Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Appropriation Bill (No. 1) 2008-2009

Part 3 Adjusting appropriation items

   

10   Reducing departmental items

             (1)  A written request to reduce a departmental item for an Agency may be made to the Finance Minister by:

                     (a)  the Minister who is responsible for the Agency; or

                     (b)  if the Finance Minister is responsible for the Agency—the Chief Executive of the Agency.

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

             (6)  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.

11   Reducing administered items

             (1)  If:

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

                     (b)  the report specifies the amount required by the Agency in respect of an administered item for the Agency; 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, determine that subsection (1):

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

                     (b)  applies as if the amount specified in the annual report were the amount specified in the determination.

             (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.

12   Reducing CAC Act body payment items

             (1)  A written request to reduce a CAC Act body payment item for a CAC Act body may be made to the Finance Minister by:

                     (a)  the Minister who is responsible for the body; or

                     (b)  if the Finance Minister is responsible for the body—the Secretary of the Department.

Note:          For Department , see subsection 19A(3) of the Acts Interpretation Act 1901 .

             (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 paid to the body in respect of the item.

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

             (5)  Subsection 9(2) does not limit the reduction of a CAC Act body payment item under this section.

             (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.

13   Section 31 agreements

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”.

Administered items

             (3)  If a section 31 agreement applies to an administered 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.

             (4)  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 ), the following administered items are taken to be marked “net appropriation”:

                     (a)  the administered items for outcomes 1 and 2 of AusAID;

                     (b)  the administered items for outcomes 1, 2, 3 and 4 of the Department of Families, Housing, Community Services and Indigenous Affairs.

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.

14   Advance to the Finance Minister

             (1)  This section applies if the Finance Minister is satisfied that there is an urgent need for expenditure, 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 Finance Minister, to make provision for so much (if any) of the expenditure as the Finance Minister determines.

             (3)  The total of the amounts determined under subsection (2) cannot be more than $295 million.

             (4)  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.

15   Flexible Funding Pool receipts

             (1)  If:

                     (a)  an amount is debited from the Northern Territory Flexible Funding Pool Special Account to be applied by an Agency for expenditure for the purpose of contributing to achieving the outcome for an administered item; and

                     (b)  the item is specified in a written determination made by the Finance Minister for the purposes of this paragraph;

the item is taken to be increased by the amount of the debit.

             (2)  The increase takes effect at the time the amount is entered in the accounts and records of the Agency.

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

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

16   Comcover receipts

             (1)  This section applies whenever an amount (the Comcover payment ) is debited from The Comcover Account in respect of a payment to an Agency.

Note:          The Comcover Account is a Special Account. For Special Account , see section 3.

             (2)  The Agency Minister must, by writing, determine that one or more specified items for the Agency are to be increased by specified amounts.

             (3)  The determination:

                     (a)  must specify amounts that total the full amount of the Comcover payment; and

                     (b)  may specify items in Schedule 1 to this Act or in a Schedule to the Appropriation Act (No. 2) 2008-2009 .

             (4)  In making the determination, the Agency Minister must comply with any written directions given by the Finance Minister.

             (5)  Items specified in the determination are taken to be increased in accordance with the determination.

             (6)  The Agency Minister may delegate his or her powers under this section to the Chief Executive of the Agency.

             (7)  Neither a determination made under subsection (2) nor a written direction made under subsection (4) is a legislative instrument.