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


APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO.1) 2007-2008

2004-2005-2006-2007

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES


Presented and read a first time



Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008

No. , 2007

(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




Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007
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 Advance to the responsible Presiding Officer 9

 

14 Comcover receipts 10
Part 4--Miscellaneous 11

 

15 Crediting amounts to Special Accounts 11

 

16 Appropriation of the Consolidated Revenue Fund 11
Schedule 1--Services for which money is appropriated 12


Part 3 Additions to basic appropriations


Section 14

Miscellaneous Part 4


Section 15

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007
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
The Parliament of Australia enacts:

Part 1--Preliminary

 

1 Short title

This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 2007-2008.

 

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 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 2008.

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 Budget Statements means the Portfolio Budget Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act.

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.

 

4 Portfolio Budget Statements

    (1) The Portfolio Budget 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 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.


Part 2--Basic appropriations

 

6 Summary of basic appropriations

The total of the items specified in Schedule 1 is $170,730,000.

Note 1: Items in Schedule 1 can be increased under Part 3 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.

 

7 Departmental items--basic appropriation

    (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.

 

8 Administered items--basic appropriation

    (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.

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

 

9 Administered assets and liabilities items--basic appropriation

    (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.

 

10 Other departmental items--basic appropriation

    (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.

 

11 Reduction of appropriations on request

    (1) The Finance Minister may, upon written request by the responsible Presiding Officer, make a written determination reducing a departmental item, an administered assets and liabilities item or an other departmental item for a Parliamentary Department 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 made under subsection (1) applies despite any other provision of this Act.

    (8) A determination made under subsection (1) 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.

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


Part 3--Additions to basic appropriations

 

12 Net appropriations

    (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".

 

13 Advance to the responsible Presiding Officer

    (1) This section applies if the responsible Presiding Officer is satisfied that:

        (a)   there is an urgent need for expenditure, in the current year, 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 under subsection (2) for the Department of the Senate cannot be more than $300,000.

    (4) The total of the amounts determined under subsection (2) for the Department of the House of Representatives cannot be more than $300,000.

    (5) The total of the amounts determined under subsection (2) for the Department of Parliamentary Services cannot be more than $1 million.

    (6) 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.

 

14 Comcover receipts

    (1) This section applies whenever an amount (the Comcover payment) is debited from The Comcover Account in respect of a payment to a Parliamentary Department.

Note: The Comcover Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.

    (2) Amounts totalling the full amount of the Comcover payment must be added to an item or items for the Parliamentary Department.

    (3) The items and respective amounts are to be determined by the responsible Presiding Officer. In making a determination, the responsible Presiding Officer must comply with any written directions given by the Finance Minister.

    (4) The responsible Presiding Officer may delegate his or her powers under this section to the Chief Executive of the Parliamentary Department.

    (5) Neither a determination nor a written direction made under subsection (3) is a legislative instrument.


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 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


Services for which money is appropriated Schedule 1



Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007
Schedule 1--Services for which money is appropriated
Note: See sections 6 and 16.




Abstract

Page
Reference

Departments

Total

$'000


 

15
Department of the Senate

 

20,220

 

16
Department of the House of Representatives

 

23,025

 

17
Department of Parliamentary Services

 

127,485




Total

 

170,730



APPROPRIATIONS

Summary
Appropriation (plain figures)--2007-2008
Actual Available Appropriation (italic figures)--2006-2007


Departments
Departmental
Outputs
Administered
Expenses
Non-
operating

Total


$'000
$'000
$'000
$'000

Department of the Senate

 

20,220
-
-

 

20,220

 

20,064
-
-

 

20,064

Department of the House of Representatives

 

22,313

 

712
-

 

23,025

 

22,113

 

685
-

 

22,798

Department of Parliamentary Services

 

116,317
-

 

11,168

 

127,485

 

114,860
-

 

13,885

 

128,745

Total: Parliamentary Departments

 

158,850

 

712

 

11,168

 

170,730

 

157,037

 

685

 

13,885

 

171,607



Department of the SenateDEPARTMENT OF THE SENATE
Appropriation (plain figures)--2007-2008
Actual Available Appropriation (italic figures)--2006-2007

Departmental
Outputs
Administered
Expenses

Total


$'000
$'000
$'000

DEPARTMENT OF THE SENATE

Operating



Outcome 1 -
Effective provision of services to support the functioning of the Senate as a House of the Commonwealth Parliament


 

20,220
-

 

20,220

 

20,064
-

 

20,064




Total: Department of the Senate

 

20,220
-

 

20,220

 

20,064
-

 

20,064

Department of the House of RepresentativesDEPARTMENT OF THE HOUSE OF REPRESENTATIVES
Appropriation (plain figures)--2007-2008
Actual Available Appropriation (italic figures)--2006-2007

Departmental
Outputs
Administered
Expenses

Total


$'000
$'000
$'000

DEPARTMENT OF THE HOUSE OF REPRESENTATIVES

Operating



Outcome 1 -
The House of Representatives fulfils its role as a representative and legislative body


 

22,313

 

712

 

23,025

 

22,113

 

685

 

22,798




Total: Department of the House of Representatives

 

22,313

 

712

 

23,025

 

22,113

 

685

 

22,798

Department of Parliamentary ServicesDEPARTMENT OF PARLIAMENTARY SERVICES
Appropriation (plain figures)--2007-2008
Actual Available Appropriation (italic figures)--2006-2007

Departmental
Outputs
Administered
Expenses

Total


$'000
$'000
$'000

DEPARTMENT OF PARLIAMENTARY SERVICES

Operating



Outcome 1 -
Occupants of Parliament House are supported by integrated services and facilities, Parliament functions effectively and its work and building are accessible to the public


 

116,317
-

 

116,317

 

114,860
-

 

114,860




Total: Operating

 

116,317
-

 

116,317

 

114,860
-

 

114,860

Non-operating


Administered Assets and Liabilities

 

11,168

 

13,885

Total: Non-operating

 

11,168

 

13,885

Total: Department of Parliamentary Services

 

116,317
-

 

127,485

 

114,860
-

 

128,745




Schedule 1 Services for which money is appropriated



Section 16
Services for which money is appropriated Schedule 1



Section 16

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007

Appropriation (Parliamentary Departments) Bill (No. 1) 2007-2008 No. , 2007

 


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