Appropriation Act (No. 6) 2004‑2005
No. 71, 2005
An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Portfolio Budget Statements etc.
5 Notional payments, receipts etc.
Part 2—Basic appropriations
6 Summary of basic appropriations
7 State payment items—basic appropriation
8 Administered items—basic appropriation
9 Administered assets and liabilities items—basic appropriation
10 Other departmental items—basic appropriation
11 Reduction of appropriations upon request
Part 3—Miscellaneous
12 Crediting amounts to Special Accounts
13 Conditions etc. applying to State payment items
14 Appropriation of the Consolidated Revenue Fund
Schedule 1—Payments to or for the States
Schedule 2—Services for which money is appropriated
Appropriation Act (No. 6) 2004-2005
No. 71, 2005
An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes
[Assented to 26 June 2005]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Appropriation Act (No. 6) 2004‑2005.
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 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 any of the following:
(a) an Agency within the meaning of the Financial Management and Accountability Act 1997;
(b) the High Court.
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 2005.
entity means any of the following:
(a) an Agency;
(b) a Commonwealth authority;
(c) a Commonwealth company;
(d) the Australian National Training Authority.
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 payment 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 the Appropriation Act (No. 3) 2004‑2005 and the Bill for the Appropriation Act (No. 4) 2004‑2005.
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) 2004‑2005 and the Bill for the Appropriation Act (No. 2) 2004‑2005.
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 the Appropriation (Tsunami Financial Assistance) Act 2004‑2005 and the Bill for the Appropriation (Tsunami Financial Assistance and Australia‑Indonesia Partnership) Act 2004‑2005.
Portfolio Supplementary Additional Estimates Statements No. 2 means the Portfolio Supplementary Additional Estimates Statements No. 2 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. 5) 2004‑2005.
Special Account has the same meaning as in the Financial Management and Accountability Act 1997.
State includes the Australian Capital Territory and the Northern Territory.
State payment item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Specific Payments to the States and Territories”.
4 Portfolio Budget Statements etc.
(1) The Portfolio Budget Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements and Portfolio Supplementary Additional Estimates Statements No. 2 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, Portfolio Supplementary Additional Estimates Statements or Portfolio Supplementary Additional Estimates Statements No. 2 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 $22,709,000.
Note 1: Items in Schedule 2 can be increased under section 13 of the Appropriation Act (No. 1) 2004‑2005 (as modified by section 10 of the Appropriation Act (No. 5) 2004‑2005).
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 State payment items—basic appropriation
(1) For a State payment 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 payment item for an outcome of an entity may only be applied for the purpose of making payments to or for the States for the purpose of contributing to achieving that outcome.
(3) A determination 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 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. 5) 2004‑2005; or
(c) in Schedule 1 to the Appropriation (Tsunami Financial Assistance and Australia‑Indonesia Partnership) Act 2004‑2005; or
(d) in Schedule 1 to the Appropriation (Tsunami Financial Assistance) Act 2004‑2005; or
(e) in Schedule 2 to the Appropriation Act (No. 4) 2004‑2005; or
(f) in Schedule 1 to the Appropriation Act (No. 3) 2004‑2005; or
(g) in Schedule 2 to the Appropriation Act (No. 2) 2004‑2005; or
(h) in Schedule 1 to the Appropriation Act (No. 1) 2004‑2005.
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.
11 Reduction of appropriations upon request
(1) The Finance Minister may, upon written request by a Minister, make a written determination under this section 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 under this section 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 under this section 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—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 Conditions etc. applying to State payment items
(1) This section applies to any payment made out of money appropriated by a State payment item for an outcome identified in column 2 of the table in Schedule 1.
(2) The payment:
(a) must be made on the applicable terms and conditions (if any) for that outcome; and
(b) must be made in the amounts, and at the times, that are determined in writing by the Minister specified in column 4 of the table.
(3) This section does not, by implication, limit the power of the Commonwealth to:
(a) apply terms and conditions to non‑State payments; or
(b) determine the amounts and times of non‑State payments.
(4) A determination under paragraph (2)(b) is not a legislative instrument.
(5) In this section:
applicable terms and conditions, in relation to an outcome identified in the table in Schedule 1, means terms and conditions from time to time determined (either before or after the commencement of this Act) in writing by the Minister specified in column 3 of the table as being the terms and conditions that apply to payments that are made to or for a State in relation to that outcome out of money appropriated by an annual Appropriation Act.
non‑State payment means a payment made out of money that is appropriated by the Parliament (either under this Act or another Act), other than a payment out of money appropriated by a State payment item.
(6) A determination of terms and conditions as mentioned in the definition of applicable terms and conditions in subsection (5) is not a legislative instrument.
14 Appropriation of the Consolidated Revenue Fund
The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.
Schedule 1—Payments to or for the States
Note: See section 13.
Column 1 | Column 2 | Column 3 | Column 4 |
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| Minister | Minister |
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| determining | determining |
Agency | Outcome | conditions | payments |
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Department of Agriculture, Fisheries and Forestry | More sustainable, competitive and profitable Australian agricultural, food, fisheries and forestry industries | Minister for Agriculture, Fisheries and Forestry | Minister for Agriculture, Fisheries and Forestry |
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|
Attorney‑General’s Department | An equitable and accessible system of federal civil justice | Attorney‑General | Attorney‑General |
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|
Attorney‑General’s Department | Coordinated federal criminal justice, security and emergency management activity, for a safer Australia. | Attorney‑General | Attorney‑General |
Office of Film and Literature Classification | Australians make informed decisions about films, publications and computer games which they, or those in their care may view, read or play | Attorney‑General | Attorney‑General |
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|
Department of Communications, Information Technology and the Arts | Development of a stronger and internationally competitive Australian sports sector and encouragement of greater participation in sport by all Australians | Minister for Communications, Information Technology and the Arts | Minister for Communications, Information Technology and the Arts |
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|
Department of Veterans’ Affairs | Eligible veterans, serving and former defence force members, their war widows and widowers and dependants have access to health and other care services that promote and maintain self‑sufficiency, well‑being and quality of life | Minister for Veterans’ Affairs | Minister for Veterans’ Affairs |
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Department of the Environment and Heritage | The environment, especially those aspects that are matters of national environmental significance, is protected and conserved | Minister for the Environment and Heritage | Minister for the Environment and Heritage |
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| Continued |
Department of Family and Community Services | Families are Strong ‑ Services and assistance that: contribute to children and young people having the best possible start to life; promote healthy family relationships; allow families to adapt to changing economic and social conditions; and encourage families that nurture individuals and take an active part in their community | Minister for Family and Community Services | Minister for Family and Community Services |
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Department of Family and Community Services | Communities are Strong ‑ Services and assistance that: encourage communities to be self‑reliant and to connect with their members; and promote partnerships between business, communities and governments | Minister for Family and Community Services | Minister for Family and Community Services |
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Department of Family and Community Services | Individuals reach their Potential ‑ Services and assistance that: facilitate people to participate actively in economic and community life, work to their capacity, access a responsive and sustainable safety net and fully develop their capabilities | Minister for Family and Community Services | Minister for Family and Community Services |
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Department of Health and Ageing | To promote and protect the health of all Australians and minimise the incidence of preventable mortality, illness, injury and disability | Minister for Health and Ageing | Minister for Health and Ageing |
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Department of Health and Ageing | Access through Medicare to cost‑effective medical services, medicines and acute health care for all Australians | Minister for Health and Ageing | Minister for Health and Ageing |
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Department of Health and Ageing | Support for healthy ageing for older Australians and quality and cost‑effective care for frail older people and support for their carers | Minister for Health and Ageing | Minister for Health and Ageing |
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Department of Health and Ageing | Improved quality, integration and effectiveness of health care | Minister for Health and Ageing | Minister for Health and Ageing |
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Continued |
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Department of Health and Ageing | Improved health outcomes for Australians living in regional, rural and remote locations. | Minister for Health and Ageing | Minister for Health and Ageing |
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Department of Immigration and Multicultural and Indigenous Affairs | A society which values Australian | Minister for Immigration and Multicultural and Indigenous Affairs | Minister for Immigration and Multicultural and Indigenous Affairs |
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Department of Industry, Tourism and Resources | A stronger, sustainable and internationally competitive Australian industry, comprising the manufacturing, resources and services sectors | Minister for Industry, Tourism and Resources | Minister for Industry, Tourism and Resources |
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Department of Transport and Regional Services | A better transport system for Australia | Minister for Transport and Regional Services | Minister for Transport and Regional Services |
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Department of Transport and Regional Services | Greater recognition and development opportunities for local, regional and territory communities | Minister for Transport and Regional Services | Minister for Transport and Regional Services |
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Department of the Treasury | Effective government spending and taxation arrangements | Treasurer | Treasurer |
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Department of the Treasury | Well functioning markets | Treasurer | Treasurer |
Schedule 2—Services for which money is appropriated
Note: See sections 6 and 14.
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Abstract |
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Page |
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|
Reference | Portfolio | Total |
|
| $'000 |
|
|
|
18 | Attorney‑General’s | 4,000 |
19 | Defence | 18,119 |
21 | Family and Community Services | 21 |
22 | Finance and Administration | 569 |
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| Total | 22,709 |
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APPROPRIATIONS |
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Summary
Supplementary Appropriation (bold figures) — 2004‑2005
Actual Available Appropriation (italic figures) — 2004‑2005
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| Specific |
|
|
|
| Payments to | New |
|
|
| the States and | Administered | Non‑ |
|
Portfolio | Territories | Expenses | operating | Total |
| $'000 | $'000 | $'000 | $'000 |
|
|
|
|
|
Agriculture, Fisheries and Forestry | ‑ | ‑ | ‑ | ‑ |
| 390,439 | ‑ | 5,860 | 396,299 |
|
|
|
| Continued |
Attorney‑General’s | 4,000 | ‑ | ‑ | 4,000 |
| 95,908 | ‑ | 114,038 | 209,946 |
|
|
|
| Continued |
Communications, Information | ‑ | ‑ | ‑ | ‑ |
Technology and the Arts | 1,125 | ‑ | 29,292 | 30,417 |
|
|
|
| Continued |
Defence | ‑ | ‑ | 18,119 | 18,119 |
| 7,290 | ‑ | 390,242 | 397,532 |
|
|
|
| Continued |
Education, Science and Training | ‑ | ‑ | ‑ | ‑ |
| ‑ | ‑ | 50,916 | 50,916 |
|
|
|
| Continued |
Employment and Workplace Relations | ‑ | ‑ | ‑ | ‑ |
| ‑ | ‑ | 39,340 | 39,340 |
|
|
|
| Continued |
Environment and Heritage | ‑ | ‑ | ‑ | ‑ |
| 25,638 | ‑ | 25,900 | 51,538 |
|
|
|
| Continued |
Family and Community Services | ‑ | ‑ | 21 | 21 |
| 1,969,892 | ‑ | 650 | 1,970,542 |
|
|
|
| Continued |
Finance and Administration | ‑ | ‑ | 569 | 569 |
| ‑ | ‑ | 269,369 | 269,369 |
|
|
|
| Continued |
Foreign Affairs and Trade | ‑ | ‑ | ‑ | ‑ |
| ‑ | 1,000,830 | 189,617 | 1,190,447 |
|
|
|
| Continued |
Health and Ageing | ‑ | ‑ | ‑ | ‑ |
| 1,080,299 | ‑ | 60,644 | 1,140,943 |
|
|
|
| Continued |
Immigration and Multicultural and | ‑ | ‑ | ‑ | ‑ |
Indigenous Affairs | 2,140 | ‑ | 59,677 | 61,817 |
|
|
|
| Continued |
Industry, Tourism and Resources | ‑ | ‑ | ‑ | ‑ |
| 50,825 | ‑ | 172,628 | 223,453 |
|
|
|
| Continued |
Prime Minister and Cabinet | ‑ | ‑ | ‑ | ‑ |
| ‑ | 50,000 | 7,682 | 57,682 |
|
|
|
|
|
Continued |
|
|
|
|
Summary
Supplementary Appropriation (bold figures) — 2004‑2005
Actual Available Appropriation (italic figures) — 2004‑2005
|
|
|
|
|
| Specific |
|
|
|
| Payments to | New |
|
|
| the States and | Administered | Non‑ |
|
Portfolio | Territories | Expenses | operating | Total |
| $'000 | $'000 | $'000 | $'000 |
|
|
|
|
|
Transport and Regional Services | ‑ | ‑ | ‑ | ‑ |
| 155,486 | ‑ | 102,192 | 257,678 |
|
|
|
| Continued |
Treasury | ‑ | ‑ | ‑ | ‑ |
| 178,458 | ‑ | 63,666 | 242,124 |
|
|
|
| Continued |
Total: Bill 6 | 4,000 | ‑ | 18,709 | 22,709 |
| 3,957,500 | 1,050,830 | 1,581,713 | 6,590,043 |
ATTORNEY‑GENERAL’S PORTFOLIO
Supplementary Appropriation (bold figures) — 2004‑2005
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
|
|
|
|
|
|
| Specific |
|
|
|
| Payments to | New |
|
|
| the States and | Administered |
|
|
| Territories | Expenses | Total |
|
| $'000 | $'000 | $'000 |
ATTORNEY‑GENERAL’S DEPARTMENT |
|
|
| |
Operating |
|
|
| |
| Outcome 2 ‑ |
|
|
|
| Coordinated federal criminal justice, | 4,000 | ‑ | 4,000 |
| security and emergency management | ‑ | ‑ | ‑ |
| activity, for a safer Australia | ‑ | ‑ | ‑ |
|
|
|
|
|
Total: Attorney‑General’s Department | 4,000 | ‑ | 4,000 | |
DEFENCE PORTFOLIO
Supplementary Appropriation (bold figures) — 2004‑2005
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
|
|
|
|
|
|
| Specific |
|
|
|
| Payments to | New |
|
|
| the States and | Administered |
|
|
| Territories | Expenses | Total |
|
| $'000 | $'000 | $'000 |
DEPARTMENT OF DEFENCE |
|
|
| |
Non‑operating |
|
|
| |
| Equity Injections |
|
| 17,300 |
|
|
|
| 375,986 |
|
|
|
| 706,334 |
Total: Department of Defence | ‑ | ‑ | 17,300 | |
DEFENCE PORTFOLIO
Supplementary Appropriation (bold figures) — 2004‑2005
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
|
|
|
|
|
|
| Specific |
|
|
|
| Payments to | New |
|
|
| the States and | Administered |
|
|
| Territories | Expenses | Total |
|
| $'000 | $'000 | $'000 |
DEPARTMENT OF VETERANS’ AFFAIRS |
|
|
| |
Non‑operating |
|
|
| |
| Equity Injections |
|
| 819 |
|
|
|
| 857 |
|
|
|
| 8,006 |
Total: Department of Veterans’ Affairs | ‑ | ‑ | 819 | |
FAMILY AND COMMUNITY SERVICES PORTFOLIO
Supplementary Appropriation (bold figures) — 2004‑2005
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
|
|
|
|
|
|
| Specific |
|
|
|
| Payments to | New |
|
|
| the States and | Administered |
|
|
| Territories | Expenses | Total |
|
| $'000 | $'000 | $'000 |
AUSTRALIAN INSTITUTE OF FAMILY STUDIES |
|
|
| |
Non‑operating |
|
|
| |
| Equity Injections |
|
| 21 |
|
|
|
| ‑ |
|
|
|
| ‑ |
Total: Australian Institute of Family | ‑ | ‑ | 21 | |
Studies |
|
| ‑ | |
FINANCE AND ADMINISTRATION PORTFOLIO
Supplementary Appropriation (bold figures) — 2004‑2005
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
|
|
|
|
|
|
| Specific |
|
|
|
| Payments to | New |
|
|
| the States and | Administered |
|
|
| Territories | Expenses | Total |
|
| $'000 | $'000 | $'000 |
HEALTH INSURANCE COMMISSION |
|
|
| |
Non‑operating |
|
|
| |
| Equity Injections |
|
| 569 |
|
|
|
| 19,409 |
|
|
|
| 34,197 |
Total: Health Insurance Commission | ‑ | ‑ | 569 | |
[Minister’s second reading speech made in—
House of Representatives on 10 May 2005
Senate on 21 June 2005]
(58/05)