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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
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Registered 26 Feb 2009
Introduced HR 26 Feb 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Appropriation Bill (No. 6) 2008‑2009

 

No.      , 2009

 

(Finance and Deregulation)

 

 

 

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.................................................................................. 1

3............ Definitions.......................................................................................... 1

4............ Portfolio Statements........................................................................... 1

5............ Notional payments, receipts etc......................................................... 1

Part 2—Appropriation items                                                                                             1

6............ Summary of appropriations............................................................... 1

7............ State, ACT, NT and local government items...................................... 1

8............ Administered items............................................................................. 1

9............ Administered assets and liabilities items............................................ 1

10.......... Other departmental items................................................................... 1

11.......... CAC Act body payment items.......................................................... 1

Part 3—Adjusting appropriation items                                                                        1

12.......... Reducing State, ACT, NT and local government items and administered items      1

13.......... Reducing administered assets and liabilities items and other departmental items   1

14.......... Reducing CAC Act body payment items........................................... 1

Part 4—Miscellaneous                                                                                                         1

15.......... Crediting amounts to Special Accounts.............................................. 1

16.......... Conditions etc. applying to State, ACT, NT and local government items              1

17.......... Appropriation of the Consolidated Revenue Fund............................ 1

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

Schedule 2—Services for which money is appropriated        1

 


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) 2008‑2009.

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 the amount set out in Schedule 2 in relation to an Agency opposite the heading “Administered Assets and Liabilities”.

administered item means an amount set out in Schedule 2 opposite an outcome for an Agency 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.

CAC Act body means:

                     (a)  a Commonwealth authority within the meaning of the Commonwealth Authorities and Companies Act 1997; or

                     (b)  a Commonwealth company within the meaning of the Commonwealth Authorities and Companies Act 1997.

CAC Act body payment item means the amount set out in Schedule 2 in relation to a CAC Act body under the heading “Non‑operating”.

Chief Executive has the same meaning as in the Financial Management and Accountability Act 1997.

current year means the financial year ending on 30 June 2009.

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;

                     (c)  an administered assets and liabilities item;

                     (d)  an other departmental item;

                     (e)  a CAC Act body payment item.

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

                     (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) 2008‑2009 and the Bill for the Appropriation Act (No. 4) 2008‑2009.

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) 2008‑2009 and the Bill for the Appropriation Act (No. 2) 2008‑2009.

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 (Nation Building and Jobs) Act (No. 1) 2008‑2009 and the Bill for the Appropriation (Nation Building and Jobs) Act (No. 2) 2008‑2009.

Portfolio Supplementary Additional Estimates Statements No. 2 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) 2008‑2009.

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 (Economic Security Strategy) Act (No. 1) 2008‑2009 and the Bill for the Appropriation (Economic Security Strategy) Act (No. 2) 2008‑2009.

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 for an Agency under the heading “Payments to States, ACT, NT and local government”.

4  Portfolio Statements

                   The Portfolio Budget Statements, Portfolio Supplementary Estimates 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.

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 2Appropriation items

  

6  Summary of appropriations

                   The total of the items specified in Schedule 2 is $1,830,889,000.

Note 1:       Items in Schedule 2 can be adjusted under Part 3 of this Act.

Note 2:       See also sections 30 to 32 of the Financial Management and Accountability Act 1997, which provide for adjustments of amounts appropriated by this Act.

7  State, ACT, NT and local government items

             (1)  The amount specified in a State, ACT, NT and local government item for an outcome for an Agency may 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.

Note:          The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

             (2)  If the Portfolio Budget Statements, Portfolio Supplementary Estimates 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.

8  Administered items

             (1)  The amount specified in an administered item for an outcome for an Agency may be applied for expenditure for the purpose of contributing to achieving that outcome.

Note:          The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

             (2)  If the Portfolio Budget Statements, Portfolio Supplementary Estimates 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.

9  Administered assets and liabilities items

             (1)  The amount specified in an administered assets and liabilities item for an Agency may be applied for expenditure for the purpose of contributing to achieving any outcome specified for the Agency:

                     (a)  in Schedule 2 to this Act; or

                     (b)  in Schedule 1 to the Appropriation Act (No. 5) 2008‑2009; or

                     (c)  in Schedule 2 to the Appropriation (Nation Building and Jobs) Act (No. 2) 2008‑2009; or

                     (d)  in Schedule 1 to the Appropriation (Nation Building and Jobs) Act (No. 1) 2008‑2009; or

                     (e)  in Schedule 2 to the Appropriation Act (No. 4) 2008‑2009; or

                      (f)  in Schedule 1 to the Appropriation Act (No. 3) 2008‑2009; or

                     (g)  in Schedule 2 to the Appropriation (Economic Security Strategy) Act (No. 2) 2008‑2009; or

                     (h)  in Schedule 1 to the Appropriation (Economic Security Strategy) Act (No. 1) 2008‑2009; or

                      (i)  in Schedule 2 to the Appropriation Act (No. 2) 2008‑2009; or

                      (j)  in Schedule 1 to the Appropriation Act (No. 1) 2008‑2009.

Note:          The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

             (2)  If the Portfolio Budget Statements, Portfolio Supplementary Estimates 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.

10  Other departmental items

                   The amount specified in an other departmental item for an Agency may be applied for the departmental expenditure of the Agency.

Note:          The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

11  CAC Act body payment items

             (1)  The amount specified in a CAC Act body payment item for a CAC Act body may be paid to the body to be applied for the purposes of the body.

Note:          The Finance Minister manages the expenditure of public money through the issue of drawing rights under the Financial Management and Accountability Act 1997.

             (2)  If:

                     (a)  an Act provides that a CAC Act body must be paid amounts that are appropriated by the Parliament for the purposes of the body; and

                     (b)  Schedule 2 contains a CAC Act body payment item for that body;

then the body must be paid the full amount specified in the item.


 

Part 3Adjusting appropriation items

  

12  Reducing State, ACT, NT and local government items and administered items

             (1)  If:

                     (a)  an annual report for an Agency for the current year is tabled in the Parliament; and

                     (b)  the report specifies the amount required by an Agency in respect of:

                              (i)  a State, ACT, NT and local government item for the Agency; or

                             (ii)  an administered item for the Agency; and

                     (c)  the required amount is less than the amount of the item;

the item is taken to be reduced to the required amount.

             (2)  The Finance Minister may, by writing, determine that subsection (1):

                     (a)  does not apply in relation to the item; or

                     (b)  applies as if the amount specified in the annual report were the amount specified in the determination.

             (3)  A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.

13  Reducing administered assets and liabilities items and other departmental items

             (1)  A written request to reduce an administered assets and liabilities item or an other departmental item for an Agency may be made to the Finance Minister by:

                     (a)  the Minister who is responsible for the Agency; or

                     (b)  if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency.

             (2)  If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.

             (3)  However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been applied under Part 2 in respect of the item.

             (4)  The item is taken to be reduced in accordance with the determination.

             (5)  A request made under subsection (1) is not a legislative instrument.

             (6)  A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.

14  Reducing CAC Act body payment items

             (1)  A written request to reduce a CAC Act body payment item for a CAC Act body may be made to the Finance Minister by:

                     (a)  the Minister who is responsible for the body; or

                     (b)  if the Finance Minister is responsible for the body—the Secretary of the Department.

Note:          For Department, see subsection 19A(3) of the Acts Interpretation Act 1901.

             (2)  If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.

             (3)  However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been paid to the body in respect of the item.

             (4)  The item is taken to be reduced in accordance with the determination.

             (5)  Subsection 11(2) does not limit the reduction of a CAC Act body payment item under this section.

             (6)  A request made under subsection (1) is not a legislative instrument.

             (7)  A determination made under subsection (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.


 

Part 4Miscellaneous

  

15  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.

16  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 accordance with any determination in writing made by the Minister specified, in column 4 of the table in Schedule 1, for the outcome as to amounts and times of payments.

             (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.

17  Appropriation of the Consolidated Revenue Fund

                   The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act, including the operation of this Act as affected by the Financial Management and Accountability Act 1997.


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

Note:       See section 16.

  

 

Column 1

Column 2

Column 3

Column 4

 

 

 

 

 

 

Minister

Minister

 

 

determining

determining

Entity

Outcome

conditions

payments

 

 

 

 

Department of Infrastructure, Transport, Regional Development and Local Government

Assisting the Government to provide, evaluate, plan and invest in infrastructure across industry sectors

Minister for Infrastructure, Transport, Regional Development and Local Government

Minister for Infrastructure, Transport, Regional Development and Local Government

 

 

 

 


 

Schedule 2Services for which money is appropriated

Note:       See sections 6 and 17.

  

 

Abstract

 

 

Page

Reference

 

Portfolio

 

Total

 

 

 $'000

 

 

 

17

Environment, Water, Heritage and the Arts

250,000

19

Infrastructure, Transport, Regional Development and Local Government

1,580,889

 

 

 

 

Total

1,830,889

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPROPRIATIONS

 

 

 

 

 

 

 

 

 

Summary

Summary of Appropriations (bold figures)—2008‑2009

Budget and Supplementary Appropriation (italic figures)—2008‑2009

 

 

 

Portfolio

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Non‑

operating

Total

 

 

$'000

$'000

$'000

$'000

 

 

 

 

 

 

 

Agriculture, Fisheries and Forestry

 

527,907

3,950

531,857

 

 

 

 

 

 

 

Attorney‑General’s

 

323,625

289,726

613,351

 

 

 

 

 

 

 

Broadband, Communications and the Digital Economy

 

17,833

17,833

 

 

 

 

 

 

 

Defence

 

42,614

2,377,805

2,420,419

 

 

 

 

 

 

 

Education, Employment and Workplace Relations

 

1,795,043

11,567

1,806,610

 

 

 

 

 

 

 

Environment, Water, Heritage and the Arts

250,000

250,000

 

117,014

75,330

192,344

 

 

 

 

 

 

 

Families, Housing, Community Services and Indigenous Affairs

 

2,878,444

54,738

2,933,182

 

 

 

 

 

 

 

Finance and Deregulation

 

206,240

206,240

 

 

 

 

 

 

 

Foreign Affairs and Trade

 

314,530

314,530

 

 

 

 

 

 

 

Health and Ageing

 

1,787,684

131,379

1,919,063

 

 

 

 

 

 

 

Human Services

 

20,292

20,292

 

 

 

 

 

 

 

Immigration and Citizenship

 

4,196

36,124

40,320

 

 

 

 

 

 

 

Infrastructure, Transport, Regional Development and Local Government

391,989

1,188,900

1,580,889

 

2,965,497

2,965,497

 

 

 

 

 

 

 

Innovation, Industry, Science and Research

 

71,131

71,131

 

 

 

 

 

 

 

Prime Minister and Cabinet

 

14,636

14,636

 

 

 

 

 

 

 

Resources, Energy and Tourism

 

55,486

2,925

58,411

 

 

 

 

 

 

 

Treasury

 

1,266,716

210,573

1,477,289

 

 

 

 

 

 

 

Total: Bill 6

391,989

1,438,900

1,830,889

 

11,764,226

3,838,779

15,603,005

 

Environment, Water, Heritage and the Arts PORTFOLIO

Summary

Summary of Appropriations (bold figures)—2008‑2009

Budget and Supplementary Appropriation (italic figures)—2008‑2009

 

 

 

 

 

 

 

Entity

Payments to

 States, ACT,

NT and local

government

New

Administered

Expenses

Non‑

operating

Total

 

 

$'000

$'000

$'000

$'000

 

 

 

 

 

 

 

Department of the Environment, Water, Heritage and the Arts

250,000

250,000

 

97,014

3,412

100,426

 

 

 

 

 

 

 

Payments to CAC Act bodies:

 

 

 

 

 

 

 

 

 

 

 

Director of National Parks

 

 

 

 

 

150

150

 

 

 

 

 

 

 

National Film and Sound Archive

 

 

 

 

 

 

 

 

 

 

 

 

National Gallery of Australia

 

 

 

 

 

36,698

36,698

 

 

 

 

 

 

 

National Library of Australia

 

 

 

 

 

1,030

1,030

 

 

 

 

 

 

 

National Museum of Australia

 

 

 

 

 

1,089

1,089

 

 

 

 

 

 

 

Sydney Harbour Federation Trust

 

 

 

 

 

22,000

22,000

 

 

 

 

 

 

 

Bureau of Meteorology

 

20,000

10,906

30,906

 

 

 

 

 

 

 

Great Barrier Reef Marine Park Authority

 

45

45

 

 

 

 

 

 

 

Total: Environment, Water, Heritage and the Arts

250,000

250,000

 

117,014

75,330

192,344

 

 

Environment, Water, Heritage and the Arts PORTFOLIO

Additional Appropriation (bold figures)—2008‑2009

Budget and Supplementary Appropriation (italic figures)—2008‑2009

Actual Available Appropriation (light figures)—2007‑2008

 

 

Payments to States, ACT, NT and local government

New Administered Expenses

Total

 

$'000

$'000

$'000

DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS

 

 

 

Operating

 

 

 

Non‑operating

 

 

 

Administered Assets and Liabilities

 

 

250,000

 

 

2,210

 

 

663

Total: Non‑operating

 

 

250,000

Total: Department of the Environment, Water, Heritage and the Arts

250,000

 

Infrastructure, Transport, Regional Development and Local Government PORTFOLIO

Summary

Summary of Appropriations (bold figures)—2008‑2009

Budget and Supplementary Appropriation (italic figures)—2008‑2009

 

 

 

 

 

Entity

Payments to

 States, ACT,

NT and local

government

New

Administered

Expenses

Non‑

operating

Total

 

$'000

$'000

$'000

$'000

 

 

 

 

 

Department of Infrastructure, Transport, Regional Development and Local Government

391,989

1,188,900

1,580,889

2,965,497

2,965,497

 

 

 

 

 

Total: Infrastructure, Transport, Regional Development and Local Government

391,989

1,188,900

1,580,889

2,965,497

2,965,497

 

Infrastructure, Transport, Regional Development and Local Government PORTFOLIO

Additional Appropriation (bold figures)—2008‑2009

Budget and Supplementary Appropriation (italic figures)—2008‑2009

Actual Available Appropriation (light figures)—2007‑2008

 

 

Payments to States, ACT, NT and local government

New Administered Expenses

Total

 

$'000

$'000

$'000

DEPARTMENT OF INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT AND LOCAL GOVERNMENT

 

 

 

Operating

 

 

 

Outcome 1 ‑

Assisting the Government to provide, evaluate, plan and invest in infrastructure across industry sectors

 

 

 

391,989

391,989

2,701,297

2,701,297

 

 

 

 

Total: Operating

391,989

391,989

Non‑operating

 

 

 

Administered Assets and Liabilities

 

 

1,188,900

 

 

 

 

3

Total: Non‑operating

 

 

1,188,900

Total: Department of Infrastructure, Transport, Regional Development and Local Government

391,989

1,580,889