APPROPRIATION (WATER ENTITLEMENTS) BILL 2009-2010

2008-2009

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Appropriation (Water Entitlements) Bill

2009-2010

No. , 2009

(Finance and Deregulation)

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for certain

expenditure in relation to water entitlements, and

for related purposes

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

Contents

Part 1--Preliminary

1 Short

title

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

2 Commencement

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

3 Definitions

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

4 Portfolio

Statements

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

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

Part 2--Appropriation items

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

7 Administered

items

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

Administered assets and liabilities items ........................................... 5

Other departmental items ................................................................... 6

CAC Act body payment items ........................................................... 6

Part 3--Adjusting appropriation items

11 Reducing

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

Reducing administered assets and liabilities items and other

departmental 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) Bill 2009-2010 No. , 2009 1

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for certain

expenditure in relation to water entitlements, 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)

Act 2009-2010.

Part 1 Preliminary

Section 2

2 Appropriation (Water Entitlements) 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 assets and liabilities item means an amount set out in

Schedule 1 in relation to an Agency opposite the heading

"Administered Assets and Liabilities".

administered item means an amount set out in Schedule 1 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 1 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 2010.

expenditure means payments for expenses, acquiring assets,

making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

Preliminary Part 1

Section 4

Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 3

item means any of the following:

(a) an administered item;

(b) an administered assets and liabilities item;

(d) a CAC Act body payment item.

other departmental item means an amount set out in Schedule 1 in

relation to an Agency:

(a) opposite the heading "Equity Injections"; or

(b) opposite the heading "Loans"; or

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

and Home Insulation) 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.

Part 1 Preliminary

Section 5

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

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 (Water Entitlements) Bill 2009-2010 No. , 2009 5

Part 2--Appropriation items

6 Summary of appropriations

The total of the items specified in Schedule 1 is $650,000,000.

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 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.

8 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 1 to this Act; or

(b) in Schedule 1 to the Appropriation (Water Entitlements and

Home Insulation) Act 2009-2010; or

(d) in Schedule 1 to the Appropriation Act (No. 1) 2009-2010.

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 (Water Entitlements) Bill 2009-2010 No. , 2009

(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 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.

10 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 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 11

Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 7

Part 3--Adjusting appropriation items

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 an Agency in

respect of 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.

12 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

(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.

Part 3 Adjusting appropriation items

Section 13

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

(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.

13 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 10(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.

Adjusting appropriation items Part 3

Section 13

Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 9

(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.

Part 4 Miscellaneous

Section 14

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

Part 4--Miscellaneous

14 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.

15 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) Bill 2009-2010 No. , 2009 13

SUMMARY

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

Budget Appropriation (italic figures)--2009-2010

Portfolio

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Non-

operating

Total

$'000

Agriculture, Fisheries and Forestry

1,533

Attorney-General's

117,001

Broadband, Communications and the

Digital Economy

1,244

29,519

30,763

Defence

4,383,971

Education, Employment and

Workplace Relations

3,734,221

49,072

3,783,293

Environment, Water, Heritage and the

Arts

650,000

19,470

627,475

646,945

Families, Housing, Community

Services and Indigenous Affairs

169,002

Finance and Deregulation

120,902

Foreign Affairs and Trade

208,157

Health and Ageing

2,300

53,858

56,158

Human Services

56,918

Immigration and Citizenship

31,820

Infrastructure, Transport, Regional

Development and Local Government

780,386

3,797

784,183

Innovation, Industry, Science and

Research

76,894

Prime Minister and Cabinet

86,390

Resources, Energy and Tourism

2,330

Treasury

72,368

Total: -

650,000

4,537,621

6,091,007

10,628,628

Schedule 1 Services for which money is appropriated

14 Appropriation (Water Entitlements) 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

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Non-

operating

Total

$'000

Department of the Environment,

Water, Heritage and the Arts

650,000

19,470

533,470

552,940

Payments to CAC Act bodies:

Australian National Maritime

Museum

1,608

National Film and Sound Archive

612

National Gallery of Australia

32,956

National Library of Australia

9,743

National Museum of Australia

1,863

Sydney Harbour Federation Trust

16,500

Bureau of Meteorology

17,181

Great Barrier Reef Marine Park

Authority

Murray-Darling Basin Authority

13,522

Total: Environment, Water, Heritage

and the Arts

650,000

19,470

627,475

646,945

Services for which money is appropriated Schedule 1

Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 15

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

Payments to

States, ACT,

NT and local

government

New

Administered

Expenses

Total

$'000

DEPARTMENT OF THE ENVIRONMENT,

WATER, HERITAGE AND THE ARTS

Non-operating

Administered Assets and Liabilities

650,000

527,970

402,433

Total: Non-operating

650,000

Total: Department of the Environment, Water,

Heritage and the Arts

650,000

Commonwealth of Australia Bills

APPROPRIATION (WATER ENTITLEMENTS) BILL 2009-2010