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 the ordinary annual services of the Government in relation to water entitlements and home insulation, and for related purposes
Administered by: Finance
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Registered 18 Nov 2009
Introduced HR 18 Nov 2009

2008‑2009

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Appropriation (Water Entitlements and Home Insulation) Bill 2009‑2010

 

No.      , 2009

 

(Finance and Deregulation)

 

 

 

A Bill for an Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to water entitlements and home insulation, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                               1

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

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

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

4............ Portfolio Statements........................................................................... 3

5............ Notional payments, receipts etc......................................................... 3

Part 2—Appropriation items                                                                                             5

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

7............ Departmental items............................................................................ 5

8............ Administered items............................................................................. 5

9............ CAC Act body payment items.......................................................... 5

Part 3—Adjusting appropriation items                                                                        7

10.......... Reducing departmental items.............................................................. 7

11.......... Reducing administered items.............................................................. 7

12.......... Reducing CAC Act body payment items........................................... 8

Part 4—Miscellaneous                                                                                                       10

13.......... Crediting amounts to Special Accounts............................................ 10

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

Schedule 1—Services for which money is appropriated      11

 


A Bill for an Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to water entitlements and home insulation, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Appropriation (Water Entitlements and Home Insulation) Act 2009‑2010.

2  Commencement

                   This Act commences on the day this Act receives the Royal Assent.

3  Definitions

                   In this Act:

administered item means an amount set out in Schedule 1 opposite an outcome for an Agency under the heading “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 total amount set out in Schedule 1 in relation to a CAC Act body under the heading “Administered Expenses”.

Note:          The amounts set out opposite outcomes for CAC Act bodies, under the heading “Administered Expenses”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.

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 2010.

departmental item means the total amount set out in Schedule 1 in relation to an Agency under the heading “Departmental Outputs”.

Note:          The amounts set out opposite outcomes, under the heading “Departmental Outputs”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.

expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means an administered item, a CAC Act body payment item or a departmental item.

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) 2009‑2010 and the Bill for the Appropriation Act (No. 2) 2009‑2010.

Portfolio Statements means:

                     (a)  the Portfolio Budget Statements; and

                     (b)  the Portfolio Supplementary Estimates Statements.

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 this Act and the Bill for the Appropriation (Water Entitlements) Act 2009‑2010.

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

4  Portfolio Statements

                   The Portfolio Statements are hereby declared to be relevant documents for the purposes of section 15AB of the Acts Interpretation Act 1901.

Note:          See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901.

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 1 is $700,714,000.

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

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

7  Departmental items

                   The amount specified in a 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.

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 Statements indicate that activities of a particular kind were intended to be treated as activities in respect of a particular outcome, then expenditure for the purpose of carrying out those activities is taken to be expenditure for the purpose of contributing to achieving the outcome.

9  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 1 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

  

10  Reducing departmental items

             (1)  A written request to reduce a 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.

11  Reducing 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 the Agency in respect of 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.

12  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 9(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

  

13  Crediting amounts to Special Accounts

                   If any of the purposes of a Special Account is a purpose that is covered by an item (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to that Special Account.

14  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 1Services for which money is appropriated

Note:       See sections 6 and 14.

  

 

Abstract

 

 

Page

Reference

 

Portfolio

 

Total

 

 

$'000

 

 

 

14

Environment, Water, Heritage and the Arts

700,714

 

 

 

 

Total

700,714

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

APPROPRIATIONS

 

 

 

 

 

Summary

Summary of Appropriations (bold figures)—2009‑2010

Budget Appropriation (italic figures)—2009‑2010

 

 

Portfolio

Departmental

Outputs

Administered

Expenses

 

Total

 

$'000

$'000

$'000

 

 

 

 

Agriculture, Fisheries and Forestry

327,702

238,154

565,856

 

 

 

 

Attorney‑General’s

3,464,154

670,656

4,134,810

 

 

 

 

Broadband, Communications and the Digital Economy

260,548

1,311,139

1,571,687

 

 

 

 

Defence

22,856,981

115,213

22,972,194

 

 

 

 

Education, Employment and Workplace Relations

1,122,750

6,479,007

7,601,757

 

 

 

 

Environment, Water, Heritage and the Arts

4,934

695,780

700,714

818,859

4,065,935

4,884,794

 

 

 

 

Families, Housing, Community Services and Indigenous Affairs

575,752

1,960,034

2,535,786

 

 

 

 

Finance and Deregulation

321,565

215,832

537,397

 

 

 

 

Foreign Affairs and Trade

1,474,040

3,492,145

4,966,185

 

 

 

 

Health and Ageing

672,574

5,757,075

6,429,649

 

 

 

 

Human Services

4,069,458

11,826

4,081,284

 

 

 

 

Immigration and Citizenship

1,238,514

511,635

1,750,149

 

 

 

 

Infrastructure, Transport, Regional Development and Local Government

232,546

733,808

966,354

 

 

 

 

Innovation, Industry, Science and Research

328,404

1,867,889

2,196,293

 

 

 

 

Prime Minister and Cabinet

480,293

259,270

739,563

 

 

 

 

Resources, Energy and Tourism

203,298

1,049,351

1,252,649

 

 

 

 

Treasury

4,086,855

9,811

4,096,666

 

 

 

 

Total:

4,934

695,780

700,714

 

42,534,293

28,748,780

71,283,073

 

Environment, Water, Heritage and the Arts PORTFOLIO

Summary

Summary of Appropriations (bold figures)—2009‑2010

Budget Appropriation (italic figures)—2009‑2010

 

 

 

 

 

Entity

Departmental

Outputs

Administered

Expenses

 

Total

 

$'000

$'000

$'000

 

 

 

 

Department of the Environment, Water, Heritage and the Arts

4,934

695,780

700,714

485,915

3,659,142

4,145,057

 

 

 

 

Payments to CAC Act bodies:

 

 

 

 

 

 

 

Australia Council

 

 

172,051

172,051

 

 

 

 

Australian Film, Television and Radio School

 

 

23,656

23,656

 

 

 

 

Australian National Maritime Museum

 

 

21,647

21,647

 

 

 

 

National Film and Sound Archive

 

 

24,616

24,616

 

 

 

 

National Gallery of Australia

 

 

31,492

31,492

 

 

 

 

National Library of Australia

 

 

50,044

50,044

 

 

 

 

National Museum of Australia

 

 

40,087

40,087

 

 

 

 

Screen Australia

 

 

21,901

21,901

 

 

 

 

Sydney Harbour Federation Trust

 

 

25

25

 

 

 

 

Bureau of Meteorology

251,126

20,000

271,126

 

 

 

 

Great Barrier Reef Marine Park Authority

20,366

900

21,266

 

 

 

 

Murray‑Darling Basin Authority

50,349

50,349

 

 

 

 

National Water Commission

11,103

374

11,477

 

 

 

 

Total: Environment, Water, Heritage and the Arts

4,934

695,780

700,714

818,859

4,065,935

4,884,794

 

Environment, Water, Heritage and the Arts PORTFOLIO

Supplementary Appropriation (bold figures)—2009‑2010

Budget Appropriation (italic figures)—2009‑2010

Actual Available Appropriation (light figures)—2008‑2009

 

 

Departmental

Outputs

Administered

Expenses

 

Total

 

$'000

$'000

$'000

DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS

 

 

 

Outcome 2 ‑

Improved capacity of Australian communities and industry to protect the environment by promoting energy efficiency, reducing carbon emissions, and regulating hazardous substances, wastes, pollutants, ozone depleting substances and synthetic greenhouse gases

 

 

 

695,780

695,780

58,064

2,143,169

2,201,233

 

 

 

 

Outcome 4 ‑

Adaptation to climate change, wise water use, secure water supplies and improved health of rivers, waterways and freshwater ecosystems by supporting research, and reforming the management and use of water resources

 

 

 

4,934

4,934

47,937

976,286

1,024,223

49,837

390,084

439,921

 

 

 

 

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

4,934

695,780

700,714