Victorian Consolidated Legislation

Constitution Act 1975 - SECT 65

Annual Appropriation Bills

65. Annual Appropriation Bills



(1) In this section Annual Appropriation Bill means a Bill which deals only
with the annual appropriation of the Consolidated Fund for the ordinary annual
services of the Government for a particular year only but does not include a
Bill to appropriate money for appropriations for or relating to the
Parliament.

(2) For the purposes of subsection (1), ordinary annual services includes-

   (a)  the construction or acquisition of public works, land or buildings;
        and

   (b)  the construction or acquisition of plant or equipment which normally
        would be regarded as involving an expenditure of capital; and

   (c)  services proposed to be provided by the Government which have not
        formerly been provided by the Government.

(3) An Annual Appropriation Bill must deal only with appropriation.





(4) Subsection (5) applies if an Annual Appropriation Bill is passed by the
Assembly and within 1 month of its passing by the Assembly-

   (a)  the Council rejects or fails to pass it; or

   (b)  the Council returns it to the Assembly with a message suggesting any
        amendment to which the Assembly does not agree.

(5) If this subsection applies, the Annual Appropriation Bill, with any
amendments suggested by the Council and made by the Assembly, must be
presented to the Governor for Her Majesty's Assent and becomes an Act of
Parliament on the Royal Assent being signified notwithstanding that the
Council has not passed the Bill.

(6) The words of enactment for an Annual Appropriation Bill that is to be
presented to the Governor for Her Majesty's Assent under subsection (5) are to
be altered to "Her Majesty and the Legislative Assembly in accordance with
section 65(5) of the Constitution Act 1975 enact as follows:".

(7) There is to be endorsed on the Annual Appropriation Bill when it is
presented to the Governor for Her Majesty's Assent under subsection (5), the
certificate of the Speaker signed by the Speaker that the Bill is a Bill to
which section 65(5) of the Constitution Act 1975 applies and has been passed
in accordance with that section.

(8) The certificate of the Speaker under this section is conclusive evidence
for all purposes and cannot be questioned in any court.

(9) The alteration of an Annual Appropriation Bill to give effect to
subsection (6) is not to be taken to be an amendment of the Bill.

Division 9A-Provisions relating to disputes concerning Bills