APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 2) 2004-2005

2004-2005

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Appropriation (Parliamentary

Departments) Bill (No. 2) 2004-2005

No. , 2005

(Finance and Administration)

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for

expenditure in relation to the Parliamentary

Departments, and for related purposes

i Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

Contents

Part 1--Preliminary

1 Short

title .......................................................................................... 1

2 Commencement ................................................................................ 2

3 Definitions ........................................................................................ 2

Portfolio Budget Statements and Portfolio Additional

Estimates Statements ........................................................................ 4

5 Notional

payments, receipts etc. ....................................................... 4

Part 2--Basic appropriations

Summary of basic appropriations...................................................... 5

Departmental items--basic appropriation......................................... 5

Administered items--basic appropriation......................................... 6

Administered assets and liabilities items--basic

appropriation..................................................................................... 6

Other departmental items--basic appropriation................................ 7

Reduction of appropriations upon request......................................... 7

Part 3--Additions to basic appropriations

12 Net

appropriations............................................................................. 9

Departmental items and other departmental items--

adjustments and borrowings.............................................................. 9

Advance to the responsible Presiding Officer--unforeseen

expenditure etc................................................................................ 10

15 Comcover

receipts .......................................................................... 11

Part 4--Miscellaneous

Crediting amounts to Special Accounts .......................................... 12

Appropriation of the Consolidated Revenue Fund.......................... 12

Schedule 1--Services for which money is

appropriated

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 1

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for

expenditure in relation to the Parliamentary

Departments, and for related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Appropriation (Parliamentary

Departments) Act (No. 2) 2004-2005.

Part 1 Preliminary

Section 2

2 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

3 Definitions

In this Act, unless the contrary intention appears:

administered assets and liabilities item means an amount set out in

Schedule 1 in relation to a Parliamentary Department opposite the

heading "Administered Assets and Liabilities".

administered item means an amount set out in Schedule 1 opposite

an outcome of a Parliamentary Department under the heading

"Administered Expenses".

Agency has the same meaning as in the Financial Management and

Accountability Act 1997.

Note:

Each Parliamentary Department is an Agency for the purposes of the

Financial Management and Accountability Act 1997.

Chief Executive has the same meaning as in the Financial

Management and Accountability Act 1997.

current year means the financial year ending on 30 June 2005.

departmental item means the total amount set out in Schedule 1 in

relation to a Parliamentary Department under the heading

"Departmental Outputs".

Note:

The amounts set out opposite outcomes, under the heading

"Departmental Outputs", are "notional". They are not part of the item,

and do not in any way restrict the scope of the expenditure authorised

by the item.

expenditure means payments for expenses, acquiring assets,

making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means any of the following:

(a) a departmental item;

(b)

administered

item;

Preliminary Part 1

Section 3

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 3

(d) an other departmental item.

other departmental item means an amount set out in Schedule 1 in

relation to a Parliamentary Department:

(a) opposite the heading "Equity Injections"; or

(b) opposite the heading "Loans"; or

Parliamentary Department means any of the following:

(a) the Department of the Senate;

(b) the Department of the House of Representatives;

Portfolio Additional Estimates Statements means the Portfolio

Additional Estimates Statements that were tabled in the Senate or

the House of Representatives in relation to the Bill for this Act.

Portfolio Budget Statements means the Portfolio Budget

Statements that were tabled in the Senate or the House of

Representatives in relation to the Bill for the Appropriation

(Parliamentary Departments ) Act (No. 1) 2004-2005.

President means the President of the Senate.

responsible Presiding Officer means:

(a) in relation to the Department of the Senate--the President; or

(b) in relation to the Department of the House of

Representatives--the Speaker; or

President and the Speaker together.

section 31 agreement means an agreement under section 31 of the

Financial Management and Accountability Act 1997.

Speaker means the Speaker of the House of Representatives.

Special Account has the same meaning as in the Financial

Management and Accountability Act 1997.

Part 1 Preliminary

Section 4

4 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

4 Portfolio Budget Statements and Portfolio Additional Estimates

Statements

(1) The Portfolio Budget Statements and Portfolio Additional

Estimates Statements are hereby declared to be relevant documents

for the purposes of section 15AB of the Acts Interpretation Act

1901.

Note:

See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901.

(2) If the Portfolio Budget Statements or Portfolio Additional

Estimates Statements indicate that activities of a particular kind

were intended to be treated as activities in respect of a particular

outcome, then expenditure for the purpose of carrying out those

activities is taken to be expenditure for the purpose of contributing

to achieving the outcome.

5 Notional payments, receipts etc.

For the purposes of this Act, notional transactions between

Agencies are to be treated as if they were real transactions.

Note:

This section applies, for example, to a "payment" between Agencies

that are both part of the Commonwealth. One of the effects of this

section is that the payment will be debited from an appropriation for

the paying Agency, even though no payment is actually made from the

Consolidated Revenue Fund.

Basic appropriations Part 2

Section 6

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 5

Part 2--Basic appropriations

6 Summary of basic appropriations

The total of the items specified in Schedule 1 is $349,000.

Note 1:

Items in Schedule 1 can be increased under Part 3 of this Act and

under section 15 of the Appropriation (Parliamentary Departments)

Act (No. 1) 2004-2005 (as modified by section 15 of this Act).

Note 2:

See also section 30A of the Financial Management and

Accountability Act 1997, which provides for adjustment of

appropriations to take account of GST.

7 Departmental items--basic appropriation

(1) For a departmental item for a Parliamentary Department, 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,

subsection (3) imposes 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 a Parliamentary Department may only be

applied for the departmental expenditure of the Parliamentary

Department.

Note:

The acquisition of new departmental assets will usually be funded

from an other departmental item.

(3) If a departmental item for a Parliamentary Department 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;

Part 2 Basic appropriations

Section 8

6 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

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.

8 Administered items--basic appropriation

(1) For an administered item for an outcome of a Parliamentary

Department, the Finance Minister may issue out of the

Consolidated Revenue Fund amounts that do not exceed, in total,

the lesser of:

(a) the amount specified in the item; and

(b) the amount determined by the Finance Minister in relation to

the item, having regard to the expenses incurred by the

Parliamentary Department in the current year in relation to

the item.

(2) An amount issued out of the Consolidated Revenue Fund for an

administered item for an outcome of a Parliamentary Department

may only be applied for expenditure for the purpose of carrying out

activities for the purpose of contributing to achieving that outcome.

Note:

The acquisition of new administered assets will usually be funded

from an administered assets and liabilities item.

(3) A determination under paragraph (1)(b) is not a legislative

instrument for the purposes of the Legislative Instruments Act

2003.

9 Administered assets and liabilities items--basic appropriation

(1) For an administered assets and liabilities item for a Parliamentary

Department, the Finance Minister may issue out of the

Consolidated Revenue Fund amounts that do not exceed, in total,

the amount specified in the item.

(2) An amount issued out of the Consolidated Revenue Fund for an

administered assets and liabilities item for a Parliamentary

Department may only be applied for expenditure for the purpose of

carrying out activities for the purpose of contributing to achieving

any outcome that is specified in Schedule 1 in relation to the

Parliamentary Department.

Basic appropriations Part 2

Section 10

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 7

10 Other departmental items--basic appropriation

(1) For an other departmental item for a Parliamentary Department, the

Finance Minister may issue out of the Consolidated Revenue Fund

amounts that do not exceed, in total, the amount specified in the

item.

(2) An amount issued out of the Consolidated Revenue Fund for an

other departmental item for a Parliamentary Department may only

be applied for the departmental expenditure of the Parliamentary

Department.

11 Reduction of appropriations upon request

(1) The Finance Minister may, upon written request by the responsible

Presiding Officer, make a written determination under this section

reducing an administered assets and liabilities item, an other

departmental item or a departmental item for an agency by the

amount specified in the determination.

(2) Where a determination is made, the amount specified in the item is

taken to have been reduced by the amount specified in the

determination.

(3) However, a determination is of no effect if the determination has

not been requested under subsection (1).

(4) In addition, a determination reduces an amount specified in the

item only to the extent that the amount of the reduction is no

greater than the lesser of the following:

(a) the amount requested under subsection (1);

(b) the difference between the amount specified in the item and

the amount issued out of the Consolidated Revenue Fund by

the Finance Minister in respect of that item.

(5) For the purposes of paragraph (4)(b), an amount is not taken to

have been issued by the Finance Minister until the amount is paid

out of the Consolidated Revenue Fund.

(6) To avoid doubt, where a previous determination has been made in

relation to an item, the reference in paragraph (4)(b) to the amount

specified in the item is taken to be a reference to the amount

Part 2 Basic appropriations

Section 11

8 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

specified in the item as reduced by that previous determination and

any other previous determination.

(7) To avoid doubt, a determination under this section applies despite

any other provision of this Act.

(8) A determination under subsection (1) is a legislative instrument for

the purposes of the Legislative Instruments Act 2003 and, despite

subsection 44(2) of that Act, section 42 of that Act applies to the

determination. However, Part 6 of that Act does not apply to the

determination.

(9) A written request by a responsible Presiding Officer under

subsection (1) is not a legislative instrument for the purposes of the

Legislative Instruments Act 2003.

Additions to basic appropriations Part 3

Section 12

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 9

Part 3--Additions to basic appropriations

12 Net appropriations

(1) If a section 31 agreement applies to a departmental item, then the

amount specified in the item is taken to be increased in accordance

with the agreement, and on the conditions set out in the agreement.

The increase cannot be more than the relevant receipts covered by

the agreement.

(2) For the purposes of section 31 of the Financial Management and

Accountability Act 1997, each departmental item is taken to be

marked "net appropriation".

13 Departmental items and other departmental items--adjustments

and borrowings

(1) The responsible Presiding Officer may determine that the amount

specified in a departmental item or in an other departmental item is

to be increased by an amount specified in the determination.

(2) The total of the amounts determined for the Department of the

Senate:

(a) under this section; and

(b) under section 13 of the Appropriation (Parliamentary

Departments) Act (No. 1) 2004-2005;

cannot be more than $200,000.

(3) The total of the amounts determined for the Department of the

House of Representatives:

(a) under this section; and

(b) under section 13 of the Appropriation (Parliamentary

Departments) Act (No. 1) 2004-2005;

cannot be more than $200,000.

(4) The total of the amounts determined for the Department of

Parliamentary Services:

Part 3 Additions to basic appropriations

Section 14

10 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

(a) under this section; and

(b) under section 13 of the Appropriation (Parliamentary

Departments) Act (No. 1) 2004-2005;

cannot be more than $200,000.

(5) A determination under subsection (1) is a legislative instrument for

the purposes of the Legislative Instruments Act 2003 but neither

section 42 nor Part 6 of that Act applies to the determination.

14 Advance to the responsible Presiding Officer--unforeseen

expenditure etc.

(1) This section applies if the responsible Presiding Officer is satisfied

that:

(a) there is an urgent need for expenditure that is not provided

for, or is insufficiently provided for, in Schedule 1; and

(b) the additional expenditure is not provided for, or is

insufficiently provided for, in Schedule 1:

(i) because of an erroneous omission or understatement; or

(ii) because the additional expenditure was unforeseen until

after the last day on which it was practicable to provide

for it in the Bill for this Act before that Bill was

introduced into the House of Representatives.

(2) This Act has effect as if Schedule 1 were amended, in accordance

with a determination of the responsible Presiding Officer, to make

provision for so much (if any) of the additional expenditure as the

responsible Presiding Officer determines.

(3) The total of the amounts determined for the Department of the

Senate:

(a) under this section; and

(b) under section 14 of the Appropriation (Parliamentary

Departments) Act (No. 1) 2004-2005;

cannot be more than $300,000.

(4) The total of the amounts determined for the Department of the

House of Representatives:

(a) under this section; and

Additions to basic appropriations Part 3

Section 15

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 11

(b) under section 14 of the Appropriation (Parliamentary

Departments) Act (No. 1) 2004-2005;

cannot be more than $300,000.

(5) The total of the amounts determined for the Department of

Parliamentary Services:

(a) under this section; and

(b) under section 14 of the Appropriation (Parliamentary

Departments) Act (No. 1) 2004-2005;

cannot be more than $1 million.

(6) However, if an amount determined by a responsible Presiding

Officer under section 14 of the Appropriation (Parliamentary

Departments) Act (No. 1) 2004-2005 is recovered from an amount

set out in Schedule 1 to this Act, the determined amount is to be

disregarded for the purposes of subsections (3), (4) and (5).

(7) A determination under subsection (2) is a legislative instrument for

the purposes of the Legislative Instruments Act 2003 but neither

section 42 nor Part 6 of that Act applies to the determination.

15 Comcover receipts

After the commencement of this Act, section 15 of the

Appropriation (Parliamentary Departments) Act (No. 1)

2004-2005 has effect as if the reference to an item included a

reference to an item in the Schedule to this Act.

Note:

Section 15 of the Appropriation (Parliamentary Departments) Act

(No. 1) 2004-2005 provides for amounts to be added to items for a

Parliamentary Department in respect of Comcover payments to the

Parliamentary Department.

Part 4 Miscellaneous

Section 16

12 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

Part 4--Miscellaneous

16 Crediting amounts to Special Accounts

If any of the purposes of a Special Account is a purpose that is

covered by an item (whether or not the item expressly refers to the

Special Account), then amounts may be debited against the

appropriation for that item and credited to that Special Account.

17 Appropriation of the Consolidated Revenue Fund

The Consolidated Revenue Fund is appropriated as necessary for

the purposes of this Act.

Services for which money is appropriated Schedule 1

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 15

SUMMARY

Additional Appropriation (bold figures) -- 2004-2005

Budget Appropriation (italic figures) -- 2004-2005

Departmental Administered

Non-

Agency Outputs

Expenses

operating

Total

$'000

Senate

29,437

1,390

30,827

House of Representatives

121

164

285

31,100

1,212

32,312

Department of Parliamentary Services

93,224

10,600

11,700

115,524

Total: Parliamentary Departments

121

228

349

153,761

13,202

11,700

178,663

Schedule 1 Services for which money is appropriated

16 Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005

SENATE

Additional Appropriation (bold figures) -- 2004-2005

Budget Appropriation (italic figures) -- 2004-2005

Actual Available Appropriation (light figures) -- 2003-2004

Departmental

Administered

Outputs

Expenses

Total

$'000

SENATE

Operating

Outcome 1 -

Effective provision of services to support

the functioning of the Senate as a House

29,437

1,390

30,827

of the Commonwealth Parliament

30,312

1,298

31,610

Total: Senate

Services for which money is appropriated Schedule 1

Appropriation (Parliamentary Departments) Bill (No. 2) 2004-2005 No. , 2005 17

HOUSE OF REPRESENTATIVES

Additional Appropriation (bold figures) -- 2004-2005

Budget Appropriation (italic figures) -- 2004-2005

Actual Available Appropriation (light figures) -- 2003-2004

Departmental

Administered

Outputs

Expenses

Total

$'000

HOUSE OF REPRESENTATIVES

Operating

Outcome 1 -

The House of Representatives fulfils its

121

164

285

role as a representative and legislative

31,100

1,212

32,312

body

31,685

1,198

32,883

Total: House of Representatives

121

164

285

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APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 2) 2004-2005