Appropriation (Regional Telecommunications Services) Act 2005-2006

Appropriation (Regional Telecommunications Services) Act 2005‑2006

Act No. 115 of 2005 as amended

This compilation was prepared on 5 June 2008
taking into account amendments up to FMA Act Determination 2008/26 — Section 32 (Transfer of Functions from the former DCITA to DBCDE)

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

Part 1—Preliminary

1 Short title [see Note 1]

2 Commencement [see Note 1]

3 Definitions

4 Portfolio Budget Statements and Portfolio Supplementary 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 Reduction of appropriations upon request

Part 3—Additions to basic appropriations

10 Net appropriations

11 Comcover receipts

Part 4—Miscellaneous

12 Crediting amounts to Special Accounts

13 Appropriation of the Consolidated Revenue Fund

Schedule 1—Services for which money is appropriated

Notes

An Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to regional telecommunications services, and for related purposes

Part 1—Preliminary

1  Short title [see Note 1]

  This Act may be cited as the Appropriation (Regional Telecommunications Services) Act 2005‑2006.

2  Commencement [see Note 1]

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

3  Definitions

  In this Act:

administered item means an amount set out in Schedule 1 opposite an outcome of an entity under the heading “Administered Expenses”.

Agency means any of the following:

 (a) an Agency within the meaning of the Financial Management and Accountability Act 1997;

 (b) the High Court.

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

Commonwealth authority has the same meaning as in the Commonwealth Authorities and Companies Act 1997.

Commonwealth company has the same meaning as in the Commonwealth Authorities and Companies Act 1997.

current year means the financial year ending on 30 June 2006.

departmental item means the total amount set out in Schedule 1 in relation to an entity 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.

entity means any of the following:

 (a) an Agency;

 (b) a Commonwealth authority;

 (c) a Commonwealth company;

 (d) the Australian National Training Authority.

expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means an administered item or a departmental item.

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 Act (No. 1) 2005‑2006 and the Bill for the Appropriation Act (No. 2) 2005‑2006.

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

section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997.

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

4  Portfolio Budget Statements and Portfolio Supplementary Estimates Statements

 (1) The Portfolio Budget Statements and Portfolio Supplementary 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 Supplementary 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 $219,218,000.

Note 1: Items in Schedule 1 can be increased under Part 3 of this Act and under section 13 of the Appropriation Act (No. 1) 2005‑2006 (as modified by section 11 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 an entity, 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, subsections (3) and (4) impose 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 an entity may only be applied for the departmental expenditure of the entity.

Note: The acquisition of new departmental assets will usually be funded from an other departmental item (in another Appropriation Act).

 (3) If:

 (a) an Act provides that an entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and

 (b) Schedule 1 contains a departmental item for that entity;

then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund the full amount specified in the item.

 (4) If a departmental item for an Agency 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 an entity, 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 entity 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 an entity 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 (in another Appropriation Act).

 (3) A determination made under paragraph (1)(b) is not a legislative instrument.

9  Reduction of appropriations upon request

 (1) The Finance Minister may, upon written request by a Minister, make a written determination under this section reducing a departmental item for an entity for which the Minister is responsible by the amount specified in the determination.

 (2) The Finance Minister may, upon written request by the Chief Executive of an entity for which the Finance Minister is responsible, make a written determination under this section reducing a departmental item for that entity by the amount specified in the determination.

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

 (4) However, a determination is of no effect if the determination has not been requested under subsection (1) or (2).

 (5) 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) or (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.

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

 (7) To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (5)(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.

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

 (9) A determination made under subsection (1) or (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 of that Act applies to the determination. However, Part 6 of that Act does not apply to the determination.

 (10) A written request made under subsection (1) or (2) is not a legislative instrument.

Part 3—Additions to basic appropriations

10  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”.

11  Comcover receipts

  After the commencement of this Act, section 13 of the Appropriation Act (No. 1) 2005‑2006 has effect as if the reference to an available item included a reference to an item in Schedule 1 to this Act.

Note: Section 13 of the Appropriation Act (No. 1) 2005‑2006 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.

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.

Schedule 1—Services for which money is appropriated

Note: See sections 6 and 13.

Summary

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

Summary

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

PORTFOLIO

Supplementary Appropriation (bold figures) — 2005‑2006

Note 1: The table has been inserted by a Determination under section 32 of the FMA Act. That determination has inserted only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

 No other amounts in the table have been inserted.

Note 2: FMA Act Determination 2008/26 inserted the amount alongside Total: Department of Broadband, Communications and the Digital Economy, under the heading Departmental Outputs, to transfer an amount from the former Department of Communications, Information Technology and the Arts.

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Summary

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO

Supplementary Appropriation (bold figures) — 2005‑2006

Budget Appropriation (italic figures) — 2005‑2006

Actual Available Appropriation (light figures) — 2004‑2005

Note 1: The table has been amended by a Determination under section 32 of the FMA Act. That determination has amended only the actual appropriation items:

(a) for departmental items, the actual appropriation item is the “Total” amount in relation to an entity under the heading “Departmental Outputs”; and

(b) for administered items, the actual appropriation item is the amount set out opposite an Outcome of an entity under the heading “Administered Expenses”.

 No other amounts in the table have been amended.

Note 2: FMA Act Determination 2008/26 amended the amount alongside Total: Department of Communications, Information Technology and the Arts, under the heading Departmental Outputs, to transfer an amount to the Department of Broadband, Communications and the Digital Economy.

Notes to the Appropriation (Regional Telecommunications Services) Act 2005-2006

Note 1

The Appropriation (Regional Telecommunications Services) Act 2005-2006 as shown in this compilation comprises Act No. 115, 2005 amended as indicated in the Tables below.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts/Instruments

Table of Amendments

Table A

Application, saving or transitional provisions

FMA Act Determination 2008/26 — Section 32 (Transfer of Functions from the former DCITA to DBCDE)

12 Revocation of Previous Instrument

This Determination revokes and replaces the Financial Management and Accountability Act 1997 Determination 2007/11 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy) made on 21 December 2007.

13 Savings

(a) Nothing in clause 12 affects the validity of anything done under the Financial Management and Accountability Act 1997 Determination 2007/11 – Section 32 (Transfer from the Department of Communications, Information Technology and the Arts to the Department of Broadband, Communications and the Digital Economy).

(b)  Nothing in this Determination affects the validity of expenditure under an appropriation that existed at the time of the expenditure