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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2590 ..


Australian Capital Territory

Attorney General's Department

Constitutional and Law Reform Branch

SUBJECT: APPROPRIATION BILL 1995 - ABILITY OF A MEMBER

TO AMEND THE BILL

LEGAL OPINION

Question and Short Answer

Q. Is it possible for a member, who is not a Minister, to move an amendment to the Appropriation Bill 1995 that would have the effect of transferring funds from the Treasurer's advance to one of the education appropriation units?

A. Our view is that it would not be possible for a member, who is not a Minister, to move an amendment to the Appropriation Bill 1995 that would have the effect of transferring funds from the Treasurer's advance to one of the education appropriation units

The Appropriation Bill 1995

Before considering the questions stated above, it is necessary to first discuss the scheme of the Appropriation Bill 1995. The Bill, at clause 4, enables the Treasurer to issue a certain sum out of the Consolidated Revenue Fund and apply it in respect of services provided in the financial year by the appropriation units specified in the Schedule. Part I of the Schedule lists 25 'appropriation units'. I have spoken with the Office of Financial Management and was advised that the term 'appropriation units' was created in an effort to satisfy Government policy with regard to specific allocations of appropriations to take place at certain levels. Part II of the Schedule is entitled 'Detailed Appropriations' and not only provides a breakdown in respect of the appropriation units but also groups appropriation units, for the most part, under 'administrative units' as established under section 13 of the Public Sector Management Act 1994.

2. The use of the term 'appropriation units' is not defined, and is not entirely clear. In the past, appropriations have been made to 'programs' and even though 'program' was not defined, it was clear that the term was being accorded its ordinary meaning. 'Program' is defined in The Macquarie


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