Appropriation Act (No. 4) 2011-2012

Appropriation Act (No. 4) 2011‑2012

Act No. 31 of 2012 as amended

This compilation was prepared on 27 June 2012
taking into account amendments up to Financial Management and Accountability Act 1997 Determination 2012/24 – Section 32 (Transfer of Functions from DCCEE to CER)

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—Appropriation items 

6 Summary of appropriations

7 State, ACT, NT and local government items

8 Administered items

9 Administered assets and liabilities items

10 Other departmental items

11 CAC Act body payment items

Part 3—Adjusting appropriation items 

12 Reducing State, ACT, NT and local government items and administered items

13 Reducing administered assets and liabilities items and other departmental items

14 Reducing CAC Act body payment items

15 Advance to the Finance Minister

Part 4—General drawing rights limits 

16 General drawing rights limits

Part 5—Miscellaneous

17 Crediting amounts to Special Accounts

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

19 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

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) 2011‑2012.

2  Commencement [see Note 1]

  This Act commences on the day this Act 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 Agency opposite the heading “Administered Assets and Liabilities”.

administered item means an amount set out in Schedule 2 opposite an outcome for an Agency under the heading “New Administered Outcomes”.

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 amount set out in Schedule 2 in relation to a CAC Act body under the heading “Non‑operating”.

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 2012.

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;

 (e) a CAC Act body payment item.

other departmental item means an amount set out in Schedule 2 in relation to an Agency opposite the heading “Equity Injections”.

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) 2011‑2012.

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) 2011‑2012 and the Bill for the Appropriation Act (No. 2) 2011‑2012.

Portfolio Statements means:

 (a) the Portfolio Budget Statements; and

 (b) the Portfolio Additional Estimates Statements.

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 for an Agency under the heading “Payments to States, ACT, NT and local government”.

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 2 is $341,102,000.

Note 1: Items in Schedule 2 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  State, ACT, NT and local government items

 (1) The amount specified in a State, ACT, NT and local government item for an outcome for an Agency may 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.

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.

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  Administered assets and liabilities items

 (1) The amount specified in an administered assets and liabilities item for an Agency may be applied for expenditure for the purpose of contributing to achieving any outcome specified for the Agency:

 (a) in Schedule 2 to this Act; or

 (b) in Schedule 1 to the Appropriation Act (No. 3) 2011‑2012; or

 (c) in Schedule 2 to the Appropriation Act (No. 2) 2011‑2012; or

 (d) in Schedule 1 to the Appropriation Act (No. 1) 2011‑2012.

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.

10  Other departmental items

  The amount specified in an other 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.

11  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 2 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

12  Reducing State, ACT, NT and local government items and 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 an Agency in respect of:

 (i) a State, ACT, NT and local government item for the Agency; or

 (ii) 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:

 (a) determine that subsection (1):

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

 (ii) applies as if the amount specified in the annual report were the amount specified in the determination; or

 (b) if the report does not specify the required amount—determine an amount that is taken to be the required amount for the purposes of subsection (1).

 (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.

13  Reducing administered assets and liabilities items and other departmental items

 (1) A written request to reduce an administered assets and liabilities item or an other departmental item for an Agency may be made to the Finance Minister by:

 (a) the Prime Minister or a Minister acting on behalf of the Prime Minister; or

 (b) the Minister who is responsible for the Agency; or

 (c) 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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied.

 (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.

14  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 Prime Minister or a Minister acting on behalf of the Prime Minister; or

 (b) the Minister who is responsible for the body; or

 (c) 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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied.

 (6) Subsection 11(2) does not limit the reduction of a CAC Act body payment item under this section.

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

 (8) 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.

15  Advance to the Finance Minister

 (1) If the Finance Minister determined an amount under subsection 15(2) of the Appropriation Act (No. 2) 2011‑2012 before the commencement of this Act, the amount is to be disregarded for the purposes of subsection 15(3) of that Act.

Note: This means that, after the commencement of this Act, the Finance Minister has access to $380 million under section 15 of the Appropriation Act (No. 2) 2011‑2012, 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 15 of the Appropriation Act (No. 2) 2011‑2012 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—General drawing rights limits

16  General drawing rights limits

Building Australia Fund

 (1) On and after the commencement of this Act, subsection 16(1) of the Appropriation Act (No. 2) 2011‑2012 has effect as if the general drawing rights limit specified in that subsection were $2,225,700,000.

Note: This increases the Building Australia Fund general drawing rights limit for the current year by $269,500,000.

Education Investment Fund

 (2) On and after the commencement of this Act, subsection 16(2) of the Appropriation Act (No. 2) 2011‑2012 has effect as if the general drawing rights limit specified in that subsection were $929,554,000.

Note: This reduces the Education Investment Fund general drawing rights limit for the current year by $131,751,000.

Health and Hospitals Fund

 (3) On and after the commencement of this Act, subsection 16(3) of the Appropriation Act (No. 2) 2011‑2012 has effect as if the general drawing rights limit specified in that subsection were $1,500,007,000.

Note: This increases the Health and Hospitals Fund general drawing rights limit for the current year by $212,887,000.

Part 5—Miscellaneous

17  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.

18  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.

19  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 18.

Schedule 2—Services for which money is appropriated

Note: See sections 6 and 19.

Note 1: The table has been amended by determinations 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 Outcomes”.

 No other amounts in the table have been amended.

Note 2: Financial Management and Accountability Act 1997 Determination 2012/24 — Section 32 (Transfer of Functions from DCCEE to CER) amended the amount alongside Equity Injections under the heading “Total”, to transfer an amount from the Department of Climate Change and Energy Efficiency to the Clean Energy Regulator due to a government decision to transfer functions regarding the administration of the carbon pricing mechanism, Renewable Energy Target, Carbon Farming Initiative and the National Greenhouse and Energy Reporting Systems from DCCEE to CER.