2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 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 the Economic Security Strategy, 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 State, ACT, NT and local government items...................................... 5 8 Administered items ............................................................................. 5 9 Administered assets and liabilities items ............................................ 6 10 Other departmental items.................................................................... 6 11 CAC Act body payment items ............................................................ 7 Part 3--Adjusting appropriation items 8 12 Reducing State, ACT, NT and local government items and administered items .............................................................................. 8 13 Reducing administered assets and liabilities items and other departmental items.............................................................................. 8 14 Reducing CAC Act body payment items............................................ 9 Part 4--Miscellaneous 11 15 Crediting amounts to Special Accounts............................................ 11 16 Conditions etc. applying to State, ACT, NT and local government items.............................................................................. 11 17 Appropriation of the Consolidated Revenue Fund ........................... 12 Schedule 1--Payments to or for the States, ACT, NT and local government 13 Schedule 2--Services for which money is appropriated 14 i Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] 2 Consolidated Revenue Fund for certain 3 expenditure in relation to the Economic Security 4 Strategy, 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 (Economic Security 10 Strategy) Act (No. 2) 2008-2009. Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 1 [Page Break] Section 2 1 2 Commence ment 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 the amount set out 7 in Schedule 2 in relation to an Agency opposite the heading 8 "Administered Assets and Liabilities". 9 administered item means an amount set out in Schedule 2 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 2 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 2009. 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 (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] Section 4 1 item means any of the following: 2 (a) a State, ACT, NT and local government item; 3 (b) an administered item; 4 (c) an administered assets and liabilities item; 5 (d) an other departmental item; 6 (e) a CAC Act body payment item. 7 other departmental item means an amount set out in Schedule 2 in 8 relation to an Agency: 9 (a) opposite the heading "Equity Injections"; or 10 (b) opposite the heading "Loans"; or 11 (c) opposite the heading "Previous Years' Outputs". 12 Portfolio Budget Statements means the Portfolio Budget 13 Statements that were tabled in the Senate or the House of 14 Representatives in relation to the Bill for the Appropriation Act 15 (No. 1) 2008-2009 and the Bill for the Appropriation Act (No. 2) 16 2008-2009. 17 Portfolio Supplementary Estimates Statements means the 18 Portfolio Supplementary Estimates Statements that were tabled in 19 the Senate or the House of Representatives in relation to the Bill 20 for this Act and the Bill for the Appropriation (Economic Security 21 Strategy) Act (No. 1) 2008-2009. 22 Special Account has the same meaning as in the Financial 23 Management and Accountability Act 1997. 24 State, ACT, NT and local government item means an amount set 25 out in Schedule 2 opposite an outcome for an Agency under the 26 heading "Payments to States, ACT, NT and local government". 27 4 Portfolio Statements 28 The Portfolio Budget Statements and Portfolio Supplementary 29 Estimates Statements are hereby declared to be relevant documents 30 for the purposes of section 15AB of the Acts Interpretation Act 31 1901. 32 Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901. Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 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 (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] Section 6 1 2 Part 2--Appropriation items 3 4 6 Summary of appropriations 5 The total of the items specified in Schedule 2 is $1,184,833,000. 6 Note 1: Items in Schedule 2 can be adjusted under Part 3 of this Act. 7 Note 2: See also sections 30 to 32 of the Financial Management and 8 Accountability Act 1997, which provide for adjustments of amounts 9 appropriated by this Act. 10 7 State, ACT, NT and local government ite ms 11 (1) The amount specified in a State, ACT, NT and local government 12 item for an outcome for an Agency may be applied for the purpose 13 of making payments to or for the States, the Australian Capital 14 Territory, the Northern Territory and local government authorities 15 for the purpose of contributing to achieving that outcome. 16 Note: The Finance M inister 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 the Portfolio Budget Statements or Portfolio Supplementary 20 Estimates Statements indicate that activities of a particular kind 21 were intended to be treated as activities in respect of a particular 22 outcome, then expenditure for the purpose of carrying out those 23 activities is taken to be expenditure for the purpose of contributing 24 to achieving the outcome. 25 8 Administered ite ms 26 (1) The amount specified in an administered item for an outcome for 27 an Agency may be applied for expenditure for the purpose of 28 contributing to achieving that outcome. 29 Note: The Finance M inister manages the expenditure of public money 30 through the issue of drawing rights under the Financial Management 31 and Accountability Act 1997. Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 5 [Page Break] Section 9 1 (2) If the Portfolio Budget Statements or Portfolio Supplementary 2 Estimates Statements indicate that activities of a particular kind 3 were intended to be treated as activities in respect of a particular 4 outcome, then expenditure for the purpose of carrying out those 5 activities is taken to be expenditure for the purpose of contributing 6 to achieving the outcome. 7 9 Administered assets and liabilities items 8 (1) The amount specified in an administered assets and liabilities item 9 for an Agency may be applied for expenditure for the purpose of 10 contributing to achieving any outcome specified for the Agency: 11 (a) in Schedule 2 to this Act; or 12 (b) in Schedule 1 to the Appropriation (Economic Security 13 Strategy) Act (No. 1) 2008-2009; or 14 (c) in Schedule 2 to the Appropriation Act (No. 2) 2008-2009; or 15 (c) in Schedule 1 to the Appropriation Act (No. 1) 2008-2009. 16 Note: The Finance M inister 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 the Portfolio Budget Statements or Portfolio Supplementary 20 Estimates Statements indicate that activities of a particular kind 21 were intended to be treated as activities in respect of a particular 22 outcome, then expenditure for the purpose of carrying out those 23 activities is taken to be expenditure for the purpose of contributing 24 to achieving the outcome. 25 10 Other departme ntal ite ms 26 The amount specified in an other departmental item for an Agency 27 may be applied for the departmental expenditure of the Agency. 28 Note: The Finance M inister manages the expenditure of public money 29 through the issue of drawing rights under the Financial Management 30 and Accountability Act 1997. 6 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] Section 11 1 11 CAC Act body payme nt items 2 (1) The amount specified in a CAC Act body payment item for a CAC 3 Act body may be paid to the body to be applied for the purposes of 4 the body. 5 Note: The Finance M inister manages the expenditure of public money 6 through the issue of drawing rights under the Financial Management 7 and Accountability Act 1997. 8 (2) If: 9 (a) an Act provides that a CAC Act body must be paid amounts 10 that are appropriated by the Parliament for the purposes of 11 the body; and 12 (b) Schedule 2 contains a CAC Act body payment item for that 13 body; 14 then the body must be paid the full amount specified in the item. 15 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 7 [Page Break] Section 12 1 2 Part 3--Adjusting appropriation items 3 4 12 Reducing State, ACT, NT and local gove rnment ite ms and 5 administered items 6 (1) If: 7 (a) an annual report for an Agency for the current year is tabled 8 in the Parliament; and 9 (b) the report specifies the amount required by an Agency in 10 respect of: 11 (i) a State, ACT, NT and local government item for the 12 Agency; or 13 (ii) an administered item for the Agency; and 14 (c) the required amount is less than the amount of the item; 15 the item is taken to be reduced to the required amount. 16 (2) The Finance Minister may, by writing, determine that 17 subsection (1): 18 (a) does not apply in relation to the item; or 19 (b) applies as if the amount specified in the annual report were 20 the amount specified in the determination. 21 (3) A determination made under subsection (2) is a legislative 22 instrument and, despite subsection 44(2) of the Legislative 23 Instruments Act 2003, section 42 (disallowance) of that Act applies 24 to the determination. However, Part 6 (sunsetting) of that Act does 25 not apply to the determination. 26 13 Reducing administered assets and liabilities items and othe r 27 departme ntal ite ms 28 (1) A written request to reduce an administered assets and liabilities 29 item or an other departmental item for an Agency may be made to 30 the Finance Minister by: 31 (a) the Minister who is responsible for the Agency; or 8 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] Section 14 1 (b) if the Finance Minister is responsible for the Agency--the 2 Chief Executive of the Agency. 3 (2) If a request is made under subsection (1), the Finance Minister 4 may, by writing, determine that the item is to be reduced by the 5 amount specified in the request. 6 (3) However, the determination has no effect to the extent that it would 7 reduce the item below nil, after subtracting amounts that have been 8 applied under Part 2 in respect of the item. 9 (4) The item is taken to be reduced in accordance with the 10 determination. 11 (5) A request made under subsection (1) is not a legislative instrument. 12 (6) A determination made under subsection (2) is a legislative 13 instrument and, despite subsection 44(2) of the Legislative 14 Instruments Act 2003, section 42 (disallowance) of that Act applies 15 to the determination. However, Part 6 (sunsetting) of that Act does 16 not apply to the determination. 17 14 Reducing CAC Act body payme nt items 18 (1) A written request to reduce a CAC Act body payment item for a 19 CAC Act body may be made to the Finance Minister by: 20 (a) the Minister who is responsible for the body; or 21 (b) if the Finance Minister is responsible for the body--the 22 Secretary of the Department. 23 Note: For Department, see subsection 19A(3) of the Acts Interpretation Act 24 1901. 25 (2) If a request is made under subsection (1), the Finance Minister 26 may, by writing, determine that the item is to be reduced by the 27 amount specified in the request. 28 (3) However, the determination has no effect to the extent that it would 29 reduce the item below nil, after subtracting amounts that have been 30 paid to the body in respect of the item. 31 (4) The item is taken to be reduced in accordance with the 32 determination. Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 9 [Page Break] Section 14 1 (5) Subsection 11(2) does not limit the reduction of a CAC Act body 2 payment item under this section. 3 (6) A request made under subsection (1) is not a legislative instrument. 4 (7) A determination made under subsection (2) is a legislative 5 instrument and, despite subsection 44(2) of the Legislative 6 Instruments Act 2003, section 42 (disallowance) of that Act applies 7 to the determination. However, Part 6 (sunsetting) of that Act does 8 not apply to the determination. 9 10 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] Section 15 1 2 Part 4--Miscellaneous 3 4 15 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 16 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. Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 11 [Page Break] Section 17 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 17 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. 12 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] Schedule 1--Payments to or for the States, ACT, NT and local government Note: See section 16. Column 1 Column 2 Column 3 Column 4 Minister Minister determining determining Entity Outcome conditions payments Department of the Effective government spending Treasurer Treasurer Treasury arrangements Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 13 [Page Break] Schedule 2--Services for which money is appropriated Note: See sections 6 and 17. Abstract Page Reference Portfolio Total $'000 17 Treasury 1,184,883 Total 1,184,883 14 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] APPROPRIATIONS Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 15 [Page Break] SUMMARY Supplementary Appropriations (bold figures)--2008-2009 Budget Appropriation (italic figures)--2008-2009 Payments to States, ACT, New NT and local Administered Non- Portfolio government Expenses operating Total $'000 $'000 $'000 $'000 Agric ulture, Fisheries and Forestry - - - - 527,907 - 3,950 531,857 Attorney-General's - - - - 323,625 - 289,726 613,351 Broadband, Communications and the - - - - Digital Economy - - 17,833 17,833 Defence - - - - 42,614 - 2,377,805 2,420,419 Education, Employment and - - - - Workplace Relations 807,843 - 11,567 819,410 Environment, Water, Heritage and the - - - - Arts 117,014 - 75,330 192,344 Families, Housing, Community - - - - Services and Indigenous Affairs 2,618,444 - 54,738 2,673,182 Finance and Deregulation - - - - - - 206,240 206,240 Foreign Affairs and Trade - - - - - - 314,530 314,530 Health and Ageing - - - - 1,787,684 - 131,379 1,919,063 Human Services - - - - - - 20,292 20,292 Immigration and Citizenship - - - - 4,196 - 36,124 40,320 Infrastructure, Transport, Regional - - - - Development and Local 2,485,497 - - 2,485,497 Government Innovation, Industry, Science and - - - - Research - - 71,131 71,131 Prime Minister and Cabinet - - - - - - 14,636 14,636 Resources, Energy and Tourism - - - - 55,486 - 2,925 58,411 Treasury 1,184,883 - - 1,184,883 81,833 - 210,573 292,406 Total: Bill 2 1,184,883 - - 1,184,883 8,852,143 - 3,838,779 12,690,922; 16 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break] TREASURY PORTFOLIO SUMMARY Supplementary Appropriations (bold figures)--2008-2009 Budget Appropriation (italic figures)--2008-2009 Payments to States, ACT, New NT and local Administered Non- Entity government Expenses operating Total $'000 $'000 $'000 $'000 Department of the Treasury 1,184,883 - - 1,184,883 81,833 - 89,385 171,218 Australian Bureau of Statis tics - - - - - - 5,365 5,365 Australian Competition and Consumer - - - - Commission - - 4,247 4,247 Australian Prudential Regulation - - - - Authority - - 1,865 1,865 Australian Securities and Investments - - - - Commission - - 17,117 17,117 Australian Taxation Offic e - - - - - - 82,615 82,615 Royal Australian Mint - - - - - - 9,979 9,979 Total: Treasury 1,184,883 - - 1,184,883 81,833 - 210,573 292,406 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 17 [Page Break] TREASURY PORTFOLIO Supplementary Appropriation (bold figures)--2008-2009 Budget Appropriation (italic figures)--2008-2009 Actual Available Appropriation (light figures)--2007-2008 Payments to States, ACT, New NT and local Administered government Expenses Total $'000 $'000 $'000 DEPARTMENT OF THE TREASURY Operating Outcome 2 - Effective government spending arrangements 1,184,883 - 1,184,883 74,713 - 74,713 80,000 - 80,000 Total: Department of the Treasury 1,184,883 - 1,184,883 18 Appropriation (Economic Security Strategy) Bill (No. 2) 2008-2009 No. , 2008 [Page Break]