Appropriation Act (No. 3) 1996-97

Part 1—General

1 Short title

This Act may be cited as the Appropriation Act (No. 3) 1996-97.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Issue and application of $ 930 275 000

(1) 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 1997, the sum of $ 930 275 000.

(2) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).

4 Additional appropriation in respect of increases in salaries

Section 5 of the Appropriation Act (No. 1) 1996-97 has effect, on and from the commencement of this Act, as if the reference in subsection (2) of that section to Schedule 3 to that Act included a reference to the Schedule to this Act.

5 Money appropriated for a program

If money is appropriated by this Act for a particular program, that money is taken to be appropriated for:

(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) 1996-97).

6 Net annotated appropriations

(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 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.

7 Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs

(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 for 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.

8 Department of Communications and the Arts

If a body to be known as the National Science and Technology Centre is established by legislation before 1 July 1997, 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 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

(b) 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 1997.

9 Department of Health and Family Services

If a body to be known as the Aged Care Standards Agency is established by legislation before 1 July 1997, 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 Health and Family Services under subdivision 1 or 2 of Division 340 in the Schedule were:

(a) 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 1997; and

(b) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs or for expenditure on other services (as the case may be).

10 Department of Industry, Science and Tourism

If a body to be known as the Gene Technology Authority is established by legislation before 1 July 1997, 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 Industry, Science and Tourism under subdivision 1 of Division 380 in the Schedule were:

(a) 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 1997; and

(b) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs.

11 Department of the Prime Minister and Cabinet

(1) If a payment is made out of money appropriated, under item 06 of Subdivision 2 of Division 500 in the Schedule, for the purpose of the Reconciliation process between the Commonwealth and Aboriginals, 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 the Prime Minister and Cabinet:

(a) as payment for:

(i) the rights to sponsor a seminar or conference held to further the purpose of the appropriation under that item; or

(ii) any fees charged for attendance at such a seminar or conference; or

(b) from the sale, leasing or hiring out of, or other dealings with, goods or other property promoted at such a seminar or conference;

may be credited to that item to the extent and on the conditions agreed between the Minister and the Minister responsible for the Department.

(2) If the Consolidated Revenue Fund is credited with an amount purporting to be a payment in respect of:

(a) rights referred to in subparagraph (1)(a)(i); or

(b) fees referred to in subparagraph (1)(a)(ii); or

(c) the proceeds of a sale, or other transaction, referred to in paragraph (1)(b);

that amount is taken, for the purposes of subsection (1), to be money received as payment for those rights or fees or for that sale or other transaction (as the case may be), whether or not money has in fact been received in payment of that amount.

12 Department of the Treasury

If a body to be known as the Productivity Commission is established by legislation before 1 July 1997, this Act has effect, and is taken at all times to have had effect, as if the appropriation of an amount to the Industry Commission under subdivision 1 or 2 of Division 678 in the Schedule were:

(a) an appropriation to the Industry Commission (for the purposes set out in the subdivision) of so much of mat amount as is determined, in writing, by the Minister, being an amount that is not less than the expenditure incurred by the Commission in meeting its running costs or for expenditure on other services (as the case may be) before the establishment of the body; and

(b) 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 1997.

13 Act to be subject to Loan Act

This Act has effect subject to the Loan Act 1996.

Accounting errors etc. may be corrected after close of financial year

Despite section 36 of the Audit Act 1901, the Minister may take action after 30 June 1997:

(a) to correct errors or mispostings in the official accounting records of the Commonwealth for the year ending on that day; 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.

Note: 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.

Part 2 — Special application of Act

15 Definitions

In this Part:

Financial Management and Accountability Act means the Act to be cited as the Financial Management and Accountability Act 1997.

item means an item, subdivision or Division in the Schedule.

operative day means the day on which the Financial Management and Accountability Act commences.

16 Application of Part

This Part applies if the Financial Management and Accountability Act commences before 1 July 1997.

17 Act to have effect subject to modifications

This Act has effect on and after the operative day subject to the modifications set out in the following sections.

18 Insertion of definition

After section 2 the following section is inserted:

2A Definition

In this Part:

Agency has the same meaning as in the Financial Management and Accountability Act 1997.

19 Modification relating to net annotated appropriations

Section 6 is repealed and the following section is substituted:

6 Net annotated appropriations If:

(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

(b) there is in force an agreement (entered into under the Financial Management and Accountability Act 1997) between:

(i) the Minister; and

(ii) the Minister responsible for the Agency for which the appropriation is made or the Chief Executive of that Agency (as the case requires);

to 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 Agency under the item, subdivision or Division, to the extent and on the conditions set out in the agreement;

the 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.

20 Modifications relating to payments to Departments out of money appropriated for certain purposes

Section 7 is modified:

(a) by omitting from paragraph (5)(a) "a Department" and substituting "an Agency";

(b) by omitting from paragraph (5)(c) "Department" and substituting " Agency";

(c) by omitting from subsection (5) all the words from and including "the Schedule" and substituting "the item, subdivision or Division is taken to specify that the payment may be credited to the item, subdivision or Division";

(d) by repealing subsections (6) and (7).

21 Modification relating to the appropriation of certain amounts

After section 7 the following sections are inserted:

7 A Certain amounts taken to be appropriated

If 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:

(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 1997 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.

7B Debiting of expenditure charged to Minister's advance

Any expenditure:

(a) in excess of a specific appropriation; or

(b) not specifically provided for by appropriation;

may be charged to an item, subdivision or Division in the Schedule as the Minister directs but the total expenditure so charged in the year ending 30 June 1997, 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".

Modification relating to the debiting of the Consolidated Revenue Fund after the close of a financial year

Section 15 is repealed and the following section is substituted:

15 Consolidated Revenue Fund not to be debited after close of financial year

(1) An amount appropriated under this Act may not be debited from the Consolidated Revenue Fund after 30 June 1997.

(2) Subsection (1) does not prevent the Minister from taking action after 30 June 1997:

(a) to correct errors or mispostings in the financial accounting records of the Commonwealth for the year ending on that day; or

(b) to balance the Funds (within the meaning of the Financial Management and Accountability Act 1997);

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.

23 Modifications relating to payment of appropriated amounts into components of the Reserved Money Fund, etc.

(1) 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 an account that was established or continued in existence by an Act (relevant Act); and

(b) that account formed part of the Trust Fund established under the Audit Act 1901; and

(c) the relevant Act has established a component of the Reserved Money Fund to replace that account;

the item is modified by omitting the reference to the account and substituting a reference to that component of the Reserved Money Fund.

(2) 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 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.

(3) 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 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.