{"id":"C1964A00034","name":"Appropriation (Works and Services) Act (No. 2) 1963-64","slug":"appropriation-works-and-services-act-no-2-1963-64","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"34 of 1964","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":5042,"registerId":"commonwealth-C1964A00034-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Appropriation (Works and Services) Act (No. 2) 1963-64","content":"THE COMMONWEALTH OF AUSTRALIA.\n\n![](image.002.png)![](image.001.png)APPROPRIATION (WORKS AND SERVICES) (No. 2) 1963-64.\n\nNo. 34 of 1964.\n\nAn Act to authorize the issue and application, out of the Consolidated Revenue Fund, of an additional sum for the service of the year ending on the thirtieth day of June, One thousand nine hundred and sixty-four, for the purposes of Additions, New Works and other Services involving Capital Expenditure, and to appropriate that sum.\n\n\\[Assented to 26th May, 1964.\\]\n\nBE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—\n\nShort title.\n\n1. This Act may be cited as the Appropriation (Works and Services) Act (No. 2) 1963-64.\n\nCommencement.\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nIssue and application of £1,777,000.\n\n3. The Treasurer may issue out of the Consolidated Revenue Fund and apply for the service of the year ending on the thirtieth day of June, One thousand nine hundred and sixty-four, the sum of One million seven hundred and seventy-seven thousand pounds.\n\n4. The\n\nF.6988/64.—Price 2s. 6d.\n\nAppropriation.\n\n4. The sum authorized by this Act to be issued out of the Consolidated Revenue Fund for the service of the year ending on the thirtieth day of June, One thousand nine hundred and sixty-four is appropriated, and shall be deemed to have been appropriated as from the first day of July, One thousand nine hundred and sixty-three, for the purposes and services expressed in the Schedule to this Act in respect of the financial year ending on the thirtieth day of June, One thousand nine hundred and sixty-four.\n\n  \nTHE SCHEDULE.\n\n![](image.003.png)ABSTRACT. Section 4.\n\n| Page Reference. | —                                                                                                      | Total.    |\n| --------------- | ------------------------------------------------------------------------------------------------------ | --------- |\n|                 | PART 1.—DEPARTMENTS AND SERVICES—OTHER THAN BUSINESS UNDERTAKINGS AND TERRITORIES OF THE COMMONWEALTH— | £         |\n| 5               | Prime Minister’s Department..............................                                              | 138,200   |\n| 5               | Department of External Affairs............................                                             | 325,350   |\n| 5               | Department of the Treasury...............................                                              | 149,730   |\n| 5               | Department of Works...................................                                                 | 4,510     |\n| 6               | Department of Civil Aviation.............................                                              | 30,500    |\n| 6               | Department of Trade and Industry..........................                                             | 49,700    |\n| 6               | Department of Shipping and Transport.......................                                            | 100,000   |\n| 6               | Department of Immigration...............................                                               | 16,480    |\n| 6               | Department of Labour and National Service....................                                          | 6,960     |\n| 7               | Department of National Development........................                                             | 7,810     |\n| 7               | Department of Housing.................................                                                 | 3,400     |\n| 7               | Commonwealth Scientific and Industrial Research Organization                                           | 223,260   |\n|                 | Total Part 1.........................                                                                  | 1,055,900 |\n|                 | PART 2.—BUSINESS UNDERTAKINGS—                                                                         |           |\n| 8               | Commonwealth Railways................................                                                  | 218,000   |\n| 8               | Broadcasting and Television Services........................                                           | 42,800    |\n|                 | Total Part 2.........................                                                                  | 260,800   |\n|                 | PART 3.—TERRITORIES OF THE COMMONWEALTH—                                                               |           |\n| 9               | Northern Territory.....................................                                                | 61,300    |\n| 9               | Australian Capital Territory...............................                                            | 398,000   |\n| 9               | Cocos (Keeling) Islands.................................                                               | 1,000     |\n|                 | Total Part 3.........................                                                                  | 460,300   |\n|                 | TOTAL.....................                                                                             | 1,777,000 |\n\nPART 1.—DEPARTMENTS AND SERVICES—OTHER THAN BUSINESS UNDERTAKINGS AND TERRITORIES OF THE COMMONWEALTH.\n\n| PRIME MINISTER’S DEPARTMENT.                                                                                                                   | £       |\n| ---------------------------------------------------------------------------------------------------------------------------------------------- | ------- |\n| Division No. 836.                                                                                                                              |         |\n| 01. High Commissioner of the Commonwealth in the United Kingdom—Buildings, equipment and furniture for Australia House and official residences | 9,200   |\n| 02. The Australian National University—Permanent buildings, acquisition and erection of dwellings, equipment and works                         | 126,000 |\n| 04. For expenditure under the National Library Act.........................                                                                    | 3,000   |\n| Total Prime Minister’s Department...........                                                                                                   | 138,200 |\n| DEPARTMENT OF EXTERNAL AFFAIRS.                                                                                                                |         |\n| Division No. 841.                                                                                                                              |         |\n| Buildings, works, equipment and furniture—                                                                                                     |         |\n| 02. France....................................................                                                                                 | 293,850 |\n| 05. Japan....................................................                                                                                  | 12,800  |\n| 09. Other overseas establishments....................................                                                                          | 16,700  |\n| Total Division No. 841.........................                                                                                                | 323,350 |\n| Under Control of Department of Works.                                                                                                          |         |\n| Division No. 845.                                                                                                                              |         |\n| 01. Buildings, works, fittings and furniture..............................                                                                     | 2,000   |\n| Total Department of External Affairs.........                                                                                                  | 325,350 |\n| DEPARTMENT OF THE TREASURY.                                                                                                                    |         |\n| Division No. 846.                                                                                                                              |         |\n| 02. Government Printer Trust Account—Working advance....................                                                                       | 118,200 |\n| Under Control of Department of Works.                                                                                                          |         |\n| Division No. 850.                                                                                                                              |         |\n| 02. Taxation Branch—Buildings, works, fittings and furniture.................                                                                  | 31,530  |\n| Total Department of the Treasury...........                                                                                                    | 149,730 |\n| DEPARTMENT OF WORKS.                                                                                                                           |         |\n| Under Control of Department of the Interior.                                                                                                   |         |\n| Division No. 864.                                                                                                                              |         |\n| 01. Acquisition of sites and buildings..................................                                                                       | 4,510   |\n\n  \n\n| DEPARTMENT OF CIVIL AVIATION.                                                      | £       |\n| ---------------------------------------------------------------------------------- | ------- |\n| Division No. 866.                                                                  |         |\n| 03. Purchase of residence, Montreal..................................              | 1,800   |\n| Under Control of Department of the Interior.                                       |         |\n| Division No. 870.                                                                  |         |\n| 01. Acquisition of sites and buildings.................................            | 28,700  |\n| Total Department of Civil Aviation..........                                       | 30,500  |\n| DEPARTMENT OF TRADE AND INDUSTRY.                                                  |         |\n| Division No. 891.                                                                  |         |\n| Buildings, works, equipment and furniture—                                         |         |\n| 04. Canada...................................................                      | 24,400  |\n| 05. Other overseas establishments....................................              | 19,600  |\n| Total Division No. 891.........................                                    | 44,000  |\n| Under Control of Department of Works.                                              |         |\n| Division No. 895.                                                                  |         |\n| 01. Buildings, works, fittings and furniture..............................         | 5,700   |\n| Total Department of Trade and Industry........                                     | 49,700  |\n| DEPARTMENT OF SHIPPING AND TRANSPORT.                                              |         |\n| Division No. 906.                                                                  |         |\n| 02. Lighthouse supply vessels—Replacement.............................             | 100,000 |\n| DEPARTMENT OF IMMIGRATION.                                                         |         |\n| Division No. 921.                                                                  |         |\n| 01. Overseas establishments—Equipment, furniture and motor vehicles............    | 3,460   |\n| Under Control of Department of the Interior.                                       |         |\n| Division No. 923.                                                                  |         |\n| 01. Hostels for accommodation of migrants—Acquisition of sites and buildings...... | 13,020  |\n| Total Department of Immigration............                                        | 16,480  |\n| DEPARTMENT OF LABOUR AND NATIONAL SERVICE.                                         |         |\n| Under Control of Department of the Interior.                                       |         |\n| Division No. 928.                                                                  |         |\n| 01. Acquisition of sites and buildings..................................           | 6,960   |\n\n  \n\n| DEPARTMENT OF NATIONAL DEVELOPMENT.                                              | £       |\n| -------------------------------------------------------------------------------- | ------- |\n| Division No. 931.                                                                |         |\n| 03. Forestry and Timber Bureau—Plant and equipment......................         | 7,770   |\n| Under Control of Department of the Interior.                                     |         |\n| Division No. 937.                                                                |         |\n| 01. Acquisition of sites and buildings..................................         | 40      |\n| Total Department of National Development......                                   | 7,810   |\n| DEPARTMENT OF HOUSING.                                                           |         |\n| Under Control of Department of Works.                                            |         |\n| Division No. 940.                                                                |         |\n| 01. Buildings, works, fittings and furniture..............................       | 3,400   |\n| COMMONWEALTH SCIENTIFIC AND INDUSTRIAL RESEARCH ORGANIZATION.                    |         |\n| Division No. 941.                                                                |         |\n| 01. Buildings, works, plant and developmental expenditure....................    | 131,000 |\n| 06. Less amount to be received from the Specific Research Trust Fund............ | 84,400  |\n| Total Division No. 941.........................                                  | 46,600  |\n| Under Control of Department of the Interior.                                     |         |\n| Division No. 943.                                                                |         |\n| 01. Acquisition of sites and buildings..................................         | 181,060 |\n| 03. Less amount to be received from the Specific Research Trust Fund............ | 4,400   |\n| Total Division No. 943.........................                                  | 176,660 |\n| Total Commonwealth Scientific and Industrial Research Organization               | 223,260 |\n\n  \nPART 2.—BUSINESS UNDERTAKINGS.\n\n| COMMONWEALTH RAILWAYS.                                                                         | £       |\n| ---------------------------------------------------------------------------------------------- | ------- |\n| Under Control of Department of Shipping and Transport.                                         |         |\n| Division No. 950.                                                                              |         |\n| 01. Trans-Australian Railway.......................................                            | 215,000 |\n| 04. Seat of Government Railway.....................................                            | 3,000   |\n| Total Commonwealth Railways..............                                                      | 218,000 |\n| BROADCASTING AND TELEVISION SERVICES.                                                          |         |\n| Under Control of Department of the Interior.                                                   |         |\n| Division No. 966.                                                                              |         |\n| 03. Acquisition of sites and buildings for sound broadcasting studios..............            | 5,800   |\n| 04. Acquisition of sites and buildings for television studios....................              | 27,000  |\n| Total Division No. 966.........................                                                | 32,800  |\n| Under Control of Department of Works.                                                          |         |\n| Division No. 970.                                                                              |         |\n| 02. Buildings, works, fittings and furniture for sound broadcasting studios and other purposes | 10,000  |\n| Total Broadcasting and Television Services......                                               | 42,800  |\n\n  \nPART 3.—TERRITORIES OF THE COMMONWEALTH.\n\n| NORTHERN TERRITORY.                                                           | £       |\n| ----------------------------------------------------------------------------- | ------- |\n| DEPARTMENT OF TERRITORIES.                                                    |         |\n| Division No. 971.                                                             |         |\n| 14. Road to Ivanhoe Goldmine—Contribution towards cost...................     | 6,000   |\n| Division No. 974.                                                             |         |\n| 01. Acquisition of sites and buildings..................................      | 300     |\n| Total Department of Territories..............                                 | 6,300   |\n| DEPARTMENT OF LABOUR AND NATIONAL SERVICE.                                    |         |\n| Division No. 973.                                                             |         |\n| 01. Commonwealth Hostels Limited—Equipment, fittings and furniture........... | 55,000  |\n| Total Northern Territory.................                                     | 61,300  |\n| AUSTRALIAN CAPITAL TERRITORY.                                                 |         |\n| DEPARTMENT OF THE INTERIOR.                                                   |         |\n| Division No. 980.                                                             |         |\n| 04. Plant and equipment—Transport...................................          | 4,000   |\n| 06. Purchase and improvements on resumed leases.........................      | 16,000  |\n| 08. Loans to co-operative building societies..............................    | 350,000 |\n| Total Division No. 980.........................                               | 370,000 |\n| DEPARTMENT OF WORKS.                                                          |         |\n| Division No. 986.                                                             |         |\n| 01. Buildings, works, fittings and furniture...............................   | 28,000  |\n| Total Australian Capital Territory............                                | 398,000 |\n| COCOS (KEELING) ISLANDS.                                                      |         |\n| DEPARTMENT OF TERRITORIES.                                                    |         |\n| Division No. 995.                                                             |         |\n| 01. Plant and equipment...........................................            | 1,000   |\n\n![](image.004.png)By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.\n\nF.6988/64.—2","sortOrder":0}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act does exactly what its title says — it is a supplementary appropriation for capital works and services for the 1963–64 financial year. It is a standard mid-year budget instrument of the type routinely passed by the Commonwealth Parliament. There is no evidence of scope creep or mission expansion beyond its original, narrow purpose of authorising additional capital expenditure for that single financial year."},"complexity_factors":["Only 4 operative sections — the substantive legal content is minimal","No defined terms or interpretation provisions","No conditional logic, cross-references to other Acts (beyond a single passing reference to the National Library Act), or exceptions","The Schedule is a straightforward itemised spending table with arithmetic totals","One minor offset mechanism (CSIRO amounts to be received from the Specific Research Trust Fund) adds a small layer of complexity","Plain numerical allocations across departments with no discretionary criteria or eligibility conditions"],"plain_english_summary":"## What This Law Does\n\nThis Act is a **supplementary budget law** — it authorises the Australian federal government to spend an **extra £1,777,000** (approximately $3.5 million, remembering Australia used pounds before 1966) from the national treasury (the \"Consolidated Revenue Fund\") on **capital works and services** during the 1963–64 financial year.\n\nThink of it like a mid-year top-up to the government's approved spending list, specifically for **buildings, infrastructure, equipment, and other physical assets** — not day-to-day operating costs.\n\n---\n\n## Who Does It Affect?\n\nThe money is split across **three broad categories** of government activity:\n\n- **Government departments** (not including business or territory operations): £1,055,900\n- **Government business enterprises**: £260,800\n- **Commonwealth territories**: £460,300\n\n---\n\n## Where Does the Money Go?\n\nSome of the notable spending items include:\n\n- **Australian National University** — £126,000 for permanent buildings, housing and equipment\n- **Department of External Affairs (France)** — £293,850 for buildings and works at the Australian embassy in France\n- **Department of Shipping and Transport** — £100,000 to replace lighthouse supply vessels\n- **Commonwealth Railways (Trans-Australian Railway)** — £215,000 for capital works\n- **Australian Capital Territory (loans to co-operative building societies)** — £350,000 in housing loans\n- **CSIRO (Commonwealth Scientific and Industrial Research Organisation)** — £223,260 for research facilities and land, partly offset by trust fund receipts\n- **Broadcasting and Television Services** — £42,800 for studio sites and buildings\n- **Northern Territory** — £61,300 including a £55,000 equipment grant to Commonwealth Hostels Limited\n- **Cocos (Keeling) Islands** — £1,000 for plant and equipment\n\n---\n\n## Why Does It Matter?\n\nUnder Australia's constitutional system, the government **cannot spend public money unless Parliament explicitly authorises it** (this is called an \"appropriation\"). This Act is the legal permission slip that makes these specific capital expenditures lawful. Without it, the Treasurer would have no authority to release the funds. The spending is also **backdated** to 1 July 1963, meaning it covers the full financial year from the start."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Section 4","severity":"medium","reasoning":"A deeming provision that backdates an appropriation to 1 July 1963 is a legal fiction used in Australian appropriation law to cover expenditure already incurred during the financial year. However, it creates a logical absurdity: money cannot lawfully be 'appropriated' for purposes before the authorising legislation exists. In practice, expenditure would have been incurred under the principal Appropriation Act, making this retroactive appropriation a post-hoc legalisation of spending that arguably couldn't have been authorised by a non-existent Act. While this technique was common practice, it remains logically incoherent — you cannot appropriate money under an Act that had not yet been passed.","confidence":0.75,"description":"The Act was assented to on 26 May 1964, but Section 4 deems the appropriation to have been in effect 'as from the first day of July, One thousand nine hundred and sixty-three' — nearly 11 months before the Act legally existed."},{"type":"other","section":"Section 3 & Schedule (CSIRO Division No. 941)","severity":"low","reasoning":"Appropriation Acts authorise the issue of money from the Consolidated Revenue Fund. Netting off expected receipts within the appropriation line itself is logically awkward — the Act purports to authorise the issue of £131,000 but implicitly acknowledges only £46,600 will actually come from the CRF. If the Trust Fund receipts don't materialise, the net figure becomes meaningless as a spending cap. The same netting approach appears in Division No. 943 (£181,060 less £4,400). This is an accounting curiosity rather than a drafting catastrophe, but it muddies the legal clarity of what is actually being appropriated.","confidence":0.65,"description":"CSIRO Division No. 941 appropriates £131,000 for buildings and works, then subtracts £84,400 as 'Less amount to be received from the Specific Research Trust Fund', yielding a net of £46,600. This means the Act is appropriating money it simultaneously expects to receive back from another source, making the gross appropriation figure notional rather than real."},{"type":"circular_definition","section":"Schedule — Department of Works (Division No. 864)","severity":"low","reasoning":"The Department of Works controls expenditure divisions for External Affairs, Treasury, Trade and Industry, Housing, and Broadcasting — yet its own appropriation for site acquisition is placed 'Under Control of Department of the Interior'. This means Works controls others but is itself controlled elsewhere, which is not strictly a legal absurdity but creates an administratively circular accountability chain that would make it difficult to determine who is ultimately responsible for cross-departmental works expenditure.","confidence":0.55,"description":"The Department of Works entry in Part 1 is listed 'Under Control of Department of the Interior', yet the Act's own Schedule header for Part 1 is titled 'Departments and Services — Other Than Business Undertakings and Territories of the Commonwealth'. The Department of Works is simultaneously acting as the controlling authority for other departments' divisions (e.g. External Affairs Div. 845, Treasury Div. 850) while itself being controlled by a third department (Interior). This creates a circular administrative control relationship."},{"type":"self_contradicting","section":"Section 3 & Schedule (ACT — Department of the Interior, Division No. 980, Item 08)","severity":"medium","reasoning":"The Act's own long title restricts its purpose to 'Additions, New Works and other Services involving Capital Expenditure'. Issuing loans to cooperative building societies is a financial transaction — the Commonwealth is not constructing anything, it is lending money. This sits uneasily with the stated purpose of the Act. While loans could be argued to constitute 'capital expenditure' on a broad reading (they appear on the balance sheet as assets), they are categorically different from the 'Additions' and 'New Works' that dominate the rest of the Schedule. This is the single largest line item in the entire Act and arguably falls outside the Act's own stated scope.","confidence":0.72,"description":"The Act appropriates £350,000 — fully 19.7% of the entire appropriation — as 'Loans to co-operative building societies' under a Works and Services Act explicitly stated in its long title to be 'for the purposes of Additions, New Works and other Services involving Capital Expenditure'. Loans to building societies are financial instruments, not capital works."},{"type":"self_contradicting","section":"Section 3 & Schedule (CSIRO — Division No. 941 and 943 netting)","severity":"medium","reasoning":"Section 3 says the Treasurer 'may issue out of the Consolidated Revenue Fund... the sum of One million seven hundred and seventy-seven thousand pounds' — this implies £1,777,000 will leave the CRF. But the Schedule nets off £88,800 in expected Trust Fund receipts to arrive at that figure, meaning the underlying spending authority is actually £1,865,800. The Act conflates gross spending with net CRF impact, creating ambiguity about whether the £1,777,000 cap is a spending ceiling or a CRF-draw ceiling. If Trust Fund money doesn't arrive, can spending still occur up to £1,865,800 or is it capped at £1,777,000?","confidence":0.7,"description":"The Act's long title states it authorises the issue of 'an additional sum' and Section 3 specifies this as exactly £1,777,000. However, the Schedule contains negative line items (the 'Less amount to be received' deductions in CSIRO), meaning the gross Schedule total before netting is £1,777,000 + £84,400 + £4,400 = £1,865,800. The authorised sum of £1,777,000 is therefore a net figure, but Section 3 authorises it as if it were a gross issue from the CRF."}],"contradictions":[{"severity":"medium","section_a":"Long Title / Section 3","section_b":"Schedule — ACT Division No. 980, Item 08","confidence":0.7,"description":"The long title and Section 3 confine the Act to 'Additions, New Works and other Services involving Capital Expenditure', but the Schedule's single largest line item (£350,000 — 19.7% of the total) is 'Loans to co-operative building societies', which is a financial instrument, not a capital work or service."},{"severity":"medium","section_a":"Section 3 (authorises issue of exactly £1,777,000)","section_b":"Schedule — CSIRO Divisions No. 941 and 943","confidence":0.68,"description":"Section 3 authorises a specific gross sum of £1,777,000 to be issued from the CRF, but the Schedule nets off £88,800 in Trust Fund receipts to arrive at that figure. The underlying gross authorised expenditure is £1,865,800, meaning Section 3's stated sum and the Schedule's implicit gross authority are inconsistent."},{"severity":"high","section_a":"Section 2 (Act commences on Royal Assent — 26 May 1964)","section_b":"Section 4 (appropriation deemed to have been made from 1 July 1963)","confidence":0.82,"description":"Section 2 provides that the Act comes into operation on the day of Royal Assent (26 May 1964), yet Section 4 immediately deems the appropriation to have existed from 1 July 1963 — 331 days before the Act legally commenced. The Act cannot logically have retroactive legal effect from a date prior to its own commencement."}]}},"importantCases":[],"_links":{"self":"/api/acts/appropriation-works-and-services-act-no-2-1963-64","history":"/api/acts/appropriation-works-and-services-act-no-2-1963-64/history","analysis":"/api/acts/appropriation-works-and-services-act-no-2-1963-64/analysis","conflicts":"/api/acts/appropriation-works-and-services-act-no-2-1963-64/conflicts","importantCases":"/api/acts/appropriation-works-and-services-act-no-2-1963-64/important-cases","documents":"/api/acts/appropriation-works-and-services-act-no-2-1963-64/documents"}}