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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
The Appropriation Act (No. 1) 1995–96 gives Parliament’s legal authority for the Commonwealth to spend $31,689,392,000 in the 1995–96 financial year, enabling day‑to‑day government activity from defence to health and social services.
It affects Commonwealth departments, statutory agencies and anyone who relies on federally funded services, and includes built‑in flexibility for wage movements, revenue‑offsetting, transitional transfers to new bodies, minor accounting adjustments and coordination with a forthcoming financial management law.
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Direct links to the current provisions in Appropriation Act (No. 1) 1995-96.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Appropriation Act (No. 1) 1995‑96
No. 60 of 1995
An Act to appropriate money out of the Consolidated Revenue Fund for the service of the year ending on 30 June 1996, and for related purposes
[Assented to 29 June 1995]
The Parliament of Australia enacts:
PART 1 ‑ GENERAL
Short title
Commencement
Issue and application of $ 31 689 392 000
74479 Cat. No. 95 5229 4 ISBN 0644 435879
(2) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).
Additional appropriation in respect of increases in salaries
(2) For the purposes of subsection (1), the Minister 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 the Schedule, as become payable or commence to be paid, during the year ending 30 June 1996, under a law, or an award, order or determination made under a law.
(3) Amounts issued under this section may be applied only for the purpose of expenditure in respect of increases referred to in subsection (2) in salaries and in payments in the nature of salary.
(4) The Minister must report the amounts so issued to the Parliament.
(5) The Consolidated Revenue Fund is appropriated as necessary for the purposes of this section.
Further issue, application and appropriation
(2) The amounts determined by the Minister under subsection (1) are appropriated for the purposes of the Loan Consolidation and Investment Reserve established by the Loan Consolidation and Investment Reserve Act 1955.
Money appropriated for a program
(a) the purpose of payments (including advances) under Acts administered as part of the program; and
(b) other purposes of the program, being purposes for which appropriation has been made in an earlier Act.
Net annotated appropriations
7. (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 7)", the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Department, statutory authority, or other body, for which the appropriation is made ("relevant agency"):
(a) from the sale, leasing or hiring out of, or other dealing with, goods or other personal property; or
(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
(c) from the provision of services; or
(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
(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 Minister responsible for the relevant agency;
may be credited to that item, subdivision or Division, to the extent and on the conditions agreed between the Minister and the Minister responsible for the relevant agency.
(2) If the Consolidated Revenue Fund is credited with an amount purported to have been paid in respect of:
(a) a sale, or other transaction, referred to in paragraph (1)(a), (b) or (e); or
(b) the provision of services; or
(c) any benefit referred to in paragraph (1)(d);
that 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.
Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs
8. (1) The Minister may determine in writing that an employment subsidy scheme or program for which money is appropriated under an item, subdivision or Division in the Schedule is an approved employment subsidy scheme or program for the purposes of this Act.
(2) If the Minister makes a determination under subsection (1) about an employment subsidy scheme or program, the Minister must (either in that determination or in another written instrument) declare either:
(a) that any payment out of money appropriated for the scheme or program is an approved payment for the purposes of this Act; or
(b) that only payments out of money appropriated from the scheme or program that are to be applied for a purpose specified in the declaration are approved payments for the purposes of this Act.
(3) In making a determination under subsection (1) or a declaration under subsection (2), the Minister is to observe any guidelines determined by the Minister under subsection (4).
(4) The Minister may determine in writing guidelines to be observed in making:
(a) a determination under subsection (1); or
(b) a declaration under subsection (2).
(5) If:
(a) a payment (whether real or notional) is made to a Department out of money appropriated for the purposes of an employment subsidy scheme or program that is an approved employment subsidy scheme or program for the purposes of this Act; and
(b) the payment is an approved payment for the purposes of this Act; and
(c) an item, subdivision or Division in the Schedule appropriates money to that Department for running costs;
the 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.
(6) If:
(a) the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Department; and
(b) that payment is an approved payment for the purposes of this Act;
that amount is taken, for the purposes of subsection (5), 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.
(7) In this section:
"Department" has the same meaning as in the Audit Act 1901.
Department of Communications and the Arts
9. (1) If a body to be known as the National Film and Sound Archive is established by legislation before 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Department of Communications and the Arts under subdivision 1 or 2 of Division 160 in the Schedule were:
(a) if the body is established on or before 1 July 1995 — an appropriation of that amount to the body; or
(b) if the body is established after 1 July 1995:
(i) an appropriation to the Department (for the purpose set out in the subdivision) of so much of that amount as is determined by the Minister, being an amount that is not less than the expenditure incurred by the Department in meeting running costs or on other services (as the case may be) preparatory to the establishment of the body; and
(ii) an appropriation of the balance of that amount to the body for its purposes in respect of the period commencing on the establishment of the body and ending on 30 June 1996.
(2) If a body to be known as the National Science and Technology Centre is established by legislation before 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Department of Communications and the Arts under subdivision 1 of Division 163 in the Schedule were:
(a) if the body is established on or before 1 July 1995 — an appropriation of that amount to the body; or
(b) if the body is established after 1 July 1995:
(i) an appropriation to the Department (for the purpose set out in the subdivision) of so much of that amount as is determined by the Minister, being an amount that is not less than the expenditure incurred by the Department in meeting running costs preparatory to the establishment of the body; and
(ii) an appropriation of the balance of that amount to the body for its purposes in respect of the period commencing on the establishment of the body and ending on 30 June 1996.
Department of the Environment, Sport and Territories
10. If a body to be known as the NEPC Service Corporation is established by legislation before 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Department of the Environment, Sport and Territories under subdivision 3 of Division 260 in the Schedule were:
(a) if the body is established on or before 1 July 1995 — an appropriation of that amount to the body; or
(b) if the body is established after 1 July 1995:
(i) an appropriation to the body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of the body in respect of the period commencing on the establishment of the body and ending on 30 June 1996; and
(ii) an appropriation of the balance of that amount to the Department for the purpose of meeting expenditure incurred by the Department on the Environment Program.
Department of Human Services and Health
11. If a corporation to be known as the Private Health Insurance Complaints Commissioner is established by legislation before 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Department of Human Services and Health under subdivision 1 of Division 340 in the Schedule were:
(a) if the corporation is established on or before 1 July 1995 — an appropriation of that amount to the corporation; or
(b) if the corporation is established after 1 July 1995:
(i) an appropriation to the corporation of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of the corporation in respect of the period commencing on the establishment of the corporation and ending on 30 June 1996; and
(ii) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs.
Department of Industry, Science and Technology
(a) if the body is established on or before 1 July 1995 — an appropriation of that amount to the body; or
(b) if the body is established after 1 July 1995:
(i) an appropriation to the body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of the body in respect of the period commencing on the establishment of the body and ending on 30 June 1996; and
(ii) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs.
(2) If a payment is made for the purposes of the Industry Innovation Program out of money appropriated under item 01 of subdivision 3 of Division 380 in the Schedule, the Schedule is taken, for the purposes of this Act and the Audit Act 1901, to provide that any money received by the Department of Industry, Science and Technology:
(a) as repayment of an amount that:
(i) was paid for the purposes of the Program out of money appropriated under that item or out of money appropriated for the Industry Innovation Program under a previous appropriation; and
(ii) was not spent; or
(b) as payment of fees charged for attendance at a seminar or conference held for the purposes of the Program; or
(c) from the sale of publications made available for the purposes of the Program.
may be credited to that item to the extent and on the conditions agreed between the Minister and the Minister responsible for the department.
(3) If the Consolidated Revenue Fund is credited with an amount purporting to be:
(a) a repayment of an amount referred to in paragraph (2)(a); or
(b) a payment in respect of:
(i) a seminar or conference referred to in paragraph (2)(b); or
(ii) a publication referred to in paragraph (2)(c);
that amount is taken, for the purposes of subsection (2), to be money received as repayment of that amount or as payment in respect of the seminar, conference or publication (as the case may be), whether or not money has in fact been received in payment of that amount.
Department of the Prime Minister and Cabinet
13. (1) If a body to be known as the Economic Planning Advisory Commission is established by legislation before 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Department under subdivision 1 of Division 502 in the Schedule were:
(a) if the body is established on or before 1 July 1995 — an appropriation of that amount to the body; or
(b) if the body is established after 1 July 1995:
(i) an appropriation to the Department (for the purpose set out in the subdivision) of so much of that amount as is determined by the Minister, being an amount that is not less than the expenditure incurred by the Department in meeting running costs preparatory to the establishment of the body; and
(ii) an appropriation of the balance of that amount to the body for its purposes in respect of the period commencing on the establishment of the body and ending on 30 June 1996.
(2) If a body to be known as the Australian Indigenous Corporations Commission is established by legislation before 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Aboriginal and Torres Strait Islander Commission under item 01 of subdivision 1 of Division 508 in the Schedule were:
(a) if the body is established on or before 1 July 1995 — an appropriation of that amount to the body; or
(b) if the body is established after 1 July 1995:
(i) an appropriation to the body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of the body in respect of the period commencing on the establishment of the body and ending on 30 June 1996; and
(ii) an appropriation of the balance of that amount to the Aboriginal and Torres Strait Islander Commission for the purpose of meeting its operating expenses.
Department of Transport
14. (1) This section applies if:
(a) a body to be known as the Civil Aviation Safety Authority; or
(b) a body to be known as Airservices Australia; or
(c) both those bodies
are established by legislation before 1 July 1996.
(2) If only one of those bodies is established on or before 1 July 1995, then, subject to subsection (5), this Act has effect as if the appropriation of an amount to the Civil Aviation Author
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