An Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Definitions
4 Portfolio Budget Statements etc.
5 Notional payments, receipts etc.
Part 2—Basic appropriations
6 Summary of basic appropriations
7 Departmental items—basic appropriation
8 Administered items—basic appropriation
9 Reduction of appropriations upon request
Part 3—Additions to basic appropriations
10 Comcover receipts
Part 4—Miscellaneous
11 Crediting amounts to Special Accounts
12 Appropriation of the Consolidated Revenue Fund
Schedule 1—Services for which money is appropriated
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Appropriation Act (No. 5) 2004-2005
No. 70, 2005
An Act to appropriate additional money out of the Consolidated Revenue Fund for the ordinary annual services of the Government, and for related purposes
[Assented to 26 June 2005]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Appropriation Act (No. 5) 2004‑2005.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Definitions
In this Act, unless the contrary intention appears:
administered item means an amount set out in Schedule 1 opposite an outcome of an entity under the heading “Administered Expenses”.
Agency means any of the following:
(a) an Agency within the meaning of the Financial Management and Accountability Act 1997;
(b) the High Court.
Agency Minister, in relation to an Agency, means the Minister responsible for the Agency.
Chief Executive has the same meaning as in the Financial Management and Accountability Act 1997.
Commonwealth authority has the same meaning as in the Commonwealth Authorities and Companies Act 1997.
Commonwealth company has the same meaning as in the Commonwealth Authorities and Companies Act 1997.
current year means the financial year ending on 30 June 2005.
departmental item means the total amount set out in Schedule 1 in relation to an entity under the heading “Departmental Outputs”.
Note: The amounts set out opposite outcomes, under the heading “Departmental Outputs”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.
entity means any of the following:
(a) an Agency;
(b) a Commonwealth authority;
(c) a Commonwealth company;
(d) the Australian National Training Authority.
expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.
Finance Minister means the Minister administering this Act.
item means an administered item or a departmental item.
Portfolio Additional Estimates Statements means the Portfolio Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for the Appropriation Act (No. 3) 2004‑2005 and the Bill for the Appropriation Act (No. 4) 2004‑2005.
Portfolio Budget Statements means the Portfolio Budget Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for the Appropriation Act (No. 1) 2004‑2005 and the Bill for the Appropriation Act (No. 2) 2004‑2005.
Portfolio Supplementary Additional Estimates Statements means the Portfolio Supplementary Additional Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for the Appropriation (Tsunami Financial Assistance) Act 2004‑2005 and the Bill for the Appropriation (Tsunami Financial Assistance and Australia‑Indonesia Partnership) Act 2004‑2005.
Portfolio Supplementary Additional Estimates Statements No. 2 means the Portfolio Supplementary Additional Estimates Statements No. 2 that were tabled in the Senate or the House of Representatives in relation to the Bill for this Act and the Bill for the Appropriation Act (No. 6) 2004‑2005.
section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997.
Special Account has the same meaning as in the Financial Management and Accountability Act 1997.
4 Portfolio Budget Statements etc.
(1) The Portfolio Budget Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements and Portfolio Supplementary Additional Estimates Statements No. 2 are hereby declared to be relevant documents for the purposes of section 15AB of the Acts Interpretation Act 1901.
Note: See paragraph 15AB(2)(g) of the Acts Interpretation Act 1901.
(2) If the Portfolio Budget Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements or Portfolio Supplementary Additional Estimates Statements No. 2 indicate that activities of a particular kind were intended to be treated as activities in respect of a particular outcome, then expenditure for the purpose of carrying out those activities is taken to be expenditure for the purpose of contributing to achieving the outcome.
5 Notional payments, receipts etc.
For the purposes of this Act, notional transactions between Agencies are to be treated as if they were real transactions.
Note: This section applies, for example, to a “payment” between Agencies that are both part of the Commonwealth. One of the effects of this section is that the payment will be debited from an appropriation for the paying Agency, even though no payment is actually made from the Consolidated Revenue Fund.
Part 2—Basic appropriations
6 Summary of basic appropriations
The total of the items specified in Schedule 1 is $291,568,000.
Note 1: Items in Schedule 1 can be increased under section 13 of the Appropriation Act (No. 1) 2004‑2005 (as modified by section 10 of this Act).
Note 2: See also section 30A of the Financial Management and Accountability Act 1997, which provides for adjustment of appropriations to take account of GST.
7 Departmental items—basic appropriation
(1) For a departmental item for an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the amount specified in the item.
Note: Generally, the Finance Minister is permitted, but not obliged, to issue the amounts out of the Consolidated Revenue Fund. However, subsections (3) and (4) impose an obligation on the Finance Minister to issue the amounts in certain circumstances.
(2) An amount issued out of the Consolidated Revenue Fund for a departmental item for an entity may only be applied for the departmental expenditure of the entity.
Note: The acquisition of new departmental assets will usually be funded from an other departmental item (in another Appropriation Act).
(3) If:
(a) an Act provides that an entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and
(b) Schedule 1 contains a departmental item for that entity;
then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund the full amount specified in the item.
(4) If a departmental item for an Agency includes provision for payment of remuneration and allowances to the holder of:
(a) a public office (within the meaning of the Remuneration Tribunal Act 1973); or
(b) an office specified in a Schedule to the Remuneration and Allowances Act 1990;
then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund, under that item, amounts that are sufficient to pay the remuneration and allowances and must apply the amounts for that purpose.
8 Administered items—basic appropriation
(1) For an administered item for an outcome of an entity, the Finance Minister may issue out of the Consolidated Revenue Fund amounts that do not exceed, in total, the lesser of:
(a) the amount specified in the item; and
(b) the amount determined by the Finance Minister in relation to the item, having regard to the expenses incurred by the entity in the current year in relation to the item.
(2) An amount issued out of the Consolidated Revenue Fund for an administered item for an outcome of an entity may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving that outcome.
Note: The acquisition of new administered assets will usually be funded from an administered assets and liabilities item (in another Appropriation Act).
(3) A determination under paragraph (1)(b) is not a legislative instrument.
9 Reduction of appropriations upon request
(1) The Finance Minister may, upon written request by a Minister, make a written determination under this section reducing a departmental item for an entity for which the Minister is responsible by the amount specified in the determination.
(2) The Finance Minister may, upon written request by the Chief Executive of an entity for which the Finance Minister is responsible, make a written determination under this section reducing a departmental item for that entity by the amount specified in the determination.
(3) Where a determination is made, the amount specified in the item is taken to have been reduced by the amount specified in the determination.
(4) However, a determination is of no effect if the determination has not been requested under subsection (1) or (2).
(5) In addition, a determination reduces an amount specified in the item only to the extent that the amount of the reduction is no greater than the lesser of the following:
(a) the amount requested under subsection (1) or (2);
(b) the difference between the amount specified in the item and the amount issued out of the Consolidated Revenue Fund by the Finance Minister in respect of that item.
(6) For the purposes of paragraph (5)(b), an amount is not taken to have been issued by the Finance Minister until the amount is paid out of the Consolidated Revenue Fund.
(7) To avoid doubt, where a previous determination has been made in relation to an item, the reference in paragraph (5)(b) to the amount specified in the item is taken to be a reference to the amount specified in the item as reduced by that previous determination and any other previous determination.
(8) To avoid doubt, a determination under this section applies despite any other provision of this Act.
(9) A determination made under subsection (1) or (2) is a legislative instrument and, despite subsection 44(2) of the Legislative Instruments Act 2003, section 42 of that Act applies to the determination. However, Part 6 of that Act does not apply to the determination.
(10) A written request under subsection (1) or (2) is not a legislative instrument.
Part 3—Additions to basic appropriations
10 Comcover receipts
After the commencement of this Act, section 13 of the Appropriation Act (No. 1) 2004‑2005 has effect as if the reference to an available item included a reference to:
(a) an item in Schedule 1 to this Act; and
(b) an item in Schedule 2 to the Appropriation Act (No. 6) 2004‑2005.
Note: Section 13 of the Appropriation Act (No. 1) 2004‑2005 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.
Part 4—Miscellaneous
11 Crediting amounts to Special Accounts
If any of the purposes of a Special Account is a purpose that is covered by an item (whether or not the item expressly refers to the Special Account), then amounts may be debited against the appropriation for that item and credited to that Special Account.
12 Appropriation of the Consolidated Revenue Fund
The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.
Schedule 1—Services for which money is appropriated
Note: See sections 6 and 12.
Abstract
Page
Reference
Portfolio
Total
$'000
14
Agriculture, Fisheries and Forestry
311
16
Attorney‑General’s
35,140
21
Communications, Information Technology and the Arts
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
DEPARTMENT OF COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS
Outcome 1 ‑
Development of a rich and stimulating 12 ‑ 12
cultural sector for all Australians 40,503 153,716 194,219
55,490 129,822 185,312
Outcome 2 ‑
Development of a stronger and 353 5,055 5,408
internationally competitive Australian 6,495 33,110 39,605
sports sector and encouragement of greater participation in sport by all Australians 3,071 4,289 7,360
Outcome 3 ‑
Development of services and provision of a ‑ 322 ‑ ‑ 322
regulatory environment which encourages a 67,139 176,233 243,372
sustainable and effective communications sector for the benefit of all Australians and an internationally competitive information economy and Information and Communications Technology industry 58,959 143,117 202,076
Total: Department of Communications, 43 5,055 5,098
Information Technology and the Arts 114,137 363,059 477,196
COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
AUSTRALIAN FILM COMMISSION
Outcome 1 ‑
To enrich Australia’s cultural identity by 46 ‑ 46
fostering an internationally competitive 48,591 ‑ 48,591
audiovisual production industry, developing and preserving a national collection of sound and moving image, and making Australia’s audiovisual heritage available to all 22,491 ‑ 22,491
Total: Australian Film Commission 46 ‑ 46
COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
AUSTRALIAN SPORTS DRUG AGENCY
Outcome 1 ‑
The Australian sporting community can 20 ‑ 20
deter athletes from using banned doping 7,600 ‑ 7,600
practices through the provision of a high quality, independent and accessible anti‑doping programme, in order to preserve the value of sport 6,037 ‑ 6,037
Total: Australian Sports Drug Agency 20 ‑ 20
COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE ARTS PORTFOLIO
Actual Available Appropriation (italic figures) — 2004‑2005
Actual Available Appropriation (light figures) — 2003‑2004
Departmental Administered
Outputs Expenses Total
$'000 $'000 $'000
DEPARTMENT OF VETERANS’ AFFAIRS
Outcome 1 ‑
Eligible veterans, serving and former 2,328 ‑ 2,328
defence force members, their war widows 126,921 49,492 176,413
and widowers and dependants have access to appropriate income support and compensation in recognition of the effects of war and defence service 108,742 39,098 147,840
Outcome 2 ‑
Eligible veterans, serving and former 231 ‑ 231
defence force members, their war widows 109,497 3,704 113,201
and widowers and dependants have access to health and other care services that promote and maintain self‑sufficiency, well‑being and quality of life 97,307 3,585 100,892
Outcome 4 ‑
The veteran and defence force communities 58 ‑ 58
have access to advice and information 49,844 7,882 57,726
about benefits, entitlements and services 46,887 6,027 52,914
Total: Department of Veterans’ Affairs 2,617 ‑ 2,617