APPROPRIATION (WATER ENTITLEMENTS AND HOME INSULATION) BILL 2009-2010

2008-2009

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Appropriation (Water Entitlements and

Home Insulation) Bill 2009-2010

No. , 2009

(Finance and Deregulation)

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for the

ordinary annual services of the Government in

relation to water entitlements and home insulation,

and for related purposes

i Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Definitions

.........................................................................................

4 Portfolio

Statements

...........................................................................

Notional payments, receipts etc. ........................................................ 3

Part 2--Appropriation items

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

7 Departmental

items

............................................................................

8 Administered

items

............................................................................

CAC Act body payment items ........................................................... 5

Part 3--Adjusting appropriation items

10 Reducing

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

11 Reducing

administered items ............................................................. 7

Reducing CAC Act body payment items ........................................... 8

Part 4--Miscellaneous

Crediting amounts to Special Accounts ........................................... 10

Appropriation of the Consolidated Revenue Fund ........................... 10

Schedule 1--Services for which money is

appropriated

Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 1

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for the

ordinary annual services of the Government in

relation to water entitlements and home insulation,

and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Appropriation (Water Entitlements

and Home Insulation) Act 2009-2010.

Part 1 Preliminary

Section 2

2 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. ,

2009

2 Commencement

This Act commences on the day this Act receives the Royal

Assent.

3 Definitions

In this Act:

administered item means an amount set out in Schedule 1 opposite

an outcome for an Agency under the heading "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 total amount set out in

Schedule 1 in relation to a CAC Act body under the heading

"Administered Expenses".

Note:

The amounts set out opposite outcomes for CAC Act bodies, under the

heading "Administered Expenses", 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.

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 2010.

departmental item means the total amount set out in Schedule 1 in

relation to an Agency 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,

Preliminary Part 1

Section 4

Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009

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 an administered item, a CAC Act body payment item

or a departmental item.

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) 2009-2010 and the Bill for the Appropriation Act (No. 2)

2009-2010.

Portfolio Statements means:

(a) the Portfolio Budget Statements; and

(b) the Portfolio Supplementary Estimates Statements.

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 this Act and the Bill for the Appropriation (Water Entitlements)

Act 2009-2010.

Special Account has the same meaning as in the Financial

Management and Accountability Act 1997.

4 Portfolio Statements

The Portfolio 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.

Part 1 Preliminary

Section 5

4 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. ,

2009

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 (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009

Part 2--Appropriation items

6 Summary of appropriations

The total of the items specified in Schedule 1 is $700,714,000.

Note 1:

Items in Schedule 1 can be adjusted under Part 3 of this Act.

Note 2:

Sections 30 to 32 of the Financial Management and Accountability

Act 1997 also provide for adjustments of amounts appropriated by this

Act.

7 Departmental items

The amount specified in a 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.

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.

(2) If the Portfolio 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 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.

Part 2 Appropriation items

Section 9

6 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. ,

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:

(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 1 contains a CAC Act body payment item for that

body;

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

Adjusting appropriation items Part 3

Section 10

Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009

Part 3--Adjusting appropriation items

10 Reducing departmental items

(1) A written request to reduce a departmental item for an Agency may

be made to the Finance Minister by:

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

(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.

11 Reducing 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 the Agency in

respect of an administered item for the Agency; and

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

Part 3 Adjusting appropriation items

Section 12

8 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. ,

2009

(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.

12 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.

(5) Subsection 9(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

Part 4 Miscellaneous

Section 13

10 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. ,

2009

Part 4--Miscellaneous

13 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.

14 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.

Services for which money is appropriated Schedule 1

Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009

SUMMARY

Summary of Appropriations (bold figures)--2009-2010

Budget Appropriation (italic figures)--2009-2010

Portfolio

Departmental

Outputs

Administered

Expenses

Total

$'000

Agriculture, Fisheries and Forestry

327,702

238,154

565,856

Attorney-General's

3,464,154

670,656

4,134,810

Broadband, Communications and the Digital

Economy

260,548

1,311,139

1,571,687

Defence

22,856,981

115,213

22,972,194

Education, Employment and Workplace Relations

1,122,750

6,479,007

7,601,757

Environment, Water, Heritage and the Arts

4,934

695,780

700,714

818,859

4,065,935

4,884,794

Families, Housing, Community Services and

Indigenous Affairs

575,752

1,960,034

2,535,786

Finance and Deregulation

321,565

215,832

537,397

Foreign Affairs and Trade

1,474,040

3,492,145

4,966,185

Health and Ageing

672,574

5,757,075

6,429,649

Human Services

4,069,458

11,826

4,081,284

Immigration and Citizenship

1,238,514

511,635

1,750,149

Infrastructure, Transport, Regional Development

and Local Government

232,546

733,808

966,354

Innovation, Industry, Science and Research

328,404

1,867,889

2,196,293

Prime Minister and Cabinet

480,293

259,270

739,563

Resources, Energy and Tourism

203,298

1,049,351

1,252,649

Treasury

4,086,855

9,811

4,096,666

Total: 4,934

695,780

700,714

42,534,293

28,748,780

71,283,073

Schedule 1 Services for which money is appropriated

14 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. ,

2009

ENVIRONMENT, WATER, HERITAGE AND THE ARTS PORTFOLIO

SUMMARY

Summary of Appropriations (bold figures)--2009-2010

Budget Appropriation (italic figures)--2009-2010

Entity

Departmental

Outputs

Administered

Expenses

Total

$'000

Department of the Environment, Water, Heritage

and the Arts

4,934

695,780

700,714

485,915

3,659,142

4,145,057

Payments to CAC Act bodies:

Australia Council

172,051

Australian Film, Television and Radio School

23,656

Australian National Maritime Museum

21,647

National Film and Sound Archive

24,616

National Gallery of Australia

31,492

National Library of Australia

50,044

National Museum of Australia

40,087

Screen Australia

21,901

Sydney Harbour Federation Trust

Bureau of Meteorology

251,126

20,000

271,126

Great Barrier Reef Marine Park Authority

20,366

900

21,266

Murray-Darling Basin Authority

50,349

National Water Commission

11,103

374

11,477

Total: Environment, Water, Heritage and the

Arts

4,934

695,780

700,714

818,859

4,065,935

4,884,794

Services for which money is appropriated Schedule 1

Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009

ENVIRONMENT, WATER, HERITAGE AND THE ARTS PORTFOLIO

Supplementary Appropriation (bold figures)--2009-2010

Budget Appropriation (italic figures)--2009-2010

Actual Available Appropriation (light figures)--2008-2009

Departmental

Outputs

Administered

Expenses

Total

$'000

DEPARTMENT OF THE ENVIRONMENT,

WATER, HERITAGE AND THE ARTS

Outcome 2 -

Improved capacity of Australian communities

and industry to protect the environment by

promoting energy efficiency, reducing carbon

emissions, and regulating hazardous

substances, wastes, pollutants, ozone depleting

substances and synthetic greenhouse gases

695,780

58,064

2,143,169

2,201,233

Outcome 4 -

Adaptation to climate change, wise water use,

secure water supplies and improved health of

rivers, waterways and freshwater ecosystems

by supporting research, and reforming the

management and use of water resources

4,934

47,937

976,286

1,024,223

49,837

390,084

439,921

Total: Department of the Environment, Water,

Heritage and the Arts

4,934

695,780

700,714

Commonwealth of Australia Bills

APPROPRIATION (WATER ENTITLEMENTS AND HOME INSULATION) BILL 2009-2010