ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 63 Commission to prepare draft budget

ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION ACT 1989 No. 150 of 1989 - SECT 63

63. (1) For the purpose of preparing estimates under section 61 for the next
financial year, the Commission shall prepare:

   (a)  a draft budget for that financial year; and

   (b)  a statement for each Regional Council setting out, in respect of that
        financial year:

        (i)    the share of the amount for allocation by Regional Councils
               that is proposed to be allocated for the region concerned;

        (ii)   the amount proposed to be allocated for the administrative
               expenses of the Regional Council;

        (iii)  the amount proposed to be allocated in grants under section 18
               to the State or Territory, and to authorities of the State or
               Territory, in which the region, or most of the region, is
               located; and

        (iv)   the amount proposed to be spent out of the Housing Fund.

(2) The Commission:

   (a)  is not required to prepare more than one draft budget under subsection
        (1) for each financial year; and

   (b)  shall not prepare the draft budget for a financial year until the
        Commission considers that:

        (i)    it is able to make an informed estimate of the amount referred
               to in paragraph (3) (a); and

        (ii)   the Regional Councils will be able to make reasonably detailed
               and realistic proposals for regional expenditure in that
               financial year.

(3) A draft budget for a financial year shall set out the following matters:

   (a)  the amount that the Commission estimates might be appropriated by the
        Parliament for the Commission for that financial year, having regard
        to:

        (i)    the amount appropriated by the Parliament for the Commission
               for the current financial year;

        (ii)   an appropriate inflation factor; and

        (iii)  any other matter that the Commission thinks relevant;

   (b)  the proposed allocation of that amount in accordance with subsections
        (4) and (5).

(4) A draft budget shall, for the purposes of paragraph (3) (b), allocate
amounts under the following headings:
  (a)   amount for allocation by Regional Councils;

  (b)   expenditure under section 14, other than amounts that may be
allocated
by Regional Councils;
  (c)   grants under section 15, other than amounts that may be allocated by

Regional Councils;
  (d)   amount to be paid into the Housing Fund;

  (e)   grants under section 16, other than amounts that may be allocated by

Regional Councils;
  (f)   loans, grants and other expenditure under section 17;

  (g)   grants to the States, the Australian Capital Territory and the
Northern
Territory, and to authorities of the States, the Australian Capital
Territory and the Northern Territory, under section 18;
  (h)   administrative expenses of the Commission and Regional Councils;

  (j)   Community Development Employment Program;

  (k)   Aboriginal Hostels Limited.


(5) A draft budget may, for the purposes of paragraph (3) (b), allocate
amounts under the following headings:

   (a)  programs appropriately conducted on a national basis;

   (b)  expenditure in respect of guarantees given under section 19;

   (c)  additional capital for the Corporation;

   (d)  any other heading approved by the Minister.

(6) The Commission shall give to the Minister a copy of the draft budget, and
of each regional statement, for a financial year.

(7) The Minister shall consider the draft budget and the regional statements.

(8) If the Minister is satisfied, after consulting the Commissioner
representing the Torres Strait zone and the Executive Committee of the
Regional Council for the Torres Strait region, that the amount proposed to be
allocated for the Torres Strait region is not appropriate, the Minister:

   (a)  may alter the regional statement for the Torres Strait region by
        altering the amount for allocation by the Regional Council for the
        Torres Strait region to an amount that the Minister is satisfied is
        appropriate; and

   (b)  if the Minister does so-shall alter the draft budget so as to ensure
        that the total of the amounts of proposed expenditure shown in the
        draft budget is still the same as the amount shown in the draft budget
        given to the Minister under subsection (6).

(9) The Minister shall:

   (a)  if he or she has not made any alterations under subsection (8)-notify
        the Commission that the draft budget and regional statements may be
        given to the Regional Councils; or

   (b)  if he or she has made alterations under subsection (8)-give to the
        Commission a copy of the draft budget and the regional statements as
        so altered.

(10) Where the Minister notifies the Commission under paragraph (9) (a), the
Commission shall give to each Regional Council a copy of the draft budget and
of the regional statement for the region concerned.

(11) Where the Minister gives the Commission copies of the draft budget, and
of the regional statements, under paragraph (9) (b), the Commission shall give
to each Regional Council a copy of the draft budget and of the regional
statement for that region as received from the Minister.

(12) When the Commission gives a Regional Council a copy of a draft budget for
a financial year, it may also give the Regional Council a copy of any
guidelines that the Commission wants the Regional Council to consider in
preparing the Regional Council's draft budget.