Federal Register of Legislation - Australian Government

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A Bill for an Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes
Administered by: Finance
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 26 May 2005
Introduced HR 10 May 2005

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Appropriation Bill (No. 6) 2004-2005

 

No.      , 2005

 

(Finance and Administration)

 

 

 

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

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Definitions.......................................................................................... 2

4............ Portfolio Budget Statements etc......................................................... 4

5............ Notional payments, receipts etc......................................................... 4

Part 2—Basic appropriations                                                                                           5

6............ Summary of basic appropriations...................................................... 5

7............ State payment items—basic appropriation........................................ 5

8............ Administered items—basic appropriation......................................... 5

9............ Administered assets and liabilities items—basic appropriation......... 6

10.......... Other departmental items—basic appropriation................................ 7

11.......... Reduction of appropriations upon request........................................ 7

Part 3—Miscellaneous                                                                                                         9

12.......... Crediting amounts to Special Accounts.............................................. 9

13.......... Conditions etc. applying to State payment items.............................. 9

14.......... Appropriation of the Consolidated Revenue Fund.......................... 10

Schedule 1—Payments to or for the States                                       11

Schedule 2—Services for which money is appropriated      14

 


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

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Appropriation Act (No. 6) 2004-2005.

2  Commencement

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

3  Definitions

                   In this Act, unless the contrary intention appears:

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 any of the following:

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

                     (b)  the High Court.

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 2005.

entity means any of the following:

                     (a)  an Agency;

                     (b)  a Commonwealth authority;

                     (c)  a Commonwealth company;

                     (d)  the Australian National Training 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 payment item;

                     (b)  an administered item;

                     (c)  an administered assets and liabilities 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

                     (c)  opposite the heading “Previous Years’ Outputs”.

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) 2004-2005 and the Bill for the Appropriation Act (No. 4) 2004-2005.

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) 2004-2005 and the Bill for the Appropriation Act (No. 2) 2004-2005.

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 the Appropriation (Tsunami Financial Assistance) Act 2004-2005 and the Bill for the Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Act 2004-2005.

Portfolio Supplementary Additional Estimates Statements No. 2 means the Portfolio Supplementary Additional Estimates Statements No. 2 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) 2004-2005.

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

State includes the Australian Capital Territory and the Northern Territory.

State payment item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Specific Payments to the States and Territories”.

4  Portfolio Budget Statements etc.

             (1)  The Portfolio Budget Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements and Portfolio Supplementary Additional Estimates Statements No. 2 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 Additional Estimates Statements or Portfolio Supplementary Additional Estimates Statements No. 2 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 2Basic appropriations

  

6  Summary of basic appropriations

                   The total of the items specified in Schedule 2 is $22,709,000.

Note 1:       Items in Schedule 2 can be increased under section 13 of the Appropriation Act (No. 1) 2004-2005 (as modified by section 10 of the Appropriation Act (No. 5) 2004-2005).

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 payment items—basic appropriation

             (1)  For a State payment 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 payment item for an outcome of an entity may only be applied for the purpose of making payments to or for the States for the purpose of contributing to achieving that outcome.

             (3)  A determination 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 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) 2004-2005; or

                     (c)  in Schedule 1 to the Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Act 2004-2005; or

                     (d)  in Schedule 1 to the Appropriation (Tsunami Financial Assistance) Act 2004-2005; or

                     (e)  in Schedule 2 to the Appropriation Act (No. 4) 2004-2005; or

                      (f)  in Schedule 1 to the Appropriation Act (No. 3) 2004-2005; or

                     (g)  in Schedule 2 to the Appropriation Act (No. 2) 2004-2005; or

                     (h)  in Schedule 1 to the Appropriation Act (No. 1) 2004-2005.

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 under this section 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 under this section 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 under this section 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 3Miscellaneous

  

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  Conditions etc. applying to State payment items

             (1)  This section applies to any payment made out of money appropriated by a State payment item for an outcome identified in column 2 of the table in Schedule 1.

             (2)  The payment:

                     (a)  must be made on the applicable terms and conditions (if any) for that outcome; and

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

             (3)  This section does not, by implication, limit the power of the Commonwealth to:

                     (a)  apply terms and conditions to non-State payments; or

                     (b)  determine the amounts and times of non-State payments.

             (4)  A determination under paragraph (2)(b) is not a legislative instrument.

             (5)  In this section:

applicable terms and conditions, in relation to an outcome identified in the table in Schedule 1, means terms and conditions from time to time determined (either before or after the commencement of this Act) in writing by the Minister specified in column 3 of the table as being the terms and conditions that apply to payments that are made to or for a State in relation to that outcome out of money appropriated by an annual Appropriation Act.

non-State payment means a payment made out of money that is appropriated by the Parliament (either under this Act or another Act), other than a payment out of money appropriated by a State payment item.

             (6)  A determination of terms and conditions as mentioned in the definition of applicable terms and conditions in subsection (5) is not a legislative instrument.

14  Appropriation of the Consolidated Revenue Fund

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


Schedule 1Payments to or for the States

Note:       See section 13.

  

  

Column 1

Column 2

Column 3

Column 4

 

 

 

 

 

 

Minister

Minister

 

 

determining

determining

Agency

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

 

 

 

 

Attorney-General’s Department

Coordinated federal criminal justice, security and emergency management activity, for a safer Australia.

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 Family and Community Services

Families are Strong - Services and assistance that: contribute to children and young people having the best possible start to life; promote healthy family relationships; allow families to adapt to changing economic and social conditions; and encourage families that nurture individuals and take an active part in their community

Minister for Family and Community Services

Minister for Family and Community Services

 

 

 

 

Department of Family and Community Services

Communities are Strong - Services and assistance that: encourage communities to be self-reliant and to connect with their members; and promote partnerships between business, communities and governments

Minister for Family and Community Services

Minister for Family and Community Services

 

 

 

 

Department of Family and Community Services

Individuals reach their Potential - Services and assistance that: facilitate people to participate actively in economic and community life, work to their capacity, access a responsive and sustainable safety net and fully develop their capabilities

Minister for Family and Community Services

Minister for Family and Community Services

 

 

 

 

Department of Health and Ageing

To promote and protect the health of all Australians and minimise the incidence of preventable mortality, illness, injury and disability

Minister for Health and Ageing

Minister for Health and Ageing

 

 

 

 

Department of Health and Ageing

Access through Medicare to cost-effective medical services, medicines and acute health care for all Australians

Minister for Health and Ageing

Minister for Health and Ageing

 

 

 

 

Department of Health and Ageing

Support for healthy ageing for older Australians and quality and cost-effective care for frail older people and support for their carers

Minister for Health and Ageing

Minister for Health and Ageing

 

 

 

 

Department of Health and Ageing

Improved quality, integration and effectiveness of health care

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 Immigration and Multicultural and Indigenous Affairs

A society which values Australian
citizenship, appreciates cultural diversity and enables migrants to participate equitably

Minister for Immigration and Multicultural and Indigenous Affairs

Minister for Immigration and Multicultural and Indigenous 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

 

 

 

 

Department of Transport and Regional Services

A better transport system for Australia

Minister for Transport and Regional Services

Minister for Transport and Regional Services

 

 

 

 

Department of Transport and Regional Services

Greater recognition and development opportunities for local, regional and territory communities

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

 


 

Schedule 2Services for which money is appropriated

Note:       See sections 6 and 14.

  

  

 

 

 

Abstract

 

 

Page

 

 

Reference

Portfolio

Total

 

 

 $'000

 

 

 

18

Attorney-General’s

  4,000

19

Defence

  18,119

21

Family and Community Services

  21

22

Finance and Administration

  569

 

 

 

 

Total

  22,709

 


 

 

 

 

 

 

 

 

APPROPRIATIONS

 

 

 

 

 


Summary

Supplementary Appropriation (bold figures) — 2004-2005

Actual Available Appropriation (italic figures) — 2004-2005

 

 

 

 

 

 

Specific

 

 

 

 

Payments to

New

 

 

 

the States and

Administered

Non-

 

Portfolio

Territories

Expenses

operating

Total

 

$'000

$'000

$'000

$'000

 

 

 

 

 

Agriculture, Fisheries and Forestry

  -

  -

  -

  -

 

  390,439

  -

  5,860

  396,299

 

 

 

 

 Continued

Attorney-General’s

  4,000

  -

  -

  4,000

 

  95,908

  -

  114,038

  209,946

 

 

 

 

 Continued

Communications, Information

  -

  -

  -

  -

  Technology and the Arts

  1,125

  -

  29,292

  30,417

 

 

 

 

 Continued

Defence

  -

  -

  18,119

  18,119

 

  7,290

  -

  390,242

  397,532

 

 

 

 

 Continued

Education, Science and Training

  -

  -

  -

  -

 

  -

  -

  50,916

  50,916

 

 

 

 

 Continued

Employment and Workplace Relations

  -

  -

  -

  -

 

  -

  -

  39,340

  39,340

 

 

 

 

 Continued

Environment and Heritage

  -

  -

  -

  -

 

  25,638

  -

  25,900

  51,538

 

 

 

 

 Continued

Family and Community Services

  -

  -

  21

  21

 

  1,969,892

  -

  650

  1,970,542

 

 

 

 

 Continued

Finance and Administration

  -

  -

  569

  569

 

  -

  -

  269,369

  269,369

 

 

 

 

 Continued

Foreign Affairs and Trade

  -

  -

  -

  -

 

  -

  1,000,830

  189,617

  1,190,447

 

 

 

 

 Continued

Health and Ageing

  -

  -

  -

  -

 

  1,080,299

  -

  60,644

  1,140,943

 

 

 

 

 Continued

Immigration and Multicultural and

  -

  -

  -

  -

  Indigenous Affairs

  2,140

  -

  59,677

  61,817

 

 

 

 

 Continued

Industry, Tourism and Resources

  -

  -

  -

  -

 

  50,825

  -

  172,628

  223,453

 

 

 

 

 Continued

Prime Minister and Cabinet

  -

  -

  -

  -

 

  -

  50,000

  7,682

  57,682

 

 

 

 

 

Continued

 

 

 

 

 


Summary

Supplementary Appropriation (bold figures) — 2004-2005

Actual Available Appropriation (italic figures) — 2004-2005

 

 

 

 

 

 

Specific

 

 

 

 

Payments to

New

 

 

 

the States and

Administered

Non-

 

Portfolio

Territories

Expenses

operating

Total

 

$'000

$'000

$'000

$'000

 

 

 

 

 

Transport and Regional Services

  -

  -

  -

  -

 

  155,486

  -

  102,192

  257,678

 

 

 

 

 Continued

Treasury

  -

  -

  -

  -

 

  178,458

  -

  63,666

  242,124

 

 

 

 

 Continued

Total:  Bill 6

  4,000

  -

  18,709

  22,709

 

  3,957,500

  1,050,830

  1,581,713

  6,590,043

 


ATTORNEY-GENERAL’S PORTFOLIO

Supplementary Appropriation (bold figures) — 2004-2005

Actual Available Appropriation (italic figures) — 2004-2005

Actual Available Appropriation (light figures) — 2003-2004

 

 

 

 

 

 

 

Specific

 

 

 

 

Payments to

New

 

 

 

the States and

Administered

 

 

 

Territories

Expenses

Total

 

 

$'000

$'000

$'000

ATTORNEY-GENERAL’S DEPARTMENT

 

 

 

Operating

 

 

 

 

Outcome 2 -

 

 

 

 

Coordinated federal criminal justice,

  4,000

  -

  4,000

 

security and emergency management

  -

  -

  -

 

activity, for a safer Australia

  -

  -

  -

 

 

 

 

 

Total: Attorney-General’s Department

 4,000

-

  4,000

 


DEFENCE PORTFOLIO

Supplementary Appropriation (bold figures) — 2004-2005

Actual Available Appropriation (italic figures) — 2004-2005

Actual Available Appropriation (light figures) — 2003-2004

 

 

 

 

 

 

 

Specific

 

 

 

 

Payments to

New

 

 

 

the States and

Administered

 

 

 

Territories

Expenses

Total

 

 

$'000

$'000

$'000

DEPARTMENT OF DEFENCE

 

 

 

Non-operating

 

 

 

 

Equity Injections

 

 

  17,300

 

 

 

 

  375,986

 

 

 

 

  706,334

Total: Department of Defence

-

-

  17,300

 


DEFENCE PORTFOLIO

Supplementary Appropriation (bold figures) — 2004-2005

Actual Available Appropriation (italic figures) — 2004-2005

Actual Available Appropriation (light figures) — 2003-2004

 

 

 

 

 

 

 

Specific

 

 

 

 

Payments to

New

 

 

 

the States and

Administered

 

 

 

Territories

Expenses

Total

 

 

$'000

$'000

$'000

DEPARTMENT OF VETERANS’ AFFAIRS

 

 

 

Non-operating

 

 

 

 

Equity Injections

 

 

  819

 

 

 

 

  857

 

 

 

 

  8,006

Total: Department of Veterans’ Affairs

-

-

  819

 


FAMILY AND COMMUNITY SERVICES PORTFOLIO

Supplementary Appropriation (bold figures) — 2004-2005

Actual Available Appropriation (italic figures) — 2004-2005

Actual Available Appropriation (light figures) — 2003-2004

 

 

 

 

 

 

 

Specific

 

 

 

 

Payments to

New

 

 

 

the States and

Administered

 

 

 

Territories

Expenses

Total

 

 

$'000

$'000

$'000

AUSTRALIAN INSTITUTE OF FAMILY STUDIES

 

 

 

Non-operating

 

 

 

 

Equity Injections

 

 

  21

 

 

 

 

  -

 

 

 

 

  -

Total: Australian Institute of Family

-

-

  21

Studies

 

 

-

 


FINANCE AND ADMINISTRATION PORTFOLIO

Supplementary Appropriation (bold figures) — 2004-2005

Actual Available Appropriation (italic figures) — 2004-2005

Actual Available Appropriation (light figures) — 2003-2004

 

 

 

 

 

 

 

Specific

 

 

 

 

Payments to

New

 

 

 

the States and

Administered

 

 

 

Territories

Expenses

Total

 

 

$'000

$'000

$'000

HEALTH INSURANCE COMMISSION

 

 

 

Non-operating

 

 

 

 

Equity Injections

 

 

  569

 

 

 

 

  19,409

 

 

 

 

  34,197

Total: Health Insurance Commission

-

-

  569