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This is a Bill, not an Act. For current law, see the Acts databases.

APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 1) 2005-2006

2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Appropriation (Parliamentary
Departments) Bill (No. 1) 2005-2006
No. , 2005
(Finance and Administration)
A Bill for an Act to appropriate money out of the
Consolidated Revenue Fund for expenditure in
relation to the Parliamentary Departments, and for
related purposes
i Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Contents
Part 1--Preliminary
1
1
Short title.......................................................................................1
2
Commencement .............................................................................2
3
Definitions.....................................................................................2
4
Portfolio Budget Statements ...........................................................3
5
Notional payments, receipts etc. .....................................................4
Part 2--Basic appropriations
5
6
Summary of basic appropriations....................................................5
7
Departmental items--basic appropriation........................................5
8
Administered items--basic appropriation........................................6
9
Administered assets and liabilities items--basic
appropriation .................................................................................6
10
Other departmental items--basic appropriation...............................7
11
Reduction of appropriations on request ...........................................7
Part 3--Additions to basic appropriations
9
12
Net appropriations..........................................................................9
13
Departmental items and other departmental items--
adjustments and borrowings ...........................................................9
14
Advance to the responsible Presiding Officer ................................10
15
Comcover receipts .......................................................................12
Part 4--Miscellaneous
13
16
Crediting amounts to Special Accounts.........................................13
17
Appropriation of the Consolidated Revenue Fund .........................13
Schedule 1--Services for which money is
appropriated
14
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 1
A Bill for an Act to appropriate money out of the
1
Consolidated Revenue Fund for expenditure in
2
relation to the Parliamentary Departments, and for
3
related purposes
4
The Parliament of Australia enacts:
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the Appropriation (Parliamentary
9
Departments) Act (No. 1) 2005-2006.
10
Part 1 Preliminary
Section 2
2 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
2 Commencement
1
This Act commences on the day on which it receives the Royal
2
Assent.
3
3 Definitions
4
In this Act, unless the contrary intention appears:
5
administered assets and liabilities item means an amount set out in
6
Schedule 1 in relation to a Parliamentary Department opposite the
7
heading "Administered Assets and Liabilities".
8
administered item means an amount set out in Schedule 1 opposite
9
an outcome of a Parliamentary Department under the heading
10
"Administered Expenses".
11
Agency has the same meaning as in the Financial Management and
12
Accountability Act 1997.
13
Note:
Each Parliamentary Department is an Agency for the purposes of the
14
Financial Management and Accountability Act 1997.
15
Chief Executive has the same meaning as in the Financial
16
Management and Accountability Act 1997.
17
current year means the financial year ending on 30 June 2006.
18
departmental item means the total amount set out in Schedule 1 in
19
relation to a Parliamentary Department under the heading
20
"Departmental Outputs".
21
Note:
The amounts set out opposite outcomes, under the heading
22
"Departmental Outputs", are "notional". They are not part of the item,
23
and do not in any way restrict the scope of the expenditure authorised
24
by the item.
25
expenditure means payments for expenses, acquiring assets,
26
making loans or paying liabilities.
27
Finance Minister means the Minister administering this Act.
28
item means any of the following:
29
(a) a departmental item;
30
(b) an administered item;
31
Preliminary Part 1
Section 4
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 3
(c) an administered assets and liabilities item;
1
(d) an other departmental item.
2
other departmental item means an amount set out in Schedule 1 in
3
relation to a Parliamentary Department:
4
(a) opposite the heading "Equity Injections"; or
5
(b) opposite the heading "Loans"; or
6
(c) opposite the heading "Previous Years' Outputs".
7
Parliamentary Department means any of the following:
8
(a) the Department of the Senate;
9
(b) the Department of the House of Representatives;
10
(c) the Department of Parliamentary Services.
11
Portfolio Budget Statements means the Portfolio Budget
12
Statements that were tabled in the Senate or the House of
13
Representatives in relation to the Bill for this Act.
14
President means the President of the Senate.
15
responsible Presiding Officer means:
16
(a) in relation to the Department of the Senate--the President; or
17
(b) in relation to the Department of the House of
18
Representatives--the Speaker; or
19
(c) in relation to the Department of Parliamentary Services--the
20
President and the Speaker together.
21
section 31 agreement means an agreement under section 31 of the
22
Financial Management and Accountability Act 1997.
23
Speaker means the Speaker of the House of Representatives.
24
Special Account has the same meaning as in the Financial
25
Management and Accountability Act 1997.
26
4 Portfolio Budget Statements
27
(1) The Portfolio Budget Statements are hereby declared to be relevant
28
documents for the purposes of section 15AB of the Acts
29
Interpretation Act 1901.
30
Part 1 Preliminary
Section 5
4 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Note:
See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901.
1
(2) If the Portfolio Budget Statements indicate that activities of a
2
particular kind were intended to be treated as activities in respect
3
of a particular outcome, then expenditure for the purpose of
4
carrying out those activities is taken to be expenditure for the
5
purpose of contributing to achieving the outcome.
6
5 Notional payments, receipts etc.
7
For the purposes of this Act, notional transactions between
8
Agencies are to be treated as if they were real transactions.
9
Note:
This section applies, for example, to a "payment" between Agencies
10
that are both part of the Commonwealth. One of the effects of this
11
section is that the payment will be debited from an appropriation for
12
the paying Agency, even though no payment is actually made from the
13
Consolidated Revenue Fund.
14
Basic appropriations Part 2
Section 6
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 5
1
Part 2--Basic appropriations
2
3
6 Summary of basic appropriations
4
The total of the items specified in Schedule 1 is $167,413,000.
5
Note 1:
Items in Schedule 1 can be increased under Part 3 of this Act.
6
Note 2:
See also section 30A of the Financial Management and
7
Accountability Act 1997, which provides for adjustment of
8
appropriations to take account of GST.
9
7 Departmental items--basic appropriation
10
(1) For a departmental item for a Parliamentary Department, the
11
Finance Minister may issue out of the Consolidated Revenue Fund
12
amounts that do not exceed, in total, the amount specified in the
13
item.
14
Note:
Generally, the Finance Minister is permitted, but not obliged, to issue
15
the amounts out of the Consolidated Revenue Fund. However,
16
subsection (3) imposes an obligation on the Finance Minister to issue
17
the amounts in certain circumstances.
18
(2) An amount issued out of the Consolidated Revenue Fund for a
19
departmental item for a Parliamentary Department may only be
20
applied for the departmental expenditure of the Parliamentary
21
Department.
22
Note:
The acquisition of new departmental assets will usually be funded
23
from an other departmental item.
24
(3) If a departmental item for a Parliamentary Department includes
25
provision for payment of remuneration and allowances to the
26
holder of:
27
(a) a public office (within the meaning of the Remuneration
28
Tribunal Act 1973); or
29
(b) an office specified in a Schedule to the Remuneration and
30
Allowances Act 1990;
31
then the Finance Minister, under subsection (1), must issue out of
32
the Consolidated Revenue Fund, under that item, amounts that are
33
Part 2 Basic appropriations
Section 8
6 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
sufficient to pay the remuneration and allowances and must apply
1
the amounts for that purpose.
2
8 Administered items--basic appropriation
3
(1) For an administered item for an outcome of a Parliamentary
4
Department, the Finance Minister may issue out of the
5
Consolidated Revenue Fund amounts that do not exceed, in total,
6
the lesser of:
7
(a) the amount specified in the item; and
8
(b) the amount determined by the Finance Minister in relation to
9
the item, having regard to the expenses incurred by the
10
Parliamentary Department in the current year in relation to
11
the item.
12
(2) An amount issued out of the Consolidated Revenue Fund for an
13
administered item for an outcome of a Parliamentary Department
14
may only be applied for expenditure for the purpose of carrying out
15
activities for the purpose of contributing to achieving that outcome.
16
Note:
The acquisition of new administered assets will usually be funded
17
from an administered assets and liabilities item.
18
(3) A determination made under paragraph (1)(b) is not a legislative
19
instrument.
20
9 Administered assets and liabilities items--basic appropriation
21
(1) For an administered assets and liabilities item for a Parliamentary
22
Department, the Finance Minister may issue out of the
23
Consolidated Revenue Fund amounts that do not exceed, in total,
24
the amount specified in the item.
25
(2) An amount issued out of the Consolidated Revenue Fund for an
26
administered assets and liabilities item for a Parliamentary
27
Department may only be applied for expenditure for the purpose of
28
carrying out activities for the purpose of contributing to achieving
29
any outcome that is specified in Schedule 1 in relation to the
30
Parliamentary Department.
31
Basic appropriations Part 2
Section 10
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 7
10 Other departmental items--basic appropriation
1
(1) For an other departmental item for a Parliamentary Department, the
2
Finance Minister may issue out of the Consolidated Revenue Fund
3
amounts that do not exceed, in total, the amount specified in the
4
item.
5
(2) An amount issued out of the Consolidated Revenue Fund for an
6
other departmental item for a Parliamentary Department may only
7
be applied for the departmental expenditure of the Parliamentary
8
Department.
9
11 Reduction of appropriations on request
10
(1) The Finance Minister may, upon written request by the responsible
11
Presiding Officer, make a written determination under this section
12
reducing a departmental item, an administered assets and liabilities
13
item or an other departmental item for an agency by the amount
14
specified in the determination.
15
(2) Where a determination is made, the amount specified in the item is
16
taken to have been reduced by the amount specified in the
17
determination.
18
(3) However, a determination is of no effect if the determination has
19
not been requested under subsection (1).
20
(4) In addition, a determination reduces an amount specified in the
21
item only to the extent that the amount of the reduction is no
22
greater than the lesser of the following:
23
(a) the amount requested under subsection (1);
24
(b) the difference between the amount specified in the item and
25
the amount issued out of the Consolidated Revenue Fund by
26
the Finance Minister in respect of that item.
27
(5) For the purposes of paragraph (4)(b), an amount is not taken to
28
have been issued by the Finance Minister until the amount is paid
29
out of the Consolidated Revenue Fund.
30
(6) To avoid doubt, where a previous determination has been made in
31
relation to an item, the reference in paragraph (4)(b) to the amount
32
specified in the item is taken to be a reference to the amount
33
Part 2 Basic appropriations
Section 11
8 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
specified in the item as reduced by that previous determination and
1
any other previous determination.
2
(7) To avoid doubt, a determination under this section applies despite
3
any other provision of this Act.
4
(8) A determination made under subsection (1) is a legislative
5
instrument and, despite subsection 44(2) of the Legislative
6
Instruments Act 2003, section 42 of that Act applies to the
7
determination. However, Part 6 of that Act does not apply to the
8
determination.
9
(9) A written request made under subsection (1) is not a legislative
10
instrument.
11
Additions to basic appropriations Part 3
Section 12
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 9
1
Part 3--Additions to basic appropriations
2
3
12 Net appropriations
4
(1) If a section 31 agreement applies to a departmental item, then the
5
amount specified in the item is taken to be increased in accordance
6
with the agreement, and on the conditions set out in the agreement.
7
The increase cannot be more than the relevant receipts covered by
8
the agreement.
9
(2) For the purposes of section 31 of the Financial Management and
10
Accountability Act 1997, each departmental item is taken to be
11
marked "net appropriation".
12
13 Departmental items and other departmental items--adjustments
13
and borrowings
14
(1) The responsible Presiding Officer may, during the current year,
15
determine that the amount specified in a departmental item or in an
16
other departmental item is to be increased by an amount specified
17
in the determination.
18
(2) The total of the amounts determined under subsection (1) for the
19
Department of the Senate cannot be more than $200,000.
20
(3) The total of the amounts determined under subsection (1) for the
21
Department of the House of Representatives cannot be more than
22
$200,000.
23
(4) The total of the amounts determined under subsection (1) for the
24
Department of Parliamentary Services cannot be more than
25
$200,000.
26
(5) A determination made under subsection (1) is a legislative
27
instrument, but neither section 42 nor Part 6 of the Legislative
28
Instruments Act 2003 applies to the determination.
29
(6) After the commencement of this Act, a determination must not be
30
made under, or for the purposes of:
31
Part 3 Additions to basic appropriations
Section 14
10 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
(a) section 10 of the Appropriation (Parliamentary
1
Departments) Act 1999-2000; or
2
(b) section 12 of the Appropriation (Parliamentary
3
Departments) Act (No. 1) 2000-2001; or
4
(c) section 12 of the Appropriation (Parliamentary
5
Departments) Act (No. 2) 2000-2001; or
6
(d) section 12 of the Appropriation (Parliamentary
7
Departments) Act (No. 1) 2001-2002; or
8
(e) section 12 of the Appropriation (Parliamentary
9
Departments) Act (No. 2) 2001-2002; or
10
(f) section 12 of the Appropriation (Parliamentary
11
Departments) Act (No. 1) 2002-2003; or
12
(g) section 12 of the Appropriation (Parliamentary
13
Departments) Act (No. 1) 2003-2004; or
14
(h) section 14 of the Appropriation (Parliamentary
15
Departments) Act (No. 2) 2003-2004; or
16
(i) section 13 of the Appropriation (Parliamentary
17
Departments) Act (No. 1) 2004-2005; or
18
(j) section 13 of the Appropriation (Parliamentary
19
Departments) Act (No. 2) 2004-2005.
20
14 Advance to the responsible Presiding Officer
21
(1) This section applies if the responsible Presiding Officer is satisfied
22
that:
23
(a) there is an urgent need for expenditure in the current year;
24
and
25
(b) the expenditure is not provided for, or is insufficiently
26
provided for, in Schedule 1:
27
(i) because of an erroneous omission or understatement; or
28
(ii) because the expenditure was unforeseen until after the
29
last day on which it was practicable to provide for it in
30
the Bill for this Act before that Bill was introduced into
31
the House of Representatives.
32
(2) This Act has effect as if Schedule 1 were amended, in accordance
33
with a determination of the responsible Presiding Officer, to make
34
Additions to basic appropriations Part 3
Section 14
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 11
provision for so much (if any) of the expenditure as the responsible
1
Presiding Officer determines.
2
(3) The total of the amounts determined under subsection (2) for the
3
Department of the Senate cannot be more than $300,000.
4
(4) The total of the amounts determined under subsection (2) for the
5
Department of the House of Representatives cannot be more than
6
$300,000.
7
(5) The total of the amounts determined under subsection (2) for the
8
Department of Parliamentary Services cannot be more than $1
9
million.
10
(6) A determination made under subsection (2) is a legislative
11
instrument, but neither section 42 nor Part 6 of the Legislative
12
Instruments Act 2003 applies to the determination.
13
(7) After the commencement of this Act, a determination must not be
14
made under, or for the purposes of:
15
(a) section 11 of the Appropriation (Parliamentary
16
Departments) Act 1999-2000; or
17
(b) section 13 of the Appropriation (Parliamentary
18
Departments) Act (No. 1) 2000-2001; or
19
(c) section 13 of the Appropriation (Parliamentary
20
Departments) Act (No. 2) 2000-2001; or
21
(d) section 13 of the Appropriation (Parliamentary
22
Departments) Act (No. 1) 2001-2002; or
23
(e) section 13 of the Appropriation (Parliamentary
24
Departments) Act (No. 2) 2001-2002; or
25
(f) section 13 of the Appropriation (Parliamentary
26
Departments) Act (No. 1) 2002-2003; or
27
(g) section 13 of the Appropriation (Parliamentary
28
Departments) Act (No. 1) 2003-2004; or
29
(h) section 15 of the Appropriation (Parliamentary
30
Departments) Act (No. 2) 2003-2004; or
31
(i) section 14 of the Appropriation (Parliamentary
32
Departments) Act (No. 1) 2004-2005; or
33
(j) section 14 of the Appropriation (Parliamentary
34
Departments) Act (No. 2) 2004-2005.
35
Part 3 Additions to basic appropriations
Section 15
12 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
15 Comcover receipts
1
(1) This section applies whenever an amount (the Comcover payment)
2
is debited from The Comcover Account in respect of a payment to
3
a Parliamentary Department.
4
Note:
The Comcover Account is a Special Account for the purposes of the
5
Financial Management and Accountability Act 1997.
6
(2) Amounts totalling the full amount of the Comcover payment must
7
be added to an item or items for the Parliamentary Department.
8
(3) The items and respective amounts are to be determined by the
9
responsible Presiding Officer. In making a determination, the
10
responsible Presiding Officer must comply with any written
11
directions given by the Finance Minister.
12
(4) The responsible Presiding Officer may delegate his or her powers
13
under this section to the Chief Executive of the Parliamentary
14
Department.
15
(5) Neither a determination nor a written direction made under
16
subsection (3) is a legislative instrument.
17
Miscellaneous Part 4
Section 16
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 13
1
Part 4--Miscellaneous
2
3
16 Crediting amounts to Special Accounts
4
If any of the purposes of a Special Account is a purpose that is
5
covered by an item (whether or not the item expressly refers to the
6
Special Account), then amounts may be debited against the
7
appropriation for that item and credited to that Special Account.
8
17 Appropriation of the Consolidated Revenue Fund
9
The Consolidated Revenue Fund is appropriated as necessary for
10
the purposes of this Act.
11
Schedule 1 Services for which money is appropriated
14 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Schedule 1--Services for which money is
appropriated
Note:
See sections 6 and 17.
Abstract
Page
Reference
Departments
Total
$'000
17
Senate
20,386
18
House of Representatives
23,071
19
Department of Parliamentary Services
123,956
Total
167,413
Services for which money is appropriated Schedule 1
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 15
APPROPRIATIONS
Schedule 1 Services for which money is appropriated
16 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
SUMMARY
Appropriation (plain figures)--2005-2006
Actual Available Appropriation (italic figures)--2004-2005
Departmental Administered
Non-
Agency
Outputs
Expenses
operating
Total
$'000
$'000
$'000
$'000
Senate
19,618
768
-
20,386
19,602
1,454
-
21,056
House of Representatives
21,706
1,365
-
23,071
21,443
1,376
-
22,819
Department of Parliamentary Services
112,850
10,630
476
123,956
112,731
10,600
11,700
135,031
Total: Parliamentary Departments
154,174
12,763
476
167,413
153,776
13,430
11,700
178,906
Services for which money is appropriated Schedule 1
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 17
SENATE
Appropriation (plain figures)--2005-2006
Actual Available Appropriation (italic figures)--2004-2005
Departmental
Administered
Outputs
Expenses
Total
$'000
$'000
$'000
SENATE
Operating
Outcome 1 -
Effective provision of services to support
19,618
768
20,386
the functioning of the Senate as a House of the
Commonwealth Parliament
19,602
1,454
21,056
Total: Senate
19,618
768
20,386
19,602
1,454
21,056
Schedule 1 Services for which money is appropriated
18 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
HOUSE OF REPRESENTATIVES
Appropriation (plain figures)--2005-2006
Actual Available Appropriation (italic figures)--2004-2005
Departmental
Administered
Outputs
Expenses
Total
$'000
$'000
$'000
HOUSE OF REPRESENTATIVES
Operating
Outcome 1 -
The House of Representatives fulfils its
21,706
1,365
23,071
role as a representative and legislative body
21,443
1,376
22,819
Total: House of Representatives
21,706
1,365
23,071
21,443
1,376
22,819
Services for which money is appropriated Schedule 1
Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 19
DEPARTMENT OF PARLIAMENTARY SERVICES
Appropriation (plain figures)--2005-2006
Actual Available Appropriation (italic figures)--2004-2005
Departmental
Administered
Outputs
Expenses
Total
$'000
$'000
$'000
DEPARTMENT OF PARLIAMENTARY
SERVICES
Operating
Outcome 1 -
Occupants of Parliament House are
112,850
10,630
123,480
supported by integrated services and facilities,
Parliament functions effectively and its work
and building are accessible to the public
112,731
10,600
123,331
Total: Operating
112,850
10,630
123,480
112,731
10,600
123,331
Non-operating
Equity Injections
476
-
Administered Assets and Liabilities
-
11,700
Total: Non-operating
476
11,700
Total: Department of Parliamentary
112,850
10,630
123,956
Services
112,731
10,600
135,031

 

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