Appropriation Act (No. 4) 1995-96

PART 1 ‑ GENERAL

Short title

1. This Act may be cited as the Appropriation Act (No. 4) 1995‑96.

Commencement

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

Issue and application of $ 576 326 463

3. (1) The Minister may issue out of the Consolidated Revenue Fund and apply for the services specified in Schedule 2, in respect of the year ending on 30 June 1996, the sum of $ 576 326 463.

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

Payment to Dr Lawrence not to exceed a certain amount

4.(1) Payments out of such money appropriated by this Act as is specified in subsection (2) must not exceed the amount of the legal costs of Dr C. Lawrence in relation to the Marks Royal Commission remaining after deduction from those costs of any amount paid or payable to or for Dr Lawrence by the Government of Western Australia for legal costs in relation to the Marks Royal Commission.

(2) The money referred to in subsection (1) is as specified in Division 807, OTHER SERVICES, item 02, Dr C. Lawrence — legal costs in relation to the Marks Royal Commission, being $556 463.

(3) In this Act, any reference, however expressed, to legal costs of Dr C. Lawrence in relation to the Marks Royal Commission does not include legal costs (however constituted) of Dr C. Lawrence for or in relation to proceedings in a court in relation to the Marks Royal Commission.

Payments to States

5. (1) In this section and in determinations for the purposes of paragraph (2)(a) or (b):

“Appropriation Act” means an Act appropriating money for expenditure in respect of a financial year and includes an Act appropriating money, by way of interim provision, for such expenditure.

(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

6. 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) any other purposes of the program.

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

7. The fact that the appropriation of an amount under this Act ceases (because of section 36 of the Audit Act 1901) to have effect at the end of 30 June 1996 does not prevent the Minister from taking action after that day:

(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

8. In this Part, unless the contrary intention appears:

“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

9. This Part applies if the Financial Management and Accountability Act commences before 30 June 1996.

Act to have effect subject to modifications

10. (1) This Act has effect on and after the operative day subject to the modifications set out in the following subsections.

(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 such 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.

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SCHEDULE 1 Section 5