Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Appropriation (Parliamentary Departments) Bill (No. 1) 2012-2013

Part 3 Adjusting appropriation items

   

11   Reducing departmental items, administered assets and liabilities items and other departmental items

             (1)  A written request to reduce a departmental item, an administered assets and liabilities item or an other departmental item for a Parliamentary Department may be made to the Finance Minister by the responsible Presiding Officer.

             (2)  If a request is made under subsection (1), the Finance Minister may, by writing, determine that the item is to be reduced by the amount specified in the request.

             (3)  However, the determination has no effect to the extent that it would reduce the item below nil, after subtracting amounts that have been applied under Part 2 in respect of the item.

             (4)  The item is taken to be reduced in accordance with the determination.

             (5)  Despite subsection 33(3) of the Acts Interpretation Act 1901 , the determination must not be rescinded, revoked, amended or varied.

             (6)  A request made under subsection (1) is not a legislative instrument.

             (7)  A determination made under subsection (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.

12   Reducing administered items

             (1)  If:

                     (a)  an annual report for a Parliamentary Department for the current year is tabled in the Parliament; and

                     (b)  the report specifies an amount required by the Parliamentary Department in respect of an administered item; and

                     (c)  the required amount is less than the amount of the item;

the item is taken to be reduced to the required amount.

             (2)  The Finance Minister may, by writing:

                     (a)  determine that subsection (1):

                              (i)  does not apply in relation to the item; or

                             (ii)  applies as if the amount specified in the annual report were the amount specified in the determination; or

                     (b)  if the report does not specify the required amount—determine an amount that is taken to be the required amount for the purposes of subsection (1).

             (3)  A determination made under subsection (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.

13   Advance to the responsible Presiding Officer

             (1)  This section applies if the responsible Presiding Officer is satisfied that there is an urgent need for expenditure in relation to a Parliamentary Department, in the current year, that is not provided for, or is insufficiently provided for, in Schedule 1:

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

                     (b)  because the 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 responsible Presiding Officer, to make provision for so much (if any) of the additional expenditure as the responsible Presiding Officer determines.

             (3)  The total of the amounts determined under subsection (2) for the Department of the Senate cannot be more than $300,000.

             (4)  The total of the amounts determined under subsection (2) for the Department of the House of Representatives cannot be more than $300,000.

             (5)  The total of the amounts determined under subsection (2) for the Department of Parliamentary Services cannot be more than $1 million.

             (6)  A determination made under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.