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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
The Supply Act (No. 1) 1996–97 is a temporary funding law authorising the Minister for Finance to draw $14,659,174,000 from the Consolidated Revenue Fund to keep government services running from 1 July 1996 until full appropriations pass. It funds 20 departments (notably Defence, health, education and social security), includes limited flexibility for pay rises and a $215 million advance, and represents roughly 40% of the full-year budget.
It matters because, without it, the Commonwealth would lack legal authority to spend at the start of the financial year.
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Direct links to the current provisions in Supply Act (No. 1) 1996-97.
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Supply Act (No. 1) 1996‑97
No. 10 of 1996
An Act to make interim provision for the appropriation of money out of the Consolidated Revenue Fund for the service of the year ending on 30 June 1997, and for related purposes
[Assented to 14 June 1996]
The Parliament of Australia enacts:
PART 1 ‑ GENERAL
Short title
Commencement
Interpretation
“Appropriation Act (No. 1)” means the Act to be cited as the Appropriation Act (No. 1) 1996‑97.
Issue and application of $14 659 174 000
(2) Unless the contrary intention appears in the Schedule, amounts issued by the Minister under subsection (1) in respect of services of a particular description (other than running costs or operating expenses) may be applied only for purposes of a kind for which money appropriated in respect of services of that description in an Act appropriating money for the service of the year ending on 30 June 1996 could lawfully have been applied.
(3) The Consolidated Revenue Fund is appropriated as necessary for the purposes of subsection (1).
Additional appropriation in respect of increases in salaries
(2) For the purposes of subsection (1), the Minister may determine amounts not exceeding the amounts estimated to be necessary for the payment of such increases in salaries, and in payments in the nature of salary, for which provision is made in the Schedule, as have become payable or become payable, or have commenced or commence to be paid, after 23 April 1996, under a law, or an award, order or determination made under a law.
(3) Amounts issued under this section may be applied only for the purpose of expenditure in respect of increases referred to in subsection (2) in salaries and in payments in the nature of salary.
(4) The Minister must report the amounts so issued to the Parliament.
(5) The Consolidated Revenue Fund is appropriated as necessary for the purposes of this section.
Further issue, application and appropriation
(2) The amounts determined by the Minister under subsection (1) are appropriated for the purposes of the Loan Consolidation and Investment Reserve established by the Loan Consolidation and Investment Reserve Act 1955.
Money appropriated for a program
(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.
Net annotated appropriations
(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 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.
Payments to Departments out of money appropriated for the purposes of certain employment subsidy schemes or programs
9. (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 from 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.
Department of Communications and the Arts
10. (1) If a body to be known as the National Film and Sound Archive is established by legislation before the commencement of the Appropriation Act (No. 1), 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 or 2 of Division 160 in the Schedule were:
(a) if the body is established on or before 1 July 1996 — an appropriation of that amount to that body; or
(b) if the body is established after 1 July 1996:
(i) 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 or on other services (as the case may be) preparatory to the establishment of the body; and
(ii) 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 immediately before the commencement of the Appropriation Act (No. 1).
(2) If a body to be known as the National Science and Technology Centre is established by legislation before the commencement of the Appropriation Act (No. 1), 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 Communication and the Arts under subdivision 1 of Division 163 in the Schedule were:
(a) if the body is established on or before 1 July 1996 — an appropriation of that amount to that body; or
(b) if the body is established after 1 July 1996:
(i) 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
(ii) 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 immediately before the commencement of the Appropriation Act (No. 1).
Department of Industry, Science and Tourism
11. (1) If a body to be known as the Gene Technology Authority is established by legislation before the commencement of the Appropriation Act (No. 1), 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) if the body is established on or before 1 July 1996:
(i) 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 1 July 1996 and ending immediately before the commencement of the Appropriation Act (No. 1); and
(ii) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs.
or
(b) if the body is established after 1 July 1996:
(i) 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 immediately before the commencement of the Appropriation Act (No. 1); and
(ii) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs.
(2) If a payment is made for the purposes of the Industry Innovation Program out of money appropriated under subdivision 3 of Division 380 in the Schedule, 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 Industry, Science and Tourism:
(a) as repayment of an amount that:
(i) was paid for the purposes of the Program out of money appropriated under that item or out of money appropriated for the Industry Innovation Program under a previous appropriation; and
(ii) was not spent; or
(b) as payment of fees charged for attendance at a seminar or conference held for the purposes of the Program; or
(c) from the sale of publications made available for the purposes of the Program.
may be credited to that subdivision to the extent and on the conditions agreed between the Minister and the Minister responsible for the department.
(3) If the Consolidated Revenue Fund is credited with an amount purporting to be:
(a) a repayment of an amount referred to in paragraph (2)(a); or
(b) a payment in respect of:
(i) a seminar or conference referred to in paragraph (2)(b); or
(ii) a publication referred to in paragraph (2)(c);
that amount is taken, for the purposes of subsection (2), to be money received as repayment of that amount or as payment in respect of the seminar, conference or publication (as the case may be), whether or not money has in fact been received in payment of that amount.
Department of the Treasury
12. (1) This section applies if a body to be known as the Productivity Commission is established by legislation before the commencement of the Appropriation Act (No. 1).
(2) If the body is established on or before 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if:
(a) an appropriation to the Department of the Treasury under subdivision 1 or 2 of Division 670 in the Schedule were:
(i) 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 1 July 1996 and ending immediately before the commencement of the Appropriation Act (No. 1); and
(ii) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs; and
(b) the appropriation of an amount to the Industry Commission under subdivision 1 or 2 of Division 678 in the Schedule were an appropriation of that amount to the body; and
(c) the appropriation of an amount to the Economic Planning Advisory Commission under subdivision 1 of Division 679 in the Schedule were an appropriation of that amount to the body.
(3) If the body is established after 1 July 1996, this Act has effect, and is taken at all times to have had effect, as if:
(a) an appropriation to the Department of the Treasury under subdivision 1 or 2 of Division 670 in the Schedule were:
(i) 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 immediately before the commencement of the Appropriation Act (No. 1); and
(ii) an appropriation of the balance of that amount to the Department for the purpose of meeting its running costs; and
(b) the appropriation of an amount to the Industry Commission under subdivision 1 or 2 of Division 678 in the Schedule were:
(i) an appropriation to the Industry Commission (for the purposes set out in the subdivision) of so much of that 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
(ii) 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 immediately before the commencement of the Appropriation Act (No. 1); and
(c) the appropriation of an amount to the Economic Planning Advisory Commission under subdivision 1 of Division 679 in the Schedule were:
(i) an appropriation to the Economic Planning Advisory Commission of so much of that 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 before the establishment of that body; and
(ii) an appropriation of the bal
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