APPROPRIATION (NATION BUILDING AND JOBS) BILL (NO. 2) 2008-2009 [NO. 2]

i Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

Contents

Part 1--Preliminary

Short title ........................................................................................... 1

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

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

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

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

Part 2--Appropriation items

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

State, ACT, NT and local government items ..................................... 5

Administered items ............................................................................ 5

Administered assets and liabilities items ........................................... 6

Other departmental items ................................................................... 7

CAC Act body payment items ........................................................... 7

Part 3--Adjusting appropriation items

Reducing State, ACT, NT and local government items and

administered items ............................................................................. 8

Reducing administered assets and liabilities items and other

departmental items............................................................................. 8

Reducing CAC Act body payment items ........................................... 9

Part 4--Miscellaneous

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

Conditions etc. applying to State, ACT, NT and local

government items ............................................................................ 11

Appropriation of the Consolidated Revenue Fund .......................... 12

Schedule 1--Payments to or for the States, ACT, NT

and local government

Schedule 2--Services for which money is

appropriated

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 1

A Bill for an Act to appropriate money out of the

Consolidated Revenue Fund for certain

expenditure in relation to nation building and jobs,

and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Appropriation (Nation Building and

Jobs) Act (No. 2) 2008-2009.

Part 1 Preliminary

Section 2

2 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

2 Commencement

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

Assent.

3 Definitions

In this Act:

administered assets and liabilities item means the amount set out

in Schedule 2 in relation to an Agency opposite the heading

"Administered Assets and Liabilities".

administered item means an amount set out in Schedule 2 opposite

an outcome for an Agency under the heading "New Administered

Expenses".

Agency means:

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

and Accountability Act 1997; or

(b) the High Court of Australia.

CAC Act body means:

(a) a Commonwealth authority within the meaning of the

Commonwealth Authorities and Companies Act 1997; or

(b) a Commonwealth company within the meaning of the

Commonwealth Authorities and Companies Act 1997.

CAC Act body payment item means the amount set out in

Schedule 2 in relation to a CAC Act body under the heading

"Non-operating".

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 2009.

expenditure means payments for expenses, acquiring assets,

making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

Preliminary Part 1

Section 3

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 3

item means any of the following:

(a) a State, ACT, NT and local government item;

(b) an administered item;

(d) an other departmental item;

(e) a CAC Act body payment item.

other departmental item means an amount set out in Schedule 2 in

relation to an Agency:

(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) 2008-2009 and the Bill for the

Appropriation Act (No. 4) 2008-2009.

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) 2008-2009 and the Bill for the Appropriation Act (No. 2)

2008-2009.

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

(Nation Building and Jobs) Act (No. 1) 2008-2009.

Portfolio Supplementary Estimates Statements means the

Portfolio Supplementary Estimates Statements that were tabled in

the Senate or the House of Representatives in relation to the Bill

for the Appropriation (Economic Security Strategy) Act (No. 1)

2008-2009 and the Bill for the Appropriation (Economic Security

Strategy) Act (No. 2) 2008-2009.

Special Account has the same meaning as in the Financial

Management and Accountability Act 1997.

Part 1 Preliminary

Section 4

4 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

State, ACT, NT and local government item means an amount set

out in Schedule 2 opposite an outcome for an Agency under the

heading "Payments to States, ACT, NT and local government".

4 Portfolio Statements

The Portfolio Budget Statements, Portfolio Supplementary

Estimates 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.

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.

Appropriation items Part 2

Section 6

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 5

Part 2--Appropriation items

6 Summary of appropriations

The total of the items specified in Schedule 2 is $1,727,200,000.

Note 1:

Items in Schedule 2 can be adjusted under Part 3 of this Act.

Note 2:

See also sections 30 to 32 of the Financial Management and

Accountability Act 1997, which provide for adjustments of amounts

appropriated by this Act.

7 State, ACT, NT and local government items

(1) The amount specified in a State, ACT, NT and local government

item for an outcome for an Agency may be applied for the purpose

of making payments to or for the States, the Australian Capital

Territory, the Northern Territory and local government authorities

for the purpose of contributing to achieving that outcome.

Note:

The Finance Minister manages the expenditure of public money

through the issue of drawing rights under the Financial Management

and Accountability Act 1997.

(2) If the Portfolio Budget Statements, Portfolio Supplementary

Estimates 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.

8 Administered items

(1) The amount specified in an administered item for an outcome for

an Agency may be applied for expenditure for the purpose of

contributing to achieving that outcome.

Note:

The Finance Minister manages the expenditure of public money

through the issue of drawing rights under the Financial Management

and Accountability Act 1997.

Part 2 Appropriation items

Section 9

6 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

(2) If the Portfolio Budget Statements, Portfolio Supplementary

Estimates 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.

9 Administered assets and liabilities items

(1) The amount specified in an administered assets and liabilities item

for an Agency may be applied for expenditure for the purpose of

contributing to achieving any outcome specified for the Agency:

(a) in Schedule 2 to this Act; or

(b) in Schedule 1 to the Appropriation (Nation Building and

Jobs) Act (No. 1) 2008-2009; or

(d) in Schedule 1 to the Appropriation Act (No. 3) 2008-2009; or

(e) in Schedule 2 to the Appropriation (Economic Security

Strategy) Act (No. 2) 2008-2009; or

(f) in Schedule 1 to the Appropriation (Economic Security

Strategy) Act (No. 1) 2008-2009; or

(g) in Schedule 2 to the Appropriation Act (No. 2) 2008-2009; or

(h) in Schedule 1 to the Appropriation Act (No. 1) 2008-2009.

Note:

The Finance Minister manages the expenditure of public money

through the issue of drawing rights under the Financial Management

and Accountability Act 1997.

(2) If the Portfolio Budget Statements, Portfolio Supplementary

Estimates 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.

Appropriation items Part 2

Section 10

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 7

10 Other departmental items

The amount specified in an other departmental item for an Agency

may be applied for the departmental expenditure of the Agency.

Note:

The Finance Minister manages the expenditure of public money

through the issue of drawing rights under the Financial Management

and Accountability Act 1997.

11 CAC Act body payment items

(1) The amount specified in a CAC Act body payment item for a CAC

Act body may be paid to the body to be applied for the purposes of

the body.

Note:

The Finance Minister manages the expenditure of public money

through the issue of drawing rights under the Financial Management

and Accountability Act 1997.

(2) If:

(a) an Act provides that a CAC Act body must be paid amounts

that are appropriated by the Parliament for the purposes of

the body; and

(b) Schedule 2 contains a CAC Act body payment item for that

body;

then the body must be paid the full amount specified in the item.

Part 3 Adjusting appropriation items

Section 12

8 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

Part 3--Adjusting appropriation items

12 Reducing State, ACT, NT and local government items and

administered items

(1) If:

(a) an annual report for an Agency for the current year is tabled

in the Parliament; and

(b) the report specifies the amount required by an Agency in

respect of:

(i) a State, ACT, NT and local government item for the

Agency; or

(ii) an administered item for the Agency; and

the item is taken to be reduced to the required amount.

(2) The Finance Minister may, by writing, determine that

subsection (1):

(a) does not apply in relation to the item; or

(b) applies as if the amount specified in the annual report were

the amount specified in the determination.

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

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

Instruments Act 2003, section 42 (disallowance) of that Act applies

to the determination. However, Part 6 (sunsetting) of that Act does

not apply to the determination.

13 Reducing administered assets and liabilities items and other

departmental items

(1) A written request to reduce an administered assets and liabilities

item or an other departmental item for an Agency may be made to

the Finance Minister by:

(a) the Minister who is responsible for the Agency; or

Adjusting appropriation items Part 3

Section 14

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 9

(b) if the Finance Minister is responsible for the Agency--the

Chief Executive of the Agency.

(2) If a request is made under subsection (1), the Finance Minister

may, by writing, determine that the item is to be reduced by the

amount specified in the request.

(3) However, the determination has no effect to the extent that it would

reduce the item below nil, after subtracting amounts that have been

applied under Part 2 in respect of the item.

(4) The item is taken to be reduced in accordance with the

determination.

(5) A request made under subsection (1) is not a legislative instrument.

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

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

Instruments Act 2003, section 42 (disallowance) of that Act applies

to the determination. However, Part 6 (sunsetting) of that Act does

not apply to the determination.

14 Reducing CAC Act body payment items

(1) A written request to reduce a CAC Act body payment item for a

CAC Act body may be made to the Finance Minister by:

(a) the Minister who is responsible for the body; or

(b) if the Finance Minister is responsible for the body--the

Secretary of the Department.

Note:

For Department, see subsection 19A(3) of the Acts Interpretation Act

1901.

(2) If a request is made under subsection (1), the Finance Minister

may, by writing, determine that the item is to be reduced by the

amount specified in the request.

(3) However, the determination has no effect to the extent that it would

reduce the item below nil, after subtracting amounts that have been

paid to the body in respect of the item.

(4) The item is taken to be reduced in accordance with the

determination.

Part 3 Adjusting appropriation items

Section 14

10 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

(5) Subsection 11(2) does not limit the reduction of a CAC Act body

payment item under this section.

(6) A request made under subsection (1) is not a legislative instrument.

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

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

Instruments Act 2003, section 42 (disallowance) of that Act applies

to the determination. However, Part 6 (sunsetting) of that Act does

not apply to the determination.

Miscellaneous Part 4

Section 15

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 11

Part 4--Miscellaneous

15 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.

16 Conditions etc. applying to State, ACT, NT and local government

items

(1) This section applies to any payment made out of money

appropriated by a State, ACT, NT and local government item for

an outcome specified in column 2 of the table in Schedule 1.

(2) The payment:

(a) must be made on the terms and conditions (if any) from time

to time determined, in the way described in subsection (3), as

applying to payments made:

(i) in relation to the outcome; and

(ii) to or for a State, the Australian Capital Territory, the

Northern Territory or a local government authority; and

(iii) out of money appropriated by an annual Appropriation

Act; and

(b) must be made in accordance with any determination in

writing made by the Minister specified, in column 4 of the

table in Schedule 1, for the outcome as to amounts and times

of payments.

(3) The way of determining the terms and conditions applying to

payments described in paragraph (2)(a) is for the Minister

specified, in column 3 of the table in Schedule 1, for the outcome

to make the determination in writing before or after the

commencement of this Act.

Part 4 Miscellaneous

Section 17

12 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

(4) Determinations mentioned in paragraph (2)(a) and determinations

made under paragraph (2)(b) are not legislative instruments.

(5) This section does not limit the Commonwealth's power to:

(a) apply terms and conditions to payments made out of money

that is not appropriated by a State, ACT, NT and local

government item; or

(b) determine the amounts and times of those payments.

17 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 Financial Management and Accountability Act

1997.

Payments to or for the States, ACT, NT and local government Schedule 1

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 13

Schedule 1--Payments to or for the States,

ACT, NT and local government

Note:

See section 16.

Column 1

Column 2

Column 3

Column 4

Minister

determining

Entity

Outcome

conditions

payments

Department of

Education,

Employment and

Workplace

Relations

School Education - Schools and

other educators provide high quality

teaching and learning to all

Australian children, creating good

foundation skills and positive life

opportunities

Minister for

Education

Minister for

Education

Department of

Families, Housing,

Community

Services and

Indigenous Affairs

Strong and resilient communities -

Services and assistance that: help

homeless people and low-income

households to gain affordable and

appropriate housing; promote

community partnerships; and

encourage participation in the local

community by individuals, families,

business and government

Minister for

Families,

Housing,

Community

Services and

Indigenous

Affairs

Minister for

Families,

Housing,

Community

Services and

Indigenous

Affairs

Department of

Infrastructure,

Transport, Regional

Development and

Local Government

Assisting the Government to

provide, evaluate, plan and invest in

infrastructure across industry

sectors

Minister for

Infrastructure,

Transport,

Regional

Development and

Local

Government

Minister for

Infrastructure,

Transport,

Regional

Development and

Local

Government

Department of

Infrastructure,

Transport, Regional

Development and

Local Government

Assisting regions and local

government to develop and manage

their futures

Minister for

Infrastructure,

Transport,

Regional

Development and

Local

Government

Minister for

Infrastructure,

Transport,

Regional

Development and

Local

Government

Schedule 2 Services for which money is appropriated

14 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

Schedule 2--Services for which money is

appropriated

Note:

See sections 6 and 17.

Abstract

Page

Reference

Portfolio

Total

$'000

Education, Employment and Workplace Relations

987,200

Families, Housing, Community Services and Indigenous Affairs

260,000

Infrastructure, Transport, Regional Development and Local

Government

480,000

Total

1,727,200

Schedule 2 Services for which money is appropriated

16 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

SUMMARY

Summary of Appropriations (bold figures)

2008-2009

Budget and Supplementary Appropriation (italic figures)

2008-2009

Portfolio

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Non-

operating

Total

$'000

Agriculture, Fisheries and Forestry

527,907

3,950

531,857

Attorney-

General's

323,625

289,726

613,351

Broadband, Communications and the

Digital Economy

17,833

Defence

42,614

2,377,805

2,420,419

Education, Employment and

Workplace Relations

987,200

807,843

11,567

819,410

Environment, Water, Heritage and the

Arts

117,014

75,330

192,344

Families, Housing, Community

Services and Indigenous Affairs

260,000

2,618,444

54,738

2,673,182

Finance and Deregulation

206,240

Foreign Affairs and Trade

314,530

Health and Ageing

1,787,684

131,379

1,919,063

Human Services

20,292

Immigration and Citizenship

4,196

36,124

40,320

Infrastructure, Transport, Regional

Development and Local

Government

480,000

2,485,497

Innovation, Industry, Science and

Research

71,131

Prime Minister and Cabinet

14,636

Resources, Energy and Tourism

55,486

2,925

58,411

Treasury

1,266,716

210,573

1,477,289

Total: Bill 2

1,727,200

10,037,026

3,838,779

13,875,805

Services for which money is appropriated Schedule 2

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 17

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

PORTFOLIO

SUMMARY

Summary of Appropriations (bold figures)

2008-2009

Budget and Supplementary Appropriation (italic figures)

2008-2009

Entity

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Non-

operating

Total

$'000

Department of Education,

Employment and Workplace

Relations

987,200

807,843

7,794

815,637

Office of the Workplace Ombudsman

350

Workplace Authority

3,423

Total: Education, Employment and

Workplace Relations

987,200

807,843

11,567

819,410

Schedule 2 Services for which money is appropriated

18 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

PORTFOLIO

Additional Appropriation (bold figures)

2008-2009

Budget and Supplementary Appropriation (italic figures)

2008-2009

Actual Available Appropriation (light figures)

2007-2008

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Total

$'000

DEPARTMENT OF EDUCATION,

EMPLOYMENT AND WORKPLACE

RELATIONS

Operating

Outcome 2 -

School Education - Schools and other

educators provide high quality teaching and

learning to all Australian children, creating good

foundation skills and positive life opportunities

987,200

717,576

Total: Department of Education, Employment

and Workplace Relations

987,200

Services for which money is appropriated Schedule 2

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 19

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS

AFFAIRS PORTFOLIO

SUMMARY

Summary of Appropriations (bold figures)

2008-2009

Budget and Supplementary Appropriation (italic figures)

2008-2009

Entity

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Non-

operating

Total

$'000

Department of Families, Housing,

Community Services and

Indigenous Affairs

260,000

2,618,444

6,758

2,625,202

Payments to CAC Act bodies:

Aboriginal Hostels Limited

6,472

Indigenous Business Australia

41,508

Total: Families, Housing,

Community Services and

Indigenous Affairs

260,000

2,618,444

54,738

2,673,182

Schedule 2 Services for which money is appropriated

20 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS

AFFAIRS PORTFOLIO

Additional Appropriation (bold figures)

2008-2009

Budget and Supplementary Appropriation (italic figures)

2008-2009

Actual Available Appropriation (light figures)

2007-2008

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Total

$'000

DEPARTMENT OF FAMILIES, HOUSING,

COMMUNITY SERVICES AND INDIGENOUS

AFFAIRS

Operating

Outcome 4 -

Strong and resilient communities - Services

and assistance that: help homeless people and

low-income households to gain affordable and

appropriate housing; promote community

partnerships; and encourage participation in the

local community by individuals, families,

business and government

260,000

1,201,399

1,158,379

1,158,379

Total: Department of Families, Housing,

Community Services and Indigenous

Affairs

260,000

Services for which money is appropriated Schedule 2

Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009 21

INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT

AND LOCAL GOVERNMENT PORTFOLIO

SUMMARY

Summary of Appropriations (bold figures)

2008-2009

Budget and Supplementary Appropriation (italic figures)

2008-2009

Entity

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Non-

operating

Total

$'000

Department of Infrastructure,

Transport, Regional Development

and Local Government

480,000

2,485,497

Total: Infrastructure, Transport,

Regional Development and

Local Government

480,000

2,485,497

Schedule 2 Services for which money is appropriated

22 Appropriation (Nation Building and Jobs) Bill (No. 2) 2008-2009 No. , 2009

INFRASTRUCTURE, TRANSPORT, REGIONAL DEVELOPMENT AND

LOCAL GOVERNMENT PORTFOLIO

Additional Appropriation (bold figures)

2008-2009

Budget and Supplementary Appropriation (italic figures)

2008-2009

Actual Available Appropriation (light figures)

2007-2008

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Total

$'000

DEPARTMENT OF INFRASTRUCTURE,

TRANSPORT, REGIONAL DEVELOPMENT

AND LOCAL GOVERNMENT

Operating

Outcome 1 -

Assisting the Government to provide, evaluate,

plan and invest in infrastructure across industry

sectors

230,000

2,471,297

Outcome 3 -

Assisting regions and local government to

develop and manage their futures

250,000

14,200

52,351

Total: Department of Infrastructure,

Transport, Regional Development and

Local Government

480,000

Commonwealth of Australia Bills

APPROPRIATION (NATION BUILDING AND JOBS) BILL (NO. 2) 2008-2009 [NO. 2]