APPROPRIATION (TSUNAMI FINANCIAL ASSISTANCE AND AUSTRALIA INDONESIA PARTNERSHIP) BILL 2004 2005

2004-2005

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Appropriation (Tsunami Financial

Assistance and Australia-Indonesia

Partnership) Bill 2004-2005

No. , 2005

(Finance and Administration)

A Bill for an Act to appropriate money out of the

Consolidated Revenue Fund for certain

expenditure in relation to Tsunami financial

assistance and the Australia-Indonesia Partnership

for Reconstruction and Development, and for

related purposes

i Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill

2004-2005 No. , 2005

Contents

Part 1--Preliminary

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

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

Definitions.....................................................................................2

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

Notional payments, receipts etc. .....................................................4

Part 2--Basic appropriations

Summary of basic appropriations....................................................5

Administered items--basic appropriation........................................5

Administered assets and liabilities items--basic

appropriation .................................................................................5

Other departmental items--basic appropriation...............................6

Reduction of appropriations upon request .......................................7

Part 3--Additions to basic appropriations

Advance to the Finance Minister.....................................................9

Part 4--Miscellaneous

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

Appropriation of the Consolidated Revenue Fund .........................11

Schedule 1--Services for which money is

appropriated

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 1

A Bill for an Act to appropriate money out of the

Consolidated Revenue Fund for certain

expenditure in relation to Tsunami financial

assistance and the Australia-Indonesia Partnership

for Reconstruction and Development, and for

related purposes

The Parliament of Australia enacts:

Part 1 Preliminary

Section 1

2 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill

2004-2005 No. , 2005

Part 1--Preliminary

1 Short title

This Act may be cited as the Appropriation (Tsunami Financial

Assistance and Australia-Indonesia Partnership) Act 2004-2005.

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

3 Definitions

In this Act, unless the contrary intention appears:

administered assets and liabilities item means an amount set out in

Schedule 1 in relation to an entity opposite the heading

"Administered Assets and Liabilities".

administered item means an amount set out in Schedule 1 opposite

an outcome of an entity under the heading "New Administered

Expenses".

Agency means any of the following:

(a) an Agency within the meaning of the Financial Management

and Accountability Act 1997;

(b) the High Court.

Commonwealth authority has the same meaning as in the

Commonwealth Authorities and Companies Act 1997.

Commonwealth company has the same meaning as in the

Commonwealth Authorities and Companies Act 1997.

current year means the financial year ending on 30 June 2005.

entity means any of the following:

(a) an Agency;

(b) a Commonwealth authority;

Preliminary Part 1

Section 3

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 3

(d) the Australian National Training Authority.

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) an administered assets and liabilities item;

other departmental item means an amount set out in Schedule 1 in

relation to an entity:

(a) opposite the heading "Equity Injections"; or

(b) opposite the heading "Loans"; or

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) 2004-2005 and the Bill for the

Appropriation Act (No. 4) 2004-2005.

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) 2004-2005 and the Bill for the Appropriation Act (No. 2)

2004-2005.

Portfolio Supplementary Additional Estimates Statements means

the Portfolio Supplementary 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

(Tsunami Financial Assistance) Act 2004-2005.

Special Account has the same meaning as in the Financial

Management and Accountability Act 1997.

Part 1 Preliminary

Section 4

4 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill

2004-2005 No. , 2005

4 Portfolio Statements

(1) The Portfolio Budget Statements, Portfolio Additional Estimates

Statements and Portfolio Supplementary 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, Portfolio Additional Estimates

Statements or Portfolio Supplementary 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.

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.

Basic appropriations Part 2

Section 6

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 5

Part 2--Basic appropriations

6 Summary of basic appropriations

The total of the items specified in Schedule 1 is $1,001,526,000.

Note 1:

Items in Schedule 1 can be increased under Part 3 of this Act and

under section 13 of the Appropriation Act (No. 1) 2004-2005 (as

modified by section 11 of the Appropriation (Tsunami Financial

Assistance) Act 2004-2005).

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.

7 Administered items--basic appropriation

(1) For an administered item for an outcome of an entity, 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 entity

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 an entity 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.

(3) A determination made under paragraph (1)(b) is not a legislative

instrument.

8 Administered assets and liabilities items--basic appropriation

(1) For an administered assets and liabilities item for an entity, the

Finance Minister may issue out of the Consolidated Revenue Fund

Part 2 Basic appropriations

Section 9

6 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill

2004-2005 No. , 2005

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 an entity 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 relation to the entity:

(a) in Schedule 1 to this Act; or

(b) in Schedule 1 to the Appropriation (Tsunami Financial

Assistance) Act 2004-2005; or

(d) in Schedule 1 to the Appropriation Act (No. 3) 2004-2005; or

(e) in Schedule 2 to the Appropriation Act (No. 2) 2004-2005; or

(f) in Schedule 1 to the Appropriation Act (No. 1) 2004-2005.

9 Other departmental items--basic appropriation

(1) For an other departmental item for an entity, 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 an

other departmental item may only be applied for the departmental

expenditure of the entity.

(3) If:

(a) an Act provides that an entity must be paid amounts that are

appropriated by the Parliament for the purposes of the entity;

and

(b) Schedule 1 contains an other departmental item for that

entity;

then the Finance Minister, under subsection (1), must issue out of

the Consolidated Revenue Fund the full amount specified in the

item.

Basic appropriations Part 2

Section 10

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 7

10 Reduction of appropriations upon request

(1) The Finance Minister may, upon written request by a Minister,

make a written determination under this section reducing an

administered assets and liabilities item or an other departmental

item for an entity for which the Minister is responsible by the

amount specified in the determination.

(2) The Finance Minister may, upon written request by the Chief

Executive of an entity for which the Finance Minister is

responsible, make a written determination under this section

reducing an administered assets and liabilities item or an other

departmental item for that entity by the amount specified in the

determination.

(3) Where a determination is made, the amount specified in the item is

taken to have been reduced by the amount specified in the

determination.

(4) However, a determination is of no effect if the determination has

not been requested under subsection (1) or (2).

(5) 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) or (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.

(6) For the purposes of paragraph (5)(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.

(7) To avoid doubt, where a previous determination has been made in

relation to an item, the reference in paragraph (5)(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.

(8) To avoid doubt, a determination under this section applies despite

any other provision of this Act.

Part 2 Basic appropriations

Section 10

8 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill

2004-2005 No. , 2005

(9) A determination made under subsection (1) or (2) is a legislative

instrument and, despite subsection 44(2) of the Legislative

Instruments Act 2003, section 42 of that Act applies to the

determination. However, Part 6 of that Act does not apply to the

determination.

(10) A written request made under subsection (1) or (2) is not a

legislative instrument.

Additions to basic appropriations Part 3

Section 11

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 9

Part 3--Additions to basic appropriations

11 Advance to the Finance Minister

(1) This section applies if the Finance Minister 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 Finance Minister, to make provision for

so much (if any) of the additional expenditure as the Finance

Minister determines.

(3) The total of the amounts determined by the Finance Minister:

(a) under this section; and

(b) under section 13 of the Appropriation Act (No. 2) 2004-2005;

and

cannot be more than $215 million.

(4) However, if:

(a) an amount determined by the Finance Minister under

section 13 of the Appropriation Act (No. 2) 2004-2005 is

recovered from an amount set out in Schedule 2 to the

Appropriation Act (No. 4) 2004-2005; or

(b) an amount determined by the Finance Minister under

section 13 of the Appropriation Act (No. 2) 2004-2005 or

section 13 the Appropriation Act (No. 4) 2004-2005 is

recovered from an amount set out in Schedule 1 to this Act;

Part 3 Additions to basic appropriations

Section 11

10 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership)

Bill 2004-2005 No. , 2005

the determined amount is to be disregarded for the purposes of

subsection (3).

(5) A determination made under subsection (2) is a legislative

instrument, but neither section 42 nor Part 6 of the Legislative

Instruments Act 2003 applies to the determination.

Miscellaneous Part 4

Section 12

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 11

Part 4--Miscellaneous

12 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.

13 Appropriation of the Consolidated Revenue Fund

The Consolidated Revenue Fund is appropriated as necessary for

the purposes of this Act.

Schedule 1 Services for which money is appropriated

14 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership)

Bill 2004-2005 No. , 2005

SUMMARY

Supplementary Appropriation (bold figures) -- 2004-2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) -- 2004-2005

Specific

Payments to

New

the States and Administered

Non-

Portfolio

Territories

Expenses

operating

Total

$'000

Agriculture, Fisheries and Forestry

464,986

5,860

470,846

Continued

Attorney-General's

95,908

114,038

209,946

Continued

Communications, Information

Technology and the Arts

1,125

29,292

30,417

Continued

Defence

488

375,498

Continued

Veterans' Affairs

7,290

14,256

21,546

Continued

Education, Science and Training

50,916

Continued

Employment and Workplace Relations

26,516

Continued

Environment and Heritage

29,938

25,900

55,838

Continued

Family and Community Services

1,974,745

650

1,975,395

Continued

Finance and Administration

296,875

Continued

Foreign Affairs and Trade

- 1,000,830

114 1,000,944

189,503

Continued

Health and Ageing

1,083,570

60,644

1,144,214

Continued

Immigration and Multicultural and

Indigenous Affairs

2,140

72,491

74,631

Continued

Industry, Tourism and Resources

51,930

172,628

224,558

Continued

Services for which money is appropriated Schedule 1

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 15

SUMMARY

Supplementary Appropriation (bold figures) -- 2004-2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) -- 2004-2005

Specific

Payments to

New

the States and Administered

Non-

Portfolio

Territories

Expenses

operating

Total

$'000

Prime Minister and Cabinet

50,000

7,682

57,682

Continued

Transport and Regional Services

190,901

102,210

293,111

Continued

Treasury

178,509

64,066

242,575

Continued

Total:

- 1,000,830

696 1,001,526

4,081,042

50,000

1,609,025

5,740,067

Schedule 1 Services for which money is appropriated

16 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership)

Bill 2004-2005 No. , 2005

DEFENCE PORTFOLIO

Supplementary Appropriation (bold figures) -- 2004-2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) -- 2004-2005

Actual Available Appropriation (light figures) -- 2003-2004

Specific

Payments to

New

the States and

Administered

Territories

Expenses

Total

$'000

DEPARTMENT OF DEFENCE

Non-operating

Equity Injections

488

375,498

706,334

Total: Department of Defence

488

Services for which money is appropriated Schedule 1

Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Bill 2004-

2005 No. , 2005 17

FINANCE AND ADMINISTRATION PORTFOLIO

Supplementary Appropriation (bold figures) -- 2004-2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) -- 2004-2005

Actual Available Appropriation (light figures) -- 2003-2004

Specific

Payments to

New

the States and

Administered

Territories

Expenses

Total

$'000

HEALTH INSURANCE COMMISSION

Non-operating

Equity Injections

19,315

34,197

Total: Health Insurance Commission

Schedule 1 Services for which money is appropriated

18 Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership)

Bill 2004-2005 No. , 2005

FOREIGN AFFAIRS AND TRADE PORTFOLIO

Supplementary Appropriation (bold figures) -- 2004-2005

Appropriation Act No. 2 and Appropriation Bill No. 4 (italic figures) -- 2004-2005

Actual Available Appropriation (light figures) -- 2003-2004

Specific

Payments to

New

the States and

Administered

Territories

Expenses

Total

$'000

AUSTRALIAN AGENCY FOR

INTERNATIONAL DEVELOPMENT

Operating

Outcome 2 -

Australia's national interest advanced by

1,000,830

implementing a partnership between

Australia and Indonesia for reconstruction and

development

Total: Operating

1,000,830

Non-operating

Administered Assets and Liabilities

114

92,559

209,049

Total: Non-operating

114

Total: Australian Agency for

1,000,830

1,000,944

International Development

97,359

Commonwealth of Australia Bills

APPROPRIATION (TSUNAMI FINANCIAL ASSISTANCE AND AUSTRALIA INDONESIA PARTNERSHIP) BILL 2004 2005