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APPROPRIATION ACT (No. 5) 2003-2004 No. 85, 2004 - SECT 7

Departmental items—basic appropriation
(1)
For a departmental item for an entity, 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, subsections (3) and (4) impose 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 an entity may only be applied for the departmental expenditure of the entity.

Note: The acquisition of new departmental assets will usually be funded from an other departmental item (in another Appropriation Act).

(3)
If:

(a) an Act provides that an entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and
(b) Schedule 1 contains a departmental item for that entity;

then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund the full amount specified in the item.

(4)
If a departmental item for an Agency 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.



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