26A Transfer of resources between output expense appropriations


The Governor-General may, by Order in Council, direct that an amount appropriated for an output expense appropriation in a Vote be transferred, without further appropriation than this section, to another output expense appropriation in that Vote if—


the amount transferred does not increase that appropriation for a financial year by more than 5%; and


no other transfer under this section to that appropriation has occurred during that financial year; and


the total amount appropriated for that financial year for all output expense appropriations in that Vote is unaltered.


A clause that confirms the making of an Order in Council under subsection (1) in a financial year must be included in an Appropriation Bill that applies to that financial year.


Subsection (2) does not limit the validity of an Order in Council made under subsection (1) or the validity of any transfer made under that Order in Council.


In this section, output expense appropriation means—


an appropriation for 1 category of output expenses:


a multi-category appropriation that includes only categories of output expenses.


An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 26A: substituted, on 25 January 2005, by section 7 of the Public Finance Amendment Act 2004 (2004 No 113).

Section 26A(4): inserted, on 8 September 2018, by section 83 of the Statutes Amendment Act 2018 (2018 No 27).

Section 26A(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).