Appropriation Act (No. 5) 2006-2007

Appropriation Act (No. 5) 2006‑2007

Act No. 93 of 2007 as amended

This compilation was prepared on 6 August 2008
taking into account amendments up to FMA Act Determination 2008/50 — Section 32 (Transfer of Functions from the former DITR to DIISR)

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 etc.

5 Notional payments, receipts etc.

Part 2—Basic appropriations

6 Summary of basic appropriations

7 Departmental items—basic appropriation

8 Administered items—basic appropriation

9 Reduction of appropriations upon request

Part 3—Additions to basic appropriations

10 Advance to the Finance Minister

11 Comcover receipts

Part 4—Miscellaneous

12 Crediting amounts to Special Accounts

13 Appropriation of the Consolidated Revenue Fund

Schedule 1—Services for which money is appropriated

Notes

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 [see Note 1]

  This Act may be cited as the Appropriation Act (No. 5) 2006‑2007.

2  Commencement [see Note 1]

  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 of an entity 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.

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 2007.

departmental item means the total amount set out in Schedule 1 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 the Appropriation Act (No. 3) 2006‑2007 and the Bill for the Appropriation Act (No. 4) 2006‑2007.

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) 2006‑2007 and the Bill for the Appropriation Act (No. 2) 2006‑2007.

Portfolio Supplementary Additional Estimates Statements means the Portfolio Supplementary 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. 6) 2006‑2007.

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

4  Portfolio Budget Statements etc.

 (1) The Portfolio Budget Statements, Portfolio Additional Estimates Statements and Portfolio Supplementary 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 Additional Estimates Statements or Portfolio Supplementary 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 1 is $554,816,000.

Note 1: Items in Schedule 1 can be increased under section 13 of the Appropriation Act (No. 1) 2006‑2007 (as modified by section 11 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 an other departmental 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) Schedule 1 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 assets and liabilities item (in another Appropriation Act).

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

9  Reduction of appropriations upon request

 (1) The Finance Minister may, upon written request by a Minister, make a written determination reducing a 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 a 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 of that Act applies to the determination. However, Part 6 of that Act does not apply to the determination.

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

Part 3—Additions to basic appropriations

10  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 1; and

 (b) the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 1:

 (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 1 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:

 (a) under this section; and

 (b) under section 12 of the Appropriation Act (No. 1) 2006‑2007; and

 (c) under section 12 of the Appropriation Act (No. 3) 2006‑2007;

cannot be more than $175 million.

 (4) However, if:

 (a) an amount determined by the Finance Minister under section 12 of the Appropriation Act (No. 1) 2006‑2007 is recovered from:

 (i) an amount set out in Schedule 1 to the Appropriation Act (No. 3) 2006‑2007; or

 (ii) an amount set out in Schedule 1 to this Act; or

 (b) an amount determined by the Finance Minister under section 12 of the Appropriation Act (No. 3) 2006‑2007 is recovered from an amount set out in Schedule 1 to this Act;

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 nor Part 6 of the Legislative Instruments Act 2003 applies to the determination.

11  Comcover receipts

  After the commencement of this Act, section 13 of the Appropriation Act (No. 1) 2006‑2007 has effect as if the reference to an available item included a reference to:

 (a) an item in Schedule 1 to this Act; and

 (b) an item in Schedule 2 to the Appropriation Act (No. 6) 2006‑2007.

Note: Section 13 of the Appropriation Act (No. 1) 2006‑2007 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.

Part 4—Miscellaneous

12  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.

13  Appropriation of the Consolidated Revenue Fund

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

Schedule 1—Services for which money is appropriated

Note: See sections 6 and 13.

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 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: FMA Act Section 32 Determination 2008/50 amended the amount alongside Total: Department of Industry, Tourism and Resources, under the heading Departmental Outputs, to transfer an amount to the Department of Innovation, Industry, Science and Research.

INNOVATION, INDUSTRY, SCIENCE AND RESEARCH PORTFOLIO

Additional Appropriation (bold figures) — 2006‑2007

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 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 inserted.

Note 2: FMA Act Determination 2008/50 inserted the amount alongside Total: Department of Innovation, Industry, Science and Research, under the heading Departmental Outputs, to transfer an amount from the former Department of Industry, Tourism and Resources.

Notes to the Appropriation Act (No. 5) 2006-2007

Note 1

The Appropriation Act (No. 5) 2006-2007 as shown in this compilation comprises Act No. 93, 2007 amended as indicated in the Tables below.

Table of Acts/Instruments

Table of Amendments