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Appropriation (Tsunami Financial Assistance) Bill 2004-2005

Part 2 Basic appropriations

   

6   Summary of basic appropriations

                   The total of the items specified in Schedule 1 is $131,375,000.

Note 1:       Items in Schedule 1 can be increased under Part 3 of this Act and under section 13 of the Appropriation Act (No. 1) 2004-2005 (as modified by section 11 of this Act).

Note 2:       See also section 30A of the Financial Management and Accountability Act 1997 , which provides for adjustment of appropriations to take account of GST.

7   Departmental items—basic appropriation

             (1)  For a 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, subsections (3) and (4) impose an obligation on the Finance Minister to issue the amounts in certain circumstances.

             (2)  An amount issued out of the Consolidated Revenue Fund for a departmental item for an entity may only be applied for the departmental expenditure of the entity.

Note:          The acquisition of new departmental assets will usually be funded from an other departmental item (in another Appropriation Act).

             (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 1 contains a 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.

             (4)  If a departmental item for an Agency includes provision for payment of remuneration and allowances to the holder of:

                     (a)  a public office (within the meaning of the Remuneration Tribunal Act 1973 ); or

                     (b)  an office specified in a Schedule to the Remuneration and Allowances Act 1990 ;

then the Finance Minister, under subsection (1), must issue out of the Consolidated Revenue Fund, under that item, amounts that are sufficient to pay the remuneration and allowances and must apply the amounts for that purpose.

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 (in another Appropriation Act).

             (3)  A determination made under paragraph (1)(b) is not a legislative instrument.

9   Reduction of appropriations upon request

             (1)  The Finance Minister may, upon written request by a Minister, make a written determination under this section reducing a 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 under this section reducing a 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 under this section 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 of that Act applies to the determination. However, Part 6 of that Act does not apply to the determination.

           (10)  A written request made under subsection (1) or (2) is not a legislative instrument.