Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012‑2013
No. 164, 2012
An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure in relation to implementation of the Report of the Expert Panel on Asylum Seekers, and for related purposes
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 Administered assets and liabilities items
8 Other departmental items
Part 3—Adjusting appropriation items
9 Reducing administered assets and liabilities items and other departmental items
Part 4—Miscellaneous
10 Crediting amounts to Special Accounts
11 Appropriation of the Consolidated Revenue Fund
Schedule 1—Services for which money is appropriated
Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012-2013
No. 164, 2012
An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure in relation to implementation of the Report of the Expert Panel on Asylum Seekers, and for related purposes
[Assented to 28 November 2012]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012‑2013.
2 Commencement
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 1 in relation to an Agency opposite the heading “Administered Assets and Liabilities”.
administered item means an amount set out in Schedule 1 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.
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 2013.
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 1 in relation to an Agency opposite the heading “Equity Injections”.
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) 2012‑2013 and the Bill for the Appropriation Act (No. 2) 2012‑2013.
Portfolio Statements means:
(a) the Portfolio Budget Statements; and
(b) the Portfolio Supplementary 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 this Act and the Bill for the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013.
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 1 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 1 is $267,980,000.
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 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 1 to this Act; or
(b) in Schedule 1 to the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 1) 2012‑2013; or
(c) in Schedule 2 to the Appropriation Act (No. 2) 2012‑2013; or
(d) in Schedule 1 to the Appropriation Act (No. 1) 2012‑2013.
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 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.
Part 3—Adjusting appropriation items
9 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.
Part 4—Miscellaneous
10 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.
11 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 11.
Abstract |
|
|
Page Reference |
Portfolio |
Total |
|
| $'000 |
|
|
|
12 | Immigration and Citizenship | 267,980 |
|
|
|
| Total | 267,980 |
|
|
|
|
|
|
|
APPROPRIATIONS |
|
|
|
|
Summary Summary of Appropriations (bold figures)—2012‑2013 Budget Appropriation (italic figures)—2012‑2013 | ||||
| ||||
Portfolio | Payments to States, ACT, NT and local government |
New Administered Outcomes |
Non‑ operating |
Total |
| $'000 | $'000 | $'000 | $'000 |
|
|
|
|
|
Agriculture, Fisheries and Forestry | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 1,000 | 1,000 | |
|
|
|
|
|
Attorney‑General’s | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 216,291 | 216,291 | |
|
|
|
|
|
Broadband, Communications and the Digital Economy | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 4,843,005 | 4,843,005 | |
|
|
|
|
|
Climate Change and Energy Efficiency | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 17,857 | 17,857 | |
|
|
|
|
|
Defence | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 18,421 | 18,421 | |
|
|
|
|
|
Education, Employment and Workplace Relations | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 6,520 | 6,520 | |
|
|
|
|
|
Families, Housing, Community Services and Indigenous Affairs | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 66,056 | 66,056 | |
|
|
|
|
|
Finance and Deregulation | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 197,556 | 197,556 | |
|
|
|
|
|
Foreign Affairs and Trade | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 585,705 | 585,705 | |
|
|
|
|
|
Health and Ageing | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 72,303 | 72,303 | |
|
|
|
|
|
Human Services | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 41,071 | 41,071 | |
|
|
|
|
|
Immigration and Citizenship | ‑ | ‑ | 267,980 | 267,980 |
‑ | ‑ | 24,556 | 24,556 | |
|
|
|
|
|
Industry, Innovation, Science, Research and Tertiary Education | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 43,722 | 43,722 | |
|
|
|
|
|
Infrastructure and Transport | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 3,561 | 3,561 | |
|
|
|
|
|
Prime Minister and Cabinet | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 9,600 | 9,600 | |
|
|
|
|
|
Regional Australia, Local Government, Arts and Sport | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 62,449 | 62,449 | |
|
|
|
|
|
Resources, Energy and Tourism | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 200 | 200 | |
|
|
|
|
|
Sustainability, Environment, Water, Population and Communities Continued | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 200,427 | 200,427 | |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Treasury | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 141,047 | 141,047 | |
|
|
|
|
|
Total: | ‑ | ‑ | 267,980 | 267,980 |
‑ | ‑ | 6,551,347 | 6,551,347 | |
Immigration and Citizenship PORTFOLIO Summary Summary of Appropriations (bold figures)—2012‑2013 Budget Appropriation (italic figures)—2012‑2013 | ||||
|
|
|
|
|
Entity | Payments to States, ACT, NT and local government |
New Administered Outcomes |
Non‑ operating |
Total |
| $'000 | $'000 | $'000 | $'000 |
|
|
|
|
|
Department of Immigration and Citizenship | ‑ | ‑ | 267,980 | 267,980 |
‑ | ‑ | 24,515 | 24,515 | |
|
|
|
|
|
Migration Review Tribunal and Refugee Review Tribunal | ‑ | ‑ | ‑ | ‑ |
‑ | ‑ | 41 | 41 | |
|
|
|
|
|
Total: Immigration and Citizenship | ‑ | ‑ | 267,980 | 267,980 |
‑ | ‑ | 24,556 | 24,556 | |
Immigration and Citizenship PORTFOLIO Additional Appropriation (bold figures)—2012‑2013 Budget Appropriation (italic figures)—2012‑2013 Actual Available Appropriation (light figures)—2011‑2012 | |||
| |||
| Payments to States, ACT, NT and local government |
New Administered Outcomes |
Total |
| $'000 | $'000 | $'000 |
DEPARTMENT OF IMMIGRATION AND CITIZENSHIP |
|
|
|
Non‑operating |
|
|
|
Equity Injections |
|
| 600 |
|
| 24,515 | |
|
| 11,698 | |
Administered Assets and Liabilities |
|
| 267,380 |
|
| ‑ | |
|
| 23,966 | |
Total: Department of Immigration and Citizenship | ‑ | ‑ | 267,980 |
[Minister’s second reading speech made in—
House of Representatives on 30 October 2012
Senate on 31 October 2012]
(191/12)