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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This Act has been repealed and is no longer in force. It is retained for historical reference.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. 2) 1995–96 authorises the withdrawal of $4,365,461,000 from the Consolidated Revenue Fund to pay specified Commonwealth services and programs, including $3.05 billion in payments to States and Territories and a $175 million contingency advance to the Finance Minister.
It affects Commonwealth agencies, state/territory recipients and program beneficiaries, and matters because it is Parliament’s statutory approval to spend public money under the Constitution.
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Direct links to the current provisions in Appropriation Act (No. 2) 1995-96.
PART 1 ‑ GENERAL
Short title
Commencement
Issue and application of $ 4 365 461 000
74480 Cat. No. 95 5230 8 ISBN 0644 436271
(2) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).
Payments to States
"Appropriation Act" means an Act appropriating money for expenditure in respect of a financial year.
(2) Payments out of such money appropriated by this Act as is specified in the Division, or unit of a Division, in Schedule 2 that is specified in column 2 of an item in Schedule 1, being payments that are made to a State for a purpose specified in column 3 of that item, must be made:
(a) on the terms and conditions (if any) that are from time to time determined, in writing, for the purposes of Appropriation Acts, by the Minister specified in column 4 of that item, as being terms and conditions applicable to payments under those Acts to a State for that purpose; and
(b) in the amounts and at the times that are determined, in writing, by the Minister specified in column 5 of that item.
(3) Payments to a State out of such of the money appropriated by this Act as is specified in Division 977 in Schedule 2 must be made in the amounts and at the times determined by the Treasurer.
(4) Nothing in this section limits, by implication, the power of the Commonwealth to make payments to a Territory, a local Government body, a body corporate, an organisation or an individual for any purposes for which money is appropriated under Appropriation Acts:
(a) on the terms and conditions; and
(b) in the amounts and at the times;
that the Commonwealth determines.
Money appropriated for a program
(a) the purpose of payments (including advances) under Acts administered as part of the program; and
(b) any other purposes of the program.
Accounting errors etc. may be corrected after close of financial year
(a) to correct errors or mispostings in the official accounting records of the Commonwealth; or
(b) to balance the Consolidated Revenue Fund, the Trust Fund or the Loan Fund;
if 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.
PART 2 ‑ SPECIAL APPLICATION OF ACT
Definitions
"Financial Management and Accountability Act" means the Act to be cited as:
(a) the Financial Management and Accountability Act 1995; or
(b) the Financial Management and Accountability Act 1996;
"item" means an item, subdivision or Division in Schedule 2;
"operative day" means the day on which the Financial Management and Accountability Act commences.
Application of Part
Act to have effect subject to modifications
(2) After section 2 the following section is inserted:
Interpretation
"2A. In this Part:
'Financial Management and Accountability Act' means:
(a) the Financial Management and Accountability Act 1995; or
(b) the Financial Management and Accountability Act 1996; whichever is in force.".
(3) After section 5 the following sections are inserted:
Certain amounts taken to be appropriated
"5A. If an item, subdivision or Division in Schedule 2 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:
(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 1996 are taken to have been appropriated for the purpose or services referred to in that item, subdivision or Division; and
(b) the Minister is authorised to issue and apply those amounts accordingly.
Debiting of expenditure charged to Minister's advance
"5B. Any expenditure in excess of a specific appropriation or not specifically provided for by appropriation may be charged to an item, subdivision or Division in Schedule 2 as the Minister directs but the total expenditure so charged in the year ending 30 June 1996, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head 'Advance to the Minister for Finance'.".
(4) Section 6 is omitted and the following section is substituted;
Consolidated Revenue Fund not to be debited after close of financial year
"6. (1) An amount appropriated under section 3 may not be debited from the Consolidated Revenue Fund after 30 June 1996.
(2) Subsection (1) does not prevent the Minister from taking action after 30 June 1996:
(a) to correct errors or mispostings in the financial accounting records of the Commonwealth; or
(b) to balance the Funds (within the meaning of the Financial Management and Accountability Act);
if the action does not result in an amount being debited from a Fund otherwise than for the purpose of being credited to another Fund.".
(5) If:
(a) the description of the purpose of an appropriation set out in an item indicates that amounts appropriated under the item are to be paid into a particular account, being a Trust Account that was established under section 62A of the Audit Act 1901; and
(b) under a determination by the Minister (under section 20 of the Financial Management and Accountability Act) establishing a component of the Reserved Money Fund, amounts of that kind that, immediately before the operative day, were to be placed to the credit of the Trust Account are allowed or required to be transferred from the Consolidated Revenue Fund to that component of the Reserved Money Fund;
the item is modified by omitting the reference to the Trust Account and substituting a reference to that component of the Reserved Money Fund.
Note: In each case, the name of the component is the same as the name of the account that it replaces except that for "Trust Account" or "Account" (as the case may be) "Reserve" is substituted.
(6) If:
(a) the description of the purpose of an appropriation set out in an item indicates that amounts apppropriated under the item are to be paid into a particular account, being a Trust Account that was established under section 62A of the Audit Act 1901; and
(b) under a determination by the Minister (under section 21 of the Financial Management and Accountability Act) establishing a component of the Commercial Activities Fund, amounts of that kind that, immediately before the operative day, were to be placed to the credit of the Trust Account are allowed or required to be transferred from the Consolidated Revenue Fund to that component of the Commercial Activities Fund;
the item is modified by omitting the reference to the Trust Account and substituting a reference to that component of the Commercial Activities Fund.
Note: In each case, the name of the component is the same as the name of the account that it replaces except that for "Trust Account" or "Account" (as the case may be)" ‑ Commercial Activities" is substituted.
SCHEDULE 1 Section 4
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item No. | Division, &c. | Purpose | Minister determining conditions | Minister determining payments |
| 1 | Division 821 | Transfer of Repatriation General Hospitals.Improving delivery of veterans' care via community‑based facilities in Victoria. | Minister for Veterans' Affairs | Minister for Veterans' Affairs |
| 2 | Division 849 | Australian Heritage Commission ‑ For payment under the Australian Heritage Commission Act 1975.Payment to the Great Barrier Reef Marine Park Authority for payment to Queensland for the day‑to‑day management in relation to the Great Barrier Reef Marine Park.Payments to the States for the management of World Heritage Properties.Assistance for water and sewerage services.Payment to compensate for the effects of national capital influences on the cost of providing municipal services.Payments to the States and the Northern Territory for the reimbursement of expenses incurred in the administration of the Sea Installations Act 1987.Assistance to New South Wales for capital works associated with the Sydney 2000 Olympic Games.Payment to Queensland for the Daintree Rescue Strategy. | Minister for the Environment, Sport and Territories | Minister for the Environment, Sport and Territories |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item No. | Division, &c. | Purpose | Minister determining conditions | Minister determining payments |
| 3 | Division 861 | Natural disaster relief and restoration. | Minister for Finance | Minister for Finance |
| 4 | Subdivision 1 of Division 881 | Supported Accommodation Assistance Program (for expenditure under the Supported Accommodation Assistance Act 1994).Social Housing Subsidy Program.Referral services for women escaping domestic violence in rural and remote areas. | Minister for Housing and Regional Development | Minister for Housing and Regional Development |
| 5 | Subdivision 2 of Division 881 | Payment to Western Australia for sewerage and water quality infrastructure. | Minister for Housing and Regional Development | Minister for Housing and Regional Development |
| 6 | Subdivision 4 of Division 881 | Australian Capital Territory ‑ Financial assistance grant for local government purposes. | Minister for Housing and Regional Development | Minister for Housing and Regional Development |
| 7 | Subdivision 1 of Division 891 | National Drug Strategy. Contribution towards measures to combat the transmission of Acquired Immune Deficiency Syndrome.Women's Health Program.Innovative health services for homeless youth.National program for early detection of breast cancer.National Cervix Screening Program.National Education Program on Female Genital Mutilation.National Childhood Immunisation Program. | Minister for Human Services and Health | Minister for Human Services and Health |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item No. | Division, &c. | Purpose | Minister determining conditions | Minister determining payments |
| 8 | Subdivision 2 of Division 891 | Blood Transfusion Service.Grants for provision of health services (including payments made under the Health Insurance Act 1973).Reducing waiting times for elective surgery.Bone marrow and organ donor register.Medicare Agreements ‑other health services.Commonwealth Dental Program for Health Card Holders.Development and distribution of public patients’ hospital charter.Palliative Care.National Mental Health Program. | Minister for Human Services and Health | Minister for Human Services and Health |
| 9 | Subdivision 3 of Division 891 | Residential Care for Older People. | Minister for Human Services and Health | Minister for Human Services and Health |
| 10 | Subdivision 4 of Division 891 | Commonwealth/State disability agreement ‑ transition payments.Commonwealth/State disability agreement ‑ transfer to States. | Minister for Human Services and Health | Minister for Human Services and Health |
| 11 | Subdivision 5 of Division 891 | Child Care assistance.Other Services for Families with Children. | Minister for Family Services | Minister for Family Services |
| 12 | Subdivision 6 of Division 891 | Home and Community Care (for expenditure under the Home and Community Care Act 1985). | Minister for Human Services and Health | Minister for Human Services and Health |
| 13 | Division 916 | EnterpriseDevelopment Program.Multifunction Polis ‑Payments to South Australia.Industry Innovation Program.Enterprise Networking Program. | Minister for Industry, Science and Technology | Minister for Industry, Science and Technology |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item No. | Division, &c. | Purpose | Minister determining conditions | Minister determining payments |
| 14 | Division 931 | Tasmanian wheat freight scheme ‑ subsidy for wheat shipment.Tasmanian wheat freight scheme ‑ grant to upgrade Devonport wheat storage facilities.National Landcare Program ‑Payment to the States for the purpose of the Natural Resources Management (Financial Assistance) Act 1992.Commonwealth/Tasmania Forest Industry Package.Murray‑Darling Basin ‑Natural Resources Management Strategy.North Queensland Community Rainforests Revegetation Program.National Forest Policy Program.Commonwealth/New South Wales Forest Industry Package.Payments to State Rural Adjustment Scheme authorities for costs associated with issuing drought exceptional circumstances certificates.Bovine Brucellosis and Tuberculosis Eradication Campaign.Exotic Disease Preparedness Program ‑ Feral animal control.Remote sensing of land coverage. | Minister for Primary Industries and Energy | Minister for Primary Industries and Energy |
| 15 | Division 949 | Compensation for extension of fringe benefits to pensioners and older long‑term allowees and beneficiaries. | Minister for Social Security | Minister for Social Security |
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Appropriation Act (No. 2) 1995‑96
No. 61 of 1995
An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure in respect 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 $ 4 365 461 000
74480 Cat. No. 95 5230 8 ISBN 0644 436271
(2) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).
Payments to States
"Appropriation Act" means an Act appropriating money for expenditure in respect of a financial year.
(2) Payments out of such money appropriated by this Act as is specified in the Division, or unit of a Division, in Schedule 2 that is specified in column 2 of an item in Schedule 1, being payments that are made to a State for a purpose specified in column 3 of that item, must be made:
(a) on the terms and conditions (if any) that are from time to time determined, in writing, for the purposes of Appropriation Acts, by the Minister specified in column 4 of that item, as being terms and conditions applicable to payments under those Acts to a State for that purpose; and
(b) in the amounts and at the times that are determined, in writing, by the Minister specified in column 5 of that item.
(3) Payments to a State out of such of the money appropriated by this Act as is specified in Division 977 in Schedule 2 must be made in the amounts and at the times determined by the Treasurer.
(4) Nothing in this section limits, by implication, the power of the Commonwealth to make payments to a Territory, a local Government body, a body corporate, an organisation or an individual for any purposes for which money is appropriated under Appropriation Acts:
(a) on the terms and conditions; and
(b) in the amounts and at the times;
that the Commonwealth determines.
Money appropriated for a program
(a) the purpose of payments (including advances) under Acts administered as part of the program; and
(b) any other purposes of the program.
Accounting errors etc. may be corrected after close of financial year
(a) to correct errors or mispostings in the official accounting records of the Commonwealth; or
(b) to balance the Consolidated Revenue Fund, the Trust Fund or the Loan Fund;
if 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.
PART 2 ‑ SPECIAL APPLICATION OF ACT
Definitions
"Financial Management and Accountability Act" means the Act to be cited as:
(a) the Financial Management and Accountability Act 1995; or
(b) the Financial Management and Accountability Act 1996;
"item" means an item, subdivision or Division in Schedule 2;
"operative day" means the day on which the Financial Management and Accountability Act commences.
Application of Part
Act to have effect subject to modifications
(2) After section 2 the following section is inserted:
Interpretation
"2A. In this Part:
'Financial Management and Accountability Act' means:
(a) the Financial Management and Accountability Act 1995; or
(b) the Financial Management and Accountability Act 1996; whichever is in force.".
(3) After section 5 the following sections are inserted:
Certain amounts taken to be appropriated
"5A. If an item, subdivision or Division in Schedule 2 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:
(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 1996 are taken to have been appropriated for the purpose or services referred to in that item, subdivision or Division; and
(b) the Minister is authorised to issue and apply those amounts accordingly.
Debiting of expenditure charged to Minister's advance
"5B. Any expenditure in excess of a specific appropriation or not specifically provided for by appropriation may be charged to an item, subdivision or Division in Schedule 2 as the Minister directs but the total expenditure so charged in the year ending 30 June 1996, after deduction of amounts of repayments, must not at any time exceed the amount appropriated for that year under the head 'Advance to the Minister for Finance'.".
(4) Section 6 is omitted and the following section is substituted;
Consolidated Revenue Fund not to be debited after close of financial year
"6. (1) An amount appropriated under section 3 may not be debited from the Consolidated Revenue Fund after 30 June 1996.
(2) Subsection (1) does not prevent the Minister from taking action after 30 June 1996:
(a) to correct errors or mispostings in the financial accounting records of the Commonwealth; or
(b) to balance the Funds (within the meaning of the Financial Management and Accountability Act);
if the action does not result in an amount being debited from a Fund otherwise than for the purpose of being credited to another Fund.".
(5) If:
(a) the description of the purpose of an appropriation set out in an item indicates that amounts appropriated under the item are to be paid into a particular account, being a Trust Account that was established under section 62A of the Audit Act 1901; and
(b) under a determination by the Minister (under section 20 of the Financial Management and Accountability Act) establishing a component of the Reserved Money Fund, amounts of that kind that, immediately before the operative day, were to be placed to the credit of the Trust Account are allowed or required to be transferred from the Consolidated Revenue Fund to that component of the Reserved Money Fund;
the item is modified by omitting the reference to the Trust Account and substituting a reference to that component of the Reserved Money Fund.
Note: In each case, the name of the component is the same as the name of the account that it replaces except that for "Trust Account" or "Account" (as the case may be) "Reserve" is substituted.
(6) If:
(a) the description of the purpose of an appropriation set out in an item indicates that amounts apppropriated under the item are to be paid into a particular account, being a Trust Account that was established under section 62A of the Audit Act 1901; and
(b) under a determination by the Minister (under section 21 of the Financial Management and Accountability Act) establishing a component of the Commercial Activities Fund, amounts of that kind that, immediately before the operative day, were to be placed to the credit of the Trust Account are allowed or required to be transferred from the Consolidated Revenue Fund to that component of the Commercial Activities Fund;
the item is modified by omitting the reference to the Trust Account and substituting a reference to that component of the Commercial Activities Fund.
Note: In each case, the name of the component is the same as the name of the account that it replaces except that for "Trust Account" or "Account" (as the case may be)" ‑ Commercial Activities" is substituted.
SCHEDULE 1 Section 4
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item No. | Division, &c. | Purpose | Minister determining conditions | Minister determining payments |
| 1 | Division 821 | Transfer of Repatriation General Hospitals.Improving delivery of veterans' care via community‑based facilities in Victoria. | Minister for Veterans' Affairs | Minister for Veterans' Affairs |
| 2 | Division 849 | Australian Heritage Commission ‑ For payment under the Australian Heritage Commission Act 1975.Payment to the Great Barrier Reef Marine Park Authority for payment to Queensland for the day‑to‑day management in relation to the Great Barrier Reef Marine Park.Payments to the States for the management of World Heritage Properties.Assistance for water and sewerage services.Payment to compensate for the effects of national capital influences on the cost of providing municipal services.Payments to the States and the Northern Territory for the reimbursement of expenses incurred in the administration of the Sea Installations Act 1987.Assistance to New South Wales for capital works associated with the Sydney 2000 Olympic Games.Payment to Queensland for the Daintree Rescue Strategy. | Minister for the Environment, Sport and Territories | Minister for the Environment, Sport and Territories |
SCHEDULE 1 — continued
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item No. | Division, &c. | Purpose | Minister determining conditions | Minister determining payments |
| 3 | Division 861 | Natural disaster relief and restoration. | Minister for Finance | Minister for Finance |
| 4 | Subdivision 1 of Division 881 | Supported Accommodation Assistance Program (for expenditure under the Supported Accommodation Assistance Act 1994).Social Housing Subsidy Program.Referral services for women escaping domestic violence in rural and remote areas. | Minister for Housing and Regional Development | Minister for Housing and Regional Development |
| 5 | Subdivision 2 of Division 881 | Payment to Western Australia for sewerage and water quality infrastructure. | Minis |
This is an opening excerpt, not the complete document.