Bills Digest 122 1996-97
Appropriation Bill (No. 4) 199697
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have any
official legal status. Other sources should be consulted to determine the
subsequent official status of the Bill.
CONTENTS
Appropriation Bill (No. 4) 199697
Date Introduced: 5 February 1997
House: House of Representatives
Portfolio: Finance
Commencement: Commencement: The Act commences on the day on which
it receives the Royal Assent
To authorise the Minister for Finance to issue an additional $471 270
776 from the Consolidated Revenue Fund in addition to the funds allocated
under the Appropriation Act (No.2) 199697 for proposed expenditure
on capital works and services, payments to the States and Territories
and other services.
Annual authorisations for expenditure are contained in the Appropriation
Act (No. 1), which authorises expenditure for the ordinary services
of government.The Appropriation Act (No. 2), deals with expenditure
on capital works and services, payments to the States and other purposes
not authorised by special legislation. The Parliamentary Departments are
covered by the Appropriation (Parliamentary Departments) Bills.
Additional appropriations may be sought in further Appropriation Bills,
commonly known as additional estimates, when the appropriation sought
in the Appropriation Bills is insufficient for the financial year.
Supply Bills are required as a result of the timing factors in the Budget
cycle. The Commonwealth financial year begins on 1 July, but the Budget
is often not presented until August and it is usually not until November
that the Appropriation Bills have been enacted. Since the Appropriation
Bills of the previous financial year lapse on 30 June, a hiatus of approximately
five months duration appears in the financial activities of the Government
(In recent years the Budget has been presented, where possible, in May).
This hiatus necessitates interim appropriations. This is achieved through
the passing of Supply Bills shortly before the end of the previous financial
year.
The major additional appropriations effected by this Bill are:
- Department of Transport and Regional Development $364 380 000 $347
400 000 is appropriated for the purpose of restructuring the Australian
National Railways Commission.
- Department of Industry Science and Tourism $32 510 000 Agrant of
$5 000 000 and further loan of $25 000 000 is being made to Australian
Leather Holdings Limited (ALHL).The Minister second reading speech
states that the $30 000 000 package is assistance following the agreement
reached with the United States to remove automotive leather from eligibility
under the textiles, clothing and footwear Import Credit Scheme.
- Attorney General's Department $448 776 $49 776 is appropriated for
legal costs incurred by, or on account of acting for, Dr Carmen Lawrence
for or in relation to the Marks Royal Commission.A question without
notice which appears at page 53 of Hansard for 12 February 1997 sets
out the Attorney General's position on the issue of payment of Dr Lawrence's
legal costs and is extracted at Endnote 1.
- Department of Environment, Sport and Territories $4 522 000 $4 080
000 is appropri ated as payments to the states and territories for
the management of World Heritage Properties.
- Department of The Prime Minister and Cabinet $220 000 $200 000 is
appropriated as a contribution to the Port Arthur Victims Appeal Fund.
The effect of clause 3 is to authorise the Minister for Finance to issue
from the Consolidated Revenue Fund an additional $471 270 776 for the
year ending 30 June 1997 (Schedule 2 gives a portfolio and program breakup
of the proposed expenditure).
Clause 4 deals with payments to the States.Schedule 2 deals with payments
to the Sates and Territories by each Department.Payments to States details
in Schedule 1 must be made on the terms and conditions determined by the
specified Minister.
1. QUESTIONS WITHOUT NOTICE
Member for Fremantle: Legal Costs
Mr RICHARD EVANS
--My question is addressed to the Attorney-General. Minister, I understand
from press reports that the former solicitors of Dr Lawrence, the member
for Fremantle, intend to commence legal proceedings against the Commonwealth
claiming that it should pay all of Dr Lawrence's legal costs in relation
to the Marks royal commission and her challenges to it. Can you advise the
House what the government proposes to do about this claim?
Mr SPEAKER
-- call the Attorney-General and Minister for Justice.
Mr WILLIAMS
--I thank the honourable member for Cowan for his question. The legal costs
of the member for Fremantle fall into three categories: the costs of her
representation before the Marks royal commission, the costs of her court
challenges to the appointment of the royal commission, and the costs of
the Western Australian government which courts ordered she pay in respect
of failed challenges. As I stated in this House on 19 November last year,
the government intends to comply with the parliament's previous explicit
decision to approve payment of only so much of the member for Fremantle's
legal costs as were reasonably incurred in appearing before the Marks royal
commission, less such costs as are payable by the state government of Western
Australia. Under the appropriation approved by parliament for the 1995-96
financial year, $319,927 has already been paid by the Commonwealth in respect
of these costs. This appropriation lapsed on 30 June 1996.
I said on 19 November that the government intended to seek parliament's
approval of a further appropriation of approximately $50,000. That remains
the government's position. That amount represents the balance of the royal
commission costs, after making allowance for the amount of the royal commission
costs which we understand are payable by the state government. The government
intends not to pay any of the court costs, in accordance with the parliament's
previous explicit decisions. In other words, the foreshadowed litigation
has not affected the government's intentions.
When the proposed payment of Dr Lawrence's legal costs was put before
this House in 1995, the then government agreed, in this House, to a coalition
amendment reducing the amount of money appropriated by parliament to pay
for Dr Lawrence's legal costs by the amount of the court costs. In the
Senate, the wording of the appropriation was amended explicitly to exclude
the payment by the Commonwealth of any costs other than the royal commission
costs. We understand that these costs other than the royal commission
costs were to have been paid by the Carmen Lawrence Defence Fund, which
was set up specifically to pay those costs that the parliament had refused
to authorise the government to pay. The Australian public and the donors
to that fund are entitled to ask why the fund has not been applied in
payment of those costs, as this was the stated reason for the fund being
set up. It might also be asked whether any interest has accrued on the
funds, or whether administration fees have been charged. The fund was
set up to pay those costs and should be applied accordingly.
Lee Jones
24 March 1997
Bills Digest Service
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ISSN 1323-9031
© Commonwealth of Australia 1996
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Published by the Department of the Parliamentary Library, 1997.
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Last updated: 9 April 1997
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