2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 (Finance and Deregulation) A Bill for an Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government in relation to water entitlements and home insulation, 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. ........................................................ 3 Part 2--Appropriation items 5 6 Summary of appropriations ............................................................... 5 7 Departmental items ............................................................................ 5 8 Administered items ............................................................................ 5 9 CAC Act body payment items ........................................................... 5 Part 3--Adjusting appropriation items 7 10 Reducing departmental items ............................................................. 7 11 Reducing administered items ............................................................. 7 12 Reducing CAC Act body payment items ........................................... 8 Part 4--Miscellaneous 10 13 Crediting amounts to Special Accounts ........................................... 10 14 Appropriation of the Consolidated Revenue Fund........................... 10 Schedule 1--Services for which money is appropriated 11 i Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] 2 out of the Consolidated Revenue Fund for the 3 ordinary annual services of the Government in 4 relation to water entitlements and home insulation, 5 and for 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 (Water Entitlements 11 and Home Insulation) Act 2009-2010. Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 1 [Page Break] Section 2 1 2 Commencement 2 This Act commences on the day this Act 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 for an Agency 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 CAC Act body means: 14 (a) a Commonwealth authority within the meaning of the 15 Commonwealth Authorities and Companies Act 1997; or 16 (b) a Commonwealth company within the meaning of the 17 Commonwealth Authorities and Companies Act 1997. 18 CAC Act body payment item means the total amount set out in 19 Schedule 1 in relation to a CAC Act body under the heading 20 "Administered Expenses". 21 Note: The amounts set out opposite outcomes for CAC Act bodies, under the 22 heading "Administered Expenses", are "notional". They are not part of 23 the item, and do not in any way restrict the scope of the expenditure 24 authorised by the item. 25 Chief Executive has the same meaning as in the Financial 26 Management and Accountability Act 1997. 27 current year means the financial year ending on 30 June 2010. 28 departmental item means the total amount set out in Schedule 1 in 29 relation to an Agency under the heading "Departmental Outputs". 30 Note: The amounts set out opposite outcomes, under the heading 31 "Departmental Outputs", are "notional". They are not part of the item, 2 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] Section 4 1 and do not in any way restrict the scope of the expenditure authorised 2 by the item. 3 expenditure means payments for expenses, acquiring assets, 4 making loans or paying liabilities. 5 Finance Minister means the Minister administering this Act. 6 item means an administered item, a CAC Act body payment item 7 or a departmental item. 8 Portfolio Budget Statements means the Portfolio Budget 9 Statements that were tabled in the Senate or the House of 10 Representatives in relation to the Bill for the Appropriation Act 11 (No. 1) 2009-2010 and the Bill for the Appropriation Act (No. 2) 12 2009-2010. 13 Portfolio Statements means: 14 (a) the Portfolio Budget Statements; and 15 (b) the Portfolio Supplementary Estimates Statements. 16 Portfolio Supplementary Estimates Statements means the 17 Portfolio Supplementary Estimates Statements that were tabled in 18 the Senate or the House of Representatives in relation to the Bill 19 for this Act and the Bill for the Appropriation (Water Entitlements) 20 Act 2009-2010. 21 Special Account has the same meaning as in the Financial 22 Management and Accountability Act 1997. 23 4 Portfolio Statements 24 The Portfolio Statements are hereby declared to be relevant 25 documents for the purposes of section 15AB of the Acts 26 Interpretation Act 1901. 27 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. 28 5 Notional payments, receipts etc. 29 For the purposes of this Act, notional transactions between 30 Agencies are to be treated as if they were real transactions. Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 3 [Page Break] Section 5 1 Note: This section applies, for example, to a "payment" between Agencies 2 that are both part of the Commonwealth. One of the effects of this 3 section is that the payment will be debited from an appropriation for 4 the paying Agency, even though no payment is actually made from the 5 Consolidated Revenue Fund. 6 4 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] Section 6 1 Part 2--Appropriation items 2 3 6 Summary of appropriations 4 The total of the items specified in Schedule 1 is $700,714,000. 5 Note 1: Items in Schedule 1 can be adjusted under Part 3 of this Act. 6 Note 2: Sections 30 to 32 of the Financial Management and Accountability 7 Act 1997 also provide for adjustments of amounts appropriated by this 8 Act. 9 7 Departmental items 10 The amount specified in a departmental item for an Agency may be 11 applied for the departmental expenditure of the Agency. 12 Note: The Finance Minister manages the expenditure of public money 13 through the issue of drawing rights under the Financial Management 14 and Accountability Act 1997. 15 8 Administered items 16 (1) The amount specified in an administered item for an outcome for 17 an Agency may be applied for expenditure for the purpose of 18 contributing to achieving that outcome. 19 Note: The Finance Minister manages the expenditure of public money 20 through the issue of drawing rights under the Financial Management 21 and Accountability Act 1997. 22 (2) If the Portfolio Statements indicate that activities of a particular 23 kind were intended to be treated as activities in respect of a 24 particular outcome, then expenditure for the purpose of carrying 25 out those activities is taken to be expenditure for the purpose of 26 contributing to achieving the outcome. 27 9 CAC Act body payment items 28 (1) The amount specified in a CAC Act body payment item for a CAC 29 Act body may be paid to the body to be applied for the purposes of 30 the body. Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 5 [Page Break] Section 9 1 Note: The Finance Minister manages the expenditure of public money 2 through the issue of drawing rights under the Financial Management 3 and Accountability Act 1997. 4 (2) If: 5 (a) an Act provides that a CAC Act body must be paid amounts 6 that are appropriated by the Parliament for the purposes of 7 the body; and 8 (b) Schedule 1 contains a CAC Act body payment item for that 9 body; 10 then the body must be paid the full amount specified in the item. 11 6 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] Section 10 1 Part 3--Adjusting appropriation items 2 3 10 Reducing departmental items 4 (1) A written request to reduce a departmental item for an Agency may 5 be made to the Finance Minister by: 6 (a) the Minister who is responsible for the Agency; or 7 (b) if the Finance Minister is responsible for the Agency--the 8 Chief Executive of the Agency. 9 (2) If a request is made under subsection (1), the Finance Minister 10 may, by writing, determine that the item is to be reduced by the 11 amount specified in the request. 12 (3) However, the determination has no effect to the extent that it would 13 reduce the item below nil, after subtracting amounts that have been 14 applied under Part 2 in respect of the item. 15 (4) The item is taken to be reduced in accordance with the 16 determination. 17 (5) A request made under subsection (1) is not a legislative instrument. 18 (6) A determination made under subsection (2) is a legislative 19 instrument and, despite subsection 44(2) of the Legislative 20 Instruments Act 2003, section 42 (disallowance) of that Act applies 21 to the determination. However, Part 6 (sunsetting) of that Act does 22 not apply to the determination. 23 11 Reducing administered items 24 (1) If: 25 (a) an annual report for an Agency for the current year is tabled 26 in the Parliament; and 27 (b) the report specifies the amount required by the Agency in 28 respect of an administered item for the Agency; and 29 (c) the required amount is less than the amount of the item; 30 the item is taken to be reduced to the required amount. Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 7 [Page Break] Section 12 1 (2) The Finance Minister may, by writing, determine that 2 subsection (1): 3 (a) does not apply in relation to the item; or 4 (b) applies as if the amount specified in the annual report were 5 the amount specified in the determination. 6 (3) A determination made under subsection (2) is a legislative 7 instrument and, despite subsection 44(2) of the Legislative 8 Instruments Act 2003, section 42 (disallowance) of that Act applies 9 to the determination. However, Part 6 (sunsetting) of that Act does 10 not apply to the determination. 11 12 Reducing CAC Act body payment items 12 (1) A written request to reduce a CAC Act body payment item for a 13 CAC Act body may be made to the Finance Minister by: 14 (a) the Minister who is responsible for the body; or 15 (b) if the Finance Minister is responsible for the body--the 16 Secretary of the Department. 17 Note: For Department, see subsection 19A(3) of the Acts Interpretation Act 18 1901. 19 (2) If a request is made under subsection (1), the Finance Minister 20 may, by writing, determine that the item is to be reduced by the 21 amount specified in the request. 22 (3) However, the determination has no effect to the extent that it would 23 reduce the item below nil, after subtracting amounts that have been 24 paid to the body in respect of the item. 25 (4) The item is taken to be reduced in accordance with the 26 determination. 27 (5) Subsection 9(2) does not limit the reduction of a CAC Act body 28 payment item under this section. 29 (6) A request made under subsection (1) is not a legislative instrument. 30 (7) A determination made under subsection (2) is a legislative 31 instrument and, despite subsection 44(2) of the Legislative 32 Instruments Act 2003, section 42 (disallowance) of that Act applies 8 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] Section 12 1 to the determination. However, Part 6 (sunsetting) of that Act does 2 not apply to the determination. 3 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 9 [Page Break] Section 13 1 Part 4--Miscellaneous 2 3 13 Crediting amounts to Special Accounts 4 If any of the purposes of a Special Account is a purpose that is 5 covered by an item (whether or not the item expressly refers to the 6 Special Account), then amounts may be debited against the 7 appropriation for that item and credited to that Special Account. 8 14 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. 10 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] Schedule 1--Services for which money is appropriated Note: See sections 6 and 14. Abstract Page Reference Portfolio Total $'000 14 Environment, Water, Heritage and the Arts 700,714 Total 700,714 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 11 [Page Break] APPROPRIATIONS 12 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] SUMMARY Summary of Appropriations (bold figures)--2009-2010 Budget Appropriation (italic figures)--2009-2010 Departmental Administered Portfolio Outputs Expenses Total $'000 $'000 $'000 Agriculture, Fisheries and Forestry - - - 327,702 238,154 565,856 Attorney-General's - - - 3,464,154 670,656 4,134,810 Broadband, Communications and the Digital - - - Economy 260,548 1,311,139 1,571,687 Defence - - - 22,856,981 115,213 22,972,194 Education, Employment and Workplace Relations - - - 1,122,750 6,479,007 7,601,757 Environment, Water, Heritage and the Arts 4,934 695,780 700,714 818,859 4,065,935 4,884,794 Families, Housing, Community Services and - - - Indigenous Affairs 575,752 1,960,034 2,535,786 Finance and Deregulation - - - 321,565 215,832 537,397 Foreign Affairs and Trade - - - 1,474,040 3,492,145 4,966,185 Health and Ageing - - - 672,574 5,757,075 6,429,649 Human Services - - - 4,069,458 11,826 4,081,284 Immigration and Citizenship - - - 1,238,514 511,635 1,750,149 Infrastructure, Transport, Regional Development - - - and Local Government 232,546 733,808 966,354 Innovation, Industry, Science and Research - - - 328,404 1,867,889 2,196,293 Prime Minister and Cabinet - - - 480,293 259,270 739,563 Resources, Energy and Tourism - - - 203,298 1,049,351 1,252,649 Treasury - - - 4,086,855 9,811 4,096,666 Total: 4,934 695,780 700,714 42,534,293 28,748,780 71,283,073 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 13 [Page Break] ENVIRONMENT, WATER, HERITAGE AND THE ARTS PORTFOLIO SUMMARY Summary of Appropriations (bold figures)--2009-2010 Budget Appropriation (italic figures)--2009-2010 Departmental Administered Entity Outputs Expenses Total $'000 $'000 $'000 Department of the Environment, Water, Heritage 4,934 695,780 700,714 and the Arts 485,915 3,659,142 4,145,057 Payments to CAC Act bodies: Australia Council - - 172,051 172,051 Australian Film, Television and Radio School - - 23,656 23,656 Australian National Maritime Museum - - 21,647 21,647 National Film and Sound Archive - - 24,616 24,616 National Gallery of Australia - - 31,492 31,492 National Library of Australia - - 50,044 50,044 National Museum of Australia - - 40,087 40,087 Screen Australia - - 21,901 21,901 Sydney Harbour Federation Trust - - 25 25 Bureau of Meteorology - - - 251,126 20,000 271,126 Great Barrier Reef Marine Park Authority - - - 20,366 900 21,266 Murray-Darling Basin Authority - - - 50,349 - 50,349 National Water Commission - - - 11,103 374 11,477 Total: Environment, Water, Heritage and the 4,934 695,780 700,714 Arts 818,859 4,065,935 4,884,794 14 Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 [Page Break] ENVIRONMENT, WATER, HERITAGE AND THE ARTS PORTFOLIO Supplementary Appropriation (bold figures)--2009-2010 Budget Appropriation (italic figures)--2009-2010 Actual Available Appropriation (light figures)--2008-2009 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS Outcome 2 - Improved capacity of Australian communities - 695,780 695,780 and industry to protect the environment by 58,064 2,143,169 2,201,233 promoting energy efficiency, reducing carbon - - - emissions, and regulating hazardous substances, wastes, pollutants, ozone depleting substances and synthetic greenhouse gases Outcome 4 - Adaptation to climate change, wise water use, 4,934 - 4,934 secure water supplies and improved health of 47,937 976,286 1,024,223 rivers, waterways and freshwater ecosystems 49,837 390,084 439,921 by supporting research, and reforming the management and use of water resources Total: Department of the Environment, Water, 4,934 695,780 700,714 Heritage and the Arts Appropriation (Water Entitlements and Home Insulation) Bill 2009-2010 No. , 2009 15 [Page Break]