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Legislative Assembly for the ACT: 1995 Week 9 Hansard (23 November) . . Page.. 2596 ..

POWER OF THE ACT LEGISLATIVE ASSEMBLY TO AMEND

A BUDGET

OPINION

1. I am asked to advise on the powers of the ACT Legislative Assembly to amend the budget, in particular whether certain appropriation units may be increased by transferring funds from the Treasurers Advance.

2. My short answer is that, while the Assembly has the power to reject the budget, and the power to amend appropriation units so as to reduce the amount of money appropriated, it may not increase an appropriation unit, even if this increase is offset by a corresponding reduction in another appropriation unit.

Reasons

3. The budget for the Australian Capital Territory is contained in the annual appropriation bill. For the present year this is the Appropriation Bill 1995-6. The Bill provides for the issue and application of $1,343,690,900 out of the Consolidated Revenue Fund to be applied in respect of services provided in the financial year by the appropriation units specified in the Schedule (s 4). The Schedule, "Appropriations" lists 25 Appropriation Units, which correspond to the services provided by the Executive Government of the Territory, together with the Treasurers Advance.

4. The law concerning the passage and alteration of an Appropriation bill is to be found in the Self Government Act 1988 of the Commonwealth, and in the practice and procedure of the Assembly and the Parliament of the Commonwealth. It is based on the premise that under the Australian tradition of responsible parliamentary government, it is for the executive

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