5. NATURE OF ELIGIBLE RECEIPTS5. NATURE OF ELIGIBLE RECEIPTS

2.1.2. ‘eligible receipts’ means the receipts set out in clauses 5.1 and 5.2 of this agreement.

3. PURPOSE

3.1. This net appropriation agreement records the extent to which the amount specified in items in an annual appropriation Act may be taken to be increased by reference to eligible receipts of the agency.

Note 1: In most cases an item in the annual appropriation Act will be taken to be increased by the whole amount received by the agency. However, in some cases, the item in the annual appropriation Act will only be taken to be increased by a proportion of the whole amount received by the agency - see clause 6.1.

Note 2: Where a receipt relates to more than one appropriation item in an annual appropriation Act, each relevant item will generally be increased by the portion of the whole amount that applies to the particular item – see clause 6.2.

4. DURATION OF THE AGREEMENT

4.1. This agreement replaces any previous net appropriation agreement between the Finance Minister and the responsible Minister in respect of any of the appropriation items identified in this agreement. 4.2. This agreement continues until a new net appropriation agreement covering an appropriation item for the agency (or an outcome of the agency) commences.

Note 1: Any future net appropriation agreement for the agency should be drafted to cover all appropriation items (including all administered items) for which the agency requires a net appropriation agreement.

Note 2: Under s.31(4) of the FMA Act, the Finance Minister may at any time cancel or vary this agreement, without the consent of the other party.

5. NATURE OF ELIGIBLE RECEIPTS

5.1. The following receipts are eligible receipts for the purposes of clause 6.1 of this agreement: Departmental

5.1.1. Receipts from the sale, leasing, hiring out of, or other dealing with goods.

5.1.2. Receipts from the provision of staff and other services.

5.1.3. Receipts from a person (whether employed, appointed, or performing services for, the Commonwealth) as payment for any associated benefit provided (whether to that person or another person).

5.1.4. Receipts from the sale of minor assets that are departmental in nature such as furniture and fittings.

5.1.5. Receipts from the transfer of annual and long-service leave entitlements between agencies.

5.1.6. Subsidy and grant moneys received as a result of participation in employment subsidy schemes or programs.

5.1.7. Court awarded costs to the extent to which they reflect legal costs incurred in litigating the matter.

5.1.8. Amounts received from the Australian Taxation Office as interest on a late repayment.