APPROPRIATION (IMPLEMENTATION OF THE REPORT OF THE EXPERT PANEL ON ASYLUM SEEKERS) BILL (NO. 1) 2012-2013

2010-2011-2012

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Appropriation (Implementation of the

Report of the Expert Panel on Asylum

Seekers) Bill (No. 1) 2012-2013

No. , 2012

(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 implementation of the Report of the

Expert Panel on Asylum Seekers, and for related

purposes

i Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 1) 2012-2013 No. , 2012

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 ............................................................... 4

7 Departmental

items

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

8 Administered

items

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

Part 3--Adjusting appropriation items

Reducing departmental items ............................................................. 5

10 Reducing

administered items ............................................................. 5

Part 4--Miscellaneous

Crediting amounts to Special Accounts ............................................. 7

Appropriation of the Consolidated Revenue Fund ............................. 7

Schedule 1--Services for which money is

appropriated

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1)

2012-2013 No. , 2012 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 implementation of the Report of the

Expert Panel on Asylum Seekers, and for related

purposes

The Parliament of Australia enacts:

Part 1 Preliminary

Section 1

2 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 1) 2012-2013 No. , 2012

Part 1--Preliminary

1 Short title

This Act may be cited as the Appropriation (Implementation of the

Report of the Expert Panel on Asylum Seekers) Act (No. 1)

2012-2013.

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".

Agency means:

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

and Accountability Act 1997; or

(b) the High Court of Australia.

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 2013.

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

relation to an Agency under the heading "Departmental".

Note:

The amounts set out opposite outcomes, under the heading

"Departmental", 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.

Preliminary Part 1

Section 4

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1)

2012-2013 No. , 2012 3

item means an administered 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) 2012-2013 and the Bill for the Appropriation Act (No. 2)

2012-2013.

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 (Implementation of

the Report of the Expert Panel on Asylum Seekers) Act (No. 2)

2012-2013.

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.

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 Appropriation items

Section 6

4 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 1) 2012-2013 No. , 2012

Part 2--Appropriation items

6 Summary of appropriations

The total of the items specified in Schedule 1 is $1,407,002,000.

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.

Adjusting appropriation items Part 3

Section 9

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1)

2012-2013 No. , 2012 5

Part 3--Adjusting appropriation items

9 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 Prime Minister or a Minister acting on behalf of the

Prime Minister; or

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

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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the

determination must not be rescinded, revoked, amended or varied.

(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.

10 Reducing administered items

(1)

If:

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

in the Parliament; and

Part 3 Adjusting appropriation items

Section 10

6 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 1) 2012-2013 No. , 2012

(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.

(2) The Finance Minister may, by writing:

(a) determine that subsection (1):

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

(ii) applies as if the amount specified in the annual report

were the amount specified in the determination; or

(b) if the report does not specify the required amount--

determine an amount that is taken to be the required amount

for the purposes of subsection (1).

(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.

Miscellaneous Part 4

Section 11

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1)

2012-2013 No. , 2012 7

Part 4--Miscellaneous

11 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.

12 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.

Schedule 1 Services for which money is appropriated

10 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers)

Bill (No. 1) 2012-2013 No. , 2012

SUMMARY

Summary of Appropriations (bold figures)--2012-2013

Budget Appropriation (italic figures)--2012-2013

Portfolio Departmental

Administered

Total

$'000

Agriculture, Fisheries and Forestry

331,868

142,374

474,242

Attorney-General's

3,239,719

437,279

3,676,998

Broadband, Communications and the Digital

Economy

227,990

1,592,935

1,820,925

Climate Change and Energy Efficiency

185,052

111,705

296,757

Defence

24,498,178

125,591

24,623,769

Education, Employment and Workplace Relations

860,510

3,759,816

4,620,326

Families, Housing, Community Services and

Indigenous Affairs

592,332

1,788,662

2,380,994

Finance and Deregulation

403,834

252,068

655,902

Foreign Affairs and Trade

1,655,365

4,722,659

6,378,024

Health and Ageing

728,026

8,171,477

8,899,503

Human Services

4,007,694

18,084

4,025,778

Immigration and Citizenship

146,147

1,260,855

1,407,002

1,423,085

1,186,346

2,609,431

Industry, Innovation, Science, Research and

Tertiary Education

584,020

3,420,183

4,004,203

Infrastructure and Transport

214,111

374,457

588,568

Prime Minister and Cabinet

290,837

22,636

313,473

Regional Australia, Local Government, Arts and

Sport

205,057

1,203,474

1,408,531

Resources, Energy and Tourism

199,572

448,977

648,549

Sustainability, Environment, Water, Population

and Communities

798,838

805,894

1,604,732

Treasury

4,428,805

13,037

4,441,842

Total:

146,147

1,260,855

1,407,002

44,874,893

28,597,654

73,472,547

Services for which money is appropriated Schedule 1

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1)

2012-2013 No. , 2012 11

IMMIGRATION AND CITIZENSHIP PORTFOLIO

SUMMARY

Summary of Appropriations (bold figures)--2012-2013

Budget Appropriation (italic figures)--2012-2013

Entity Departmental

Administered

Total

$'000

Department of Immigration and Citizenship

146,147

1,260,855

1,407,002

1,368,919

1,186,346

2,555,265

Migration Review Tribunal and Refugee Review

Tribunal

54,166

Total: Immigration and Citizenship

146,147

1,260,855

1,407,002

1,423,085

1,186,346

2,609,431

Schedule 1 Services for which money is appropriated

12 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers)

Bill (No. 1) 2012-2013 No. , 2012

IMMIGRATION AND CITIZENSHIP PORTFOLIO

Additional Appropriation (bold figures)--2012-2013

Budget Appropriation (italic figures)--2012-2013

Actual Available Appropriation (light figures)--2011-2012

Departmental

Administered

Total

$'000

DEPARTMENT OF IMMIGRATION AND

CITIZENSHIP

Outcome 1 -

Managed migration through visas granted for

permanent settlement, work, study, tourism,

working holidays or other specialised activities

in Australia, regulation, research and migration

policy advice and program design

1,507

554,359

554,409

627,103

Outcome 2 -

Protection, resettlement and temporary safe

haven for refugees and people in humanitarian

need through partnering with international

agencies; assessing humanitarian visa

applications; and refugee and humanitarian

policy advice and program design

17,293

2,018

19,311

66,860

39,110

105,970

63,820

37,169

100,989

Outcome 4 -

Lawful stay of visa holders and access to

citizenship rights for eligible people through

promotion of visa compliance responsibilities,

status resolution, citizenship acquisition

integrity, case management, removal and

detention, and policy advice and program

design

121,034

1,185,344

1,306,378

493,352

809,990

1,303,342

547,096

1,055,773

1,602,869

Outcome 5 -

Equitable economic and social participation of

migrants and refugees, supported through

settlement services, including English language

training; refugee settlement; case coordination;

translation services; and settlement policy

advice and program design

6,313

73,493

79,806

54,232

334,439

388,671

58,033

329,642

387,675

Total: Department of Immigration and

Citizenship

146,147

1,260,855

1,407,002

Commonwealth of Australia Bills

APPROPRIATION (IMPLEMENTATION OF THE REPORT OF THE EXPERT PANEL ON ASYLUM SEEKERS) BILL (NO. 1) 2012-2013