Wheat Export Marketing Amendment Act 2012 (170 of 2012)

Schedule 2   Amendments relating to Wheat Exports Australia

Part 2   Transitional provisions

Division 4   Other transitional matters

36   Appropriation of money

(1) For the purposes of the operation of an Appropriation Act after the commencement time, references to WEA are to be read as references to the Department.

(2) If an amount (the Account balance ) stands to the credit of the Wheat Industry Special Account immediately after the commencement time, the Minister must, by writing, determine that one or more specified departmental items for the Department are to be increased by specified amounts.

(3) The sum of the amounts specified in the determination must equal:

(a) if the Account balance is not more than $500,000 - the Account balance; and

(b) otherwise - $500,000.

(4) In making the determination, the Minister must comply with any written directions given by the Finance Minister.

(5) If the Minister makes a determination under subitem (2):

(a) the sum of the amounts specified in the determination is debited from the Wheat Industry Special Account; and

(b) the departmental items specified in the determination are taken to be increased in accordance with the determination.

(6) Neither a determination made under subitem (2) nor a direction under subitem (4) is a legislative instrument.