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. 2) 2007-2008 No. , 2008 (Finance and Deregulation) A Bill for an Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure 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........................................................................... 4 5 Notional payments, receipts etc. ........................................................ 4 Part 2--Basic appropriations 5 6 Summary of basic appropriations ...................................................... 5 7 State, ACT, NT and local government items--basic appropriation...................................................................................... 5 8 Administered items--basic appropriation ......................................... 5 9 Administered assets and liabilities items--basic appropriation...................................................................................... 6 10 Other departmental items--basic appropriation ................................ 7 Part 3--Adjustments to basic appropriations 8 11 Advance to the Finance Minister--recovery ..................................... 8 12 Reduction of appropriations upon request ......................................... 8 Part 4--Miscellaneous 10 13 Crediting amounts to Special Accounts ........................................... 10 14 Conditions etc. applying to State, ACT, NT and local government items............................................................................. 10 15 Appropriation of the Consolidated Revenue Fund........................... 11 Schedule 1--Payments to or for the States, ACT, NT and local government 12 Schedule 2--Services for which money is appropriated 13 i Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] 2 Consolidated Revenue Fund for certain 3 expenditure in relation to drought and equine 4 influenza assistance, and for 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 (Drought and Equine 10 Influenza Assistance) Act (No. 2) 2007-2008. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 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 assets and liabilities item means an amount set out in 7 Schedule 2 in relation to an entity opposite the heading 8 "Administered Assets and Liabilities". 9 administered item means an amount set out in Schedule 2 opposite 10 an outcome of an entity under the heading "New Administered 11 Expenses". 12 Agency means: 13 (a) an Agency within the meaning of the Financial Management 14 and Accountability Act 1997; or 15 (b) the High Court of Australia. 16 Commonwealth authority has the same meaning as in the 17 Commonwealth Authorities and Companies Act 1997. 18 Commonwealth company has the same meaning as in the 19 Commonwealth Authorities and Companies Act 1997. 20 current year means the financial year ending on 30 June 2008. 21 entity means any of the following: 22 (a) an Agency; 23 (b) a Commonwealth authority; 24 (c) a Commonwealth company. 25 expenditure means payments for expenses, acquiring assets, 26 making loans or paying liabilities. 27 Finance Minister means the Minister administering this Act. 28 item means any of the following: 29 (a) a State, ACT, NT and local government item; 2 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] Section 3 1 (b) an administered item; 2 (c) an administered assets and liabilities item; 3 (d) an other departmental item. 4 other departmental item means an amount set out in Schedule 2 in 5 relation to an entity: 6 (a) opposite the heading "Equity Injections"; or 7 (b) opposite the heading "Loans"; or 8 (c) opposite the heading "Previous Years' Outputs". 9 Portfolio Additional Estimates Statements means the Portfolio 10 Additional Estimates Statements that were tabled in the Senate or 11 the House of Representatives in relation to the Bill for the 12 Appropriation Act (No. 3) 2007-2008 and the Bill for the 13 Appropriation Act (No. 4) 2007-2008. 14 Portfolio Budget Statements means the Portfolio Budget 15 Statements that were tabled in the Senate or the House of 16 Representatives in relation to the Bill for the Appropriation Act 17 (No. 1) 2007-2008 and the Bill for the Appropriation Act (No. 2) 18 2007-2008. 19 Portfolio Supplementary Additional Estimates Statements means 20 the Portfolio Supplementary Additional Estimates Statements that 21 were tabled in the Senate or the House of Representatives in 22 relation to the Bill for this Act and the Bill for the Appropriation 23 (Drought and Equine Influenza Assistance) Act (No. 1) 2007-2008. 24 Portfolio Supplementary Estimates Statements means the 25 Portfolio Supplementary Estimates Statements that were tabled in 26 the Senate or the House of Representatives in relation to the Bill 27 for the Appropriation (Northern Territory National Emergency 28 Response) Act (No. 1) 2007-2008 and the Bill for the 29 Appropriation (Northern Territory National Emergency Response) 30 Act (No. 2) 2007-2008. 31 Special Account has the same meaning as in the Financial 32 Management and Accountability Act 1997. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 3 [Page Break] Section 4 1 State, ACT, NT and local government item means an amount set 2 out in Schedule 2 opposite an outcome of an entity under the 3 heading "Payments to States, ACT, NT and local government". 4 4 Portfolio Statements 5 (1) The Portfolio Budget Statements, Portfolio Supplementary 6 Estimates Statements, Portfolio Additional Estimates Statements 7 and Portfolio Supplementary Additional Estimates Statements are 8 hereby declared to be relevant documents for the purposes of 9 section 15AB of the Acts Interpretation Act 1901. 10 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. 11 (2) If the Portfolio Budget Statements, Portfolio Supplementary 12 Estimates Statements, Portfolio Additional Estimates Statements or 13 Portfolio Supplementary Additional Estimates Statements indicate 14 that activities of a particular kind were intended to be treated as 15 activities in respect of a particular outcome, then expenditure for 16 the purpose of carrying out those activities is taken to be 17 expenditure for the purpose of contributing to achieving the 18 outcome. 19 5 Notional payments, receipts etc. 20 For the purposes of this Act, notional transactions between 21 Agencies are to be treated as if they were real transactions. 22 Note: This section applies, for example, to a "payment" between Agencies 23 that are both part of the Commonwealth. One of the effects of this 24 section is that the payment will be debited from an appropriation for 25 the paying Agency, even though no payment is actually made from the 26 Consolidated Revenue Fund. 4 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 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 2 is $545,127,000. 6 Note 1: Items in Schedule 2 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 the Appropriation (Drought and Equine Influenza 9 Assistance) Act (No. 1) 2007-2008). 10 Note 2: See also sections 30 to 32 of the Financial Management and 11 Accountability Act 1997, which provide for adjustments of amounts 12 appropriated by this Act. 13 7 State, ACT, NT and local government items--basic appropriation 14 (1) For a State, ACT, NT and local government item for an outcome of 15 an entity, the Finance Minister may issue out of the Consolidated 16 Revenue Fund amounts that do not exceed, in total, the lesser of: 17 (a) the amount specified in the item; and 18 (b) the amount determined by the Finance Minister in relation to 19 the item, having regard to the expenses incurred by the entity 20 in the current year in relation to the item. 21 (2) An amount issued out of the Consolidated Revenue Fund for a 22 State, ACT, NT and local government item for an outcome of an 23 entity may only be applied for the purpose of making payments to 24 or for the States, the Australian Capital Territory, the Northern 25 Territory and local government authorities for the purpose of 26 contributing to achieving that outcome. 27 (3) A determination made under paragraph (1)(b) is not a legislative 28 instrument. 29 8 Administered items--basic appropriation 30 (1) For an administered item for an outcome of an entity, the Finance 31 Minister may issue out of the Consolidated Revenue Fund amounts 32 that do not exceed, in total, the lesser of: Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 5 [Page Break] Section 9 1 (a) the amount specified in the item; and 2 (b) the amount determined by the Finance Minister in relation to 3 the item, having regard to the expenses incurred by the entity 4 in the current year in relation to the item. 5 (2) An amount issued out of the Consolidated Revenue Fund for an 6 administered item for an outcome of an entity may only be applied 7 for expenditure for the purpose of carrying out activities for the 8 purpose of contributing to achieving that outcome. 9 Note: The acquisition of new administered assets will usually be funded 10 from an administered assets and liabilities item. 11 (3) A determination made under paragraph (1)(b) is not a legislative 12 instrument. 13 9 Administered assets and liabilities items--basic appropriation 14 (1) For an administered assets and liabilities item for an entity, the 15 Finance Minister may issue out of the Consolidated Revenue Fund 16 amounts that do not exceed, in total, the amount specified in the 17 item. 18 (2) An amount issued out of the Consolidated Revenue Fund for an 19 administered assets and liabilities item for an entity may only be 20 applied for expenditure for the purpose of carrying out activities 21 for the purpose of contributing to achieving any outcome that is 22 specified in relation to the entity: 23 (a) in Schedule 2 to this Act; or 24 (b) in Schedule 1 to the Appropriation (Drought and Equine 25 Influenza Assistance) Act (No. 1) 2007-2008; or 26 (c) in Schedule 2 to the Appropriation Act (No. 4) 2007-2008; or 27 (d) in Schedule 1 to the Appropriation Act (No. 3) 2007-2008; or 28 (e) in Schedule 2 to the Appropriation (Northern Territory 29 National Emergency Response) Act (No. 2) 2007-2008; or 30 (f) in Schedule 1 to the Appropriation (Northern Territory 31 National Emergency Response) Act (No. 1) 2007-2008; or 32 (g) in Schedule 2 to the Appropriation Act (No. 2) 2007-2008; or 33 (h) in Schedule 1 to the Appropriation Act (No. 1) 2007-2008. 6 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] Section 10 1 10 Other departmental items--basic appropriation 2 (1) For an other departmental item for an entity, the Finance Minister 3 may issue out of the Consolidated Revenue Fund amounts that do 4 not exceed, in total, the amount specified in the item. 5 Note: Generally, the Finance Minister is permitted, but not obliged, to issue 6 the amounts out of the Consolidated Revenue Fund. However, 7 subsection (3) imposes an obligation on the Finance Minister to issue 8 the amounts in certain circumstances. 9 (2) An amount issued out of the Consolidated Revenue Fund for an 10 other departmental item may only be applied for the departmental 11 expenditure of the entity. 12 (3) If: 13 (a) an Act provides that an entity must be paid amounts that are 14 appropriated by the Parliament for the purposes of the entity; 15 and 16 (b) Schedule 2 contains an other departmental item for that 17 entity; 18 then the Finance Minister, under subsection (1), must issue out of 19 the Consolidated Revenue Fund the full amount specified in the 20 item. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 7 [Page Break] Section 11 1 2 Part 3--Adjustments to basic appropriations 3 4 11 Advance to the Finance Minister--recovery 5 If an amount determined by the Finance Minister under section 12 6 of the Appropriation Act (No. 2) 2007-2008 is recovered from an 7 amount set out in Schedule 2 to this Act, the determined amount is 8 to be disregarded for the purposes of subsection 12(3) of the 9 Appropriation Act (No. 2) 2007-2008. 10 12 Reduction of appropriations upon request 11 (1) The Finance Minister may, upon written request by a Minister, 12 make a written determination reducing an administered assets and 13 liabilities item or an other departmental item for an entity for 14 which the Minister is responsible by the amount specified in the 15 determination. 16 (2) The Finance Minister may, upon written request by the Chief 17 Executive of an entity for which the Finance Minister is 18 responsible, make a written determination reducing an 19 administered assets and liabilities item or an other departmental 20 item for that entity by the amount specified in the determination. 21 (3) Where a determination is made, the amount specified in the item is 22 taken to have been reduced by the amount specified in the 23 determination. 24 (4) However, a determination is of no effect if the determination has 25 not been requested under subsection (1) or (2). 26 (5) In addition, a determination reduces an amount specified in the 27 item only to the extent that the amount of the reduction is no 28 greater than the lesser of the following: 29 (a) the amount requested under subsection (1) or (2); 30 (b) the difference between the amount specified in the item and 31 the amount issued out of the Consolidated Revenue Fund by 32 the Finance Minister in respect of that item. 8 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] Section 12 1 (6) For the purposes of paragraph (5)(b), an amount is not taken to 2 have been issued by the Finance Minister until the amount is paid 3 out of the Consolidated Revenue Fund. 4 (7) To avoid doubt, where a previous determination has been made in 5 relation to an item, the reference in paragraph (5)(b) to the amount 6 specified in the item is taken to be a reference to the amount 7 specified in the item as reduced by that previous determination and 8 any other previous determination. 9 (8) To avoid doubt, a determination made under subsection (1) or (2) 10 applies despite any other provision of this Act. 11 (9) A determination made under subsection (1) or (2) is a legislative 12 instrument and, despite subsection 44(2) of the Legislative 13 Instruments Act 2003, section 42 (disallowance) of that Act applies 14 to the determination. However, Part 6 (sunsetting) of that Act does 15 not apply to the determination. 16 (10) A written request made under subsection (1) or (2) is not a 17 legislative instrument. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 9 [Page Break] Section 13 1 2 Part 4--Miscellaneous 3 4 13 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 14 Conditions etc. applying to State, ACT, NT and local government 10 items 11 (1) This section applies to any payment made out of money 12 appropriated by a State, ACT, NT and local government item for 13 an outcome specified in column 2 of the table in Schedule 1. 14 (2) The payment: 15 (a) must be made on the terms and conditions (if any) from time 16 to time determined, in the way described in subsection (3), as 17 applying to payments made: 18 (i) in relation to the outcome; and 19 (ii) to or for a State, the Australian Capital Territory, the 20 Northern Territory or a local government authority; and 21 (iii) out of money appropriated by an annual Appropriation 22 Act; and 23 (b) must be made in accordance with any determination in 24 writing made by the Minister specified, in column 4 of the 25 table in Schedule 1, for the outcome as to amounts and times 26 of payments. 27 (3) The way of determining the terms and conditions applying to 28 payments described in paragraph (2)(a) is for the Minister 29 specified, in column 3 of the table in Schedule 1, for the outcome 30 to make the determination in writing before or after the 31 commencement of this Act. 10 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] Section 15 1 (4) Determinations mentioned in paragraph (2)(a) and determinations 2 made under paragraph (2)(b) are not legislative instruments. 3 (5) This section does not limit the Commonwealth's power to: 4 (a) apply terms and conditions to payments made out of money 5 that is not appropriated by a State, ACT, NT and local 6 government item; or 7 (b) determine the amounts and times of those payments. 8 15 Appropriation of the Consolidated Revenue Fund 9 The Consolidated Revenue Fund is appropriated as necessary for 10 the purposes of this Act, including the operation of this Act as 11 affected by the Financial Management and Accountability Act 12 1997. Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 11 [Page Break] Schedule 1--Payments to or for the States, ACT, NT and local government Note: See section 14. Column 1 Column 2 Column 3 Column 4 Minister Minister determining determining Entity Outcome conditions payments Department of More sustainable, competitive and Minister for Minister for Agriculture, profitable Australian agricultural, Agriculture, Agriculture, Fisheries and food, fisheries and forestry Fisheries and Fisheries and Forestry industries Forestry Forestry 12 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] Schedule 2--Services for which money is appropriated Note: See sections 6 and 15. Abstract Page Reference Portfolio Total $'000 17 Agriculture, Fisheries and Forestry 545,127 Total 545,127 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 13 [Page Break] APPROPRIATIONS 14 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] SUMMARY Supplementary Appropriation (bold figures)--2007-2008 Appropriation Act (No. 2), Appropriation (Northern Territory National Emergency Response) Act (No. 2) and Appropriation Bill (No. 4) (italic figures)--2007-2008 Payments to States, ACT, New NT and local Administered Non- Portfolio government Expenses operating Total $'000 $'000 $'000 $'000 Agriculture, Fisheries and Forestry 545,127 - - 545,127 489,495 - 662 490,157 Attorney-General's - - - - 41,861 - 354,632 396,493 Broadband, Communications and the - - - - Digital Economy - - 24,134 24,134 Communications, Information - - - - Technology and the Arts 20,500 - 8,249 28,749 Defence - - - - 28,916 - 2,103,026 2,131,942 Education, Employment and - - - - Workplace Relations - - 21,460 21,460 Education, Science and Training - - - - - - 7,343 7,343 Employment and Workplace Relations - - - - - - 13,861 13,861 Environment and Water Resources - - - - 152,157 53,831 99,076 305,064 Families, Community Services and - - - - Indigenous Affairs 2,137,382 - 117,115 2,254,497 Finance and Administration - - - - - - 108,008 108,008 Foreign Affairs and Trade - - - - - - 527,469 527,469 Health and Ageing - - - - 1,490,311 - 18,209 1,508,520 Human Services - - - - - 3,492 146,088 149,580 Immigration and Citizenship - - - - 3,577 - 174,124 177,701 Industry, Tourism and Resources - - - - 41,243 - 58,976 100,219 Infrastructure, Transport, Regional - - - - Development and Local Government 2,398,219 - 13,590 2,411,809 Continued Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 15 [Page Break] SUMMARY Supplementary Appropriation (bold figures)--2007-2008 Appropriation Act (No. 2), Appropriation (Northern Territory National Emergency Response) Act (No. 2) and Appropriation Bill (No. 4) (italic figures)--2007-2008 Payments to States, ACT, New NT and local Administered Non- Portfolio government Expenses operating Total $'000 $'000 $'000 $'000 Innovation, Industry, Science and - - - - Research - - 59,827 59,827 Prime Minister and Cabinet - - - - - - 9,580 9,580 Resources, Energy and Tourism - - - - 11,704 - 2,656 14,360 Treasury - - - - 179,521 - 196,947 376,468 Total: 545,127 - - 545,127 6,994,886 57,323 4,065,032 11,117,241 16 Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 [Page Break] AGRICULTURE, FISHERIES AND FORESTRY PORTFOLIO Supplementary Appropriation (bold figures)--2007-2008 Appropriation Act (No.2), Appropriation (Northern Territory National Emergency Response) Act (No.2) and Appropriation Bill (No.4) (italic figures)--2007-2008 Actual Available Appropriation (light figures)--2006-2007 Payments to States, ACT, New NT and local Administered government Expenses Total $'000 $'000 $'000 DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY Operating Outcome 1 - More sustainable, competitive and profitable 545,127 - 545,127 Australian agricultural, food, fisheries and 489,495 - 489,495 forestry industries 618,166 618,166 Total: Department of Agriculture, Fisheries 545,127 - 545,127 and Forestry Appropriation (Drought and Equine Influenza Assistance) Bill (No. 2) 2007-2008 No. , 2008 17 [Page Break] 2008 1