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2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 (Finance and Administration) A Bill for an Act to appropriate money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to regional telecommunications services, and for related purposesContents Part 1--Preliminary 1 1 Short title.......................................................................................1 2 Commencement .............................................................................2 3 Definitions.....................................................................................2 4 Portfolio Budget Statements and Portfolio Supplementary Estimates 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 Reduction of appropriations upon request .......................................6 Part 3--Additions to basic appropriations 8 10 Net appropriations..........................................................................8 11 Comcover receipts .........................................................................8 Part 4--Miscellaneous 9 12 Crediting amounts to Special Accounts...........................................9 13 Appropriation of the Consolidated Revenue Fund ...........................9 Schedule 1--Services for which money is appropriated 10 i Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005
1 A Bill for an Act to appropriate money out of the 2 Consolidated Revenue Fund for the ordinary 3 annual services of the Government in relation to 4 regional telecommunications services, and for 5 related purposes 6 The Parliament of Australia enacts: 7 Part 1--Preliminary 8 9 1 Short title 10 This Act may be cited as the Appropriation (Regional 11 Telecommunications Services) Act 2005-2006. Appropriation (Regional Telecommunications Services) Bill 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: 6 administered item means an amount set out in Schedule 1 opposite 7 an outcome of an entity under the heading "Administered 8 Expenses". 9 Agency means any of the following: 10 (a) an Agency within the meaning of the Financial Management 11 and Accountability Act 1997; 12 (b) the High Court. 13 Chief Executive has the same meaning as in the Financial 14 Management and Accountability Act 1997. 15 Commonwealth authority has the same meaning as in the 16 Commonwealth Authorities and Companies Act 1997. 17 Commonwealth company has the same meaning as in the 18 Commonwealth Authorities and Companies Act 1997. 19 current year means the financial year ending on 30 June 2006. 20 departmental item means the total amount set out in Schedule 1 in 21 relation to an entity under the heading "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 entity means any of the following: 27 (a) an Agency; 28 (b) a Commonwealth authority; 29 (c) a Commonwealth company; 30 (d) the Australian National Training Authority. 2 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005
Preliminary Part 1 Section 4 1 expenditure means payments for expenses, acquiring assets, 2 making loans or paying liabilities. 3 Finance Minister means the Minister administering this Act. 4 item means an administered item or a departmental item. 5 Portfolio Budget Statements means the Portfolio Budget 6 Statements that were tabled in the Senate or the House of 7 Representatives in relation to the Bill for the Appropriation Act 8 (No. 1) 2005-2006 and the Bill for the Appropriation Act (No. 2) 9 2005-2006. 10 Portfolio Supplementary Estimates Statements means the 11 Portfolio Supplementary Estimates Statements that were tabled in 12 the Senate or the House of Representatives in relation to the Bill 13 for this Act. 14 section 31 agreement means an agreement under section 31 of the 15 Financial Management and Accountability Act 1997. 16 Special Account has the same meaning as in the Financial 17 Management and Accountability Act 1997. 18 4 Portfolio Budget Statements and Portfolio Supplementary 19 Estimates Statements 20 (1) The Portfolio Budget Statements and Portfolio Supplementary 21 Estimates Statements are hereby declared to be relevant documents 22 for the purposes of section 15AB of the Acts Interpretation Act 23 1901. 24 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. 25 (2) If the Portfolio Budget Statements or Portfolio Supplementary 26 Estimates Statements indicate that activities of a particular kind 27 were intended to be treated as activities in respect of a particular 28 outcome, then expenditure for the purpose of carrying out those 29 activities is taken to be expenditure for the purpose of contributing 30 to achieving the outcome. Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 3
Part 1 Preliminary Section 5 1 5 Notional payments, receipts etc. 2 For the purposes of this Act, notional transactions between 3 Agencies are to be treated as if they were real transactions. 4 Note: This section applies, for example, to a "payment" between Agencies 5 that are both part of the Commonwealth. One of the effects of this 6 section is that the payment will be debited from an appropriation for 7 the paying Agency, even though no payment is actually made from the 8 Consolidated Revenue Fund. 4 Appropriation (Regional Telecommunications Services) Bill 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 $219,218,000. 6 Note 1: Items in Schedule 1 can be increased under Part 3 of this Act and 7 under section 13 of the Appropriation Act (No. 1) 2005-2006 (as 8 modified by section 11 of this Act). 9 Note 2: See also section 30A of the Financial Management and 10 Accountability Act 1997, which provides for adjustment of 11 appropriations to take account of GST. 12 7 Departmental items--basic appropriation 13 (1) For a departmental item for an entity, the Finance Minister may 14 issue out of the Consolidated Revenue Fund amounts that do not 15 exceed, in total, the amount specified in the item. 16 Note: Generally, the Finance Minister is permitted, but not obliged, to issue 17 the amounts out of the Consolidated Revenue Fund. However, 18 subsections (3) and (4) impose an obligation on the Finance Minister 19 to issue the amounts in certain circumstances. 20 (2) An amount issued out of the Consolidated Revenue Fund for a 21 departmental item for an entity may only be applied for the 22 departmental expenditure of the entity. 23 Note: The acquisition of new departmental assets will usually be funded 24 from an other departmental item (in another Appropriation Act). 25 (3) If: 26 (a) an Act provides that an entity must be paid amounts that are 27 appropriated by the Parliament for the purposes of the entity; 28 and 29 (b) Schedule 1 contains a departmental item for that entity; 30 then the Finance Minister, under subsection (1), must issue out of 31 the Consolidated Revenue Fund the full amount specified in the 32 item. Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 5
Part 2 Basic appropriations Section 8 1 (4) If a departmental item for an Agency includes provision for 2 payment of remuneration and allowances to the holder of: 3 (a) a public office (within the meaning of the Remuneration 4 Tribunal Act 1973); or 5 (b) an office specified in a Schedule to the Remuneration and 6 Allowances Act 1990; 7 then the Finance Minister, under subsection (1), must issue out of 8 the Consolidated Revenue Fund, under that item, amounts that are 9 sufficient to pay the remuneration and allowances and must apply 10 the amounts for that purpose. 11 8 Administered items--basic appropriation 12 (1) For an administered item for an outcome of an entity, the Finance 13 Minister may issue out of the Consolidated Revenue Fund amounts 14 that do not exceed, in total, the lesser of: 15 (a) the amount specified in the item; and 16 (b) the amount determined by the Finance Minister in relation to 17 the item, having regard to the expenses incurred by the entity 18 in the current year in relation to the item. 19 (2) An amount issued out of the Consolidated Revenue Fund for an 20 administered item for an outcome of an entity may only be applied 21 for expenditure for the purpose of carrying out activities for the 22 purpose of contributing to achieving that outcome. 23 Note: The acquisition of new administered assets will usually be funded 24 from an administered assets and liabilities item (in another 25 Appropriation Act). 26 (3) A determination made under paragraph (1)(b) is not a legislative 27 instrument. 28 9 Reduction of appropriations upon request 29 (1) The Finance Minister may, upon written request by a Minister, 30 make a written determination under this section reducing a 31 departmental item for an entity for which the Minister is 32 responsible by the amount specified in the determination. 6 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005
Basic appropriations Part 2 Section 9 1 (2) The Finance Minister may, upon written request by the Chief 2 Executive of an entity for which the Finance Minister is 3 responsible, make a written determination under this section 4 reducing a departmental item for that entity by the amount 5 specified in the determination. 6 (3) Where a determination is made, the amount specified in the item is 7 taken to have been reduced by the amount specified in the 8 determination. 9 (4) However, a determination is of no effect if the determination has 10 not been requested under subsection (1) or (2). 11 (5) In addition, a determination reduces an amount specified in the 12 item only to the extent that the amount of the reduction is no 13 greater than the lesser of the following: 14 (a) the amount requested under subsection (1) or (2); 15 (b) the difference between the amount specified in the item and 16 the amount issued out of the Consolidated Revenue Fund by 17 the Finance Minister in respect of that item. 18 (6) For the purposes of paragraph (5)(b), an amount is not taken to 19 have been issued by the Finance Minister until the amount is paid 20 out of the Consolidated Revenue Fund. 21 (7) To avoid doubt, where a previous determination has been made in 22 relation to an item, the reference in paragraph (5)(b) to the amount 23 specified in the item is taken to be a reference to the amount 24 specified in the item as reduced by that previous determination and 25 any other previous determination. 26 (8) To avoid doubt, a determination under this section applies despite 27 any other provision of this Act. 28 (9) A determination made under subsection (1) or (2) is a legislative 29 instrument and, despite subsection 44(2) of the Legislative 30 Instruments Act 2003, section 42 of that Act applies to the 31 determination. However, Part 6 of that Act does not apply to the 32 determination. 33 (10) A written request made under subsection (1) or (2) is not a 34 legislative instrument. Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 7
Part 3 Additions to basic appropriations Section 10 1 2 Part 3--Additions to basic appropriations 3 4 10 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 11 Comcover receipts 14 After the commencement of this Act, section 13 of the 15 Appropriation Act (No. 1) 2005-2006 has effect as if the reference 16 to an available item included a reference to an item in Schedule 1 17 to this Act. 18 Note: Section 13 of the Appropriation Act (No. 1) 2005-2006 provides for 19 amounts to be added to available items for an Agency in respect of 20 Comcover payments to the Agency. 8 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005
Miscellaneous Part 4 Section 12 1 2 Part 4--Miscellaneous 3 4 12 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 13 Appropriation of the Consolidated Revenue Fund 10 The Consolidated Revenue Fund is appropriated as necessary for 11 the purposes of this Act. Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 9
Schedule 1 Services for which money is appropriated Schedule 1--Services for which money is appropriated Note: See sections 6 and 13. Abstract Page Reference Portfolio Total $'000 14 Communications, Information Technology and the Arts 219,218 Total 219,218 10 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005
Services for which money is appropriated Schedule 1 APPROPRIATIONS Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 11
Schedule 1 Services for which money is appropriated SUMMARY Supplementary Appropriation (bold figures) -- 2005-2006 Budget Appropriation (italic figures) -- 2005-2006 Departmental Administered Portfolio Outputs Expenses Total $'000 $'000 $'000 Agriculture, Fisheries and Forestry - - - 327,977 310,070 638,047 Continued Attorney-General's - - - 2,503,949 354,501 2,858,450 Continued Communications, Information Technology and the 3,459 215,759 219,218 Arts 1,766,896 380,854 2,147,750 Continued Defence - - - 16,360,272 78,566 16,438,838 Continued Education, Science and Training - - - 1,150,258 1,372,999 2,523,257 Continued Employment and Workplace Relations - - - 1,531,950 2,621,601 4,153,551 Continued Environment and Heritage - - - 549,446 442,395 991,841 Continued Family and Community Services - - - 1,503,342 1,033,849 2,537,191 Continued Finance and Administration - - - 1,132,888 224,486 1,357,374 Continued Foreign Affairs and Trade - - - 1,094,909 1,967,421 3,062,330 Continued Health and Ageing - - - 505,039 3,191,225 3,696,264 Continued Immigration and Multicultural and Indigenous - - - Affairs 1,100,990 353,832 1,454,822 Continued Industry, Tourism and Resources - - - 512,521 527,397 1,039,918 Continued Prime Minister and Cabinet - - - 224,548 281,400 505,948 Continued 12 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005
Services for which money is appropriated Schedule 1 SUMMARY Supplementary Appropriation (bold figures) -- 2005-2006 Budget Appropriation (italic figures) -- 2005-2006 Departmental Administered Portfolio Outputs Expenses Total $'000 $'000 $'000 Transport and Regional Services - - - 283,732 436,070 719,802 Continued Treasury - - - 3,239,825 6,010 3,245,835 Continued Total: Bill 3 3,459 215,759 219,218 33,788,542 13,582,676 47,371,218 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 13
Schedule 1 Services for which money is appropriated COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO SUMMARY Supplementary Appropriation (bold figures) -- 2005-2006 Budget Appropriation (italic figures) -- 2005-2006 Departmental Administered Agency Outputs Expenses Total $'000 $'000 $'000 Department of Communications, Information 3,459 215,759 219,218 Technology and the Arts 114,340 380,854 495,194 Continued Australia Council - - - 149,248 - 149,248 Continued Australian Broadcasting Authority - - - 17,270 - 17,270 Continued Australian Broadcasting Corporation - - - 773,488 - 773,488 Continued Australian Communications Authority - - - 57,172 - 57,172 Continued Australian Film Commission - - - 51,991 - 51,991 Continued Australian Film, Television and Radio School - - - 19,690 - 19,690 Continued Australian National Maritime Museum - - - 23,314 - 23,314 Continued Australian Sports Commission - - - 168,631 - 168,631 Continued Australian Sports Drug Agency - - - 9,169 - 9,169 Continued National Archives of Australia - - - 66,381 - 66,381 Continued National Gallery of Australia - - - 40,657 - 40,657 Continued National Library of Australia - - - 58,786 - 58,786 Continued National Museum of Australia - - - 39,784 - 39,784 Continued Special Broadcasting Service Corporation - - - 176,975 - 176,975 Continued Total: Communications, Information 3,459 215,759 219,218 Technology and the Arts 1,766,896 380,854 2,147,750 14 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005
Services for which money is appropriated Schedule 1 COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO Supplementary Appropriation (bold figures) -- 2005-2006 Budget Appropriation (italic figures) -- 2005-2006 Actual Available Appropriation (light figures) -- 2004-2005 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS Outcome 3 - Development of services and provision of a 3,459 215,759 219,218 regulatory environment which encourages a 63,456 170,848 234,304 sustainable and effective communications 66,817 176,233 243,050 sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry Total: Department of Communications, 3,459 215,759 219,218 Information Technology and the Arts 114,340 380,854 495,194 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 15
Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 1