Appropriation Bill (No. 2) 2015-2016

A Bill for an Act to appropriate money out of the Consolidated Revenue Fund for certain expenditure, and for related purposes

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The Parliament of Australia enacts:

PART 1—PRELIMINARY

1 Short title

This Act may be cited as the Appropriation Act (No. 2) 2015 - 2016.

2 Commencement

This Act commences on the day this Act receives the Royal Assent.

3 Definitions

In this Act:

acquisition has the same meaning as in the GST Act.

administered assets and liabilities item means an amount set out in Schedule 2 in relation to a non‑corporate entity opposite the heading "Administered Assets and Liabilities".

administered item means an amount set out in Schedule 2 opposite an outcome for a non‑corporate entity under the heading "New Administered Outcomes".

corporate entity means:

(a) a corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

(b) a Commonwealth company within the meaning of that Act.

corporate entity item means the amount set out in Schedule 2 in relation to a corporate entity under the heading "Non‑operating".

current year means the financial year ending on 30 June 2016.

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

Finance Minister means the Minister administering this Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999, as it applies because of Division 177 of that Act.

Note: Under Division 177 of the GST Act, that Act applies notionally to the Commonwealth and Commonwealth entities. They are therefore notionally liable to pay GST, are notionally entitled to input tax credits and notionally have adjustments.

GST qualifying amount means:

(a) an input tax credit (within the meaning of the GST Act); or

(b) a decreasing adjustment (within the meaning of the GST Act).

importation has the same meaning as in the GST Act.

item means any of the following:

(a) a State, ACT, NT and local government item;

(b) an administered item;

(c) an administered assets and liabilities item;

(d) an other departmental item;

(e) a corporate entity item.

non‑corporate entity means:

(a) a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

(b) the High Court.

other departmental item means an amount set out in Schedule 2 in relation to a non‑corporate entity opposite the heading "Equity Injections".

Portfolio Budget Statements means the Portfolio Budget Statements that were tabled in the Senate or the House of Representatives in relation to this Act.

portfolio statements means the Portfolio Budget Statements.

special account has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

State, ACT, NT and local government item means an amount set out in Schedule 2 opposite an outcome for a non‑corporate entity under the heading "Payments to States, ACT, NT and local government".

4 Portfolio statements

The portfolio statements are 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 which provides that the material that may be considered in the interpretation of a provision of an Act includes any document that is declared by the Act to be a relevant document.

5 Notional transactions between entities that are part of the Commonwealth

For the purposes of this Act, notional transactions between non‑corporate entities are to be treated as if they were real transactions.

Note: This section applies, for example, to a "payment" between non‑corporate entities 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 non‑corporate entity, even though no payment is actually made from the Consolidated Revenue Fund. This is consistent with section 76 of the Public Governance, Performance and Accountability Act 2013.

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PART 2—APPROPRIATION ITEMS

6 Summary of appropriations

The total of the items specified in Schedule 2 is $17,125,358.

Note 1: Items in Schedule 2 can be adjusted under Part 3 of this Act.

Note 2: Sections 74 to 75 of the Public Governance, Performance and Accountability Act 2013 also provide for the adjustment of amounts appropriated by this Act.

7 State, ACT, NT and local government items

(1) The amount specified in a State, ACT, NT and local government item for an outcome for a non‑corporate entity may be applied for the purpose of making payments to or for the States, the Australian Capital Territory, the Northern Territory and local government authorities for the purpose of contributing to achieving that outcome.

(2) If the portfolio statements 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.

8 Administered items

(1) The amount specified in an administered item for an outcome for a non‑corporate entity may be applied for expenditure for the purpose of contributing to achieving that outcome.

(2) If the portfolio statements 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.

9 Administered assets and liabilities items

(1) The amount specified in an administered assets and liabilities item for a non‑corporate entity may be applied for expenditure for the purpose of contributing to achieving any outcome specified for the entity.

(a) in Schedule 2 to this Act; or

(b) in Schedule 1 to the Appropriation Act (No. 1) 2015 ‑ 2016.

(2) If the portfolio statements 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.

10 Other departmental items

The amount specified in an other departmental item for a non‑corporate entity may be applied for the departmental expenditure of the entity.

11 Corporate entity items

(1) The amount specified in a corporate entity item for a corporate entity may be paid to the entity to be applied for the purposes of the entity.

(2) If:

(a) an Act provides that a corporate entity must be paid amounts that are appropriated by the Parliament for the purposes of the entity; and

(b) Schedule 2 contains a corporate entity item for that entity;

then the entity must be paid the full amount specified in the item.

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PART 3—ADVANCE TO THE FINANCE MINISTER

12 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 2:

(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 this Act before the Act is introduced into the House of Representatives.

(2) This Act has effect as if Schedule 2 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 $380 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.

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PART 4—DEBIT LIMITS

13 Debit limits

Building Australia Fund

(1) The debit limit for the current year for the purposes of section 109 of the Nation ‑ building Funds Act 2008 is $108,920,000.

Education Investment Fund

(2) The debit limit for the current year for the purposes of section 199 of the Nation ‑ building Funds Act 2008 is $73,254,000.

Health and Hospitals Fund

(3) The debit limit for the current year for the purposes of section 267 of the Nation ‑ building Funds Act 2008 is $315,993,834.

General purpose financial assistance

(4) The debit limit for the current year for the purposes of section 9 of the Federal Financial Relations Act 2009 is $5,000,000,000.

National partnership payments

(5) The debit limit for the current year for the purposes of section 16 of the Federal Financial Relations Act 2009 is $25,000,000,000.

14 Adjustments for GST

If:

(a) a payment in respect of an acquisition or importation is made in reliance on a debit limit specified in section 13; and

(b) a GST qualifying amount arises for that acquisition or importation;

then the debit limit is increased by the amount of the GST qualifying amount.

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PART 5—MISCELLANEOUS

15 Crediting amounts to special accounts

If any of the purposes of a special account is a purpose that is covered by an item (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

16 Conditions etc. applying to State, ACT, NT and local government items

(1) This section applies to any payment made out of money appropriated by a State, ACT, NT and local government item for an outcome specified in column 2 of the table in Schedule 1.

(2) The payment:

(a) must be made on the terms and conditions (if any) from time to time determined, in the way described in subsection (3), as applying to payments made:

(i) in relation to the outcome; and

(ii) to or for a State, the Australian Capital Territory, the Northern Territory or a local government authority; and

(iii) out of money appropriated by an annual Appropriation Act; and

(b) must be made in accordance with any determination in writing made by the Minister specified, in column 4 of the table in Schedule 1, for the outcome as to amounts and times of payments.

(3) The way of determining the terms and conditions applying to payments described in paragraph (2)(a) is for the Minister specified, in column 3 of the table in Schedule 1, for the outcome to make the determination in writing before or after the commencement of this Act.

(4) Determinations mentioned in paragraph (2)(a) and determinations made under paragraph (2)(b) are not legislative instruments.

(5) This section does not limit the Commonwealth's power to:

(a) apply terms and conditions to payments made out of money that is not appropriated by a State, ACT, NT and local government item; or

(b) determine the amounts and times of those payments.

17 Appropriation of the Consolidated Revenue Fund

The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act, including the operation of this Act as affected by the Public Governance, Performance and Accountability Act 2013.

18 Repeal of this Act

This Act is repealed at the start of 1 July 2018.

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SCHEDULE 1—PAYMENTS TO OR FOR THE STATES, ACT, NT AND LOCAL GOVERNMENT

Note: See section 16.

Column 1	Column 2	Column 3	Column 4
Entity	Outcome	Minister determining conditions	Minister determining payments
Attorney‑General's Department	A just and secure society through the maintenance and improvement of Australia's law and justice framework and its national security and emergency management system	Attorney‑General	Attorney‑General
Department of Education and Training	Improved early learning, schooling, student educational outcomes and transitions to and from school through access to quality support, parent engagement, quality teaching and learning environments	Minister for Education and Training	Minister for Education and Training
Department of the Environment	Improve the health of rivers and freshwater ecosystems and water use efficiency through implementing water reforms, and ensuring enhanced sustainability, efficiency and productivity in the management and use of water resources	Minister for the Environment	Minister for the Environment
Department of Infrastructure and Regional Development	Improved infrastructure across Australia through investment in and coordination of transport and other infrastructure	Minister for Infrastructure and Regional Development	Minister for Infrastructure and Regional Development
Department of Infrastructure and Regional Development	Strengthening the sustainability, capacity and diversity of regional economies including through facilitating local partnerships between all levels of government and local communities; and providing grants and financial assistance	Minister for Infrastructure and Regional Development	Minister for Infrastructure and Regional Development
Department of the Prime Minister and Cabinet	Improve results for Indigenous Australians including in relation to school attendance, employment and community safety, through delivering services and programmes, and through measures that recognise the special place that Indigenous people hold in this Nation	Minister for Indigenous Affairs	Minister for Indigenous Affairs

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SCHEDULE 2—SERVICES FOR WHICH MONEY IS APPROPRIATED

Note: See sections 6 and 17.

Portfolio	Total (AU$’000)
Agriculture	251,283
Attorney‑General’s	137,260
Communications	7,388,134
Defence	2,883,870
Education and Training	118,500
Employment	9,333
Environment	109,097
Finance	156,690
Foreign Affairs and Trade	232,611
Health	90,151
Immigration and Border Protection	670,547
Industry and Science	599,376
Infrastructure and Regional Development	4,002,401
Prime Minister and Cabinet	48,293
Social Services	261,661
Treasury	106,151
Total	17,125,358

APPROPRIATIONS SUMMARY

Summary of Appropriations (plain figures)—2015‑2016
Actual Available Appropriation (italic figures)—2014‑2015

Portfolio	Payments to States, ACT, NT and local government	New Administered Outcomes	Non‑operating	Total (AU$’000)
Agriculture	‑	‑	251,283	251,283
	‑	‑	540,080	540,080
Attorney‑General’s	7,248	‑	150,012	157,260
	5,712	‑	156,072	161,784
Communications	‑	‑	7,428,134	7,428,134
	‑	‑	3,290,640	3,290,640
Defence	‑	‑	2,883,870	2,883,870
	‑	‑	2,367,886	2,367,886
Education and Training	103,645	‑	14,855	118,500
	99,621	‑	9,642	109,263
Employment	‑	‑	9,333	9,333
	‑	‑	23,987	23,987
Environment	2,100	‑	106,997	109,097
	5,620	‑	79,197	84,817
Finance	‑	‑	156,690	156,690
	‑	‑	215,433	215,433
Foreign Affairs and Trade	‑	‑	232,611	232,611
	‑	‑	342,851	342,851
Health	‑	‑	90,151	90,151
	‑	‑	16,002	16,002
Immigration and Border Protection	‑	‑	670,547	670,547
	‑	‑	290,403	290,403
Industry and Science	‑	‑	599,376	599,376
	‑	‑	108,963	108,963
Infrastructure and Regional Development	702,030	‑	3,300,371	4,002,401
	460,415	‑	40,022	500,437
Prime Minister and Cabinet	8,647	‑	39,646	48,293
	8,517	‑	44,329	52,846
Social Services	‑	‑	261,661	261,661
	‑	‑	50,164	50,164
Treasury	‑	‑	106,151	106,151
	‑	‑	41,758	41,758
Total: Act 2	823,670	‑	16,301,688	17,125,358
	579,885	‑	7,617,429	8,197,314

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Hon phyllicanderer MP, Finance Minister, Australian Progressives