APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (NO. 1) 2005-2006 NO. 74, 2005 APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (NO. 1) 2005-2006 NO. 74, 2005 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Short title 2. Commencement 3. Definitions 4. Portfolio Budget Statements 5. Notional payments, receipts etc. PART 2--BASIC APPROPRIATIONS 6. Summary of basic appropriations 7. Departmental items--basic appropriation 8. Administered items--basic appropriation 9. Administered assets and liabilities items--basic appropriation 10. Other departmental items--basic appropriation 11. Reduction of appropriations on request PART 3--ADDITIONS TO BASIC APPROPRIATIONS 12. Net appropriations 13. Departmental items and other departmental items--adjustments and borrowings 14. Advance to the responsible Presiding Officer 15. Comcover receipts PART 4--MISCELLANEOUS 16. Crediting amounts to Special Accounts 17. Appropriation of the Consolidated Revenue Fund SCHEDULE 1 - Services for which money is appropriated APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (NO. 1) 2005-2006 NO. 74, 2005 - LONG TITLE [GRAPHIC] Appropriation (Parliamentary Departments) Act (No. 1) 2005-2006 No. 74, 2005 An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 1 Short title This Act may be cited as the Appropriation (Parliamentary Departments) Act (No. 1) 2005-2006. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 2 Commencement This Act commences on the day on which it receives the Royal Assent. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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 2006. "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) an administered item; (c) an administered assets and liabilities item; (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 (c) opposite the heading "Previous Years' Outputs". "Parliamentary Department" means any of the following: (a) the Department of the Senate; (b) the Department of the House of Representatives; (c) the Department of Parliamentary Services. "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 this Act. "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 (c) in relation to the Department of Parliamentary Services--the 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 4 Portfolio Budget Statements (1) The Portfolio Budget 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 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 6 Summary of basic appropriations The total of the items specified in Schedule 1 is $167,413,000. Note 1: Items in Schedule 1 can be increased under Part 3 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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; 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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 made under paragraph (1)(b) is not a legislative instrument. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 11 Reduction of appropriations on request (1) The Finance Minister may, upon written request by the responsible Presiding Officer, make a written determination under this section reducing a departmental item, an administered assets and liabilities item or an other 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 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 made under subsection (1) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, 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 made under subsection (1) is not a legislative instrument. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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". APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 13 Departmental items and other departmental items--adjustments and borrowings (1) The responsible Presiding Officer may, during the current year, 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 under subsection (1) for the Department of the Senate cannot be more than $200,000. (3) The total of the amounts determined under subsection (1) for the Department of the House of Representatives cannot be more than $200,000. (4) The total of the amounts determined under subsection (1) for the Department of Parliamentary Services cannot be more than $200,000. (5) A determination made under subsection (1) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the determination. (6) After the commencement of this Act, a determination must not be made under, or for the purposes of: (a) section 10 of the Appropriation (Parliamentary Departments) Act 1999-2000; or (b) section 12 of the Appropriation (Parliamentary Departments) Act (No. 1) 2000-2001; or (c) section 12 of the Appropriation (Parliamentary Departments) Act (No. 2) 2000-2001; or (d) section 12 of the Appropriation (Parliamentary Departments) Act (No. 1) 2001-2002; or (e) section 12 of the Appropriation (Parliamentary Departments) Act (No. 2) 2001-2002; or (f) section 12 of the Appropriation (Parliamentary Departments) Act (No. 1) 2002-2003; or (g) section 12 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003-2004; or (h) section 14 of the Appropriation (Parliamentary Departments) Act (No. 2) 2003-2004; or (i) section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2004-2005; or (j) section 13 of the Appropriation (Parliamentary Departments) Act (No. 2) 2004-2005. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 14 Advance to the responsible Presiding Officer (1) This section applies if the responsible Presiding Officer is satisfied that: (a) there is an urgent need for expenditure in the current year; and (b) the 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 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 expenditure as the responsible Presiding Officer determines. (3) The total of the amounts determined under subsection (2) for the Department of the Senate cannot be more than $300,000. (4) The total of the amounts determined under subsection (2) for the Department of the House of Representatives cannot be more than $300,000. (5) The total of the amounts determined under subsection (2) for the Department of Parliamentary Services cannot be more than $1 million. (6) A determination made under subsection (2) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the determination. (7) After the commencement of this Act, a determination must not be made under, or for the purposes of: (a) section 11 of the Appropriation (Parliamentary Departments) Act 1999-2000; or (b) section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2000-2001; or (c) section 13 of the Appropriation (Parliamentary Departments) Act (No. 2) 2000-2001; or (d) section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2001-2002; or (e) section 13 of the Appropriation (Parliamentary Departments) Act (No. 2) 2001-2002; or (f) section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2002-2003; or (g) section 13 of the Appropriation (Parliamentary Departments) Act (No. 1) 2003-2004; or (h) section 15 of the Appropriation (Parliamentary Departments) Act (No. 2) 2003-2004; or (i) section 14 of the Appropriation (Parliamentary Departments) Act (No. 1) 2004-2005; or (j) section 14 of the Appropriation (Parliamentary Departments) Act (No. 2) 2004-2005. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 15 Comcover receipts (1) This section applies whenever an amount (the Comcover payment) is debited from The Comcover Account in respect of a payment to a Parliamentary Department. Note: The Comcover Account is a Special Account for the purposes of the Financial Management and Accountability Act 1997. (2) Amounts totalling the full amount of the Comcover payment must be added to an item or items for the Parliamentary Department. (3) The items and respective amounts are to be determined by the responsible Presiding Officer. In making a determination, the responsible Presiding Officer must comply with any written directions given by the Finance Minister. (4) The responsible Presiding Officer may delegate his or her powers under this section to the Chief Executive of the Parliamentary Department. (5) Neither a determination nor a written direction made under subsection (3) is a legislative instrument. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 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. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (No. 1) 2005-2006 No. 74, 2005 - SECT 17 Appropriation of the Consolidated Revenue Fund The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act. APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (NO. 1) 2005-2006 NO. 74, 2005 - SCHEDULE 1 - Services for which money is appropriated Note: See sections 6 and 17. Abstract Page Reference Departments Total $'000 17 Senate 20,386 18 House of Representatives 23,071 19 Department of Parliamentary Services 123,956 Total 167,413 APPROPRIATIONS SUMMARY Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Non- Agency Outputs Expenses operating Total $'000 $'000 $'000 $'000 Senate 19,618 768 - 20,386 19,602 1,454 - 21,056 House of Representatives 21,706 1,365 - 23,071 21,443 1,376 - 22,819 Department of Parliamentary Services 112,850 10,630 476 123,956 112,731 10,600 11,700 135,031 Total: Parliamentary Departments 154,174 12,763 476 167,413 153,776 13,430 11,700 178,906 SENATE Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 SENATE Operating Outcome 1 - Effective provision of services to support 19,618 768 20,386 the functioning of the Senate as a House of the Commonwealth Parliament 19,602 1,454 21,056 Total: Senate 19,618 768 20,386 19,602 1,454 21,056 HOUSE OF REPRESENTATIVES Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 HOUSE OF REPRESENTATIVES Operating Outcome 1 - The House of Representatives fulfils its 21,706 1,365 23,071 role as a representative and legislative body 21,443 1,376 22,819 Total: House of Representatives 21,706 1,365 23,071 21,443 1,376 22,819 DEPARTMENT OF PARLIAMENTARY SERVICES Appropriation (plain figures)--2005-2006 Actual Available Appropriation (italic figures)--2004-2005 Departmental Administered Outputs Expenses Total $'000 $'000 $'000 DEPARTMENT OF PARLIAMENTARY SERVICES Operating Outcome 1 - Occupants of Parliament House are 112,850 10,630 123,480 supported by integrated services and facilities, Parliament functions effectively and its work and building are accessible to the public 112,731 10,600 123,331 Total: Operating 112,850 10,630 123,480 112,731 10,600 123,331 Non-operating Equity Injections 476 - Administered Assets and Liabilities - 11,700 Total: Non-operating 476 11,700 Total: Department of Parliamentary 112,850 10,630 123,956 Services 112,731 10,600 135,031 APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (NO. 1) 2005-2006 NO. 74, 2005 - NOTES Compilation Information [GRAPHIC] Appropriation (Parliamentary Departments) Act (No. 1) 2005-2006 No. 74, 2005 An Act to appropriate money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes [Assented to 29 June 2005] The Parliament of Australia enacts: APPROPRIATION (PARLIAMENTARY DEPARTMENTS) ACT (NO. 1) 2005-2006 NO. 74, 2005 - NOTES Note [Minister's second reading speech made in-- House of Representatives on 10 May 2005 Senate on 21 June 2005] (56/05)