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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This Act has been repealed and is no longer in force. It is retained for historical reference.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. 3) 1994–95 authorises an extra $675,722,000 from the Consolidated Revenue Fund to fund Commonwealth operations and programs through 30 June 1995. It provides a mid‑year budget top‑up that affects federal departments and agencies and, indirectly, taxpayers and users of government services. The Act matters because it gives Parliament’s legal authority for that additional public spending.
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Direct links to the current provisions in Appropriation Act (No. 3) 1994-95.
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Appropriation Act (No. 3) 1994‑95
No. 27 of 1995
An Act to appropriate money out of the Consolidated Revenue Fund, additional to the money appropriated by the Appropriation Act (No. 1) 1994‑95, for the service of the year ending on 30 June 1995, and for related purposes
[Assented to 7 April 1995]
The Parliament of Australia enacts:
Short title
Commencement
Issue and application of $ 675 722 000
73164 Cat. No. 95 4766 5 ISBN 0644 435215
(2) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).
Additional appropriation in respect of increases in salaries
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 (other than the Appropriation Act (No. 2) 1994‑95).
Net annotated appropriations
(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 (l)(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 programs
7. (1) In this section, "Department" has the same meaning as in the Audit Act 1901.
(2) If:
(a) a payment is made to a Department out of money appropriated for the purposes of entry level training under item 02 of subdivision 4 of Division 220 in the Schedule; and
(b) an item, subdivision or Division in the Schedule to the Appropriation Act (No. 1) 1994‑95 appropriates money to that Department for running costs;
the last‑mentioned Schedule is taken, for the purposes of the Audit Act 1901, to provide that any money received by the Department by way of such a payment may be credited to that other item, subdivision or Division.
(3) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Department out of money appropriated as referred to in paragraph (2)(a), that amount is taken for the purposes of subsection (2), 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.
(4) If:
(a) a payment is made to a Department out of money appropriated for the purposes of entry level training under item 02 of subdivision 4 of Division 220 in the Schedule; and
(b) subsection (2) does not apply; 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 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.
(5) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Department out of money appropriated as referred to in paragraph (4)(a), that amount is taken, for the purposes of subsection (4), 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.
(6) If:
(a) a payment is made to a Department out of money appropriated for Labour Market Program Assistance to Jobseekers and Industry under subdivision 7 of Division 220 in the Schedule; and
(b) the payment is a subsidy in respect of the employment of a person by the Department under the JOBSTART Program, or the Jobskills Program, administered by the Commonwealth Employment Service; and
(c) an item, subdivision or Division in the Schedule to the Appropriation Act (No. 1) 1994‑95 appropriates money to that Department for running costs;
the last‑mentioned Schedule is taken, for the purposes of 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.
(7) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment of the kind referred to in paragraph (6)(b) made to a Department out of money appropriated as referred to in paragraph (6)(a), that amount is taken, for the purposes of subsection (6), 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.
(8) If:
(a) a payment is made to a Department out of money appropriated for Labour Market Program Assistance to Jobseekers and Industry under subdivision 7 of Division 220 in the Schedule; and
(b) the payment is a subsidy in respect of the employment of a person by the Department under the JOBSTART Program, or the Jobskills Program, administered by the Commonwealth Employment Service; and
(c) subsection (6) does not apply; and
(d) an item, subdivision or Division in the Schedule appropriates money to that Department for running costs;
the Schedule is taken, for the purposes of 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.
(9) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment of the kind referred to in paragraph (8)(b) made to a Department out of money appropriated as referred to in paragraph (8)(a), that amount is taken, for the purposes of subsection (8), 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.
(10) If:
(a) a payment is made to a Department out of money appropriated under item 3 of Division 832 in Schedule 2 to the Appropriation Act (No. 2) 1994‑95; and
(b) money was not appropriated to that Department under the Appropriation Act (No. 1) 1994‑95 or, if money was appropriated to that Department under that Act, no money was so appropriated for running costs; 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 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.
(11) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Department out of money appropriated as referred to in paragraph (10)(a), that amount is taken, for the purposes of subsection (10), 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.
(12) The Appropriation Act (No. 1) 1994‑95 has effect, and is taken at all times to have had effect, as if:
(a) there were inserted in paragraph 8(4)(b) ", or the Jobskills Program," after "Program"; and
(b) there were added at the end of section 8 the following subsections:
"(6) If:
(a) a payment is made to a Department out of money appropriated under item 3 of Division 832 in Schedule 2 to the Appropriation Act (No. 2) 1994‑95; and
(b) an item, subdivision or Division in the Schedule appropriates money to that Department for running costs;
the Schedule is taken, for the purposes of 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.
"(7) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment to a Department out of money appropriated as referred to in paragraph (6)(a), that amount is taken, for the purposes of subsection (6), 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.".
Department of Communications and the Arts
8. (1) If a body to be known as the National Film and Sound Archive is established by legislation during the year ending on 30 June 1995, 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 160 in the Schedule were:
(a) an appropriation to that body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of that body in respect of the period commencing on the establishment of that body and ending on 30 June 1995; and
(b) an appropriation of the balance of that amount to the Department for the purpose of meeting running costs or for expenditure on other services incurred by the Department preparatory to the establishment of that body.
(2) If a body to be known as the National Science and Technology Centre is established by legislation during the year ending on 30 June 1995, 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) an appropriation to that body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of that body in respect of the period commencing on the establishment of that body and ending on 30 June 1995; and
(b) an appropriation of the balance of that amount to the Department for the purpose of meeting running costs incurred by the Department preparatory to the establishment of that body.
Department of Employment, Education and Training
9. (1) If a body to be known as the Employment Services Regulatory Authority (ESRA) is established by legislation during the year ending on 30 June 1995, 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 Employment, Education and Training under subdivision 1 of Division 220 in the Schedule were:
(a) an appropriation to that body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of that body in respect of the period commencing on the establishment of that body and ending on 30 June 1995; and
(b) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs.
(2) The Appropriation Act (No. 1) 1994‑95 has effect, and is taken at all times to have had effect, as if the reference in section 10 of that Act to the Employment Service Regulatory Agency were a reference to the Employment Services Regulatory Authority.
Department of Industry, Science and Technology
(a) an appropriation to that body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of that body in respect of the period commencing on the establishment of that body and ending on 30 June 1995; and
(b) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs.
Department of the Prime Minister and Cabinet
(a) the Appropriation Act (No.1) 1994‑95 has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Economic Planning Advisory Council under subdivision 1 of Division 502 in the Schedule to that Act were:
(i) an appropriation to that body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of that body in respect of the period commencing on the establishment of that body and ending on 30 June 1995; and
(ii) an appropriation of the balance of that amount to the Council for the purpose of meeting running costs incurred by the Council preparatory to the establishment of that body; and
(b) this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Economic Planning Advisory Council under subdivision 1 of Division 502 in the Schedule were:
(i) an appropriation to that body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of that body in respect of the period commencing on the establishment of that body and ending on 30 June 1995; and
(ii) an appropriation of the balance of that amount to the Council for the purpose of meeting running costs incurred by the Council preparatory to the establishment of that body.
Department of Transport
(a) the Appropriation Act (No.1) 1994‑95 has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Civil Aviation Authority under subdivision 1 of Division 653 in the Schedule to that Act were:
(i) an appropriation to that body of so much of that amount as is determined, in writing, by the Minister to be required for the purposes of that body in respect of the period commencing on the establishment of that body and ending on 30 June 1995; and
(ii) an appropriation of the balance of that amount to the Civil Aviation Authority ; and
(b) this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Civil Avi
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