Appropriation Act (No. 6) 2005-2006

No. 70, 2006

An Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes

[Assented to 23 June 2006]

The Parliament of Australia enacts:

Part 1—Preliminary

1 Short title

This Act may be cited as the Appropriation Act (No. 6) 2005‑2006.

2 Commencement

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

3 Definitions

In this Act:

administered assets and liabilities item means an amount set out in Schedule 2 in relation to an entity opposite the heading “Administered Assets and Liabilities”.

administered item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “New Administered Expenses”.

Agency means:

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

(b) the High Court of Australia.

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.

entity means any of the following:

(a) an Agency;

(b) a Commonwealth authority;

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 State, ACT, NT and local government item;

(b) an administered item;

(d) an other departmental item.

other departmental item means an amount set out in Schedule 2 in relation to an entity:

(a) opposite the heading “Equity Injections”; or

(b) opposite the heading “Loans”; or

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 the Appropriation Act (No. 3) 2005‑2006 and the Bill for the Appropriation Act (No. 4) 2005‑2006.

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 Additional Estimates Statements means the Portfolio Supplementary Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act and the Bill for the Appropriation Act (No. 5) 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 the Appropriation (Regional Telecommunications Services) Act 2005‑2006.

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

State, ACT, NT and local government item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Payments to the States, ACT, NT and local government”.

4 Portfolio Budget Statements etc.

(1) The Portfolio Budget Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Estimates Statements and Portfolio Supplementary 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, Portfolio Additional Estimates Statements, Portfolio Supplementary Estimates Statements or Portfolio Supplementary 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 2 is $2,289,288,000.

Note 1: Items in Schedule 2 can be increased under section 13 of the Appropriation Act (No. 1) 2005‑2006 (as modified by section 11 of the Appropriation Act (No. 5) 2005‑2006).

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 State, ACT, NT and local government items—basic appropriation

(1) For a State, ACT, NT and local government 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 a State, ACT, NT and local government item for an outcome of an entity may only be applied for the purpose of making payments to or for the States, the Australian Capital Territory, the Northern Territory and local government authorities for the purpose of contributing to achieving that outcome.

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

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.

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

9 Administered assets and liabilities items—basic appropriation

(1) For an administered assets and liabilities 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.

(2) An amount issued out of the Consolidated Revenue Fund for an administered assets and liabilities item for an entity 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 relation to the entity:

(a) in Schedule 2 to this Act; or

(b) in Schedule 1 to the Appropriation Act (No. 5) 2005‑2006; or

(d) in Schedule 1 to the Appropriation Act (No. 3) 2005‑2006; or

(e) in Schedule 2 to the Appropriation Act (No. 2) 2005‑2006; or

(f) in Schedule 1 to the Appropriation Act (No. 1) 2005‑2006; or

(g) in Schedule 1 to the Appropriation (Regional Telecommunications Services) Act 2005‑2006.

10 Other departmental items—basic appropriation

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

(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 2 contains an other 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.

11 Reduction of appropriations upon request

(1) The Finance Minister may, upon written request by a Minister, make a written determination reducing an administered assets and liabilities item or an other 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 reducing an administered assets and liabilities item or an other 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 made under subsection (1) or (2) 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

12 Advance to the Finance Minister

(1) This section applies if the Finance Minister is satisfied that:

(a) there is an urgent need for expenditure, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 2; and

(b) the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 2:

(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 2 were amended, in accordance with a determination of the Finance Minister, to make provision for so much (if any) of the additional expenditure as the Finance Minister determines.

(3) The total of the amounts determined:

(a) under this section; and

(b) under section 13 of the Appropriation Act (No. 2) 2005‑2006; and

cannot be more than $215 million.

(4) However, if an amount determined by the Finance Minister under section 13 of the Appropriation Act (No. 2) 2005‑2006 or section 13 of the Appropriation Act (No. 4) 2005‑2006 is recovered from an amount set out in Schedule 2 to this Act, the determined amount is to be disregarded for the purposes of subsection (3).

(5) A determination made under subsection (2) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the determination.

Part 4—Miscellaneous

13 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.

14 Conditions etc. applying to State, ACT, NT and local government items

(1) This section applies to any payment made out of money appropriated by a State, ACT, NT and local government item for an outcome specified in column 2 of the table in Schedule 1.

(2) The payment:

(a) must be made on the terms and conditions (if any) from time to time determined, in the way described in subsection (3), as applying to payments made:

(i) in relation to the outcome; and

(ii) to or for a State, the Australian Capital Territory, the Northern Territory or a local government authority; and

(iii) out of money appropriated by an annual Appropriation Act; and

(b) must be made in the amounts, and at the times, determined in writing by the Minister specified in column 4 of the table.

(3) The way of determining the terms and conditions applying to payments described in paragraph (2)(a) is for the Minister specified, in column 3 of the table in Schedule 1, for the outcome to make the determination in writing before or after the commencement of this Act.

(4) Determinations mentioned in paragraph (2)(a) and determinations made under paragraph (2)(b) are not legislative instruments.

(5) This section does not limit the Commonwealth’s power to:

(a) apply terms and conditions to payments made out of money that is not appropriated by a State, ACT, NT and local government item; or

(b) determine the amounts and times of those payments.

15 Appropriation of the Consolidated Revenue Fund

The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

Schedule 1—Payments to or for the States, ACT, NT and local government

Note: See section 14.

Schedule 2—Services for which money is appropriated

Note: See sections 6 and 15.


Abstract
Page
Reference	Portfolio	Total
		$'000

19	Defence	62
20	Environment and Heritage	7,937
22	Families, Community Services and Indigenous Affairs	80
23	Finance and Administration	521,152
25	Industry, Tourism and Resources	68
26	Transport and Regional Services	1,759,989

	Total	2,289,288

APPROPRIATIONS

Summary

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006


	Payments to
	States, ACT,	New
	NT and local	Administered	Non‑
Portfolio	government	Expenses	operating	Total
	$'000	$'000	$'000	$'000

Agriculture, Fisheries and Forestry	‑	‑	‑	‑
	617,419	‑	4,341	621,760
				Continued
Attorney‑General’s	‑	‑	‑	‑
	50,545	‑	156,835	207,380
				Continued
Communications, Information	‑	‑	‑	‑
Technology and the Arts	72,900	‑	70,718	143,618
				Continued
Defence	‑	‑	62	62
	7,286	‑	1,255,623	1,262,909
				Continued
Education, Science and Training	‑	‑	‑	‑
	‑	‑	32,289	32,289
				Continued
Employment and Workplace Relations	‑	‑	‑	‑
	‑	‑	100,195	100,195
				Continued
Environment and Heritage	‑	‑	7,937	7,937
	31,805	‑	40,408	72,213
				Continued
Families, Community Services and	80	‑	‑	80
Indigenous Affairs	1,938,863	‑	750	1,939,613
				Continued
Finance and Administration	‑	‑	521,152	521,152
	‑	‑	313,216	313,216
				Continued
Foreign Affairs and Trade	‑	‑	‑	‑
	‑	‑	140,035	140,035
				Continued
Health and Ageing	‑	‑	‑	‑
	1,167,007	‑	222,005	1,389,012
				Continued
Immigration and Multicultural Affairs	‑	‑	‑	‑
	2,196	‑	36,283	38,479
				Continued
Industry, Tourism and Resources	68	‑	‑	68
	52,772	‑	30,146	82,918
				Continued
Prime Minister and Cabinet	‑	‑	‑	‑
	‑	‑	17,246	17,246
				Continued
Transport and Regional Services	1,759,989	‑	‑	1,759,989
	1,779,516	336,793	38,078	2,154,387
				Continued
Treasury	‑	‑	‑	‑
	515,160	‑	14,214	529,374
				Continued
Total: Bill 6	1,760,137	‑	529,151	2,289,288
	6,235,469	336,793	2,472,382	9,044,644

DEFENCE PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DEPARTMENT OF VETERANS’ AFFAIRS
Non‑operating
	Equity Injections			62
				6,275
				1,676
Total: Department of Veterans’ Affairs		‑	‑	62

ENVIRONMENT AND HERITAGE PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DEPARTMENT OF THE ENVIRONMENT AND HERITAGE
Non‑operating
	Administered Assets and Liabilities			1,871
				1,998
				‑
Total: Department of the Environment		‑	‑	1,871
and Heritage				38,608

ENVIRONMENT AND HERITAGE PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DIRECTOR OF NATIONAL PARKS
Non‑operating
	Equity Injections			6,066
				‑
				‑
Total: Director of National Parks		‑	‑	6,066

FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DEPARTMENT OF FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
Operating
	Outcome 5 ‑
	Strong and resilient communities ‑	80	‑	80
	Services and assistance that: promote	‑	‑	‑
	community partnerships; and encourage participation in the local community by individuals, families, business and government	‑	‑	‑

Total: Department of Families, Community		80	‑	80
Services and Indigenous Affairs				1,939,613

FINANCE AND ADMINISTRATION PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DEPARTMENT OF FINANCE AND ADMINISTRATION
Non‑operating
	Administered Assets and Liabilities			521,100
				18,944
				106,742
Total: Department of Finance and		‑	‑	521,100
Administration				249,554

FINANCE AND ADMINISTRATION PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
MEDICARE AUSTRALIA
Non‑operating
	Equity Injections			52
				4,778
				19,978
Total: Medicare Australia		‑	‑	52

INDUSTRY, TOURISM AND RESOURCES PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DEPARTMENT OF INDUSTRY, TOURISM AND RESOURCES
Operating
	Outcome 1 ‑
	A stronger, sustainable and	68	‑	68
	internationally competitive Australian	52,772	‑	52,772
	industry, comprising the manufacturing, resources and services sectors	50,825	‑	50,825

Total: Department of Industry, Tourism		68	‑	68
and Resources				78,697

TRANSPORT AND REGIONAL SERVICES PORTFOLIO

Additional Appropriation (bold figures)—2005‑2006

Actual Available Appropriation (italic figures)—2005‑2006

Actual Available Appropriation (light figures)—2004‑2005


		Payments to
		States, ACT,	New
		NT and local	Administered
		government	Expenses	Total
		$'000	$'000	$'000
DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES
Operating
	Outcome 1 ‑
	Fostering an efficient, sustainable,	1,759,989	‑	1,759,989
	competitive, safe and secure transport	1,625,469	336,793	1,962,262
	system	30,647	‑	30,647

Total: Department of Transport and		1,759,989	‑	1,759,989
Regional Services				2,151,430

Column 1	Column 2	Column 3	Column 4

		Minister	Minister
		determining	determining
Entity	Outcome	conditions	payments

Department of Agriculture, Fisheries and Forestry	More sustainable, competitive and profitable Australian agricultural, food, fisheries and forestry industries	Minister for Agriculture, Fisheries and Forestry	Minister for Agriculture, Fisheries and Forestry

Attorney‑General’s Department	An equitable and accessible system of federal civil justice	Attorney‑General	Attorney‑General

Office of Film and Literature Classification	Australians make informed decisions about films, publications and computer games which they, or those in their care may view, read or play	Attorney‑General	Attorney‑General

Department of Communications, Information Technology and the Arts	Development of a stronger and internationally competitive Australian sports sector and encouragement of greater participation in sport by all Australians	Minister for Communications, Information Technology and the Arts	Minister for Communications, Information Technology and the Arts

Department of Veterans’ Affairs	Eligible veterans, serving and former defence force members, their war widows and widowers and dependants have access to health and other care services that promote and maintain self‑sufficiency, well‑being and quality of life	Minister for Veterans’ Affairs	Minister for Veterans’ Affairs

Department of the Environment and Heritage	The environment, especially those aspects that are matters of national environmental significance, is protected and conserved	Minister for the Environment and Heritage	Minister for the Environment and Heritage








Continued

Department of Families, Community Services and Indigenous Affairs	An integrated social support system — Services and assistance that: promote a forward‑looking social support system based on sound policy, effective social coalitions and partnerships; and help to build the capacity and well‑being of individuals, families and communities	Minister for Families, Community Services and Indigenous Affairs	Minister for Families, Community Services and Indigenous Affairs

Department of Families, Community Services and Indigenous Affairs	Greater self‑reliance and engagement for those in need through shared responsibility, practical support and help with housing — Services and assistance that: support Indigenous families and communities; and help homeless people and low‑income households to gain affordable and appropriate housing	Minister for Families, Community Services and Indigenous Affairs	Minister for Families, Community Services and Indigenous Affairs

Department of Families, Community Services and Indigenous Affairs	Seniors, people with disabilities, carers, youth and women are supported, recognised and encouraged to participate in the community — Services and assistance that help people to: participate actively in community and economic life; access a responsive and sustainable safety net; and develop their capabilities	Minister for Families, Community Services and Indigenous Affairs	Minister for Families, Community Services and Indigenous Affairs

Department of Families, Community Services and Indigenous Affairs	Families and children have choices and opportunities — Services and assistance that: help children have the best possible start to life; promote healthy family relationships; and help families adapt to changing economic and social circumstances and take an active part in the community	Minister for Families, Community Services and Indigenous Affairs	Minister for Families, Community Services and Indigenous Affairs

Department of Families, Community Services and Indigenous Affairs	Strong and resilient communities — Services and assistance that: promote community partnerships; and encourage participation in the local community by individuals, families, business and government	Minister for Families, Community Services and Indigenous Affairs	Minister for Families, Community Services and Indigenous Affairs

			Continued

Department of Health and Ageing	The incidence of preventable mortality, illness and injury in Australians is minimised	Minister for Health and Ageing	Minister for Health and Ageing

Department of Health and Ageing	Older Australians enjoy independence, good health and well being. High quality, cost‑effective care is accessible to frail older people, and their carers are supported	Minister for Health and Ageing	Minister for Health and Ageing
Continued
Department of Health and Ageing	Improved health outcomes for Australians living in regional, rural and remote locations.	Minister for Health and Ageing	Minister for Health and Ageing

Department of Health and Ageing	Australians have access to public hospitals, related hospital care, diagnostic services and medical services underpinned by appropriate medical indemnity arrangements	Minister for Health and Ageing	Minister for Health and Ageing

Department of Health and Ageing	Australia’s health system benefits from high quality health and medical research conducted at the highest ethical standard, well‑developed research capabilities and sound evidence‑based advice that informs health policy and practice	Minister for Health and Ageing	Minister for Health and Ageing

Department of Health and Ageing	Australia’s health system has coordinated arrangements to respond effectively to national health emergencies, including infectious disease outbreaks, terrorism and natural disasters	Minister for Health and Ageing	Minister for Health and Ageing

Department of Immigration and Multicultural Affairs	A society which values Australian citizenship, appreciates cultural diversity and enables migrants to participate equitably	Minister for Immigration and Multicultural Affairs	Minister for Immigration and Multicultural Affairs

Department of Industry, Tourism and Resources	A stronger, sustainable and internationally competitive Australian industry, comprising the manufacturing, resources and services sectors	Minister for Industry, Tourism and Resources	Minister for Industry, Tourism and Resources


Continued
Department of Transport and Regional Services	Fostering an efficient, sustainable, competitive, safe and secure transport system	Minister for Transport and Regional Services	Minister for Transport and Regional Services

Department of Transport and Regional Services	Assisting regions to manage their own futures	Minister for Transport and Regional Services	Minister for Transport and Regional Services

Department of the Treasury	Effective government spending and taxation arrangements	Treasurer	Treasurer

Department of the Treasury	Well functioning markets	Treasurer	Treasurer