Appropriation (Parliamentary Departments) Act (No. 2) 2003-2004

Appropriation (Parliamentary Departments) Act (No. 2) 2003‑2004

No. 39, 2004

An Act to appropriate additional 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 and Portfolio Additional Estimates Statements

5 Notional payments, receipts etc.

Part 2—Basic appropriations

6 Summary of basic appropriations

7 Departmental 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 on request

12 Reduction of appropriations from prior years upon request

Part 3—Additions to basic appropriations

13 Net appropriations

14 Departmental items and other departmental items—adjustments and borrowings

15 Advance to the responsible Presiding Officer—unforeseen expenditure etc.

16 Comcover receipts

Part 4—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. 2) 2003-2004

No. 39, 2004

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

[Assented to 20 April 2004]

The Parliament of Australia enacts:

Part 1—Preliminary

1  Short title

  This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 2) 2003‑2004.

2  Commencement

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

3  Definitions

  In this Act, unless the contrary intention appears:

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 of 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 2004.

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 Additional Estimates Statements means the Portfolio Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act.

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 (Parliamentary Departments ) Act (No. 1) 2003‑2004.

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.

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 and Portfolio Additional Estimates Statements

 (1) The Portfolio Budget Statements and Portfolio Additional 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 Additional 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 1 is $341,000.

Note 1: Items in the Schedule can be increased under Part 3 of this Act and under section 14 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004 (as modified by section 16 of this Act).

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  Departmental items—basic appropriation

 (1) For a departmental item for a Parliamentary Department, 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 a departmental item for a Parliamentary Department may only be applied for the departmental expenditure of the Parliamentary Department.

Note: The acquisition of new departmental assets will usually be funded from an other departmental item.

 (3) If a departmental item for a Parliamentary Department includes provision for payment of remuneration and allowances to the holder of:

 (a) a public office (within the meaning of the Remuneration Tribunal Act 1973); or

 (b) an office specified in a Schedule to the Remuneration and Allowances Act 1990;

then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund, under that item, amounts that are sufficient to pay the remuneration and allowances and must apply the amounts for that purpose.

8  Administered items—basic appropriation

 (1) For an administered item for an outcome of a Parliamentary Department, 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 Parliamentary Department 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 a Parliamentary Department 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.

9  Administered assets and liabilities items—basic appropriation

 (1) For an administered assets and liabilities item for a Parliamentary Department, 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 a Parliamentary Department 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 Schedule 1 in relation to the Parliamentary Department.

10  Other departmental items—basic appropriation

 (1) For an other departmental item for a Parliamentary Department, 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 other departmental item for a Parliamentary Department may only be applied for the departmental expenditure of the Parliamentary Department.

11  Reduction of appropriations on request

 (1) The Finance Minister may, upon written request by the responsible Presiding Officer, make a written determination under this section reducing an administered assets and liabilities item, an other departmental item or a departmental item for an agency by the amount specified in the determination.

 (2) Where a determination is made, the amount specified in the item is taken to have been reduced by the amount specified in the determination.

 (3) However, a determination is of no effect if the determination has not been requested under subsection (1).

 (4) 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);

 (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.

 (5) For the purposes of paragraph (4)(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.

 (6) To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (4)(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.

 (7) To avoid doubt, a determination under this section applies despite any other provision of this Act.

 (8) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

12  Reduction of appropriations from prior years upon request

 (1) The following table sets out the Acts in respect of which a determination under this section may be made and the kinds of items for each for which a determination may be made.

 (2) The Finance Minister may, upon written request by the responsible Presiding Officer, make a written determination under this section reducing an item in an Act listed in column 1 of the table in subsection (1) for an agency by the amount specified in the determination.

 (3) The item specified in a determination under subsection (2) must be an item of a kind listed in column 2 of the table in subsection (1) in the row relating to the Act covered by the determination.

 (4) Where a determination is made, the amount specified in the item is taken to have been reduced by the amount specified in the determination.

 (5) However, a determination is of no effect if the determination has not been requested under subsection (2).

 (6) 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 (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.

 (7) For the purposes of paragraph (6)(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.

 (8) To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (6)(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.

 (9) To avoid doubt, a determination under this section applies despite any other provision in this Act.

 (10) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part 3—Additions to basic appropriations

13  Net appropriations

 (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, each departmental item is taken to be marked “net appropriation”.

14  Departmental items and other departmental items—adjustments and borrowings

 (1) The responsible Presiding Officer may determine that the amount specified in a departmental item or in an other departmental item is to be increased by an amount specified in the determination.

 (2) The total of the amounts determined for the Department of the Senate:

 (a) under this section; and

 (b) under section 12 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004;

cannot be more than $200,000.

 (3) The total of the amounts determined for the Department of the House of Representatives:

 (a) under this section; and

 (b) under section 12 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004;

cannot be more than $200,000.

 (4) The total of the amounts determined for all the other Parliamentary Departments together:

 (a) under this section; and

 (b) under section 12 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004;

cannot be more than $200,000.

 (5) The responsible Presiding Officer must give the Parliament details of amounts determined under this section.

15  Advance to the responsible Presiding Officer—unforeseen expenditure etc.

 (1) This section applies if the responsible Presiding Officer is satisfied that:

 (a) there is an urgent need for expenditure that is not provided for, or is insufficiently provided for, in Schedule 1; and

 (b) the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 1:

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

 (ii) because the additional 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 for the Department of the Senate:

 (a) under this section; and

 (b) under section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004;

cannot be more than $300,000.

 (4) The total of the amounts determined for the Department of the House of Representatives:

 (a) under this section; and

 (b) under section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004;

cannot be more than $300,000.

 (5) The total of the amounts determined for all the other Parliamentary Departments together:

 (a) under this section; and

 (b) under section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004;

cannot be more than $1 million.

 (6) The responsible Presiding Officer must give the Parliament details of amounts determined under this section.

16  Comcover receipts

  After the commencement of this Act, section 14 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004 has effect as if the reference to an item included a reference to an item in the Schedule to this Act.

Note: Section 14 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003‑2004 provides for amounts to be added to items for a Parliamentary Department in respect of Comcover payments to the Parliamentary Department.

Part 4—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.

Schedule 1—Services for which money is appropriated

Note: See sections 6 and 18.

Summary

Additional Appropriation (bold figures) — 2003‑2004

Budget Appropriation (italic figures) — 2003‑2004

SENATE

Additional Appropriation (bold figures) — 2003‑2004

Budget Appropriation (italic figures) — 2003‑2004

Actual Available Appropriation (light figures) — 2002‑2003

HOUSE OF REPRESENTATIVES

Additional Appropriation (bold figures) — 2003‑2004

Budget Appropriation (italic figures) — 2003‑2004

Actual Available Appropriation (light figures) — 2002‑2003

DEPARTMENT OF PARLIAMENTARY SERVICES

Additional Appropriation (bold figures) — 2003‑2004

Budget Appropriation (italic figures) — 2003‑2004

Actual Available Appropriation (light figures) — 2002‑2003

 [Minister’s second reading speech made in—

House of Representatives on 11 February 2004

Senate on 8 March 2004]