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 |
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 |
| | 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.
| | 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.
| | 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.
| | 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.
| | 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 in— House of Representatives on 20 August 1996 Senate on 11 October 1996]