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2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 (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 purposesContents 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 Departmental items and other departmental items-- adjustments and borrowings ...........................................................9 14 Advance to the responsible Presiding Officer ................................10 15 Comcover receipts .......................................................................12 Part 4--Miscellaneous 13 16 Crediting amounts to Special Accounts.........................................13 17 Appropriation of the Consolidated Revenue Fund .........................13 Schedule 1--Services for which money is appropriated 14 i Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
1 A Bill for an Act to appropriate money out of the 2 Consolidated Revenue Fund for expenditure in 3 relation to the Parliamentary Departments, and for 4 related purposes 5 The Parliament of Australia enacts: 6 Part 1--Preliminary 7 8 1 Short title 9 This Act may be cited as the Appropriation (Parliamentary 10 Departments) Act (No. 1) 2005-2006. Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 1
Part 1 Preliminary Section 2 1 2 Commencement 2 This Act commences on the day on which it receives the Royal 3 Assent. 4 3 Definitions 5 In this Act, unless the contrary intention appears: 6 administered assets and liabilities item means an amount set out in 7 Schedule 1 in relation to a Parliamentary Department opposite the 8 heading "Administered Assets and Liabilities". 9 administered item means an amount set out in Schedule 1 opposite 10 an outcome of a Parliamentary Department under the heading 11 "Administered Expenses". 12 Agency has the same meaning as in the Financial Management and 13 Accountability Act 1997. 14 Note: Each Parliamentary Department is an Agency for the purposes of the 15 Financial Management and Accountability Act 1997. 16 Chief Executive has the same meaning as in the Financial 17 Management and Accountability Act 1997. 18 current year means the financial year ending on 30 June 2006. 19 departmental item means the total amount set out in Schedule 1 in 20 relation to a Parliamentary Department under the heading 21 "Departmental Outputs". 22 Note: The amounts set out opposite outcomes, under the heading 23 "Departmental Outputs", are "notional". They are not part of the item, 24 and do not in any way restrict the scope of the expenditure authorised 25 by the item. 26 expenditure means payments for expenses, acquiring assets, 27 making loans or paying liabilities. 28 Finance Minister means the Minister administering this Act. 29 item means any of the following: 30 (a) a departmental item; 31 (b) an administered item; 2 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Preliminary Part 1 Section 4 1 (c) an administered assets and liabilities item; 2 (d) an other departmental item. 3 other departmental item means an amount set out in Schedule 1 in 4 relation to a Parliamentary Department: 5 (a) opposite the heading "Equity Injections"; or 6 (b) opposite the heading "Loans"; or 7 (c) opposite the heading "Previous Years' Outputs". 8 Parliamentary Department means any of the following: 9 (a) the Department of the Senate; 10 (b) the Department of the House of Representatives; 11 (c) the Department of Parliamentary Services. 12 Portfolio Budget Statements means the Portfolio Budget 13 Statements that were tabled in the Senate or the House of 14 Representatives in relation to the Bill for this Act. 15 President means the President of the Senate. 16 responsible Presiding Officer means: 17 (a) in relation to the Department of the Senate--the President; or 18 (b) in relation to the Department of the House of 19 Representatives--the Speaker; or 20 (c) in relation to the Department of Parliamentary Services--the 21 President and the Speaker together. 22 section 31 agreement means an agreement under section 31 of the 23 Financial Management and Accountability Act 1997. 24 Speaker means the Speaker of the House of Representatives. 25 Special Account has the same meaning as in the Financial 26 Management and Accountability Act 1997. 27 4 Portfolio Budget Statements 28 (1) The Portfolio Budget Statements are hereby declared to be relevant 29 documents for the purposes of section 15AB of the Acts 30 Interpretation Act 1901. Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 3
Part 1 Preliminary Section 5 1 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. 2 (2) If the Portfolio Budget Statements indicate that activities of a 3 particular kind were intended to be treated as activities in respect 4 of a particular outcome, then expenditure for the purpose of 5 carrying out those activities is taken to be expenditure for the 6 purpose of contributing to achieving the outcome. 7 5 Notional payments, receipts etc. 8 For the purposes of this Act, notional transactions between 9 Agencies are to be treated as if they were real transactions. 10 Note: This section applies, for example, to a "payment" between Agencies 11 that are both part of the Commonwealth. One of the effects of this 12 section is that the payment will be debited from an appropriation for 13 the paying Agency, even though no payment is actually made from the 14 Consolidated Revenue Fund. 4 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Basic appropriations Part 2 Section 6 1 2 Part 2--Basic appropriations 3 4 6 Summary of basic appropriations 5 The total of the items specified in Schedule 1 is $167,413,000. 6 Note 1: Items in Schedule 1 can be increased under Part 3 of this Act. 7 Note 2: See also section 30A of the Financial Management and 8 Accountability Act 1997, which provides for adjustment of 9 appropriations to take account of GST. 10 7 Departmental items--basic appropriation 11 (1) For a departmental item for a Parliamentary Department, the 12 Finance Minister may issue out of the Consolidated Revenue Fund 13 amounts that do not exceed, in total, the amount specified in the 14 item. 15 Note: Generally, the Finance Minister is permitted, but not obliged, to issue 16 the amounts out of the Consolidated Revenue Fund. However, 17 subsection (3) imposes an obligation on the Finance Minister to issue 18 the amounts in certain circumstances. 19 (2) An amount issued out of the Consolidated Revenue Fund for a 20 departmental item for a Parliamentary Department may only be 21 applied for the departmental expenditure of the Parliamentary 22 Department. 23 Note: The acquisition of new departmental assets will usually be funded 24 from an other departmental item. 25 (3) If a departmental item for a Parliamentary Department includes 26 provision for payment of remuneration and allowances to the 27 holder of: 28 (a) a public office (within the meaning of the Remuneration 29 Tribunal Act 1973); or 30 (b) an office specified in a Schedule to the Remuneration and 31 Allowances Act 1990; 32 then the Finance Minister, under subsection (1), must issue out of 33 the Consolidated Revenue Fund, under that item, amounts that are Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 5
Part 2 Basic appropriations Section 8 1 sufficient to pay the remuneration and allowances and must apply 2 the amounts for that purpose. 3 8 Administered items--basic appropriation 4 (1) For an administered item for an outcome of a Parliamentary 5 Department, the Finance Minister may issue out of the 6 Consolidated Revenue Fund amounts that do not exceed, in total, 7 the lesser of: 8 (a) the amount specified in the item; and 9 (b) the amount determined by the Finance Minister in relation to 10 the item, having regard to the expenses incurred by the 11 Parliamentary Department in the current year in relation to 12 the item. 13 (2) An amount issued out of the Consolidated Revenue Fund for an 14 administered item for an outcome of a Parliamentary Department 15 may only be applied for expenditure for the purpose of carrying out 16 activities for the purpose of contributing to achieving that outcome. 17 Note: The acquisition of new administered assets will usually be funded 18 from an administered assets and liabilities item. 19 (3) A determination made under paragraph (1)(b) is not a legislative 20 instrument. 21 9 Administered assets and liabilities items--basic appropriation 22 (1) For an administered assets and liabilities item for a Parliamentary 23 Department, the Finance Minister may issue out of the 24 Consolidated Revenue Fund amounts that do not exceed, in total, 25 the amount specified in the item. 26 (2) An amount issued out of the Consolidated Revenue Fund for an 27 administered assets and liabilities item for a Parliamentary 28 Department may only be applied for expenditure for the purpose of 29 carrying out activities for the purpose of contributing to achieving 30 any outcome that is specified in Schedule 1 in relation to the 31 Parliamentary Department. 6 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Basic appropriations Part 2 Section 10 1 10 Other departmental items--basic appropriation 2 (1) For an other departmental item for a Parliamentary Department, the 3 Finance Minister may issue out of the Consolidated Revenue Fund 4 amounts that do not exceed, in total, the amount specified in the 5 item. 6 (2) An amount issued out of the Consolidated Revenue Fund for an 7 other departmental item for a Parliamentary Department may only 8 be applied for the departmental expenditure of the Parliamentary 9 Department. 10 11 Reduction of appropriations on request 11 (1) The Finance Minister may, upon written request by the responsible 12 Presiding Officer, make a written determination under this section 13 reducing a departmental item, an administered assets and liabilities 14 item or an other departmental item for an agency by the amount 15 specified in the determination. 16 (2) Where a determination is made, the amount specified in the item is 17 taken to have been reduced by the amount specified in the 18 determination. 19 (3) However, a determination is of no effect if the determination has 20 not been requested under subsection (1). 21 (4) In addition, a determination reduces an amount specified in the 22 item only to the extent that the amount of the reduction is no 23 greater than the lesser of the following: 24 (a) the amount requested under subsection (1); 25 (b) the difference between the amount specified in the item and 26 the amount issued out of the Consolidated Revenue Fund by 27 the Finance Minister in respect of that item. 28 (5) For the purposes of paragraph (4)(b), an amount is not taken to 29 have been issued by the Finance Minister until the amount is paid 30 out of the Consolidated Revenue Fund. 31 (6) To avoid doubt, where a previous determination has been made in 32 relation to an item, the reference in paragraph (4)(b) to the amount 33 specified in the item is taken to be a reference to the amount Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 7
Part 2 Basic appropriations Section 11 1 specified in the item as reduced by that previous determination and 2 any other previous determination. 3 (7) To avoid doubt, a determination under this section applies despite 4 any other provision of this Act. 5 (8) A determination made under subsection (1) is a legislative 6 instrument and, despite subsection 44(2) of the Legislative 7 Instruments Act 2003, section 42 of that Act applies to the 8 determination. However, Part 6 of that Act does not apply to the 9 determination. 10 (9) A written request made under subsection (1) is not a legislative 11 instrument. 8 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Additions to basic appropriations Part 3 Section 12 1 2 Part 3--Additions to basic appropriations 3 4 12 Net appropriations 5 (1) If a section 31 agreement applies to a departmental item, then the 6 amount specified in the item is taken to be increased in accordance 7 with the agreement, and on the conditions set out in the agreement. 8 The increase cannot be more than the relevant receipts covered by 9 the agreement. 10 (2) For the purposes of section 31 of the Financial Management and 11 Accountability Act 1997, each departmental item is taken to be 12 marked "net appropriation". 13 13 Departmental items and other departmental items--adjustments 14 and borrowings 15 (1) The responsible Presiding Officer may, during the current year, 16 determine that the amount specified in a departmental item or in an 17 other departmental item is to be increased by an amount specified 18 in the determination. 19 (2) The total of the amounts determined under subsection (1) for the 20 Department of the Senate cannot be more than $200,000. 21 (3) The total of the amounts determined under subsection (1) for the 22 Department of the House of Representatives cannot be more than 23 $200,000. 24 (4) The total of the amounts determined under subsection (1) for the 25 Department of Parliamentary Services cannot be more than 26 $200,000. 27 (5) A determination made under subsection (1) is a legislative 28 instrument, but neither section 42 nor Part 6 of the Legislative 29 Instruments Act 2003 applies to the determination. 30 (6) After the commencement of this Act, a determination must not be 31 made under, or for the purposes of: Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 9
Part 3 Additions to basic appropriations Section 14 1 (a) section 10 of the Appropriation (Parliamentary 2 Departments) Act 1999-2000; or 3 (b) section 12 of the Appropriation (Parliamentary 4 Departments) Act (No. 1) 2000-2001; or 5 (c) section 12 of the Appropriation (Parliamentary 6 Departments) Act (No. 2) 2000-2001; or 7 (d) section 12 of the Appropriation (Parliamentary 8 Departments) Act (No. 1) 2001-2002; or 9 (e) section 12 of the Appropriation (Parliamentary 10 Departments) Act (No. 2) 2001-2002; or 11 (f) section 12 of the Appropriation (Parliamentary 12 Departments) Act (No. 1) 2002-2003; or 13 (g) section 12 of the Appropriation (Parliamentary 14 Departments) Act (No. 1) 2003-2004; or 15 (h) section 14 of the Appropriation (Parliamentary 16 Departments) Act (No. 2) 2003-2004; or 17 (i) section 13 of the Appropriation (Parliamentary 18 Departments) Act (No. 1) 2004-2005; or 19 (j) section 13 of the Appropriation (Parliamentary 20 Departments) Act (No. 2) 2004-2005. 21 14 Advance to the responsible Presiding Officer 22 (1) This section applies if the responsible Presiding Officer is satisfied 23 that: 24 (a) there is an urgent need for expenditure in the current year; 25 and 26 (b) the expenditure is not provided for, or is insufficiently 27 provided for, in Schedule 1: 28 (i) because of an erroneous omission or understatement; or 29 (ii) because the expenditure was unforeseen until after the 30 last day on which it was practicable to provide for it in 31 the Bill for this Act before that Bill was introduced into 32 the House of Representatives. 33 (2) This Act has effect as if Schedule 1 were amended, in accordance 34 with a determination of the responsible Presiding Officer, to make 10 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Additions to basic appropriations Part 3 Section 14 1 provision for so much (if any) of the expenditure as the responsible 2 Presiding Officer determines. 3 (3) The total of the amounts determined under subsection (2) for the 4 Department of the Senate cannot be more than $300,000. 5 (4) The total of the amounts determined under subsection (2) for the 6 Department of the House of Representatives cannot be more than 7 $300,000. 8 (5) The total of the amounts determined under subsection (2) for the 9 Department of Parliamentary Services cannot be more than $1 10 million. 11 (6) A determination made under subsection (2) is a legislative 12 instrument, but neither section 42 nor Part 6 of the Legislative 13 Instruments Act 2003 applies to the determination. 14 (7) After the commencement of this Act, a determination must not be 15 made under, or for the purposes of: 16 (a) section 11 of the Appropriation (Parliamentary 17 Departments) Act 1999-2000; or 18 (b) section 13 of the Appropriation (Parliamentary 19 Departments) Act (No. 1) 2000-2001; or 20 (c) section 13 of the Appropriation (Parliamentary 21 Departments) Act (No. 2) 2000-2001; or 22 (d) section 13 of the Appropriation (Parliamentary 23 Departments) Act (No. 1) 2001-2002; or 24 (e) section 13 of the Appropriation (Parliamentary 25 Departments) Act (No. 2) 2001-2002; or 26 (f) section 13 of the Appropriation (Parliamentary 27 Departments) Act (No. 1) 2002-2003; or 28 (g) section 13 of the Appropriation (Parliamentary 29 Departments) Act (No. 1) 2003-2004; or 30 (h) section 15 of the Appropriation (Parliamentary 31 Departments) Act (No. 2) 2003-2004; or 32 (i) section 14 of the Appropriation (Parliamentary 33 Departments) Act (No. 1) 2004-2005; or 34 (j) section 14 of the Appropriation (Parliamentary 35 Departments) Act (No. 2) 2004-2005. Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 11
Part 3 Additions to basic appropriations Section 15 1 15 Comcover receipts 2 (1) This section applies whenever an amount (the Comcover payment) 3 is debited from The Comcover Account in respect of a payment to 4 a Parliamentary Department. 5 Note: The Comcover Account is a Special Account for the purposes of the 6 Financial Management and Accountability Act 1997. 7 (2) Amounts totalling the full amount of the Comcover payment must 8 be added to an item or items for the Parliamentary Department. 9 (3) The items and respective amounts are to be determined by the 10 responsible Presiding Officer. In making a determination, the 11 responsible Presiding Officer must comply with any written 12 directions given by the Finance Minister. 13 (4) The responsible Presiding Officer may delegate his or her powers 14 under this section to the Chief Executive of the Parliamentary 15 Department. 16 (5) Neither a determination nor a written direction made under 17 subsection (3) is a legislative instrument. 12 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Miscellaneous Part 4 Section 16 1 2 Part 4--Miscellaneous 3 4 16 Crediting amounts to Special Accounts 5 If any of the purposes of a Special Account is a purpose that is 6 covered by an item (whether or not the item expressly refers to the 7 Special Account), then amounts may be debited against the 8 appropriation for that item and credited to that Special Account. 9 17 Appropriation of the Consolidated Revenue Fund 10 The Consolidated Revenue Fund is appropriated as necessary for 11 the purposes of this Act. Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 13
Schedule 1 Services for which money is appropriated Schedule 1--Services for which money is appropriated Note: See sections 6 and 17. Abstract Page Reference Departments Total $'000 17 Senate 20,386 18 House of Representatives 23,071 19 Department of Parliamentary Services 123,956 Total 167,413 14 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Services for which money is appropriated Schedule 1 APPROPRIATIONS Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 15
Schedule 1 Services for which money is appropriated SUMMARY Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Non- Agency Outputs Expenses operating Total $'000 $'000 $'000 $'000 Senate 19,618 768 - 20,386 19,602 1,454 - 21,056 House of Representatives 21,706 1,365 - 23,071 21,443 1,376 - 22,819 Department of Parliamentary Services 112,850 10,630 476 123,956 112,731 10,600 11,700 135,031 Total: Parliamentary Departments 154,174 12,763 476 167,413 153,776 13,430 11,700 178,906 16 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Services for which money is appropriated Schedule 1 SENATE Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 SENATE Operating Outcome 1 - Effective provision of services to support 19,618 768 20,386 the functioning of the Senate as a House of the 19,602 1,454 21,056 Commonwealth Parliament Total: Senate 19,618 768 20,386 19,602 1,454 21,056 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 17
Schedule 1 Services for which money is appropriated HOUSE OF REPRESENTATIVES Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 HOUSE OF REPRESENTATIVES Operating Outcome 1 - The House of Representatives fulfils its 21,706 1,365 23,071 role as a representative and legislative body 21,443 1,376 22,819 Total: House of Representatives 21,706 1,365 23,071 21,443 1,376 22,819 18 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005
Services for which money is appropriated Schedule 1 DEPARTMENT OF PARLIAMENTARY SERVICES Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 DEPARTMENT OF PARLIAMENTARY SERVICES Operating Outcome 1 - Occupants of Parliament House are 112,850 10,630 123,480 supported by integrated services and facilities, 112,731 10,600 123,331 Parliament functions effectively and its work and building are accessible to the public Total: Operating 112,850 10,630 123,480 112,731 10,600 123,331 Non-operating Equity Injections 476 - Administered Assets and Liabilities - 11,700 Total: Non-operating 476 11,700 Total: Department of Parliamentary 112,850 10,630 123,956 Services 112,731 10,600 135,031 Appropriation (Parliamentary Departments) Bill (No. 1) 2005-2006 No. , 2005 19