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2010-2011-2012-2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
STATUTE STOCKTAKE (APPROPRIATIONS) BILL 2013
EXPLANATORY MEMORANDUM
(Circulated by the authority of the Minister for Finance and Deregulation,
Senator the Honourable Penny Wong)
Table of Acronyms and Defined Terms
FMA Act Financial Management and Accountability Act 1997
Item An item of a Schedule of the Statute Stocktake
(Appropriations) Bill 2013
Stocktake Bill Statute Stocktake (Appropriations) Bill 2013
House of Representatives page 1 Statute Stocktake (Appropriations) Bill 2013
Outline
Statute Stocktake (Appropriations) Bill 2013
General Outline
1. The Statute Stocktake (Appropriations) Bill 2013 (Stocktake Bill) would,
if enacted, repeal 84 old annual Appropriation Acts from 1999-2000 until
2009-2010 (inclusive).
2. The Stocktake Bill is the sixth Statute Stocktake Bill since 1998, and
forms part an ongoing process to clean up the statute book by repealing
legislation that is redundant. The repeal of 84 old annual Appropriation Acts
continues the Government's efforts to review redundant legislation, or should
be better dealt with in new legislation.
3. The Stocktake Bill does not appropriate any money, rather it seeks to
repeal whole Acts.
4. The amounts appropriated by the old annual Appropriation Acts have
been spent, exhausted, lapsed, or to a minor extent, will be considered for
re-appropriation through the Budget process.
5. The Stocktake Bill follows the Legislative Instruments Amendment
(Sunsetting Measures) Act 2012, which contributed to the Government's
ongoing efforts to reduce the stock of unnecessary and redundant legislation.
The Stocktake Bill also facilitates the repeal of numerous subsidiary laws, in
this case connected to old annual Appropriation Acts, consistent with the
Government's deregulation agenda.
Financial Impact
6. The proposed amendments have no financial impact. Much of
the unspent appropriations in the 84 old annual Appropriation Acts are
redundant. Minor amounts that may not be redundant will be considered for
re-appropriation through standard appropriation options, noting that expenditure
is already forecast in the forward estimates.
House of Representatives page 2 Statute Stocktake (Appropriations) Bill 2013
Statement of compatibility with human rights
Statement of compatibility with human rights
1 The Bill seeks to repeal 84 old annual Appropriation Acts.
2 Accordingly, this Appropriation Bill performs an important function, by
reducing the statute book.
3 The High Court has emphasised that Appropriation Acts do not create
rights and nor do they, importantly, impose any duties.
4 Given that the legal effect of Appropriation Acts is limited in this way,
the repeal of Appropriation Acts is not seen as engaging, or otherwise affecting,
the rights or freedoms relevant to the Human Rights (Parliamentary Scrutiny)
Act 2011.
House of Representatives page 3 Statute Stocktake (Appropriations) Bill 2013
Notes on clauses
Notes on clauses
1 The structure of the Statute Stocktake (Appropriations) Bill 2013
(Stocktake Bill) comprises the long title, one clause that provides the short title
and then two clauses that refer to the Schedule that contains the substantive
repeals. These notes describe the content and effect of the long title and the
three clauses.
2 The long title of the Stocktake Bill provides that it is a Bill for an Act to
repeal certain Acts.
Clause 1--Short title
3 This clause provides that, if the Stocktake Bill is enacted, it may then be
cited as the Statute Stocktake (Appropriations) Act 2013.
Clause 2--Commencement
4 This clause provides that if the Stocktake Bill is passed, the Act would
commence on the day this Act receives the Royal Assent.
Clause 3--Schedule(s)
5 This clause provides that each Act specified in the Schedule to the
Stocktake Bill would be repealed as set out in the applicable items in that
Schedule of the Stocktake Bill.
Schedule 1--Repeal of Acts
6 This Schedule seeks to repeal 84 old annual Appropriation Acts from
1999-2000 until 2009-2010 (inclusive) that are still on the statute book. The
Bill would, if enacted, repeal 84 old annual Appropriation Acts, comprising:
28 old Acts for the ordinary annual services of the Government;
28 old Acts for other than the ordinary annual services of the
Government;
15 old Acts for the operations of Parliamentary Departments; and
13 old Acts in relation to supplementary estimate appropriations.
House of Representatives page 4 Statute Stocktake (Appropriations) Bill 2013
Notes on clauses
7 Old annual Appropriation Acts have been repealed through six Acts
since 1934:
the Statute Law Revision Act 1934;
the Statute Law Revision Act 1950;
the Statute Law Revision Act 1973;
the Statute Law Revision Act 1981;
the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985; and
the Statute Stocktake (Appropriations) Act (No. 1) 2012.
8 Accordingly all annual Appropriation Acts from 1901 to Appropriation
Act (No.4) 1998-1999 have been repealed and removed from the statute book.
9 There has been no general repeal of annual Appropriation Acts since the
Statute Stocktake (Appropriations) Act (No. 1) 2012, with the result that annual
Appropriation Acts since Appropriation Act (No.1) 1999-2000 remain on the
statute book, even though the vast majority of amounts appropriated at those
times have now been fully expended.
House of Representatives page 5 Statute Stocktake (Appropriations) Bill 2013