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Act No. 67 of 1996 as made
An Act to appropriate 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 1997, and for related purposes
Administered by: Finance
Registered 13 Oct 2010
Date of Assent 28 Nov 1996
Date of repeal 25 Sep 2012
Repealed by Statute Stocktake (Appropriations) Act (No. 1) 2012

Title: Commonwealth Coat of Arms of Australia

Appropriation (Parliamentary Departments) Act 1996-97

No. 67, 1996

An Act to appropriate 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 1997, and for related purposes


Contents

Part 1 — General

1

1

Short title.............................................................................................................

1

2

Commencement...................................................................................................

1

3

Issue and application of $ 69 616 000.................................................................

1

4

Appropriation of $ 137 191 000..........................................................................

2

5

Additional appropriation in respect of increases in salaries.................................

2

6

Amounts expended under Supply (Parliamentary Departments) Act in respect of increases in salaries............................................................................................................................

3

7

Net annotated appropriations...............................................................................

4

8

Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs...........................................................................................

5

9

Advances to President, Speaker or President and Speaker...................................

6

10

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

7

11

Accounting errors etc. may be corrected after close of financial year.................

7

Part 2 — Special Application of Act

8

12

Definition............................................................................................................

8

13

Application of Part...............................................................................................

8

14

Act to have effect subject to modifications..........................................................

8

15

Insertion of definition..........................................................................................

8

16

Modification relating to net annotated appropriations..........................................

9

17

Modifications relating to payments to Departments out of money appropriated for certain purposes 

9

18

Modification relating to the appropriation of certain amounts.............................

10

19

Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year.....................................................................................................................

10

20

Modification relating to act of grace payments....................................................

11

Schedule 1 — Sums authorised to be issued out of the Consolidated Revenue Fund.

13

Schedule 2 — Amount to be deducted from sum appropriated by section 3 of the Supply (Parliamentary Departments) Act 1996-97.....................................................................

14


 

 

Schedule 3 — Services for which money is appropriated                                                  15


 

 


Title: Commonwealth Coat of Arms of Australia

Appropriation (Parliamentary Departments) Act 1996-97

No. 67, 1996

An Act to appropriate 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 1997, and for related purposes

[Assented to 28 November 1996]

The Parliament of Australia enacts:

Part 1 — General

1   Short title

This Act may be cited as the Appropriation (Parliamentary Departments) Act 1996-97.

2   Commencement

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

3   Issue and application of $ 69 616 000

The Minister may issue out of the Consolidated Revenue Fund and apply for the services specified in Schedule 3, in respect of the year ending on 30 June 1997, the sum of $ 69 616 000.


Part 1 General

Section 4

 

4   Appropriation of $ 137 191 000

The following sums amounting in aggregate, as appears in Schedule 1, to $ 137 191 000, are appropriated, and are taken to have been appropriated as from 1 July 1996, for the services specified in Schedule 3 in respect of the year that commenced on that day:

(a)     the sum appropriated by section 3 of the Supply (Parliamentary Departments) Act 1996-97 as that Act is affected by this Act, being the sum appropriated by that section as originally in force less the amount specified in Schedule 2 (which is the amount by which the amount originally appropriated under the subdivision in the Schedule to that Act that is specified in Schedule 2 is reduced by this Act);

(b)     the sum specified in section 3 of this Act.

5   Additional appropriation in respect of increases in salaries

(1)     In addition to the sum referred to in section 3, the Minister may issue out of the Consolidated Revenue Fund for the service of the year ending on 30 June 1997 amounts not exceeding the amounts 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)     For the purposes of subsection (1), the President may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 101 in Schedule 3 as become payable, or commence to be paid, during the year ending 30 June 1997 under a law, or an award, order or determination made under a law.

(3)     For the purposes of subsection (1), the Speaker may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 104 in Schedule 3 as become payable, or commence to be paid, during the year ending 30 June 1997 under a law, or an award, order or determination made under a law.


Part 1 General

Section 5

 

(4)    For the purposes of subsection (1), the President and the Speaker may jointly determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 107, subdivision 1 of Division 108, or subdivision 1 of Division 109, in Schedule 3 as become payable, or commence to be paid, during the year ending 30 June 1997 under 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.

(6)    The Minister must report the amounts so issued to the Parliament.

(7)    The Consolidated Revenue Fund is appropriated as necessary for the purposes of this section.

(8)    In this section:

President means the President of the Senate.

Speaker means the Speaker of the House of Representatives.

6 Amounts expended under Supply (Parliamentary Departments) Act in respect of increases in salaries

Amounts:

(a)     issued, before the commencement of this Act, in accordance with section 4 of the Supply (Parliamentary Departments) Act 1996-97; and

(b)     applied in payment of salaries, or payments in the nature of salaries, for which provision is made in Schedule 3;

are taken to have been issued and applied under this Act.


Part 1 General

Section 7

 

7 Net annotated appropriations

(1)   If the description of the purpose of an appropriation set out in an item, subdivision or Division in Schedule 3 includes the words "net appropriation — see section 7", the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Parliamentary Department for which the appropriation is made:

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

(d)     from a person (employee) appointed or employed by, or performing services for, the Commonwealth as payment for any benefit provided (whether to the employee or another person) in respect of the appointment or employment of, or the services performed by, the employee; or

(e)      from the sub-leasing of real property, or the resale of goods used in fitting out premises, under a property resource agreement between the Minister and the Presiding Officer or Presiding Officers responsible for that Department;

may be credited to that item, subdivision or Division, to the extent and on the conditions agreed between the Minister and the Presiding Officer or Presiding Officers.

(2)   If the Consolidated Revenue Fund is credited with an amount purported to have been paid in respect of:

(a)      a sale, or other transaction, referred to in paragraph (1)(a), (b) or (e); or

(b)     the provision of services; or

(c)      any benefit referred to in paragraph (1)(d);


Part 1 General

Section 7

 

that amount is taken, for the purposes of subsection (1), to be money received from that sale or other transaction, from the provision of those services or as payment for that benefit (as the case may be), whether or not money has in fact been received in payment of that amount.

8 Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs

(1)  If:

(a)     a payment (whether real or notional) is made to a Parliamentary Department out of money appropriated for the purposes of an approved employment subsidy scheme or program; and

(b)     the payment is an approved payment; and

(c)     an item, subdivision or Division in Schedule 3 appropriates money to that Department for running costs;

that Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Department by way of such a payment may be credited to that item, subdivision or Division.

(2)  If:

(a)     the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Parliamentary Department; and

(b)    that payment is an approved payment;

that amount is taken, for the purposes of subsection (1), to be money received by the Department by way of such a payment, whether or not money has in fact been received in respect of the payment.

 


Part 1 General

Section 8

 

(3) In this section:

approved employment subsidy scheme or program means an employment subsidy scheme or program determined by the Minister, under subsection 10(1) of the Appropriation Act (No. 1) 1996-97, to be an approved employment subsidy scheme or program for the purposes of that Act.

approved payment means a payment (out of money appropriated for an approved employment subsidy scheme or program) declared by the Minister, under subsection 10(2) of the Appropriation Act (No. 1) 1996-97, to be an approved payment for the purposes of that Act.

9 Advances to President, Speaker or President and Speaker

(1)     Expenditure in relation to the Senate in excess of specific appropriation may be charged to any subdivision of Division 101 in Schedule 3 as the President directs but the total expenditure so charged in the year ending on 30 June 1997, 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 any subdivision of Division 104 in Schedule 3 as the Speaker directs but the total expenditure so charged in the year ending 30 June 1997, 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 any subdivision of Division 107, 108 or 109 in Schedule 3 as the President and the Speaker both direct but the total expenditure so charged in the year ending 30 June 1997, 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".


Part 1 General

Section 10

 

10 Parliamentary Reporting Staff

The Supply (Parliamentary Departments) Act 1996-97 has effect, and is taken at all times to have had effect, as if the amount appropriated under subdivision 2 of Division 107 in the Schedule to that Act for Capital expenditure, and each amount that includes that amount, were reduced by $95 000.

11   Accounting errors etc. may be corrected after close of financial year

Despite section 36 of the Audit Act 1901, the Minister may take action after 30 June 1997:

(a)     to correct errors or mispostings in the official accounting records of the Commonwealth for the year ending on that day; or

(b)    to balance the Consolidated Revenue Fund, the Trust Fund or the Loan Fund;

if the action does not result in an amount being debited from one of those Funds otherwise than for the purpose of being credited to another of those Funds.

Note: Section 36 of the Audit Act 1901 provides that (except in a particular case provided for in that section) every appropriation out of the Consolidated Revenue Fund for the service of a financial year lapses and ceases to have effect at the end of that year (the unspent balance of any appropriated amount lapsing) and that the accounts of the year are then closed.


Part 2 Special Application of Act

Section 12

 

Part 2 — Special Application of Act

12   Definition

In this Part:

Financial Management and Accountability Act means the Act to be cited as:

(a)     the Financial Management and Accountability Act 1996; or

(b)     the Financial Management and Accountability Act 1997.

13   Application of Part

This Part applies if the Financial Management and Accountability Act commences before 1 July 1997.

14   Act to have effect subject to modifications

This Act has effect after the commencement of the Financial Management and Accountability Act subject to the modifications set out in the following sections.

15   Insertion of definition

After section 2 the following section is inserted:

2A Definition

In this Part:

Financial Management and Accountability Act means:

(a)   the Financial Management and Accountability Act 1996; or

(b)  the Financial Management and Accountability Act 1997;

whichever is in force.


Part 2 Special Application of Act

Section 16

 

16 Modification relating to net annotated appropriations

Section 7 is repealed and the following section is substituted:

7 Net annotated appropriations

If:

(a)     the description of the purpose of an appropriation set out in an item, subdivision or Division in Schedule 3 includes the words "net appropriation — see section 7"; and

(b)    there is in force an agreement (entered into under the Financial Management and Accountability Act) between:

(i) the Minister; and

(ii) the Presiding Officer or Presiding Officers responsible for the Parliamentary Department for which the appropriation is made;

to the effect that payments to the Commonwealth in consideration for any service, benefit, activity, transaction or other matter specified in the agreement can be added to the amount appropriated to the Department under the item, subdivision or Division, to the extent and on the conditions set out in the agreement;

the item, subdivision or Division is taken to specify that those payments (whether real or notional) may be credited to the item, subdivision or Division to the extent and on the conditions set out in the agreement.

17 Modifications relating to payments to Departments out of money appropriated for certain purposes

Section 8 is modified:

(a)    by omitting from subsection (1) all the words from and including "that Schedule" and substituting "the item, subdivision or Division is taken to specify that the payment may be credited to the item, subdivision or Division";

 


Part 2 Special Application of Act

Section 17

 

(b) by repealing subsection (2).

18 Modification relating to the appropriation of certain amounts

After section 8 the following section is inserted:

8A Certain amounts taken to be appropriated

If an item, subdivision or Division in Schedule 3 specifies that payments (whether the word "payments" or "money" or any other word is used) of a certain description may be credited to the item, subdivision or Division:

(a)      amounts equal to payments (whether real or notional) of that description credited to the Consolidated Revenue Fund during the financial year ending on 30 June 1997 are taken to have been appropriated for the purpose or services referred to in that item, subdivision or Division; and

(b)     the Minister is authorised to issue and apply those amounts accordingly.

19 Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year

Section 11 is repealed and the following section is substituted:

11 Consolidated Revenue Fund not to be debited after close of financial year

(1)     An amount appropriated under section 3 or 4 may not be debited from the Consolidated Revenue Fund after 30 June 1997.

(2)     Subsection (1) does not prevent the Minister from taking action after 30 June 1997:

(a)      to correct errors or mispostings in the financial accounting records of the Commonwealth for the year ending on that day; or

(b)     to balance the Funds (within the meaning of the Financial Management and Accountability Act);


Part 2 Special Application of Act

Section 19

 

if the action does not result in an amount being debited from a Fund otherwise than for the purpose of being credited to another Fund.

20 Modification relating to act of grace payments

Item 2 of subdivision 2 of Division 101 in Schedule 3 is modified by adding at the end "or under the Financial Management and Accountability Act".


 

 



Sums authorised to be issued out of the Consolidated Revenue Fund

Schedule 1

 

Schedule 1 — Sums authorised to be issued out of the Consolidated Revenue Fund

Note : See section 4

 


By the Supply (Parliamentary Departments) Act 1996-97........................................

67 575 000

By this Act...........................................................................................................................

69 616 000

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

137 191 000


Amount to be deducted from sum appropriated by section 3 of the Supply (Parliamentary Departments) Act 1996-97

Schedule 2

 

Schedule 2 — Amount to be deducted from sum appropriated by section 3 of the Supply (Parliamentary Departments) Act 1996-97

Note : See section 4

Column 1

Column 2

Column 3

Item No.

Subdivision in the Schedule to Supply (Parliamentary Departments) Act 1996-97

Amount

of reduction

 

 

$

1.

Subdivision 2 of Division 107.............................................................

95 000

 


Services for which money is appropriated

Schedule 3

 

Schedule 3 — Services for which money is appropriated

Note : See section 3

Abstract

 

 

Page Reference

Departments and Services

Total

 

 

$

17

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

24 159 000

17

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

300 000

18

Provision for Running Costs Borrowings..............................................

50 000

19

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

23 198 000

19

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

300 000

20

Provision for Running Costs Borrowings..............................................

50 000

21

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

33 485 000

21

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

15 340 000

21

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

39 109 000

22

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

1 000 000

23

Provision for Running Costs Borrowings..............................................

200 000

 

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

137 191 000

 


Schedule 3

 

SUMMARY

Appropriation — 1996-97, Heavy figures

Expenditure — 1995-96, Light figures

Division

 

Running Costs

Other Services

Total

 

 

$

$

$

101

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

23 759 000

400 000

24 159 000

 

 

22 936 832

429 726

23 366 558

104

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

22 769 000

429 000

23 198 000

 

 

23 335 347

436 553

23 771 900

107

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

30 330 000

3 155 000

33 485 000

 

 

32 992 904

7 571 995

40 564 899

108

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

15 340 000

15 340 000

 

 

16 144 733

16 144 733

109

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

36 536 000

2 573 000

39 109 000

 

 

36 667 009

2 166 574

38 833 583

 

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

128 734 000

6 557 000

135 291 000

 

 

132 076 825

10 604 848

142 681 673

 


Schedule 3

 

 

 

1996-97

1995-96

 

Appropriation

Expenditure

 

$

$

$

Division 101.—SENATE

 

 

 

1.— Running Costs (net appropriation — see section 7) (see also section 8)

23 759 000

23 709 517

22 936 832

2.— Other Services

 

 

 

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

394 000

444 000

427 425

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

6 000

6 000

2 301

 

400 000

450 000

429 726

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

24 159 000

24 159 517

23 366 558

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 1997 in relation to the Senate.................................................................

300 000

300 000

*

* Expenditure in 1995-96 from the Advance to the President of the Senate is shown under the appropriation to which it has been charged.


Schedule 3

 

 

 

1996-97

1995-96

 

Appropriation

Expenditure

 

$

$

$

PROVISION FOR RUNNING COSTS BORROWINGS

 

 

 

Division 103.— PROVISION FOR RUNNING COSTS BORROWINGS

 

 

 

To enable the President to make money available for expenditure:

 

 

 

(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and

 

 

 

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

50 000

50 000

*

* Expenditure in 1995-96 from the Provision for Running Costs Borrowings to the President of the Senate is shown under the appropriation to which it has been charged.

 


Schedule 3

 

 

 

1996-97

1995-96

 

Appropriation

Expenditure

 

$

$

$

Division 104.— HOUSE OF REPRESENTATIVES

 

 

 

1.Running Costs (net appropriation — see section 7) (see also section 8).............................................................................................

22 769 000

23 605 113

23 335 347

2.— Other Services

 

 

 

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

394 000

444 000

433 250

02. Compensation and legal expenses....................................

35 000

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

3 304

3 303

 

429 000

447 304

436 553

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

23 198 000

24 052 417

21 771 900

ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

 

 

 

Division 105.— 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 1997 in relation to the House of Representatives................................

300 000

300 000

*

* Expenditure in 1995-96 from the Advance to the Speaker of the House of Representatives is shown under the appropriation to which it has been charged.

 


Schedule 3

 

 

 

1996-97

1995-96

 

Appropriation

Expenditure

 

$

$

$

PROVISION FOR RUNNING COSTS BORROWINGS

 

 

 

Division 106. — PROVISION FOR RUNNING COSTS BORROWINGS

 

 

 

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

 

 

 

(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and

 

 

 

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

50 000

50 000

*

* Expenditure in 1995-96 from the Provision for Running Coste Borrowings to the Speaker of the House of Representatives is shown under the appropriation to which it has been charged.

 


Schedule 3

 

 

 

1996-97

1995-96

 

 

Appropriation

Expenditure

 

$

$

$

Division 107. — PARLIAMENTARY REPORTING STAFF

 

 

 

1.— Running Costs (net appropriation — see section 7) (see also section 8)..............................................................................................

30 330 000

33 349 604

32 992 904

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

3 155 000

7 572 000

7 571 995

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

33 485 000

40 921 604

40 564 899

Division 108.— PARLIAMENTARY LIBRARY

 

 

 

1.— Running Costs (net appropriation — see section 7) (see also section 8)..............................................................................................

15 340 000

16 634 918

16 144 733

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

15 340 000

16 634 918

16 144 733

Division 109.—JOINT HOUSE DEPARTMENT

 

 

 

1.— Running Costs (net appropriation — see section 7) (see also section 8)..............................................................................................

36 536 000

40 070 613

36 667 009

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

2 573 000

2 548 000

2 166 574

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

39 109 000

42 618 613

38 833 583

 


Schedule 3

 

 

 

1996-97

1995-96

 

Appropriation

Expenditure

JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

$

$

$

Division 110. — 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 1997 in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department........................................................

1000 000

1 000 000

*

* Expenditure in 1995-96 from the Joint Advance to the President and the Speaker in shown under the appropriation to which it has been charged.

 


Schedule 3

 

 

 

1996-97

1995-96

 

Appropriation

Expenditure

 

$

$

$

PROVISION FOR RUNNING COSTS BORROWINGS

 

 

 

Division 111.—PROVISION FOR RUNNING COSTS BORROWINGS

 

 

 

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

 

 

 

(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and

 

 

 

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

200 000

200 000

*

* Expenditure in 1995-96 from the Provision for Running Costs Borrowings to the President and the Speaker is shown under the appropriation to which it has been charged.

 

 

[Minister's second reading speech made inHouse of Representatives on 20 August 1996 Senate on 11 October 1996]

 


 

79926 Cat. No. 96 5589 1 ISBN 0644 483385

 

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