2008-2009 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 (Finance and Deregulation) A Bill for an Act to appropriate additional money out of the Consolidated Revenue Fund for certain expenditure in relation to water entitlements, 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--Appropriation items 5 6 Summary of appropriations ............................................................... 5 7 Administered items ............................................................................ 5 8 Administered assets and liabilities items ........................................... 5 9 Other departmental items ................................................................... 6 10 CAC Act body payment items ........................................................... 6 Part 3--Adjusting appropriation items 7 11 Reducing administered items ............................................................. 7 12 Reducing administered assets and liabilities items and other departmental items ............................................................................. 7 13 Reducing CAC Act body payment items ........................................... 8 Part 4--Miscellaneous 10 14 Crediting amounts to Special Accounts ........................................... 10 15 Appropriation of the Consolidated Revenue Fund........................... 10 Schedule 1--Services for which money is appropriated 11 i Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 [Page Break] 2 out of the Consolidated Revenue Fund for certain 3 expenditure in relation to water entitlements, and 4 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 (Water Entitlements) 10 Act 2009-2010. Appropriation (Water Entitlements) 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 assets and liabilities item means an amount set out in 7 Schedule 1 in relation to an Agency opposite the heading 8 "Administered Assets and Liabilities". 9 administered item means an amount set out in Schedule 1 opposite 10 an outcome for an Agency 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 CAC Act body means: 17 (a) a Commonwealth authority within the meaning of the 18 Commonwealth Authorities and Companies Act 1997; or 19 (b) a Commonwealth company within the meaning of the 20 Commonwealth Authorities and Companies Act 1997. 21 CAC Act body payment item means the amount set out in 22 Schedule 1 in relation to a CAC Act body under the heading 23 "Non-operating". 24 Chief Executive has the same meaning as in the Financial 25 Management and Accountability Act 1997. 26 current year means the financial year ending on 30 June 2010. 27 expenditure means payments for expenses, acquiring assets, 28 making loans or paying liabilities. 29 Finance Minister means the Minister administering this Act. 2 Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 [Page Break] Section 4 1 item means any of the following: 2 (a) an administered item; 3 (b) an administered assets and liabilities item; 4 (c) an other departmental item; 5 (d) a CAC Act body payment item. 6 other departmental item means an amount set out in Schedule 1 in 7 relation to an Agency: 8 (a) opposite the heading "Equity Injections"; or 9 (b) opposite the heading "Loans"; or 10 (c) opposite the heading "Previous Years' Outputs". 11 Portfolio Budget Statements means the Portfolio Budget 12 Statements that were tabled in the Senate or the House of 13 Representatives in relation to the Bill for the Appropriation Act 14 (No. 1) 2009-2010 and the Bill for the Appropriation Act (No. 2) 15 2009-2010. 16 Portfolio Statements means: 17 (a) the Portfolio Budget Statements; and 18 (b) the Portfolio Supplementary Estimates Statements. 19 Portfolio Supplementary Estimates Statements means the 20 Portfolio Supplementary Estimates Statements that were tabled in 21 the Senate or the House of Representatives in relation to the Bill 22 for this Act and the Bill for the Appropriation (Water Entitlements 23 and Home Insulation) Act 2009-2010. 24 Special Account has the same meaning as in the Financial 25 Management and Accountability Act 1997. 26 4 Portfolio Statements 27 The Portfolio Statements are hereby declared to be relevant 28 documents for the purposes of section 15AB of the Acts 29 Interpretation Act 1901. 30 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 3 [Page Break] 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. 9 4 Appropriation (Water Entitlements) 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 $650,000,000. 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 Administered items 10 (1) The amount specified in an administered item for an outcome for 11 an Agency may be applied for expenditure for the purpose of 12 contributing to achieving that outcome. 13 Note: The Finance Minister manages the expenditure of public money 14 through the issue of drawing rights under the Financial Management 15 and Accountability Act 1997. 16 (2) If the Portfolio Statements indicate that activities of a particular 17 kind were intended to be treated as activities in respect of a 18 particular outcome, then expenditure for the purpose of carrying 19 out those activities is taken to be expenditure for the purpose of 20 contributing to achieving the outcome. 21 8 Administered assets and liabilities items 22 (1) The amount specified in an administered assets and liabilities item 23 for an Agency may be applied for expenditure for the purpose of 24 contributing to achieving any outcome specified for the Agency: 25 (a) in Schedule 1 to this Act; or 26 (b) in Schedule 1 to the Appropriation (Water Entitlements and 27 Home Insulation) Act 2009-2010; or 28 (c) in Schedule 2 to the Appropriation Act (No. 2) 2009-2010; or 29 (d) in Schedule 1 to the Appropriation Act (No. 1) 2009-2010. 30 Note: The Finance Minister manages the expenditure of public money 31 through the issue of drawing rights under the Financial Management 32 and Accountability Act 1997. Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 5 [Page Break] Section 9 1 (2) If the Portfolio Statements indicate that activities of a particular 2 kind were intended to be treated as activities in respect of a 3 particular outcome, then expenditure for the purpose of carrying 4 out those activities is taken to be expenditure for the purpose of 5 contributing to achieving the outcome. 6 9 Other departmental items 7 The amount specified in an other departmental item for an Agency 8 may be applied for the departmental expenditure of the Agency. 9 Note: The Finance Minister manages the expenditure of public money 10 through the issue of drawing rights under the Financial Management 11 and Accountability Act 1997. 12 10 CAC Act body payment items 13 (1) The amount specified in a CAC Act body payment item for a CAC 14 Act body may be paid to the body to be applied for the purposes of 15 the body. 16 Note: The Finance Minister manages the expenditure of public money 17 through the issue of drawing rights under the Financial Management 18 and Accountability Act 1997. 19 (2) If: 20 (a) an Act provides that a CAC Act body must be paid amounts 21 that are appropriated by the Parliament for the purposes of 22 the body; and 23 (b) Schedule 1 contains a CAC Act body payment item for that 24 body; 25 then the body must be paid the full amount specified in the item. 26 6 Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 [Page Break] Section 11 1 Part 3--Adjusting appropriation items 2 3 11 Reducing administered items 4 (1) If: 5 (a) an annual report for an Agency for the current year is tabled 6 in the Parliament; and 7 (b) the report specifies the amount required by an Agency in 8 respect of an administered item for the Agency; and 9 (c) the required amount is less than the amount of the item; 10 the item is taken to be reduced to the required amount. 11 (2) The Finance Minister may, by writing, determine that 12 subsection (1): 13 (a) does not apply in relation to the item; or 14 (b) applies as if the amount specified in the annual report were 15 the amount specified in the determination. 16 (3) A determination made under subsection (2) is a legislative 17 instrument and, despite subsection 44(2) of the Legislative 18 Instruments Act 2003, section 42 (disallowance) of that Act applies 19 to the determination. However, Part 6 (sunsetting) of that Act does 20 not apply to the determination. 21 12 Reducing administered assets and liabilities items and other 22 departmental items 23 (1) A written request to reduce an administered assets and liabilities 24 item or an other departmental item for an Agency may be made to 25 the Finance Minister by: 26 (a) the Minister who is responsible for the Agency; or 27 (b) if the Finance Minister is responsible for the Agency--the 28 Chief Executive of the Agency. 29 (2) If a request is made under subsection (1), the Finance Minister 30 may, by writing, determine that the item is to be reduced by the 31 amount specified in the request. Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 7 [Page Break] Section 13 1 (3) However, the determination has no effect to the extent that it would 2 reduce the item below nil, after subtracting amounts that have been 3 applied under Part 2 in respect of the item. 4 (4) The item is taken to be reduced in accordance with the 5 determination. 6 (5) A request made under subsection (1) is not a legislative instrument. 7 (6) A determination made under subsection (2) is a legislative 8 instrument and, despite subsection 44(2) of the Legislative 9 Instruments Act 2003, section 42 (disallowance) of that Act applies 10 to the determination. However, Part 6 (sunsetting) of that Act does 11 not apply to the determination. 12 13 Reducing CAC Act body payment items 13 (1) A written request to reduce a CAC Act body payment item for a 14 CAC Act body may be made to the Finance Minister by: 15 (a) the Minister who is responsible for the body; or 16 (b) if the Finance Minister is responsible for the body--the 17 Secretary of the Department. 18 Note: For Department, see subsection 19A(3) of the Acts Interpretation Act 19 1901. 20 (2) If a request is made under subsection (1), the Finance Minister 21 may, by writing, determine that the item is to be reduced by the 22 amount specified in the request. 23 (3) However, the determination has no effect to the extent that it would 24 reduce the item below nil, after subtracting amounts that have been 25 paid to the body in respect of the item. 26 (4) The item is taken to be reduced in accordance with the 27 determination. 28 (5) Subsection 10(2) does not limit the reduction of a CAC Act body 29 payment item under this section. 30 (6) A request made under subsection (1) is not a legislative instrument. 8 Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 [Page Break] Section 13 1 (7) A determination made under subsection (2) is a legislative 2 instrument and, despite subsection 44(2) of the Legislative 3 Instruments Act 2003, section 42 (disallowance) of that Act applies 4 to the determination. However, Part 6 (sunsetting) of that Act does 5 not apply to the determination. 6 Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 9 [Page Break] Section 14 1 Part 4--Miscellaneous 2 3 14 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 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. 10 Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 [Page Break] Schedule 1--Services for which money is appropriated Note: See sections 6 and 15. Abstract Page Reference Portfolio Total $'000 14 Environment, Water, Heritage and the Arts 650,000 Total 650,000 Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 11 [Page Break] APPROPRIATIONS 12 Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 [Page Break] SUMMARY Summary of Appropriations (bold figures)--2009-2010 Budget Appropriation (italic figures)--2009-2010 Payments to States, ACT, New NT and local Administered Non- Portfolio government Expenses operating Total $'000 $'000 $'000 $'000 Agriculture, Fisheries and Forestry - - - - - - 1,533 1,533 Attorney-General's - - - - - - 117,001 117,001 Broadband, Communications and the - - - - Digital Economy 1,244 - 29,519 30,763 Defence - - - - - - 4,383,971 4,383,971 Education, Employment and - - - - Workplace Relations 3,734,221 - 49,072 3,783,293 Environment, Water, Heritage and the - - 650,000 650,000 Arts 19,470 - 627,475 646,945 Families, Housing, Community - - - - Services and Indigenous Affairs - - 169,002 169,002 Finance and Deregulation - - - - - - 120,902 120,902 Foreign Affairs and Trade - - - - - - 208,157 208,157 Health and Ageing - - - - 2,300 - 53,858 56,158 Human Services - - - - - - 56,918 56,918 Immigration and Citizenship - - - - - - 31,820 31,820 Infrastructure, Transport, Regional - - - - Development and Local Government 780,386 - 3,797 784,183 Innovation, Industry, Science and - - - - Research - - 76,894 76,894 Prime Minister and Cabinet - - - - - - 86,390 86,390 Resources, Energy and Tourism - - - - - - 2,330 2,330 Treasury - - - - - - 72,368 72,368 Total: - - 650,000 650,000 4,537,621 - 6,091,007 10,628,628 Appropriation (Water Entitlements) 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 Payments to States, ACT, New NT and local Administered Non- Entity government Expenses operating Total $'000 $'000 $'000 $'000 Department of the Environment, - - 650,000 650,000 Water, Heritage and the Arts 19,470 - 533,470 552,940 Payments to CAC Act bodies: Australian National Maritime - - Museum 1,608 1,608 National Film and Sound Archive - - 612 612 National Gallery of Australia - - 32,956 32,956 National Library of Australia - - 9,743 9,743 National Museum of Australia - - 1,863 1,863 Sydney Harbour Federation Trust - - 16,500 16,500 Bureau of Meteorology - - - - - - 17,181 17,181 Great Barrier Reef Marine Park - - - - Authority - - 20 20 Murray-Darling Basin Authority - - - - - - 13,522 13,522 Total: Environment, Water, Heritage - - 650,000 650,000 and the Arts 19,470 - 627,475 646,945 14 Appropriation (Water Entitlements) 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 Payments to States, ACT, New NT and local Administered government Expenses Total $'000 $'000 $'000 DEPARTMENT OF THE ENVIRONMENT, WATER, HERITAGE AND THE ARTS Non-operating Administered Assets and Liabilities 650,000 527,970 402,433 Total: Non-operating 650,000 Total: Department of the Environment, Water, - - 650,000 Heritage and the Arts Appropriation (Water Entitlements) Bill 2009-2010 No. , 2009 15 [Page Break]