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Appropriation Act 2012-2013

REPUBLIC OF NAURU
Appropriation Act 2012-2013

Act No. 8 of 2012

Table of Provisions

1 Short title
2 Commencement and expiry
3 Definitions
4 Withdrawal of funds from the Treasury Fund
5 Credit of reimbursed funds to the Treasury Fund
6 Authorisation to withdraw funds for reimbursement
Schedule

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An Act to provide for the withdrawal and expenditure of funds from the Treasury Fund to meet the expenditure of the Republic for the financial year ending on 30 June 2013

Certified on 13 July 2012

Enacted by the Parliament of Nauru as follows:

1 Short title

This Act may be cited as the Appropriation Act 2012-2013.

2 Commencement and expiry

(1) This Act is deemed to have commenced on 1 July 2012.

(2) This Act ceases to have effect on 30 June 2013.

3 Definitions

In this Act:

'natural account' means a sub-division of expenditure listed in the estimates of expenditure for the financial year ending on 30 June 2013.

4 Withdrawal of funds from the Treasury Fund

(1) An amount not exceeding $57,101,604 may be withdrawn from the Treasury Fund and expended as authorised in the Schedule.

(2) The amounts in the Schedule are in substitution for and not in addition to the amounts authorised for withdrawal under the Supply Act 2012.

5 Credit of reimbursed funds to the Treasury Fund

(1) Reimbursed funds may be credited to the natural account against which they were originally expended.

(2) For section 4, the crediting of reimbursed funds to a natural account under subsection (1) cancels the original withdrawal and expenditure of those funds.

(3) Reimbursed funds credited to a natural account under subsection (1) may be withdrawn and expended as authorised in the Schedule.

(4) Reimbursed funds that are not credited to the natural account against which they were originally expended must be recorded as a receipt of revenue.

(5) In this section, 'reimbursed funds' means any funds withdrawn from the Treasury Fund and expended as authorised in the Schedule that are later wholly or partly reimbursed to the Treasury Fund during the financial year ending 30 June 2013.

6 Authorisation to withdraw funds for reimbursement

(1) Where:

(a) a person has paid to the Republic a fee or charge; and

(b) there is a legitimate reason for the person to be reimbursed in whole or in part for the fee or charge,

the amount to be reimbursed may be withdrawn from the Treasury Fund.

(2) For subsection (1), 'legitimate reason' includes:

(a) the fee or charge having been imposed or paid in error;

(b) the person having withdrawn the application in respect of which the fee or charge had been paid; and

(c) subject to any applicable law, the Republic having been unable to provide to the person within a reasonable time the good, service, licence or other thing in respect of which the fee or charge had been paid.

Schedule

Section 4