Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to appropriate additional amounts from the Consolidated
Fund for recurrent services and capital works and services for the years 2008–2009
and 2007–2008 for the purpose of giving effect to certain Budget variations required
by the exigencies of Government.

The additional amounts appropriated for the 2008–2009 year are:

(a) $343,195,000 in adjustment of the vote “Advance to the Treasurer”, and

(b) $10,891,000 for recurrent services in accordance with section 22 (1) of the
Public Finance and Audit Act 1983, and

(c) $520,505,000 for other additional recurrent services.

The additional amounts appropriated for the 2007–2008 year are:

(a) $303,144,000 in adjustment of the vote “Advance to the Treasurer”, and

(b) $240,010,000 for recurrent services and capital works and services in
accordance with section 22 (1) of the Public Finance and Audit Act 1983.

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Appropriation (Budget Variations) Bill 2009
Explanatory note

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides that the proposed Act commences on the date of assent.

Part 2 Budget variations 2008–2009
Clause 3 appropriates the additional amount in adjustment of the vote “Advance to
the Treasurer”, 2008–2009, the details of which are set out in Column 1 of
Schedule 1.

Clause 4 appropriates the additional amounts for recurrent services under section
22 (1) of the Public Finance and Audit Act 1983, the details of which are set out in
Column 2 of Schedule 1. Because these amounts are appropriated by the proposed
Act, subclause (2) removes the requirement of the Public Finance and Audit
Act 1983 that details of them be included in the Appropriation Act for the 2009–2010
financial year.

Clause 5 appropriates the additional amounts for recurrent services, the details of
which are set out in Column 3 of Schedule 1.

Part 3 Budget variations 2007–2008
Clause 6 appropriates the additional amount in adjustment of the vote “Advance to
the Treasurer”, 2007–2008, the details of which are set out in Column 1 of
Schedule 2.

Clause 7 appropriates the additional amounts for recurrent services and capital
works and services under section 22 (1) of the Public Finance and Audit Act 1983,
the details of which are set out in Column 2 of Schedule 2. Because these amounts
are appropriated by the proposed Act, subclause (2) removes the requirement of the
Public Finance and Audit Act 1983 that details of them be included in the
Appropriation Act for the 2009–2010 financial year.

Part 4 General
Clause 8 makes it clear that the sums appropriated by the proposed Act are in
addition to any other sums appropriated in respect of the year 2007–2008 or
2008–2009.

Clause 9 contains miscellaneous provisions concerning the operation of the
proposed Act. Subclause (1) provides that the proposed Act is to be construed as part
of the annual Appropriation Act or Acts. (This emphasises that the appropriations are
part of the budgetary process for the year 2007–2008 or 2008–2009, and ensures that
terms are construed consistently.) Subclause (2) is consequential on subclause (1)
and makes it clear that the appropriations are not limited to meeting shortfalls from

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Appropriation (Budget Variations) Bill 2009
Explanatory note
other appropriations. Subclause (3) validates any payment of the appropriated sums
before the date of assent to the proposed Act. Subclause (3) also provides that the
proposed subsection applies whether or not the proposed Act is assented to during or
after the year 2007–2008 or 2008–2009. (This removes an argument, based on
section 23 of the Public Finance and Audit Act 1983, that the appropriation lapses at
the close of the financial year.)
Clause 10 validates, to the extent (if any) to which it may be necessary to do so, the
expenditure, before the date of assent to the proposed Act, of any sum to which the
proposed Act applies and the approval of that expenditure.

Clause 11 makes it clear that a reference to an agency specified in Schedule 1 or 2
includes any predecessor of the agency that was responsible for the recurrent
services, or capital works and services, specified in relation to the agency in
Schedule 1 or 2 in the financial year concerned. This provision is included because
names of Departments and other agencies may have changed during the financial
year concerned because of administrative changes.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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