APPROPRIATION (REGIONAL TELECOMMUNICATIONS SERVICES) BILL 2005

2004-2005

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Appropriation (Regional

Telecommunications Services) Bill

2005-2006

No. , 2005

(Finance and Administration)

A Bill for an Act to appropriate money out of the

Consolidated Revenue Fund for the ordinary

annual services of the Government in relation to

regional telecommunications services, and for

related purposes

i Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005

Contents

Part 1--Preliminary

Short title.......................................................................................1

Commencement .............................................................................2

Definitions.....................................................................................2

Portfolio Budget Statements and Portfolio Supplementary

Estimates Statements......................................................................3

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

Part 2--Basic appropriations

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

Departmental items--basic appropriation........................................5

Administered items--basic appropriation........................................6

Reduction of appropriations upon request .......................................6

Part 3--Additions to basic appropriations

Net appropriations..........................................................................8

Comcover receipts .........................................................................8

Part 4--Miscellaneous

Crediting amounts to Special Accounts...........................................9

Appropriation of the Consolidated Revenue Fund ...........................9

Schedule 1--Services for which money is

appropriated

Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 1

A Bill for an Act to appropriate money out of the

Consolidated Revenue Fund for the ordinary

annual services of the Government in relation to

regional telecommunications services, and for

related purposes

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Appropriation (Regional

Telecommunications Services) Act 2005-2006.

Part 1 Preliminary

Section 2

2 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005

2 Commencement

This Act commences on the day on which it receives the Royal

Assent.

3 Definitions

In this Act:

administered item means an amount set out in Schedule 1 opposite

an outcome of an entity under the heading "Administered

Expenses".

Agency means any of the following:

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

and Accountability Act 1997;

(b) the High Court.

Chief Executive has the same meaning as in the Financial

Management and Accountability Act 1997.

Commonwealth authority has the same meaning as in the

Commonwealth Authorities and Companies Act 1997.

Commonwealth company has the same meaning as in the

Commonwealth Authorities and Companies Act 1997.

current year means the financial year ending on 30 June 2006.

departmental item means the total amount set out in Schedule 1 in

relation to an entity under the heading "Departmental Outputs".

Note:

The amounts set out opposite outcomes, under the heading

"Departmental Outputs", are "notional". They are not part of the item,

and do not in any way restrict the scope of the expenditure authorised

by the item.

entity means any of the following:

(a) an Agency;

(b) a Commonwealth authority;

(d) the Australian National Training Authority.

Preliminary Part 1

Section 4

Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 3

expenditure means payments for expenses, acquiring assets,

making loans or paying liabilities.

Finance Minister means the Minister administering this Act.

item means an administered item or a departmental item.

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) 2005-2006 and the Bill for the Appropriation Act (No. 2)

2005-2006.

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.

section 31 agreement means an agreement under section 31 of the

Financial Management and Accountability Act 1997.

Special Account has the same meaning as in the Financial

Management and Accountability Act 1997.

4 Portfolio Budget Statements and Portfolio Supplementary

Estimates Statements

(1) The Portfolio Budget Statements and Portfolio Supplementary

Estimates 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.

(2) If the Portfolio Budget Statements or Portfolio Supplementary

Estimates 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.

Part 1 Preliminary

Section 5

4 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005

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.

Basic appropriations Part 2

Section 6

Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 5

Part 2--Basic appropriations

6 Summary of basic appropriations

The total of the items specified in Schedule 1 is $219,218,000.

Note 1:

Items in Schedule 1 can be increased under Part 3 of this Act and

under section 13 of the Appropriation Act (No. 1) 2005-2006 (as

modified by section 11 of this Act).

Note 2:

See also section 30A of the Financial Management and

Accountability Act 1997, which provides for adjustment of

appropriations to take account of GST.

7 Departmental items--basic appropriation

(1) For a departmental item for an entity, the Finance Minister may

issue out of the Consolidated Revenue Fund amounts that do not

exceed, in total, the amount specified in the item.

Note:

Generally, the Finance Minister is permitted, but not obliged, to issue

the amounts out of the Consolidated Revenue Fund. However,

subsections (3) and (4) impose an obligation on the Finance Minister

to issue the amounts in certain circumstances.

(2) An amount issued out of the Consolidated Revenue Fund for a

departmental item for an entity may only be applied for the

departmental expenditure of the entity.

Note:

The acquisition of new departmental assets will usually be funded

from an other departmental item (in another Appropriation Act).

(3) If:

(a) an Act provides that an entity must be paid amounts that are

appropriated by the Parliament for the purposes of the entity;

and

(b) Schedule 1 contains a departmental item for that entity;

then the Finance Minister, under subsection (1), must issue out of

the Consolidated Revenue Fund the full amount specified in the

item.

Part 2 Basic appropriations

Section 8

6 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005

(4) If a departmental item for an Agency includes provision for

payment of remuneration and allowances to the holder of:

(a) a public office (within the meaning of the Remuneration

Tribunal Act 1973); or

(b) an office specified in a Schedule to the Remuneration and

Allowances Act 1990;

then the Finance Minister, under subsection (1), must issue out of

the Consolidated Revenue Fund, under that item, amounts that are

sufficient to pay the remuneration and allowances and must apply

the amounts for that purpose.

8 Administered items--basic appropriation

(1) For an administered item for an outcome of an entity, the Finance

Minister may issue out of the Consolidated Revenue Fund amounts

that do not exceed, in total, the lesser of:

(a) the amount specified in the item; and

(b) the amount determined by the Finance Minister in relation to

the item, having regard to the expenses incurred by the entity

in the current year in relation to the item.

(2) An amount issued out of the Consolidated Revenue Fund for an

administered item for an outcome of an entity may only be applied

for expenditure for the purpose of carrying out activities for the

purpose of contributing to achieving that outcome.

Note:

The acquisition of new administered assets will usually be funded

from an administered assets and liabilities item (in another

Appropriation Act).

(3) A determination made under paragraph (1)(b) is not a legislative

instrument.

9 Reduction of appropriations upon request

(1) The Finance Minister may, upon written request by a Minister,

make a written determination under this section reducing a

departmental item for an entity for which the Minister is

responsible by the amount specified in the determination.

Basic appropriations Part 2

Section 9

Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 7

(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 under this section

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 under this section 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 of that Act applies to the

determination. However, Part 6 of that Act does not apply to the

determination.

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

legislative instrument.

Part 3 Additions to basic appropriations

Section 10

8 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005

Part 3--Additions to basic appropriations

10 Net appropriations

(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, each departmental item is taken to be

marked "net appropriation".

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 an item in Schedule 1

to this Act.

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.

Miscellaneous Part 4

Section 12

Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005 9

Part 4--Miscellaneous

12 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.

13 Appropriation of the Consolidated Revenue Fund

The Consolidated Revenue Fund is appropriated as necessary for

the purposes of this Act.

Schedule 1 Services for which money is appropriated

12 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. ,

2005

SUMMARY

Supplementary Appropriation (bold figures) -- 2005-2006

Budget Appropriation (italic figures) -- 2005-2006

Departmental

Administered

Portfolio

Outputs

Expenses

Total

$'000

Agriculture, Fisheries and Forestry

327,977

310,070

638,047

Continued

Attorney-General's

2,503,949

354,501

2,858,450

Continued

Communications, Information Technology and the

3,459

215,759

219,218

Arts

1,766,896

380,854

2,147,750

Continued

Defence

16,360,272

78,566

16,438,838

Continued

Education, Science and Training

1,150,258

1,372,999

2,523,257

Continued

Employment and Workplace Relations

1,531,950

2,621,601

4,153,551

Continued

Environment and Heritage

549,446

442,395

991,841

Continued

Family and Community Services

1,503,342

1,033,849

2,537,191

Continued

Finance and Administration

1,132,888

224,486

1,357,374

Continued

Foreign Affairs and Trade

1,094,909

1,967,421

3,062,330

Continued

Health and Ageing

505,039

3,191,225

3,696,264

Continued

Immigration and Multicultural and Indigenous

Affairs

1,100,990

353,832

1,454,822

Continued

Industry, Tourism and Resources

512,521

527,397

1,039,918

Continued

Prime Minister and Cabinet

224,548

281,400

505,948

Continued

Services for which money is appropriated Schedule 1

Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005

SUMMARY

Supplementary Appropriation (bold figures) -- 2005-2006

Budget Appropriation (italic figures) -- 2005-2006

Departmental

Administered

Portfolio

Outputs

Expenses

Total

$'000

Transport and Regional Services

283,732

436,070

719,802

Continued

Treasury

3,239,825

6,010

3,245,835

Continued

Total: Bill 3

3,459

215,759

219,218

33,788,542

13,582,676

47,371,218

Schedule 1 Services for which money is appropriated

14 Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. ,

2005

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE

ARTS PORTFOLIO

SUMMARY

Supplementary Appropriation (bold figures) -- 2005-2006

Budget Appropriation (italic figures) -- 2005-2006

Departmental

Administered

Agency

Outputs

Expenses

Total

$'000

Department of Communications, Information

3,459

215,759

219,218

Technology and the Arts

114,340

380,854

495,194

Continued

Australia Council

149,248

Continued

Australian Broadcasting Authority

17,270

Continued

Australian Broadcasting Corporation

773,488

Continued

Australian Communications Authority

57,172

Continued

Australian Film Commission

51,991

Continued

Australian Film, Television and Radio School

19,690

Continued

Australian National Maritime Museum

23,314

Continued

Australian Sports Commission

168,631

Continued

Australian Sports Drug Agency

9,169

Continued

National Archives of Australia

66,381

Continued

National Gallery of Australia

40,657

Continued

National Library of Australia

58,786

Continued

National Museum of Australia

39,784

Continued

Special Broadcasting Service Corporation

176,975

Continued

Total: Communications, Information

3,459

215,759

219,218

Technology and the Arts

1,766,896

380,854

2,147,750

Services for which money is appropriated Schedule 1

Appropriation (Regional Telecommunications Services) Bill 2005-2006 No. , 2005

COMMUNICATIONS, INFORMATION TECHNOLOGY AND THE

ARTS PORTFOLIO

Supplementary Appropriation (bold figures) -- 2005-2006

Budget Appropriation (italic figures) -- 2005-2006

Actual Available Appropriation (light figures) -- 2004-2005

Departmental

Administered

Outputs

Expenses

Total

$'000

DEPARTMENT OF COMMUNICATIONS,

INFORMATION TECHNOLOGY AND THE

ARTS

Outcome 3 -

Development of services and provision of a

3,459

215,759

219,218

regulatory environment which encourages a

63,456

170,848

234,304

sustainable and effective communications

sector for the benefit of all Australians and an

internationally competitive information

economy and Information and Communications

Technology industry

66,817

176,233

243,050

Total: Department of Communications,

3,459

215,759

219,218

Information Technology and the Arts

114,340

380,854

495,194

Commonwealth of Australia Bills

APPROPRIATION (REGIONAL TELECOMMUNICATIONS SERVICES) BILL 2005