2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 (Finance and Deregulation) 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 drought and equine influenza assistance, and for related purposes [Page Break] Part 1--Preliminary 1 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Definitions ......................................................................................... 2 4 Portfolio 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 Part 3--Adjustments to basic appropriations 7 9 Reduction of appropriations upon request ......................................... 7 10 Advance to the Finance Minister--recovery ..................................... 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 (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] 2 Consolidated Revenue Fund for the ordinary 3 annual services of the Government in relation to 4 drought and equine influenza assistance, 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 (Drought and Equine 11 Influenza Assistance) Act (No. 1) 2007-2008. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 1 [Page Break] 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: 10 (a) an Agency within the meaning of the Financial Management 11 and Accountability Act 1997; or 12 (b) the High Court of Australia. 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 2008. 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. 2 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] 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 Additional Estimates Statements means the Portfolio 6 Additional Estimates Statements that were tabled in the Senate or 7 the House of Representatives in relation to the Bill for the 8 Appropriation Act (No. 3) 2007-2008 and the Bill for the 9 Appropriation Act (No. 4) 2007-2008. 10 Portfolio Budget Statements means the Portfolio Budget 11 Statements that were tabled in the Senate or the House of 12 Representatives in relation to the Bill for the Appropriation Act 13 (No. 1) 2007-2008 and the Bill for the Appropriation Act (No. 2) 14 2007-2008. 15 Portfolio Supplementary Additional Estimates Statements means 16 the Portfolio Supplementary Additional Estimates Statements that 17 were tabled in the Senate or the House of Representatives in 18 relation to the Bill for this Act and the Bill for the Appropriation 19 (Drought and Equine Influenza Assistance) Act (No. 2) 2007-2008. 20 Portfolio Supplementary Estimates Statements means the 21 Portfolio Supplementary Estimates Statements that were tabled in 22 the Senate or the House of Representatives in relation to the Bill 23 for the Appropriation (Northern Territory National Emergency 24 Response) Act (No. 1) 2007-2008 and the Bill for the 25 Appropriation (Northern Territory National Emergency Response) 26 Act (No. 2) 2007-2008. 27 Special Account has the same meaning as in the Financial 28 Management and Accountability Act 1997. 29 4 Portfolio Statements 30 (1) The Portfolio Budget Statements, Portfolio Supplementary 31 Estimates Statements, Portfolio Additional Estimates Statements 32 and Portfolio Supplementary Additional Estimates Statements are Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 3 [Page Break] Section 5 1 hereby declared to be relevant documents for the purposes of 2 section 15AB of the Acts Interpretation Act 1901. 3 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. 4 (2) If the Portfolio Budget Statements, Portfolio Supplementary 5 Estimates Statements, Portfolio Additional Estimates Statements or 6 Portfolio Supplementary Additional Estimates Statements indicate 7 that activities of a particular kind were intended to be treated as 8 activities in respect of a particular outcome, then expenditure for 9 the purpose of carrying out those activities is taken to be 10 expenditure for the purpose of contributing to achieving the 11 outcome. 12 5 Notional payments, receipts etc. 13 For the purposes of this Act, notional transactions between 14 Agencies are to be treated as if they were real transactions. 15 Note: This section applies, for example, to a "payment" between Agencies 16 that are both part of the Commonwealth. One of the effects of this 17 section is that the payment will be debited from an appropriation for 18 the paying Agency, even though no payment is actually made from the 19 Consolidated Revenue Fund. 4 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] 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 $506,905,000. 6 Note 1: Items in Schedule 1 can be adjusted under Part 3 of this Act and under 7 section 12 of the Appropriation Act (No. 1) 2007-2008 (as modified 8 by section 11 of this Act). 9 Note 2: See also sections 30 to 32 of the Financial Management and 10 Accountability Act 1997, which provide for adjustments of amounts 11 appropriated by this Act. 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 (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 5 [Page Break] 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. 6 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] Section 9 1 2 Part 3--Adjustments to basic appropriations 3 4 9 Reduction of appropriations upon request 5 (1) The Finance Minister may, upon written request by a Minister, 6 make a written determination reducing a departmental item for an 7 entity for which the Minister is responsible by the amount specified 8 in the determination. 9 (2) The Finance Minister may, upon written request by the Chief 10 Executive of an entity for which the Finance Minister is 11 responsible, make a written determination reducing a departmental 12 item for that entity by the amount specified in the determination. 13 (3) Where a determination is made, the amount specified in the item is 14 taken to have been reduced by the amount specified in the 15 determination. 16 (4) However, a determination is of no effect if the determination has 17 not been requested under subsection (1) or (2). 18 (5) In addition, a determination reduces an amount specified in the 19 item only to the extent that the amount of the reduction is no 20 greater than the lesser of the following: 21 (a) the amount requested under subsection (1) or (2); 22 (b) the difference between the amount specified in the item and 23 the amount issued out of the Consolidated Revenue Fund by 24 the Finance Minister in respect of that item. 25 (6) For the purposes of paragraph (5)(b), an amount is not taken to 26 have been issued by the Finance Minister until the amount is paid 27 out of the Consolidated Revenue Fund. 28 (7) To avoid doubt, where a previous determination has been made in 29 relation to an item, the reference in paragraph (5)(b) to the amount 30 specified in the item is taken to be a reference to the amount 31 specified in the item as reduced by that previous determination and 32 any other previous determination. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 7 [Page Break] Section 10 1 (8) To avoid doubt, a determination made under subsection (1) or (2) 2 applies despite any other provision of this Act. 3 (9) A determination made under subsection (1) or (2) is a legislative 4 instrument and, despite subsection 44(2) of the Legislative 5 Instruments Act 2003, section 42 (disallowance) of that Act applies 6 to the determination. However, Part 6 (sunsetting) of that Act does 7 not apply to the determination. 8 (10) A written request made under subsection (1) or (2) is not a 9 legislative instrument. 10 10 Advance to the Finance Minister--recovery 11 If an amount determined by the Finance Minister under section 11 12 of the Appropriation Act (No. 1) 2007-2008 is recovered from an 13 amount set out in Schedule 1 to this Act, the determined amount is 14 to be disregarded for the purposes of subsection 11(3) of the 15 Appropriation Act (No. 1) 2007-2008. 16 11 Comcover receipts 17 After the commencement of this Act, section 12 of the 18 Appropriation Act (No. 1) 2007-2008 has effect as if the reference 19 to an available item included a reference to: 20 (a) an item in Schedule 1 to this Act; and 21 (b) an item in Schedule 2 to the Appropriation (Drought and 22 Equine Influenza Assistance) Act (No. 2) 2007-2008. 23 Note: Section 12 of the Appropriation Act (No. 1) 2007-2008 provides for 24 amounts to be added to available items for an Agency in respect of 25 Comcover payments to the Agency. 8 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] 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, including the operation of this Act as 12 affected by the Financial Management and Accountability Act 13 1997. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 9 [Page Break] Schedule 1--Services for which money is appropriated Note: See sections 6 and 13. Abstract Page Reference Portfolio Total $'000 14 Agriculture, Fisheries and Forestry 506,905 Total 506,905 10 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] APPROPRIATIONS Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 11 [Page Break] SUMMARY Supplementary Appropriation (bold figures)--2007-2008 Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)--2007-2008 Departmental Administered Portfolio Outputs Expenses Total $'000 $'000 $'000 Agriculture, Fisheries and Forestry 28,631 478,274 506,905 360,657 392,012 752,669 Attorney-General's - - - 3,211,923 664,727 3,876,650 Broadband, Communications and the Digital - - - Economy 1,119,793 - 1,119,793 Communications, Information Technology and the - - - Arts 143,785 807,789 951,574 Defence - - - 20,144,028 105,947 20,249,975 Education, Employment and Workplace Relations - - - 167,233 492,224 659,457 Education, Science and Training - - - 490,750 1,978,062 2,468,812 Employment and Workplace Relations - - - 1,622,419 2,866,805 4,489,224 Environment, Water, Heritage and the Arts - - - 1,171,683 1,491,797 2,663,480 Families, Housing, Community Services and - - - Indigenous Affairs 1,576,240 1,587,113 3,163,353 Finance and Deregulation - - - 507,585 222,378 729,963 Foreign Affairs and Trade - - - 1,298,933 2,906,838 4,205,771 Health and Ageing - - - 901,569 4,859,575 5,761,144 Human Services - - - 1,872,739 153,237 2,025,976 Immigration and Citizenship - - - 1,400,679 262,005 1,662,684 Industry, Tourism and Resources - - - 335,848 681,018 1,016,866 Infrastructure, Transport, Regional Development - - - and Local Government 330,652 522,964 853,616 Innovation, Industry, Science and Research - - - 876,938 24,333 901,271 Continued 12 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] SUMMARY Supplementary Appropriation (bold figures)--2007-2008 Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)--2007-2008 Departmental Administered Portfolio Outputs Expenses Total $'000 $'000 $'000 Prime Minister and Cabinet - - - 310,918 10,166 321,084 Resources, Energy and Tourism - - - 280,865 34,065 314,930 Treasury - - - 3,724,577 11,316 3,735,893 Total: 28,631 478,274 506,905 41,849,814 20,074,371 61,924,185 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 13 [Page Break] AGRICULTURE, FISHERIES AND FORESTRY PORTFOLIO SUMMARY Supplementary Appropriation (bold figures)--2007-2008 Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)--2007-2008 Departmental Administered Entity Outputs Expenses Total $'000 $'000 $'000 Department of Agriculture, Fisheries and Forestry 28,631 478,274 506,905 338,805 392,012 730,817 Australian Pesticides and Veterinary Medicines - - - Authority 630 - 630 Biosecurity Australia - - - 21,222 - 21,222 Total: Agriculture, Fisheries and Forestry 28,631 478,274 506,905 360,657 392,012 752,669 14 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 [Page Break] AGRICULTURE, FISHERIES AND FORESTRY PORTFOLIO Supplementary Appropriation (bold figures)--2007-2008 Appropriation Act (No.1), Appropriation (Northern Territory National Emergency Response) Act (No.1) and Appropriation Bill (No.3) (italic figures)--2007-2008 Actual Available Appropriation (light figures)--2006-2007 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY Outcome 1 - More sustainable, competitive and profitable 28,631 478,274 506,905 Australian agricultural, food, fisheries and 338,805 392,012 730,817 forestry industries 347,128 577,860 924,988 Total: Department of Agriculture, Fisheries 28,631 478,274 506,905 and Forestry Appropriation (Drought and Equine Influenza Assistance) Bill (No. 1) 2007-2008 No. , 2008 15 [Page Break] 2008 1