Supply (Parliamentary Departments) Act 1991-92

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Supply (Parliamentary Departments) Act 1991-92

No. 92 of 1991

An Act to make interim provision for the appropriation of money out of the Consolidated Revenue Fund for certain expenditure in relation to the Parliamentary Departments in respect of the year ending on 30 June 1992, and for related purposes

[Assented to 26 June 1991]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Supply (Parliamentary Departments) Act 1991-92.

Commencement

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

Issue and application of $51 587 000

3. (1) The Minister for Finance may issue out of the Consolidated Revenue Fund and apply for the services specified in the Schedule, in respect of the year ending on 30 June 1992, the sum of       $51 587 000.

28063 Cat. No. 91 3964 5


(2) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of subsection (1).

Additional appropriation in respect of increases in salaries

4. (1) In addition to the sum referred to in section 3 the Minister for Finance may, at any time before 1 December 1991, issue out of the Consolidated Revenue Fund for the service of the year ending on 30 June 1992 amounts not exceeding such amounts as are determined by the President, by the Speaker, or by the President and the Speaker, in accordance with subsection (2), (3) or (4), as the case may be.

(2) The amounts determined by the President under this subsection must not exceed the amounts estimated to be necessary for the payment of such increases in salaries, and payments in the nature of salary, for which provision is made in subdivision 1 of Division 101 in the Schedule, as have become payable or become payable, or have commenced or commence to be paid, after 5 April 1991, in accordance with a law, or an award, order or determination made under a law.

(3) The amounts determined by the Speaker under this subsection must not exceed the amounts estimated to be necessary for the payment of such increases in salaries, and payments in the nature of salary, for which provision is made in subdivision 1 of Division 103 in the Schedule, as have become payable or become payable, or have commenced or commence to be paid, after 5 April 1991, in accordance with a law, or an award, order or determination made under a law.

(4) The amounts determined by the President and the Speaker under this subsection must not exceed the amounts estimated to be necessary for the payment of such increases in salaries, and payments in the nature of salary, for which provision is made in subdivision 1 of Division 105, subdivision 1 of Division 106, or subdivision 1 of Division 107, in the Schedule, as have become payable or become payable, or have commenced or commence to be paid, after.5 April 1991, in accordance with a law, or an award, order or determination made under a law.

(5) Amounts issued under subsection (1) may be applied only for the purpose of expenditure in respect of increases referred to in subsection (2), (3) or (4) in salaries and in payments in the nature of salary and the Minister for Finance must report the amounts so issued to the Parliament.


(6) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of this section.

Net annotated appropriations

5. Where the description of the purpose of an appropriation set out in an item, subdivision or Division of the Schedule concludes with the words "(net appropriation — see section 5)", the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that all money received:

(a) from the sale, leasing or hiring out of, or other dealing with, goods or personal property; or

(b) from the sale of real property used for the purpose of providing staff residential accommodation or from the leasing of real property for that purpose; or

(c) from the provision of services;

may be credited to that item, subdivision or Division, to such extent as is, and on such conditions as are, agreed between the Minister for Finance and the Presiding Officer or Presiding Officers responsible for the Department for which the appropriation is made.

Advances to President, Speaker or President and Speaker

6. (1) Expenditure in relation to the Senate in excess of specific appropriation may be charged to such subdivision of Division 101 in the Schedule as the President may direct but the total expenditure so charged in the financial year ending on 30 June 1992, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Advance to the President of the Senate".

(2) Expenditure in relation to the House of Representatives in excess of specific appropriation may be charged to such subdivision of Division 103 in the Schedule as the Speaker may direct but the total expenditure so charged in the financial year ending 30 June 1992, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Advance to the Speaker of the House of Representatives".


(3) Expenditure in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department in excess of specific appropriation may be charged to such subdivision of Division 105, 106 or 107 in the Schedule as the President and the Speaker both direct but the total expenditure so charged in the financial year ending 30 June 1992, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head "Joint Advance to the President and the Speaker".


SCHEDULE Section 3

ABSTRACT

Page Reference

Departments and Services

Total

 

 

$

6

Senate.............................................

8 178 000

6

Advance to the President of the Senate........................

300 000

7

House of Representatives.................................

8 811 000

7

Advance to the Speaker of the House of Representatives............

300 000

8

Parliamentary Reporting Staff.............................

12 435 000

8

Parliamentary Library...................................

4 500 000

8

Joint House Department.................................

16 063 000

9

Joint Advance to the President and the Speaker..................

1 000 000

 

Total.............................................

51 587 000

SUMMARY

Supply (Parliamentary Departments) Bill — 1991-92, Heavy figures

Appropriation —1990-91 *, Light figures

Division

Operating Expenses

Capital Expenditure

Total

 

$

$

$

101  Senate...........................

8 178 000

8 178 000

 

18 248 000

18 248 000

103  House of Representatives..............

8 811 000

8 811 000

 

20 333 000

20 333 000

105  Parliamentary Reporting Staff...........

12 435 000

12 435 000

 

29 828 000

700 000

30 528 000

106  Parliamentary Library................

4 500 000

4 500 000

 

11 203 000

11 203 000

107  Joint House Department...............

14 148 000

1 915 000

16 063 000

 

33 972 000

3 890 000

37 862 000

Total........................... 

48 072 000

1 915 000

49 987 000

 

11 3 584 000

4 590 000

118 174 000

* Does not include amounts appropriated under Division 102 — Advance to the President of the Senate ($300 000), Division 104 — Advance to the Speaker of the House of Representatives ($300 000) and Division 108 — Joint Advance to the President and the Speaker ($1 000 000).


 

Services

Supply Appropriation 1991-92

Appropriation 1990-91*

 

$

$

Division 101.—SENATE

 

 

1. Operating expenses (net appropriation —see section 5) 

8 009 000

18 245 000

2. Payments under subsection 34A(1) of the Audit Act 1901.

2 000

3 000

3. Citizenship visits program....................

167 000

Total: Senate...........................

8 178 000

18 248 000

* Does not include amounts appropriated under Division 102 — Advance to the President of the Senate, Division 104 — Advance to the Speaker of the House of Representatives and Division 108 — Joint Advance to the President and the Speaker.

Services

Supply Appropriation 1991-92

Appropriation 1990-91

 

$

$

ADVANCE TO THE PRESIDENT OF THE SENATE

 

 

Division 102.—ADVANCE TO THE PRESIDENT OF THE SENATE

 

 

To enable the President of the Senate to make money available for expenditure:

(a) that the President of the Senate is satisfied is expenditure that is urgently required and:

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

(b) particulars of which will afterwards be submitted to the Parliament;

 

 

being expenditure for the service of the year ending on 30 June 1992 in relation to the Senate 

300 000

300 000


 

Services

Supply Appropriation 1991-92

Appropriation 1990-91 *

 

S

$

Division 103.—HOUSE OF REPRESENTATIVES

 

 

1. Operating expenses (net appropriation — see section 5) 

8 644 000

19 885 000

Citizenship visits program.....................

167 000

Training Assistance for Parliaments of Developing Countries (including payments to the training assistance for Parliaments of Developing Countries Trust Account)             

448 000

Total: House of Representatives..............

8 811 000

20 333 000

* Does not include amounts appropriated under Division 102 — Advance to the President of the Senate, Division 104 — Advance to the Speaker of the House of Representatives and Division 108 — Joint Advance to the President and the Speaker.

Services

Supply Appropriation 1991-92

Appropriation 1990-91

 

$

$

ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

 

 

Division 104.—ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

 

 

To enable the Speaker of the House of Representatives to make money available for expenditure:

(a) that the Speaker of the House of Representatives is satisfied is expenditure that is urgently required and:

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

(b) particulars of which will afterwards be submitted to the Parliament;

 

 

being expenditure for the service of the year ending on 30 June 1992 in relation to the House of Representatives.             

300 000

300 000


 

Services

Supply Appropriation 1991-92

Appropriation 1990-91 *

 

$

$

Division 105.—PARLIAMENTARY REPORTING STAFF

 

 

1. Operating expenses (net appropriation — see section 5) 

12 435 000

29 828 000

Capital expenditure.........................

 

700 00

Total: Parliamentary Reporting Staff..........

12 435 000

30 528 000

Division 106.—PARLIAMENTARY LIBRARY

 

 

1. Operating expenses (net appropriation — see section 5) 

4 500 000

11 203 000

Total: Parliamentary Library...............

4 500 000

11 203 000

Division 107.—JOINT HOUSE DEPARTMENT

 

 

1. Operating expenses (net appropriation — sec section 5) 

14 148 000

33 972 000

2. Capital expenditure.........................

1 915 000

3 890 000

Total: Joint House Department..............

16 063 000

37 862 000

* Does not include amounts appropriated under Division 102 — Advance to the President of the Senate, Division 104 — Advance to the Speaker of the House of Representatives and Division 108 — Joint Advance to the President and the Speaker.


 

Services

Supply Appropriation 1991-92

Appropriation 1990-91

 

$

$

JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

 

 

Division 108.—JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

 

 

To enable the President and the Speaker to make money available for expenditure:

(a) that both the President and the Speaker are satisfied is expenditure that is urgently required and:

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

(b) particulars of which will afterwards be submitted to the Parliament;

 

 

being expenditure for the service of the year ending on 30 June 1992 in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department             

1 000 000

1 000 000

[Minister's second reading speech made in

House of Representatives on 16 April 1991

Senate on 14 May 1991]

Printed by Authority by the Commonwealth Government Printer (76/91)

 

Overview

The Supply (Parliamentary Departments) Act 1991-92 was enacted to provide interim appropriation for the Parliamentary Departments for the year ending 30 June 1992. This Act was passed by the Parliament of Australia and received Royal Assent on 26 June 1991. The Act addresses the need for interim funding for parliamentary departments until the full appropriation process for the financial year is completed. The primary objective of the Act is to enable the Minister for Finance to issue funds from the Consolidated Revenue Fund for specified services of the parliamentary departments, including the Senate, the House of Representatives, the Parliamentary Reporting Staff, the Parliamentary Library, and the Joint House Department. Additionally, the Act provides for supplementary appropriations to cover increases in salaries that were not accounted for in the initial appropriation, as well as the provision for advances to the President of the Senate, the Speaker of the House of Representatives, and a joint advance for certain parliamentary services. The Act allows for the appropriation of a total sum of $51,587,000 for the specified parliamentary services, with additional provisions for unforeseen or understated expenses. It also outlines mechanisms for the crediting of revenues generated from the sale or leasing of goods, personal property, or real property used for staff accommodation, and services provided by these departments, back into their respective appropriations. This Act ensures that parliamentary departments can continue to function effectively pending the completion of the formal budgetary process.

Scope and Application

The Supply (Parliamentary Departments) Act 1991-92 applies to the appropriation of funds from the Consolidated Revenue Fund for specific services provided by Parliamentary Departments for the year ending on 30 June 1992. The Act authorises the Minister for Finance to issue and apply a total sum of $51,587,000 for services specified in the Schedule, which includes the Senate, House of Representatives, Parliamentary Reporting Staff, Parliamentary Library, and Joint House Department. Additionally, the Minister for Finance is permitted to issue further sums for salary increases for parliamentary officers, subject to certain conditions and limits set by the President, the Speaker, or both. The Act also provides for net annotated appropriations, allowing certain revenues to be credited to specific appropriations. Advances to the President, Speaker, or both are allowed for certain expenditures exceeding specific appropriations, with caps on total expenditure for the financial year. The Act applies to the Commonwealth level and does not specify any exclusions, exemptions, or thresholds within its provisions. The application of the Act is not extended or restricted through subordinate instruments.

Key Provisions

The Supply (Parliamentary Departments) Act 1991-92 (the "Act") provides for the appropriation of funds out of the Consolidated Revenue Fund for the year ending 30 June 1992, specifically for certain expenditure in relation to the Parliamentary Departments. Section 3(1) authorises the Minister for Finance to issue and apply a sum of $51,587,000 for specified services, with the Consolidated Revenue Fund being appropriated to the extent necessary for these purposes (section 3(2)). Additionally, Section 4 allows for further appropriation of funds for increases in salaries and payments in the nature of salary for specified Parliamentary Departments, subject to certain conditions and limits set out in subsections (2) to (4). This additional appropriation must be reported to Parliament by the Minister for Finance. Section 5 deals with the treatment of net appropriations, specifying that certain proceeds from sales, leases, or services may be credited to specified items, subject to agreements between the Minister for Finance and relevant Presiding Officers. Section 6 addresses advances to the President of the Senate, the Speaker of the House of Representatives, or both, allowing for excess expenditure to be charged to specific subdivisions of the Schedule, provided it does not exceed the appropriated amount for that financial year. The Act imposes specific obligations on the Minister for Finance and other relevant officers. The Minister for Finance is responsible for issuing funds as authorised by the Act and ensuring that any additional appropriations for salary increases are within the specified limits and are reported to Parliament. The President and Speaker are also required to ensure that any excess expenditure charged to their respective offices does not exceed the amounts appropriated under the Act. Furthermore, the Act mandates that any expenditure charged under Section 6 must be reported to Parliament, and the total expenditure charged in any financial year must not exceed the specified appropriations. There are no explicit offences, penalties, or civil/criminal consequences detailed within the text of the Act for breaches of its provisions. However, the requirement to report additional appropriations and excess expenditures to Parliament implies a duty to comply with parliamentary oversight and accountability mechanisms. Failure to adhere to these requirements could potentially lead to scrutiny or consequences under parliamentary procedures or other relevant legislation governing public expenditure and accountability.

Legal classification tags

Area of Law
Administrative Law
Instrument
Act
Concepts
Commencement Provisions
Delegation of Authority
Appropriation of Funds
Reporting Requirements

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