Federal Register of Legislation - Australian Government

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No. 8 Agreements as made
This net appropriation agreement records the extent to which the amount specified in an item in an annual appropriation Act may be taken to be increased by reference to eligible receipts of the agency.
Administered by: Finance
General Comments: This Agreement replaces any previous net appropriation agreement between the Finance Minister and the responsible Minister in respect of any of the appropriation items identified in this agreement.
Exempt from sunsetting by the Financial Management and Accountability Act 1997 s 32(7)
Registered 20 Jun 2006
Date of repeal 01 Jan 2008
Repealed by Other
Repealing Comments Enabling provision repealed by the Financial Framework Legislation Amendment Act (No. 1) 2007 (Act No. 166 of 2007).

 FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997, Section 31

 

 

NET APPROPRIATION AGREEMENT

 

For DEPARTMENT OF TRANSPORT AND REGIONAL SERVICES

 

This Agreement is made between:

 

THE MINISTER FOR FINANCE AND ADMINISTRATION

 

AND

 

THE MINISTER FOR TERRITORIES, LOCAL GOVERNMENT AND ROADS

 

1.                 INTRODUCTION

1.1.           This net appropriation agreement is made under section 31 of the Financial Management and Accountability Act 1997 (the FMA Act).

1.2.           Under this agreement, if the agency receives any amounts covered by the agreement, the appropriation to the agency in the annual appropriation Act will be increased.

Note 1  Section 31 of the FMA Act, together with certain standard provisions of the annual appropriation Acts, allows a departmental item (or in some rare instances, an administered item) to be increased by an amount up to the amount of eligible receipts where the Finance Minister (or his or her delegate) and the responsible Minister have entered into a net appropriation agreement.

Note 2   This agreement is given effect by specific provisions within the annual appropriation Acts. Therefore, the agreement only has effect while the relevant specific provisions exist in the annual appropriation Acts.

 

1.3.           This agreement will commence upon signature by the second party.

1.4.           This agreement will cover eligible receipts received on or after 1 July 2004.

2.                 DEFINITIONS

2.1.           In this agreement:

2.1.1.    'the agency' means the Department of Transport and Regional Services

2.1.2.    ‘eligible receipts’ means the receipts set out in clause 5.1 of this agreement.

3.                 PURPOSE

3.1.           This net appropriation agreement records the extent to which the amount specified in an item in an annual appropriation Act may be taken to be increased by reference to eligible receipts of the agency.


Note:     In most cases the item in the annual appropriation Act will be taken to be increased by the whole amount received by the agency.  However, in some cases, the item in the annual appropriation Act will only be taken to be increased by a proportion of the whole amount received by the agency - see clause 6.

4.                 DURATION OF THE AGREEMENT

4.1.           This agreement replaces any previous net appropriation agreement between the Finance Minister and the responsible Minister in respect of any of the appropriation items identified in this agreement.

4.2.           This agreement continues until a new net appropriation agreement covering the appropriation item identified in this agreement is executed by both parties to the agreement.

 

Note: Under s.31(4) of the FMA Act, the Finance Minister may at any time cancel or vary this agreement, without the consent of the other party.

 

5.                 NATURE OF ELIGIBLE RECEIPTS

5.1.           The following receipts associated with the administration of the Indian Ocean Territories are eligible receipts for the purposes of this agreement:

 

5.1.1.    Receipts from the sale, leasing, hiring out of, or other dealing with goods associated with the administration of the Indian Ocean Territories.

5.1.2.    Receipts from the sale of Administered assets other than land, buildings and infrastructure (except for receipts from the sale of residual scrap from buildings and infrastructure) associated with the administration of the Indian Ocean Territories.

5.1.3.    Subsidy and grant moneys received as a result of participation in employment subsidy schemes or programs for non-Departmental employees associated with administration of the Indian Ocean Territories

5.1.4.    Court awarded costs to the extent to which they reflect legal costs of an administered nature incurred in litigating the matter where the matter is associated with service delivery in the Indian Ocean Territories; and

5.1.5.    Receipts from “user pays” activities comprising utility and infrastructure fees, fees for health services and other State equivalent services provided in the Indian Ocean Territories.

 

5.2.           For the avoidance of doubt, receipts under item 5.1 do not include:

5.2.1.    Court awarded fines and damages, etc (other than to the extent covered by paragraph 5.1.7).;

5.2.2.    Receipts from taxes, levies or specific cost recovered activities where the receipts are raised under legislation and where the activities are separately budget funded; and

5.2.3.    Receipts from the sale of administered land, building and infrastructure (except for receipts from the sale of residual scrap from buildings and infrastructure) associated with the administration of the Indian Ocean Territories.

Note: User charging activities should comply as far as practical with the Government’s cost recovery policy as set out in the Commonwealth Cost Recovery Guidelines for Information and Regulatory Agencies.

6.                 INCREASE IN APPROPRIATION ITEMS

6.1.           Subject to the net appropriation provisions of the annual appropriation Acts, the Administered item for Outcome 2 of the agency is taken to be increased by 100% of the receipts listed in 5.1.

Notes

  1. In order to comply with the appropriation requirements of sections 81 and 83 of the Constitution and with sections 19 and 48 of the FMA Act, agencies must keep proper accounts and records of all appropriations to ensure that they do not spend above their appropriation limits.
  2. The agency must be able to identify, quantify and, if requested, produce information to show the amounts attributable to net appropriation receipts. This information should be available within the agency’s Financial Management Information System or in other supporting systems or documentation.
  3. The agency must report the net appropriations referred to above, as required, in the relevant Budget documents, agency financial statements and the Consolidated Financial Statements.
  4. It is the agency’s responsibility to be aware of any changes to reporting requirements which affect net appropriation reporting requirements.
  5.  

 

...............................................................Delegate of the Minister for Finance and Administration

............................................................... For and on Behalf of the Minister for Territories, Local Government and Roads.

Susan Page

Division Manager

Industry, Education and Infrastructure Division

Budget Group

 

SIGNED.................................................

 

Dated    3 December 2004

Michael J Taylor

Secretary

Department of Transport and Regional Services

 

 

SIGNED….............................................

 

Dated     30 November 2004