Image unavailable in extracted textImage unavailable in extracted textAn Act to make interim provision for the appropriation of money out of the Consolidated Revenue Fund for certain expenditure in respect of the year ending on 30 June 1989, and for other purposes
[Assented to 3 June 1988]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title
This Act may be cited as the Supply Act (No. 2) 1988-89.
Commencement
This Act commences on the day on which it receives the Royal Assent.
Issue, application and appropriation of $2,063,825,000
(1) The Minister for Finance may issue out of the Consolidated Revenue Fund and apply for the services specified in Schedule 2 in respect of the financial year ending 30 June 1989 the sum of $2,063,825,000.
(2) Except where the contrary intention appears in Schedule 2, amounts issued by the Minister for Finance under subsection (1) in respect of services described in Schedule 2 as Capital Works and Services may be applied only for purposes of a kind for which money appropriated in respect of services
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so described in an Act appropriating money, otherwise than by way of interim provision, for expenditure in respect of the financial year ending on 30 June 1988 could lawfully have been applied.
(3) Except where the contrary intention appears in Schedule 2, amounts issued by the Minister for Finance under subsection (1) in respect of payments to or for the States and the Northern Territory may be applied only in making payments to or for the States and the Northern Territory of a kind that could lawfully have been made out of money appropriated for payments to or for the States and the Northern Territory in an Act appropriating money, otherwise than by way of interim provision, for expenditure in respect of the financial year ending on 30 June 1988.
(4) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of subsection (1).
Payments to States and Northern Territory, etc.
4. (1) In this section:
"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;
"person" includes:
(a) a State;
(b) a Territory;
(c) a local government body;
(d) a body corporate; and
(e) an organisation.
(2) Payments out of such money appropriated by this Act as is specified in the Division, or unit of a Division, in Schedule 2 specified in column 2 in an item in Schedule 1 made to a State or a Territory for that State or Territory, or for any other person, for a purpose specified in column 3 in that item shall be made:
(a) on such terms and conditions (if any) as are from time to time determined, by instrument in writing, for the purposes of Appropriation Acts by the Minister specified in column 4 in that item as being terms and conditions applicable to payments under such Acts to a State or a Territory for that State or Territory, or any other person for that purpose; and
(b) in accordance with any determinations, by instrument in writing, of the Minister specified in column 5 in that item as to the amounts and times of payments.
(3) Payments to a State or the Northern Territory out of such of the money appropriated by this Act as is specified in Division 977 in Schedule 2 shall be made in accordance with any determinations of the Treasurer as to the amounts and times of payments.
Money appropriated for a program
Where money is appropriated by this Act for a particular program, that money shall be taken to be appropriated for:
(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.
Australian Capital Territory Trust Account
(1) Subject to subsection (3), where:
(a) an amount of money is paid to the Commonwealth:
(i) under the authority of an Act or of an Ordinance made under the Seat of Government (Administration) Act 1910; or
(ii) under an agreement entered into or an understanding reached by the Commonwealth or by an authority of the Commonwealth established under an Act or under an Ordinance referred to in paragraph (a); and
(b) the amount so paid is paid for a purpose connected with the performance of a territorial or municipal function of the Australian Capital Territory and not a national function;
the amount so paid shall be taken, for the purpose of any item in the Schedule, to be an Australian Capital Territory receipt.
(2) Where an amount of money standing to the credit of the Australian Capital Territory Trust Account is applied, in accordance with the purposes of that trust account, in the provision of services to the Commonwealth, or to an instrumentality or authority of the Commonwealth, then whether or not that amount is applied in the performance of a territorial or municipal function of the Australian Capital Territory, any amount of money paid to the Commonwealth for the provision of those services shall be taken, for the purposes of any item in the Schedule, to be an Australian Capital Territory receipt.
(3) Where an amount of money is paid to the Commonwealth:
(a) for crediting to a trust account established under section 62a of the Audit Act 1901, not being the Australian Capital Territory Trust Account; or
(b) in relation to functions administered by the Attorney-General under administrative arrangements ordered by the Government or under the Seat of Government (Administration) Act 1910;
then whether or not that amount is paid to the Commonwealth, for a purpose connected with the performance of a territorial or municipal function of the Australian Capital Territory, that amount shall not be taken, for the purpose of any item in the Schedule, to be an Australian Capital Territory receipt.
(4) Money appropriated under this Act or under the Audit Act 1901 for payment to the Australian Capital Territory Trust Account shall be
applied only for the purposes of the Australian Capital Territory Trust Account but nothing in this Act or in the Audit Act 1901 shall be taken to imply:
(a) that the purposes of the Australian Capital Territory Trust Account shall not include the payment, from time to time, of money to another trust account established under section 62a of the Audit Act 1901 for purposes connected with the performance of a territorial or municipal function of the Australian Capital Territory; or
(b) that that other trust account shall not receive money from the Australian Capital Territory Trust Account.
(5) For the purposes for determining whether a particular function is a territorial or municipal function of the Australian Capital Territory or a national function, regard shall be had:
(a) unless paragraph (b) applies—to the criteria established for that purpose in Appendix B to the Report of the Commonwealth Grants Commission entitled "Second Report 1986 on Financing the Australian Capital Territory"; or
(b) if the criteria referred to in paragraph (a) have been varied by the Minister for the Arts, Sport, the Environment, Tourism and Territories under subsection (6)—to the criteria as so varied.
(6) Where the Minister for the Arts, Sport, the Environment, Tourism and Territories is satisfied that the criteria referred to in paragraph (5) (a) (including those criteria as varied in accordance with a previous application of this subsection) need to be varied, the Minister may, by notice in writing, vary those criteria in a manner set out in the notice and, where the Minister does so:
(a) the Minister shall cause a copy of the notice effecting the variation to be laid before each House of the Parliament, within 15 sitting days of that House after the day on which it is signed by the Minister; and
(b) the criteria shall have effect, and shall be deemed at all times to have had effect, as if they had originally been established as so varied.
Department of Aboriginal Affairs
A reference in Schedule 2 to the Department of Aboriginal Affairs includes a reference to any body established, whether before or after the commencement of this Act, to perform functions corresponding to some or all of the services provided by the Department and some or all of the functions of the Aboriginal Development Commission and the Australian Institute of Aboriginal Studies.
Australian Sports Commission
A reference in subdivision 10 of Division 811 in the Schedule to the Australian Sports Commission includes a reference to any body established, whether before or after the commencement of this Act, to perform functions that include some or all of the functions of the Commission.
Rebates of excise duty paid on crude oil
9. The Appropriation Act (No. 4) 1987-88 has effect, and shall be taken to have had effect at all times after its commencement as if:
(a) there were substituted for the reference to a payment to validate rebate paid in respect of crude oil production set out in column 3 of Schedule 1 to that Act a reference to payment of rebates on excise duty payable or paid on crude oil produced at the Tuna field between 1 July 1982 and 30 June 1983;
(b) there were substituted for item 7 of Division 932 of Schedule 2 of that Act the following item:
"07. Payment of rebates on excise duty payable or paid on crude oil produced at the Tuna field between 1 July 1982 and 30 June 1983
81 069 000
..
..
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SCHEDULE 1 Section 4
Column 1
Column 2
Column 3
Column 4
Column 5
Item
Division, etc.
Purpose
Minister determining conditions
Minister determining payments
1
Division 812
Payment to the Great Barrier Reef Marine Park Authority for payment to Queensland for day-to-day management in relation to the Great Barrier Reef Marine Park.Assistance for management of South-West Tasmania World Heritage Area.
Minister for the Arts, Sport, the Environment, Tourism and Territories
Minister for the Arts, Sport, the Environment, Tourism and Territories
2
Division 831
Blood transfusion service.Launceston General Hospital-Grant towards the cost of redevelopment.Contribution towards measures to combat the transmission of Acquired Immune Deficiency Syndrome.Public Hospital Waiting List Assistance Program.Women's Health Screening Program.Program for People in Crisis.
Minister for Community Services and Health
Minister for Community Services and Health
3
Division 865
Natural disaster relief and restoration.Termination of the Gordon River Power Development, Stage Two.
Minister for Finance
Minister for Finance
4
Subdivision 1 of Division 931
Sugar industry assistance.Bovine Brucellosis and Tuberculosis Eradication Campaign.Assistance to users of fertilisers—being fertilisers subject to dumping duties, agras and double superphosphate.Soil conservation.Provision of capital items for the Torres Strait Fisheries Program.
Minister for Primary Industries and Energy
Minister for Primary Industries and Energy
SCHEDULE 1—continued
Column 1
Column 2
Column 3
Column 4
Column 5
Item
Division, etc.
Purpose
Minister determining conditions
Minister determining payments
Australian Agricultural Council sponsored projects.Export Research Grants.Exotic disease preparedness.Plant generic resource storage facilities.National Afforestation Program.
5
Subdivision 2 of Division 931
Federal Water Resources Assistance Program in the Northern Territory.
Minister for Primary Industries and Energy
Minister for Primary Industries and Energy
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SCHEDULE 2 Section 3
ABSTRACT
Page Reference
Departments and Services
Total
$
9
Department of Administrative Services.................
160 315 000
10
Department of the Arts, Sport, the Environment, Tourism and Territories
1.—For providing capital for the Defence Service Homes Corporation..
6 000 000
2.—Plant and Equipment.................................
45 000
Total: Division 842
6 045 000
Total: Department of Veterans' Affairs........................
14 352 000
DEPARTMENT OF EMPLOYMENT, EDUCATION AND TRAINING
Division 848.—CAPITAL WORKS AND SERVICES
1.—Buildings and Works.................................
6 747 000
2.—Plant and Equipment.................................
400 000
Total: Division 848
7 147 000
Division 849.—PAYMENTS TO OR FOR THE STATES AND THE NORTHERN TERRITORY
7 199 000
Division 850.—EDUCATIONAL SERVICES—AUSTRALIAN CAPITAL TERRITORY
1.—Non-Government Schools, Australian Capital Territory—Assistance for approved capital programs (for payment to the Australian Capital Territory Trust Account)
681 000
2.—Higher Education (for payment to the Australian Capital Territory Trust Account)
1 139 000
Total: Division 850
1 820 000
Total: Department of Employment, Education and Training.........
16 166 000
DEPARTMENTS AND SERVICES
$
DEPARTMENT OF ABORIGINAL AFFAIRS
Division 855.—CAPITAL WORKS AND SERVICES
1.—Plant and Equipment.................................
440 000
Division 856.—PAYMENTS TO OR FOR THE STATES AND THE NORTHERN TERRITORY
1.—For the purpose of the States Grants (Aboriginal Assistance) Act 1976
13 012 000
2.—Assistance to the Northern Territory for Aboriginal Advancement..
1 055 000
Total: Division 856
14 067 000
Division 857.—OTHER SERVICES
2.—Payment to Aboriginal Employment Development Corporation—Capital Account
20 000 000
Total: Department of Aboriginal Affairs.......................
34 507 000
DEPARTMENT OF FINANCE
Division 864.—CAPITAL WORKS AND SERVICES
1.—Plant and Equipment
822 000
02. Australian Audit Office................................
3 341 000
Total: Division 864
4 163 000
Division 865.—PAYMENTS TO OR FOR THE STATES AND THE NORTHERN TERRITORY
5 250 000
Division 866.—OTHER SERVICES
01. Payment to former employees of the Commonwealth Accommodation and Catering Services Limited in lieu of superannuation benefits
3 750 000
Total: Department of Finance..............................
13 163 000
ADVANCE TO THE MINISTER FOR FINANCE
Division 868.—ADVANCE TO THE MINISTER FOR FINANCE
To enable the Minister for Finance:
(a) to make advances that will be recovered during the financial year;
(b) to make money available for expenditure:
(i) that the Minister for Finance is satisfied is expenditure that is urgently required and:
(A) was unforeseen until after the last day on which it was practicable to include appropriation for that expenditure in the Bill for this Act before the introduction of that Bill into the House of Representatives; or
(B) was erroneously omitted from, or understated in, the Bill for this Act; and
(ii) particulars of which will afterwards be submitted to the Parliament;
including payments by way of financial assistance to a State or the Northern Territory on such terms and conditions, if any, as the Minister for Finance determines; and
(c) to make money available for expenditure, pending authorisation under section 32 of the Audit Act 1901 in relation to that expenditure
2.—For expenditure under the Federal Water Resources Assistance Program, for the purposes of the National Water Resources (Financial Assistance) Act 1978 and for the purposes of financial assistance agreements between the Commonwealth and the Northern Territory in relation to development and management of water resources
5.—Payment to the Northern Territory in lieu of uranium royalties....
1 816 000
6.—Payments to the Northern Territory for administration of the Petroleum (Submerged Lands) Act 1967 in relation to the Territory of Ashmore and Cartier Islands
24 000
7.—Payments to States for administration of resource rent royalty arrangements
13 000
8.—Payment to New South Wales for Coal Freight Rate Efficiency Scheme
10 000 000
Total: Division 931
90 568 000
Total: Department of Primary Industries and Energy.............
94 104 000
DEPARTMENT OF THE PRIME MINISTER AND CABINET
Division 937.—CAPITAL WORKS AND SERVICES
1.—Buildings, Works, Plant and Equipment....................
250 000
01. Governor-General's Office and establishments..................
180 000
Total: Division 937
430 000
Division 938.—PAYMENTS TO OR FOR THE STATES AND THE NORTHERN TERRITORY
4 150 000
Total: Department of the Prime Minister and Cabinet.............
4 580 000
DEPARTMENT OF SOCIAL SECURITY
Division 948.—CAPITAL WORKS AND SERVICES...............
1.—Plant and Equipment.................................
6 580 000
Total: Department of Social Security.........................
6 580 000
DEPARTMENTS AND SERVICES
DEPARTMENT OF TRANSPORT AND COMMUNICATIONS
$
Division 972.—CAPITAL WORKS AND SERVICES—DEPARTMENTAL
1.—Plant and Equipment.................................
25 000 000
2.—Australian National Railways Commission..................
3 150 000
Total: Division 972
28 150 000
Division 973.—CAPITAL WORKS AND SERVICES—BROADCASTING AND TELEVISION
1.—For payment to the Australian Broadcasting Corporation........
15 164 000
2.—For payment to the Special Broadcasting Service for Multicultural Broadcasting
749 000
3.—Provision and installation of radio and television transmitters and ancillary buildings, works and technical equipment for national broadcasting
7 083 000
Total: Division 973
22 996 000
Division 975.—OTHER SERVICES
01. Australian Capital Territory—payment of registration charges collected under the Interstate Road Transport Charge Act 1985 (for payment to the Australian Capital Territory Trust Account)
12 000
Total: Department of Transport and Communications.............