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Monday, 19 March 2018
Page: 1487


Senator LEYONHJELM (New South Wales) (17:31): by leave—I move

Appropriation Bill (No. 3) 2017-2018:

That the House of Representatives be requested to make the following amendments:

(1) Clause 6, page 5 (line 4), omit "$1,355,473,000", substitute "$1,348,473,000".

(2) Schedule 1, page 31, Education and Training Portfolio, omit the table, substitute:

 

Departmental

Administered

Total

 

$'000

 

$'000

$'000

DEPARTMENT OF EDUCATION AND TRAINING

 

 

 

Outcome 1 -

 

 

 

Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality child care, support, parent engagement, quality teaching and learning environments

8,827

180,084

166,960

2,694

476,308

515,866

11,521

656,392

682,826

Outcome 2 -

 

 

 

Promote growth in economic productivity andsocial wellbeing through access to quality higher education, international education, and international quality research, skills and training

2,982

174,773

175,470

73,055

1,351,767

1,353,361

76,037

1,526,540

1,528,831

Total: Department of Education and Training

11,809

75,749

87,558

Amendments:

Appropriation Bill (No. 4) 2017-2018:

(3) Clause 7, page 5 (line 4), omit "$132,714,000", substitute "$139,714,000".

(4) Schedule 2, page 22, Education and Training Portfolio, omit the table, substitute:

 

Payments to States, ACT, NT and local government

New Administered Outcomes

Total

 

$'000

$'000

$'000

DEPARTMENT OF EDUCATION AND TRAINING

 

 

 

Operating

 

 

 

Outcome 1 -

 

 

 

Improved early learning, schooling, student educational outcomes and transitions to and

from school through access to quality child care, support, parent engagement, quality teaching

and learning environments

23,922

16,299

42,686

-

-

-

23,922

16,299

42,686

Outcome 2 -

 

 

 

Promote growth in economic productivity and

social wellbeing through access to quality higher education, international education, and

international quality research, skills and training

-

7,000

7,000

Total: Operating

23,922

7,000

30,922

Non-operating

 

 

 

Equity Injections

 

 

3,143

 

 

 

12,636

 

 

 

5,985

Total: Non-operating

 

 

3,143

Total: Department of Education and Training

23,922

7,000

30,922

Statement pursuant to the order of the Senate of 26 June 2000

These amendments are directed at addressing a contravention of section 54 of the Constitution. They seek to remove funds which have been misclassified as ordinary annual services from Appropriation Bill (No. 3) 2017-2018 and to amend Appropriation Bill (No. 4) 2017-2018 to appropriate those funds. The amendments to Appropriation Bill (No. 3) 2017-2018 are framed as requests because they are to a bill which appropriates moneys for the ordinary annual services of the government.

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

The amendments proposed to Appropriation Bill (No. 3) 2017-2018 and Appropriation Bill (No. 4) 2017-2018 would transfer funds which it is argued have been misclassified in a way that would prevent the Senate amending a proposal for new expenditure. In particular, funds argued not to relate to ordinary annual services of the government have been included in Appropriation Bill (No. 3) 2017-2018. However, as this is otherwise a bill appropriating moneys for the ordinary annual services, and section 53 of the Constitution precludes the Senate amending such a bill, it is in accordance with the precedents of the Senate for the amendments to Appropriation Bill (No. 3) 2017-2018 to be moved as requests.

These amendments were foreshadowed in my speech on the second reading, so I won't spend much time on them except to remind the Senate that they are intended to make these appropriation bills consistent with the Constitution. Under the Constitution, the government should put new initiatives into one bill, not into a bill which cannot be amended by the Senate. These appropriation bills cannot be amended by the Senate. They should not contain new initiatives, but they do. Those initiatives should be taken out and put into a bill which can be amended by the Senate. That's simply the purpose of it. The government is not acting in accordance with the Constitution and it should be.