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Appropriation Bill (No. 3) 2007-2008

Part 3 Adjustments to basic appropriations

   

9   Reduction of appropriations upon request

             (1)  The Finance Minister may, upon written request by a Minister, make a written determination 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 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 made under subsection (1) or (2) 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 (disallowance) of that Act applies to the determination. However, Part 6 (sunsetting) of that Act does not apply to the determination.

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

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 (as in force immediately before the commencement of item 8 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007 ), each departmental item is taken to be marked “net appropriation”.

Note:          Item 13 of Schedule 1 to the Financial Framework Legislation Amendment Act (No. 1) 2007 continues the operation of section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 8 of that Schedule) in relation to section 31 agreements made before that commencement.

11   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 by the Finance Minister:

                     (a)  under this section; and

                     (b)  under section 11 of the Appropriation Act (No. 1) 2007-2008 ;

cannot be more than $175 million.

             (4)  However, if an amount determined by the Finance Minister under section 11 of the Appropriation Act (No. 1) 2007-2008 is recovered from an amount set out in:

                     (a)  Schedule 1 to this Act; or

                     (b)  Schedule 1 to the Appropriation (Drought and Equine Influenza Assistance) Act (No. 1) 2007-2008 ;

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 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

12   Flexible Funding Pool receipts

             (1)  This section applies if:

                     (a)  an amount is debited from the Northern Territory Flexible Funding Pool Special Account; and

                     (b)  the amount is paid to an Agency to be applied by the Agency for purposes covered by an administered item; and

                     (c)  the administered item is specified in a written determination made by the Finance Minister for the purposes of this paragraph.

             (2)  The administered item is taken to be increased:

                     (a)  by the amount of the debit; and

                     (b)  at the time when an entry recording the payment is made in the accounts and records of the Agency.

             (3)  The amount of the debit may only be applied by the Agency in accordance with the conditions (if any) set out in the determination.

             (4)  To avoid doubt, subsection (3) does not limit the operation of subsection 8(2).

             (5)  A determination made for the purposes of paragraph (1)(c) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

13   Comcover receipts

                   After the commencement of this Act, section 12 of the Appropriation Act (No. 1) 2007-2008 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) 2007-2008 .

Note:          Section 12 of the Appropriation Act (No. 1) 2007-2008 provides for amounts to be added to available items for an Agency in respect of Comcover payments to the Agency.