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Appropriation Bill (No. 5) 2005-2006

Part 3 Additions to basic appropriations

   

10   Advance to the Finance Minister

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

                     (a)  there is an urgent need for expenditure, in the current year, 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:

                     (a)  under this section; and

                     (b)  under section 12 of the Appropriation Act (No. 1) 2005-2006 ; and

                     (c)  under section 12 of the Appropriation Act (No. 3) 2005-2006 ;

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) 2005-2006 or section 12 of the Appropriation Act (No. 3) 2005-2006 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 made under subsection (2) is a legislative instrument, but neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to the determination.

11   Comcover receipts

                   After the commencement of this Act, section 13 of the Appropriation Act (No. 1) 2005-2006 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. 6) 2005-2006 .

Note:          Section 13 of the Appropriation Act (No. 1) 2005-2006 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.