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Appropriation Bill (No. 3) 2004-2005

Part 3 Additions to basic appropriations

   

10   Net appropriations

Departmental items

             (1)  If a section 31 agreement applies to a departmental item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement. The increase cannot be more than the relevant receipts covered by the agreement.

             (2)  For the purposes of section 31 of the Financial Management and Accountability Act 1997 , each departmental item is taken to be marked “net appropriation”.

Administered items

             (3)  If a section 31 agreement applies to an administered item, then the amount specified in the item is taken to be increased in accordance with the agreement, and on the conditions set out in the agreement. The increase cannot be more than the relevant receipts covered by the agreement.

             (4)  For the purposes of section 31 of the Financial Management and Accountability Act 1997 , the following administered items are taken to be marked “net appropriation”:

                     (a)  the administered item for outcome 2 of the Attorney-General’s Department;

                     (b)  the administered items for outcomes 1, 2 and 3 of the Department of Family and Community Services;

                     (c)  the administered item for outcome 3 of the Department of Foreign Affairs and Trade;

                     (d)  the administered items for outcomes 4 and 5 of the Department of Immigration and Multicultural and Indigenous Affairs.

11   Departmental items—adjustments

             (1)  The Finance Minister may determine that the amount specified in a departmental item is to be increased by an amount specified in the determination.

             (2)  The total of the amounts determined by the Finance Minister:

                     (a)  under this section; and

                     (b)  under section 11 of the Appropriation Act (No. 1) 2004-2005 ;

cannot be more than $20 million.

             (3)  A determination under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 but neither section 42 nor Part 6 of that Act applies to the determination.

12   Advance to the Finance Minister—unforeseen expenditure etc.

             (1)  This section applies if the Finance Minister is satisfied that:

                     (a)  there is an urgent need for expenditure that is not provided for, or is insufficiently provided for, in Schedule 1; and

                     (b)  the additional expenditure is not provided for, or is insufficiently provided for, in Schedule 1:

                              (i)  because of an erroneous omission or understatement; or

                             (ii)  because the additional expenditure was unforeseen until after the last day on which it was practicable to provide for it in the Bill for this Act before that Bill was introduced into the House of Representatives.

             (2)  This Act has effect as if Schedule 1 were amended, in accordance with a determination of the Finance Minister, to make provision for so much (if any) of the additional expenditure as the Finance Minister determines.

             (3)  The total of the amounts determined by the Finance Minister:

                     (a)  under this section; and

                     (b)  under section 12 of the Appropriation Act (No. 1) 2004-2005 ;

cannot be more than $175 million.

             (4)  However, if an amount determined by the Finance Minister under section 12 of the Appropriation Act (No. 1) 2004-2005 is recovered from an amount set out in Schedule 1 to this Act, the determined amount is to be disregarded for the purposes of subsection (3).

             (5)  A determination under subsection (2) is a legislative instrument for the purposes of the Legislative Instruments Act 2003 but neither section 42 nor Part 6 of that Act applies to the determination.

13   Comcover receipts

                   After the commencement of this Act, section 13 of the Appropriation Act (No. 1) 2004-2005 has effect as if the reference to an available item included a reference to:

                     (a)  an item in Schedule 1 to this Act; and

                     (b)  an item in Schedule 2 to the Appropriation Act (No. 4) 2004-2005 .

Note:          Section 13 of the Appropriation Act (No. 1) 2004-2005 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.