the Finance Minister determines an amount (the advanced amount) under section 14 of the Appropriation Act (No. 1) 2008‑2009 for the expenditure;

the amount appropriated by this Act for the expenditure is taken to be reduced (but not below nil) by the advanced amount.

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: 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 2010/37 — Section 32 (Transfer of Functions from AGD to DORA) amended an amount in this table alongside Outcome 3 under the heading “Administered Expenses”, to transfer an amount to the administered item for the Department of Regional Australia, Regional Development and Local Government.

Note 3: FMA Act Determination 2013/02 — Section 32 (Transfer of Functions from AGD to OPC) reduced the departmental 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 amount transferred from the departmental item for AGD was a component of an increase to the departmental item for OPC in Appropriation Act (No. 1) 2012‑2013.

Note: The table has been inserted by Financial Management and Accountability Act 1997 Determination 2010/14 – Section 32 (Transfer of Functions from OWO to OFWO). That determination inserted the amount alongside Total: Office of the Fair Work Ombudsman (OFWO), under the heading Departmental Outputs, to transfer an amount from the Office of the Workplace Ombudsman (OWO). The determination transferred the unspent appropriation of an agency since abolished and replaced by another agency of a different name.

Note 1: The table has been amended by a Determination under section 32 of 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 entity under the heading “Departmental Outputs”; and

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

 No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2010/14 – Section 32 (Transfer of Functions from OWO to OFWO) amended the amount alongside Total: Office of the Workplace Ombudsman, under the heading Departmental Outputs, to transfer an amount to the Office of the Fair Work Ombudsman. The determination transferred the unspent appropriation of an agency since abolished and replaced by another agency of a different name.