4. EFFECT AND DURATION OF THE AGREEMENT4. EFFECT AND DURATION OF THE AGREEMENT

INTRODUCTION

This net appropriation agreement is made under section 31 of the Financial Management and Accountability Act 1997 (the FMA Act).

Note 1 Section 31 of the FMA Act, together with the annual Appropriation Acts, allows a departmental item (or in some instances, an administered item) to be increased by an amount up to the amount of relevant receipts where the Finance Minister (or his or her delegate) and the responsible Minister have entered into a net appropriation agreement.

Note 2 This agreement is given effect by specific provisions within the annual appropriation Acts. Therefore, the agreement only has effect while the relevant specific provisions exist in the annual appropriation Acts.

1.2. This agreement will commence upon signature of the second party.

1.3. This agreement will cover relevant receipts received by the agency on or after 3 December 2007.

2. DEFINITIONS

2.1. In this agreement:

2.1.1. ‘the agency’ means the Department of Broadband, Communications and the Digital Economy.

2.1.2. ‘relevant receipts’ means the receipts set out in clause 5.1 of this agreement.

3. PURPOSE

3.1. This net appropriation agreement records the extent to which the amount specified in an item in an annual Appropriation Act may be taken to be increased by reference to relevant receipts of the agency. 3.2. The purpose of the agreement is to apply to the current departmental appropriation item of the agency.

Note: In most cases the 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.

4. EFFECT AND DURATION OF THE AGREEMENT

4.1. This agreement replaces any previous net appropriation agreement in respect of any of the appropriation items identified in this agreement. 4.2. This agreement continues until cancelled or replaced with a new net appropriation agreement.

Note: Under section 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. RELEVANT RECEIPTS

5.1. The following receipts are relevant receipts for the purposes of this agreement.

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 by, appointed by, or performing services for, the Commonwealth) or Agency as payment for any associated benefit provided (whether to that person or another person).