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 implementation of the Report of the Expert Panel on Asylum Seekers, and for related purposes
Administered by: Finance
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Registered 05 Nov 2012
Introduced HR 30 Oct 2012

2010‑2011‑2012

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1) 2012‑2013

 

No.      , 2012

 

(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 implementation of the Report of the Expert Panel on Asylum Seekers, and for related purposes

  

  

  


Contents

Part 1—Preliminary                                                                                                             2

1............ Short title............................................................................................. 2

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

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

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

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

Part 2—Appropriation items                                                                                          4

6............ Summary of appropriations................................................................. 4

7............ Departmental items.............................................................................. 4

8............ Administered items............................................................................. 4

Part 3—Adjusting appropriation items                                                                    5

9............ Reducing departmental items............................................................... 5

10.......... Reducing administered items............................................................... 5

Part 4—Miscellaneous                                                                                                         7

11.......... Crediting amounts to Special Accounts............................................... 7

12.......... Appropriation of the Consolidated Revenue Fund.............................. 7

Schedule 1—Services for which money is appropriated       8

 


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 implementation of the Report of the Expert Panel on Asylum Seekers, and for related purposes

The Parliament of Australia enacts:

Part 1Preliminary

  

1  Short title

                   This Act may be cited as the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) 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 item means an amount set out in Schedule 1 opposite an outcome for an Agency under the heading “Administered”.

Agency means:

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

                     (b)  the High Court of Australia.

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 an Agency 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 an administered 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) 2012‑2013 and the Bill for the Appropriation Act (No. 2) 2012‑2013.

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 (Implementation of the Report of the Expert Panel on Asylum Seekers) Act (No. 2) 2012‑2013.

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 $1,407,002,000.

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.


 

Part 3Adjusting appropriation items

  

9  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 Prime Minister or a Minister acting on behalf of the Prime Minister; or

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

                     (c)  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)  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.

10  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:

                     (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.


 

Part 4Miscellaneous

  

11  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.

12  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 12.

  

 

Abstract

 

 

Page

Reference

 

Portfolio

 

Total

 

 

$'000

 

 

 

11

Immigration and Citizenship

1,407,002

 

 

 

 

Total

1,407,002

 

 

 

 

 

 

 

 

APPROPRIATIONS

 

 

 

 

 

Summary

Summary of Appropriations (bold figures)—2012‑2013

Budget Appropriation (italic figures)—2012‑2013

 

Portfolio

Departmental

Administered

Total

 

$'000

$'000

$'000

 

 

 

 

Agriculture, Fisheries and Forestry

331,868

142,374

474,242

 

 

 

 

Attorney‑General’s

3,239,719

437,279

3,676,998

 

 

 

 

Broadband, Communications and the Digital Economy

227,990

1,592,935

1,820,925

 

 

 

 

Climate Change and Energy Efficiency

185,052

111,705

296,757

 

 

 

 

Defence

24,498,178

125,591

24,623,769

 

 

 

 

Education, Employment and Workplace Relations

860,510

3,759,816

4,620,326

 

 

 

 

Families, Housing, Community Services and Indigenous Affairs

592,332

1,788,662

2,380,994

 

 

 

 

Finance and Deregulation

403,834

252,068

655,902

 

 

 

 

Foreign Affairs and Trade

1,655,365

4,722,659

6,378,024

 

 

 

 

Health and Ageing

728,026

8,171,477

8,899,503

 

 

 

 

Human Services

4,007,694

18,084

4,025,778

 

 

 

 

Immigration and Citizenship

146,147

1,260,855

1,407,002

1,423,085

1,186,346

2,609,431

 

 

 

 

Industry, Innovation, Science, Research and Tertiary Education

584,020

3,420,183

4,004,203

 

 

 

 

Infrastructure and Transport

214,111

374,457

588,568

 

 

 

 

Prime Minister and Cabinet

290,837

22,636

313,473

 

 

 

 

Regional Australia, Local Government, Arts and Sport

205,057

1,203,474

1,408,531

 

 

 

 

Resources, Energy and Tourism

199,572

448,977

648,549

 

 

 

 

Sustainability, Environment, Water, Population and Communities

798,838

805,894

1,604,732

 

 

 

 

Treasury

4,428,805

13,037

4,441,842

 

 

 

 

Total:

146,147

1,260,855

1,407,002

 

44,874,893

28,597,654

73,472,547

 

Immigration and Citizenship PORTFOLIO

Summary

Summary of Appropriations (bold figures)—2012‑2013

Budget Appropriation (italic figures)—2012‑2013

 

 

 

 

Entity

Departmental

Administered

Total

 

$'000

$'000

$'000

 

 

 

 

Department of Immigration and Citizenship

146,147

1,260,855

1,407,002

1,368,919

1,186,346

2,555,265

 

 

 

 

Migration Review Tribunal and Refugee Review Tribunal

54,166

54,166

 

 

 

 

Total: Immigration and Citizenship

146,147

1,260,855

1,407,002

1,423,085

1,186,346

2,609,431

 

Immigration and Citizenship PORTFOLIO

Additional Appropriation (bold figures)—2012‑2013

Budget Appropriation (italic figures)—2012‑2013

Actual Available Appropriation (light figures)—2011‑2012

 

 

Departmental

Administered

Total

 

$'000

$'000

$'000

DEPARTMENT OF IMMIGRATION AND CITIZENSHIP

 

 

 

Outcome 1 ‑

Managed migration through visas granted for permanent settlement, work, study, tourism, working holidays or other specialised activities in Australia, regulation, research and migration policy advice and program design

 

 

 

1,507

1,507

554,359

50

554,409

627,103

627,103

 

 

 

 

Outcome 2 ‑

Protection, resettlement and temporary safe haven for refugees and people in humanitarian need through partnering with international agencies; assessing humanitarian visa applications; and refugee and humanitarian policy advice and program design

 

 

 

17,293

2,018

19,311

66,860

39,110

105,970

63,820

37,169

100,989

 

 

 

 

Outcome 4 ‑

Lawful stay of visa holders and access to citizenship rights for eligible people through promotion of visa compliance responsibilities, status resolution, citizenship acquisition integrity, case management, removal and detention, and policy advice and program design

 

 

 

121,034

1,185,344

1,306,378

493,352

809,990

1,303,342

547,096

1,055,773

1,602,869

 

 

 

 

Outcome 5 ‑

Equitable economic and social participation of migrants and refugees, supported through settlement services, including English language training; refugee settlement; case coordination; translation services; and settlement policy advice and program design

 

 

 

6,313

73,493

79,806

54,232

334,439

388,671

58,033

329,642

387,675

 

 

 

 

Total: Department of Immigration and Citizenship

146,147

1,260,855

1,407,002