Bills Digest no. 146 2009–10
Appropriation (Parliamentary Departments) Bill (No. 1)
2010–2011
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
Passage history
Purpose
Background
Financial implications
Main provisions
Contact officer & copyright details
Passage history
Appropriation
(Parliamentary Departments) Bill (No. 1)
2010–2011
Date introduced: 11 May
2010
House: House of
Representatives
Portfolio: Finance
and Deregulation
Commencement: The
day of Royal Assent
Links: The
links to the Bill, its Explanatory Memorandum and second
reading speech can be found on the Bills page, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
To appropriate $222.098 million out of the
Consolidated Revenue Fund for expenditure in relation to the
Parliamentary Departments.
The Parliamentary Service Act 1999 provides that the
administration of the Parliament is undertaken by at least two
parliamentary departments. The Department of the Senate and the
House of Representatives (the chamber departments) are created by
force of law. Other departments may be established or abolished by
resolutions passed by each House.[1] The third Parliamentary Department, the Department
of Parliamentary Services, commenced operations in February 2004,
following the amalgamation of the (then) Joint House Department
with the Department of the Parliamentary Reporting Staff and the
Parliamentary Library.
The Bill appropriates $222.098 million for the 2010–11
financial year. This compares to
$145.506 million for 2009–10.[2]
| |
2010-11
|
2009-10
|
|
Department of the
Senate
|
20.540
|
20.513
|
|
Department of the
House of Representatives
|
22.387
|
22.219
|
|
Department of
Parliamentary Services
|
179.171
|
102.774
|
|
Total of
Parliamentary Departments
|
222.098
|
145.506
|
Information extracted from Schedule 1 Appropriation
(Parliamentary Departments) Bill (No.1) 2010-11.
While the overall comparative figures for 2010–11 and
2009–10 in Table 1 show an increase, this increase is due
mainly to:
- the implementation of net cash appropriation arrangements for
major asset acquisitions, that is, assets valued at more than $10
million[3]
- additional funding ($18.330 million) to upgrade physical
security at Parliament House,[4] and
- additional funding ($500 000) to enhance the capacity of
the Parliamentary Library to assist non-Government parties in
developing policies in the lead up to Federal elections.[5] This is an innovative
development, stemming from the Operation Sunlight reforms. As part
of Operation Sunlight, the Minister for Finance proposed more open
and transparent budgetary reforms to better improve the information
provided to the Parliament.[6] The Government has now proposed that the Parliamentary
Library be provided further funding to enhance its capacity to
assist non-government parties in developing policies in the lead up
to Federal elections. To cover the next two federal elections, an
extra $500 000 has been allocated to the Department of
Parliamentary Services for this work—firstly in
2010–2011, and again in 2013–14.
Otherwise, there were no significant changes to the operating
budgets for the three Parliamentary Departments.[7]
Clause 4 provides that the Portfolio Budget
Statements (PBS) may be used to interpret provisions of the Bill
where necessary under section 15AB of the Acts Interpretation
Act 1901.
Clause 6 states that the total appropriation
for the Parliamentary Departments is
$222.098 million. Schedule 1 to the Bill details
the appropriations for each Parliamentary Department, a summary of
which is reproduced in Table 1 in this Digest. The total
appropriation includes payments for departmental items
(clause 7), administered items (clause
8), administered assets and liabilities items
(clause 9) and other departmental items
(clause 10).[8]
Clause 11 provides that the responsible
Presiding Officer may request the Finance Minister to make a
written determination to reduce the appropriation for an item in
the budget of a Parliamentary Department by an amount specified in
the determination. Subclause 11(7) provides that
any such determination by the Finance Minister may be disallowed by
either House of Parliament in accordance with the provisions of
section 42 of the Legislative Instruments Act 2003.
Clause 12 allows for the reduction in the
appropriation for administered items. Under this provision, if the
relevant Parliamentary Departmental annual report specifies that
the amount required for the item is less than that originally
anticipated, the appropriation is taken to have been reduced to the
lesser amount.
Clause 13 deals
with increases (‘advances’) to appropriations due to
unforseen and urgent circumstances. These advances are made via
determinations by the responsible Presiding Officer. The maximum
advance under clause 13 is a total of $300 000 for each of the
chamber departments, and a total of $1 million for the Department
of Parliamentary Services. These amounts are the same as those
contained in the equivalent 2009–2010 Appropriation Act.
Determinations under clause 13 are legislative
instruments, but not subject to disallowance (subclause
13(6)).
Clause 14 lists
certain determinations previously made under appropriation Acts,
which shall not be rescinded, revoked, amended or varied on or
after 1 July 2010.
Clause 16
appropriates funds from the Consolidated Revenue Fund as necessary
for the purposes of the Act, including the operation of the Act as
affected by the Financial Management and Accountability Act
1997 (FMA Act), in particular sections 30 to 32 of
the FMA Act.
Members, Senators and Parliamentary staff can obtain further
information from the Parliamentary Library on (02) 6277 2438.
[7]. The
Department of Parliamentary Services Portfolio Budget Statements
(PBS) states:
‘Increases in funding for normal
DPS operations will be below CPI increases, and various cost
reduction actions will be required.’ Ibid., p. 10.
The Department of the House of
Representatives PBS states:
‘The Department’s operational
budget has declined in real terms over time, as input costs have
exceeded the revenue received from government.’ Australian
Government, Portfolio budget statements 2010-11: budget related
paper no. 1.19A: Department of the House of Representatives,
Commonwealth of Australia, Canberra, 2010, p. 21, viewed 19 May
2010, http://www.aph.gov.au/house/dept/pbs2010/DHR_PBS_2010-11.pdf.
The Department of the Senate PBS
states:
‘There were no major changes, variations or initiatives
in relation to the departmental appropriation for the 2010-11
financial year.’ Australian Government, Portfolio budget
statements 2010-11: budget related paper no. 1.19:
Department of the Senate, Commonwealth of Australia,
Canberra, 2010, p. 12, viewed 19 May 2010,
http://www.aph.gov.au/Senate/dept/pbs2010-11/2010-2011_Senate_PBS.pdf.
Mary Anne Neilsen
21 May 2010
Bills Digest Service
Parliamentary Library
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