Appropriation (Parliamentary Departments) Act (No. 1) 2008-2009

Appropriation (Parliamentary Departments) Act (No. 1) 2008‑2009

No. 57, 2008

An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Definitions

4 Portfolio Budget Statements

5 Notional payments, receipts etc.

Part 2—Appropriation items

6 Summary of appropriations

7 Departmental items

8 Administered items

9 Administered assets and liabilities items

10 Other departmental items

Part 3—Adjusting appropriation items

11 Reducing departmental items, administered assets and liabilities items and other departmental items

12 Reducing administered items

13 Section 31 agreements

14 Advance to the responsible Presiding Officer

15 Comcover receipts

Part 4—Reducing administered items in previous Acts

16 Reducing administered items in previous Acts

Part 5—Miscellaneous

17 Crediting amounts to Special Accounts

18 Appropriation of the Consolidated Revenue Fund

Schedule 1—Services for which money is appropriated

Appropriation (Parliamentary Departments) Act (No. 1) 2008-2009

No. 57, 2008

An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

[Assented to 30 June 2008]

The Parliament of Australia enacts:

Part 1—Preliminary

1  Short title

  This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 2008‑2009.

2  Commencement

  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 1 in relation to a Parliamentary Department opposite the heading “Administered Assets and Liabilities”.

administered item means an amount set out in Schedule 1 opposite an outcome for a Parliamentary Department under the heading “Administered Expenses”.

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

Note: Each Parliamentary Department is an Agency for the purposes of the Financial Management and Accountability Act 1997.

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 2009.

departmental item means the total amount set out in Schedule 1 in relation to a Parliamentary Department 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.

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 departmental 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 a Parliamentary Department:

 (a) opposite the heading “Equity Injections”; or

 (b) opposite the heading “Loans”; or

 (c) opposite the heading “Previous Years’ Outputs”.

Parliamentary Department means any of the following:

 (a) the Department of the Senate;

 (b) the Department of the House of Representatives;

 (c) the Department of Parliamentary Services.

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 this Act.

President means the President of the Senate.

responsible Presiding Officer means:

 (a) in relation to the Department of the Senate—the President; or

 (b) in relation to the Department of the House of Representatives—the Speaker; or

 (c) in relation to the Department of Parliamentary Services—the President and the Speaker together.

section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007).

Speaker means the Speaker of the House of Representatives.

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

4  Portfolio Budget Statements

  The Portfolio Budget 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 $170,956,000.

Note 1: Items in Schedule 1 can be adjusted under Part 3 of this Act.

Note 2: See also sections 30 to 32 of the Financial Management and Accountability Act 1997, which provide for adjustments of amounts appropriated by this Act.

7  Departmental items

  The amount specified in a departmental item for a Parliamentary Department may be applied for the departmental expenditure of the Parliamentary Department.

Note: The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

8  Administered items

 (1) The amount specified in an administered item for an outcome for a Parliamentary Department may be applied for expenditure for the purpose of contributing to achieving that outcome.

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 Budget 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.

9  Administered assets and liabilities items

 (1) The amount specified in an administered assets and liabilities item for a Parliamentary Department may be applied for expenditure for the purpose of contributing to achieving any outcome specified in Schedule 1 for the Parliamentary Department.

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 Budget 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.

10  Other departmental items

  The amount specified in an other departmental item for a Parliamentary Department may be applied for the departmental expenditure of the Parliamentary Department.

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

11  Reducing departmental items, administered assets and liabilities items and other departmental items

 (1) A written request to reduce a departmental item, an administered assets and liabilities item or an other departmental item for a Parliamentary Department may be made to the Finance Minister by the responsible Presiding Officer.

 (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) A request made under subsection (1) is not a legislative instrument.

 (6) 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.

12  Reducing administered items

 (1) If:

 (a) an annual report for a Parliamentary Department for the current year is tabled in the Parliament; and

 (b) the report specifies an amount required by the Parliamentary Department in respect of an administered item; and

 (c) the required amount is less than the amount of the item;

the item is taken to be reduced to the required amount.

 (2) The Finance Minister may, by writing, determine that subsection (1):

 (a) does not apply in relation to the item; or

 (b) applies as if the amount specified in the annual report were the amount specified in the determination.

 (3) 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.

13  Section 31 agreements

 (1) If a section 31 agreement applies to a departmental item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement. The increase cannot be more than the relevant receipts covered by the agreement.

 (2) For the purposes of section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007), each departmental item is taken to be marked “net appropriation”.

Note: Item 13 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007 continues the operation of section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of that Schedule) in relation to section 31 agreements made before that commencement.

14  Advance to the responsible Presiding Officer

 (1) This section applies if the responsible Presiding Officer is satisfied that there is an urgent need for expenditure in relation to a Parliamentary Department, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 1:

 (a) because of an erroneous omission or understatement; or

 (b) because the 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 responsible Presiding Officer, to make provision for so much (if any) of the additional expenditure as the responsible Presiding Officer determines.

 (3) The total of the amounts determined under subsection (2) for the Department of the Senate cannot be more than $300,000.

 (4) The total of the amounts determined under subsection (2) for the Department of the House of Representatives cannot be more than $300,000.

 (5) The total of the amounts determined under subsection (2) for the Department of Parliamentary Services cannot be more than $1 million.

 (6) A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

15  Comcover receipts

 (1) This section applies whenever an amount (the Comcover payment) is debited from The Comcover Account in respect of a payment to a Parliamentary Department.

Note: The Comcover Account is a Special Account. For Special Account, see section 3.

 (2) The responsible Presiding Officer must, by writing, determine that one or more specified items for the Parliamentary Department are to be increased by specified amounts.

 (3) The determination must specify amounts that total the full amount of the Comcover payment.

 (4) In making the determination, the responsible Presiding Officer must comply with any written directions given by the Finance Minister.

 (5) Items specified in the determination are taken to be increased in accordance with the determination.

 (6) The responsible Presiding Officer may delegate his or her powers under this section to the Chief Executive of the Parliamentary Department.

 (7) Neither a determination made under subsection (2) nor a written direction made under subsection (4) is a legislative instrument.

Part 4—Reducing administered items in previous Acts

16  Reducing administered items in previous Acts

 (1) This section applies if:

 (a) a previous Act authorises the Finance Minister to issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the lesser of:

 (i) the amount specified in the administered item for an outcome of a Parliamentary Department; and

 (ii) the amount determined by the Finance Minister in relation to the item; and

 (b) the Finance Minister so determines:

 (i) an amount that is less than the amount specified in the item; or

 (ii) if the Minister makes a determination that covers administered items in more than one such previous Act—an amount that is less than the total of the amounts specified in those items.

 (2) After the determination is made:

 (a) in a case covered by subparagraph (1)(b)(i)—the previous Act has effect as if the amount specified in the item were the amount determined by the Finance Minister; or

 (b) in a case covered by subparagraph (1)(b)(ii)—the previous Acts have effect as if the total of the amounts specified in the items were the amount specified in the determination.

 (3) If more than one determination is made in relation to a particular item or items, subsection (2) applies only in relation to the most recent of those determinations.

 (4) In this section:

administered item, in relation to a previous Act, means an administered item within the meaning of that Act.

current year, in relation to a previous Act, means the current year within the meaning of that Act.

Finance Minister, in relation to a previous Act, means the Finance Minister within the meaning of that Act.

previous Act means:

 (a) the Appropriation (Parliamentary Departments) Act (No. 1) 2007‑2008; or

 (b) the Appropriation (Parliamentary Departments) Act (No. 1) 2006‑2007; or

 (c) the Appropriation (Parliamentary Departments) Act (No. 1) 2005‑2006; or

 (d) the Appropriation (Parliamentary Departments) Act (No. 2) 2004‑2005; or

 (e) the Appropriation (Parliamentary Departments) Act (No. 1) 2004‑2005; or

 (f) the Appropriation (Parliamentary Departments) Act (No. 2) 2003‑2004; or

 (g) the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004; or

 (h) the Appropriation (Parliamentary Departments) Act (No. 1) 2002‑2003; or

 (i) the Appropriation (Parliamentary Departments) Act (No. 2) 2001‑2002; or

 (j) the Appropriation (Parliamentary Departments) Act (No. 1) 2001‑2002; or

 (k) the Appropriation (Parliamentary Departments) Act (No. 2) 2000‑2001; or

 (l) the Appropriation (Parliamentary Departments) Act (No. 1) 2000‑2001; or

 (m) the Appropriation (Parliamentary Departments) Act 1999‑2000.

Part 5—Miscellaneous

17  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.

18  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 18.

[Minister’s second reading speech made in—

House of Representatives on 13 May 2008

Senate on 19 June 2008]