Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 2007‑2008
No. 3, 2008
An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure in relation to drought and equine influenza assistance, and for related purposes
Contents
Part 1—Preliminary 2
1............ Short title............................................................................................. 2
2............ Commencement................................................................................... 2
3............ Definitions.......................................................................................... 2
4............ Portfolio Statements............................................................................ 4
5............ Notional payments, receipts etc........................................................... 4
Part 2—Basic appropriations 5
6............ Summary of basic appropriations........................................................ 5
7............ State, ACT, NT and local government items—basic appropriation..... 5
8............ Administered items—basic appropriation........................................... 5
9............ Administered assets and liabilities items—basic appropriation........... 6
10.......... Other departmental items—basic appropriation................................... 7
Part 3—Adjustments to basic appropriations 8
11.......... Advance to the Finance Minister—recovery....................................... 8
12.......... Reduction of appropriations upon request........................................... 8
Part 4—Miscellaneous 10
13.......... Crediting amounts to Special Accounts............................................. 10
14.......... Conditions etc. applying to State, ACT, NT and local government items 10
15.......... Appropriation of the Consolidated Revenue Fund............................ 11
Schedule 1—Payments to or for the States, ACT, NT and local government 12
Schedule 2—Services for which money is appropriated 13
Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 2007‑2008
No. 3, 2008
An Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure in relation to drought and equine influenza assistance, and for related purposes
[Assented to 18 February 2008]
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Appropriation (Drought and Equine Influenza Assistance) Act (No. 2) 2007‑2008.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Definitions
In this Act:
administered assets and liabilities item means an amount set out in Schedule 2 in relation to an entity opposite the heading “Administered Assets and Liabilities”.
administered item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “New Administered Expenses”.
Agency means:
(a) an Agency within the meaning of the Financial Management and Accountability Act 1997; or
(b) the High Court of Australia.
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 2008.
entity means any of the following:
(a) an Agency;
(b) a Commonwealth authority;
(c) a Commonwealth company.
expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.
Finance Minister means the Minister administering this Act.
item means any of the following:
(a) a State, ACT, NT and local government item;
(b) an administered item;
(c) an administered assets and liabilities item;
(d) an other departmental item.
other departmental item means an amount set out in Schedule 2 in relation to an entity:
(a) opposite the heading “Equity Injections”; or
(b) opposite the heading “Loans”; or
(c) opposite the heading “Previous Years’ Outputs”.
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) 2007‑2008 and the Bill for the Appropriation Act (No. 4) 2007‑2008.
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) 2007‑2008 and the Bill for the Appropriation Act (No. 2) 2007‑2008.
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 this Act and the Bill for the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008.
Portfolio Supplementary Estimates Statements means the Portfolio Supplementary Estimates Statements that were tabled in the Senate or the House of Representatives in relation to the Bill for the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008 and the Bill for the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008.
Special Account has the same meaning as in the Financial Management and Accountability Act 1997.
State, ACT, NT and local government item means an amount set out in Schedule 2 opposite an outcome of an entity under the heading “Payments to States, ACT, NT and local government”.
4 Portfolio Statements
(1) The Portfolio Budget Statements, Portfolio Supplementary Estimates Statements, Portfolio Additional Estimates Statements and Portfolio Supplementary Additional Estimates Statements 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 Supplementary Estimates Statements, Portfolio Additional Estimates Statements or Portfolio Supplementary Additional Estimates Statements 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 2 is $545,127,000.
Note 1: Items in Schedule 2 can be adjusted under Part 3 of this Act and under section 12 of the Appropriation Act (No. 1) 2007‑2008 (as modified by section 11 of the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008).
Note 2: See also sections 30 to 32 of the Financial Management and Accountability Act 1997, which provide for adjustments of amounts appropriated by this Act.
7 State, ACT, NT and local government items—basic appropriation
(1) For a State, ACT, NT and local government 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 a State, ACT, NT and local government item for an outcome of an entity may only be applied for the purpose of making payments to or for the States, the Australian Capital Territory, the Northern Territory and local government authorities for the purpose of contributing to achieving that outcome.
(3) A determination made under paragraph (1)(b) is not a legislative instrument.
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.
(3) A determination made under paragraph (1)(b) is not a legislative instrument.
9 Administered assets and liabilities items—basic appropriation
(1) For an administered assets and liabilities 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.
(2) An amount issued out of the Consolidated Revenue Fund for an administered assets and liabilities item for an entity may only be applied for expenditure for the purpose of carrying out activities for the purpose of contributing to achieving any outcome that is specified in relation to the entity:
(a) in Schedule 2 to this Act; or
(b) in Schedule 1 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007‑2008; or
(c) in Schedule 2 to the Appropriation Act (No. 4) 2007‑2008; or
(d) in Schedule 1 to the Appropriation Act (No. 3) 2007‑2008; or
(e) in Schedule 2 to the Appropriation (Northern Territory National Emergency Response) Act (No. 2) 2007‑2008; or
(f) in Schedule 1 to the Appropriation (Northern Territory National Emergency Response) Act (No. 1) 2007‑2008; or
(g) in Schedule 2 to the Appropriation Act (No. 2) 2007‑2008; or
(h) in Schedule 1 to the Appropriation Act (No. 1) 2007‑2008.
10 Other departmental items—basic appropriation
(1) For an other 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, subsection (3) imposes an obligation on the Finance Minister to issue the amounts in certain circumstances.
(2) An amount issued out of the Consolidated Revenue Fund for an other departmental item may only be applied for the departmental expenditure of the entity.
(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 2 contains an other 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.
Part 3—Adjustments to basic appropriations
11 Advance to the Finance Minister—recovery
If an amount determined by the Finance Minister under section 12 of the Appropriation Act (No. 2) 2007‑2008 is recovered from an amount set out in Schedule 2 to this Act, the determined amount is to be disregarded for the purposes of subsection 12(3) of the Appropriation Act (No. 2) 2007‑2008.
12 Reduction of appropriations upon request
(1) The Finance Minister may, upon written request by a Minister, make a written determination reducing an administered assets and liabilities item or an other 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 reducing an administered assets and liabilities item or an other 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 made under subsection (1) or (2) 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 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.
(10) A written request made under subsection (1) or (2) is not a legislative instrument.
Part 4—Miscellaneous
13 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.
14 Conditions etc. applying to State, ACT, NT and local government items
(1) This section applies to any payment made out of money appropriated by a State, ACT, NT and local government item for an outcome specified in column 2 of the table in Schedule 1.
(2) The payment:
(a) must be made on the terms and conditions (if any) from time to time determined, in the way described in subsection (3), as applying to payments made:
(i) in relation to the outcome; and
(ii) to or for a State, the Australian Capital Territory, the Northern Territory or a local government authority; and
(iii) out of money appropriated by an annual Appropriation Act; and
(b) must be made in accordance with any determination in writing made by the Minister specified, in column 4 of the table in Schedule 1, for the outcome as to amounts and times of payments.
(3) The way of determining the terms and conditions applying to payments described in paragraph (2)(a) is for the Minister specified, in column 3 of the table in Schedule 1, for the outcome to make the determination in writing before or after the commencement of this Act.
(4) Determinations mentioned in paragraph (2)(a) and determinations made under paragraph (2)(b) are not legislative instruments.
(5) This section does not limit the Commonwealth’s power to:
(a) apply terms and conditions to payments made out of money that is not appropriated by a State, ACT, NT and local government item; or
(b) determine the amounts and times of those payments.
15 Appropriation of the Consolidated Revenue Fund
The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act, including the operation of this Act as affected by the Financial Management and Accountability Act 1997.
Schedule 1—Payments to or for the States, ACT, NT and local government
Note: See section 14.
Column 1
Column 2
Column 3
Column 4
Minister
Minister
determining
determining
Entity
Outcome
conditions
payments
Department of Agriculture, Fisheries and Forestry
More sustainable, competitive and profitable Australian agricultural, food, fisheries and forestry industries
Minister for Agriculture, Fisheries and Forestry
Minister for Agriculture, Fisheries and Forestry
Schedule 2—Services for which money is appropriated
Note: See sections 6 and 15.
Abstract
Page
Reference
Portfolio
Total
$'000
17
Agriculture, Fisheries and Forestry
545,127
Total
545,127
APPROPRIATIONS
Summary
Supplementary Appropriation (bold figures)—2007‑2008
Appropriation Act (No. 2), Appropriation (Northern Territory National Emergency Response) Act (No. 2) and Appropriation Bill (No. 4) (italic figures)—2007‑2008
Payments to
States, ACT,
New
NT and local
Administered
Non‑
Portfolio
government
Expenses
operating
Total
$'000
$'000
$'000
$'000
Agriculture, Fisheries and Forestry
545,127
‑
‑
545,127
489,495
‑
662
490,157
Attorney‑General’s
‑
‑
‑
‑
41,861
‑
354,632
396,493
Broadband, Communications and the
‑
‑
‑
‑
Digital Economy
‑
‑
24,134
24,134
Communications, Information
‑
‑
‑
‑
Technology and the Arts
20,500
‑
8,249
28,749
Defence
‑
‑
‑
‑
28,916
‑
2,103,026
2,131,942
Education, Employment and
‑
‑
‑
‑
Workplace Relations
‑
‑
21,460
21,460
Education, Science and Training
‑
‑
‑
‑
‑
‑
7,343
7,343
Employment and Workplace Relations
‑
‑
‑
‑
‑
‑
13,861
13,861
Environment and Water Resources
‑
‑
‑
‑
152,157
53,831
99,076
305,064
Families, Community Services and
‑
‑
‑
‑
Indigenous Affairs
2,137,382
‑
117,115
2,254,497
Finance and Administration
‑
‑
‑
‑
‑
‑
108,008
108,008
Foreign Affairs and Trade
‑
‑
‑
‑
‑
‑
527,469
527,469
Health and Ageing
‑
‑
‑
‑
1,490,311
‑
18,209
1,508,520
Human Services
‑
‑
‑
‑
‑
3,492
146,088
149,580
Immigration and Citizenship
‑
‑
‑
‑
3,577
‑
174,124
177,701
Industry, Tourism and Resources
‑
‑
‑
‑
41,243
‑
58,976
100,219
Infrastructure, Transport, Regional
‑
‑
‑
‑
Development and Local Government
2,398,219
‑
13,590
2,411,809
Continued
Summary
Supplementary Appropriation (bold figures)—2007‑2008
Appropriation Act (No. 2), Appropriation (Northern Territory National Emergency Response) Act (No. 2) and Appropriation Bill (No. 4) (italic figures)—2007‑2008
Payments to
States, ACT,
New
NT and local
Administered
Non‑
Portfolio
government
Expenses
operating
Total
$'000
$'000
$'000
$'000
Innovation, Industry, Science and
‑
‑
‑
‑
Research
‑
‑
59,827
59,827
Prime Minister and Cabinet
‑
‑
‑
‑
‑
‑
9,580
9,580
Resources, Energy and Tourism
‑
‑
‑
‑
11,704
‑
2,656
14,360
Treasury
‑
‑
‑
‑
179,521
‑
196,947
376,468
Total:
545,127
‑
‑
545,127
6,994,886
57,323
4,065,032
11,117,241
Agriculture, Fisheries and Forestry PORTFOLIO
Supplementary Appropriation (bold figures)—2007‑2008
Appropriation Act (No.2), Appropriation (Northern Territory National Emergency Response) Act (No.2) and Appropriation Bill (No.4) (italic figures)—2007‑2008
Actual Available Appropriation (light figures)—2006‑2007
Payments to
States, ACT,
NT and local
government
New
Administered
Expenses
Total
$'000
$'000
$'000
DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY
Operating
Outcome 1 ‑
More sustainable, competitive and profitable Australian agricultural, food, fisheries and forestry industries
545,127
‑
545,127
489,495
‑
489,495
618,166
618,166
Total: Department of Agriculture, Fisheries and Forestry
545,127
‑
545,127
[Minister’s second reading speech made in—
House of Representatives on 13 February 2008
Senate on 14 February 2008]
(18/08)
