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Appropriation Bill (No. 5) 2004-2005

Part 1 Preliminary

   

1   Short title

                   This Act may be cited as the Appropriation Act (No. 5) 2004-2005 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Definitions

                   In this Act, unless the contrary intention appears:

administered item means an amount set out in Schedule 1 opposite an outcome of an entity under the heading “Administered Expenses”.

Agency means any of the following:

                     (a)  an Agency within the meaning of the Financial Management and Accountability Act 1997 ;

                     (b)  the High Court.

Agency Minister , in relation to an Agency, means the Minister responsible for the Agency.

Chief Executive has the same meaning as in the Financial Management and Accountability Act 1997 .

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 2005.

departmental item means the total amount set out in Schedule 1 in relation to an entity under the heading “Departmental Outputs”.

Note:          The amounts set out opposite outcomes, under the heading “Departmental Outputs”, are “notional”. They are not part of the item, and do not in any way restrict the scope of the expenditure authorised by the item.

entity means any of the following:

                     (a)  an Agency;

                     (b)  a Commonwealth authority;

                     (c)  a Commonwealth company;

                     (d)  the Australian National Training Authority.

expenditure means payments for expenses, acquiring assets, making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means an administered item or a departmental item.

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) 2004-2005 and the Bill for the Appropriation Act (No. 4) 2004-2005 .

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) 2004-2005 and the Bill for the Appropriation Act (No. 2) 2004-2005 .

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 the Appropriation (Tsunami Financial Assistance) Act 2004-2005 and the Bill for the Appropriation (Tsunami Financial Assistance and Australia-Indonesia Partnership) Act 2004-2005 .

Portfolio Supplementary Additional Estimates Statements No. 2 means the Portfolio Supplementary Additional Estimates Statements No. 2 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 Act (No. 6) 2004-2005 .

section 31 agreement means an agreement under section 31 of the Financial Management and Accountability Act 1997 .

Special Account has the same meaning as in the Financial Management and Accountability Act 1997 .

4   Portfolio Budget Statements etc.

             (1)  The Portfolio Budget Statements, Portfolio Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements and Portfolio Supplementary Additional Estimates Statements No. 2 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 Additional Estimates Statements, Portfolio Supplementary Additional Estimates Statements or Portfolio Supplementary Additional Estimates Statements No. 2 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.