Contents
Part 1—Preliminary 2
1............ Short title............................................................................................. 2
2............ Commencement................................................................................... 2
3............ Definitions.......................................................................................... 2
4............ Portfolio statements............................................................................. 4
5............ Notional transactions between entities that are part of the Commonwealth 4
Part 2—Appropriation items 5
6............ Summary of appropriations................................................................. 5
7............ Departmental items.............................................................................. 5
8............ Administered items............................................................................. 5
9............ Corporate entity items......................................................................... 5
Part 3—Advance to the Finance Minister 7
10.......... Advance to the Finance Minister......................................................... 7
Part 4—Miscellaneous 8
11.......... Crediting amounts to special accounts................................................. 8
12.......... Appropriation of the Consolidated Revenue Fund.............................. 8
13.......... Repeal of this Act................................................................................ 8
Schedule 1—Services for which money is appropriated 9
Appropriation Act (No. 5) 2019-2020
No. 39, 2020
An Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes
[Assented to 9 April 2020]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Appropriation Act (No. 5) 2019‑2020.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day this Act receives the Royal Assent. | 9 April 2020 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Definitions
In this Act:
administered item means an amount set out in Schedule 1 opposite an outcome for a non‑corporate entity under the heading “Administered”.
corporate entity means:
(a) a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or
(b) a Commonwealth company within the meaning of that Act.
corporate entity item means the total amount set out in Schedule 1 in relation to a corporate entity under the heading “Administered”.
Note: The amounts set out opposite outcomes for corporate entities, 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.
current year means the financial year ending on 30 June 2020.
departmental item means the total amount set out in Schedule 1 in relation to a non‑corporate entity 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) an administered item;
(b) a corporate entity item;
(c) a departmental item.
non‑corporate entity means:
(a) a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or
(b) the High Court.
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) 2019‑2020 and the Bill for the Appropriation Act (No. 4) 2019‑2020.
Portfolio Budget Statements means the Portfolio Budget Statements 2019‑20.
portfolio statements means:
(a) the Portfolio Budget Statements; and
(b) the Portfolio Additional Estimates Statements.
special account has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
4 Portfolio statements
The portfolio statements are 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 transactions between entities that are part of the Commonwealth
For the purposes of this Act, notional transactions between non‑corporate entities are to be treated as if they were real transactions.
Note: This section applies, for example, to a “payment” between non‑corporate entities 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 non‑corporate entity, even though no payment is actually made from the Consolidated Revenue Fund. This is consistent with section 76 of the Public Governance, Performance and Accountability Act 2013.
Part 2—Appropriation items
6 Summary of appropriations
The total of the items specified in Schedule 1 is $509,355,000.
Note 1: Items in Schedule 1 can be adjusted under Part 3 of this Act.
Note 2: Sections 74 to 75 of the Public Governance, Performance and Accountability Act 2013 also provide for the adjustment of amounts appropriated by this Act.
7 Departmental items
The amount specified in a departmental item for a non‑corporate entity may be applied for the departmental expenditure of the entity.
8 Administered items
(1) The amount specified in an administered item for an outcome for a non‑corporate entity may be applied for expenditure for the purpose of contributing to achieving that outcome.
(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 Corporate entity items
(1) The amount specified in a corporate entity item for a corporate entity may be paid to the entity to be applied for the purposes of the entity.
(2) If:
(a) an Act provides that a corporate entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and
(b) Schedule 1 contains a corporate entity item for that entity;
then the entity must be paid the full amount specified in the item.
Part 3—Advance to the Finance Minister
10 Advance to the Finance Minister
(1) This section applies if the Finance Minister is satisfied that there is an urgent need for expenditure, 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 Finance Minister, to make provision for so much (if any) of the expenditure as the Finance Minister determines.
(3) The total of the amounts determined under subsection (2) cannot be more than $16,000 million.
(4) A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 applies to the determination.
Advances to be deducted from amount available for 2020‑2021
(5) If the Finance Minister determines an amount (the advanced amount) under subsection (2), the amount specified in subsection 10(3) of the Supply Act (No. 1) 2020‑2021 is taken to be reduced (but not below nil) by the advanced amount.
Part 4—Miscellaneous
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 Public Governance, Performance and Accountability Act 2013.
13 Repeal of this Act
This Act is repealed at the start of 1 July 2022.