Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008

Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008

Act No. 127 of 2007 as amended

This compilation was prepared on 6 June 2008
taking into account amendments up to FMA Act Determination 2008/27 — Section 32 (Transfer of Functions from the former DEWR to DEEWR)

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

11 Reduction of appropriations upon request

Part 3—Miscellaneous

12 Crediting amounts to Special Accounts

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

14 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 money out of the Consolidated Revenue Fund for certain expenditure in relation to the Northern Territory National Emergency Response, and for related purposes

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 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;

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;

(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

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 this Act and the Bill for the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 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 and Portfolio Supplementary 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 or Portfolio Supplementary 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 $85,337,000.

Note 1: Items in Schedule 2 can be increased under section 12 of the Appropriation Act (No. 1) 2007‑2008 (as modified by section 10 of the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008).

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, 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 (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008; or

(d) 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.

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 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, 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.

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, ACT, NT and local government

Note: See section 13.

Column 1	Column 2	Column 3	Column 4

		Minister	Minister
		determining	determining
Entity	Outcome	conditions	payments

Department of Families, Community Services and Indigenous Affairs	Families and children have choices and opportunities ‑ Services and assistance that: help children have the best possible start in life; promote healthy family relationships; help families adapt to changing economic and social circumstances; and assist families with the costs of children	Minister for Families, Community Services and Indigenous Affairs	Minister for Families, Community Services and Indigenous Affairs

Schedule 2—Services for which money is appropriated

Note: See sections 6 and 14.


Abstract
Page
Reference	Portfolio	Total
		$'000

15	Attorney‑General’s	706
16	Employment and Workplace Relations	21,379
18	Families, Community Services and Indigenous Affairs	48,792
20	Human Services	14,311
21	Prime Minister and Cabinet	149

	Total	85,337

APPROPRIATIONS

Summary

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008


	Payments to
	States, ACT,	New
	NT and local	Administered	Non‑
Portfolio	government	Expenses	operating	Total
	$'000	$'000	$'000	$'000

Agriculture, Fisheries and Forestry	‑	‑	‑	‑
	489,495	‑	662	490,157

Attorney‑General’s	‑	‑	706	706
	41,861	‑	329,686	371,547

Communications, Information	‑	‑	‑	‑
Technology and the Arts	20,500	‑	60,640	81,140

Defence	‑	‑	‑	‑
	2,116	‑	2,103,026	2,105,142

Education, Science and Training	‑	‑	‑	‑
	‑	‑	39,743	39,743

Employment and Workplace Relations	‑	‑	21,379	21,379
	‑	‑	47,781	47,781

Environment and Water Resources	‑	‑	‑	‑
	150,696	53,831	70,935	275,462

Families, Community Services and	14,459	‑	34,333	48,792
Indigenous Affairs	2,089,887	‑	20,286	2,110,173

Finance and Administration	‑	‑	‑	‑
	‑	‑	102,965	102,965

Foreign Affairs and Trade	‑	‑	‑	‑
	‑	‑	52,026	52,026

Health and Ageing	‑	‑	‑	‑
	1,426,611	‑	15,704	1,442,315

Human Services	‑	‑	14,311	14,311
	‑	‑	126,348	126,348

Immigration and Citizenship	‑	‑	‑	‑
	2,732	‑	52,745	55,477

Industry, Tourism and Resources	‑	‑	‑	‑
	41,243	‑	61,791	103,034

Prime Minister and Cabinet	‑	‑	149	149
	‑	‑	8,664	8,664

Transport and Regional Services	‑	‑	‑	‑
	2,367,687	‑	20,990	2,388,677

Treasury	‑	‑	‑	‑
	175,603	‑	157,161	332,764

Total:	14,459	‑	70,878	85,337
	6,808,431	53,831	3,271,153	10,133,415

ATTORNEY‑GENERAL’S PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
AUSTRALIAN CRIME COMMISSION
Non‑operating
	Equity Injections			706
				1,513
				1,582
Total: Australian Crime Commission		‑	‑	706
				1,939,613

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008


	Payments to States, ACT, NT and local government	New Administered Expenses	Total
	$'000	$'000	$'000
DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Non‑operating
Equity Injections			3,679
Equity Injections
Total: Department of Education, Employment and Workplace Relations

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 2008/27 inserted the amount alongside Equity Injections, under the heading Total, to transfer an amount from the former Department of Employment and Workplace Relations.

EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007


			Payments to
			States, ACT,	New
			NT and local	Administered
			government	Expenses	Total
			$'000	$'000	$'000
DEPARTMENT OF EMPLOYMENT AND
WORKPLACE RELATIONS
Non‑operating
	Equity Injections				-
					9,665
					18,378
Total: Department of Employment and			‑	‑	3,679
		Workplace Relations			1,939,613

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:

(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

(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 2008/27 amended the amount alongside Equity Injections, under the heading Total, to transfer amounts to the Department of Education, Employment and Workplace Relations.

EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
INDIGENOUS BUSINESS AUSTRALIA
Non‑operating
	Equity Injections			17,700
				37,599
				57,090
Total: Indigenous Business Australia		‑	‑	17,700
				1,939,613

FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DEPARTMENT OF FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
Operating
	Outcome 1 ‑
	Greater self‑reliance and economic, social and	‑	‑	‑
	community engagement for Indigenous	15,234	‑	15,234
	Australians ‑ Services and assistance that	4,467	‑	4,467
	promote greater self‑reliance and engagement
	for Indigenous families and communities
	through: shared responsibility; practical
	support; and innovative whole of government
	policy

	Outcome 2 ‑
	Seniors, people with disabilities, carers, youth	‑	‑	‑
	and women are supported, recognized and	858,738	‑	858,738
	encouraged to participate in the community ‑	828,305	‑	828,305
	Services and assistance that help people to:
	participate actively in community and economic
	life; access a responsive and sustainable
	safety net; and develop their capabilities

	Outcome 3 ‑
	Families and children have choices and	14,459	‑	14,459
	opportunities ‑ Services and assistance that:	57,536	‑	57,536
	help children have the best possible start in life;	70,086	‑	70,086
	promote healthy family relationships; help
	families adapt to changing economic and social
	circumstances; and assist families with the
	costs of children

	Outcome 4 ‑
	Strong and resilient communities ‑ Services	‑	‑	‑
	and assistance that: help homeless people and	1,158,379	‑	1,158,379
	low‑income households to gain affordable and	1,138,589	‑	1,138,589
	appropriate housing; promote community
	partnerships; and encourage participation in
	the local community by individuals, families,
	business and government

Total: Operating		14,459	‑	14,459

Continued

FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007


			Payments to
			States, ACT,	New
			NT and local	Administered
			government	Expenses	Total
			$'000	$'000	$'000
Non‑operating
	Equity Injections				34,333
					4,056
					15,750
Total: Non‑operating					34,333
Total: Department of Families, Community			14,459	‑	48,792
		Services and Indigenous Affairs			1,939,613

HUMAN SERVICES PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
CENTRELINK
Non‑operating
	Equity Injections			14,311
				39,864
				40,309
	Previous Years’ Outputs			‑
				2,232
				‑
Total: Centrelink		‑	‑	14,311
				1,939,613

PRIME MINISTER AND CABINET PORTFOLIO

Supplementary Appropriation (bold figures)—2007‑2008

Budget Appropriation (italic figures)—2007‑2008

Actual Available Appropriation (light figures)—2006‑2007


			Payments to
			States, ACT,	New
			NT and local	Administered
			government	Expenses	Total
			$'000	$'000	$'000
OFFICE OF THE COMMONWEALTH
OMBUDSMAN
Non‑operating
	Equity Injections				149
					‑
					59
Total: Office of the Commonwealth			‑	‑	149
		Ombudsman			1,939,613

Notes to the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007-2008

Note 1

The Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008 as shown in this compilation comprises Act No. 127, 2007 amended as indicated in the Tables below.

Table of Acts/Instruments

Title	Year and number	Date of Assent or Date of FRLI registration	Date of commencement	Application, saving or transitional provisions
Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008	127, 2007	17 Aug 2007	17 Aug 2007
FMA Act Determination 2008/27 — Section 32 (Transfer of Functions from the former DEWR to DEEWR)	2008/27	29 May 2008 (see F2008L01966)	3 Dec 2007	—

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Schedule 2
Schedule 2...............	am. No. 2008/27

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