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This is a Bill, not an Act. For current law, see the Acts databases.


TREASURER'S ADVANCE AUTHORISATION BILL 2005

                     Western Australia


Treasurer's Advance Authorisation Bill 2005

                       CONTENTS


1.   Short title                                           1
2.   Commencement                                          2
3.   Terms used in this Act                                2
4.   Treasurer's Advance Authorisation for 2005-2006       3
5.   Purposes for which money can be paid or advanced      3
6.   Crediting of amounts recouped or recovered            4
7.   Treasurer's Advance Authorisation Act 2004 amended    5




                         034--1                            page i
                               Western Australia


                          LEGISLATIVE ASSEMBLY



         Treasurer's Advance Authorisation Bill 2005


                                   A Bill for


    An Act to authorise the Treasurer to make certain payments and
    advances and to specify a limit for the payments and advances so
    authorised for the financial year commencing on 1 July 2005, and to
5   amend the Treasurer's Advance Authorisation Act 2004 section 4.




    The Parliament of Western Australia enacts as follows:

    1.      Short title
            This is the Treasurer's Advance Authorisation Act 2005.




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     Treasurer's Advance Authorisation Bill 2005



     s. 2




     2.       Commencement
              This Act comes into operation on the day on which it receives
              the Royal Assent.

     3.       Terms used in this Act
 5            In this Act, unless the contrary intention appears --
              "2005 financial year" means the financial year commencing on
                   1 July 2005;
              "Consolidated Fund" means the Fund of that name established
                   by the Constitution Act 1889 section 64 and referred to in
10                 the Financial Administration and Audit Act 1985 section 6;
              "existing works and services advance" means so much of any
                  advance made before 1 July 2005 under section 5(1)(b)
                  or (c) of a previous TAA Act as has not been recouped or
                  recovered before 1 July 2005;
15            "local governments" means local governments or regional
                  local governments established under the Local Government
                  Act 1995;
              "previous TAA Act" means an Act enacted for purposes
                  similar to those of this Act in relation to a financial year
20                commencing before 1 July 2005;
              "public authorities" means the Governor in Executive Council,
                  Ministers of the Crown in right of the State, Government
                  departments, State trading concerns, State instrumentalities,
                  State agencies, and public statutory bodies, corporate or
25                unincorporate, established by or under a law of the State;
              "Treasurer" means the Treasurer of the State;
              "Treasurer's Advance Account" means the Account of that
                  name referred to in the Financial Administration and Audit
                  Act 1985 section 8;




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                                     Treasurer's Advance Authorisation Bill 2005



                                                                                s. 4



                "Trust Fund" means the Fund of that name referred to in the
                    Financial Administration and Audit Act 1985 section 9.
     4.         Treasurer's Advance Authorisation for 2005-2006
          (1)   During the 2005 financial year the Treasurer is authorised to
 5              make payments or advances under this Act but the aggregate
                of --
                  (a) the payments and advances made; and
                  (b) any existing works and services advances,
                is not to exceed $300 000 000.
10        (2)   In calculating the aggregate mentioned in subsection (1) at any
                point of time in the 2005 financial year, no account is to be
                taken of so much of --
                  (a) any advance under section 5(1)(b) or (c); or
                  (b) any existing works and services advance,
15              as has been recouped or recovered in the 2005 financial year.
     5.         Purposes for which money can be paid or advanced
          (1)   Subject to section 4(1) and the Financial Administration and
                Audit Act 1985, the Treasurer may in the 2005 financial year --
                 (a) make payments of an extraordinary or unforseen nature
20                     in anticipation of, or in addition to, the relevant
                       appropriations by Parliament, with that expenditure to
                       be charged in the 2005 financial year to the
                       Consolidated Fund and to be subsequently submitted to
                       Parliament for appropriation from the Consolidated
25                     Fund;
                 (b) make advances, on such terms as the Treasurer thinks
                       fit, for the temporary financing of works and services of
                       the State or to officers of public authorities including
                       advances --
30                        (i) to public authorities;
                         (ii) to accounts forming part of the Trust Fund; or

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     Treasurer's Advance Authorisation Bill 2005



     s. 6



                        (iii)   for the purchase of stores,
                       with those advances to be charged in the 2005 financial
                       year to the Treasurer's Advance Account and to be
                       recouped by charging the specific appropriation of
 5                     Parliament applicable to them with the expenditure on
                       those works or services or by recovering the advances
                       from the public authorities, Trust Fund accounts or
                       officers of public authorities to or on whose account the
                       advances were made; and
10               (c)   make advances, on such terms as the Treasurer thinks
                       fit, for the temporary financing of works and services
                       undertaken in conjunction with, or on behalf of, other
                       Commonwealth, State or Territory Governments, local
                       governments or persons, or by those Governments, local
15                     governments or persons on behalf of the State, with
                       those advances to be charged in the 2005 financial year
                       to the Treasurer's Advance Account and to be recovered
                       from the Governments, local governments or persons to
                       or on whose account the advances were made.
20        (2)   The terms of an advance under subsection (1)(b) or (c) may
                include an obligation to pay interest on the advance at a rate
                determined by the Treasurer and any such interest received is to
                be credited to the Consolidated Fund.
     6.         Crediting of amounts recouped or recovered
25              The following are to be credited to the Treasurer's Advance
                Account --
                 (a) any portion of an advance under section 5(1)(b) or (c)
                        that is recouped or recovered under section 5(1)(b)
                        or (c);
30               (b) any portion of an existing works or services advance
                        that is recouped or recovered under section 5(1)(b) or (c)
                        of a previous TAA Act.




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                                    Treasurer's Advance Authorisation Bill 2005



                                                                           s. 7



    7.         Treasurer's Advance Authorisation Act 2004 amended
         (1)   The amendments in this section are to the Treasurer's Advance
               Authorisation Act 2004*.
               [* Act No. 19 of 2004.]
5        (2)   Section 4(1) is amended by deleting "$300 000 000" and
               substituting the following --
               "   $750 000 000 ".




 


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