Appropriation (Parliamentary Departments) Act 1993-94

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Appropriation (Parliamentary Departments) Act 1993-94

No. 74 of 1993

An Act to appropriate certain sums out of the Consolidated Revenue Fund for certain expenditure in relation to the Parliamentary Departments in respect of the year ending on 30 June 1994, and for related purposes

[Assented to 25 November 1993]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Appropriation (Parliamentary Departments) Act 1993-94.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Issue and application of $70 171 000

3. The Minister may issue out of the Consolidated Revenue Fund and apply for the services specified in Schedule 2, in respect of the year ending on 30 June 1994, the sum of $70 171 000.

51993 Cat. No. 93 4596 4


Appropriation of $126 600 000

4. The following sums amounting in the aggregate, as appears in Schedule 1, to $126 600 000, are appropriated, and are taken to have been appropriated as from 1 July 1993, for the services specified in Schedule 2 in respect of the year that commenced on that day:

(a)  the sum appropriated by section 3 of the Supply (Parliamentary Departments) Act 1993-94; and

(b) the sum specified in section 3 of this Act.

Additional appropriation in respect of increases in salaries

5. (1) In addition to the sums referred to in section 4, the Minister may issue out of the Consolidated Revenue Fund for the service of the year ending on 30 June 1994 amounts not exceeding the amounts determined by the President, by the Speaker, or by the President and the Speaker, in accordance with subsection (2), (3) or (4), as the case may be.

(2)   For the purposes of subsection (1), the President may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and payments in the nature of salary, for which provision is made in subdivision 1 of Division 101 in Schedule 2 as have become payable or become payable, or have commenced or commence to be paid, during the year ending 30 June 1994 under a law, or an award, order or determination made under a law.

(3)   For the purposes of subsection (1), the Speaker may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and payments in the nature of salary, for which provision is made in subdivision 1 of Division 103 in Schedule 2 as have become payable or become payable, or have commenced or commence to be paid, during the year ending 30 June 1994 under a law, or an award, order or determination made under a law.

(4)   For the purposes of subsection (1), the President and the Speaker may jointly determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and payments in the nature of salary, for which provision is made in subdivision 1 of Division 105, subdivision 1 of Division 106, or subdivision 1 of Division 107, in Schedule 2 as have become payable or become payable, or have commenced or commence to be paid, during the year ending 30 June 1994 under a law, or an award, order or determination made under a law.


(5)  Amounts issued under subsection (1) may be applied only for the purpose of expenditure in respect of increases referred to in subsection (2), (3) or (4) in salaries and in payments in the nature of salary.

(6)  The Minister must report the amounts so issued to the Parliament.

(7)  The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of this section.

Amounts expended under Supply Act in respect of increases in salaries

6. Amounts:

(a)  issued, before the commencement of this Act, in accordance with section 4 of the Supply (Parliamentary Departments) Act 1993-94; and

(b) applied in payment of salaries, or payments in the nature of salary, for which provision is made in Schedule 2 by way of running costs;

are taken to have been issued and applied under this Act.

Net annotated appropriations

7. (1) If the description of the purpose of an appropriation set out in an item, subdivision or Division in Schedule 2 includes the words "(net appropriation see section 7)", that Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received:

(a)  from the sale, leasing or hiring out of, or any other dealing with, goods or personal property; or

(b) from the sale of real property used for the purpose of providing staff residential accommodation or from the leasing of real property for that purpose; or

(c)  from the provision of services; or

(d) from a person ("employee") appointed or employed by, or performing services for, the Commonwealth as payment for any benefit provided (whether to the employee or another person) in respect of the appointment or employment of, or the services performed by, the employee;

may be credited to that item, subdivision or Division, to the extent and on the conditions agreed between the Minister and the Presiding Officer or Presiding Officers responsible for the Department for which the appropriation is made.


(2) If the Consolidated Revenue Fund is credited with an amount purported to have been paid in respect of:

(a)  a sale, or other transaction, referred to in paragraph (1)(a) or (b); or

(b) the provision of services; or

(c)  any benefit referred to in paragraph (1)(d);

that amount is taken, for the purposes of subsection (1), to be money received from that sale or other transaction, from the provision of those services or as payment for that benefit (as the case may be), whether or not money has in fact been received in payment of that amount.

Payments to Departments — entry level training and aboriginal employment

8. (1) If a payment is made to a Parliamentary Department out of:

(a)  money appropriated for the purposes of entry level training under item 02 of subdivision 4 of Division 230 in Schedule 3 to the Appropriation Act (No. 1) 1993-94; or

(b) money appropriated for the purposes of aboriginal employment under item 02 of subdivision 5 of Division 230 in that Schedule;

Schedule 2 to this Act is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Department by way of such a payment may be credited to the subdivision in Schedule 2 to this Act that appropriates money for the running costs of that Department.

(2) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Parliamentary Department out of money appropriated as referred to in paragraph (1)(a) or (1)(b), that amount is taken, for the purposes of subsection (1), to be money received by the Department, whether or not money has in fact been received in respect of the payment.


(3) The Supply (Parliamentary Departments) Act 1993-94 has effect, and is taken at all times to have had effect, as if section 6 were omitted and the following section were substituted:

Payments to Departments — entry level training

"6. (1) If a payment is made to a Parliamentary Department for expenditure related to entry level training out of money appropriated under subdivision 4 of Division 230 in the Schedule to the Supply Act (No. 1) 1993-94, the Schedule to this Act is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Department by way of such a payment may be credited to the subdivision in the Schedule to this Act that appropriates money for running costs of that Department.

"(2) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment of the kind referred to in subsection (1) made to a Parliamentary Department, that amount is taken, for the purposes of subsection (1), to be money received by the Department, whether or not money has in fact been received in respect of the payment.".

Advances to President, Speaker or President and Speaker

9. (1) Expenditure in relation to the Senate in excess of specific appropriation may be charged to any subdivision of Division 101 in Schedule 2 as the President directs but the total expenditure so charged in the year ending on 30 June 1994, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Advance to the President of the Senate".

(2)    Expenditure in relation to the House of Representatives in excess of specific appropriation may be charged to any subdivision of Division 103 in Schedule 2 as the Speaker directs but the total expenditure so charged in the year ending 30 June 1994, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Advance to the Speaker of the House of Representatives".

(3)    Expenditure in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department in excess of specific appropriation may be charged to any subdivision of Division 105, 106 or 107 in Schedule 2 as the President and the Speaker both direct but the total expenditure so charged in the year ending 30 June 1994, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for mat year under the head "Joint Advance to the President and the Speaker".


Amendment of the Supply (Parliamentary Departments) Act 1993-94

10. The Supply (Parliamentary Departments) Act 1993-94 has effect, and is taken at all times to have had effect, as if each reference in the Schedule to that Act to Operating expenses were a reference to Running Costs.

SCHEDULE 1 Section 4

SUMS AUTHORISED TO BE ISSUED OUT OF THE CONSOLIDATED REVENUE FUND

 

$

By the Supply (Parliamentary Departments) Act 1993-94 

56 429 000

By this Act..........................

70 171 000

Total..............................

126 600 000


SCHEDULE 2 Sections 3 and 4

ABSTRACT

Page Reference

Departments and Services

Total

 

 

$

8

Senate.............................................

22 359 000

8

Advance to the President of the Senate........................

300 000

9

House of Representatives.................................

23 780 000

9

Advance to the Speaker of the House of Representatives............

300 000

9

Parliamentary Reporting Staff.............................

28 734 000

10

Parliamentary Library...................................

12 886 000

10

Joint House Department.................................

37 041 000

10

Joint Advance to the President and the Speaker..................

1 000 000

11

Provision for Running Costs Borrowings......................

200 000

 

Total...........................................

126 600 000

SUMMARY

Appropriation — 1993-94, Heavy figures

Expenditure— 1992-93, Light figures

Division

Running Costs

Other Services

Total

 

 

$

$

$

101

Senate............................

22 030 000

329 000

22 359 000

 

 

19 289 327

246 163

19 535 490

103

House of Representatives...............

23 415 000

365 000

23 780 000

 

 

20 348 734

243 404

20 592 138

105

Parliamentary Reporting Staff............

28 734 000

28 734 000

 

 

28 677 612

28 677 612

106

Parliamentary Library.................

12 814 000

72 000

12 886 000

 

 

11 269 229

71 200

11 340 429

107

Joint House Department................

34 355 000

2 686 000

37 041 000

 

 

34 596 003

2 173 429

36 769 432

 

Total............................

121 348 000

3 452 000

124 800 000

 

 

114 180 905

2 734 196

116 915 101


SCHEDULE 2 continued

 

1993-94

1992-93

Appropriation

Expenditure

 

$

$

$

Division 101.— SENATE

 

 

 

1.Running Costs (net appropriation — see section 7) (see also section 8) 

22 030 000

19 836 372

19 289 327

2.—Payments under subsection 34A(1) of the Audit Act 1901 

4 000

4 000

3 224

3.—Citizenship visits program................

325 000

250 000

242 939

Total: Senate........................

22 359 000

20 090 372

19 535 490

ADVANCE TO THE PRESIDENT OF THE SENATE

 

 

 

Division 102.— ADVANCE TO THE PRESIDENT OF THE SENATE

 

 

 

To enable the President of the Senate to make money available for expenditure:

 

 

 

(a) that the President of the Senate is satisfied is expenditure that is urgently required and:

 

 

 

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

 

 

 

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

 

 

 

(b) particulars of which will afterwards be submitted to the Parliament;

 

 

 

being expenditure for the service of the year ending on 30 June 1994 in relation to the Senate 

300 000

300 000

*

* Expenditure in 1992-93 from the Advance to the President of the Senate is shown under the appropriation to which it has been charged.

 


SCHEDULE 2 continued

 

1993-94

1992-93

Appropriation

Expenditure

 

$

$

$

Division 103.— HOUSE OF REPRESENTATIVES

 

 

 

1.Running Costs (net appropriation — see section 7) (see also section 8) 

23 415 000

21 040 892

20 348 734

2.—Other Services........................

 

 

 

01. Compensation and legal expenses...........

40 000

40 000

467

3.—Citizenship visits program................

325 000

250 000

242 937

Total: House of Representatives...........

23 780 000

21 330 892

20 592 138

ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

 

 

 

Division 104.— ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

 

 

 

To enable the Speaker of the House of Representatives to make money available for expenditure:

 

 

 

(a) that the Speaker of the House of Representatives is satisfied is expenditure that is urgently required and:

 

 

 

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

 

 

 

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

 

 

 

(b) particulars of which will afterwards be submitted to the Parliament;

 

 

 

being expenditure for the service of the year ending on 30 June 1994 in relation to the House of Representatives             

300 000

300 000

*

* Expenditure in 1992-93 from the Advance to the Speaker of the House of Representatives is shown under the appropriation to which it has been charged.

 

Division 105.— PARLIAMENTARY REPORTING STAFF

 

 

 

1.Running Costs (net appropriation — see section 7) (see also section 8) 

28 734 000

29 067 012

28 677 612

Total: Parliamentary Reporting Staff.......

28 734 000

29 067 012

28 677 612


SCHEDULE 2 continued

 

1993-94

1992-93

Appropriation

Expenditure

 

$

$

$

Division 106.— PARLIAMENTARY LIBRARY

 

 

 

1.Running Costs (net appropriation — see section 7) (see also section 8) 

12 814 000

11 741 182

11 269 229

2.—Other Services........................

 

 

 

01. Compensation and legal expenses

72 000

30 000

71 200

Total: Parliamentary Library............

12 886 000

11 771 182

11 340 429

Division 107.— JOINT HOUSE DEPARTMENT

 

 

 

1.Running Costs (net appropriation — see section 7) (see also section 8) 

34 355 000

35 605 338

34 596 003

2.—Capital expenditure....................

2 686 000

2 710 000

2 173 429

Total: Joint House Department...........

37 041 000

38 315 338

36 769 432

JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

 

 

 

Division 108.— JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

 

 

 

To enable the President and the Speaker to make money available for expenditure:

 

 

 

(a) that both the President and the Speaker are satisfied is expenditure that is urgently required and:

 

 

 

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

 

 

 

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

 

 

 

(b) particulars of which will afterwards be submitted to the Parliament;

 

 

 

being expenditure for the service of the year ending on 30 June 1994 in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department             

1 000 000

1 000 000

*

* Expenditure in 1992-93 from the Joint Advance to the President and the Speaker is shown under the appropriation to which it has been charged.

 


SCHEDULE 2 continued

 

1993-94

1992-93

Appropriation

Expenditure

 

$

$

$

JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

 

 

 

Division 109.— PROVISION FOR RUNNING COSTS BORROWINGS

 

 

 

To enable the President and the Speaker to make money available for expenditure:

 

 

 

(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and

 

 

 

(b) particulars of which will afterwards be submitted to the Parliament 

200 000

0

0

[Minister's second reading speech made in

House of Representatives on 17 August 1993

Senate on 7 October 1993]

Printed by Authority by the Commonwealth Government Printer (90/93)

Overview

The Appropriation (Parliamentary Departments) Act 1993-94 was enacted by the Parliament of Australia to address the financial requirements of the parliamentary departments for the fiscal year ending 30 June 1994. This Act, assented to on 25 November 1993, appropriates funds out of the Consolidated Revenue Fund for specified expenditure by parliamentary departments, including the Senate, the House of Representatives, the Parliamentary Reporting Staff, the Parliamentary Library, and the Joint House Department. The Act allows for additional appropriations to cover increases in salaries and provides mechanisms for advances to the President of the Senate, the Speaker of the House of Representatives, and both jointly for unforeseen or erroneously omitted expenditures. It also ensures that certain payments related to entry-level training and Aboriginal employment can be credited appropriately. The policy objective is to ensure that parliamentary departments have the necessary financial resources to operate effectively and to provide flexibility in addressing urgent or unforeseen expenditures.

Scope and Application

The Appropriation (Parliamentary Departments) Act 1993-94 is a Commonwealth Act that specifically addresses the appropriation of funds for certain expenditure related to the parliamentary departments for the year ending on 30 June 1994. This Act applies to the allocation of funds from the Consolidated Revenue Fund for the services specified in Schedule 2, which includes the Senate, the House of Representatives, the Parliamentary Reporting Staff, the Parliamentary Library, and the Joint House Department. The Act is jurisdictional in nature, operating within the confines of the Commonwealth of Australia and governing the financial activities of its parliamentary departments for the specified fiscal year. The Act outlines specific appropriations and authorises the Minister to issue additional funds for unforeseen salary increases, subject to certain conditions and reporting requirements. Additionally, the Act allows for the crediting of certain revenues to specific appropriations, including those from the sale or leasing of goods and services, and from payments related to benefits provided to employees. The Act also addresses the treatment of payments made for entry-level training and Aboriginal employment, stipulating how these funds can be credited within the parliamentary departments. Furthermore, the Act includes provisions for advances to the President of the Senate, the Speaker of the House of Representatives, and jointly to the President and the Speaker for urgent and unforeseen expenditures, subject to limits set out in the Act. The Act does not specify any exclusions or thresholds but provides a framework for the flexible management of parliamentary department finances within the given fiscal year.

Key Provisions

The Appropriation (Parliamentary Departments) Act 1993-94 (Act) authorises the appropriation of funds for certain expenditure related to Parliamentary Departments for the year ending 30 June 1994. Section 3 allows the Minister to issue and apply $70,171,000 from the Consolidated Revenue Fund for specified services. Section 4 appropriates $126,600,000 for the same services, with these sums being effective from 1 July 1993. Section 5 permits additional appropriations for salary increases, determined by the President, the Speaker, or jointly, with the Minister required to report these amounts to Parliament. The Act imposes several obligations on the relevant parties. The President and the Speaker are authorised to determine additional amounts for salary increases under Section 5, subject to the limits specified. The Minister must report these amounts to Parliament. The Act also specifies that any money received from certain transactions or services can be credited to the relevant appropriations, as outlined in Section 7. Furthermore, payments related to entry-level training and Aboriginal employment, as specified in Section 8, can be credited to the appropriate running costs. Breach of the obligations and requirements set out in the Act may lead to legal consequences. While the Act itself does not explicitly state penalties for non-compliance, any misuse of public funds or failure to adhere to the appropriations and reporting requirements could potentially lead to civil or criminal liability under other relevant legislation, such as the Public Governance, Performance and Accountability Act 2013. These could include fines or imprisonment, depending on the severity of the breach and the applicable laws.

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