APPROPRIATION (IMPLEMENTATION OF THE REPORT OF THE EXPERT PANEL ON ASYLUM SEEKERS) BILL (NO. 2) 2012-2013

2010-2011-2012

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Appropriation (Implementation of the

Report of the Expert Panel on Asylum

Seekers) Bill (No. 2) 2012-2013

No. , 2012

(Finance and Deregulation)

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for certain

expenditure in relation to implementation of the

Report of the Expert Panel on Asylum Seekers, and

for related purposes

i Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 2) 2012-2013 No. , 2012

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

3 Definitions

.........................................................................................

4 Portfolio

Statements

...........................................................................

Notional payments, receipts etc. ........................................................ 4

Part 2--Appropriation items

Summary of appropriations ............................................................... 5

Administered assets and liabilities items ........................................... 5

Other departmental items ................................................................... 5

Part 3--Adjusting appropriation items

Reducing administered assets and liabilities items and other

departmental items ............................................................................. 6

Part 4--Miscellaneous

Crediting amounts to Special Accounts ............................................. 7

Appropriation of the Consolidated Revenue Fund ............................. 7

Schedule 1--Services for which money is

appropriated

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 2)

2012-2013 No. , 2012 1

A Bill for an Act to appropriate additional money

out of the Consolidated Revenue Fund for certain

expenditure in relation to implementation of the

Report of the Expert Panel on Asylum Seekers, and

for related purposes

The Parliament of Australia enacts:

Part 1 Preliminary

Section 1

2 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 2) 2012-2013 No. , 2012

Part 1--Preliminary

1 Short title

This Act may be cited as the Appropriation (Implementation of the

Report of the Expert Panel on Asylum Seekers) Act (No. 2)

2012-2013.

2 Commencement

This Act commences on the day this Act receives the Royal

Assent.

3 Definitions

In this Act:

administered assets and liabilities item means an amount set out in

Schedule 1 in relation to an Agency opposite the heading

"Administered Assets and Liabilities".

administered item means an amount set out in Schedule 1 opposite

an outcome for an Agency under the heading "New Administered

Outcomes".

Agency means:

(a) an Agency within the meaning of the Financial Management

and Accountability Act 1997; or

(b) the High Court of Australia.

Chief Executive has the same meaning as in the Financial

Management and Accountability Act 1997.

current year means the financial year ending on 30 June 2013.

expenditure means payments for expenses, acquiring assets,

making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means any of the following:

Preliminary Part 1

Section 4

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 2)

2012-2013 No. , 2012 3

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

(b) an administered item;

(d) an other departmental item;

other departmental item means an amount set out in Schedule 1 in

relation to an Agency 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 the Bill for the Appropriation Act

(No. 1) 2012-2013 and the Bill for the Appropriation Act (No. 2)

2012-2013.

Portfolio Statements means:

(a) the Portfolio Budget Statements; and

(b) the Portfolio Supplementary Estimates Statements.

Portfolio Supplementary Estimates Statements means the

Portfolio Supplementary Estimates Statements 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 (Implementation of

the Report of the Expert Panel on Asylum Seekers) Act (No. 1)

2012-2013.

Special Account has the same meaning as in the Financial

Management and Accountability Act 1997.

State, ACT, NT and local government item means an amount set

out in Schedule 1 opposite an outcome for an Agency under the

heading "Payments to States, ACT, NT and local government".

4 Portfolio Statements

The Portfolio Statements 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.

Part 1 Preliminary

Section 5

4 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 2) 2012-2013 No. , 2012

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.

Appropriation items Part 2

Section 6

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 2)

2012-2013 No. , 2012 5

Part 2--Appropriation items

6 Summary of appropriations

The total of the items specified in Schedule 1 is $267,980,000.

Note 1:

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

Note 2:

Sections 30 to 32 of the Financial Management and Accountability

Act 1997 also provide for adjustments of amounts appropriated by this

Act.

7 Administered assets and liabilities items

(1) The amount specified in an administered assets and liabilities item

for an Agency may be applied for expenditure for the purpose of

contributing to achieving any outcome specified for the Agency:

(a) in Schedule 1 to this Act; or

(b) in Schedule 1 to the Appropriation (Implementation of the

Report of the Expert Panel on Asylum Seekers) Act (No. 1)

2012-2013; or

(d) in Schedule 1 to the Appropriation Act (No. 1) 2012-2013.

Note:

The Finance Minister manages the expenditure of public money

through the issue of drawing rights under the Financial Management

and Accountability Act 1997.

(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 Other departmental items

The amount specified in an other departmental item for an Agency

may be applied for the departmental expenditure of the Agency.

Note:

The Finance Minister manages the expenditure of public money

through the issue of drawing rights under the Financial Management

and Accountability Act 1997.

Part 3 Adjusting appropriation items

Section 9

6 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill

(No. 2) 2012-2013 No. , 2012

Part 3--Adjusting appropriation items

9 Reducing administered assets and liabilities items and other

departmental items

(1) A written request to reduce an administered assets and liabilities

item or an other departmental item for an Agency may be made to

the Finance Minister by:

(a) the Prime Minister or a Minister acting on behalf of the

Prime Minister; or

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

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) Despite subsection 33(3) of the Acts Interpretation Act 1901, the

determination must not be rescinded, revoked, amended or varied.

(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.

Miscellaneous Part 4

Section 10

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 2)

2012-2013 No. , 2012 7

Part 4--Miscellaneous

10 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.

11 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 Financial Management and Accountability Act

1997.

Schedule 1 Services for which money is appropriated

10 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers)

Bill (No. 2) 2012-2013 No. , 2012

SUMMARY

Summary of Appropriations (bold figures)--2012-2013

Budget Appropriation (italic figures)--2012-2013

Portfolio

Payments to

States, ACT,

NT and local

government

New

Administered

Outcomes

Non-

operating

Total

$'000

Agriculture, Fisheries and Forestry

1,000

Attorney-General's

216,291

Broadband, Communications and the

Digital Economy

4,843,005

Climate Change and Energy Efficiency

17,857

Defence

18,421

Education, Employment and

Workplace Relations

6,520

Families, Housing, Community

Services and Indigenous Affairs

66,056

Finance and Deregulation

197,556

Foreign Affairs and Trade

585,705

Health and Ageing

72,303

Human Services

41,071

Immigration and Citizenship

267,980

24,556

Industry, Innovation, Science,

Research and Tertiary Education

43,722

Infrastructure and Transport

3,561

Prime Minister and Cabinet

9,600

Regional Australia, Local Government,

Arts and Sport

62,449

Resources, Energy and Tourism

200

Sustainability, Environment, Water,

Population and Communities

Continued

200,427

Schedule 1 Services for which money is appropriated

12 Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers)

Bill (No. 2) 2012-2013 No. , 2012

IMMIGRATION AND CITIZENSHIP PORTFOLIO

SUMMARY

Summary of Appropriations (bold figures)--2012-2013

Budget Appropriation (italic figures)--2012-2013

Entity

Payments to

States, ACT,

NT and local

government

New

Administered

Outcomes

Non-

operating

Total

$'000

Department of Immigration and

Citizenship

267,980

24,515

Migration Review Tribunal and

Refugee Review Tribunal

Total: Immigration and Citizenship

267,980

24,556

Services for which money is appropriated Schedule 1

Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 2)

2012-2013 No. , 2012 13

IMMIGRATION AND CITIZENSHIP PORTFOLIO

Additional Appropriation (bold figures)--2012-2013

Budget Appropriation (italic figures)--2012-2013

Actual Available Appropriation (light figures)--2011-2012

Payments to

States, ACT,

NT and local

government

New

Administered

Outcomes

Total

$'000

DEPARTMENT OF IMMIGRATION AND

CITIZENSHIP

Non-operating

Equity Injections

600

24,515

11,698

Administered Assets and Liabilities

267,380

23,966

Total: Department of Immigration and

Citizenship

267,980

Commonwealth of Australia Bills

APPROPRIATION (IMPLEMENTATION OF THE REPORT OF THE EXPERT PANEL ON ASYLUM SEEKERS) BILL (NO. 2) 2012-2013