{"id":"C1997A00088","name":"Appropriation (Parliamentary Departments) Act 1997-98","slug":"appropriation-parliamentary-departments-act-1997-98","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"88 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2627,"registerId":"commonwealth-C1997A00088-current","compilationNumber":null,"startDate":"2026-03-29","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"General","content":"Part 1—General\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\n\nThis Act may be cited as the Appropriation (Parliamentary Departments) Act 1997‑98.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n\nThis Act commences on the day on which it receives the Royal Assent.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Issue and application of $ 138 450 000","content":"3 Issue and application of $ 138 450 000\n\n(1) Subject to section 4, the Minister may issue out of the Consolidated Revenue Fund and apply for the services specified in the Schedule, in respect of the year ending on 30 June 1998, the sum of $138 450 000.\n\n \n\n(2) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Running Costs","content":"4 Running Costs\n\nIf any running costs referred to in a subdivision or Division in the Schedule include payments of remuneration or allowances to the holder of:\n\n(a) a public office within the meaning of the Remuneration Tribunal Act 1973; or\n\n(b) an office specified in a Schedule to the Remuneration and Allowances Act 1990;\n\nthe Minister must issue out of the Consolidated Revenue Fund the amounts necessary to meet those payments and apply them for that purpose.\n\nNote: The amounts required to be issued and applied by this section are included in the sum appropriated by section 3.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Additional appropriation in respect of increases in salaries","content":"5 Additional appropriation in respect of increases in salaries\n\n(1) In addition to the sum referred to in section 3, the Minister may issue out of the Consolidated Revenue Fund for the service of the year ending on 30 June 1998 amounts not exceeding the amounts determined by the President, by the Speaker, or by the President and the Speaker, in accordance with subsection (2), (3) or (4), as the case may be.\n\n(2) For the purposes of subsection (1), the President may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 101 in the Schedule as become payable, or commence to be paid, during the year ending on 30 June 1998 under a law, or an award, order or determination made under a law.\n\n(3) For the purposes of subsection (1), the Speaker may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 104 in the Schedule as become payable, or commence to be paid, during the year on ending 30 June 1998 under a law, or an award, order or determination made under a law.\n\n(4) For the purposes of subsection (1), the President and the Speaker may jointly determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in subdivision 1 of Division 107, subdivision 1 of Division 108, or subdivision 1 of Division 109, in the Schedule as become payable, or commence to be paid, during the year ending on 30 June 1998 under a law, or an award, order or determination made under a law.\n\n(5) Amounts issued under subsection (1) may be applied only for the purpose of expenditure in respect of increases referred to in subsection (2), (3) or (4) in salaries and in payments in the nature of salary.\n\n(6) The Minister must report the amounts so issued to the Parliament.\n\n(7) The Consolidated Revenue Fund is appropriated as necessary for the purposes of this section.\n\n(8) In this section:\n\nPresident means the President of the Senate.\n\nSpeaker means the Speaker of the House of Representatives.\n\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Net annotated appropriations","content":"6 Net annotated appropriations\n\n(1) If the description of the purpose of an appropriation set out in an item, subdivision or Division in the Schedule includes the words “net appropriation — see section 6”, the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any\n\n \n\nmoney received by the Parliamentary Department for which the appropriation is made:\n\n(a) from the sale, leasing or hiring out of, or other dealing with, goods or other personal property; or\n\n(b) from the sale of real property used for the purpose of providing staff residential accommodation or from the leasing of real property for that purpose; or\n\n(c) from the provision of services; or\n\n(d) from a person (employee) appointed or employed by, or performing services for, the Commonwealth as payment for any benefit provided (whether to the employee or another person) in respect of the appointment or employment of, or the services performed by, the employee; or\n\n(e) from the sub‑leasing of real property, or the resale of goods used in fitting out premises, under a property resource agreement between the Minister and the Presiding Officer or Presiding Officers responsible for that Department;\n\nmay be credited to that item, subdivision or Division, to the extent and on the conditions agreed between the Minister and the Presiding Officer or Presiding Officers.\n\n(2) If the Consolidated Revenue Fund is credited with an amount purported to have been paid in respect of:\n\n(a) a sale, or other transaction, referred to in paragraph (1)(a),(b) or (e); or\n\n(b) the provision of services; or\n\n(c) any benefit referred to in paragraph (1)(d);\n\nthat amount is taken, for the purposes of subsection (1), to be money received from that sale or other transaction, from the provision of those services or as payment for that benefit (as the case may be), whether or not money has in fact been received in payment of that amount.\n\n \n\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs","content":"7 Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs\n\n(1) If:\n\n(a) a payment (whether real or notional) is made to a Parliamentary Department out of money appropriated for the purposes of an approved employment subsidy scheme or program; and\n\n(b) the payment is an approved payment; and\n\n(c) an item, subdivision or Division in the Schedule appropriates money to that Department for running costs;\n\nthe Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Department by way of such a payment may be credited to that item, subdivision or Division.\n\n(2) If:\n\n(a) the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Parliamentary Department; and\n\n(b) that payment is an approved payment;\n\nthat amount is taken, for the purposes of subsection (1), to be money received by the Department by way of such a payment, whether or not money has in fact been received in respect of the payment.\n\n(3) In this section:\n\napproved employment subsidy scheme or program means an employment subsidy scheme or program determined by the Minister, under subsection 9(1) of the Appropriation Act (No. 1) 1997‑98, to be an approved employment subsidy scheme or program for the purposes of that Act.\n\n \n\napproved payment means a payment (out of money appropriated for an approved employment subsidy scheme or program) declared by the Minister, under subsection 9(2) of the Appropriation Act (No. 1) 1997‑98, to be an approved payment for the purposes of that Act.\n\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Advances to President, Speaker or President and Speaker","content":"8 Advances to President, Speaker or President and Speaker\n\n(1) Expenditure in relation to the Senate in excess of specific appropriation may be charged to any subdivision of Division 101 in the Schedule as the President directs but the total expenditure so charged in the year ending on 30 June 1998, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for the year under the head “Advance to the President of the Senate”.\n\n(2) Expenditure in relation to the House of Representatives in excess of specific appropriation may be charged to any subdivision of Division 104 in the Schedule as the Speaker directs but the total expenditure so charged in the year ending on 30 June 1998, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for the year under the head “Advance to the Speaker of the House of Representatives”.\n\n(3) Expenditure in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department in excess of specific appropriation my be charged to any subdivision of Division 107, 108 or 109 in the Schedule as the President and the Speaker both direct but the total expenditure so charged in the year ending 30 June 1998, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for the year under the head “Joint Advance to the President and the Speaker”.\n\n \n\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Accounting errors etc. may be corrected after close of financial year","content":"9 Accounting errors etc. may be corrected after close of financial year\n\nDespite section 36 of the Audit Act 1901, the Minister may take action after 30 June 1998:\n\n(a) to correct errors or mispostings in the official accounting records of the Commonwealth for the year ending on that day; or\n\n(b) to balance the Consolidated Revenue Fund, the Trust Fund or the Loan Fund;\n\nif the action does not result in an amount being debited from one of those Funds otherwise than for the purpose of being credited to another of those Funds.\n\nNote: Section 36 of the Audit Act 1901 provides that (except in a particular case provided for in that section) every appropriation out of the Consolidated Revenue Fund for the service of a financial year lapses and ceases to have effect at the end of that year (the unspent balance of any appropriated amount lapsing) and that the accounts of the year are then closed.\n\n \n\n","sortOrder":9},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special application of Act","content":"Part 2 — Special application of Act\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Definition","content":"10 Definition\n\nIn this Part:\n\nFinancial Management and Accountability Act means the Act to be cited as:\n\n(a) the Financial Management and Accountability Act 1997; or\n\n(b) the Financial Management and Accountability Act 1998.\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Application of Part","content":"11 Application of Part\n\nThis Part applies if the Financial Management and Accountability Act commences before 1 July 1998.\n\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Act to have effect subject to modifications","content":"12 Act to have effect subject to modifications\n\nThis Act has effect after the commencement of the Financial Management and Accountability Act subject to the modifications set out in the following sections.\n\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Insertion of definition","content":"13 Insertion of definition\n\nAfter section 2 the following section is inserted:\n\n","sortOrder":14},{"sectionNumber":"2A","sectionType":"section","heading":"Definition","content":"2A Definition\n\nIn this Part:\n\nFinancial Management and Accountability Act means:\n\n(a) the Financial Management and Accountability Act 1997; or\n\n(b) the Financial Management and Accountability Act 1998;\n\nwhichever is in force.\n\n \n\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Modification relating to net annotated appropriations","content":"14 Modification relating to net annotated appropriations\n\nSection 6 is repealed and the following section is substituted:\n\n6 Net annotated appropriations\n\nIf:\n\n(a) the description of the purpose of an appropriation set out in an item, subdivision or Division in the Schedule includes the words “net appropriation — see section 6”; and\n\n(b) there is in force an agreement (entered into under the Financial Management and Accountability Act) between:\n\n(i) the Minister; and\n\n(ii) the Presiding Officer or Presiding Officers responsible for the Parliamentary Department for which the appropriation is made;\n\nto the effect that payments to the Commonwealth in consideration for any service, benefit, activity, transaction or other matter specified in the agreement can be added to the amount appropriated to the Department under the item, subdivision or Division, to the extent and on the conditions set out in the agreement;\n\nthe item, subdivision or Division is taken to specify that those payments (whether real or notional) may be credited to the item, subdivision or Division to the extent and on the conditions set out in the agreement.\n\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Modifications relating to payments to Departments out of money appropriated for certain purposes","content":"15 Modifications relating to payments to Departments out of money appropriated for certain purposes\n\nSection 7 is modified:\n\n(a) by omitting from subsection (1) all the words from and including “the Schedule” (second occuring) and substituting “the item, subdivision or Division is taken to specify that the payment may be credited to the item, subdivision or Division”;\n\n \n\n(b) by repealing subsection (2).\n\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Modification relating to the appropriation of certain amounts","content":"16 Modification relating to the appropriation of certain amounts\n\nAfter section 7 the following section is inserted:\n\n","sortOrder":18},{"sectionNumber":"7A","sectionType":"section","heading":"Certain amounts taken to be appropriated","content":"7A Certain amounts taken to be appropriated\n\nIf an item, subdivision or Division in the Schedule specifies that payments (whether the word “payments” or “money” or any other word is used) of a certain description may be credited to the item, subdivision or Division:\n\n(a) amounts equal to payments (whether real or notional) of that description credited to the Consolidated Revenue Fund during the financial year ending on 30 June 1998 are taken to have been appropriated for the purpose or services referred to in that item, subdivision or Division; and\n\n(b) the Minister is authorised to issue and apply those amounts accordingly.\n\n","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year","content":"17 Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year\n\nSection 9 is repealed and the following section is substituted:\n\n9 Consolidated Revenue Fund not to be debited after close of financial year\n\n(1) An amount appropriated under section 3 may not be debited from the Consolidated Revenue Fund after 30 June 1998.\n\n(2) Subsection (1) does not prevent the Minister from taking action after 30 June 1998:\n\n(a) to correct errors or mispostings in the financial accounting records of the Commonwealth for the year ending on that day; or\n\n(b) to balance the Funds (within the meaning of the Financial Management and Accountability Act);\n\n \n\nif the action does not result in an amount being debited from a Fund otherwise than for the purpose of being credited to another Fund.\n\n![](image.003.png)\n\n \n\n \nServices for which money is appropriated\n\nSchedule — Services for which money is appropriated\n\nNote : See section 3\n\nAbstract\n\n| Page Reference | Departments and Services | Total |\n| -------------- | ---------------------------------------------------------------- | ----------- |\n| | | $ |\n| 16 | Senate........................................... | 25 687 000 |\n| 16 | Advance to the President of the Senate...................... | 300 000 |\n| 17 | Provision for Running Costs Borrowings..................... | 200 000 |\n| 18 | House of Representatives............................... | 24 227 000 |\n| 18 | Advance to the Speaker of the House of Representatives.......... | 300 000 |\n| 19 | Provision for Running Costs Borrowings..................... | 200 000 |\n| 20 | Parliamentary Reporting Staff............................ | 33 331 000 |\n| 20 | Parliamentary Library................................. | 15 284 000 |\n| 20 | Joint House Department................................ | 37 721 000 |\n| 21 | Joint Advance to the President and the Speaker................ | 1 000 000 |\n| 22 | Provision for Running Costs Borrowings..................... | 200 000 |\n| | Total........................................... | 138 450 000 |\n\n \n\n \n\nSUMMARY\n\nAppropriation — 1997‑98, Heavy figures\n\nEstimated Expenditure — 1996‑97, Light figures\n\n

Division

Running Costs

Other Services

Total

$

$

$

101

Senate..................................

25 301 000

386 000

25 687 000

22 459 000

415 000

22 874 000

104

House of Representatives.....................

23 826 000

401 000

24 227 000

22 769 000

452 000

23 221 000

107

Parliamentary Reporting Staff..................

30 144 000

3 187 000

33 331 000

30 283 000

3 155 000

33 438 000

108

Parliamentary Library.......................

15 284 000

—

15 284 000

15 090 000

—

15 090 000

109

Joint House Department......................

35 122 000

2 599 000

37 721 000

32 686 000

2 593 000

35 279 000

Total..................................

129 677 000

6 573 000

136 250 000

123 287 000

6 615 000

129 902 000

\n```\n\n \n\n

1997‑98

1996‑97

Estimated Appropriation

Estimated Expenditure

$

$

$

Division 101.—SENATE

1.— Running Costs (net appropriation — see section 6) (see also section 7)

25 301 000

23 966 000

22 459 000

2.— Other Services

01. Citizenship visits program....................

386 000

414 000

414 000

Payments under subsection 34A(1) of the Audit Act 1901.

—

6 000

1 000

386 000

420 000

415 000

Total: Senate............................

25 687 000

24 386 000

22 874 000

ADVANCE TO THE PRESIDENT OF THE SENATE

Division 102.— ADVANCE TO THE PRESIDENT OF THE SENATE

To enable the President of the Senate to make money available for expenditure:

(a) that the President of the Senate is satisfied is expenditure that is urgently required and:

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

(b) particulars of which will afterwards be submitted to the Parliament;

being expenditure for the service of the year ending on 30 June 1998 in relation to the Senate

300 000

300 000

*

* Estimated expenditure in 1996‑97 from the Advance to the President of the Senate is shown under the appropriation to which it has been or will be charged.

\n```\n\n \n\n

1997‑98

1996‑97

Appropriation

Estimated Expenditure

$

$

$

PROVISION FOR RUNNING COSTS BORROWINGS

Division 103.— PROVISION FOR RUNNING COSTS BORROWINGS

To enable the President to make money available for expenditure:

(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and

(b) particulars of which will afterwards be submitted to the Parliament

200 000

200 000

*

* Estimated expenditure in 1996‑97 from the Provision for Running Costs Borrowings to the President of the Senate is shown under the appropriation to which it has been or will be charged.

\n```\n\n \n\n

1997‑98

1996‑97

Estimated Appropriation

Estimated Expenditure

Division 104.— HOUSE OF REPRESENTATIVES

$

$

$

1.— Running Costs (net appropriation — see section 6) (see also section 7)

23 826 000

22 914 000

22 769 000

2.— Other Services

01. Citizenship visits program.....................

386 000

414 000

414 000

02. Compensation and legal expenses................

15 000

35 000

35 000

Payments under subsection 34A(1) of the Audit Act 1901.

—

3 000

3000

401 000

452 000

452 000

Total: House of Representatives................

24 227 000

23 366 000

23 221 000

ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

Division 105.— ADVANCE TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES

To enable the Speaker of the House of Representatives to make money available for expenditure:

(a) that the Speaker of the House of Representatives is satisfied is expenditure that is urgently required and:

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

(b) particulars of which will afterwards be submitted to the Parliament;

being expenditure for the service of the year ending on 30 June 1998 in relation to the House of Representatives

300 000

300 000

*

* Estimated expenditure in 1996‑97 from the Advance to the Speaker of the House of Representatives is shown under the appropriation to which it has been or will be charged.

\n```\n\n \n\n

1997‑98

1996‑97

Appropriation

Estimated Expenditure

$

$

$

PROVISION FOR RUNNING COSTS BORROWINGS

Division 106.— PROVISION FOR RUNNING COSTS BORROWINGS

To enable the Speaker of the House of Representatives to make money available for expenditure:

(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and

(b) particulars of which will afterwards be submitted to the Parliament

200 000

200 000

*

* Estimated expenditure in 1996‑97 from the Provision for Running Costs Borrowings to the Speaker of the House of Representatives is shown under the appropriation to which it has been or will be charged.

\n```\n\n \n\n

1997‑98

1996‑97

Estimated Appropriation

Estimated Expenditure

$

$

$

Division 107.— PARLIAMENTARY REPORTING STAFF

1.— Running Costs (net appropriation — see section 6) (see also section 7)

30 144 000

30 900 000

30 283 000

2.— Capital expenditure........................

3 187 000

3 155 000

3 155 000

Total: Parliamentary Reporting Staff...........

33 331 000

34 055 000

33 438 000

Division 108.— PARLIAMENTARY LIBRARY

1.— Running Costs (net appropriation — see section 6) (see also section 7)

15 284 000

15 385 000

15 090 000

Total: Parliamentary Library................

15 284 000

15 385 000

15 090 000

Division 109.— JOINT HOUSE DEPARTMENT

1.— Running Costs (net appropriation — see section 6) (see also section 7)

35 122 000

39 263 000

32 686 000

2.— Capital expenditure........................

2 599 000

2 573 000

2 573 000

Other Services

Compensation and legal expenses...............

—

20 000

20 000

Total: Joint House Department...............

37 721 000

41 856 000

35 279 000

\n```\n\n \n\n

1997‑98

1996‑97

Appropriation

Estimated Expenditure

$

$

$

JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

Division 110.—JOINT ADVANCE TO THE PRESIDENT AND THE SPEAKER

To enable the President and the Speaker to make money available for expenditure:

(a) that both the President and the Speaker are satisfied is expenditure that is urgently required and:

(i) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or

(ii) was erroneously omitted from, or understated in, the Bill for this Act; and

(b) particulars of which will afterwards be submitted to the Parliament;

being expenditure for the service of the year ending on 30 June 1998 in relation to the Parliamentary Reporting Staff, the Parliamentary Library or the Joint House Department …

1 000 000

1 000 000

*

* Estimated expenditure in 1996‑97 from the Joint Advance to the President and the Speaker is shown under the appropriation to which it has been or will be charged.

\n```\n\n \n\n

1997‑98

1996‑97

Appropriation

Estimated Expenditure

$

$

$

PROVISION FOR RUNNING COSTS BORROWINGS

Division 111.— PROVISION FOR RUNNING COSTS BORROWINGS

To enable the President and the Speaker to make money available for expenditure:

(a) for the purposes of running costs for which an appropriation has been made under an item, subdivision or Division in this Schedule; and

(b) particulars of which will afterwards be submitted to the Parliament

200 000

200 000

*

* Estimated expenditure in 1996‑97 from the Provision for Running Costs Borrowings to the President and the Speaker is shown under the appropriation to which it has been or will be charged.

\n```\n\n\\[Minister’s second reading speech made in—\n\nHouse of Representatives on 13 May 1997\n\nSenate on 19 June 1997\\]\n\n(59/97)\n\n","sortOrder":20},{"sectionNumber":"89056","sectionType":"section","heading":"Cat. No. 96 9365 3 ISBN 0644 506520","content":"89056 Cat. No. 96 9365 3 ISBN 0644 506520\n\n![](image.004.png)![](image.005.png)\n\nPrinted by Authority by the Commonwealth Government Printer (59/97)","sortOrder":21}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act does exactly what annual parliamentary appropriation Acts are designed to do: it authorises specific government spending for a defined financial year. Its scope has not grown beyond that original, narrow purpose. Part 2 (the Financial Management and Accountability Act contingency provisions) is a transitional mechanism consistent with the Act's core function — it simply ensures the appropriation machinery remains operable under an incoming financial management framework. There is no evidence of scope creep or expansion beyond the Act's intended purpose of funding Parliamentary Departments for 1997-98."},"complexity_factors":["Dual-structure design: Part 1 operates as the default framework, while Part 2 contains a conditional set of modifications that override Part 1 if the Financial Management and Accountability Act commences before 1 July 1998 — creating two parallel legal regimes within the same Act","Conditional logic in Part 2 (sections 11–17): the entire Part only applies if a separate Act commences within a specific timeframe, requiring readers to assess an external legal trigger","Cross-referencing to multiple external Acts: Audit Act 1901, Remuneration Tribunal Act 1973, Remuneration and Allowances Act 1990, Appropriation Act (No. 1) 1997-98, and the Financial Management and Accountability Act 1997/1998","Section 6 (net annotated appropriations) contains a five-limbed definition of money that may be credited back, with a deeming provision in subsection (2) extending it to notional transactions","Section 7 imports defined terms ('approved employment subsidy scheme or program' and 'approved payment') by reference to determinations made under a separate Act (Appropriation Act No. 1 1997-98), making the legal effect dependent on executive action under another statute","Section 5 splits salary-increase determination authority three ways depending on which Division of the Schedule is affected (President alone, Speaker alone, or both jointly)","Schedule spans 11 Divisions (101–111) across five departments, with multiple subdivisions, comparator columns for two prior years, and embedded narrative conditions for advance payments","Sections 14–17 in Part 2 repeal and substitute entire provisions (sections 6, 7, and 9), meaning the operative text of the Act changes depending on external circumstances — requiring readers to mentally apply the substitutions","Deeming provisions appear in multiple sections (ss 6(2), 7(2), 7A) treating notional or unfulfilled transactions as real for appropriation purposes"],"plain_english_summary":"This Act is the federal budget law that authorises $138.45 million from the Consolidated Revenue Fund to run Australia’s five Parliamentary Departments (Senate, House of Representatives, Parliamentary Reporting Staff, Parliamentary Library and Joint House Department) for 1997–98. It allocates funding, lets departments retain or credit certain receipts, provides for pay adjustments and small emergency advances, permits post‑year accounting corrections, and includes transitional adjustments in case the new Financial Management and Accountability framework commences before year‑end."},"issue_detection":{"absurdities":[{"type":"other","section":"Section 10 — Definition of 'Financial Management and Accountability Act'","severity":"medium","reasoning":"A definition that defines a term by reference to an Act that might be called one of two different names is not a definition at all — it is a contingency. Ordinarily a definition resolves uncertainty; this one enshrines it. The drafter knew the FMA Act was coming but not which year it would receive royal assent, so they hedged both ways. Section 13 then inserts a virtually identical definition as a modification, compounding the redundancy. While legally workable (whichever one commenced first would apply under s 11), it is structurally odd.","confidence":0.82,"description":"The definition of 'Financial Management and Accountability Act' in section 10 defines the term as meaning an Act to be cited as either 'the Financial Management and Accountability Act 1997' OR 'the Financial Management and Accountability Act 1998'. At the time of enactment (30 June 1997), neither Act yet existed with certainty. The definition preemptively names a statute that may be cited as one of two different year-suffixed titles, meaning the identity of the defined term is itself uncertain and depends on future legislative events entirely outside this Act's control."},{"type":"other","section":"Section 13 — Insertion of definition (2A)","severity":"low","reasoning":"This is a known legislative technique (conditional modification) but it produces the odd result that the Act's own section numbering is contingent on an external event. A reader of the Act at face value sees section 2 followed by section 3, with section 2A nowhere in the base text. The modification mechanism is legally valid but logically inelegant and potentially confusing.","confidence":0.75,"description":"Section 13 purports to insert a new section 2A into the Act 'After section 2'. However, section 2A is inserted only as a modification that takes effect after the commencement of the Financial Management and Accountability Act (per sections 11–12). This means the Act simultaneously contains section 2 (Commencement) followed immediately by section 3, AND is deemed to contain section 2A between them — but only conditionally and only after some future commencement event. The Act therefore has a section number (2A) that exists in a superposition: present or absent depending on an external contingency. This creates a structurally bizarre numbered gap."},{"type":"self_contradicting","section":"Section 9 vs Section 17","severity":"low","reasoning":"The tension here is real but is by design — s 17 is intended to supersede s 9 under the new FMA framework. The absurdity is that if Part 2 conditions are disputed or unclear (e.g. it is uncertain whether the FMA Act 'commenced before 1 July 1998'), both versions could arguably apply, with directly contradictory instructions about post-year debiting.","confidence":0.65,"description":"Section 9 (original) permits the Minister to take corrective action after 30 June 1998 and is framed permissively ('may take action'). Section 17 replaces section 9 with a new provision that is framed prohibitively ('may NOT be debited from the Consolidated Revenue Fund after 30 June 1998') with a saving provision for corrections. The replacement section is therefore structurally the inverse of what it replaces: the original authorises post-year action with a condition; the replacement prohibits it with an exception. If both sections somehow applied simultaneously (e.g. if Part 2 conditions were not clearly met), they would directly conflict. More practically, the replacement removes the reference to 'Trust Fund' and 'Loan Fund' (section 9) and replaces it with 'Funds (within the meaning of the Financial Management and Accountability Act)' — which are different concepts under different legislative regimes."},{"type":"other","section":"Schedule — Abstract total vs Summary total","severity":"low","reasoning":"The Summary table total of $136,250,000 covers only the five main Divisions (101, 104, 107, 108, 109) and does not include Divisions 102, 103, 105, 106, 110, and 111 (advances and running costs borrowings). This is a presentation issue rather than a genuine mathematical error, but it means a reader comparing the Summary total to the section 3 figure will find a $2.2m gap with no reconciliation provided in the Summary itself. Confidence is moderate because the reconciliation is achievable by adding the Abstract line items.","confidence":0.7,"description":"The Abstract (summary page of the Schedule) shows a grand total of $138,450,000, which matches section 3's appropriation figure. However, the detailed Summary table in the Schedule shows a 1997-98 total of only $136,250,000 across the five departmental divisions (Divisions 101–109). The discrepancy of $2,200,000 represents the three 'Provision for Running Costs Borrowings' allocations ($200,000 × 3 = $600,000) and the advance amounts, but the arithmetic still does not reconcile cleanly: $136,250,000 (departments) + $300,000 (Advance to President) + $300,000 (Advance to Speaker) + $1,000,000 (Joint Advance) + $200,000 + $200,000 + $200,000 (Running Costs Borrowings) = $138,450,000. So the totals do reconcile when advances and running costs borrowings are included — but the Summary table omits those line items from its own subtotal, creating an apparent discrepancy between the Summary and the Abstract without explanation."},{"type":"self_contradicting","section":"Section 4 — Running Costs / mandatory issue","severity":"medium","reasoning":"The interplay between 'may' in s 3 and 'must' in s 4 is a genuine structural tension. The Minister ostensibly has discretion over the total appropriation under s 3, but s 4 creates a legally binding obligation to issue specific amounts within that total. If the Minister chose not to issue the full amount under s 3, they could be in breach of s 4. The note attempts to paper over this by clarifying the amounts are 'included' in s 3, but does not resolve the conflict between discretionary and mandatory language.","confidence":0.78,"description":"Section 4 states that where running costs include remuneration to holders of public offices, the Minister MUST issue the necessary amounts and apply them. The note to section 4 then clarifies that these amounts are 'included in the sum appropriated by section 3'. This creates a structural oddity: section 3 makes the $138,450,000 issuance discretionary ('the Minister MAY issue'), while section 4 makes a subset of that same appropriation mandatory ('the Minister MUST issue'). The mandatory obligation is funded from within the discretionary pool, meaning the discretionary nature of section 3 is partially fictitious — the Minister has no real choice about the remuneration component."},{"type":"other","section":"Section 11 — Application of Part 2","severity":"low","reasoning":"The binary on/off trigger (commences before 1 July 1998) is not logically absurd but does create potential compliance confusion if the FMA Act commenced partway through the 1997-98 financial year. The modifications in Part 2 restructure how the appropriation operates, but they would apply retrospectively to the start of the financial year regardless of when during the year the FMA Act commenced, which could create retroactive compliance issues for expenditure already incurred under the old framework.","confidence":0.6,"description":"Part 2 applies 'if the Financial Management and Accountability Act commences before 1 July 1998'. The Act received Royal Assent on 30 June 1997 and commenced immediately (s 2). The financial year in question ends 30 June 1998. If the FMA Act commenced on, say, 1 July 1998 — exactly the day after the condition's deadline — Part 2 would not apply even though the Act's financial year had just ended. This creates a cliff-edge: the modifications in Part 2 either apply to the entire year or not at all, with no transitional mechanism for a mid-year commencement of the FMA Act."}],"contradictions":[{"severity":"medium","section_a":"Section 3(1) — 'the Minister may issue'","section_b":"Section 4 — 'the Minister must issue'","confidence":0.82,"description":"Section 3(1) grants the Minister a discretionary power ('may') to issue money from the Consolidated Revenue Fund for the services in the Schedule. Section 4 then imposes a mandatory obligation ('must') on the Minister to issue amounts within that same appropriation pool for remuneration of public office holders. The note to s 4 confirms these mandatory amounts are drawn from the s 3 appropriation. This means the discretion in s 3 is illusory for the remuneration component — the Minister has no legal choice but to issue those funds, yet the source provision frames it as optional."},{"severity":"medium","section_a":"Section 9 — 'may take action after 30 June 1998' (corrective actions permitted)","section_b":"Section 17 — 'may not be debited from the Consolidated Revenue Fund after 30 June 1998'","confidence":0.72,"description":"Original section 9 permissively authorises the Minister to take corrective action (error corrections, fund balancing) after 30 June 1998. Section 17 (which replaces s 9 if Part 2 applies) reframes the same subject matter as a prohibition with a saving exception. If Part 2's applicability is disputed, both provisions could arguably operate simultaneously — one permitting post-year action generally and the other prohibiting it generally. Even as a replacement, the two sections use opposite structural approaches (permission vs prohibition with exception) to regulate materially the same conduct."},{"severity":"high","section_a":"Section 6 — Net annotated appropriations (original)","section_b":"Section 14 — Modification substituting section 6","confidence":0.78,"description":"Section 6 (original) permits crediting of received money based on an agreement 'between the Minister and the Presiding Officer or Presiding Officers' and includes a broad deeming provision in s 6(2) treating notional receipts as real. Section 14 replaces s 6 with a version that requires a formal agreement 'entered into under the Financial Management and Accountability Act' and removes the deeming provision of s 6(2). The replacement version is therefore materially narrower in its agreement requirements and eliminates the notional-receipt mechanism. If there is any ambiguity about whether Part 2 applies, the two versions of s 6 create directly conflicting rules about when money may be credited to an appropriation item."},{"severity":"low","section_a":"Section 8(1) and (2) — Advances cap applies to expenditure 'at any time'","section_b":"Section 8(3) — Joint advance with typographical error ('ending 30 June 1998' vs 'ending on 30 June 1998')","confidence":0.6,"description":"This is a minor drafting inconsistency rather than a substantive contradiction, but section 8(3) omits the word 'on' ('the year ending 30 June 1998') compared to sections 8(1) and 8(2) which read 'the year ending on 30 June 1998'. More substantively, section 8(3) also contains a typographical error ('my be charged' instead of 'may be charged'). While these are drafting errors rather than logical contradictions, they could in extremis create ambiguity about whether s 8(3) is describing the same financial year as ss 8(1) and (2)."}]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Part 2 modifies how the original appropriation operates if the Financial Management and Accountability Act commences before 1 July 1998. It replaces the original section on net annotated appropriations with a requirement that credits of departmental receipts be governed by agreements entered under the Financial Management and Accountability Act (see s.14 replacing s.6), alters the treatment of approved employment subsidy payments (s.15 modifies s.7), treats certain credited amounts as having been appropriated and authorises ministerial issue of those amounts (s.16), and tightens post‑year debiting rules by replacing section 9 with a prohibition on debiting appropriations after 30 June 1998 except for limited corrections (s.17)."},"complexity_factors":["Cross‑references to several other statutes (Audit Act 1901; Remuneration Tribunal Act 1973; Remuneration and Allowances Act 1990; Appropriation Act (No.1) 1997‑98; Financial Management and Accountability Act) creating interdependent operation.","Conditional Part 2 modifications that apply only if the Financial Management and Accountability Act commences before 1 July 1998, changing core crediting and accounting rules.","Multiple funding mechanisms: direct appropriations, advances to Presiding Officers, contingent additional salary appropriations and provisions permitting departmental receipts to be credited against appropriations.","Detailed schedule of divisions, subdivisions and numeric appropriations that must be matched to the statutory authorisation.","Post‑financial‑year accounting exceptions and restrictions (corrections permitted but later debiting prohibited under modified rules), requiring careful interpretation for year‑end processing."],"plain_english_summary":"This Act authorises the Minister to issue $138,450,000 from the Consolidated Revenue Fund for specified Parliamentary Departments for the year ending 30 June 1998 and sets the mechanical rules for paying running costs, advances and certain salary increases. The Minister issues the money; the President and Speaker may determine extra salary-related amounts; departments may credit certain receipts (sales, services, sub‑leases or approved subsidy payments) against their appropriations; limited post‑year accounting corrections or balancing actions are permitted."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1470},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Standard annual appropriation act with scope limited to parliamentary department funding for 1997-98. The inclusion of transitional provisions for the FMA Act represents forward-looking machinery rather than scope expansion."},"complexity_factors":["Net appropriation mechanism in section 6 allowing retention of own-source revenue with ministerial agreement","Transitional Part 2 with conditional modifications dependent on commencement of Financial Management and Accountability Act","Multiple funding streams: running costs, capital expenditure, advances, and salary contingency appropriations","Cross-references to Audit Act 1901 and prospective FMA Act definitions","Specific accountability requirements for Advances (urgent/unforeseen expenditure tests)"],"plain_english_summary":"**What this Act does:**\n\nThis is the 1997-98 budget legislation that funds Australia's parliamentary departments. It authorises the Government to spend **$138.45 million** from the Consolidated Revenue Fund (the Commonwealth's main bank account) to keep Parliament running for the year ending 30 June 1998.\n\n**Who gets the money:**\n\nThe funding is split between five parliamentary departments:\n- **Senate**: $25.7 million (including $300,000 \"Advance\" for urgent unforeseen expenses)\n- **House of Representatives**: $24.2 million (including $300,000 Advance)\n- **Parliamentary Reporting Staff**: $33.3 million (Hansard and broadcasting)\n- **Parliamentary Library**: $15.3 million\n- **Joint House Department**: $37.7 million (shared services like security and building maintenance)\n- **Joint Advance**: $1 million (contingency fund requiring both President and Speaker approval)\n\n**Key features:**\n\n- **Running Costs**: Most money covers day-to-day operations like wages, utilities, and supplies.\n- **Net Appropriations**: Departments can keep money they earn from selling services (e.g., leasing property, selling publications) and add it to their budget, subject to ministerial agreement.\n- **Salary Top-ups**: The President of the Senate and Speaker of the House can approve extra funds if public sector wage increases are awarded during the year.\n- **Advances**: The Presiding Officers have access to contingency funds for urgent, unforeseen expenses without needing to wait for new legislation.\n- **Transitional Rules**: Part 2 contains special rules that kick in if the *Financial Management and Accountability Act* starts before July 1998, updating how \"net appropriations\" work under the new financial framework.\n\n**Why it matters:**\n\nThis Act ensures the legislative branch has the resources to function independently of the executive government. The \"Advances\" mechanism is particularly important—it allows the Parliament to respond to emergencies (like security threats or equipment failures) without begging the Government for money mid-year."}},"importantCases":[],"_links":{"self":"/api/acts/appropriation-parliamentary-departments-act-1997-98","history":"/api/acts/appropriation-parliamentary-departments-act-1997-98/history","analysis":"/api/acts/appropriation-parliamentary-departments-act-1997-98/analysis","conflicts":"/api/acts/appropriation-parliamentary-departments-act-1997-98/conflicts","importantCases":"/api/acts/appropriation-parliamentary-departments-act-1997-98/important-cases","documents":"/api/acts/appropriation-parliamentary-departments-act-1997-98/documents"}}