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

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

 

No. 38, 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

 

 

 

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

No. 38, 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 4 May 2016]

The Parliament of Australia enacts:

Part 1—Preliminary

 

1  Short title

  This Act may be cited as the Supply (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 later of:

(a) 1 July 2016; and

(b) the day this Act receives the Royal Assent.

1 July 2016

(paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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

 (1) 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”.

Appropriation (Parliamentary Departments) Act (No. 1) 20162017 means the Act (if any) with that name passed by the 44th Parliament.

Appropriation (Parliamentary Departments) Bill (No. 1) 20162017 means the Bill with that name introduced into the 44th Parliament.

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 tabled in the Senate or the House of Representatives in relation to the Appropriation (Parliamentary Departments) Bill (No. 1) 20162017.

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.

 (2) To avoid doubt, for the purposes of other laws this Act is to be treated as an Appropriation Act.

4  Portfolio statements

 (1) 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.

 (2) For the purposes of this Act and the Appropriation (Parliamentary Departments) Act (No. 1) 20162017, the portfolio statements are taken to cover both the Bill for this Act and the Appropriation (Parliamentary Departments) Bill (No. 1) 20162017.

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 $96,752,000.

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 Appropriation (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 Appropriation (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 Appropriation (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 Appropriation (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 Appropriation (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

8,436

Department of the House of Representatives

9,058

Department of Parliamentary Services

76,374

Parliamentary Budget Office

2,884

 

 

 

Total

96,752

 

 

 

 

 

 

 

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

8,436

8,436

21,503

21,503

 

 

 

 

 

Department of the House of Representatives

8,924

134

9,058

21,810

324

22,134

 

 

 

 

 

Department of Parliamentary Services

58,660

2,914

14,800

76,374

141,924

6,703

33,741

182,368

 

 

 

 

 

Parliamentary Budget Office

2,884

2,884

7,410

7,410

 

 

 

 

 

Total: Parliamentary Departments

78,904

3,048

14,800

96,752

 

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

 

 

 

8,436

8,436

21,503

21,503

 

 

 

 

Total: Department of the Senate

8,436

8,436

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

 

 

 

8,924

134

9,058

21,810

324

22,134

 

 

 

 

Total: Department of the House of Representatives

8,924

134

9,058

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

 

 

 

58,660

2,914

61,574

141,924

6,703

148,627

 

 

 

 

Total: Operating

58,660

2,914

61,574

 

141,924

6,703

148,627

Nonoperating

 

 

 

Administered Assets and Liabilities

 

 

14,800

 

 

33,741

Total: Nonoperating

 

 

14,800

 

 

 

33,741

Total: Department of Parliamentary Services

58,660

2,914

76,374

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

 

 

 

2,884

2,884

7,410

7,410

 

 

 

 

Total: Parliamentary Budget Office

2,884

2,884

7,410

7,410

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 2 May 2016

Senate on 2 May 2016]

 

(70/16)

 

Overview

The Supply (Parliamentary Departments) Act (No. 1) 2016-2017 was enacted by the Parliament of Australia to address the need for the appropriation of funds from the Consolidated Revenue Fund for the expenditure of the Parliamentary Departments. The Act provides for the appropriation of funds for the financial year ending on 30 June 2017, and includes provisions for departmental items, administered items, administered assets and liabilities items, and other departmental items. It also allows for the advance to the responsible Presiding Officer if there is an urgent need for expenditure that was not provided for or was insufficiently provided for in the appropriation. The policy objective of the Act is to ensure that the Parliamentary Departments have the necessary funds to carry out their functions effectively. The Act will be repealed at the start of 1 July 2019. The Act includes definitions of key terms, such as "administered assets and liabilities item", "administered item", "Appropriation (Parliamentary Departments) Act (No. 1) 2016-2017", "current year", "departmental item", "expenditure", "item", "non-corporate entity", "other departmental item", "Parliamentary Department", "Portfolio Budget Statements", "portfolio statements", "President", "responsible Presiding Officer", "Speaker", and "special account". The Act also declares the portfolio statements to be relevant documents for the purposes of section 15AB of the Acts Interpretation Act 1901. It provides for notional transactions between non-corporate entities to be treated as if they were real transactions, and for amounts to be debited from an appropriation for the paying non-corporate entity, even though no payment is actually made from the Consolidated Revenue Fund. The Act also provides for the crediting of amounts to special accounts, the appropriation of the Consolidated Revenue Fund, and the repeal of the Act.

Scope and Application

The Supply (Parliamentary Departments) Act (No. 1) 2016-2017 applies to the appropriation of funds from the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, namely the Department of the Senate, the Department of the House of Representatives, the Department of Parliamentary Services, and the Parliamentary Budget Office. This Act specifies the allocation of funds for these departments to cover departmental, administered, and other departmental items as outlined in Schedule 1. The Act also provides for the appropriation of funds to special accounts, ensuring that the financial management of these departments is transparent and in line with the Public Governance, Performance and Accountability Act 2013. The notional transactions between entities that are part of the Commonwealth are treated as if they were real transactions for the purposes of this Act, and the amounts specified for different items can be applied for the respective purposes as outlined in the Act. The Act has a jurisdictional reach across the Commonwealth and is subject to repeal at the start of 1 July 2019. The application of the Act may be extended or restricted through subordinate instruments, which are considered legislative instruments but are exempt from disallowance and sunsetting provisions.

Key Provisions

The Supply (Parliamentary Departments) Act (No. 1) 2016-2017 outlines the appropriation of funds from the Consolidated Revenue Fund for expenditure related 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 details the specific allocations for each department, with a total appropriation of $96,752,000 for the financial year ending on 30 June 2017 (sections 6 and 7). The Act mandates that the funds appropriated for each Parliamentary Department may be used for their respective departmental expenditures (section 7). Additionally, it specifies that the amounts designated for administered items can be used for expenditure aimed at achieving the outcomes specified in the portfolio statements, and similarly for administered assets and liabilities items (sections 8 and 9). The Act also allows for the application of amounts specified in other departmental items for the departmental expenditure of the respective departments (section 10). The responsible Presiding Officers, which are the President of the Senate, the Speaker of the House of Representatives, and the President and Speaker together for the Department of Parliamentary Services and the Parliamentary Budget Office, have the authority to make determinations regarding additional urgent expenditures that are not provided for in the initial appropriation schedule (section 11). These determinations can adjust the appropriation amounts up to specified limits: $300,000 for the Department of the Senate and the Department of the House of Representatives, $1 million for the Department of Parliamentary Services, and $300,000 for the Parliamentary Budget Office. Failure to comply with the provisions of this Act could result in legal consequences, although specific offences, penalties, or consequences are not explicitly detailed within the Act itself. However, given the nature of the legislation, breaches could potentially lead to financial mismanagement or improper use of public funds, which might be subject to scrutiny under other relevant legislation, such as the Public Governance, Performance and Accountability Act 2013.

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Finance & Banking Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Appropriation of the Consolidated Revenue Fund
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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.