Appropriation Act (No. 4) 2007-2008

Appropriation Act (No. 4) 2007‑2008

Act No. 16 of 2008 as amended

This compilation was prepared on 7 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 Portfolio Statements

5 Notional payments, receipts etc.

Part 2—Basic appropriations

6 Summary of basic appropriations

7 State, ACT, NT and local government items—basic appropriation

8 Administered items—basic appropriation

9 Administered assets and liabilities items—basic appropriation

10 Other departmental items—basic appropriation

Part 3—Adjustments to basic appropriations

11 Reduction of appropriations upon request

12 Advance to the Finance Minister

Part 4—Miscellaneous

13 Crediting amounts to Special Accounts

14 Conditions etc. applying to State, ACT, NT and local government items

15 Appropriation of the Consolidated Revenue Fund

Schedule 1—Payments to or for the States, ACT, NT and local government

Schedule 2—Services for which money is appropriated [see
Note 2] 

Notes 

An Act to appropriate additional 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. 4) 2007‑2008.

2  Commencement [see Note 1]

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

3  Definitions

  In this Act:

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:

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

 (b) the High Court of Australia.

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 2008.

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 any of the following:

 (a) a State, ACT, NT and local government 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 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. 3) 2007‑2008.

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) 2007‑2008 and the Bill for the Appropriation Act (No. 2) 2007‑2008.

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 (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008 and the Bill for the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008.

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

State, ACT, NT and local government item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Payments to States, ACT, NT and local government”.

4  Portfolio Statements

 (1) The Portfolio Budget Statements, Portfolio Supplementary Estimates 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, Portfolio Supplementary Estimates 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 Schedule 2 is $898,489,000.

Note 1: Items in Schedule 2 can be adjusted under Part 3 of this Act and under section 12 of the Appropriation Act (No. 1) 2007‑2008 (as modified by section 13 of the Appropriation Act (No. 3) 2007‑2008).

Note 2: See also sections 30 to 32 of the Financial Management and Accountability Act 1997, which provide for adjustments of amounts appropriated by this Act.

7  State, ACT, NT and local government items—basic appropriation

 (1) For a State, ACT, NT and local government 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, ACT, NT and local government item for an outcome of an entity may only be applied for the purpose of making payments to or for the States, the Australian Capital Territory, the Northern Territory and local government authorities for the purpose of contributing to achieving that outcome.

 (3) A determination made under paragraph (1)(b) is not a legislative instrument.

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.

 (3) A determination made under paragraph (1)(b) is not a legislative instrument.

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. 3) 2007‑2008; or

 (c) in Schedule 2 to the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008; or

 (d) in Schedule 1 to the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008; or

 (e) in Schedule 2 to the Appropriation Act (No. 2) 2007‑2008; or

 (f) in Schedule 1 to the Appropriation Act (No. 1) 2007‑2008.

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.

Part 3—Adjustments to basic appropriations

11  Reduction of appropriations upon request

 (1) The Finance Minister may, upon written request by a Minister, make a written determination 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 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 made under subsection (1) or (2) applies despite any other provision of this Act.

 (9) A determination made under subsection (1) or (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.

 (10) A written request made under subsection (1) or (2) is not a legislative instrument.

12  Advance to the Finance Minister

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

 (a) there is an urgent need for expenditure, in the current year, 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 by the Finance Minister:

 (a) under this section; and

 (b) under section 12 of the Appropriation Act (No. 2) 2007‑2008;

cannot be more than $215 million.

 (4) However, if an amount determined by the Finance Minister under section 12 of the Appropriation Act (No. 2) 2007‑2008 is recovered from an amount set out in:

 (a) Schedule 2 to this Act; or

 (b) Schedule 2 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 2007‑2008;

the determined amount is to be disregarded for the purposes of subsection (3).

 (5) 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

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  Conditions etc. applying to State, ACT, NT and local government items

 (1) This section applies to any payment made out of money appropriated by a State, ACT, NT and local government item for an outcome specified in column 2 of the table in Schedule 1.

 (2) The payment:

 (a) must be made on the terms and conditions (if any) from time to time determined, in the way described in subsection (3), as applying to payments made:

 (i) in relation to the outcome; and

 (ii) to or for a State, the Australian Capital Territory, the Northern Territory or a local government authority; and

 (iii) out of money appropriated by an annual Appropriation Act; and

 (b) must be made in accordance with any determination in writing made by the Minister specified, in column 4 of the table in Schedule 1, for the outcome as to amounts and times of payments.

 (3) The way of determining the terms and conditions applying to payments described in paragraph (2)(a) is for the Minister specified, in column 3 of the table in Schedule 1, for the outcome to make the determination in writing before or after the commencement of this Act.

 (4) Determinations mentioned in paragraph (2)(a) and determinations made under paragraph (2)(b) are not legislative instruments.

 (5) This section does not limit the Commonwealth’s power to:

 (a) apply terms and conditions to payments made out of money that is not appropriated by a State, ACT, NT and local government item; or

 (b) determine the amounts and times of those payments.

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—Payments to or for the States, ACT, NT and local government

Note: See section 14.

Schedule 2—Services for which money is appropriated [see Note 2]

Note: See sections 6 and 15.

Continued

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 other departmental items, the actual appropriation item is the amount in relation to an agency 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 agency 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 agency 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 agency opposite the heading “Administered Assets and Liabilities”.

 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 the amount opposite “Administered Assets and Liabilities”, under the heading “Total”, to transfer an amount to the Administered Assets and Liabilities item for the Department of Regional Australia, Regional Development and Local Government.

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 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: Financial Management and Accountability Act 1997 Determination 2010/14 – Section 32 (Transfer of Functions from OWO to OFWO) amended the amount alongside Equity Injections, under the heading Total, 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.

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 Section 32 Determination 2008/24 amended the amount alongside Equity Injections, under the heading Total, to transfer an amount to the Australian Research Council.

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 Section 32 Determination 2008/24 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the Department of Innovation, Industry, Science and Research.