A Bill for an Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Appropriation Act (No. 3) 2013‑2014.
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.
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”.
Note: The amounts set out opposite outcomes for CAC Act bodies, under the heading “Administered”, 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 2014.
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, a CAC Act body payment item or a departmental item.
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 this Act and the Bill for the Appropriation Act (No. 4) 2013‑2014.
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) 2013‑2014 and the Bill for the Appropriation Act (No. 2) 2013‑2014.
Portfolio Statements means:
(a) the Portfolio Budget Statements; and
(b) the Portfolio Additional Estimates Statements.
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 which provides that the material that may be considered in the interpretation of a provision of an Act includes any document that is declared by the Act to be a relevant document.
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. This is consistent with section 6 of the Financial Management and Accountability Act 1997.
Part 2—Appropriation items
6 Summary of appropriations
The total of the items specified in Schedule 1 is $11,595,880,000.
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 3—Adjusting 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 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, other than to correct an error.
(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.
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:
(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.
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 Prime Minister or a Minister acting on behalf of the Prime Minister; or
(b) the Minister who is responsible for the body; or
(c) 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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the determination must not be rescinded, revoked, amended or varied, other than to correct an error.
(6) Subsection 9(2) does not limit the reduction of a CAC Act body payment item under this section.
(7) A request made under subsection (1) is not a legislative instrument.
(8) 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 Finance Minister
(1) If the Finance Minister determined an amount under subsection 13(2) of the Appropriation Act (No. 1) 2013‑2014 before the commencement of this Act, the amount is to be disregarded for the purposes of subsection 13(3) of that Act.
Note: This means that, after the commencement of this Act, the Finance Minister has access to $295 million under section 13 of the Appropriation Act (No. 1) 2013‑2014, regardless of amounts that have already been determined under that section.
(2) If:
(a) this Act appropriates an amount for particular expenditure; and
(b) before the commencement of this Act, the Finance Minister determined an amount (the advanced amount) under section 13 of the Appropriation Act (No. 1) 2013‑2014 for the expenditure;
the amount appropriated by this Act for the expenditure is taken to be reduced (but not below nil) by the advanced amount.
Part 4—Miscellaneous
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.