Bills Digest No.
31, 2022–23
PDF version [392KB]
Dinty Mather
Economic Policy Section
7
November 2022
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Key points
The purpose of the three Appropriation Bills is to release money from the Consolidated Revenue Fund only for March 2022 Budget measures endorsed by the new Government, 2022 election commitments, and other decisions taken by the Government in the October 2022 Budget. In this regard:
- Appropriation Bill (No. 1) 2022–23 seeks to appropriate from the Consolidated Revenue Fund $10.0 billion for the ordinary services of Government
- Appropriation Bill (No. 2) 2022–23 seeks to appropriate from the Consolidated Revenue Fund $3.6 billion for the other services of Government
- Appropriation (Parliamentary Services) Bill (No. 1) 2022–23 seeks to appropriate from the Consolidated Revenue Fund $19.2 million for the Department of Parliamentary Services.
Note: annual funding for the normal running of Government during 2022–23 has been released by a series of Supply Acts. By convention Supply Bills do not include funding for new budget measures.
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Contents
Purpose of the Bills
Structure of the Bills
Background
Committee consideration
Statement of Compatibility with Human
Rights
Key issues and provisions
Date introduced: 25
October 2022
House: House of
Representatives
Portfolio: Finance
Commencement: The
day of Royal Assent
Links: The links to the Appropriation
Bill (No. 1) 2022-2023, the Appropriation
Bill (No. 2) 2022-2023 and the Appropriation
(Parliamentary Departments) Bill (No. 1) 2022-2023, their Explanatory
Memoranda and second reading speeches can be found on the relevant Bill home
pages, or through the Australian
Parliament website.
When Bills have been passed and have received Royal Assent,
they become Acts, which can be found at the Federal Register of Legislation
website.
All hyperlinks in this Bills Digest are correct as
at November 2022.
Purpose of
the Bills
The purpose of the three
Appropriation Bills is to release money from the Consolidated Revenue Fund
(CRF) only for those March 2022 Budget measures that have been endorsed by the new Government, 2022 election
commitments, and other decisions taken by the
Government in the October 2022 Budget. Annual funding for the normal
running of Government during 2022–23 has been released by a series of Supply Acts.
Appropriation
Bill (No. 1) 2022–23
The purpose of the Appropriation
Bill (No. 1) 2022–23 (the No. 1 Bill) is to seek an appropriation from the
CRF of $10,026,740,000[1]
($10.0 billion) for the ordinary services of Government but only for March 2022 Budget measures endorsed
by the new Government, 2022 election commitments, and other decisions taken by
the Government in the October 2022 Budget. The Supply Act (No. 1)
2022–23 and the Supply Act (No. 3) 2022–23 have provided
funding for all other ordinary services of Government for the financial year
2022–23 that are not included in the No. 1 Bill.
Of the appropriation sought in the No. 1 Bill:
- $3,735,092,000
($3.7 billion) is for the departmental activities of government entities[2]
- $6,291,648,000
($6.3 billion) is for the activities that government entities administer on
behalf of the Commonwealth Government.[3]
Appropriation Bill (No. 2) 2022–23
The purpose of the Appropriation
Bill (No. 2) 2022–23 (the No. 2 Bill) is to seek an appropriation from the
CRF of $3,584,263,000[4]
($3.6 billion) for the other services of Government but only for March 2022
Budget measures endorsed by the new Government , 2022 election commitments, and
other decisions taken by the Government in the October 2022 Budget. The Supply Act (No. 2)
2022–23 and the Supply Act (No. 4) 2022–23 have provided
funding for all other services of Government for the financial year 2022–23
that are not included in the No. 2 Bill.
Of the appropriation sought in the
No. 2 Bill:
- $300,088,000
($0.3 billion) for payments to states, ACT and NT and local governments[5]
- $3,284,175,000
($3.3 billion) for non-operating activities.[6]
Appropriation (Parliamentary Departments) Bill (No. 1)
The purpose of the Appropriation
(Parliamentary Departments) Bill (No. 1) 2022–23 (the Parliamentary Departments Bill) is to seek an
appropriation from the CRF of $19,186,000[7]
($19.2 million) for the Parliamentary Departments but only for decisions taken
by the Government in the October 2022 Budget. The Supply
(Parliamentary Departments) Act (No. 1) 2022–23 and the Supply (Parliamentary Departments) Act (No. 2) 2022–23
have provided funding for all other Parliamentary department services for the
financial year 2022–23 that are not included in the Parliamentary Departments
Bill.
The entire appropriation sought in the Parliamentary
Departments Bill is for the Department of Parliamentary Services and comprises:
- $8,210,000
($8.2 million) for departmental activities[8]
- $496,000
($0.5 million) for administered activities[9]
- $10,480,000
($10.5 million) for non-operating activities.[10]
Structure
of the Bills
Part 1 of each Bill deals with preliminary matters,
including when the Acts commence, and how to interpret the Acts.
Part 2 of each Bill outlines the quantum and types
of appropriation from the CRF.
Part 3 of the No. 1 Bill and No. 2 Bill provides
for an Advance to the Finance Minister (AFM).
Part 4 of the No. 1 Bill
and No. 2 Bill, and Part 3 of the Parliamentary Departments Bill deal with
technical matters including crediting amounts to special accounts, the formal
appropriation of moneys from the CRF, and the automatic repeal of the
subsequent Acts.
Schedule 1 of the No. 2 Bill nominates the
Ministers who are able to impose conditions on grants of financial assistance
to the states and territories proposed in that Bill.
Schedule 1 of the No. 1 Bill and the Parliamentary
Departments Bill and Schedule 2 of the No. 2 Bill contain the details of
the amounts and types of appropriation to be made to each entity.
Background
An appropriation is the legal release of money from the
CRF.[11]
Appropriation Acts, however, do not create a source of power for the
Commonwealth to spend money; they merely release that money from the CRF. The
Commonwealth’s power to spend money must be found in other parts of the Australian
Constitution.[12]
Under the terms of the Constitution, there are
certain unique requirements that a Bill proposing to appropriate monies from
the CRF must satisfy.
Constitutional requirements
Section 81 of the Constitution provides:
All revenues or moneys raised or received by the Executive
Government of the Commonwealth shall form one Consolidated Revenue Fund, to be
appropriated for the purposes of the Commonwealth …[13]
Section 83 of the Constitution provides that no
money may be withdrawn from the CRF ‘except under appropriation made by law’.
The effect of these two sections is that all money received by the Commonwealth
must be paid into the CRF and must not be spent before there is an
appropriation authorising specific expenditure.
There are two main types of Acts containing
appropriations:
- annual
Appropriation Acts are those that provide limited funding to Commonwealth
entities, such as Departments, to undertake ongoing government activities in a
specific year. These appropriations are limited to the amount set out in each
Appropriation Act[14]
- Acts
that include special appropriations provide authority to spend money for
specific purposes (for example, to finance particular projects or provide
social security payments). The authority and criteria to appropriate are not
set out in the annual Appropriation Acts, but rather Acts that authorise
Government to expend money from the CRF for specified purposes, for example,
the Social
Security (Administration Act) 1999.[15]
Powers of the House of Representative to appropriate
Section 53 of the Constitution provides that laws
appropriating money may not originate in the Senate. Further, under section 56
of the Constitution, all proposed laws for the appropriation of money
may only be passed following a recommendation by the Governor-General. By
convention the Governor-General acts only upon the advice of the Executive so,
in practice, section 56 prevents non-government members of the House of
Representatives introducing Bills that would propose to appropriate money from
the CRF.[16]
Powers of the Senate to amend
The Senate may not amend proposed laws appropriating
revenue or money for the ordinary annual services of the Government. The Senate
may, however, return to the House of Representatives any such proposed laws requesting,
by message, the omission or amendment of any items or provisions.[17]
The Senate may amend proposed laws appropriating revenue
or money for purposes other than for the ordinary annual services of the
Government, as long as it does not ‘increase any proposed charge or burden on
the people’.[18]
Conceivably, the Senate could amend an Appropriation Bill for the other
services of Government to, for example, redirect the proposed appropriation to
another purpose, or reduce the proposed appropriation to nil. The Senate may
also request that, if new measures are included in a Bill for the ‘ordinary
annual services of Government’, the Bill be returned to the House with a
message requesting those new measures be omitted from the Bill.
The ‘ordinary annual services of government’ versus the
‘other’ services of government
Section 54 of the Constitution requires a separate
law appropriating funds for the ‘ordinary annual services of government’, and
that other matters must not be dealt with in the same Bill. However, what
constitutes the ‘ordinary annual services of the Government’ and ‘other’
services of the Government is not defined in the Constitution.
A working distinction between ordinary and other annual
services was agreed in a ‘Compact’ between the Senate and the Government in
1965.[19]
Several amendments have been made to the Compact since 1965 and, in 2010, the
Senate Standing Committee on Appropriations and Staffing recommended the Senate
restate the Compact in a consolidated form.[20]
On 22 June 2010, the Senate resolved as follows:
(1) To
reaffirm its constitutional right to amend proposed laws appropriating revenue
or moneys for expenditure on all matters not involving the ordinary annual
services of the Government.
(2) That appropriations for expenditure on:
(a) the construction of public works and
buildings;
(b) the acquisition of sites and buildings;
(c) items
of plant and equipment which are clearly definable as capital expenditure (but
not including the acquisition of computers or the fitting out of buildings);
(d) grants to the states under section 96 of
the Constitution;
(e) new policies not previously authorised by
special legislation;
(f) items regarded as equity injections and
loans; and
(g) existing asset replacement (which is to be regarded
as depreciation),
are not appropriations for the ordinary annual services of
the Government and that proposed laws for the appropriation of revenue or
moneys for expenditure on the said matters shall be presented to the Senate in
a separate appropriation bill subject to amendment by the Senate.
(3) That, in respect of payments to international
organisations:
(a) the
initial payment in effect represents a new policy decision and therefore should
be in Appropriation Bill (No. 2); and
(b) subsequent payments
represent a continuing government activity of supporting the international
organisation and therefore represent an ordinary annual service and should be
in Appropriation Bill (No. 1).
(4) That all appropriation
items for continuing activities for which appropriations have been made in the
past be regarded as part of ordinary annual services.[21]
Adherence to the Compact has not always been strict, and
the High Court has held that any disagreements between the Houses on such Bills
are not justiciable.[22]
Any disputes are to be determined between the Houses themselves.
Departmental and administered expenses
Australian Accounting Standard 1050 Administered Items
requires that government agencies distinguish between revenues and expenses
that they administer for the Government, and those over which they have some
control.[23]
Generally, administered expenses are the costs of programs that agencies run
for the Government, while departmental expenses are the costs incurred in
running agencies.[24]
Appropriation Bills, therefore, distinguish between
‘administered’ expenses and ‘departmental’ expenses. An administered
appropriation may be used only for the program or outcome that it is
appropriated for, while a departmental appropriation may be moved between different
departmental activities.[25]
Outcomes and programs
While the level of detail necessary for an Appropriation
Act to be valid is generally low,[26]
in the Pharmaceutical Benefits case the High Court held:
… there cannot be appropriations in blank, appropriations for
no designated purpose, merely authorising expenditure ...[27]
The Appropriation Bills must, therefore, also describe—in
general terms—what the moneys are to be utilised for. The Bills use four
methods for describing the purposes of the proposed appropriations.
Appropriations for ‘outcomes’ of non-corporate
Commonwealth entities
For non-corporate Commonwealth entities, the purposes of
operating appropriations (both departmental and administered) are specified
with reference to the ‘outcomes’ of those entities. The Department of Finance
explains ‘outcome statements’ in the following terms:
An outcome statement articulates the intended results,
activities and target group of an Australian Government entity. An outcome
statement serves three main purposes within the financial framework:
-
to explain and control the
purposes for which annual appropriations are approved by the Parliament for use
by entities
-
to provide a basis for annual
budgeting, including (financial) reporting against the use of appropriated
funds to measure and assess entity and program non‐financial performance
in contributing to Government policy objectives.[28]
Appropriations for corporate Commonwealth entities
As corporate Commonwealth entities are legally distinct
from the Commonwealth itself, money cannot be appropriated directly to those
entities.[29]
Instead, amounts are appropriated to relevant Departments for on-payment to
corporate Commonwealth entities within Departments’ portfolios.
Non-operating appropriations
Non-operating appropriations are amounts designated for
the capital needs of entities. Typically, these amounts are equity injections
into entities, or money for the purchase or development of the assets of
entities. Under the Compact, they can only ever be proposed in a Bill dealing
with the ‘other’ annual services of Government.
Appropriations for payments to the states
Under section 96 of the Constitution, the
Commonwealth may make payments to the states with or without conditions, and
amounts intended for payments to the states are identified separately. Again,
because of the Compact, amounts to the states can only ever be proposed in a
Bill dealing with the ‘other’ annual services of Government. Amounts to the
Australian Capital Territory and the Northern Territory are also included with
the amounts for the states.
Advances to the Finance Minister
The Advance to the Finance Minister is an appropriation of
money without any particular outcome or purpose specified.
The Finance Minister may use the amount appropriated as an
advance to modify the schedule to the Appropriation Act, but only where:
… the Finance Minister is satisfied that there is an urgent
need for expenditure, in the current year, that is not provided for, or is
insufficiently provided for, […]:
(a) because of an erroneous omission or understatement; or
(b) because
the expenditure was unforeseen until after the last day on which it was
practicable to provide for it in the Bill for this Act before that Bill was
introduced into the House of Representatives.[30]
The amount of appropriation allocated
to the Advance to the Finance Minister in Bill No. 1 is $400 million for
any purpose and $2,000 million to make provisions for circumstances relating to
COVID–19, a natural disaster, and/or a national emergency.[31]
A further amount of appropriation allocated to the Advance
to the Finance Minister in Bill No. 2 is $600 million for any purpose and $3,000
million to make provisions for circumstances relating to COVID–19, a natural
disaster, and/or a national emergency.[32]
There are no amounts of appropriation for Advances to the
Presiding Officers of the Parliament in the Parliamentary Departments Bill.
Supply Bills
‘Supply’ is not mentioned in the Constitution.
Section 54 of the Constitution, however, establishes that there shall be
at least annual Appropriation Bills that propose appropriation for ‘the
ordinary annual services of the Government.’ Securing the passage of annual
Appropriation Bills affords the Government the necessary ‘supply’ of monies required
to fund its core activities.[33]
If the main Appropriation Bills are unlikely to pass in
time for the new financial year, for example where an election interrupts the
normal Budget cycle, then Parliament may pass Supply Bills.
Supply Bills are appropriation Bills that propose
appropriations for interim funding [from the CRF] …[34]
The Supply Bills normally appropriate money for part of
the year and by convention do not include funding for new budget measures. In
relation to Supply Bill (No. 1) 2019-2020 Special Minister of State, Alex Hawke
stated:
I wish to emphasise that this Bill seeks provision only to
fund government expenditure on an interim basis until budget appropriation
Bills have passed. Consistent with convention, the Supply Bills do not include
funding for budget measures.
This arrangement allows for Appropriation Bill (No. 1)
2019-2020, or a similar bill, to be passed by the next parliament, if
necessary.[35]
Committee
consideration
Senate Standing Committee for the Scrutiny of Bills
At the time of writing the Senate Standing Committee for
the Scrutiny of Bills (the Scrutiny Committee) had not considered the three
Appropriation Bills.
Usually, if the Committee makes comments, these largely
deal with new measures that are inappropriately classified as ordinary annual
services of Government. The reason for this, as previously explained, is that
section 53 of the Constitution only allows the Senate to amend proposed
laws appropriating revenue for purposes other than for the ordinary annual services
of the Government, as long as it does not ‘increase any proposed charge or
burden on the people’.[36]
Statement of Compatibility with Human Rights
As required under Part 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011 (Cth), the Government has assessed the
Bills’ compatibility with the human rights and freedoms recognised or declared
in the international instruments listed in section 3 of that Act. The
Government considers that the Bills are compatible.[37]
Parliamentary Joint Committee on Human Rights
The Parliamentary Joint Committee on Human Rights (PJCHR) normally
considers the Appropriation Bills in its Scrutiny Digest, however, at the time
of writing the Committee had not considered the Appropriation Bills.
However, the PJCHR has repeatedly raised concerns about
whether or not the allocation of funding proposed in Appropriation Bills might
engage human rights considerations; particularly given the capacity for
Appropriation Bills to give effect to a reduction in funding for programs that
might be aimed at the realisation of human rights.[38]
The PJCHR has previously recommended that statements of
compatibility for Appropriation Bills should contain an assessment of overall
trends in the realisation of economic, social, and cultural rights including
any retrogressive measures, the impact of Budget measures on vulnerable groups
and key individual Budget measures which engage human rights, including a brief
assessment of their human rights compatibility.[39]
Key issues and provisions
No. 1 Bill
Clauses 6–9 of the No. 1 Bill outline the quantum
and types of appropriation from the CRF.
Clause 10 of the No. 1 Bill establishes the Advance
to the Finance Minister of $2.4 billion for 2022–2023.
Clauses 11–13 of the No. 1 Bill provide for several
technical matters, including details relating to
special accounts and formally appropriating the
amounts required from the CRF.
Schedule 1 of the No. 1 Bill provides details about
the appropriations to both non-corporate entities and to corporate entities as
defined by the PGPA Act.
Table 1 below sets out in summary form the amount of
appropriations in Schedule 1 to the No. 1 Bill. These
amounts do not include the annual amounts appropriated under the Supply Act
(No. 1) 2022–23 and the Supply Act (No. 3) 2022–23. They only
display amounts that Bill No. 1 seeks to appropriate in 2022–23 for the
ordinary services of Government and only for those March 2022 Budget measures
endorsed by the new Government, 2022 election commitments, and other decisions
taken by the Government in the October 2022 Budget.
Table 1: Total appropriation
for No. 1 Bill 2022–23
| Portfolio |
Total |
|
$'000 |
| Agriculture, Fisheries and Forestry |
95,184 |
| Attorney‑General's |
237,162 |
| Climate Change, Energy, the Environment and Water |
734,090 |
| Defence |
647,416 |
| Education |
264,668 |
| Employment and Workplace Relations |
397,239 |
| Finance |
108,738 |
| Foreign Affairs and Trade |
418,204 |
| Health and Aged Care |
3,523,488 |
| Home Affairs |
387,778 |
| Industry, Science and Resources |
689,686 |
| Infrastructure, Transport, Regional Development,
Communications and the Arts |
351,686 |
| Prime Minister and Cabinet |
439,584 |
| Social Services |
1,370,070 |
| Treasury |
361,747 |
| Total |
10,026,740 |
Source: Appropriation
Bill (No. 1) 2022–2023, Schedule 1, abstract.
No. 2 Bill
Clauses 6–11 of the No. 2 Bill outline the quantum
and types of appropriation from the CRF.
Clause 12 of the No. 2 Bill establishes the Advance
to the Finance Minister of $3.6 billion for 2022–2023.
The money in the No. 2 Bill is appropriated to
incorporated and non-incorporated Government entities according to Schedule
2 of that Bill as either:
- grants
to the states, territories, and local governments (see also clause 14
below)
- new
administered programs or
- non-operating
(or ‘capital’) appropriations.
These three types of appropriations cannot be included in
the No. 1 Bill as they do not relate to the ‘ordinary annual services of
Government’.
Clause 13 of the No. 2 Bill details issues relating
to special accounts.
Clause 14 of the No. 2 Bill provides conditions
relating to state, territory and local government items.
Clauses 15 and 16 of the No. 2 Bill provide
for formally appropriating the amounts required from the CRF and the repeal of
the Act.
Table 2 below sets out in summary form, the amount of
appropriations in Schedule 2 to the No. 2 Bill. These amounts do not
include the annual amounts appropriated under the Supply Act (No. 2)
2022–23 and the Supply Act (No. 4) 2022–23. They only display amounts
that Bill No. 2 seeks to appropriate in 2022–23 for the other services of
Government and only March 2022 Budget measures endorsed by the new Government,
2022 election commitments, and other decisions taken by the Government in the
October 2022 Budget.
Table 2: Total appropriation for No. 1 Bill 2022–23
| Portfolio |
Total |
|
$'000 |
| Agriculture, Fisheries and Forestry |
160 |
| Attorney‑General's |
53,734 |
| Climate Change, Energy, the Environment and Water |
562,345 |
| Defence |
597,650 |
| Education |
300,088 |
| Employment and Workplace Relations |
26,367 |
| Finance |
942 |
| Foreign Affairs and Trade |
22,994 |
| Health and Aged Care |
1,061,171 |
| Home Affairs |
28,767 |
| Industry, Science and Resources |
94,737 |
| Infrastructure, Transport, Regional Development,
Communications and the Arts |
794,126 |
| Prime Minister and Cabinet |
144 |
| Social Services |
29,372 |
| Treasury |
11,666 |
| Total |
3,584,263 |
Source: Appropriation
Bill (No. 2) 2022–2023, Schedule 2, abstract.
Parliamentary Departments Bill
Clauses 6–10 of the Parliamentary Departments Bill
outline the quantum and types of appropriation from the consolidated revenue
fund. The 2022–23 Parliamentary Departments Bill only appropriates money for
the Department of Parliamentary Services. The annual appropriations for the
Department of the Senate, the Department of the House of Representatives, and
the Parliamentary Budget Office have been resourced under the Supply
(Parliamentary Departments) Act (No. 1) 2022–23 and the Supply
(Parliamentary Departments) Act (No. 2) 2022–23.
Clauses 11–13 of the Parliamentary Departments Bill
provide for several technical matters, including details relating to special
accounts, formally appropriating the amounts required from the CRF, and the
repeal of the Act at the start of 1 July 2025.
Schedule 1 sets out an appropriation of $19,186,000
for the Department of Parliamentary Services.
[1]. Appropriation
Bill (No. 1) 2022–23, clause 6.
[2]. Appropriation
Bill (No. 1) 2022–23, Schedule 1, Summary of appropriations.
[3]. Appropriation
Bill (No. 1) 2022–23.
[4]. Appropriation
Bill (No. 2) 2022–23, clause 6.
[5]. Appropriation
Bill (No. 2) 2022–23, Schedule 1, Summary of appropriations.
[6]. Appropriation
Bill (No. 2) 2022–23.
[7]. Appropriation
(Parliamentary Departments) Bill (No. 1) 2022–23, clause 6.
[8]. Appropriation
(Parliamentary Departments) Bill (No. 1) 2022–23, Schedule 1, Summary of
appropriations.
[9]. Appropriation
(Parliamentary Departments) Bill (No. 1) 2022–23.
[10]. Appropriation
(Parliamentary Departments) Bill (No. 1) 2022–23.
[11]. ‘Guide
to Appropriations (RMG 100)’, Department of Finance (DoF).
[12]. Pape v Commissioner of Taxation [2009]
HCA 23, (2009) 238 CLR 1.
[13]. Commonwealth of
Australia Constitution Act (the Constitution), section 81.
[14]. ‘Guide
to Appropriations (RMG 100)’, DoF.
[15]. See
sections 123ZN and 242 of the Social Security
(Administration Act) 1999.
[16]. D.
Elder, ed, House
of Representatives Practice, 7th edn, (Canberra: House of
Representatives, 2018), 416.
[17]. The Constitution,
section 53.
[18]. The
Constitution, section 53.
[19]. R.
Laing, ed, Odgers'
Australian Senate Practice, 14th edn, (Canberra: The Senate, 2016), 386.
[20]. Senate
Appropriations and Staffing Committee, Ordinary
Annual Services of the Government: 50th Report, (Canberra: The Senate,
2010), 3.
[21]. Laing,
Odgers'
Australian Senate Practice, 387.
[22]. Osborne
v Commonwealth [1911]
HCA 19, (1911) 12 CLR 321 at 336.
[23]. Australian
Accounting Standards Board (AASB), Administered
items, AASB 1050, (Melbourne: AASB, December 2013).
[24]. ‘Guide
to Appropriations (RMG 100)’, DoF.
[25]. Combet
v Commonwealth [2005]
HCA 61, (2005) 224 CLR 494, at paragraph 123.
[26]. See
generally, Combet v Commonwealth [2005]
HCA 61.
[27]. Attorney-General
(Vic); Ex rel Dale v Commonwealth (Pharmaceutical Benefits case) [1945]
HCA 30, (1945) 71 CLR 237, per Latham CJ at 253.
[28]. DoF,
Guide
to preparing the 2022-23 Portfolio Budget Statements, (Canberra: DoF,
February 2022), 73.
[29]. Public Governance,
Performance and Accountability Act 2013 (Cth), section 11, Note.
[30]. Appropriation
Bill (No. 1) 2022–2023, subclause 10(1); Appropriation
Bill (No. 2) 2021–2022, subclause 12(1).
[31]. Appropriation
Bill (No. 1) 2022–2023, subclause 10(3).
[32]. Appropriation
Bill (No. 2) 2022–2023, subclause 12(3).
[33]. Daniel
Weight, ‘Supply
Bills—A Reprise’, FlagPost (blog), Parliamentary Library,
29 April 2015.
[34]. ‘Guide
to Appropriations (RMG 100)’, DoF.
[35]. Alex
Hawke (Special Minister of State), Second
Reading Speech: Supply Bill (No. 1) 2019-2020, House of Representatives, Debates,
2 April 2019, 1526.
[36]. The
Constitution, section 53.
[37]. The
Statement of Compatibility with Human Rights can be found at page 4 of the Explanatory
Memorandum to the Appropriation Bill (No. 1) 2022–23; at page 4 of the Explanatory
Memorandum to the Appropriation Bill (No. 2) 2022–23; page 4 of the Explanatory
Memorandum to the Appropriation (Parliamentary Departments) Bill (No. 1)
2022–23.
[38]. See
for example, Parliamentary Joint Committee on Human Rights (PJCHR), Human
Rights Scrutiny Report, 7, 2021, 16 June 2021, 11 – 15.
[39]. PJCHR,
Human
Rights Scrutiny Report.
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