Federal Register of Legislation - Australian Government

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A Bill for an Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes
Administered by: Finance
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Registered 09 May 2012
Introduced HR 08 May 2012

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Appropriation (Parliamentary Departments) Bill (No. 1) 2012‑2013

 

No.      , 2012

 

(Finance and Deregulation)

 

 

 

A Bill for an Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, 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........................................................... 4

Part 2—Appropriation items                                                                                          5

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

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

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

9............ Administered assets and liabilities items............................................. 5

10.......... Other departmental items..................................................................... 6

Part 3—Adjusting appropriation items                                                                    7

11.......... Reducing departmental items, administered assets and liabilities items and other departmental items       7

12.......... Reducing administered items............................................................... 7

13.......... Advance to the responsible Presiding Officer..................................... 8

Part 4—Miscellaneous                                                                                                       10

14.......... Crediting amounts to Special Accounts............................................. 10

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

Schedule 1—Services for which money is appropriated     11

 


A Bill for an Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 2012‑2013.

2  Commencement

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

3  Definitions

                   In this Act:

administered assets and liabilities item means an amount set out in Schedule 1 in relation to a Parliamentary Department opposite the heading “Administered Assets and Liabilities”.

administered item means an amount set out in Schedule 1 opposite an outcome for a Parliamentary Department under the heading “Administered”.

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

Note:          Each Parliamentary Department is an Agency for the purposes of the Financial Management and Accountability Act 1997.

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 2013.

departmental item means the total amount set out in Schedule 1 in relation to a Parliamentary Department under the heading “Departmental”.

Note:          The amounts set out opposite outcomes, under the heading “Departmental”, 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 any of the following:

                     (a)  a departmental 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 1 in relation to a Parliamentary Department opposite the heading “Equity Injections”.

Parliamentary Department means any of the following:

                     (a)  the Department of the Senate;

                     (b)  the Department of the House of Representatives;

                     (c)  the Department of Parliamentary Services;

                     (d)  the Parliamentary Budget Office.

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 this Act.

Portfolio Statements means the Portfolio Budget Statements.

President means the President of the Senate.

responsible Presiding Officer means:

                     (a)  in relation to the Department of the Senate—the President; or

                     (b)  in relation to the Department of the House of Representatives—the Speaker; or

                     (c)  in relation to the Department of Parliamentary Services—the President and the Speaker together; or

                     (d)  in relation to the Parliamentary Budget Office—the Parliamentary Budget Officer.

Speaker means the Speaker of the House of Representatives.

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 $174,550,000.

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 a Parliamentary Department may be applied for the departmental expenditure of the Parliamentary Department.

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 a Parliamentary Department 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  Administered assets and liabilities items

             (1)  The amount specified in an administered assets and liabilities item for a Parliamentary Department may be applied for expenditure for the purpose of contributing to achieving any outcome specified in Schedule 1 for the Parliamentary Department.

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.

10  Other departmental items

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

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


 

Part 3Adjusting appropriation items

  

11  Reducing departmental items, administered assets and liabilities items and other departmental items

             (1)  A written request to reduce a departmental item, an administered assets and liabilities item or an other departmental item for a Parliamentary Department may be made to the Finance Minister by the responsible Presiding Officer.

             (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)  Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied.

             (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.

12  Reducing administered items

             (1)  If:

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

                     (b)  the report specifies an amount required by the Parliamentary Department in respect of an administered item; 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:

                     (a)  determine that subsection (1):

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

                             (ii)  applies as if the amount specified in the annual report were the amount specified in the determination; or

                     (b)  if the report does not specify the required amount—determine an amount that is taken to be the required amount for the purposes of subsection (1).

             (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  Advance to the responsible Presiding Officer

             (1)  This section applies if the responsible Presiding Officer is satisfied that there is an urgent need for expenditure in relation to a Parliamentary Department, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 1:

                     (a)  because of an erroneous omission or understatement; or

                     (b)  because the expenditure was unforeseen until after the last day on which it was practicable to provide for it in the Bill for this Act before that Bill was introduced into the House of Representatives.

             (2)  This Act has effect as if Schedule 1 were amended, in accordance with a determination of the responsible Presiding Officer, to make provision for so much (if any) of the additional expenditure as the responsible Presiding Officer determines.

             (3)  The total of the amounts determined under subsection (2) for the Department of the Senate cannot be more than $300,000.

             (4)  The total of the amounts determined under subsection (2) for the Department of the House of Representatives cannot be more than $300,000.

             (5)  The total of the amounts determined under subsection (2) for the Department of Parliamentary Services cannot be more than $1 million.

             (6)  A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.


 

Part 4Miscellaneous

  

14  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.

15  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 15.

  

 

Abstract

 

 

Page

Reference

 

Department

 

Total

 

 

 $'000

 

 

 

14

Department of the Senate

21,141

15

Department of the House of Representatives

22,691

16

Department of Parliamentary Services

124,635

17

Parliamentary Budget Office

6,083

 

 

 

 

Total

174,550

 

 

 

 

 

 

 

 

APPROPRIATIONS

 

 

 

 

 

Summary

Summary of Appropriations (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

 

 

Entity

 

Departmental

 

Administered

Non‑

operating

 

Total

 

$'000

$'000

$'000

$'000

 

 

 

 

 

Department of the Senate

21,141

21,141

21,569

21,569

 

 

 

 

 

Department of the House of Representatives

22,691

22,691

23,253

23,253

 

 

 

 

 

Department of Parliamentary Services

111,739

12,896

124,635

123,774

12,279

136,053

 

 

 

 

 

Parliamentary Budget Office

6,083

6,083

 

 

 

 

 

Total: Parliamentary Departments

161,654

12,896

174,550

 

168,596

12,279

180,875

 

Parliament

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF THE SENATE

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1‑

Advisory and administrative support services to enable the Senate and Senators to fulfil their representative and legislative duties

 

 

 

21,141

21,141

21,569

21,569

 

 

 

 

Total: Department of the Senate

21,141

21,141

21,569

21,569

 

Parliament

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF THE HOUSE OF REPRESENTATIVES

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1‑

Advisory and administrative services support the House of Representatives to fulfil its representative and legislative role

 

 

 

22,691

22,691

23,253

23,253

 

 

 

 

Total: Department of the House of Representatives

22,691

22,691

23,253

23,253

 

Parliament

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF PARLIAMENTARY SERVICES

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1‑

Occupants of Parliament House are supported by integrated services and facilities, Parliament functions effectively and its work and building are accessible to the public

 

 

 

111,739

111,739

123,774

123,774

 

 

 

 

Total: Operating

111,739

111,739

 

123,774

123,774

Non‑operating

 

 

 

Administered Assets and Liabilities

 

 

12,896

 

 

12,279

Total: Non‑operating

 

 

12,896

 

 

 

12,279

Total: Department of Parliamentary Services

111,739

124,635

123,774

136,053

 

Parliament

Appropriation (plain figures)—2012‑2013

Actual Available Appropriation (italic figures)—2011‑2012

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

PARLIAMENTARY BUDGET OFFICE

 

 

 

Operating

 

 

 

 

 

 

 

Outcome 1‑

Inform the Parliament by providing independent and non‑partisan analysis of the budget cycle, fiscal policy and the financial implications of proposals

 

 

 

6,083

6,083

 

 

 

 

Total: Parliamentary Budget Office

6,083

6,083