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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Appropriation
(Parliamentary Departments) Bill (No. 2)
2003-2004
No. ,
2004
(Finance and
Administration)
A Bill for an Act to
appropriate additional money out of the Consolidated Revenue Fund for
expenditure in relation to the Parliamentary Departments, and for related
purposes
Contents
A Bill for an Act to appropriate additional money out of
the Consolidated Revenue Fund for expenditure in relation to the Parliamentary
Departments, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Appropriation (Parliamentary Departments)
Act (No. 2) 2003-2004.
This Act commences on the day on which it receives the Royal
Assent.
In this Act, unless the contrary intention appears:
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 of a Parliamentary Department under the heading
“Administered Expenses”.
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
2004.
departmental item means the total amount set out in
Schedule 1 in relation to a Parliamentary Department under the heading
“Departmental Outputs”.
Note: The amounts set out opposite outcomes, under the
heading “Departmental Outputs”, 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:
(a) opposite the heading “Equity Injections”; or
(b) opposite the heading “Loans”; or
(c) opposite the heading “Previous Years’
Outputs”.
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.
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.
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 (Parliamentary Departments ) Act
(No. 1) 2003-2004.
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.
section 31 agreement means an agreement under
section 31 of the Financial Management and Accountability Act
1997.
Speaker means the Speaker of the House of
Representatives.
Special Account has the same meaning as in the
Financial Management and Accountability Act 1997.
(1) The Portfolio Budget Statements and Portfolio Additional Estimates
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.
(2) If the Portfolio Budget Statements or Portfolio
Additional Estimates 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.
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.
The total of the items specified in Schedule 1 is
$341,000.
Note 1: Items in the Schedule can be increased under
Part 3 of this Act and under section 14 of the Appropriation
(Parliamentary Departments) Act (No. 1) 2003-2004 (as modified by
section 16 of this Act).
Note 2: See also section 30A of the Financial
Management and Accountability Act 1997, which provides for adjustment of
appropriations to take account of GST.
(1) For a departmental item for a Parliamentary Department, the Finance
Minister may issue out of the Consolidated Revenue Fund amounts that do not
exceed, in total, the amount specified in the item.
Note: Generally, the Finance Minister is permitted, but not
obliged, to issue the amounts out of the Consolidated Revenue Fund. However,
subsection (3) imposes an obligation on the Finance Minister to issue the
amounts in certain circumstances.
(2) An amount issued out of the Consolidated Revenue Fund for a
departmental item for a Parliamentary Department may only be applied for the
departmental expenditure of the Parliamentary Department.
Note: The acquisition of new departmental assets will
usually be funded from an other departmental item.
(3) If a departmental item for a Parliamentary Department includes
provision for payment of remuneration and allowances to the holder of:
(a) a public office (within the meaning of the Remuneration Tribunal
Act 1973); or
(b) an office specified in a Schedule to the Remuneration and
Allowances Act 1990;
then the Finance Minister, under subsection (1), must issue out of the
Consolidated Revenue Fund, under that item, amounts that are sufficient to pay
the remuneration and allowances and must apply the amounts for that
purpose.
(1) For an administered item for an outcome of a Parliamentary Department,
the Finance Minister may issue out of the Consolidated Revenue Fund amounts that
do not exceed, in total, the lesser of:
(a) the amount specified in the item; and
(b) the amount determined by the Finance Minister in relation to the item,
having regard to the expenses incurred by the Parliamentary Department in the
current year in relation to the item.
(2) An amount issued out of the Consolidated Revenue Fund for an
administered item for an outcome of a Parliamentary Department may only be
applied for expenditure for the purpose of carrying out activities for the
purpose of contributing to achieving that outcome.
Note: The acquisition of new administered assets will
usually be funded from an administered assets and liabilities
item.
(1) For an administered assets and liabilities item for a Parliamentary
Department, the Finance Minister may issue out of the Consolidated Revenue Fund
amounts that do not exceed, in total, the amount specified in the
item.
(2) An amount issued out of the Consolidated Revenue Fund for an
administered assets and liabilities item for a Parliamentary Department may only
be applied for expenditure for the purpose of carrying out activities for the
purpose of contributing to achieving any outcome that is specified in
Schedule 1 in relation to the Parliamentary Department.
(1) For an other departmental item for a Parliamentary Department, the
Finance Minister may issue out of the Consolidated Revenue Fund amounts that do
not exceed, in total, the amount specified in the item.
(2) An amount issued out of the Consolidated Revenue Fund for an other
departmental item for a Parliamentary Department may only be applied for the
departmental expenditure of the Parliamentary Department.
(1) The Finance Minister may, upon written request by the responsible
Presiding Officer, make a written determination under this section reducing an
administered assets and liabilities item, an other departmental item or a
departmental item for an agency by the amount specified in the
determination.
(2) Where a determination is made, the amount specified in the item is
taken to have been reduced by the amount specified in the
determination.
(3) However, a determination is of no effect if the determination has not
been requested under subsection (1).
(4) In addition, a determination reduces an amount specified in the item
only to the extent that the amount of the reduction is no greater than the
lesser of the following:
(a) the amount requested under subsection (1);
(b) the difference between the amount specified in the item and the amount
issued out of the Consolidated Revenue Fund by the Finance Minister in respect
of that item.
(5) For the purposes of paragraph (4)(b), an amount is not taken to
have been issued by the Finance Minister until the amount is paid out of the
Consolidated Revenue Fund.
(6) To avoid doubt, where a previous determination has been made in
relation to an item, the reference in paragraph (4)(b) to the amount
specified in the item is taken to be a reference to the amount specified in the
item as reduced by that previous determination and any other previous
determination.
(7) To avoid doubt, a determination under this section applies despite any
other provision of this Act.
(8) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) The following table sets out the Acts in respect of which a
determination under this section may be made and the kinds of items for each for
which a determination may be made.
|
Table of Acts and items |
||
|---|---|---|
|
|
Column 1 |
Column 2 |
|
Item |
Act name |
Kinds of items |
|
1 |
Appropriation (Parliamentary Departments) Act 1999-2000 |
Administered capital items Departmental capital items Departmental items |
|
2 |
Appropriation (Parliamentary Departments) Act (No. 2)
1999-2000 |
Administered capital items Departmental capital items Departmental items |
|
3 |
Appropriation (Parliamentary Departments) Act (No. 1)
2000-2001 |
Administered capital items Departmental capital items Departmental items |
|
4 |
Appropriation (Parliamentary Departments) Act (No. 2)
2000-2001 |
Administered capital items Departmental capital items Departmental items |
|
5 |
Appropriation (Parliamentary Departments) Act (No. 1)
2001-2002 |
Administered capital items Departmental capital items Departmental items |
|
6 |
Appropriation (Parliamentary Departments) Act (No. 2)
2001-2002 |
Administered capital items Departmental capital items Departmental items |
|
7 |
Appropriation (Parliamentary Departments) Act (No. 1)
2002-2003 |
Administered assets and liabilities items Other departmental items Departmental items |
|
8 |
Appropriation (Parliamentary Departments) Act (No. 1)
2003-2004 |
Administered assets and liabilities items Other departmental items Departmental items |
(2) The Finance Minister may, upon written request by the responsible
Presiding Officer, make a written determination under this section reducing an
item in an Act listed in column 1 of the table in subsection (1) for an
agency by the amount specified in the determination.
(3) The item specified in a determination under subsection (2) must
be an item of a kind listed in column 2 of the table in subsection (1) in
the row relating to the Act covered by the determination.
(4) Where a determination is made, the amount specified in the item is
taken to have been reduced by the amount specified in the
determination.
(5) However, a determination is of no effect if the determination has not
been requested under subsection (2).
(6) In addition, a determination reduces an amount specified in the item
only to the extent that the amount of the reduction is no greater than the
lesser of the following:
(a) the amount requested under subsection (2);
(b) the difference between the amount specified in the item and the amount
issued out of the Consolidated Revenue Fund by the Finance Minister in respect
of that item.
(7) For the purposes of paragraph (6)(b), an amount is not taken to
have been issued by the Finance Minister until the amount is paid out of
the Consolidated Revenue Fund.
(8) To avoid doubt, where a previous determination has been made in
relation to an item, the reference in paragraph (6)(b) to the amount
specified in the item is taken to be a reference to the amount specified in the
item as reduced by that previous determination and any other previous
determination.
(9) To avoid doubt, a determination under this section applies despite any
other provision in this Act.
(10) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) If a section 31 agreement applies to a departmental item, then
the amount specified in the item is taken to be increased in accordance with the
agreement, and on the conditions set out in the agreement. The increase cannot
be more than the relevant receipts covered by the agreement.
(2) For the purposes of section 31 of the Financial Management and
Accountability Act 1997, each departmental item is taken to be marked
“net appropriation”.
(1) The responsible Presiding Officer may determine that the amount
specified in a departmental item or in an other departmental item is to be
increased by an amount specified in the determination.
(2) The total of the amounts determined for the Department of the
Senate:
(a) under this section; and
(b) under section 12 of the Appropriation (Parliamentary
Departments) Act (No. 1) 2003-2004;
cannot be more than $200,000.
(3) The total of the amounts determined for the Department of the House of
Representatives:
(a) under this section; and
(b) under section 12 of the Appropriation (Parliamentary
Departments) Act (No. 1) 2003-2004;
cannot be more than $200,000.
(4) The total of the amounts determined for all the other Parliamentary
Departments together:
(a) under this section; and
(b) under section 12 of the Appropriation (Parliamentary
Departments) Act (No. 1) 2003-2004;
cannot be more than $200,000.
(5) The responsible Presiding Officer must give the Parliament details of
amounts determined under this section.
(1) This section applies if the responsible Presiding Officer is satisfied
that:
(a) there is an urgent need for expenditure that is not provided for, or
is insufficiently provided for, in Schedule 1; and
(b) the additional expenditure is not provided for, or is insufficiently
provided for, in Schedule 1:
(i) because of an erroneous omission or understatement; or
(ii) because the additional 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 for the Department of the
Senate:
(a) under this section; and
(b) under section 13 of the Appropriation (Parliamentary
Departments) Act (No. 1) 2003-2004;
cannot be more than $300,000.
(4) The total of the amounts determined for the Department of the House of
Representatives:
(a) under this section; and
(b) under section 13 of the Appropriation (Parliamentary
Departments) Act (No. 1) 2003-2004;
cannot be more than $300,000.
(5) The total of the amounts determined for all the other Parliamentary
Departments together:
(a) under this section; and
(b) under section 13 of the Appropriation (Parliamentary
Departments) Act (No. 1) 2003-2004;
cannot be more than $1 million.
(6) The responsible Presiding Officer must give the Parliament details of
amounts determined under this section.
After the commencement of this Act, section 14 of the
Appropriation (Parliamentary Departments) Act (No. 1) 2003-2004 has
effect as if the reference to an item included a reference to an item in the
Schedule to this Act.
Note: Section 14 of the Appropriation (Parliamentary
Departments) Act (No. 1) 2003-2004 provides for amounts to be added to
items for a Parliamentary Department in respect of Comcover payments to the
Parliamentary Department.
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.
The Consolidated Revenue Fund is appropriated as necessary for the
purposes of this Act.
Note: See sections 6 and 18.
|
|
|
|
|
Abstract |
|
|
|
Page |
|
|
|
Reference |
Departments and Services |
Total |
|
|
|
$'000 |
|
|
|
|
|
18 |
Senate |
24 |
|
19 |
House of Representatives |
42 |
|
20 |
Department of Parliamentary
Services |
275 |
|
|
|
|
|
|
Total |
341 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
DEPARTMENTS AND
SERVICES |
|
|
|
|
|
|
|
|
SUMMARY
Additional Appropriation
(bold figures) —
2003-2004
Budget Appropriation
(italic figures) — 2003-2004
|
|
|
|
|
|
|
|
|
|
Departmental |
Administered |
Non- |
|
|
Agency |
Outputs |
Expenses |
operating |
Total |
|
|
|
|
$'000 |
$'000 |
$'000 |
$'000 |
|
|
|
|
|
|
|
|
Senate |
24 |
- |
- |
24 |
|
|
|
|
30,288 |
1,298 |
- |
31,586 |
|
|
|
|
|
|
|
|
House of Representatives |
42 |
- |
- |
42 |
|
|
|
|
31,643 |
1,198 |
- |
32,841 |
|
|
|
|
|
|
|
|
Department of Parliamentary
Services |
275 |
- |
- |
275 |
|
|
|
|
- |
- |
- |
- |
|
|
|
|
|
|
|
|
Joint House Department |
- |
- |
- |
- |
|
|
|
|
34,198 |
10,654 |
- |
44,852 |
|
|
|
|
|
|
|
|
Parliamentary Library |
- |
- |
- |
- |
|
|
|
|
17,387 |
- |
- |
17,387 |
|
|
|
|
|
|
|
|
Parliamentary Reporting Staff |
- |
- |
- |
- |
|
|
|
|
40,613 |
- |
- |
40,613 |
|
|
|
|
|
|
|
|
Total: Parliamentary
Departments |
341 |
- |
- |
341 |
|
|
|
|
154,129 |
13,150 |
- |
167,279 |
SENATE
Additional
Appropriation (bold figures) —
2003-2004
Budget Appropriation
(italic figures) —
2003-2004
Actual Available
Appropriation (light figures) — 2002-2003
|
|
|
|
|
|
|
|
|
Departmental |
Administered |
|
|
|
|
Outputs |
Expenses |
Total |
|
|
|
$'000 |
$'000 |
$'000 |
|
SENATE |
|
|
|
|
|
Operating |
|
|
|
|
|
|
Outcome 1 - |
|
|
|
|
|
Effective provision of services to
support |
24 |
- |
24 |
|
|
the functioning of the Senate as a
House |
30,288 |
1,298 |
31,586 |
|
|
of the Commonwealth
Parliament |
28,246 |
1,123 |
29,369 |
|
|
|
|
|
|
|
Total: Senate |
24 |
- |
24 |
|
HOUSE OF
REPRESENTATIVES
Additional
Appropriation (bold figures) —
2003-2004
Budget Appropriation
(italic figures) —
2003-2004
Actual Available
Appropriation (light figures) — 2002-2003
|
|
|
|
|
|
|
|
|
Departmental |
Administered |
|
|
|
|
Outputs |
Expenses |
Total |
|
|
|
$'000 |
$'000 |
$'000 |
|
HOUSE OF
REPRESENTATIVES |
|
|
|
|
|
Operating |
|
|
|
|
|
|
Outcome 1 - |
|
|
|
|
|
The House of Representatives fulfils
its |
42 |
- |
42 |
|
|
role as a representative and
legislative |
31,643 |
1,198 |
32,841 |
|
|
body |
28,872 |
1,066 |
29,938 |
|
|
|
|
|
|
|
Total: House of
Representatives |
42 |
- |
42 |
|
DEPARTMENT OF PARLIAMENTARY
SERVICES
Additional
Appropriation (bold figures) —
2003-2004
Budget Appropriation
(italic figures) —
2003-2004
Actual Available
Appropriation (light figures) — 2002-2003
|
|
|
|
|
|
|
|
|
Departmental |
Administered |
|
|
|
|
Outputs |
Expenses |
Total |
|
|
|
$'000 |
$'000 |
$'000 |
|
DEPARTMENT OF PARLIAMENTARY
SERVICES |
|
|
|
|
|
Operating |
|
|
|
|
|
|
Outcome 1 - |
|
|
|
|
|
Parliament functions effectively and
its |
275 |
- |
275 |
|
|
work and building are accessible to
the |
- |
- |
- |
|
|
Australian community |
- |
- |
- |
|
|
|
|
|
|
|
Total: Department of Parliamentary
Services |
275 |
- |
275 |
|