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An Australian Republic - Thinking About the Drafting...

Extracts from the "Four Precedents", Topic 3:
Control of government spending by the legislature


This is one of the supplementary pages to Thinking About the Drafting. The purpose of these pages is explained in Four Precedents - Introduction.

Austria

Article 51 [Budget]

(1) At the latest ten weeks before expiry of the fiscal year the Federal Government shall submit to the House of Representatives an estimate of the revenue and expenditure of the Federation for the ensuing fiscal year. Its contents may not be made public before the beginning of the deliberations in the House of Representatives.

(2) Federal expenditure not earmarked in the Federal Finance Act or by a special law requires before its execution constitutional sanction by the House of Representatives which shall be obtained by the Federal Minister of Finance. Should delay be dangerous, such federal expenditure, in so far as it does not exceed 1,000,000.- Schilling, can be undertaken with the consent of the Main Committee of the House of Representatives; the sanction of the House of Representatives shall subsequently be requested.

(3) If the draft Federal Budget submitted by the Federal Government in due time (Paragraph (1)) to the House of Representatives is not constitutionally sanctioned before expiry of the fiscal year and by that date no temporary provision has been made by federal law, then, during the first two months of the ensuing fiscal year, the taxes, levies, and imposts revenue shall be collected in accordance with the existing regulations and federal expenditure shall be defrayed to the account of the appropriations to be laid down by law, with the exception of expenditure of a kind not specially earmarked in the last Federal Finance Act. The ceiling of the admissible federal expenditure is formed by the expenditure appropriations contained in the draft Federal Budget submitted to the House of Representatives, and one twelfth of these appropriations shall serve as the foundation for each month's expenditure. The expenditure requisite to the fulfillment of legal liabilities shall be defrayed in accordance with maturity. The filling of official appointments likewise ensues on the basis of the draft Federal Finance Act submitted to the House of Representatives. In other respects, the provision of the last Federal Finance Act, in so far as they do not concern figures relating to the administration of public funds remain analogously in force for the above-mentioned two months.

Iceland

Article 40

No tax may be imposed, altered or abolished except by law. Nor may loans, indebting the State, be taken or any real estate belonging to the State or the use thereof sold or in any other way disposed of, except by authority in law.

Article 41

No disbursement may be made unless authorized in the budget or the supplementary budget.

Ireland

ARTICLE 11

All revenues of the State from whatever source arising shall, subject to such exception as may be provided by law, form one fund, and shall be appropriated for the purposes and in the manner and subject to the charges and liabilities determined and imposed by law.

Portugal

Article 105
Budget

1. The State Budget shall include:
a. A breakdown of the revenue and expenditure of the State, including the revenue and expenditure of autonomous funds and services;
b. The social security budget.

2. The Budget shall be drawn up in accordance with the main options with regard to planning and shall take into account statutory and contractual liabilities.

3. The Budget shall be in unitary form and shall specify expenditure by reference to the relevant organic or functional classification, so as to preclude the existence of secret appropriations and funds; it may also be structured by reference to programmes.

4. The Budget shall make provision for the supply of funds necessary to meet expenditure; the law shall lay down the rules for giving effect to the Budget, the conditions for raising public loans, and the criteria under which adjustments may be introduced by the Government, while giving effect to the Budget, to the heads of the organic classification, within the general ambit of each budgetary programme approved by the Assembly of the Republic, in order to secure its full implementation.

Article 106
Preparation of the Budget

1. The Budget law shall be prepared, structured, enacted and implemented annually as prescribed by the framework law, which shall also make provision for the rules with respect to the preparation and implementation of the budgets of autonomous funds and services.

2. The Budget shall be tabled in draft and submitted to a vote within the time limits prescribed by law, which shall provide with respect to the procedure to be followed if those limits cannot be met.

3. The draft Budget shall be accompanied by reports on:
a. The predicted trends in the principal macro-economic indicators that have a bearing on the Budget, and in the money supply and related sources;
b. The reasons for differences in anticipated revenue and expenditure in comparison with the previous Budget;
c. The public debt, treasury transactions and the Treasury accounts;
d. The position with respect to autonomous funds and services;
e. Budgetary allocations of funds in favour of the autonomous regions and local authorities;
f. Transfers of funds between Portugal and the outside world that have a bearing on the Budget;
g. Fiscal privileges and the consequential loss in revenue that is predicted.

Article 107
Monitoring

Implementation of the Budget shall be the subject of review by the Court of Audit and the Assembly of the Republic; having received the opinion of that Court, the Assembly shall scrutinise and approve the General Accounts of the State, including the social security accounts.
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Compiled by John Pyke, with a little help from DiDa!. Posted 24th December 2003.