Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014

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Appropriation (Parliamentary Departments) Act (No. 1) 20132014

 

No. 109, 2013

 

 

 

 

 

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 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 Advance to the responsible Presiding Officer

Part 4—Miscellaneous

14 Crediting amounts to Special Accounts

15 Appropriation of the Consolidated Revenue Fund

Schedule 1—Services for which money is appropriated

 

 

 

Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014

No. 109, 2013

 

 

 

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 29 June 2013]

 

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 20132014.

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 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”.

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 2014.

departmental item means the total amount set out in Schedule 1 in relation to a Parliamentary Department under the heading “Departmental”.

Note: The amounts set out opposite outcomes, under the heading “Departmental”, 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 opposite the heading “Equity Injections”.

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;

 (d) the Parliamentary Budget Office.

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.

Portfolio Statements means the Portfolio Budget Statements.

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; or

 (d) in relation to the Parliamentary Budget Office—the Parliamentary Budget Officer.

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 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 $184,775,000.

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  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 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 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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied, other than to correct an error.

 (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.

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:

 (a) determine that subsection (1):

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

 (ii) applies as if the amount specified in the annual report were the amount specified in the determination; or

 (b) if the report does not specify the required amount—determine an amount that is taken to be the required amount for the purposes of subsection (1).

 (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  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) The total of the amounts determined under subsection (2) for the Parliamentary Budget Office cannot be more than $300,000.

 (7) 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.

Part 4—Miscellaneous

 

14  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.

15  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 15.

 

 

Abstract

 

 

Page

Reference

 

Department

 

Total

 

 

 $'000

 

 

 

14

Department of the Senate

21,905

15

Department of the House of Representatives

23,218

16

Department of Parliamentary Services

131,950

17

Parliamentary Budget Office

7,702

 

 

 

 

Total

184,775

 

 

 

 

 

 

 

 

APPROPRIATIONS

 

 

 

 

 

Summary

Summary of Appropriations (plain figures)—20132014

Actual Available Appropriation (italic figures)—20122013

 

 

Entity

 

Departmental

 

Administered

Non

operating

 

Total

 

$'000

$'000

$'000

$'000

 

 

 

 

 

Department of the Senate

21,905

21,905

21,141

21,141

 

 

 

 

 

Department of the House of Representatives

22,893

325

23,218

22,691

22,691

 

 

 

 

 

Department of Parliamentary Services

111,513

20,437

131,950

110,822

12,896

123,718

 

 

 

 

 

Parliamentary Budget Office

7,702

7,702

6,063

6,063

 

 

 

 

 

Total: Parliamentary Departments

164,013

325

20,437

184,775

 

160,717

12,896

173,613

 

Parliament

Appropriation (plain figures)—20132014

Actual Available Appropriation (italic figures)—20122013

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF THE SENATE

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1

Advisory and administrative support services to enable the Senate and Senators to fulfil their representative and legislative duties

 

 

 

21,905

21,905

21,141

21,141

 

 

 

 

Total: Department of the Senate

21,905

21,905

21,141

21,141

 

Parliament

Appropriation (plain figures)—20132014

Actual Available Appropriation (italic figures)—20122013

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF THE HOUSE OF REPRESENTATIVES

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1

Advisory and administrative services support the House of Representatives to fulfil its representative and legislative role

 

 

 

22,893

325

23,218

22,691

22,691

 

 

 

 

Total: Department of the House of Representatives

22,893

325

23,218

22,691

22,691

 

Parliament

Appropriation (plain figures)—20132014

Actual Available Appropriation (italic figures)—20122013

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF PARLIAMENTARY SERVICES

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1

Occupants of Parliament House are supported by integrated services and facilities, Parliament functions effectively and its work and building are accessible to the public

 

 

 

111,513

111,513

110,822

110,822

 

 

 

 

Total: Operating

111,513

111,513

 

110,822

110,822

Nonoperating

 

 

 

Administered Assets and Liabilities

 

 

20,437

 

 

12,896

Total: Nonoperating

 

 

20,437

 

 

 

12,896

Total: Department of Parliamentary Services

111,513

131,950

110,822

123,718

 

Parliament

Appropriation (plain figures)—20132014

Actual Available Appropriation (italic figures)—20122013

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

PARLIAMENTARY BUDGET OFFICE

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1

Inform the Parliament by providing independent and nonpartisan analysis of the budget cycle, fiscal policy and the financial implications of proposals

 

 

 

7,702

7,702

6,063

6,063

 

 

 

 

Total: Parliamentary Budget Office

7,702

7,702

6,063

6,063

[Minister’s second reading speech made in—

House of Representatives on 14 May 2013

Senate on 17 June 2013]

(99/13)

 

Overview

The Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014 was enacted by the Parliament of Australia to allocate funds from the Consolidated Revenue Fund for the expenditure of Parliamentary Departments during the financial year 2013-2014. This Act provides the legal framework for appropriating money for the Department of the Senate, the Department of the House of Representatives, the Department of Parliamentary Services, and the Parliamentary Budget Office, ensuring these entities have the necessary financial resources to carry out their functions effectively. The policy objective of this Act is to support the smooth operation of the Australian Parliament by providing a clear and structured means of allocating funds to its various departments, thereby enabling them to deliver their mandated services efficiently and effectively. The Act also outlines mechanisms for adjustments to appropriations in response to unforeseen circumstances or changes in departmental requirements.

Scope and Application

The Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014 provides for the appropriation of funds from the Consolidated Revenue Fund for the expenditure of the Parliamentary Departments for the financial year 2013-2014. This Act applies to the Parliamentary Departments, which include the Department of the Senate, the Department of the House of Representatives, the Department of Parliamentary Services, and the Parliamentary Budget Office. The Act allocates specific amounts for departmental, administered, administered assets and liabilities, and other departmental items as outlined in Schedule 1. These funds are intended for the respective departments to carry out their functions and achieve their specified outcomes. The Act also provides mechanisms for adjusting these appropriations, including provisions for reducing items and making advances to the responsible Presiding Officer for unforeseen or urgent expenditures. The Act is limited to the Commonwealth of Australia and does not extend beyond the specified departments and their respective financial year allocations. The Act does not explicitly state any exclusions or thresholds, but it does set upper limits on the amounts that can be advanced for unforeseen expenditure by each department.

Key Provisions

The Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014 is designed to allocate funds from the Consolidated Revenue Fund for the expenditure of parliamentary departments, specifically the Department of the Senate, the Department of the House of Representatives, the Department of Parliamentary Services, and the Parliamentary Budget Office. This allocation is for the financial year ending on 30 June 2014. The Act is divided into several parts, each containing specific provisions for the appropriation and management of funds. The primary sections of the Act outline the appropriation of funds and the various categories into which these funds are divided. Section 6 specifies that the total appropriation for the financial year 2013-2014 is $184,775,000. This total is broken down into departmental items (Section 7), administered items (Section 8), administered assets and liabilities items (Section 9), and other departmental items (Section 10). Each of these categories has specific purposes and limitations on how the funds can be used, as defined in Schedule 1. The Act imposes several obligations on the parties involved. For example, the responsible Presiding Officer, which can be the President, the Speaker, or the Parliamentary Budget Officer depending on the department, can request reductions in certain appropriation items (Section 11). The Finance Minister has the authority to approve these reductions in writing, provided the item does not fall below zero after accounting for previous applications. Additionally, if an annual report specifies a lower amount needed for an administered item, the item is automatically reduced to that amount (Section 12). For unforeseen or urgent expenditures not initially covered in the Act, the responsible Presiding Officer can make a determination to adjust the appropriation (Section 13). The Act also outlines the consequences for non-compliance and breaches. While the Act does not explicitly state civil or criminal penalties, it does indicate that determinations made by the Finance Minister or the responsible Presiding Officer under Sections 11 and 12 are subject to disallowance under the Legislative Instruments Act 2003. This means that if a determination is found to be invalid, it can be annulled, though specific civil or criminal penalties are not detailed in the Act itself. Section 14 allows for the crediting of amounts to Special Accounts if the purpose aligns with the appropriation item, and Section 15 appropriates the Consolidated Revenue Fund for the purposes of the Act, ensuring the funds are used as intended under the oversight of the Financial Management and Accountability Act 1997.

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