Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017

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Appropriation (Parliamentary Departments) Act (No. 1) 20162017

 

No. 71, 2016

 

 

 

 

 

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 transactions between entities that are part of the Commonwealth

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—Advance to the responsible Presiding Officer

11 Advance to the responsible Presiding Officer

Part 4—Miscellaneous

12 Crediting amounts to special accounts

13 Appropriation of the Consolidated Revenue Fund

14 Repeal of this Act

Schedule 1—Services for which money is appropriated

 

 

 

Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017

No. 71, 2016

 

 

 

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 10 November 2016]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act is the Appropriation (Parliamentary Departments) Act (No. 1) 20162017.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day this Act receives the Royal Assent.

10 November 2016

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

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”.

current year means the financial year ending on 30 June 2017.

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.

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.

noncorporate entity means:

 (a) a noncorporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

 (b) the High Court.

Note: Each Parliamentary Department is a noncorporate Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013.

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 201617.

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 President and the Speaker together.

Speaker means the Speaker of the House of Representatives.

special account has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

4  Portfolio statements

  The portfolio statements are 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 which provides that the material that may be considered in the interpretation of a provision of an Act includes any document that is declared by the Act to be a relevant document.

5  Notional transactions between entities that are part of the Commonwealth

  For the purposes of this Act, notional transactions between noncorporate entities are to be treated as if they were real transactions.

Note: This section applies, for example, to a “payment” between noncorporate entities 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 noncorporate entity, even though no payment is actually made from the Consolidated Revenue Fund. This is consistent with section 76 of the Public Governance, Performance and Accountability Act 2013.

Part 2—Appropriation items

 

6  Summary of appropriations

  The total of the items specified in Schedule 1 is $147,224,000.

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

Note 2: Sections 74 to 75 of the Public Governance, Performance and Accountability Act 2013 also provide for the adjustment 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.

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.

 (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.

 (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.

Part 3—Advance to the responsible Presiding Officer

 

11  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) of this section and subsection 11(2) of the Supply (Parliamentary Departments) Act (No. 1) 20162017 for the Department of the Senate cannot be more than $300,000.

 (4) The total of the amounts determined under subsection (2) of this section and subsection 11(2) of the Supply (Parliamentary Departments) Act (No. 1) 20162017 for the Department of the House of Representatives cannot be more than $300,000.

 (5) The total of the amounts determined under subsection (2) of this section and subsection 11(2) of the Supply (Parliamentary Departments) Act (No. 1) 20162017 for the Department of Parliamentary Services cannot be more than $1 million.

 (6) The total of the amounts determined under subsection (2) of this section and subsection 11(2) of the Supply (Parliamentary Departments) Act (No. 1) 20162017 for the Parliamentary Budget Office cannot be more than $300,000.

 (7) Subsections (3) to (6) of this section prevail over subsections 11(3) to (6) of the Supply (Parliamentary Departments) Act (No. 1) 20162017.

 (8) A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the determination.

Part 4—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  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 Public Governance, Performance and Accountability Act 2013.

14  Repeal of this Act

  This Act is repealed at the start of 1 July 2019.

Schedule 1—Services for which money is appropriated

Note: See sections 6 and 13.

 

 

Abstract

 

 

 

Department

 

Total

 

 

 $'000

 

 

 

Department of the Senate

15,322

Department of the House of Representatives

16,065

Department of Parliamentary Services

111,799

Parliamentary Budget Office

4,038

 

 

 

Total

147,224

 

 

 

 

 

 

 

APPROPRIATIONS

 

 

 

 

Summary

Summary of Appropriations (plain figures)—20162017

Actual Available Appropriation (italic figures)—20152016

 

 

Entity

 

Departmental

 

Administered

Non

operating

 

Total

 

$'000

$'000

$'000

$'000

 

 

 

 

 

Department of the Senate

15,322

15,322

21,503

21,503

 

 

 

 

 

Department of the House of Representatives

15,877

188

16,065

21,810

324

22,134

 

 

 

 

 

Department of Parliamentary Services

82,424

4,079

25,296

111,799

141,924

6,703

33,741

182,368

 

 

 

 

 

Parliamentary Budget Office

4,038

4,038

7,410

7,410

 

 

 

 

 

Total: Parliamentary Departments

117,661

4,267

25,296

147,224

 

192,647

7,027

33,741

233,415

Parliament

Appropriation (plain figures)—20162017

Actual Available Appropriation (italic figures)—20152016

 

 

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

 

 

 

15,322

15,322

21,503

21,503

 

 

 

 

Total: Department of the Senate

15,322

15,322

21,503

21,503

Parliament

Appropriation (plain figures)—20162017

Actual Available Appropriation (italic figures)—20152016

 

 

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

 

 

 

15,877

188

16,065

21,810

324

22,134

 

 

 

 

Total: Department of the House of Representatives

15,877

188

16,065

21,810

324

22,134

Parliament

Appropriation (plain figures)—20162017

Actual Available Appropriation (italic figures)—20152016

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF PARLIAMENTARY SERVICES

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1

Support the functions of Parliament and parliamentarians through the provision of professional services, advice and facilities and maintain Australian Parliament House

 

 

 

82,424

4,079

86,503

141,924

6,703

148,627

 

 

 

 

Total: Operating

82,424

4,079

86,503

 

141,924

6,703

148,627

Nonoperating

 

 

 

Administered Assets and Liabilities

 

 

25,296

 

 

33,741

Total: Nonoperating

 

 

25,296

 

 

 

33,741

Total: Department of Parliamentary Services

82,424

4,079

111,799

141,924

6,703

182,368

Parliament

Appropriation (plain figures)—20162017

Actual Available Appropriation (italic figures)—20152016

 

 

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

 

 

 

4,038

4,038

7,410

7,410

 

 

 

 

Total: Parliamentary Budget Office

4,038

4,038

7,410

7,410

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 31 August 2016

Senate on 7 November 2016]

(100/16)

 

Overview

The Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017 was enacted by the Parliament of Australia to address the need for appropriating money from the Consolidated Revenue Fund for expenditure related to the Parliamentary Departments for the financial year ending 30 June 2017, and for related purposes. This Act provides the necessary legal framework to allocate funds to the Department of the Senate, the Department of the House of Representatives, the Department of Parliamentary Services, and the Parliamentary Budget Office, among other objectives. The Act was assented to on 10 November 2016. The primary policy objective of this Act is to ensure that the appropriate funding is available for the operation of the Parliamentary Departments, thereby facilitating their ability to support the functions of the Parliament and parliamentarians. The Act is divided into several parts, addressing the appropriation items, advances to the responsible Presiding Officer in case of unforeseen or urgent expenditures, and other miscellaneous provisions. It also specifies the total appropriations for the Parliamentary Departments, which amounted to $147,224,000 for the year 2016-2017. The Act is set to be repealed at the start of 1 July 2019.

Scope and Application

The Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017 is a Commonwealth Act that allocates funds from the Consolidated Revenue Fund for the operation and expenditure of Parliamentary Departments, including the Department of the Senate, the Department of the House of Representatives, the Department of Parliamentary Services, and the Parliamentary Budget Office. This Act applies to the financial year ending 30 June 2017 and is structured to detail specific appropriations for each department, including departmental, administered, and administered assets and liabilities items, which can be applied for various departmental purposes and outcomes as outlined in the Act. Notably, the Act allows for notional transactions between non-corporate entities that are part of the Commonwealth to be treated as real transactions for appropriation purposes. Additionally, the Act provides mechanisms for urgent additional appropriations to be made if unforeseen circumstances arise, with specific caps on the additional amounts that can be appropriated for each department. This Act is repealed at the start of 1 July 2019.

Key Provisions

The Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017, sets out the appropriation of funds for the Parliamentary Departments for the financial year ending 30 June 2017. Section 6 of the Act specifies that the total of the items listed in Schedule 1 is $147,224,000. Section 7 permits the use of departmental items for the departmental expenditure of a Parliamentary Department, while Section 8 allows the use of administered items to contribute to achieving specific outcomes for a Parliamentary Department. Section 9 enables the use of administered assets and liabilities items to contribute to achieving any outcome specified in Schedule 1 for a Parliamentary Department. Section 10 allows the use of other departmental items for the departmental expenditure of a Parliamentary Department. The Act imposes several obligations on the parties it governs. Section 11 allows the responsible Presiding Officer to make a determination to provide for additional expenditure if there is an urgent need for expenditure that is not provided for or is insufficiently provided for in Schedule 1 due to an erroneous omission or understatement, or 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. Section 12 allows amounts to be debited against the appropriation for an item and credited to a special account if any of the purposes of a special account is a purpose that is covered by the item. Section 13 states that the Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act. Section 14 of the Act provides that the Act is repealed at the start of 1 July 2019. There are no stated offences, penalties, or civil/criminal consequences for breach of the Act. However, failure to comply with the Act may result in legal consequences, including the potential for legal action to be taken against the responsible parties.

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Administrative Law
Instrument
Act
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Commencement Provisions
Definitions & Interpretation
Appropriation of the Consolidated Revenue Fund
Reporting & Disclosure Obligations
Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.