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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Financial Management Bill 2006 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used in this Act 2 4. Relationship with other laws 5 5. Modified application of Act for certain purposes 5 6. Amendment of Schedule 1 by regulations 6 Part 2 -- Accounts Division 1 -- Public Ledger 7. Public Ledger 7 8. Consolidated Account 7 9. Treasurer's Advance Account 7 10. Treasurer's special purpose accounts 8 Division 2 -- Public Bank Account and other bank accounts 11. Public Bank Account 8 12. Application of Public Bank Account 9 13. Treasurer may authorise agencies to open and maintain bank accounts 9 14. Bank accounts not to be overdrawn unless approved by Treasurer 10 15. Restrictions on opening and maintaining certain bank accounts 10 Division 3 -- Agency special purpose accounts 16. Agency special purpose accounts 10 100--3 page i Financial Management Bill 2006 Contents Division 4 -- Administration of special purpose accounts 17. Special purpose statements and trust statements 11 18. Payments to and from special purpose accounts 11 19. Special purpose accounts not to be overdrawn unless approved by Treasurer 12 20. Transfer of excess amounts from special purpose accounts 12 21. Closure of special purpose accounts and transfer of service 13 22. Other laws not affected 13 Part 3 -- Funds management Division 1 -- Supply and appropriation 23. Appropriation of certain receipts 14 24. Payments before grant of supply 15 25. Transfers of appropriations 16 26. Transfers to suspense account 17 27. Expenditure in advance of appropriation 18 28. Authorised recoverable advances 18 29. Limits on expenditure 20 30. Unexpended appropriations to lapse 20 31. Payments from Public Bank Account Interest Earned Account 21 Division 2 -- Payments and transfers 32. Certain payments and transfers to be authorised 21 33. Payments charged to Consolidated Account 22 34. Deposit of money received 22 35. Money paid into Public Bank Account 22 36. Other money to be credited to special purpose accounts 22 Division 3 -- Investments 37. Investment by Treasurer 24 38. Proceeds of investment by Treasurer 24 39. Investment by agencies 25 Division 4 -- Annual estimates of statutory authorities 40. Accountable authorities of statutory authorities to prepare and submit annual estimates 27 page ii Financial Management Bill 2006 Contents Division 5 -- Resource agreements 41. Accountable authorities to submit draft resource agreements 28 42. Period to which resource agreements relate 28 43. Matters to be included in resource agreements 28 44. Resource agreements to be agreed if possible 28 45. Treasurer's powers in relation to draft resource agreements 29 46. Agreement as to draft resource agreements 29 Division 6 -- Write-offs and recoveries 47. Terms used in this Division 30 48. Write-offs 30 49. Liability of officers for losses 31 50. Recovery of amounts for which officers are liable 32 51. Under Treasurer and accountable authorities may direct investigations in respect of losses 33 Part 4 -- Accountable authorities 52. Agencies to have accountable authority 35 53. Functions of accountable authorities 35 54. Accountable authorities for departments 35 55. Accountable authorities for statutory authorities 36 56. Declarations by Treasurer as to agencies and accountable authorities 36 57. Chief finance officer 38 58. Accountable authorities to ensure agencies have financial management system 38 Part 5 -- Reports Division 1 -- Treasurer's reports 59. Treasurer's reports and statements 39 Division 2 -- Annual reports by agencies 60. Interpretation for sections 60 and 61 39 61. Annual reports by accountable authorities 41 62. Financial statements 42 63. Accountable authorities to submit financial reports and other information 43 64. Minister to table accountable authority's report 43 page iii Financial Management Bill 2006 Contents 65. Minister to inform Parliament if annual report and Auditor General's opinion cannot be tabled on time 44 Division 3 -- Reporting on abolition of agencies 66. Terms used in this Division 45 67. Purpose of this Division 45 68. Reporting on abolition of agency 45 69. Content of final report 46 70. Directions by Treasurer 47 71. Reporting officers entitled to reasonable assistance and facilities and access to accounts 47 72. Reporting officers to submit financial statements and information to Auditor General 48 Part 6 -- Miscellaneous Division 1 -- Delegations and authorisations 73. Term used in this Division 49 74. Delegation by Treasurer 49 75. Delegation by Ministers 49 76. Delegation and authorisation by Under Treasurer 49 77. General provisions about delegations and authorisations 50 Division 2 -- Treasurer's instructions 78. Treasurer's instructions 51 Division 3 -- Miscellaneous powers and duties 79. Treasurer's power to require information 51 80. Act of grace payments 52 81. Certain actions and arrangements not to be taken or entered into 52 82. Minister to report decisions not to provide certain information about agencies 52 Division 4 -- General 83. Supplementary provision about laying documents before Parliament 53 84. Regulations 53 85. Review of Act 54 page iv Financial Management Bill 2006 Contents Schedule 1 -- Statutory authorities Schedule 2 -- Modifications to the Act as to certain administrations Schedule 3 -- Modifications to the Act as to the Office of the Auditor General Defined Terms page v Western Australia LEGISLATIVE ASSEMBLY (As amended in committee of the whole) Financial Management Bill 2006 A Bill for An Act to provide for the management, administration and reporting of the public finances of the State, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Financial Management Bill 2006 Part 1 Preliminary s. 1 Part 1 -- Preliminary 1. Short title This is the Financial Management Act 2006. 2. Commencement 5 This Act comes into operation on a day fixed by proclamation. 3. Terms used in this Act In this Act, unless the contrary intention appears -- "accountable authority", of an agency, means the person or body determined under section 54, 55 or 56, as the case 10 requires; "accounts", in paragraph (b)(i) of the definition of "officer" and in sections 56(1)(b), 63(2)(b), 64(1)(b) and 71, has the meaning given to that term in the Auditor General Act 2006 section 4(1); 15 "agency" means a department, a sub-department or a statutory authority; "agency special purpose account" means an account referred to in section 16(1); "Appropriation Act" means an Act appropriating the 20 Consolidated Account for a financial year for the recurrent services and other purposes for the year, or for the capital purposes for the year, as expressed in the Act; "bank" means -- (a) an ADI (authorised deposit-taking institution) as 25 defined in the Commonwealth Banking Act 1959 section 5; or (b) a bank constituted by a law of a State or the Commonwealth; or (c) in relation to a bank not in Australia -- a bank 30 approved by the Treasurer; page 2 Financial Management Bill 2006 Preliminary Part 1 s. 3 "Consolidated Account" means the account of that name established by the Constitution Act 1889 section 64 and referred to in section 8; "department" means a department of the Public Service other 5 than -- (a) a department that is a statutory authority; or (b) a department that, under the Public Sector Management Act 1994 section 3(3), is taken to be a part of an organisation as defined in section 3(1) of 10 that Act; "Joint Standing Committee on Audit" means the joint standing committee established by the Houses of Parliament under the Auditor General Act 2006 section 43; "Minister" means -- 15 (a) in relation to an agency that is a department or a sub-department -- the Minister to whom the administration of the department or sub-department is committed by the Governor; or (b) in relation to an agency that is a statutory authority 20 constituted by or under an Act -- the Minister to whom the administration of the Act by or under which the statutory authority is constituted is committed by the Governor; or (c) in relation to an agency that is a statutory authority 25 not constituted by or under an Act -- the Minister to whom the administration of the statutory authority is for the time being committed by the Governor; "officer" means a person -- (a) who is employed or engaged for the purposes of an 30 agency, whether as a public service officer under the Public Sector Management Act 1994, under a contract for services or otherwise; and page 3 Financial Management Bill 2006 Part 1 Preliminary s. 3 (b) who is charged with or performs any duty consisting of or relating to -- (i) keeping the accounts of the agency; or (ii) collecting, receiving, keeping in custody, 5 banking or accounting for public money or other money or statutory authority money; or (iii) disbursing public money or other money or statutory authority money; or (iv) purchasing, receiving, issuing, selling, 10 keeping in custody, controlling, managing or disposing of, or accounting for, public property or other property; "other money" means money collected, received or held by the State or a statutory authority for or on behalf of a person 15 other than the State or a statutory authority; "other property" means property that is held by the State or a statutory authority for or on behalf of a person other than the State or a statutory authority; "Public Bank Account" means the account of that name 20 constituted under section 11 and includes any other account stated by this Act or another written law to form part of the Public Bank Account; "Public Bank Account Interest Earned Account" means the account of that name referred to in section 10(d); 25 "Public Ledger" means the accounts referred to in section 7; "public money" means money collected, received or held by any person for or on behalf of the State; "public property" means all property, other than public money and statutory authority money, held for or on behalf of the 30 State or a statutory authority; "resource agreement" means a resource agreement under Part 3 Division 5; page 4 Financial Management Bill 2006 Preliminary Part 1 s. 4 "special purpose account" means an agency special purpose account or an account referred to in section 10; "statutory authority" means a person or body listed in Schedule 1; 5 "statutory authority money" means money collected, received or held by any person for or on behalf of a statutory authority; "sub-department" means an entity in respect of which a declaration under section 56(2) has effect; 10 "the estimates" means the annual estimates of receipts and payments in respect of the Consolidated Account; "Treasurer" means the Treasurer of the State; "Treasurer's instructions" means instructions issued under section 78; 15 "Treasury" means the department of the Public Service principally assisting in the administration of this Act; "Under Treasurer" means the chief executive officer of the Treasury. 4. Relationship with other laws 20 (1) Except as stated in subsection (2) or another provision of this Act, this Act prevails to the extent of any inconsistency with another written law (whether enacted before or after the commencement of this Act). (2) Subsection (1) does not apply if another Act expressly states 25 that, or to the effect that, a provision of that Act has effect despite the provisions, or a specified provision, of this Act. 5. Modified application of Act for certain purposes (1) Despite the definition of "department" in section 3, the administration of each of the following -- 30 (a) the Legislative Assembly; (b) the Legislative Council; page 5 Financial Management Bill 2006 Part 1 Preliminary s. 6 (c) the Parliamentary Services Department; (d) the Parliamentary Commissioner for Administrative Investigations; (e) the Information Commissioner, 5 is taken to constitute a department for the purposes of this Act, and the regulations may provide that the administration of any other body or office established under a written law is taken to constitute one or more departments for the purposes of this Act. (2) This Act has effect in relation to an administration that is 10 referred to in subsection (1) subject to the modifications that are set out in Schedule 2. (3) This Act has effect in relation to the department of the Public Service known as the Office of the Auditor General subject to the modifications that are set out in Schedule 3. 15 6. Amendment of Schedule 1 by regulations Schedule 1 may be amended by the regulations. page 6 Financial Management Bill 2006 Accounts Part 2 Public Ledger Division 1 s. 7 Part 2 -- Accounts Division 1 -- Public Ledger 7. Public Ledger The Treasurer is to cause to be established and maintained, 5 under the separate heads directed by the Treasurer, a Public Ledger consisting of the following accounts -- (a) the Consolidated Account; (b) the Treasurer's Advance Account; (c) the Treasurer's special purpose accounts. 10 8. Consolidated Account (1) The Consolidated Fund established under the Constitution Act 1889 and in existence immediately before the commencement of this section constitutes the Consolidated Account for the purposes of this Act. 15 (2) There is to be credited to the Consolidated Account all public money or statutory authority money required by or under this Act or another written law to be credited to the Consolidated Account. (3) There may be credited to the Consolidated Account any grants, 20 advances, contributions, repayments or other amounts as -- (a) determined by the Treasurer; or (b) prescribed by the regulations for the purposes of this subsection. 9. Treasurer's Advance Account 25 The Treasurer's Advance Account referred to in section 7(b) may be operated by the Treasurer for the purposes referred to in, and in accordance with, section 28 and any Treasurer's Advance Authorisation Act for the relevant financial year. page 7 Financial Management Bill 2006 Part 2 Accounts Division 2 Public Bank Account and other bank accounts s. 10 10. Treasurer's special purpose accounts The Treasurer's special purpose accounts referred to in section 7(c) are to consist of -- (a) any account established by the Treasurer as a 5 Treasurer's special purpose account for the purposes determined by the Treasurer; and (b) suspense accounts established for the purposes of section 26; and (c) any account established to hold money transferred under 10 section 39(5); and (d) the Public Bank Account Interest Earned Account established for the purpose of holding money credited to that account under section 38(9) pending its allocation and payment as required or permitted under this Act or 15 another written law; and (e) any account established under a written law and determined by the Treasurer to be a Treasurer's special purpose account; and (f) any account established to hold other money and 20 determined by the Treasurer to be a Treasurer's special purpose account. Division 2 -- Public Bank Account and other bank accounts 11. Public Bank Account (1) The account called the Public Bank Account that -- 25 (a) was opened and maintained by the Treasurer under the Financial Administration and Audit Act 1985 in the name of the Government of Western Australia; and (b) was in existence immediately before the commencement of this section, 30 constitutes the Public Bank Account for the purposes of this Act. page 8 Financial Management Bill 2006 Accounts Part 2 Public Bank Account and other bank accounts Division 2 s. 12 (2) The Public Bank Account is to be operated on the terms and conditions agreed between the Treasurer and the bank or banks with which it is maintained and under the subdivisions determined by the Treasurer -- 5 (a) for the receipt, custody, payment and transmission of money; and (b) for advances to be made and for charges in respect of advances; and (c) for interest to be payable by the bank or banks on 10 balances and to the bank or banks on advances; and (d) for the conduct generally of the banking business of the State. 12. Application of Public Bank Account The Treasurer may apply any money standing to the credit of 15 the Public Bank Account to make any payment that may lawfully be charged to -- (a) an account forming part of the Public Ledger; or (b) an agency special purpose account. 13. Treasurer may authorise agencies to open and maintain 20 bank accounts (1) If an agency is not authorised to open and maintain a bank account under another written law, the Treasurer may authorise the agency to open and maintain a bank account for the purposes, and subject to the terms and conditions, approved by 25 the Treasurer. (2) Except as otherwise directed by the Treasurer, a bank account opened and maintained under subsection (1) forms part of the Public Bank Account. page 9 Financial Management Bill 2006 Part 2 Accounts Division 3 Agency special purpose accounts s. 14 14. Bank accounts not to be overdrawn unless approved by Treasurer Except with, and in accordance with, the prior approval of the Treasurer, the accountable authority of an agency is not to cause 5 or permit a bank account maintained under this Division to be overdrawn. 15. Restrictions on opening and maintaining certain bank accounts (1) A bank account for the receipt, custody, payment or 10 transmission of public money, statutory authority money or other money is not to be opened or maintained otherwise than in accordance with this Division or another written law. (2) In subsection (1) -- "other money" means other money to which section 36(2) 15 applies. Division 3 -- Agency special purpose accounts 16. Agency special purpose accounts (1) The agency special purpose accounts of an agency consist of -- (a) any account established for the purposes of the 20 operations of the agency; and (b) any account established for the agency under a written law and stated in the written law to be, or determined by the Treasurer to be, an agency special purpose account; and 25 (c) any account established to hold other money and determined by the Treasurer to be an agency special purpose account; and (d) any account established by the agency for the purposes approved by the Treasurer and determined by the 30 Treasurer to be an agency special purpose account. page 10 Financial Management Bill 2006 Accounts Part 2 Administration of special purpose accounts Division 4 s. 17 (2) The accountable authority of an agency is to maintain records that enable the accountable authority to account separately for each agency special purpose account of the agency. Division 4 -- Administration of special purpose accounts 5 17. Special purpose statements and trust statements (1) The accountable authority of an agency is to prepare -- (a) a special purpose statement for a special purpose account operated by the agency that is referred to in section 10(a) or 16(1)(d); and 10 (b) a trust statement for a special purpose account operated by the agency that is referred to in section 10(f) or 16(1)(c). (2) A special purpose statement or a trust statement is to contain the information prescribed by the Treasurer's instructions for the 15 special purpose account concerned. (3) The accountable authority is to send the special purpose statement or trust statement to the Treasurer. (4) When the Treasurer approves the special purpose statement or trust statement, the accountable authority is to send a copy of it 20 to the Auditor General. 18. Payments to and from special purpose accounts (1) There is to be credited to a special purpose account -- (a) any money required or authorised by this Act or another written law to be credited to the account; and 25 (b) any money appropriated by an Act for the purposes for which the account is established, or paid or advanced for those purposes under section 24 or 28 or a Treasurer's Advance Authorisation Act; and page 11 Financial Management Bill 2006 Part 2 Accounts Division 4 Administration of special purpose accounts s. 19 (c) any money that may be retained by the agency that operates the account because of a determination under section 23; and (d) any money, not mentioned in another paragraph of this 5 subsection, lawfully received for the purposes for which the account is established. (2) There is to be charged to a special purpose account -- (a) any expenditure required or authorised by this Act or another written law to be charged to the account; and 10 (b) any other expenditure lawfully incurred for the purposes for which the account is established. 19. Special purpose accounts not to be overdrawn unless approved by Treasurer (1) Except with, and in accordance with, the prior approval of the 15 Treasurer, the accountable authority of an agency is not to cause or permit a special purpose account operated by the agency to be overdrawn. (2) If the Treasurer approves a special purpose account to be overdrawn, the overdraft -- 20 (a) is taken to be an advance to be charged in the relevant financial year to the Treasurer's Advance Account; and (b) is subject to the terms and conditions determined by the Treasurer. 20. Transfer of excess amounts from special purpose accounts 25 (1) If satisfied that there is money standing to the credit of a special purpose account that is not reasonably required for the purposes of that account, the Treasurer may direct that all or part of that money be credited to the Consolidated Account. (2) Subsection (1) does not apply if another written law expressly 30 provides otherwise. page 12 Financial Management Bill 2006 Accounts Part 2 Administration of special purpose accounts Division 4 s. 21 21. Closure of special purpose accounts and transfer of service (1) The Treasurer may, after consulting with the Minister, direct that a special purpose account operated by an agency, other than a special purpose account established by an Act, be closed. 5 (2) Subject to subsection (3), when a special purpose account is closed and all the liabilities of the account have been paid, the money standing to the credit of the account is to be credited -- (a) to any account or fund, or in any other manner, specified in the special purpose statement or trust statement 10 relating to that account; or (b) to the Consolidated Account if -- (i) there is no special purpose statement or trust statement relating to that account; or (ii) no account, fund or manner is specified in the 15 special purpose statement or trust statement relating to that account. (3) If a special purpose account has been established in relation to the provision of a particular service or performance of a particular function (the "relevant service") and -- 20 (a) the account is closed; or (b) the responsibility for the provision of the relevant service is transferred, the Treasurer may direct that any money standing to the credit of the account, being money determined by the Treasurer to 25 relate to the provision of the relevant service, be transferred to another special purpose account established in relation to the provision of the relevant service, or in relation to the provision or performance of services or functions that include the relevant service. 30 22. Other laws not affected Nothing in this Division affects the operation of another written law that requires or authorises an agency to conduct its operations through one or more accounts established under that written law. page 13 Financial Management Bill 2006 Part 3 Funds management Division 1 Supply and appropriation s. 23 Part 3 -- Funds management Division 1 -- Supply and appropriation 23. Appropriation of certain receipts (1) In this section -- 5 "determination" means a determination under subsection (2); "prescribed receipts", in relation to an agency, means any money lawfully received by the agency other than money received -- (a) by way of taxes or fines under a written law; or 10 (b) by way of royalty in respect of fauna or forest produce or in respect of minerals, petroleum, water or other natural resources of the State; or (c) from the Commonwealth in the form of a general purpose grant; or 15 (d) from any other source prescribed by the regulations for the purposes of this definition. (2) The Treasurer may make a determination providing for prescribed receipts that are not greater than the monetary limit specified in the determination to be retained by the agency that 20 receives them. (3) A determination -- (a) applies to the financial year or financial years referred to in the determination; and (b) may be made before or after the start of a financial year 25 to which the determination applies; and (c) may be revoked by the Treasurer at any time. (4) If a determination is made before the estimates for a financial year to which the determination applies have been tabled in the Legislative Assembly, the appropriation item that includes the 30 service or function to which the determination relates is to be page 14 Financial Management Bill 2006 Funds management Part 3 Supply and appropriation Division 1 s. 24 expressed in the estimates for the year to be subject to a deduction in respect of retained receipts. (5) If a determination is made after the estimates for a financial year to which the determination applies have been tabled in the 5 Legislative Assembly, the Treasurer is to cause a copy of the determination to be laid before each House of Parliament, or dealt with under section 83, within 60 days after making the determination. (6) If, after a determination is made, the responsibility for the 10 service or function to which the determination relates is transferred to another agency, the determination continues to have effect as if it had been made in relation to prescribed receipts received by that agency. (7) An amount equal to the receipts retained for a financial year 15 under a determination is taken to have been appropriated for the year for the service or function to which the determination relates, and may be applied accordingly. 24. Payments before grant of supply (1) If, before the end of a financial year (the "previous year"), no 20 supply is granted to meet the requirements of the next financial year (the "current year"), the Treasurer may make and charge to the Consolidated Account any payments and advances to meet those requirements at the start of the current year that do not exceed in total an amount equal to 20% of the total amount 25 appropriated for the previous year by the Appropriation Acts. (2) The authority conferred on the Treasurer by subsection (1) authorises payments and advances to be made only for the purposes -- (a) for which expenditure was authorised for the previous 30 year by the Appropriation Acts; or (b) for which expenditure was authorised under section 27(1) to meet the requirements of the previous year. page 15 Financial Management Bill 2006 Part 3 Funds management Division 1 Supply and appropriation s. 25 (3) The authority conferred on the Treasurer by subsection (1) ceases to have effect -- (a) at the end of the first 2 months of the current year; or (b) on the commencement of an Act granting supply for the 5 current year, whichever occurs first. (4) On the commencement of the Appropriation Acts appropriating the Consolidated Account for the current year, the payments and advances made by the Treasurer under subsection (1) to meet 10 the requirements of the current year are taken to be expenditure appropriated by those Acts for the current year in respect of the purposes for which the payments and advances were made. 25. Transfers of appropriations (1) In this section -- 15 "general purpose" means a purpose -- (a) that is described in the estimates in general terms; and (b) that is of a kind likely to require expenditure from 2 or more appropriation items to meet that purpose in 20 a financial year. (2) If, after the commencement of an Appropriation Act, the responsibility for a service or function for which an appropriation is made by the Act is transferred -- (a) the appropriation does not lapse; and 25 (b) any unexpended amount of the appropriation may be issued and applied, in accordance with a determination made by the Treasurer, for the purposes of that service or function. (3) Subsection (2) has effect despite the provisions of any 30 Appropriation Act. page 16 Financial Management Bill 2006 Funds management Part 3 Supply and appropriation Division 1 s. 26 (4) Subject to subsection (5), if an amount is appropriated by an Appropriation Act for a financial year by way of a central appropriation for a general purpose, the Treasurer may direct the transfer of a portion of that amount to another appropriation 5 item. (5) The transfer may be made only to meet all or part of the actual or estimated expenditure that accords with both the general purpose and the purpose of the item to which the transfer is made. 10 (6) If a portion of an amount is transferred under subsection (4) from a central appropriation to another appropriation item, expenditure against that portion -- (a) is taken to be expenditure under that item; and (b) is to be recorded and reported under this Act 15 accordingly. 26. Transfers to suspense account (1) In this section -- "operating account" means an agency special purpose account established for the purposes of the operations of the 20 agency; "relevant commitment" means a commitment -- (a) that is relevant to the financial year referred to in subsection (2); and (b) that relates to salaries, wages, superannuation, leave 25 or depreciation. (2) The Treasurer may direct that an appropriation by an Appropriation Act for a financial year may be transferred to a suspense account to the extent necessary to meet a relevant commitment, and such a transfer is taken to be a payment 30 correctly chargeable against that appropriation for that financial year. page 17 Financial Management Bill 2006 Part 3 Funds management Division 1 Supply and appropriation s. 27 (3) Money standing to the credit of a suspense account under subsection (2) may only be -- (a) transferred when it needs to be applied for any relevant commitment; or 5 (b) credited to the relevant operating account at the time or times directed by the Treasurer. 27. Expenditure in advance of appropriation (1) The Governor may, on the recommendation of the Treasurer, authorise expenditure in a financial year that is not provided for 10 by an appropriation by an Appropriation Act for that year. (2) The Treasurer may authorise expenditure in a financial year that exceeds the amount appropriated by an Appropriation Act for that year for expenditure of that kind. (3) Expenditure may be authorised under subsection (1) or (2) only 15 to make payments in respect of extraordinary or unforeseen matters. (4) Payments made under subsection (1) or (2) in a financial year in respect of extraordinary or unforeseen matters are -- (a) to be charged in that year to the Consolidated Account; 20 and (b) to be provided for in an Appropriation Act in the next or a later financial year. 28. Authorised recoverable advances (1) The Treasurer may authorise advances to be made -- 25 (a) on the terms and conditions determined by the Treasurer -- (i) for the temporary financing of works and services of the State (other than works and services referred to in paragraph (b)); or 30 (ii) to a public authority; or (iii) to the credit of a special purpose account; or page 18 Financial Management Bill 2006 Funds management Part 3 Supply and appropriation Division 1 s. 28 (iv) for the purchase of stores; or (b) on the terms and conditions determined by the Treasurer for the temporary financing of works and services 5 undertaken -- (i) in conjunction with, or on behalf of, the Commonwealth, another State, a Territory, a local government or other person; or (ii) by the Commonwealth, another State, a 10 Territory, a local government or other person on behalf of the State. (2) In subsection (1)(a) -- "public authority" means -- (a) a Minister of the State; or 15 (b) an agency, authority or instrumentality of the State; or (c) a local government; or (d) a body, whether corporate or unincorporate, that is established or continued for a public purpose by or 20 under a written law. (3) Advances made under subsection (1)(a) in a financial year are -- (a) to be charged in that year to the Treasurer's Advance Account; and 25 (b) to be recovered from the persons to whom or which, or on whose behalf, the advances were made. (4) Advances made under subsection (1)(b) in a financial year are -- (a) to be charged in that year to the Treasurer's Advance 30 Account; and page 19 Financial Management Bill 2006 Part 3 Funds management Division 1 Supply and appropriation s. 29 (b) to be recovered from the Commonwealth, other State, Territory, local government or other person to, or on whose behalf, the advances were made. (5) An amount of an advance made under subsection (1)(a) or (b) 5 that is recovered is to be credited to the Treasurer's Advance Account. (6) An advance made under this section -- (a) is to be recovered before the end of the financial year for which the advance is authorised under subsection (1); or 10 (b) is to be subject to a further authorisation under that subsection. 29. Limits on expenditure (1) Subject to subsections (2) and (3), the total expenditure that may be authorised under sections 27(1) and (2) and 28(1) in a 15 financial year cannot exceed an amount equal to 3% of the total amount appropriated for the previous financial year by the Appropriation Acts. (2) For the purpose of determining the total amount referred to in subsection (1) in respect of a financial year, any advance made 20 under section 28(1)(a) or (b) that has been recovered in that financial year, whether in respect of that financial year or a previous financial year, is to be disregarded. (3) Expenditure that exceeds the limit specified in subsection (1) may be authorised by a Treasurer's Advance Authorisation Act 25 to make payments in respect of extraordinary or unforeseen matters or to make advances for the purposes referred to in section 28(1). 30. Unexpended appropriations to lapse If the total amount of an appropriation by an Appropriation Act 30 for a financial year in respect of particular services or purposes of an agency is not charged to the Consolidated Account for page 20 Financial Management Bill 2006 Funds management Part 3 Payments and transfers Division 2 s. 31 those services or purposes by the end of that year, any unexpended amount of the appropriation lapses. 31. Payments from Public Bank Account Interest Earned Account 5 (1) Money standing to the credit of the Public Bank Account Interest Earned Account at any time may be credited to the Consolidated Account if the Treasurer so determines. (2) Money standing to the credit of the Public Bank Account Interest Earned Account at the end of a financial year is to be 10 credited at that time to the Consolidated Account. (3) A reference in this section to money standing to the credit of the Public Bank Account Interest Earned Account does not include a reference to money held in that account pending payment as provided for in a determination under section 38(5) or as 15 required under another written law. Division 2 -- Payments and transfers 32. Certain payments and transfers to be authorised (1) Unless otherwise expressly provided by the Treasurer's instructions, a regulated payment or regulated transfer may be 20 made only if the payment or transfer is authorised in the manner prescribed by the Treasurer's instructions. (2) In subsection (1) -- "regulated payment" means -- (a) a payment that is to be charged to an account forming 25 part of the Public Ledger; or (b) a payment made by an agency, whether to another agency or otherwise; "regulated transfer" means -- (a) a transfer between accounts forming part of the 30 Public Ledger; or page 21 Financial Management Bill 2006 Part 3 Funds management Division 2 Payments and transfers s. 33 (b) a transfer between agency special purpose accounts operated by the same agency. 33. Payments charged to Consolidated Account A payment that is to be charged to the Consolidated Account 5 may be made -- (a) only in accordance with a warrant under the hand of the Governor; and (b) only if -- (i) the payment may be made under an 10 appropriation made by an Act; or (ii) the payment is authorised to be charged to the Consolidated Account by or under an Act. 34. Deposit of money received A person who collects or receives public money or statutory 15 authority money is to deposit the money to the credit of a bank account in accordance with the Treasurer's instructions. 35. Money paid into Public Bank Account (1) Unless otherwise expressly provided in another written law, money paid into the Public Bank Account is to be credited to, as 20 appropriate, the Consolidated Account, the Treasurer's Advance Account, the Treasurer's special purpose accounts or an agency special purpose account. (2) If it is not possible to determine the appropriate account that is to be credited with money paid into the Public Bank Account, 25 the money is to be credited to the Consolidated Account. 36. Other money to be credited to special purpose accounts (1) In this section -- "relevant accountable authority" means the accountable authority of the agency for the purposes of which the 30 relevant person is employed or engaged; page 22 Financial Management Bill 2006 Funds management Part 3 Payments and transfers Division 2 s. 36 "relevant person" means a person employed or engaged for the purposes of an agency. (2) This section applies to other money -- (a) that, under a written law, is directed to be paid into the 5 Treasury or to the Treasurer for or on account of, or for the use and benefit of, any person; or (b) that comes into the possession or under the control of a relevant person, in that person's capacity as a relevant person, for or on account of, or for the use and benefit 10 of, any person. (3) Other money that comes into the possession or under the control of a relevant person is to be -- (a) paid into the Public Bank Account; or (b) paid into a bank account maintained under section 13 15 that does not form part of the Public Bank Account, and credited to a special purpose account. (4) When other money is credited to a special purpose account under subsection (3), the relevant accountable authority is to prepare a trust statement, containing the information prescribed 20 by the Treasurer's instructions, for the account. (5) The relevant accountable authority is to send the trust statement to the Treasurer. (6) When the Treasurer approves the trust statement, the relevant accountable authority is to send a copy of it to the Auditor 25 General. (7) Another written law that applies to other money prevails to the extent of any inconsistency with this section. page 23 Financial Management Bill 2006 Part 3 Funds management Division 3 Investments s. 37 Division 3 -- Investments 37. Investment by Treasurer (1) The Treasurer may invest any money standing to the credit of the Public Bank Account in a manner prescribed by the 5 regulations. (2) Regulations made for the purposes of subsection (1) are not to provide that money may be invested otherwise than in a manner that trust funds may be invested under the Trustees Act 1962 Part III. 10 (3) A withdrawal of money for the purposes of investment under subsection (1) does not have to be charged to any of the accounts forming part of the Public Ledger. (4) Subject to section 38(8), subsection (1) is in addition to, and does not limit, a written law concerning the investment of 15 particular money. 38. Proceeds of investment by Treasurer (1) In this section -- "investment" means investment by the Treasurer under section 37. 20 (2) Money received from investment in repayment of principal is to be paid into the Public Bank Account. (3) Subject to this section, money received from investment is to be paid into the Public Bank Account and credited to the Consolidated Account. 25 (4) Money received from investment that is money to which the Road Safety Council Act 2002 section 12(2)(d) applies is to be credited in accordance with that provision. page 24 Financial Management Bill 2006 Funds management Part 3 Investments Division 3 s. 39 (5) The Treasurer may make and give effect to a determination that provides for money received from investment -- (a) to be credited to one or more special purpose accounts specified in the determination; or 5 (b) to be paid to one or more statutory authorities or other persons specified in the determination, at the rate determined by the Treasurer and specified in the determination. (6) The rate determined by the Treasurer under subsection (5) is not 10 to exceed the rate of return on the investment of money in the Public Bank Account. (7) Subsection (5) does not apply in relation to the investment of public money held in a special purpose account unless another written law provides, either expressly or by implication, that 15 income derived from that public money is to be credited to the special purpose account. (8) Another written law has no effect to the extent that it authorises or requires a person (other than the Treasurer) or a statutory authority to invest particular money, if there is a determination 20 in effect under subsection (5), made by agreement between the Treasurer and the person or statutory authority, relating to a special purpose account in which that money is held. (9) Money received from investment may be credited to the Public Bank Account Interest Earned Account pending being dealt 25 with under subsection (3), (4) or (5). (10) Subject to subsection (4), this section has effect despite any written law concerning the distribution of income derived from the investment of particular money. 39. Investment by agencies 30 (1) Subsection (2) applies if -- (a) a department or sub-department holds other money; or page 25 Financial Management Bill 2006 Part 3 Funds management Division 3 Investments s. 39 (b) a statutory authority holds statutory authority money or other money, whether in the Public Bank Account or in a bank account maintained under section 13 that does not form part of the 5 Public Bank Account. (2) If this subsection applies, the Treasurer may authorise the department, sub-department or statutory authority to invest money referred to in subsection (1) -- (a) in the same manner as money in the Public Bank 10 Account may be invested under section 37; and (b) in accordance with any written directions issued by the Treasurer, which may include directions about how income from investment under this section is to be dealt with. 15 (3) Subsection (2) has effect -- (a) subject to another written law concerning the investment of particular money; and (b) for money in an agency special purpose account -- subject to the terms of any trust statement relating to the 20 account. (4) Subsection (2) does not limit the power of -- (a) a department or sub-department to hold public money or other money; or (b) a statutory authority to hold statutory authority money or 25 other money, in an interest bearing bank account maintained under section 13 but, for public money referred to in paragraph (a), the interest is to be paid into the Public Bank Account and credited to the Consolidated Account. 30 (5) If -- (a) a department or sub-department holds other money; or page 26 Financial Management Bill 2006 Funds management Part 3 Annual estimates of statutory authorities Division 4 s. 40 (b) a statutory authority holds statutory authority money or other money, in a bank account that does not form part of the Public Bank Account, the department, sub-department or statutory authority 5 may transfer that money to the Public Bank Account for investment under section 37. (6) Subsection (5) has effect -- (a) subject to another written law concerning the investment of particular money; but 10 (b) despite another written law requiring money to be held in a particular bank account. Division 4 -- Annual estimates of statutory authorities 40. Accountable authorities of statutory authorities to prepare and submit annual estimates 15 (1) Unless otherwise directed in writing by the Treasurer, the accountable authority of a statutory authority is to prepare annual estimates of the financial operations of the statutory authority (the "annual estimates") in the manner prescribed by the Treasurer's instructions. 20 (2) The accountable authority is to submit the annual estimates to the Minister for approval at the time determined by the Treasurer and in the manner prescribed by the Treasurer's instructions. (3) The Minister may -- 25 (a) approve the annual estimates; or (b) reject them and require the accountable authority to prepare and submit for approval amended annual estimates within the period that the Minister directs. (4) Subsection (3) also applies to amended annual estimates 30 submitted under that subsection. page 27 Financial Management Bill 2006 Part 3 Funds management Division 5 Resource agreements s. 41 Division 5 -- Resource agreements 41. Accountable authorities to submit draft resource agreements (1) If directed in writing by the Treasurer to do so in respect of a 5 financial year of the agency, the accountable authority of an agency is to submit a draft resource agreement for the agency to the Treasurer for his or her agreement. (2) The accountable authority of an agency is to submit the draft resource agreement -- 10 (a) not later than 3 months before the start of the next financial year of the agency; or (b) as otherwise directed in writing by the Treasurer. 42. Period to which resource agreements relate (1) A resource agreement for an agency is to cover a financial year 15 of the agency. (2) The first resource agreement for an agency is to be in respect of the next full financial year of the agency after the commencement of this Division. 43. Matters to be included in resource agreements 20 A resource agreement for an agency is to specify -- (a) the total amount of resources that are expected to be made available to the agency for the financial year; and (b) the services proposed to be provided by the agency during the financial year; and 25 (c) any other matters required by the Treasurer to be specified in the agreement. 44. Resource agreements to be agreed if possible The accountable authority of an agency and the Treasurer are to try to reach agreement on a resource agreement for the agency page 28 Financial Management Bill 2006 Funds management Part 3 Resource agreements Division 5 s. 45 before the start of the financial year to which the agreement relates. 45. Treasurer's powers in relation to draft resource agreements (1) The Treasurer may return a draft resource agreement to the 5 accountable authority of an agency and request the accountable authority -- (a) to consider or further consider any matter and deal with the matter in the draft resource agreement; and (b) to revise the draft resource agreement in light of that 10 consideration or further consideration. (2) If the accountable authority and the Treasurer have not reached agreement on a draft resource agreement by one month before the start of the financial year, the Treasurer may, in writing, direct the accountable authority -- 15 (a) to take specified steps in relation to the draft resource agreement; or (b) to make specified modifications to the draft resource agreement. (3) The accountable authority is to comply with a direction under 20 subsection (2) as soon as is practicable and, in any event, not later than the start of the financial year or any later date approved by the Treasurer. 46. Agreement as to draft resource agreements (1) When the accountable authority of an agency and the Treasurer 25 reach agreement on a draft resource agreement, it becomes the resource agreement for the agency for the relevant financial year. (2) The accountable authority of an agency is to obtain the Minister's approval before reaching agreement with the 30 Treasurer on a draft resource agreement for the agency. page 29 Financial Management Bill 2006 Part 3 Funds management Division 6 Write-offs and recoveries s. 47 Division 6 -- Write-offs and recoveries 47. Terms used in this Division In this Division -- "loss" means -- 5 (a) in relation to official money -- a loss of or deficiency in money; or (b) in relation to official property -- the value of, or the cost of repairing or replacing, as the case requires, property that is lost, destroyed or damaged; 10 "official money" means -- (a) in relation to a statutory authority -- statutory authority money and other money; or (b) otherwise, public money and other money; "official property" means public property and other property; 15 "relevant authority" means -- (a) in relation to a loss incurred by a statutory authority -- the statutory authority; or (b) in relation to a loss otherwise incurred -- the State. 48. Write-offs 20 (1) In this section -- "relevant amounts" means -- (a) amounts in respect of public property held for or on behalf of the State and revenue and other debts due to the State; or 25 (b) amounts in respect of public property held for or on behalf of a statutory authority and revenue and other debts due to the statutory authority. (2) Subject to the monetary limit and any conditions prescribed by the regulations for the purposes of this subsection, the relevant 30 accountable authority may write off relevant amounts. page 30 Financial Management Bill 2006 Funds management Part 3 Write-offs and recoveries Division 6 s. 49 (3) Subject to the monetary limit and any conditions prescribed by the regulations for the purposes of this subsection, the Minister may write off relevant amounts. (4) Subject to any conditions prescribed by the regulations for the 5 purposes of this subsection, the Minister may, with the prior approval of the Governor, write off relevant amounts that are greater than the monetary limit prescribed for the purposes of subsection (3). (5) Another written law that applies to a statutory authority prevails 10 to the extent of any inconsistency with this section. 49. Liability of officers for losses (1) For the purposes of this section -- (a) a person is taken to have control of official money if -- (i) the money is held by the person by way of an 15 advance; or (ii) the money has been collected or received by the person but has not been paid to another person, or credited to a bank account, as required under a written law; 20 and (b) a person is taken to have control of official property if -- (i) the property has been delivered to the person and has not been further delivered to another person 25 entitled to receive it; and (ii) the person gave a written undertaking when the property was delivered to take strict care of it while he or she had control of it. (2) Subject to subsection (3), if -- 30 (a) a loss of official money or official property occurs; and page 31 Financial Management Bill 2006 Part 3 Funds management Division 6 Write-offs and recoveries s. 50 (b) at the time of the loss an officer has control of the money or property, the officer is liable to pay to the relevant authority an amount equal to the loss. 5 (3) The officer is not liable in respect of the loss if the officer shows that he or she took reasonable steps in all the circumstances to prevent the loss. (4) Subject to subsection (5), if -- (a) a loss of official money or official property occurs; and 10 (b) an officer caused or contributed to the loss by misconduct or a deliberate or serious disregard of reasonable standards of care, the officer is liable to pay to the relevant authority an amount equal to the loss. 15 (5) If the officer's misconduct or disregard of reasonable standards of care was not the sole cause of the loss, the officer is liable to pay only so much of the loss as is just and equitable with regard to his or her share of the responsibility for the loss. (6) A person who becomes liable under this section in the person's 20 capacity as an officer does not cease to be liable only because the person ceases to be an officer. 50. Recovery of amounts for which officers are liable (1) The amount that an officer is liable to pay under section 49 is recoverable as a debt due to the relevant authority in a court of 25 competent jurisdiction. (2) A relevant authority is not entitled to recover amounts from the same person under both section 49(2) and (4) for the same loss. (3) In proceedings to recover an amount that an officer is liable to pay under section 49, the amount for which the officer is liable 30 according to a determination under section 51 is prima facie evidence of the amount that he or she is liable to pay. page 32 Financial Management Bill 2006 Funds management Part 3 Write-offs and recoveries Division 6 s. 51 (4) Section 49 does not affect a right of a relevant authority to recover an amount from an officer otherwise than under that section, but the relevant authority is not entitled to recover amounts under both section 49 and otherwise than under that 5 section for the same loss. 51. Under Treasurer and accountable authorities may direct investigations in respect of losses (1) In this section -- "authorised person" means a person authorised by a 10 responsible person under subsection (2); "official loss" means a loss of official money or official property; "responsible person" means the Under Treasurer or the relevant accountable authority. 15 (2) If a responsible person considers that an official loss may have occurred in circumstances that make an officer liable under section 49 to pay an amount to the relevant authority, the responsible person may direct an investigation to be held by a person authorised in writing by the responsible person. 20 (3) For the purposes of the investigation, the authorised person has all the powers conferred on a special inquirer by the Public Sector Management Act 1994 sections 12 and 13 and Schedule 3, and those provisions apply to and in relation to -- (a) the authorised person as if he or she were a special 25 inquirer under that Act; and (b) the investigation as if it were a special inquiry under that Act. (4) Within the period specified by the responsible person, the authorised person is to -- 30 (a) complete the investigation; and (b) prepare a report setting out the relevant facts and findings; and page 33 Financial Management Bill 2006 Part 3 Funds management Division 6 Write-offs and recoveries s. 51 (c) send the report to the responsible person. (5) Without limiting subsection (4) and subject to any requirements prescribed by the regulations relating to the rules of natural justice (including any duty of procedural fairness), the report 5 may include a recommendation that the officer be held liable under section 49 to pay a specified amount to the relevant authority. (6) After considering the report and anything else prescribed by the regulations, and having regard to all the circumstances of the 10 case, the responsible person is to determine -- (a) that the official loss occurred in circumstances that make the officer liable under section 49 and the amount the officer is liable to pay to the relevant authority; or (b) that no further action is to be taken in relation to the 15 matter. (7) The responsible person is to give written notice of the determination to the officer. (8) In determining the amount that an officer is liable to pay under subsection (6)(a), the responsible person -- 20 (a) may have regard to mitigating facts or circumstances relevant to the official loss or to the officer; and (b) may determine that the officer is liable to pay only so much as is just and equitable of the amount that, apart from this subsection, the officer would be liable to pay. page 34 Financial Management Bill 2006 Accountable authorities Part 4 s. 52 Part 4 -- Accountable authorities 52. Agencies to have accountable authority An agency is to have an accountable authority who is responsible to the Minister for the financial management of the 5 services under the control of the agency. 53. Functions of accountable authorities (1) Without limiting section 52, an accountable authority of an agency has the functions of -- (a) ensuring that the agency operates in a manner that is 10 efficient and economic and achieves the agency's objectives; and (b) ensuring that the agency complies with this Act, the Treasurer's instructions and any other written law that applies to the agency; and 15 (c) having the custody, control and management of, and accounting for, all the public property or other property under the control of the agency; and (d) unless otherwise directed in writing by the Treasurer, developing and maintaining an effective internal audit 20 function for the agency. (2) The accountable authority of an agency also has any other function given to the accountable authority under this Act or another written law. 54. Accountable authorities for departments 25 (1) Subject to subsection (2), the chief executive officer of a department is the accountable authority of the department. page 35 Financial Management Bill 2006 Part 4 Accountable authorities s. 55 (2) While a declaration of a sub-department under section 56(2) has effect in respect of an entity that forms a part of a department, the chief executive officer of the department -- (a) is not responsible to the Minister for the financial 5 management of the services under the control of the entity; and (b) is not the accountable authority in relation to those services. 55. Accountable authorities for statutory authorities 10 (1) Subject to subsection (2), the person or body (however described) having the general direction and control of, and the overall responsibility for, the operations of a statutory authority is the accountable authority of the statutory authority. (2) If the Treasurer considers that there is, or may be, some doubt 15 as to the application of subsection (1) to a particular statutory authority, the Treasurer may, by notice published in the Gazette, appoint a person or body to be the accountable authority of the statutory authority. (3) On the publication of a notice under subsection (2), the person 20 or body appointed is to assume and perform all the functions conferred on an accountable authority under this Act. 56. Declarations by Treasurer as to agencies and accountable authorities (1) For the purposes of this section, the "prescribed conditions", 25 in relation to an entity, are the conditions that -- (a) the entity forms a part of a department; and (b) the entity maintains separate accounts; and (c) the entity is the subject of -- (i) a separate division within the estimates; or 30 (ii) a separate head of expenditure created by a determination under section 25(2)(b); or page 36 Financial Management Bill 2006 Accountable authorities Part 4 s. 56 (iii) expenditure authorised under section 27(1); and (d) the holder of an office in the department, who is not the chief executive officer of the department, has functions 5 in relation to the entity under -- (i) a written law; or (ii) a delegation made under the Public Sector Management Act 1994 section 33 by that chief executive officer. 10 (2) The Treasurer may declare that, for the purposes of this Act -- (a) an entity that satisfies the prescribed conditions is a sub-department; and (b) the holder of an office referred to in subsection (1)(d) is the accountable authority of the sub-department. 15 (3) If, after a declaration is made under subsection (2) in relation to a sub-department and its accountable authority, the entity that comprises the sub-department ceases to satisfy any of the prescribed conditions, the declaration is revoked by operation of this subsection. 20 (4) If the holder of an office has been declared to be an accountable authority on the basis of a delegation referred to in subsection (1)(d)(ii), the chief executive officer who made the delegation is to notify the Treasurer immediately if the delegation is amended or revoked. 25 (5) The Treasurer may at any time revoke a declaration under subsection (2). (6) Part 5 Division 3 applies in relation to the revocation of a declaration under subsection (2) as if a reference in that Division to the abolition of an agency were a reference to that 30 revocation. page 37 Financial Management Bill 2006 Part 4 Accountable authorities s. 57 57. Chief finance officer (1) The accountable authority of an agency -- (a) is to ensure that, for the agency, an office, post or position is designated chief finance officer; and 5 (b) is to advise the Treasurer and the Auditor General of the office, post or position so designated. (2) The chief finance officer of an agency is responsible to the accountable authority for -- (a) the preparation of financial information to facilitate the 10 discharge of statutory reporting obligations of the agency; and (b) the provision of advice on the effectiveness of accounting and financial management information systems and financial controls in meeting the 15 requirements of the agency; and (c) the provision of advice concerning the financial implications of, and financial risks to, the agency's current and projected services; and (d) the development of strategic options for the future 20 financial management and capability of the agency; and (e) the development of financial management skills within the agency. 58. Accountable authorities to ensure agencies have financial management system 25 The accountable authority of an agency is to ensure that the agency has, or has access to, a financial management system that complies with the requirements prescribed by the Treasurer's instructions. page 38 Financial Management Bill 2006 Reports Part 5 Treasurer's reports Division 1 s. 59 Part 5 -- Reports Division 1 -- Treasurer's reports 59. Treasurer's reports and statements The Treasurer's duties with respect to financial reports and 5 statements are set out in the Government Financial Responsibility Act 2000. Division 2 -- Annual reports by agencies 60. Interpretation for sections 60 and 61 (1) In this section and section 61 -- 10 "affiliated body", of an agency, means -- (a) a body -- (i) that is formed or incorporated by an instrument under a written law or by administrative action; and 15 (ii) that is financially dependent on the agency; and (iii) that is not subject to the operational control of the agency as a consequence of the independent exercise of control over its 20 operations under authority provided for in the instrument that formed or created the body or by subsequent amendment of that instrument; and (iv) that is not a subsidiary body or a related body 25 of an agency nor itself an agency; or (b) a body that is determined by the Treasurer, by written notice given to the agency, to be an affiliated body of the agency; page 39 Financial Management Bill 2006 Part 5 Reports Division 2 Annual reports by agencies s. 60 "operational control", of an agency in relation to a body, means that the agency has the capacity to exercise direction over the operation of the body; "related body", of an agency, means -- 5 (a) a body -- (i) that is formed or incorporated under a written law or by administrative action taken independently of the agency; and (ii) that is financially dependent on the agency; 10 and (iii) that is subject to the operational control of the agency; and (iv) that is not a subsidiary body of an agency nor itself an agency; 15 or (b) a body that is determined by the Treasurer, by written notice given to the agency, to be a related body of the agency; "subsidiary body", of an agency, means -- 20 (a) a body -- (i) that is a company as defined in the Commonwealth Corporations Act 2001 section 9 or formed or incorporated under equivalent laws of a place other than a State 25 or Territory; and (ii) in respect of which the agency has the capacity to dominate decision making, directly or indirectly, in relation to the financial and operating policies of the body so 30 as to enable the body to operate with the agency in pursuing the agency's objectives; and page 40 Financial Management Bill 2006 Reports Part 5 Annual reports by agencies Division 2 s. 61 (iii) that is not itself an agency; or (b) a body that is declared under an Act to be a subsidiary of the agency and is not itself an agency; 5 or (c) a body that is determined by the Treasurer, by written notice given to the agency, to be a subsidiary of the agency. (2) Despite the definitions of "affiliated body" and "related body" 10 in subsection (1), the regulations may prescribe that, for the purposes of this Part, a specified body is taken not to be an affiliated body or a related body of a specified agency. (3) In subsection (2) -- "specified" means specified in the regulations. 15 61. Annual reports by accountable authorities (1) After the end of each financial year the accountable authority of an agency is to prepare an annual report that contains -- (a) financial statements for the financial year; and (b) key performance indicators; and 20 (c) a report on the operations of the agency during the financial year; and (d) any information prescribed by the Treasurer's instructions; and (e) if applicable, the reports referred to in subsections (2) 25 and (3); and (f) any other information required by a written direction given by the Minister. (2) The accountable authority of an agency is to include in the annual report for a financial year covered by a resource 30 agreement a report on the extent to which the agency achieved any objectives described in the resource agreement. page 41 Financial Management Bill 2006 Part 5 Reports Division 2 Annual reports by agencies s. 62 (3) An agency that -- (a) is a department or statutory authority; and (b) has an affiliated body or a related body, is to include in the annual report for a financial year a report on 5 the affiliated body or related body that contains in respect of the financial year the information prescribed by the Treasurer's instructions. (4) Unless an Act provides otherwise, the financial year of an agency ends on 30 June. 10 (5) An agency that has a subsidiary body is to exercise its control over that subsidiary body so as to ensure that the accountable authority of the agency is provided with all the information relating to the subsidiary body that the accountable authority needs to comply with this section, section 62 and the 15 Treasurer's instructions. 62. Financial statements (1) Unless the Treasurer approves otherwise, the financial statements referred to in section 61(1)(a) are to be prepared in accordance with the accounting standards and other 20 requirements issued by the Australian Accounting Standards Board. (2) Without limiting subsection (1), the financial statements referred to in section 61(1)(a) -- (a) are to include -- 25 (i) any financial statements and information prescribed by the Treasurer's instructions; and (ii) any other financial information required by a written direction given by the Minister; and 30 (b) are to be certified in the manner prescribed by the Treasurer's instructions. page 42 Financial Management Bill 2006 Reports Part 5 Annual reports by agencies Division 2 s. 63 (3) In subsection (1) -- "Australian Accounting Standards Board" means the body of that name continued in existence under the Commonwealth Australian Securities and Investments Commission 5 Act 2001. 63. Accountable authorities to submit financial reports and other information (1) The accountable authority of an agency is to submit to the Auditor General -- 10 (a) the financial statements and key performance indicators referred to in section 61(1)(a) and (b); and (b) any other information referred to in section 61(1)(d) that is required by the Treasurer's instructions to be submitted to the Auditor General under this subsection. 15 (2) The accountable authority of an agency is to submit to the Minister -- (a) the annual report prepared by the accountable authority under section 61(1); and (b) unless the audit of the agency's accounts in respect of 20 the relevant financial year has been dispensed with under the Auditor General Act 2006 section 14(2) -- a copy of the opinion of the Auditor General prepared and signed under section 15 of that Act. 64. Minister to table accountable authority's report 25 (1) The Minister is to cause to be laid before each House of Parliament, or dealt with under section 83, within the prescribed period after the end of a financial year of an agency -- (a) a copy of the annual report for the financial year prepared by the accountable authority of the agency 30 under section 61; and (b) unless the audit of the agency's accounts in respect of the financial year has been dispensed with under the page 43 Financial Management Bill 2006 Part 5 Reports Division 2 Annual reports by agencies s. 65 Auditor General Act 2006 section 14(2) -- a copy of the opinion of the Auditor General prepared and signed under section 15 of that Act. (2) In subsection (1) -- 5 "prescribed period" means -- (a) 90 days; or (b) any shorter period that is prescribed by the regulations for the purposes of this definition. 65. Minister to inform Parliament if annual report and Auditor 10 General's opinion cannot be tabled on time (1) If the Minister is not able to cause a copy of an annual report and if applicable, the opinion of the Auditor General referred to in section 64(1) to be laid before each House of Parliament, or dealt with under section 83, within the prescribed period after 15 the end of a financial year of an agency, the Minister is to inform both Houses of Parliament, on or before the expiry of that period, of -- (a) the Minister's inability to do so; and (b) the reasons for that inability; and 20 (c) the anticipated date on which those documents will be tabled. (2) If the Minister is not able to comply with subsection (1) in respect of a House of Parliament because that House is not then sitting, the Minister is to inform that House as required by that 25 subsection as soon as is practicable after the expiry of the prescribed period. (3) In this section -- "prescribed period" means the prescribed period referred to in section 64. page 44 Financial Management Bill 2006 Reports Part 5 Reporting on abolition of agencies Division 3 s. 66 Division 3 -- Reporting on abolition of agencies 66. Terms used in this Division In this Division -- "abolition", of an agency that is a department or 5 sub-department, means -- (a) the abolition of the agency; or (b) the amalgamation of the agency with one or more other departments or sub-departments; or (c) the division of the agency into 2 or more departments 10 or sub-departments; "final report" means a report prepared and submitted under section 68(3)(b); "reporting officer" means a person appointed by the Treasurer under section 68(1). 15 67. Purpose of this Division The purpose of this Division is to secure proper accountability on the abolition of an agency. 68. Reporting on abolition of agency (1) Before, on or after the abolition of an agency, the Treasurer is to 20 appoint a person to perform the duties set out in this section. (2) If the abolition takes effect at the end of a financial year of the agency, the reporting officer is to comply with the provisions of sections 61 and 63 in respect of the agency -- (a) for that financial year; and 25 (b) to the extent that those provisions have not been complied with for any earlier financial year of the agency. page 45 Financial Management Bill 2006 Part 5 Reports Division 3 Reporting on abolition of agencies s. 69 (3) If the abolition takes effect at a time other than the end of a financial year of the agency, the reporting officer is to -- (a) comply with the provisions of sections 61 and 63 in respect of the agency to the extent that those provisions 5 have not been complied with for any financial year of the agency that ended before the abolition; and (b) prepare and submit to the Minister a report in respect of the agency for the period starting from the end of the last financial year of the agency to have ended before 10 the abolition and ending with the abolition. (4) The Treasurer may give the reporting officer written directions as to the preparation and submission of the final report. (5) On appointment under subsection (1), the reporting officer has a duty to prepare and submit any report required under this 15 section and to comply with any directions given by the Treasurer under subsection (4). 69. Content of final report (1) The reporting officer is to include in the final report -- (a) financial statements of the kind referred to in 20 section 61(1)(a); and (b) information of the kind referred to in section 61(1)(f). (2) The reporting officer is also to include in the final report, to the extent that it is practicable for the reporting officer to do so -- (a) information of the kind referred to in section 61(1)(b) 25 and (d); and (b) a report of the kind referred to in section 61(1)(c); and (c) if applicable, reports of the kind referred to in section 61(1)(e). page 46 Financial Management Bill 2006 Reports Part 5 Reporting on abolition of agencies Division 3 s. 70 70. Directions by Treasurer (1) Directions given by the Treasurer for the purposes of this Division may include directions -- (a) that specify information to be included in the final 5 report; and (b) so far as is necessary to enable the purposes of this Division to be achieved effectively and without delay -- that modify the application of Division 2 and any related regulations to the final report; and 10 (c) that relate to any supplementary and incidental matters that the Treasurer thinks desirable to ensure proper accountability in respect of the abolished agency; and (d) if the abolition of the agency takes effect otherwise than on 30 June in any year -- that specify the date by which 15 the final report is to be prepared and submitted to the Minister; and (e) if there is no Minister responsible or there is doubt as to whether there is a Minister responsible -- that specify (after necessary consultations) the Minister who is to be 20 the Minister for the purposes of the application of sections 61, 64 and 83 to the final report. (2) The Treasurer may amend or cancel a direction given for the purposes of this Division. 71. Reporting officers entitled to reasonable assistance and 25 facilities and access to accounts (1) For the purposes of this Division, the reporting officer is entitled to be provided with reasonable assistance and facilities and to have full and free access at all reasonable times to all accounts and any other information, documents and records, in the 30 possession of any person, that the reporting officer considers necessary for those purposes. page 47 Financial Management Bill 2006 Part 5 Reports Division 3 Reporting on abolition of agencies s. 72 (2) The reporting officer may make copies of, or take extracts from, any of those accounts, documents or records or make a record of any of that information. (3) A person who has possession of any accounts, information, 5 documents or records of the kind referred to in subsection (1) must at any reasonable time, on the request of the reporting officer, produce any of those accounts, documents or records, or any of that information, specified in the request. Penalty: a fine of $10 000. 10 72. Reporting officers to submit financial statements and information to Auditor General (1) Subject to any directions given by the Treasurer for the purposes of this Division, the reporting officer is to submit for the opinion of the Auditor General -- 15 (a) the financial statements referred to in section 69(1)(a); and (b) the information (if applicable) referred to in section 69(2)(a). (2) Subject to any necessary modifications, this Act applies to those 20 financial statements and that information (if applicable) in the same way that it applies to -- (a) financial statements referred to in section 61(1)(a); and (b) information referred to in section 61(1)(b) and (d). (3) Sections 64, 65 and 83 apply to the final report in the same way 25 that they apply to an annual report referred to in section 61, but the prescribed period referred to in section 64(1) is taken to be 14 days after the final report is submitted to the Minister. page 48 Financial Management Bill 2006 Miscellaneous Part 6 Delegations and authorisations Division 1 s. 73 Part 6 -- Miscellaneous Division 1 -- Delegations and authorisations 73. Term used in this Division In this Division -- 5 "Treasury Corporation official" means a person employed or engaged for the purposes of the Western Australian Treasury Corporation established by the Western Australian Treasury Corporation Act 1986. 74. Delegation by Treasurer 10 (1) The Treasurer may delegate to a Minister any power or duty of the Treasurer under another provision of this Act. (2) The Treasurer may delegate to an officer of the Treasury any power or duty of the Treasurer under another provision of this Act. 15 (3) The Treasurer may delegate to a Treasury Corporation official the power of the Treasurer under section 37. 75. Delegation by Ministers A Minister may delegate to an officer of the Treasury any power or duty delegated to the Minister under section 74(1). 20 76. Delegation and authorisation by Under Treasurer (1) The Under Treasurer may delegate to a Treasury Corporation official any power of the Treasurer under section 37 delegated to the Under Treasurer under section 74(2). (2) The Under Treasurer may authorise an officer of the Treasury to 25 exercise or perform any power or duty -- (a) delegated to the Under Treasurer under section 74(2); or (b) conferred on the Under Treasurer by the Treasurer's instructions. page 49 Financial Management Bill 2006 Part 6 Miscellaneous Division 1 Delegations and authorisations s. 77 77. General provisions about delegations and authorisations (1) A delegation under this Division or an authorisation under section 76(2) is to be in writing signed by the person making the delegation or giving the authorisation. 5 (2) A person exercising or performing a power or duty -- (a) that has been delegated to the person under this Division; or (b) that the person is authorised to exercise or perform under section 76(2), 10 is taken to do so in accordance with the terms of the delegation or authorisation unless the contrary is shown. (3) A person (the "delegate") exercising or performing a power or duty -- (a) that has been delegated to the delegate under this 15 Division; or (b) that the delegate is authorised to exercise or perform under section 76(2), is to do so in accordance with any directions given to the delegate by the person -- 20 (c) who delegated the power or duty to the delegate; or (d) who authorised the delegate to exercise or perform the power or duty. (4) The Interpretation Act 1984 sections 58 and 59 apply to an authorisation under section 76(2) in the same way as they apply 25 to a delegation. (5) Unless the contrary is proved, it is to be presumed that a document purporting to have been signed by a delegate of the Treasurer, a Minister or the Under Treasurer, or by a person authorised by the Under Treasurer under section 76(2), was 30 signed by a person who at the time -- (a) was such a delegate or was so authorised; and page 50 Financial Management Bill 2006 Miscellaneous Part 6 Treasurer's instructions Division 2 s. 78 (b) was authorised to sign it. (6) Nothing in this Division limits the ability of the Treasurer, a Minister or the Under Treasurer to perform a function through an officer or agent. 5 Division 2 -- Treasurer's instructions 78. Treasurer's instructions (1) The Treasurer may issue, amend or revoke instructions concerning the principles, practices and procedures to be complied with in the financial management of the State. 10 (2) The Treasurer's instructions are not to be inconsistent with this Act. (3) A person who is an accountable authority or an officer is to comply with the Treasurer's instructions. (4) The Treasurer is to cause notice to be published in the Gazette 15 of the issue, amendment or revocation of Treasurer's instructions, but a notice under this subsection does not need to include the text of the instructions or amendments. (5) The validity of the Treasurer's instructions is not affected by any failure to comply with subsection (4). 20 Division 3 -- Miscellaneous powers and duties 79. Treasurer's power to require information (1) The Treasurer may require the accountable authority or an officer of an agency to provide the Treasurer with any information relating to the financial management of the agency 25 that the Treasurer thinks necessary for the purposes of this Act. (2) A person given a direction under subsection (1) is to provide the information to the Treasurer in the manner and form directed by the Treasurer. page 51 Financial Management Bill 2006 Part 6 Miscellaneous Division 3 Miscellaneous powers and duties s. 80 80. Act of grace payments (1) If the Treasurer is satisfied that it is appropriate to do so because of special circumstances, the Treasurer may authorise an amount to be paid to a person even though the payment would 5 not otherwise be authorised by law or required to meet a legal liability. (2) The Treasurer cannot authorise the payment under this section of an amount that exceeds the amount prescribed by the regulations for the purposes of this subsection unless that 10 payment is approved by the Governor. (3) A payment under this section may be made subject to conditions and, if any such condition is breached, the amount paid may be recovered as a debt due to the State in a court of competent jurisdiction. 15 (4) A request or recommendation to make a payment under this section may be made to the Treasurer in accordance with the Treasurer's instructions. 81. Certain actions and arrangements not to be taken or entered into 20 The Minister and the accountable authority of an agency are to ensure that -- (a) no action is taken or omitted to be taken; and (b) no contractual or other arrangement is entered into, by or on behalf of the Minister or agency that would prevent or 25 inhibit the provision by the Minister to Parliament of information concerning any conduct or operation of the agency. 82. Minister to report decisions not to provide certain information about agencies (1) If the Minister decides that it is reasonable and appropriate not 30 to provide to Parliament certain information concerning any conduct or operation of an agency, then within 14 days after page 52 Financial Management Bill 2006 Miscellaneous Part 6 General Division 4 s. 83 making the decision the Minister is to cause written notice of the decision -- (a) to be laid before each House of Parliament or dealt with under section 83; and 5 (b) to be given to the Auditor General. (2) A notice under subsection (1)(a) is to include the Minister's reasons for making the decision that is the subject of the notice. Division 4 -- General 83. Supplementary provision about laying documents before 10 Parliament (1) If -- (a) at the start of a period referred to in section 23(5), 64(1) or 82(1) in respect of a document a House of Parliament is not sitting; and 15 (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the document to the Clerk of that House and, in the case of the transmission of a copy of an annual report and opinion referred to in section 64(1), the 20 Minister is to make the report and opinion available to the public. (2) A copy of a document transmitted to the Clerk of a House is to be regarded as having been laid before that House. (3) The laying of a copy of a document that is regarded as having 25 occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. 84. Regulations The Governor may make regulations prescribing all matters that 30 are required or permitted by this Act to be prescribed, or are page 53 Financial Management Bill 2006 Part 6 Miscellaneous Division 4 General s. 85 necessary or convenient to be prescribed for giving effect to the purposes of this Act. 85. Review of Act (1) The Minister is to carry out a review of the operation and 5 effectiveness of this Act as soon as is practicable after -- (a) the fifth anniversary of its commencement; and (b) the expiry of each 5 yearly interval after that anniversary. (2) In the course of a review under subsection (1) the Minister is to 10 consider and have regard to -- (a) whether there is a need for this Act to continue; and (b) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act. (3) The Minister is to prepare a report based on a review under 15 subsection (1) and, as soon as is practicable after the report is prepared, is to cause a copy of it -- (a) to be laid before each House of Parliament; and (b) to be given to the Joint Standing Committee on Audit. (4) The Joint Standing Committee on Audit -- 20 (a) is to carry out a review of the report; and (b) in the course of that review, may consider and have regard to any matters that appear to the Joint Standing Committee on Audit to be relevant to the report or the operation and effectiveness of this Act. 25 (5) The Joint Standing Committee on Audit is to prepare a report based on the review and, as soon as is practicable after the report is prepared, is to cause it to be laid before the Legislative Council and the Legislative Assembly. page 54 Financial Management Bill 2006 Statutory authorities Schedule 1 Schedule 1 -- Statutory authorities [s. 3 and 6] Agricultural Practices Board of Western Australia Agricultural Produce Commission 5 Animal Resources Authority Armadale Redevelopment Authority Botanic Gardens and Parks Authority Building and Construction Industry Training Board Bunbury Water Board 10 Busselton Water Board Central TAFE Central West TAFE Challenger TAFE Coal Industry Superannuation Board 15 Commissioner of Main Roads Construction Industry Long Service Leave Payments Board Corruption and Crime Commission Country High School Hostels Authority Country Housing Authority 20 Curriculum Council Curtin University of Technology CY O'Connor College of TAFE Disability Services Commission East Perth Redevelopment Authority 25 Economic Regulation Authority Edith Cowan University Fire and Emergency Services Authority of Western Australia Fire and Emergency Services Superannuation Board Forest Products Commission 30 Gaming and Wagering Commission of Western Australia Gascoyne Development Commission Gold Corporation Goldfields-Esperance Development Commission Government Employees' Housing Authority 35 Government Employees Superannuation Board page 55 Financial Management Bill 2006 Schedule 1 Statutory authorities Great Southern Development Commission Great Southern TAFE Heritage Council of Western Australia Agencies established under the Hospitals and Health Services Act 1927 5 section 7B Hospital boards constituted under the Hospitals and Health Services Act 1927 section 15 and the Minister in relation to any public hospital controlled by the Minister under section 7 of that Act Insurance Commission of Western Australia 10 Keep Australia Beautiful Council (W.A.) Kimberley TAFE Kimberley Development Commission Landcare Trust Law Reform Commission of Western Australia 15 Legal Aid Commission of Western Australia Legal Contribution Trust Legal Costs Committee Local Health Authorities Analytical Committee Lotteries Commission 20 Metropolitan Cemeteries Board Midland Redevelopment Authority Mid West Development Commission Minerals and Energy Research Institute of Western Australia Murdoch University 25 Office of Health Review Parliamentary Inspector of the Corruption and Crime Commission Peel Development Commission Perth International Centre for Application of Solar Energy Perth Market Authority 30 Perth Theatre Trust Pilbara Development Commission Pilbara TAFE Potato Marketing Corporation of Western Australia Professional Combat Sports Commission 35 Professional Standards Council page 56 Financial Management Bill 2006 Statutory authorities Schedule 1 Public Transport Authority of Western Australia Public Trustee Racing and Wagering Western Australia Racing Penalties Appeal Tribunal of Western Australia 5 Real Estate and Business Agents Supervisory Board Recreation Camps and Reserve Board Rottnest Island Authority Rural Business Development Corporation Screen West (Inc.) 10 Settlement Agents Supervisory Board Small Business Development Corporation South West Development Commission South West Regional College of TAFE State Government Insurance Corporation 15 State Supply Commission Subiaco Redevelopment Authority Swan Bells Foundation Incorporated Swan River Trust Swan TAFE 20 The Aboriginal Affairs Planning Authority The Agriculture Protection Board of Western Australia The Anzac Day Trust The Board of the Art Gallery of Western Australia The Burswood Park Board 25 The Coal Miners' Welfare Board of Western Australia The Eastern Goldfields Transport Board The Library Board of Western Australia The National Trust of Australia (W.A.) The Queen Elizabeth II Medical Centre Trust 30 The State Housing Commission The University of Western Australia The Western Australian Museum Trustees of the Public Education Endowment Water and Rivers Commission 35 West Coast TAFE Western Australian Alcohol and Drug Authority Western Australian Building Management Authority page 57 Financial Management Bill 2006 Schedule 1 Statutory authorities Western Australian Coastal Shipping Commission Western Australian Gas Disputes Arbitrator Western Australian Greyhound Racing Association Western Australian Health Promotion Foundation 5 Western Australian Institute of Sport Western Australian Meat Industry Authority Western Australian Planning Commission Western Australian Sports Centre Trust Western Australian Tourism Commission 10 Western Australian Treasury Corporation Wheatbelt Development Commission WorkCover Western Australia Authority Zoological Parks Authority page 58 Financial Management Bill 2006 Modifications to the Act as to certain administrations Schedule 2 Schedule 2 -- Modifications to the Act as to certain administrations [s. 5(2)] The provisions of the Act specified in column 1 are modified and have effect for the 5 purposes of section 5(2) as if they were in the form set out opposite in column 2. Column 1 Column 2 Section Modified form 21 21. (1) The Treasurer may direct that a special purpose account operated by an agency, other than a special purpose account established by an Act, be closed. 48 48. (4) The accountable authority of an agency may, with the prior approval of the Governor, write off relevant amounts that are greater than the monetary limit prescribed for the purposes of subsection (2), subject to any conditions prescribed by the regulations. 52 52. The accountable authority of an agency is responsible for the financial management of the services under the control of the agency. 54 54. (1) The accountable authority of the agency taken to be constituted under section 5(1) by the administration of -- (a) the Legislative Council is the Clerk of the Legislative Council; or (b) the Legislative Assembly is the Clerk of the Legislative Assembly; or (c) the Parliamentary Services Department is the Executive Manager (however designated) of the Parliamentary Services Department; or (d) the Parliamentary Commissioner for Administrative Investigations is the chief executive officer of the department of the Public Service principally assisting in the administration of the Parliamentary Commissioner Act 1971; or (e) the Information Commissioner is the chief executive officer of the department of the Public Service principally assisting in the administration of the Freedom of Information Act 1992, page 59 Financial Management Bill 2006 Schedule 2 Modifications to the Act as to certain administrations Column 1 Column 2 Section Modified form and the accountable authority of an agency taken to be constituted under section 5(1) by the administration of a body or office that is the subject of regulations referred to in that provision is the person appointed, in writing, by the Treasurer to be the accountable authority of that agency. 61 61. (1) After the end of each financial year the accountable authority of an agency is to prepare an annual report that contains -- (a) financial statements for the financial year; and (b) key performance indicators; and (c) a report on the operations of the agency during the financial year; and (d) any information prescribed by the Treasurer's instructions; and (e) if applicable, the reports referred to in subsections (2) and (3). 62 62. (2) Without limiting subsection (1), the financial statements referred to in section 61(1)(a) -- (a) are to include any financial statements and information prescribed by the Treasurer's instructions; and (b) are to be certified in the manner prescribed by the Treasurer's instructions. 63 63. (2) The accountable authority of an agency is to submit to the Treasurer -- (a) the annual report prepared by the accountable authority under section 61(1); and (b) unless the audit of the agency's accounts in respect of the relevant financial year has been dispensed with under the Auditor General Act 2006 section 14(2) -- a copy of the opinion of the Auditor General prepared and signed under section 15 of that Act. page 60 Financial Management Bill 2006 Modifications to the Act as to certain administrations Schedule 2 Column 1 Column 2 Section Modified form 64 64. (1) The accountable authority of an agency is to transmit to both Houses of Parliament within the prescribed period after the end of a financial year of the agency -- (a) copies of the annual report for the financial year prepared by the accountable authority under section 61(1); and (b) unless the audit of the agency's accounts in respect of the financial year has been dispensed with under the Auditor General Act 2006 section 14(2) -- a copy of the opinion of the Auditor General prepared and signed under section 15 of that Act. 65 65. (1) If the accountable authority of an agency is not able to transmit copies of the annual report and, if applicable, the opinion of the Auditor General referred to in section 64(1) to both Houses of Parliament within the prescribed period after the end of the financial year, the accountable authority is to inform both Houses of Parliament, on or before the expiry of that period, of -- (a) the accountable authority's inability to do so; and (b) the reasons for that inability; and (c) the anticipated date on which those documents will be transmitted. 65. (2) If the accountable authority of an agency is not able to comply with subsection (1) in respect of a House of Parliament because that House is not then sitting, the accountable authority is to inform that House as required by that subsection as soon as is practicable after the expiry of the prescribed period. For the purposes of section 5(2), Part 3 Division 5 does not have effect. page 61 Financial Management Bill 2006 Schedule 3 Modifications to the Act as to the Office of the Auditor General Schedule 3 -- Modifications to the Act as to the Office of the Auditor General [s. 5(3)] The provisions of the Act specified in column 1 are modified and have effect for the 5 purposes of section 5(3) as if they were in the form set out opposite in column 2. Column 1 Column 2 Section Modified form 21 21. (1) The Treasurer may direct that a special purpose account operated by the Office of the Auditor General, other than a special purpose account established by an Act, be closed. 48 48. (4) The accountable authority of the Office of the Auditor General may, with the prior approval of the Governor, write off relevant amounts that are greater than the monetary limit prescribed for the purposes of subsection (2), subject to any conditions prescribed by the regulations. 52 52. The accountable authority of the Office of the Auditor General is responsible for the financial management of the services under the control of the Office of the Auditor General. 54 54. (1) The Auditor General is the accountable authority of the Office of the Auditor General. 61 61. (1) After the end of each financial year the accountable authority of the Office of the Auditor General is to prepare an annual report that contains -- (a) financial statements for the financial year; and (b) key performance indicators; and (c) a report on the operations of the Office of the Auditor General during the financial year; and (d) any information prescribed by the Treasurer's instructions unless, in the opinion of the Auditor General, this information would compromise the Auditor General's independence; and (e) if applicable, the reports referred to in subsections (2) and (3). page 62 Financial Management Bill 2006 Modifications to the Act as to the Office of the Auditor General Schedule 3 Column 1 Column 2 Section Modified form 62 62. (2) Without limiting subsection (1), the financial statements referred to in section 61(1)(a) -- (a) are to include any financial statements and information prescribed by the Treasurer's instructions; and (b) are to be certified in the manner prescribed by the Treasurer's instructions. 63 63. (2) After receiving the opinion of the independent auditor appointed in accordance with the Auditor General Act 2006 section 38, the Auditor General is to transmit copies of the annual report for a financial year prepared by the accountable authority under section 61(1) together with a copy of the opinion of the independent auditor to both Houses of Parliament within 90 days after the end of the financial year. 65 65. (1) If the Auditor General is not able to transmit copies of the annual report and the opinion of the independent auditor referred to in section 63(2) to both Houses of Parliament within 90 days after the end of the financial year, the Auditor General is to inform both Houses of Parliament, on or before the expiry of that period, of -- (a) the Auditor General's inability to do so; and (b) the reasons for that inability; and (c) the anticipated date on which those documents will be transmitted. 65. (2) If the Auditor General is not able to comply with subsection (1) in respect of a House of Parliament because that House is not then sitting, the Auditor General is to inform that House as required by that subsection as soon as is practicable after the expiry of the period referred to in that subsection. For the purposes of section 5(3), Part 3 Division 5 and section 64 do not have effect. page 63 Financial Management Bill 2006 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) abolition......................................................................................................... 66 accountable authority........................................................................................ 3 affiliated body ............................................................................................60(1) agency.............................................................................................................. 3 agency special purpose account ........................................................................ 3 annual estimates .........................................................................................40(1) Appropriation Act ............................................................................................ 3 Australian Accounting Standards Board......................................................62(3) authorised person .......................................................................................51(1) bank................................................................................................................. 3 Consolidated Account....................................................................................... 3 current year ................................................................................................24(1) delegate......................................................................................................77(3) department ....................................................................................................... 3 determination .............................................................................................23(1) final report ..................................................................................................... 66 general purpose ..........................................................................................25(1) investment..................................................................................................38(1) Joint Standing Committee on Audit .................................................................. 3 loss ................................................................................................................ 47 Minister ........................................................................................................... 3 officer .............................................................................................................. 3 official loss ................................................................................................51(1) official money ................................................................................................ 47 official property.............................................................................................. 47 operating account .......................................................................................26(1) operational control......................................................................................60(1) other money ...........................................................................................3, 15(2) other property................................................................................................... 3 prescribed conditions..................................................................................56(1) prescribed period............................................................................. 64(2), 65(3) prescribed receipts......................................................................................23(1) previous year..............................................................................................24(1) public authority ..........................................................................................28(2) Public Bank Account........................................................................................ 3 Public Bank Account Interest Earned Account .................................................. 3 Public Ledger ................................................................................................... 3 public money.................................................................................................... 3 public property................................................................................................. 3 page 64 Financial Management Bill 2006 Defined Terms regulated payment ......................................................................................32(2) regulated transfer........................................................................................32(2) related body ...............................................................................................60(1) relevant accountable authority ....................................................................36(1) relevant amounts ........................................................................................48(1) relevant authority ........................................................................................... 47 relevant commitment ..................................................................................26(1) relevant person ...........................................................................................36(1) relevant service ..........................................................................................21(3) reporting officer ............................................................................................. 66 resource agreement........................................................................................... 3 responsible person ......................................................................................51(1) special purpose account .................................................................................... 3 specified.....................................................................................................60(3) statutory authority ............................................................................................ 3 statutory authority money ................................................................................. 3 sub-department................................................................................................. 3 subsidiary body ..........................................................................................60(1) the estimates..................................................................................................... 3 Treasurer.......................................................................................................... 3 Treasurer's instructions .................................................................................... 3 Treasury........................................................................................................... 3 Treasury Corporation official.......................................................................... 73 Under Treasurer ............................................................................................... 3
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