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Financial Management and Accountability Act 1997

  • - C2012C00510
  • In force - Superseded Version
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Act No. 154 of 1997 as amended, taking into account amendments up to Financial Framework Legislation Amendment Act (No. 3) 2012
An Act to provide for the proper use and management of public money, public property and other Commonwealth resources, and for related purposes
Administered by: Finance
Registered 02 Jul 2012
Start Date 28 Jun 2012
End Date 28 May 2013

Financial Management and Accountability Act 1997

Act No. 154 of 1997 as amended

This compilation was prepared on 28 June 2012
taking into account amendments up to Act No. 
77 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Reader’s guide

                   This Guide aims to give you a general overview of the matters covered by this Act. It also gives you some information about the way this Act is organised.

Overview of this Act

                   The main purpose of this Act is to provide a framework for the proper management of public money and public property. Public money and public property are defined in section 5. Broadly, those terms refer to money or property that is owned or held by the Commonwealth, including money or property held on trust.

                   This Act contains rules about how public money and property are to be dealt with. Many of the detailed rules are in regulations made under section 65.

                   Many of the rules in this Act apply to officials of Agencies and to Chief Executives of Agencies. Agency, official and Chief Executive are defined in section 5.

Summary of this Act

        Part 1  Preliminary: This Part deals with the commencement of this Act, its application to things outside Australia and its application to the Crown.

        Part 2  General provisions about definitions: This Part contains definitions of terms that are frequently used throughout this Act and general provisions about notional payments and receipts by Agencies.

        Part 3  Collection, custody etc. of public money: This Part deals with the collection and custody of public money. It deals with matters such as banking and liability for loss of public money.

        Part 4  Accounting, appropriations and payments: This Part establishes an accounting framework for public money that involves the Consolidated Revenue Fund and Special Accounts. This Part has a number of rules that apply to the adjustment of appropriations in certain circumstances. It also deals with miscellaneous matters such as act of grace payments by the Commonwealth and waiver of debts owing to the Commonwealth.

        Part 5  Borrowing, investment and involvement in companies: This Part gives the Finance Minister limited powers to borrow money on behalf of the Commonwealth. It also deals with the investment of public money, and a Minister’s obligation to inform the Parliament of the Commonwealth or a prescribed body’s involvement in a company.

        Part 6  Control and management of public property: This Part has rules about the control and management of public property. It deals with matters such as misapplication of public property and liability for loss of public property.

     Part 6A  Interjurisdictional agencies: This Part sets out that the regulations may prescribe a Commonwealth agency as an interjurisdictional agency. An interjurisdictional agency involves, jointly, the Commonwealth and participating State and/or Territory jurisdictions in the governance of that agency. This Part also provides that the regulations may set out the obligations on Chief Executives of interjurisdictional agencies.

        Part 7  Special responsibilities of Chief Executives: The rules in this Part apply to Chief Executives of Agencies. The rules deal generally with the control and management of public money and public property for which Chief Executives have a management responsibility.

        Part 8  Reporting and audit: This Part deals with the preparation and audit of financial statements of the Commonwealth. It also deals with the audit of annual financial statements of Agencies.

        Part 9  Miscellaneous: This Part deals with miscellaneous matters such as Finance Minister’s Orders, regulations and delegations.

Related legislation

                   The following Acts are directly relevant to the operation or interpretation of this Act:

                   The Annual Appropriation Acts appropriate money out of the Consolidated Revenue Fund.

                   The Auditor‑General Act 1997 establishes the office of Auditor‑General and sets out the functions of the Auditor‑General. It also provides for the appointment of an Independent Auditor to audit the Australian National Audit Office.

                   The Acts Interpretation Act 1901 contains many general rules about the meaning or effect of many terms and provisions that are commonly used in Commonwealth Acts.

                   The Commonwealth Authorities and Companies Act 1997 contains reporting, accountability and other rules that apply to Commonwealth authorities and Commonwealth companies (which are separate legal entities to the Commonwealth).

                   This list is not exhaustive. Acts other than those listed above might also affect the operation or interpretation of this Act.


Contents

Part 1—Preliminary                                                                                                             1

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ This Act binds the Crown................................................................... 1

4............ This Act extends to things outside Australia....................................... 1

Part 2—General provisions about definitions                                                      2

5............ Definitions.......................................................................................... 2

6............ Notional payments and receipts by Agencies...................................... 4

Part 3—Collection, custody etc. of public money                                               6

8............ Agreements with banks about receipt, transmission etc. of public money                6

9............ Official bank accounts......................................................................... 6

10.......... Public money must be promptly banked etc........................................ 7

11.......... Public money not to be paid into non‑official account......................... 7

12.......... Receipt and spending of public money by outsiders........................... 7

13.......... Money not to be withdrawn from official account without authority.. 8

14.......... Misapplication or improper use of public money................................ 8

15.......... Liability for loss of public money....................................................... 8

16.......... Special Instructions by Finance Minister about handling etc. of special public money             9

Part 4—Accounting, appropriations and payments                                       11

Division 1—Accounts and records in relation to public money           11

19.......... Accounts and records in relation to public money............................. 11

Division 1A—Special Accounts                                                                             12

20.......... Establishment of Special Accounts by Finance Minister................... 12

21.......... Special Accounts established by other Acts...................................... 13

22.......... Disallowance of determinations relating to Special Accounts........... 14

Division 2—Drawing rights                                                                                     15

26.......... Drawing rights required for payment etc. of public money............... 15

27.......... Issue of drawing rights..................................................................... 15

Division 3—Appropriations                                                                                    16

28.......... Repayments by the Commonwealth.................................................. 16

30.......... Repayments to the Commonwealth................................................... 16

30A....... Appropriations to take account of recoverable GST.......................... 16

31.......... Retaining prescribed receipts............................................................. 17

32.......... Transfer of Agency functions........................................................... 18

Division 3A—Recording of amounts in accounts and records             20

32A....... Recording of amounts in accounts and records................................. 20

Division 3B—Supplementary powers to make commitments to spend public money etc.            21

32B....... Supplementary powers to make commitments to spend public money etc.               21

32C....... Terms and conditions for grants........................................................ 22

32D....... Delegation by a Minister................................................................... 22

32E........ Executive power of the Commonwealth............................................ 22

Division 4—Miscellaneous                                                                                       23

33.......... Finance Minister may approve act of grace payments....................... 23

34.......... Finance Minister may waive debts etc............................................... 23

35.......... Set off............................................................................................... 24

36.......... Presiding Officers may approve expenditure.................................... 25

Part 5—Borrowing, investment and involvement in companies             26

37.......... Unauthorised borrowing agreements are invalid............................... 26

38.......... Finance Minister may borrow for short periods................................ 26

39.......... Investment of public money.............................................................. 26

39A....... Minister must inform Parliament of involvement in a company by the Commonwealth or a prescribed body         28

Part 6—Control and management of public property                                  30

40.......... Custody etc. of securities.................................................................. 30

41.......... Misapplication or improper use of public property........................... 30

42.......... Liability for loss etc. of public property............................................ 30

43.......... Gifts of public property..................................................................... 31

Part 6A—Interjurisdictional agencies                                                                     33

43A....... Interjurisdictional agencies................................................................ 33

Part 7—Special responsibilities of Chief Executives                                       34

44.......... Promoting proper use of Commonwealth resources......................... 34

44A....... Keeping responsible Minister and Finance Minister informed.......... 35

45.......... Fraud control plan............................................................................. 35

46.......... Audit committee................................................................................ 35

47.......... Recovery of debts............................................................................. 35

48.......... Accounts and records........................................................................ 36

49.......... Annual financial statements............................................................... 36

50.......... Additional financial statements.......................................................... 37

51.......... Reporting requirements if Agency ceases to exist or Agency functions are transferred           37

52.......... Chief Executive’s instructions........................................................... 37

53.......... Chief Executive may delegate powers............................................... 38

Part 8—Reporting and audit                                                                                        39

54.......... Finance Minister must publish monthly financial statements............ 39

55.......... Preparation of annual statements by Finance Minister...................... 39

56.......... Audit of Finance Minister’s annual financial statements................... 39

57.......... Audit of annual financial statements of Agency................................ 40

Part 9—Miscellaneous                                                                                                       41

58.......... Modifications of Act for intelligence or security agency or prescribed law enforcement agency              41

60.......... Misuse of Commonwealth credit card............................................... 41

62.......... Finance Minister may delegate powers............................................. 42

62A....... Treasurer may delegate powers......................................................... 42

63.......... Finance Minister’s Orders................................................................ 43

64.......... Guidelines by Ministers.................................................................... 43

65.......... Regulations....................................................................................... 43

Notes                                                                                                                                             45


An Act to provide for the proper use and management of public money, public property and other Commonwealth resources, and for related purposes

Part 1Preliminary

  

1  Short title [see Note 1]

                   This Act may be cited as the Financial Management and Accountability Act 1997.

2  Commencement [see Note 1]

             (1)  Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

             (2)  If this Act does not commence under subsection (1) by 1 July in the next calendar year after the calendar year in which this Act receives the Royal Assent, it commences on that 1 July.

3  This Act binds the Crown

                   This Act binds the Crown in right of the Commonwealth, but does not make the Crown liable to be prosecuted for an offence.

4  This Act extends to things outside Australia

                   This Act extends to acts, omissions, matters and things outside Australia (unless the contrary intention appears).


 

Part 2General provisions about definitions

  

5  Definitions

                   In this Act, unless the contrary intention appears:

Agency means:

                     (a)  a Department of State:

                              (i)  including persons who are allocated to the Department (for the purposes of this Act) by regulations made for the purposes of this paragraph; but

                             (ii)  not including any part of the Department that is a prescribed Agency;

                     (b)  a Parliamentary Department, including persons who are allocated to the Department (for the purposes of this Act) by regulations made for the purposes of this paragraph;

                     (c)  a prescribed Agency.

appropriation means an authority under this Act or any other law to draw money from the Consolidated Revenue Fund, whether or not the law concerned uses the word “appropriation” or “appropriated”.

bank means:

                     (a)  a person who carries on the business of banking, either in Australia or outside Australia; or

                     (b)  any other institution:

                              (i)  that carries on a business in Australia that consists of or includes taking money on deposit; and

                             (ii)  the operations of which are subject to prudential supervision or regulation under a law of the Commonwealth, a State or a Territory.

Chief Executive means:

                     (a)  for a prescribed Agency—the person identified by the regulations as the Chief Executive of the Agency; or

                     (b)  for any other Agency—the person who is the Secretary of the Agency for the purposes of the Public Service Act 1999 or the Parliamentary Service Act 1999.

CRF or Consolidated Revenue Fund means the Consolidated Revenue Fund referred to in section 81 of the Constitution.

Department of the Treasury means the Department administered by the Treasurer and includes:

                     (a)  persons who are allocated to the Department (for the purposes of this Act) by regulations made for the purposes of subparagraph (a)(i) of the definition of Agency in this section; or

                     (b)  any part of the Department that is a prescribed Agency.

designated Special Account appropriation means an appropriation under section 21 of this Act that relates to:

                     (a)  the COAG Reform Fund established by the COAG Reform Fund Act 2008; or

                     (b)  a Special Account established by the Nation‑building Funds Act 2008.

Finance Minister means the Minister who administers this Act.

Finance Minister’s Orders means Orders made under section 63.

Minister includes a Presiding Officer.

official means a person who is in an Agency or is part of an Agency.

official account means a bank account referred to in section 9.

Parliamentary Department means a Department of the Parliament established under the Parliamentary Service Act 1999.

prescribed Agency means a body, organisation or group of persons prescribed by the regulations for the purposes of this definition.

Presiding Officer means the President of the Senate or the Speaker of the House of Representatives.

public money means:

                     (a)  money in the custody or under the control of the Commonwealth; or

                     (b)  money in the custody or under the control of any person acting for or on behalf of the Commonwealth in respect of the custody or control of the money;

including such money that is held on trust for, or otherwise for the benefit of, a person other than the Commonwealth.

public property means:

                     (a)  property in the custody or under the control of the Commonwealth; or

                     (b)  property in the custody or under the control of any person acting for or on behalf of the Commonwealth in respect of the custody or control of the property;

including such property that is held on trust for, or otherwise for the benefit of, a person other than the Commonwealth.

Special Account means:

                     (a)  a Special Account that is established by the Finance Minister under section 20; or

                     (b)  a Special Account that is established by an Act other than this Act.

Special Instruction means an instruction by the Finance Minister under section 16.

special public money has the meaning given by section 16.

6  Notional payments and receipts by Agencies

                   If:

                     (a)  either:

                              (i)  an Agency makes a notional payment to another Agency; or

                             (ii)  one part of an Agency makes a notional payment to another part of that Agency; and

                     (b)  the transaction would involve the debiting of an appropriation if the notional payment were a real payment;

then:

                     (c)  this Act applies in relation to the notional payment as if it were a real payment; and

                     (d)  this Act applies in relation to the notional receipt of the notional payment as if it were a real receipt.

Note:          This section applies to transactions that do not actually involve payments or receipts, because the parties to the transaction are merely parts of the Commonwealth, or acting as agents for the Commonwealth. For example, Agency 1 “pays” Agency 2 for services provided by Agency 2. One of the effects of this section is that a drawing right under section 27 will be required for the transaction.


 

Part 3Collection, custody etc. of public money

  

8  Agreements with banks about receipt, transmission etc. of public money

             (1)  The Finance Minister may, on behalf of the Commonwealth, enter into an agreement with any bank:

                     (a)  for the receipt, custody, payment or transmission of public money, either inside or outside Australia; or

                     (b)  for any other matter relating to the conduct of the banking business of the Commonwealth.

             (2)  An agreement under this section may provide for the payment of interest and other charges by the Commonwealth.

             (3)  An agreement under this section may not provide for overdraft drawings by the Commonwealth unless it provides for each drawing to be repaid within 30 days.

Note:          An overdraft drawing consists of the bank meeting the payment of a cheque, or making an “electronic payment” to another account, and in each case debiting the payment against an account that has an insufficient balance. Section 38 deals with overdrafts that arise in respect of advances that are paid to the Commonwealth.

             (4)  An agreement for an overdraft on an official account must not be made except under this section.

             (5)  An agreement under this section may not be made for a period of more than one year unless the agreement can be terminated by the Commonwealth at any time after giving notice of not more than 6 months.

9  Official bank accounts

             (1)  The Finance Minister may open and maintain bank accounts in accordance with agreements under section 8, and must open and maintain at least one such bank account.

             (2)  A bank account must have a name that includes the word “Official”.

             (3)  An account for the receipt, custody, payment or transmission of public money must not be opened except in accordance with this section.

10  Public money must be promptly banked etc.

                   An official or Minister who receives public money (including money that becomes public money upon receipt) must bank it as required by the regulations or otherwise deal with it as required by the regulations. For this purpose, money includes cheques and similar instruments.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

11  Public money not to be paid into non‑official account

                   An official or Minister must not deposit public money in any account other than an official account. For this purpose, money includes cheques and similar instruments.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

12  Receipt and spending of public money by outsiders

             (1)  An official or Minister must not enter into an agreement or arrangement for the receipt, custody or payment of public money by an outsider unless:

                     (a)  the Finance Minister has first given a written authorisation for the agreement or arrangement; or

                     (b)  the agreement or arrangement is expressly authorised by this Act or by another Act.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  An outsider commits an offence if:

                     (a)  the outsider receives or has custody of public money under an agreement or arrangement mentioned in subsection (1); and

                     (b)  the outsider makes a payment of the public money; and

                     (c)  that payment is not authorised by the agreement or arrangement.

Penalty:  Imprisonment for 2 years.

             (3)  In this section:

outsider means any person other than the Commonwealth, an official or a Minister.

13  Money not to be withdrawn from official account without authority

                   An official must not withdraw money from an official account except as authorised by the regulations.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

14  Misapplication or improper use of public money

                   An official or Minister must not misapply public money or improperly dispose of, or improperly use, public money.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

15  Liability for loss of public money

             (1)  If:

                     (a)  a loss of public money occurs; and

                     (b)  at the time of the loss, an official or Minister had nominal custody of the money as described in subsection (2);

the official or Minister is liable to pay to the Commonwealth an amount equal to the loss. However, it is a defence if the person proves that he or she took reasonable steps in all the circumstances to prevent the loss.

             (2)  A person has nominal custody of public money if:

                     (a)  the person holds the money by way of a petty cash advance, “change float” or other advance; or

                     (b)  the person has received the money, but has not yet dealt with it as required by section 10.

             (3)  If:

                     (a)  a loss of public money occurs; and

                     (b)  an official or Minister caused or contributed to the loss by misconduct, or by a deliberate or serious disregard of reasonable standards of care;

the official or Minister is liable to pay to the Commonwealth an amount equal to the loss. However, if the person’s misconduct or disregard was not the sole cause of the loss, the person is liable to pay only so much of the loss as is just and equitable having regard to the person’s share of the responsibility for the loss.

             (4)  A person’s liability under this section that arises when the person is an official or Minister is not avoided merely because the person ceases to be an official or Minister.

             (5)  An amount payable to the Commonwealth under this section is recoverable as a debt in a court of competent jurisdiction.

             (6)  The Commonwealth is not entitled to recover amounts from the same person under both subsections (1) and (3) for the same loss.

             (7)  In this section:

loss includes a deficiency.

16  Special Instructions by Finance Minister about handling etc. of special public money

             (1)  The Finance Minister may, by legislative instrument, issue Special Instructions about special public money, including instructions about:

                     (a)  the custody of special public money;

                     (b)  the investment of special public money;

                     (c)  the application of interest or other amounts derived from the investment of special public money;

                     (d)  the application of special public money in paying the expenses involved in dealing with special public money.

             (2)  In case of inconsistency, Special Instructions override this Act, the regulations and the Finance Minister’s Orders. However, Special Instructions cannot be inconsistent with the terms of any trust that applies to the money concerned.

             (3)  An official or Minister must not contravene any Special Instruction.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (4)  In this section:

special public money means public money that is not held on account of the Commonwealth or for the use or benefit of the Commonwealth.

Note:          Money held by the Commonwealth on trust for another person is an example of special public money.


 

Part 4Accounting, appropriations and payments

Division 1Accounts and records in relation to public money

19  Accounts and records in relation to public money

                   The Finance Minister must cause proper accounts and records to be kept in relation to the receipt and expenditure of public money.

Note:          Section 48 requires Chief Executives of Agencies to keep accounts and records in accordance with the Finance Minister’s Orders.


 

Division 1ASpecial Accounts

20  Establishment of Special Accounts by Finance Minister

             (1)  The Finance Minister may make a written determination that does all of the following:

                     (a)  establishes a Special Account;

                     (b)  allows or requires amounts to be credited to the Special Account;

                     (c)  specifies the purposes for which amounts are allowed or required to be debited from the Special Account.

Note:          See section 32A for when the crediting or debiting of an amount takes effect.

          (1A)  A determination under subsection (1) may specify that an amount may or must be debited from a Special Account established under subsection (1) otherwise than in relation to the making of a real or notional payment.

             (2)  The Finance Minister may make a determination that revokes or varies a determination made under subsection (1).

             (3)  The Finance Minister may make a determination that abolishes a Special Account established under subsection (1).

             (4)  The CRF is hereby appropriated for expenditure for the purposes of a Special Account established under subsection (1), up to the balance for the time being of the Special Account.

Note:          An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.

          (4A)  If the Finance Minister makes a determination that allows an amount standing to the credit of a Special Account to be expended in making payments for a particular purpose, then, unless the contrary intention appears, the amount may also be applied in making notional payments for that purpose.

Note:          This subsection applies to transactions that do not actually involve payments because the parties to the transaction are merely parts of the Commonwealth or acting as agents for the Commonwealth. For example, Agency 1 “pays” Agency 2 for services provided by Agency 2.

             (5)  Whenever an amount is debited against the appropriation in subsection (4), the amount is taken to be also debited from the Special Account.

Sunsetting and disallowance

             (6)  A determination made under subsection (1) or (2) is a legislative instrument, but Part 6 (sunsetting) of the Legislative Instruments Act 2003 does not apply to the determination.

Note:          See section 22 for tabling and disallowance of a determination made under subsection (1) or (2).

             (7)  A determination made under subsection (3) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

21  Special Accounts established by other Acts

             (1)  If another Act establishes a Special Account and identifies the purposes of the Special Account, then the CRF is hereby appropriated for expenditure for those purposes, up to the balance for the time being of the Special Account.

Note 1:       An Act that establishes a Special Account will identify the amounts that are to be credited to the Special Account.

Note 2:       An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.

Note 3:       See section 32A for when the crediting or debiting of an amount takes effect.

          (1A)  If an Act allows an amount standing to the credit of a Special Account to be applied, debited, paid or otherwise used for a particular purpose, then, unless the contrary intention appears, the amount may also be applied, paid or otherwise used in making a notional payment for that purpose.

Note:          This subsection applies to transactions that do not actually involve payments because the parties to the transaction are merely parts of the Commonwealth or acting as agents for the Commonwealth. For example, Agency 1 “pays” Agency 2 for services provided by Agency 2.

             (2)  Whenever an amount is debited against the appropriation in subsection (1), the amount is taken to be also debited from the Special Account.

22  Disallowance of determinations relating to Special Accounts

             (1)  This section applies to a determination made by the Finance Minister under subsection 20(1) or (2).

             (2)  The Finance Minister must cause a copy of the determination to be tabled in each House of the Parliament.

             (3)  Either House may, following a motion upon notice, pass a resolution disallowing the determination. To be effective, the resolution must be passed within 5 sitting days of the House after the copy of the determination was tabled in the House.

             (4)  If neither House passes such a resolution, the determination takes effect:

                     (a)  on the day immediately after the last day upon which such a resolution could have been passed; or

                     (b)  if a later day is specified in the determination—on that later day.


 

Division 2Drawing rights

26  Drawing rights required for payment etc. of public money

                   An official or Minister must not do any of the following except as authorised by a valid drawing right:

                     (a)  make a payment of public money;

                     (b)  request that an amount be debited against a designated Special Account appropriation;

                     (c)  debit an amount against a designated Special Account appropriation.

27  Issue of drawing rights

             (1)  The Finance Minister may issue a drawing right to an official or Minister that authorises the official or Minister to do one or more of the following:

                     (a)  make a payment of public money;

                     (b)  request the debiting of an amount against a designated Special Account appropriation;

                     (c)  debit an amount against a designated Special Account appropriation.

             (2)  If a law requires the payment of an amount of public money and there is an available appropriation for that payment:

                     (a)  the Finance Minister must issue sufficient drawing rights to allow the amount to be paid in full; and

                     (b)  the recipient of any of those drawing rights must exercise the rights in full.

             (3)  If a law permits the payment of an amount of public money, but does not require the payment of that amount, there is no obligation to issue or exercise drawing rights for that amount.

             (4)  The Finance Minister may at any time revoke or amend a drawing right.

             (5)  A drawing right has no effect to the extent to which it purports to authorise the making of a payment of public money for which there is no available appropriation.


 

Division 3Appropriations

28  Repayments by the Commonwealth

             (1)  This section applies if:

                     (a)  an amount is received by the Commonwealth; and

                     (b)  some or all of the amount is required or permitted to be repaid; and

                     (c)  apart from this section there is no appropriation for the repayment.

Note:          For example, this section would apply to a law that requires an application fee to be refunded to an unsuccessful applicant. It would also apply to a contractual obligation to repay a loan.

             (2)  The CRF is appropriated for the repayment.

30  Repayments to the Commonwealth

                   If:

                     (a)  an amount is paid by the Commonwealth; and

                     (b)  an appropriation is debited as a result of the payment; and

                     (c)  some or all of the amount is repaid to the Commonwealth;

the appropriation is increased by an amount equal to the amount repaid.

Note:          See section 32A for when the increase takes effect.

30A  Appropriations to take account of recoverable GST

Recoverable GST on acquisitions

             (1)  If:

                     (a)  a payment in respect of an acquisition is made in reliance on a limited appropriation; and

                     (b)  a GST qualifying amount has arisen or does arise for that acquisition;

then the appropriation is increased by the amount of the GST qualifying amount.

Note:          See section 32A for when the increase takes effect.

Recoverable GST on importations

             (2)  If:

                     (a)  a payment of GST on an importation is made in reliance on a limited appropriation; and

                     (b)  a GST qualifying amount has arisen or does arise for that importation;

then the appropriation is increased by the amount of the GST qualifying amount.

Note:          See section 32A for when the increase takes effect.

Definitions

             (7)  In this section:

acquisition has the same meaning as in the GST Act.

GST has the same meaning as in the GST Act.

GST Act means the A New Tax System (Goods and Services Tax) Act 1999, as it applies because of Division 177 of that Act.

Note:          Under Division 177 of the GST Act, that Act applies notionally to the Commonwealth and Commonwealth entities. They are therefore notionally liable to pay GST, are notionally entitled to input tax credits and notionally have adjustments.

GST qualifying amount means:

                     (a)  an input tax credit (within the meaning of the GST Act); or

                     (b)  a decreasing adjustment (within the meaning of the GST Act).

importation has the same meaning as in the GST Act.

limited appropriation means an appropriation that is limited as to amount.

31  Retaining prescribed receipts

             (1)  This section applies if an Agency receives an amount of a kind prescribed by the regulations for the purposes of this section.

             (2)  The amount specified in the most recent departmental item for the Agency is taken to be increased by an amount equal to the amount received by the Agency.

Note:          See section 32A for when the increase takes effect.

             (3)  In this section:

departmental item means a departmental item in an Appropriation Act.

32  Transfer of Agency functions

             (1)  This section applies if a function of an Agency (the transferring Agency) is transferred to another Agency, either because the transferring Agency is abolished or for any other reason.

Adjustments to appropriations

             (2)  The Finance Minister may determine that one or more Schedules to one or more Appropriation Acts are amended in a specified way. The amendment must be related to the transfer of function.

             (3)  Each Appropriation Act concerned has effect as if the Schedule concerned were amended in accordance with the determination.

No change in overall appropriation

             (4)  A determination under subsection (2) cannot result in a change in the total amount appropriated.

Transfer of function between Parliamentary Departments

             (5)  If the transfer of function is between Parliamentary Departments, the Finance Minister must not make a determination under subsection (2) unless it is in accordance with a written recommendation of the Presiding Officers.

No extension of time limits

             (6)  A determination under subsection (2) does not have the effect of extending any time limit that applies to an appropriation.

Legislative Instruments Act

             (7)  A determination under subsection (2) is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the determination.

             (8)  Despite subsection 12(2) of the Legislative Instruments Act 2003, a determination under subsection (2) of this section may be expressed to take effect before the day it is registered under that Act (including before the day on which it is made).

             (9)  Nothing in subsection (8) authorises expenditure under an appropriation that did not exist at the time of the expenditure.


 

Division 3ARecording of amounts in accounts and records

32A  Recording of amounts in accounts and records

Special Accounts

             (1)  The crediting of an amount to a Special Account, or the debiting of an amount from a Special Account, takes effect at the time an entry connected with the crediting or debiting is made in the accounts and records of the Agency concerned.

Repayments to the Commonwealth

             (2)  The increase to an appropriation in accordance with section 30 takes effect at the time an entry recording the repayment concerned is made in the accounts and records of the Agency concerned.

Recoverable GST

             (3)  The increase to an appropriation in accordance with subsection 30A(1) or (2) takes effect at the time an entry recording the GST qualifying amount is made in the accounts and records of the Agency concerned.

Retaining prescribed receipts

             (4)  The increase to an amount in accordance with subsection 31(2) takes effect at the time an entry recording the receipt of the amount mentioned in subsection 31(1) is made in the accounts and records of the Agency concerned.


 

Division 3BSupplementary powers to make commitments to spend public money etc.

32B  Supplementary powers to make commitments to spend public money etc.

             (1)  If:

                     (a)  apart from this subsection, the Commonwealth does not have power to make, vary or administer:

                              (i)  an arrangement under which public money is, or may become, payable by the Commonwealth; or

                             (ii)  a grant of financial assistance to a State or Territory; or

                            (iii)  a grant of financial assistance to a person other than a State or Territory; and

                     (b)  the arrangement or grant, as the case may be:

                              (i)  is specified in the regulations; or

                             (ii)  is included in a class of arrangements or grants, as the case may be, specified in the regulations; or

                            (iii)  is for the purposes of a program specified in the regulations;

the Commonwealth has power to make, vary or administer the arrangement or grant, as the case may be, subject to compliance with this Act, the regulations, Finance Minister’s Orders, Special Instructions and any other law.

             (2)  A power conferred on the Commonwealth by subsection (1) may be exercised on behalf of the Commonwealth by a Minister or a Chief Executive.

Note 1:       For delegation by a Minister, see section 32D.

Note 2:       For delegation by a Chief Executive, see section 53.

             (3)  In this section:

administer:

                     (a)  in relation to an arrangement—includes give effect to; or

                     (b)  in relation to a grant—includes make, vary or administer an arrangement that relates to the grant.

arrangement includes contract, agreement or deed.

make, in relation to an arrangement, includes enter into.

vary, in relation to an arrangement or grant, means:

                     (a)  vary in accordance with the terms or conditions of the arrangement or grant; or

                     (b)  vary with the consent of the non‑Commonwealth party or parties to the arrangement or grant.

32C  Terms and conditions for grants

Scope

             (1)  This section applies to a grant of financial assistance under section 32B.

Terms and conditions

             (2)  If the recipient of the grant is a State or Territory, the terms and conditions on which that financial assistance is granted are to be set out in a written agreement between the Commonwealth and the recipient.

             (3)  An agreement under subsection (2) may be entered into on behalf of the Commonwealth by a Minister or a Chief Executive.

Note 1:       For delegation by a Minister, see section 32D.

Note 2:       For delegation by a Chief Executive, see section 53.

             (4)  If the recipient of the grant is a person other than a State or Territory, subsection (2) does not, by implication, prevent the grant from being made subject to terms and conditions.

32D  Delegation by a Minister

             (1)  A Minister may, by writing, delegate any or all of his or her powers under this Division to an official in any Agency.

             (2)  In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.

32E  Executive power of the Commonwealth

                   This Division does not, by implication, limit the executive power of the Commonwealth.

Division 4Miscellaneous

33  Finance Minister may approve act of grace payments

             (1)  If the Finance Minister considers it appropriate to do so because of special circumstances, he or she may authorise the making of any of the following payments to a person (even though the payment or payments would not otherwise be authorised by law or required to meet a legal liability):

                     (a)  one or more payments of an amount or amounts specified in the authorisation (or worked out in accordance with the authorisation);

                     (b)  periodical payments of an amount specified in the authorisation (or worked out in accordance with the authorisation), during a period specified in the authorisation (or worked out in accordance with the authorisation).

Note:          See also subparagraph 65(2)(a)(ia) (which allows regulations to be made about the Finance Minister considering a report from specified persons before authorising a total amount that is more than a specified amount).

             (3)  Conditions may be attached to payments under this section. If a condition is breached, the payment may be recovered by the Commonwealth as a debt in a court of competent jurisdiction.

Note:          Act of grace payments under this section must be made from money appropriated by the Parliament. Generally, an act of grace payment can be debited against an Agency’s annual appropriation, providing that it relates to some matter that has arisen in the course of its administration.

34  Finance Minister may waive debts etc.

             (1)  The Finance Minister may, on behalf of the Commonwealth:

                     (a)  waive the Commonwealth’s right to payment of an amount owing to the Commonwealth;

                     (b)  postpone any right of the Commonwealth to be paid a debt in priority to another debt or debts;

                     (c)  allow the payment by instalments of an amount owing to the Commonwealth;

                     (d)  defer the time for payment of an amount owing to the Commonwealth.

Note:          See also subparagraph 65(2)(a)(ia) (which allows regulations to be made about the Finance Minister considering a report from specified persons before waiving a total amount that is more than a specified amount).

             (3)  A waiver may be made either unconditionally or on the condition that a person agrees to pay an amount to the Commonwealth in specified circumstances.

             (4)  In this section:

amount owing to the Commonwealth includes an amount that is owing but not yet due for payment.

35  Set off

             (1)  If:

                     (a)  an amount (the first amount) is owing to the Commonwealth by a person; and

                     (b)  an amount (the second amount) is owing by the Commonwealth to the person;

the Finance Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.

Exceptions

             (2)  Paragraph (1)(b) does not apply in relation to a payment if:

                     (a)  a law of the Commonwealth provides that the payment is absolutely inalienable; or

                     (b)  a law of the Commonwealth provides that the payment is inalienable; or

                     (c)  a law of the Commonwealth provides that the right to the payment cannot be assigned; or

                     (d)  a law of the Commonwealth provides that the payment cannot be assigned.

Definitions

             (3)  In this section:

amount owing by the Commonwealth includes an amount that is owing but not yet due for payment.

amount owing to the Commonwealth includes an amount that is owing but not yet due for payment.

Note:          See also subparagraph 65(2)(a)(iaa) (which allows regulations to be made about the Finance Minister considering a report from specified persons before setting off under this section, in a case where the amount of the set‑off is more than a specified amount).

36  Presiding Officers may approve expenditure

             (1)  The following persons have authority to approve a proposal to spend public money under an appropriation for a Parliamentary Department:

                     (a)  a Presiding Officer, for expenditure under an appropriation for which he or she alone is responsible;

                     (b)  the Presiding Officers jointly, for expenditure under an appropriation for which they are jointly responsible.

             (2)  A Presiding Officer may by written instrument delegate his or her powers under this section to an official. In exercising powers under the delegation, the official must comply with any directions of the Presiding Officer.


 

Part 5Borrowing, investment and involvement in companies

  

37  Unauthorised borrowing agreements are invalid

                   An agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is authorised by an Act. For this purpose, borrowing includes obtaining an advance on overdraft.

38  Finance Minister may borrow for short periods

             (1)  The Finance Minister, on behalf of the Commonwealth, may enter into an agreement with any bank for borrowing money from the bank by way of advances (including advances on overdraft) that are to be paid to the Commonwealth and repaid by the Commonwealth within 90 days.

             (2)  The Finance Minister, on behalf of the Commonwealth, may enter into agreements in accordance with the regulations for borrowing money from banks or other persons. Such an agreement must require the money to be repaid within 60 days after the Commonwealth is notified by the lender of the amount borrowed.

39  Investment of public money

             (1)  The Finance Minister may, on behalf of the Commonwealth, invest public money in any authorised investment.

             (2)  The Treasurer may, on behalf of the Commonwealth, invest public money in any authorised investment.

          (2A)  For the purposes of investing public money under this section in securities of the Commonwealth, the Commonwealth is to be treated as if it were a separate legal entity to the entity issuing the securities.

             (3)  An investment of public money under this section must not be inconsistent with the terms of any trust that applies to the money concerned.

             (4)  If an amount invested under this section was debited from a Special Account, then expenses of the investment may be debited from that Special Account.

             (5)  Upon realisation of an investment of an amount debited from a Special Account, the proceeds of the investment must be credited to that Special Account.

             (6)  At any time before an investment matures, the Finance Minister or Treasurer, as the case requires, may, on behalf of the Commonwealth, authorise the re‑investment of the proceeds upon maturity in an authorised investment with the same entity.

Note:          The proceeds of investment of the original investment will not become public money when the investment matures because the proceeds will not be received by or on behalf of the Commonwealth before the proceeds are re‑invested.

             (9)  The CRF is appropriated as necessary for the purposes of this section.

           (10)  In this section:

authorised investment means:

                     (a)  in relation to the Finance Minister—any of the following investments:

                              (i)  securities of the Commonwealth or of a State or Territory;

                             (ii)  securities guaranteed by the Commonwealth, a State or a Territory;

                            (iii)  a deposit with a bank, including a deposit evidenced by a certificate of deposit;

                            (iv)  any other form of investment prescribed by the regulations; and

                     (b)  in relation to the Treasurer—any of the following investments:

                              (i)  securities of the Commonwealth or of a State or Territory;

                             (ii)  securities guaranteed by the Commonwealth, a State or a Territory;

                            (iii)  a deposit with a bank, including a deposit evidenced by a certificate of deposit;

                            (iv)  debt instruments issued or guaranteed by the government of a foreign country being debt instruments with an investment grade credit rating;

                          (iva)  debt instruments issued or guaranteed by a financial institution whose members consist of foreign countries, or of Australia and foreign countries, being debt instruments with an investment grade credit rating;

                          (ivb)  debt instruments denominated in Australian currency with an investment grade credit rating;

                             (v)  any other form of investment prescribed by the regulations.

39A  Minister must inform Parliament of involvement in a company by the Commonwealth or a prescribed body

             (1)  The Minister who has the responsibility for any of the following events must table a notice of the event in each House of the Parliament as soon as practicable after the event occurs:

                     (a)  the Commonwealth or a prescribed body forms, or participates in forming, a company;

                     (b)  the Commonwealth or a prescribed body acquires shares in a company (either by purchase or subscription) or disposes of shares in a company;

                     (c)  the Commonwealth or a prescribed body becomes a member of a company;

                     (d)  a variation occurs in the rights attaching to company shares held by the Commonwealth or a prescribed body;

                     (e)  a variation occurs in rights of the Commonwealth or a prescribed body as a member of a company;

                      (f)  the Commonwealth or a prescribed body ceases to be a member of a company.

             (2)  The notice must be in the form, and contain the particulars, set out in the regulations.

             (3)  This section does not apply to:

                     (a)  an event mentioned in paragraphs (1)(a) to (f) that occurs in relation to:

                              (i)  an authorised investment made under section 39; or

                             (ii)  an investment made under the Future Fund Act 2006; or

                     (b)  anything that results from the transfer to a Minister of any property that is to be dealt with as unclaimed property under Part 9.7 of the Corporations Act 2001; or

                     (c)  a company that is conducted for the purposes of an intelligence or security agency (within the meaning given by section 85ZL of the Crimes Act 1914).

             (4)  In this section:

company includes a body of a kind prescribed by the regulations for the purposes of this section.

prescribed body means a body corporate that is, or is included in, an Agency.


 

Part 6Control and management of public property

  

40  Custody etc. of securities

                   An official who receives any bonds, debentures or other securities in the course of carrying out duties as an official must deal with them in accordance with the regulations.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

41  Misapplication or improper use of public property

                   An official or Minister must not misapply public property or improperly dispose of, or improperly use, public property.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

42  Liability for loss etc. of public property

             (1)  If:

                     (a)  a loss of public property occurs; and

                     (b)  at the time of the loss, an official or Minister had nominal custody of the property as described in subsection (2);

the official or Minister is liable to pay to the Commonwealth the amount of the loss. However, it is a defence if the person proves that he or she took reasonable steps in all the circumstances to prevent the loss.

             (2)  A person (the custodian) has nominal custody of public property if both of the following conditions are satisfied:

                     (a)  the custodian has taken delivery of the property and has not returned it to the person entitled to receive the property on behalf of the Commonwealth;

                     (b)  when the custodian took delivery of the property the custodian signed a written acknowledgment that the property was delivered on the express condition that the custodian would at all times take strict care of the property.

             (3)  If:

                     (a)  a loss of public property occurs; and

                     (b)  an official or Minister caused or contributed to the loss by misconduct, or by a deliberate or serious disregard of reasonable standards of care;

the official or Minister is liable to pay to the Commonwealth the amount of the loss. However, if the person’s misconduct or disregard was not the sole cause of the loss, the person is liable to pay only so much of the amount of the loss as is just and equitable having regard to the person’s share of the responsibility for the loss.

             (4)  A person’s liability under this section that arises when the person is an official or Minister is not avoided merely because the person ceases to be an official or Minister.

             (5)  An amount payable to the Commonwealth under this section is recoverable as a debt in a court of competent jurisdiction.

             (6)  The Commonwealth is not entitled to recover amounts from the same person under both subsections (1) and (3) for the same loss.

             (7)  In this section:

amount of the loss means:

                     (a)  if the property is damaged—the value of the property or the cost of repairing the property, whichever is less;

                     (b)  in all other cases—the value of the property.

loss includes destruction or damage.

43  Gifts of public property

                   An official or Minister must not make a gift of public property unless:

                     (a)  the making of the gift is expressly authorised by law; or

                     (b)  the Finance Minister has given written approval to the gift being made; or

                     (c)  the Commonwealth acquired the property to use it as a gift.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.


 

Part 6AInterjurisdictional agencies

  

43A  Interjurisdictional agencies

             (1)  The regulations may prescribe:

                     (a)  an Agency to be an interjurisdictional agency for the purposes of this section; and

                     (b)  the persons who comprise an interjurisdictional agency (including employees of a State, for example); and

                     (c)  a Minister of a State, the Australian Capital Territory, or the Northern Territory to be a State/Territory Minister for an interjurisdictional agency.

             (2)  The regulations may provide for the following:

                     (a)  a Chief Executive of an interjurisdictional agency to give to a State/Territory Minister the reports, documents and information in relation to the operations of an interjurisdictional agency that the State/Territory Minister requires, within the time limits set by the State/Territory Minister;

                     (b)  the types of reports, documents and information that a State/Territory Minister may require under paragraph (a);

                     (c)  the circumstances in which a State/Territory Minister may require a Chief Executive to give to the State/Territory Minister the reports, documents and information mentioned in paragraph (b);

                     (d)  anything that is necessary or convenient to be prescribed to give effect to paragraphs (a) to (c).


 

Part 7Special responsibilities of Chief Executives

  

44  Promoting proper use of Commonwealth resources

             (1)  A Chief Executive must manage the affairs of the Agency in a way that promotes proper use of the Commonwealth resources for which the Chief Executive is responsible.

          (1A)  The responsibility conferred on the Chief Executive by subsection (1) includes, and is taken to have included, the power to:

                     (a)  make arrangements, on behalf of the Commonwealth, in relation to the affairs of the Agency; and

                     (b)  vary those arrangements on behalf of the Commonwealth; and

                     (c)  administer those arrangements on behalf of the Commonwealth.

Note:          Some Chief Executives have delegated this power under section 53.

          (1B)  Subsection (1A) does not authorise the Chief Executive to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 32B.

             (2)  In discharging the responsibility, and exercising the power, conferred by this section, the Chief Executive must comply with this Act, the regulations, Finance Minister’s Orders, Special Instructions and any other law.

             (3)  In this section:

administer, in relation to an arrangement, includes give effect to.

arrangement includes contract, agreement or deed.

make, in relation to an arrangement, includes enter into.

proper use means efficient, effective, economical and ethical use that is not inconsistent with the policies of the Commonwealth.

44A  Keeping responsible Minister and Finance Minister informed

             (1)  A Chief Executive must:

                     (a)  give the Minister responsible for the Agency such reports, documents and information in relation to the operations of the Agency as that Minister requires; and

                     (b)  give the Finance Minister such reports, documents and information in relation to the financial affairs of the Agency as that Minister requires.

             (2)  A Chief Executive must comply with a requirement under paragraph (1)(a) or (b) within the time limits set by the Minister concerned.

             (3)  This section does not limit any other power that a Minister has to require information from an Agency.

45  Fraud control plan

                   A Chief Executive must implement a fraud control plan for the Agency. For this purpose, fraud includes fraud by persons outside the Agency in relation to activities of the Agency.

46  Audit committee

             (1)  A Chief Executive must establish and maintain an audit committee with functions that include:

                     (a)  helping the Agency to comply with obligations under this Act, the regulations and Finance Minister’s Orders; and

                     (b)  providing a forum for communication between the Chief Executive, the senior managers of the Agency, the internal auditors of the Agency and the Auditor‑General.

             (2)  The committee must be constituted in accordance with the regulations (if any).

47  Recovery of debts

             (1)  A Chief Executive must pursue recovery of each debt for which the Chief Executive is responsible unless:

                     (a)  the debt has been written off as authorised by an Act; or

                     (b)  the Chief Executive is satisfied that the debt is not legally recoverable; or

                     (c)  the Chief Executive considers that it is not economical to pursue recovery of the debt.

             (2)  For the purposes of subsection (1), a Chief Executive is responsible for:

                     (a)  debts owing to the Commonwealth in respect of the operations of the Agency; and

                     (b)  debts owing to the Commonwealth that the Finance Minister has allocated to the Chief Executive.

48  Accounts and records

             (1)  A Chief Executive must ensure that accounts and records of the Agency are kept as required by the Finance Minister’s Orders.

             (2)  The Finance Minister is entitled to full and free access to the accounts and records kept under subsection (1). However, the Finance Minister’s access is subject to any law that prohibits disclosure of particular information.

49  Annual financial statements

             (1)  A Chief Executive must give to the Auditor‑General the annual financial statements required by the Finance Minister’s Orders.

             (2)  The financial statements must be prepared in accordance with the Finance Minister’s Orders and must give a true and fair view of the matters that those Orders require to be included in the statements.

             (3)  If financial statements prepared in accordance with the Finance Minister’s Orders would not otherwise give a true and fair view of the matters required by those Orders, the Chief Executive must add such information and explanations as will give a true and fair view of those matters.

             (4)  In the financial statements, the Chief Executive must state whether, in his or her opinion, the financial statements give a true and fair view of the matters required by Finance Minister’s Orders.

50  Additional financial statements

                   A Chief Executive must, when required by the Finance Minister, give the Finance Minister financial statements covering a period of less than a financial year. The Finance Minister may require the statements to include some or all of the details that are required to be included in the annual financial statements.

51  Reporting requirements if Agency ceases to exist or Agency functions are transferred

Agency ceases to exist

             (1)  If an Agency (the old Agency) ceases to exist, then, to the extent that its functions are not transferred to one or more other Agencies, the financial statements that would have been required to be prepared under section 49 by the Chief Executive of the old Agency must be prepared by another Chief Executive nominated by the Finance Minister.

Transfer of Agency functions

             (2)  If a function of an Agency (the transferring Agency) is transferred to one or more other Agencies, either because the transferring Agency ceases to exist or for any other reason, the financial statements under section 49 for that function must be prepared by the Chief Executive or Chief Executives nominated by the Finance Minister.

52  Chief Executive’s instructions

             (1)  The regulations may authorise Chief Executives to give instructions to officials in their Agencies on any matter on which regulations may be made under this Act.

             (2)  An instruction cannot create offences or impose penalties.

             (3)  An instruction is not a legislative instrument.

53  Chief Executive may delegate powers

             (1)  A Chief Executive may, by written instrument, delegate any of the following powers and functions to an official in any Agency:

                     (a)  the Chief Executive’s powers or functions under this Act (including powers or functions that have been delegated to the Chief Executive under section 62 or 62A);

                     (b)  the Chief Executive’s power to give instructions under regulations referred to in section 52.

       (1AA)  If:

                     (a)  the Chief Executive delegates a power or function to a person; and

                     (b)  the power or function is not one that has been delegated to the Chief Executive under section 62 or 62A;

the Chief Executive may give directions to the person in relation to the exercise of that power or the performance of that function. The person must comply with any such directions.

          (1A)  If the Chief Executive delegates to a person (the second delegate) a power or function that has been delegated to the Chief Executive under section 62 or 62A, then that power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the Finance Minister or Treasurer.

             (2)  If the Chief Executive is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the Chief Executive under section 62 or 62A, then:

                     (a)  the Chief Executive must give corresponding directions to the second delegate; and

                     (b)  the Chief Executive may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.

             (3)  The second delegate must comply with any directions of the Chief Executive.


 

Part 8Reporting and audit

  

54  Finance Minister must publish monthly financial statements

             (1)  As soon as practicable after the end of each month of a financial year, the Finance Minister must publish financial statements in relation to that month.

             (2)  The statements must be in a form that is consistent with the budget estimates for the financial year.

             (3)  The statements may include any additional information that the Finance Minister considers relevant.

55  Preparation of annual statements by Finance Minister

             (1)  As soon as practicable after the end of each financial year, the Finance Minister must prepare the annual financial statements required by the regulations.

             (2)  The Finance Minister must give the statements to the Auditor‑General as soon as practicable after they are prepared.

             (3)  If the Finance Minister has not given the statements to the Auditor‑General within 5 months after the end of the financial year, the Finance Minister must cause to be tabled in each House of the Parliament a statement of the reasons why the statements were not given to the Auditor‑General within that period.

56  Audit of Finance Minister’s annual financial statements

             (1)  As soon as practicable after receiving financial statements under section 55, the Auditor‑General must examine the statements and prepare an audit report in accordance with the regulations.

             (2)  Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more later supplementary reports.

             (3)  The Auditor‑General must give a copy of each report to the Finance Minister.

             (4)  The Finance Minister must cause a copy of each report to be tabled in each House of the Parliament as soon as practicable after receipt. Except in the case of a supplementary report, the copy that is tabled must be accompanied by a copy of the annual financial statements.

57  Audit of annual financial statements of Agency

             (1)  As soon as practicable after receiving financial statements under subsection 49(1) for an Agency, the Auditor‑General must examine the statements and report in accordance with this section to the Minister responsible for the Agency.

             (2)  In the report, the Auditor‑General must state whether, in the Auditor‑General’s opinion, the financial statements:

                     (a)  have been prepared in accordance with the Finance Minister’s Orders; and

                     (b)  give a true and fair view of the matters required by those Orders.

If the Auditor‑General is not of that opinion, the Auditor‑General must state the reasons.

             (3)  If the Auditor‑General is of the opinion that failing to prepare the financial statements in accordance with the Finance Minister’s Orders has a quantifiable financial effect, the Auditor‑General must quantify that financial effect and state the amount.

             (4)  If the Auditor‑General is of the opinion that the Chief Executive has contravened section 48, the Auditor‑General must state particulars of the contravention.

             (5)  If the Auditor‑General is of the opinion that the Auditor‑General did not obtain all necessary information and explanations, the Auditor‑General must state particulars of the shortcomings.

             (6)  Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more later supplementary reports.

             (7)  A copy of the financial statements and the Auditor‑General’s report or reports must be included in the Agency’s annual report that is tabled in the Parliament.


 

Part 9Miscellaneous

  

58  Modifications of Act for intelligence or security agency or prescribed law enforcement agency

             (1)  The application of this Act to an intelligence or security agency, or to a prescribed law enforcement agency, is subject to any modifications that are prescribed by the regulations.

             (2)  In this section:

intelligence or security agency has the meaning given by section 85ZL of the Crimes Act 1914.

prescribed law enforcement agency means a law enforcement agency, within the meaning of section 85ZL of the Crimes Act 1914, that is prescribed by the regulations for the purposes of this definition.

60  Misuse of Commonwealth credit card

             (1)  An official or Minister must not use a Commonwealth credit card, or a Commonwealth credit card number, to obtain cash, goods or services otherwise than for the Commonwealth.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (2)  Subsection (1) does not apply to a particular use of a Commonwealth credit card or Commonwealth credit card number if:

                     (a)  the use is authorised by the regulations; and

                     (b)  the Commonwealth is reimbursed in accordance with the regulations.

             (3)  In this section:

Commonwealth credit card means a credit card issued to the Commonwealth to enable the Commonwealth to obtain cash, goods or services on credit.

62  Finance Minister may delegate powers

             (1)  The Finance Minister may, by written instrument, delegate to an official any of the Finance Minister’s powers or functions under this Act, except:

                     (a)  the power to issue Special Instructions under section 16; or

                     (b)  the power to make a determination under section 20; or

                     (c)  a function under subsection 39A(1); or

                     (d)  the power to make Orders under section 63.

             (2)  In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

62A  Treasurer may delegate powers

             (1)  The Treasurer may, by signed instrument, delegate to any of the following officials of the Department of the Treasury any of the Treasurer’s powers or functions under this Act, except a function under subsection 39A(1):

                     (a)  an official who is an SES employee;

                     (b)  an official who is an APS employee who holds or performs the duties of an Executive Level 2, or equivalent, position;

                     (c)  an official who occupies an office or position at an equivalent level to that of an SES employee, or an Executive Level 2.

             (2)  The Treasurer may, by signed instrument, give directions in relation to either or both of the following:

                     (a)  the class or classes of authorised investment in which public money may be invested;

                     (b)  matters of risk and return.

             (3)  The Treasurer must not give a direction under subsection (2) that has the purpose, or has or is likely to have the effect, of directly or indirectly requiring a delegate or delegates to allocate financial assets to a particular company, partnership, trust, body politic or business.

             (4)  If, at any time, a delegation is in force under subsection (1), there must be at least one direction in force under subsection (2).

             (5)  In exercising powers or functions under a delegation, a delegate must comply with:

                     (a)  a direction in force under subsection (2); and

                     (b)  any other direction given, by signed instrument, to the delegate by the Treasurer.

             (6)  The Treasurer must table a direction given under subsection (2) or paragraph (5)(b) in each House of the Parliament no later than 15 sitting days of that House after it is given.

             (7)  In this section:

authorised investment has the same meaning as in paragraph (b) of the definition of authorised investment in subsection 39(10).

63  Finance Minister’s Orders

             (1)  The Finance Minister may, by legislative instrument, make Orders:

                     (a)  on any matter on which this Act requires or permits Finance Minister’s Orders to be made; and

                     (b)  on any matter on which regulations may be made.

             (2)  An Order cannot create offences or impose penalties.

64  Guidelines by Ministers

             (1)  The regulations may authorise a Minister to issue guidelines to officials on matters within the Minister’s responsibility. The matters must be ones about which regulations may be made under this Act.

             (2)  A guideline cannot create offences or impose penalties.

             (3)  A guideline is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the guideline.

65  Regulations

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  In particular, the regulations may make provision:

                     (a)  relating to any of the following matters:

                              (i)  handling, spending and accounting for public money;

                            (ia)  the Finance Minister considering a report from specified persons before authorising under subsection 33(1), or waiving under subsection 34(1), a total amount that is more than a specified amount;

                          (iaa)  the Finance Minister considering a report from specified persons before setting off under section 35, in a case where the amount of the set‑off is more than a specified amount;

                            (ib)  the Finance Minister authorising payment of an amount if, at the time of a person’s death, the Commonwealth owed that amount to the person (including authorising without requiring production of probate of the will of the person or letters of administration of the estate of the person);

                             (ii)  commitments to spend public money;

                            (iii)  recovering amounts owing to the Commonwealth;

                            (iv)  using or disposing of public property, or acquiring property that is to be public property;

                     (b)  generally for ensuring or promoting:

                              (i)  the proper use and management of public money, public property and other resources of the Commonwealth;

                             (ii)  proper accountability for the use and management of public money, public property and other resources of the Commonwealth;

                             (c)  for penalties for offences against the regulations by way of fines of up to 10 penalty units

Note:          Section 4AA of the Crimes Act 1914 sets the current value of a penalty unit.


Notes to the Financial Management and Accountability Act 1997

Note 1

The Financial Management and Accountability Act 1997 as shown in this compilation comprises Act No. 154, 1997 amended as indicated in the Tables below.

The Financial Management and Accountability Act 1997 was amended by the Parliamentary Service (Consequential and Transitional) Determination 2000/1 (No. 1 of 2000). The amendment is incorporated in this compilation.

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Financial Management and Accountability Act 1997

154, 1997

24 Oct 1997

1 Jan 1998 (see Gazette 1997, No. GN49)

 

Financial Management Legislation Amendment Act 1999

20, 1999

19 Apr 1999

Ss. 5–9 and Schedule 1 (items 1–33): 1 July 1999 (a)

Ss. 5–9

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (item 481): 5 Dec 1999 (see Gazette 1999, No. S584) (b)

Financial Management and Accountability Amendment Act 2000

80, 2000

30 June 2000

30 June 2000

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000

137, 2000

24 Nov 2000

Ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent
Remainder: 24 May 2001

Sch. 2 (items 418, 419)

Financial Framework Legislation Amendment Act 2005

8, 2005

22 Feb 2005

S. 4, Schedule 1 (items 139–144, 496) and Schedule 2 (items 113–118, 174): Royal Assent

S. 4, Sch. 1 (item 496) and Sch. 2 (item 174)

Financial Framework Legislation Amendment Act (No. 1) 2006

30, 2006

6 Apr 2006

Schedule 2: 1 July 2006
Schedule 3 (item 10): 24 Mar 2005
Remainder: 7 Apr 2006

Financial Framework Legislation Amendment Act (No. 1) 2007

166, 2007

25 Sept 2007

Schedule 1 (items 1–8, 10, 13–16, 19, 21): 1 Jan 2008 (see F2007L04788) Remainder: Royal Assent

Sch. 1 (items 13(2), 14–18)

Commonwealth Securities and Investment Legislation Amendment Act 2008

78, 2008

12 July 2008

Schedule 1 (items 6–9, 15): 13 July 2008

Sch. 1 (item 15)

Financial Framework Legislation Amendment Act 2008

90, 2008

20 Sept 2008

Schedule 1 (items 15–61, 68–74): 20 Mar 2009

Sch. 1 (items 68–74)

Financial Framework Legislation Amendment Act 2010

148, 2010

17 Dec 2010

Schedule 8: 1 Mar 2011

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 6 (items 125–128): 19 Apr 2011

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 604, 605) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 2 (item 605) and Sch. 3 (items 10, 11)

Financial Framework Legislation Amendment Act (No. 1) 2011

89, 2011

4 Aug 2011

Schedule 2: 1 Sept 2011 (see F2011L01793)

Financial Framework Legislation Amendment Act (No. 1) 2012

25, 2012

4 Apr 2012

Schedule 4: 5 Apr 2012

Sch. 4 (items 14, 15)

Financial Framework Legislation Amendment Act (No. 3) 2012

77, 2012

28 June 2012

Schedule 1 (items 2–9): Royal Assent

Sch. 1 (item 9)


(a)     The Financial Management and Accountability Act 1997 was amended by Schedule 1 (items 1–33) only of the Financial Management Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:

                 (1)   If this Act receives the Royal Assent before 1 May 1999, then this Act commences on 1 July 1999.

(b)     The Financial Management and Accountability Act 1997 was amended by Schedule 1 (item 481) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.


Table of Amendments

ad. = added or inserted     am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Reader’s Guide..................

am. No. 20, 1999

Part 2

 

Heading to Part 2..............

rs. No. 148, 2010

S. 5......................................

am. Nos. 20 and 146, 1999; Determination No. 1 of 2000; No. 78, 2008; No. 148, 2010; No. 5, 2011; No. 25, 2012

S. 6......................................

rs. No. 90, 2008

Note to s. 6.........................

rs. No. 20, 1999; No. 90, 2008

S. 7......................................

rep. No. 90, 2008

Part 3

 

Ss. 10, 11............................

am. No. 90, 2008

Heading to s. 12................

rs. No. 90, 2008

S. 12....................................

am. No. 90, 2008

Note to s. 12(2)..................

rep. No. 25, 2012

Ss. 13, 14............................

am. No. 90, 2008

S. 16....................................

am. No. 90, 2008

Part 4

 

Heading to Part 4..............

rs. No. 20, 1999

Division 1

 

Div. 1 of Part 4...................

rs. No. 20, 1999

Ss. 17, 18............................

rep. No. 20, 1999

S. 19....................................

rs. No. 20, 1999

Division 1A

 

Div. 1A of Part 4.................

ad. No. 20, 1999

S. 20....................................

rs. No. 20, 1999

 

am. No. 8, 2005; No. 89, 2011

Note to s. 20(1)..................

ad. No. 166, 2007

Note to s. 20(4)..................

ad. No. 8, 2005

S. 21....................................

rs. No. 20, 1999

 

am. No. 8, 2005

Note to s. 21(1)..................

rep. No. 8, 2005

Notes 1, 2 to s. 21(1).........

ad. No. 8, 2005

Note 3 to s. 21(1)...............

ad. No. 166, 2007

S. 22....................................

rs. No. 20, 1999

 

am. No. 25, 2012

Ss. 23–25............................

rep. No. 20, 1999

Division 2

 

S. 26....................................

am. No. 20, 1999; No. 90, 2008; No. 25, 2012

Note to s. 26.......................

rep. No. 25, 2012

S. 27....................................

am. No. 20, 1999; No. 90, 2008; No. 25, 2012

Division 3

 

Heading to s. 28................

rs. No. 166, 2007

S. 28....................................

am. No. 20, 1999; No. 166, 2007

S. 29....................................

rep. No. 20, 1999

S. 30....................................

rs. No. 20, 1999; No. 166, 2007

S. 30A.................................

ad. No. 80, 2000

 

am. No. 166, 2007

Heading to s. 31................

rs. No. 148, 2010

S. 31....................................

am. No. 20, 1999

 

rs. No. 166, 2007

Subhead. to s. 32(5)..........

am. No. 5, 2011

S. 32....................................

rs. No. 166, 2007

 

am. No. 5, 2011

Division 3A

 

Div. 3A of Part 4.................

ad. No. 166, 2007

Subhead. to s. 32A(4)........

rs. No. 25, 2012

S. 32A.................................

ad. No. 166, 2007

Division 3B

 

Div. 3B of Part 4.................

ad. No. 77, 2012

S. 32B.................................

ad. No. 77, 2012

S. 32C.................................

ad. No. 77, 2012

S. 32D.................................

ad. No. 77, 2012

S. 32E.................................

ad. No. 77, 2012

Division 4

 

S. 33....................................

am. No. 30, 2006; No. 90, 2008

Note to s. 33(1)..................

ad. No. 90, 2008

Note to s. 33(3)..................

ad. No. 30, 2006

 

am. No. 90, 2008

S. 34....................................

am. No. 90, 2008

Note to s. 34(1)..................

ad. No. 90, 2008

S. 35....................................

am. No. 20, 1999

 

rep. No. 90, 2008

 

ad. No. 25, 2012

S. 36....................................

am. No. 5, 2011

Part 5

 

Heading to Part 5..............

rs. No. 148, 2010

S. 39....................................

rs. No. 20, 1999

 

am. Nos. 78 and 90, 2008

Note to s. 39(6)..................

am. No. 90, 2008

S. 39A.................................

ad. No. 148, 2010

Part 6

 

Ss. 40, 41............................

am. No. 90, 2008

S. 43....................................

am. No. 90, 2008

Part 6A

 

Part 6A................................

ad. No. 148, 2010

S. 43A.................................

ad. No. 148, 2010

Part 7

 

Heading to s. 44................

am. No. 90, 2008; No. 148, 2010

 

rs. No. 25, 2012

S. 44....................................

am. No. 90, 2008; No. 148, 2010; No. 77, 2012

Note to s. 44(1)..................

ad. No. 90, 2008

 

rep. No. 77, 2012

S. 44A.................................

ad. No. 90, 2008

S. 46....................................

rs. No. 90, 2008

 

am. No. 89, 2011

Heading to s. 50................

am. No. 90, 2008

S. 50....................................

am. No. 90, 2008

S. 51....................................

rs. No. 90, 2008

S. 52....................................

am. No. 89, 2011

S. 53....................................

am. No. 20, 1999; No. 8, 2005; No. 166, 2007

Part 8

 

S. 54....................................

rs. No. 20, 1999

Part 9

 

Heading to s. 58................

am. No. 30, 2006

S. 58....................................

am. No. 30, 2006; No. 46, 2011

S. 59....................................

am. No. 8, 2005

 

rep. No. 90, 2008

S. 60....................................

am. No. 90, 2008

S. 61....................................

rep. No. 137, 2000

S. 62....................................

am. No. 148, 2010; No. 25, 2012

S. 62A.................................

ad. No. 20, 1999

 

rs. No. 78, 2008

 

am. No. 148, 2010

S. 63....................................

am. No. 90, 2008

S. 64....................................

am. No. 90, 2008; No. 89, 2011

S. 65....................................

am. No. 90, 2008; No. 25, 2012

Appendix A........................

rep. No. 20, 1999


Table A

Application, saving or transitional provisions

Financial Management Legislation Amendment Act 1999 (No. 20, 1999)

5  Conversion of RMF components and CAF components

             (1)  This section applies to each old component that:

                     (a)  was in existence immediately before the commencing time; or

                     (b)  is established by a provision of an Act that comes into operation after the commencing time.

However, this section does not apply to the Loan Consolidation and Investment Reserve.

Note:          Schedule 1 repeals the Loan Consolidation and Investment Reserve Act 1955.

             (2)  The conversion time for the old component is:

                     (a)  the commencing time, if the component was in existence immediately before the commencing time; or

                     (b)  otherwise, the time when the component is established.

             (3)  At the conversion time:

                     (a)  a new account is established in respect of the old component; and

                     (b)  any balance of the old component is to be credited to the new account.

             (4)  The new account is a Special Account for the purposes of the Financial Management and Accountability Act 1997.

             (5)  The name of the new account is:

                     (a)  if the name of the old component ends with “Reserve”—a name that is the same as the name of the old component, but ends with “Account” instead of “Reserve”; or

                     (b)  if the name of the old component ends with “Fund”—a name that is the same as the name of the old component, but ends with “Account” instead of “Fund”; or

                     (c)  if the name of the old component ends with “Account”—a name that is the same as the name of the old component; or

                     (d)  in any other case—the name determined in writing by the Finance Minister for the purposes of this subsection.

             (6)  In relation to matters that happen after the commencing time, a reference in any instrument to the old component is to be read as a reference to the new account and, in particular:

                     (a)  a reference to:

                              (i)  transferring or paying an amount from the Consolidated Revenue Fund to the old component; or

                             (ii)  debiting an amount from the Consolidated Revenue Fund and crediting the amount to the old component;

                            is to be read as a reference to crediting the amount to the new account; and

                     (b)  a reference to:

                              (i)  transferring or paying an amount to the Consolidated Revenue Fund from the old component; or

                             (ii)  debiting an amount from the old component and crediting the amount to the Consolidated Revenue Fund;

                            is to be read as a reference to debiting the amount from the new account; and

                     (c)  a reference to paying an amount out of the old component is to be read as a reference to paying the amount out of the Consolidated Revenue Fund and debiting the amount from the new account.

             (7)  If the old component was established by the Finance Minister under the Financial Management and Accountability Act 1997, then:

                     (a)  the new account is taken to have been established by a determination under section 20 of that Act (as amended by this Act); and

                     (b)  that determination may be revoked or varied under that section; and

                     (c)  the new account may be abolished under that section.

6  Transitional provisions for the Loan Fund

             (1)  In any instrument, a reference to the Loan Fund is to be read as a reference to the Consolidated Revenue Fund, in relation to matters occurring after the commencing time.

             (2)  Without limiting subsection (1):

                     (a)  after the commencing time, any appropriation that is expressed to be an appropriation of the Loan Fund has effect as an appropriation of the Consolidated Revenue Fund; and

                     (b)  after the commencing time, any provision of an instrument that is expressed to require or permit the payment of an amount from the Loan Fund has effect as if it required or permitted the payment of that amount from the Consolidated Revenue Fund.

7  Instruments referring to payments into the Consolidated Revenue Fund

                   In any instrument, a reference to payment of an amount into the Consolidated Revenue Fund is to be read as a reference to payment of the amount to the Commonwealth (unless the amount is already public money).

Note:          Public money is defined in the Financial Management and Accountability Act 1997.

8  Quarterly statements sufficient during transitional period

             (1)  Section 54 of the Financial Management and Accountability Act 1997 has effect in relation to the transitional period as if references to a month of a financial year were references to a quarter of a financial year.

             (2)  In this section:

transitional period means the period:

                     (a)  starting on the day on which this Act commences; and

                     (b)  ending at the end of the third quarter after the quarter in which this Act commences.

9  Regulations

             (1)  The Governor‑General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  In particular, regulations may be made for matters of a transitional or saving nature arising from the amendments made by this Act.

 

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418  Transitional—pre‑commencement offences

(1)       Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

                     (a)  an offence committed before the commencement of this item; or

                     (b)  proceedings for an offence alleged to have been committed before the commencement of this item; or

                     (c)  any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2)       Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419  Transitional—pre‑commencement notices

If:

                     (a)  a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

                     (b)  any or all of those other provisions are repealed by this Schedule; and

                     (c)  the first‑mentioned provision is amended by this Schedule;

the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

 

Financial Framework Legislation Amendment Act 2005 (No. 8, 2005)

4  Saving of matters in Part 2 of Schedule 1

             (1)  If:

                     (a)  a decision or action is taken or another thing is made, given or done; and

                     (b)  the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;

then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.

             (2)  In this section:

Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.

Schedule 1

496  Saving provision—Finance Minister’s determinations

If a determination under subsection 20(1) of the Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.

Schedule 2

174  Saving provision—provisions that formerly referred to the Treasurer

(1)       Any thing that:

                     (a)  was done by the Treasurer, or by a delegate of the Treasurer, before the commencing time under an affected provision; and

                     (b)  was in effect immediately before the commencing time;

continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.

(2)       In this item:

affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.

commencing time means the day this Act receives the Royal Assent.

Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997.

 

Financial Framework Legislation Amendment Act (No. 1) 2007
(No. 166, 2007)

Schedule 1

13  Saving—agreements for “net appropriations”

(2)       Despite the amendment made by item 8, section 31 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of that item) continues to apply after that commencement in relation to agreements entered into before that commencement.

14  Application—repayments by the Commonwealth

The amendment made by item 4 applies in relation to amounts received by the Commonwealth before or after the commencement of that item.

15  Application—repayments to the Commonwealth

The amendment made by item 6 applies in relation to amounts paid by the Commonwealth before or after the commencement of that item.

16  Application—recoverable GST

The amendment made by item 7 applies in relation to payments that occur after the commencement of that item.

17  Saving—transfer of Agency functions

Despite the amendment made by item 9, section 32 of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of that item) continues to apply after that commencement in relation to a change in function that occurred before that commencement.

18  Transitional—directions to delegates

A direction in force under subsection 53(2) of the Financial Management and Accountability Act 1997 immediately before the commencement of this item continues in force after that commencement as if it were a direction given under that subsection after that commencement.

 

Commonwealth Securities and Investment Legislation Amendment Act 2008 (No. 78, 2008)

Schedule 1

15  Application of items 6 to 9

The amendments made by items 6 to 9 of this Schedule apply in relation to public money invested on or after the commencement of those items.

 

Financial Framework Legislation Amendment Act 2008 (No. 90, 2008)

Schedule 1

68  Application—receipt and spending of public money by outsiders

(1)       The amendment made by item 20 applies in relation to agreements or arrangements entered into on or after the commencement of that item.

(2)       Subsection 12(2) of the Financial Management and Accountability Act 1997 (as inserted by this Act) applies in relation to agreements or arrangements entered into on or after the commencement of this item.

69  Application—drawing rights

The amendments made by items 32 and 33 apply in relation to drawing rights issued on or after the commencement of those items.

70  Saving—payments pending probate etc.

Despite the repeal of section 35 of the Financial Management and Accountability Act 1997 made by this Schedule, that section (as in force immediately before the commencement of item 39) continues to apply on and after that commencement in relation to payments that were authorised before that commencement.

71  Transitional—investment of public money

(1)       If the corporation referred to in subsection 39(7) of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 44) held an investment under section 39 of that Act immediately before the commencement of that item, the investment is taken, on and after the commencement of that item, to be held by the Finance Minister on behalf of the Commonwealth.

(2)       If the corporation referred to in subsection 39(8) of the Financial Management and Accountability Act 1997 (as in force immediately before the commencement of item 44) held an investment under section 39 of that Act immediately before the commencement of that item, the investment is taken, on and after the commencement of that item, to be held by the Treasurer on behalf of the Commonwealth.

72  Transitional—audit committees

(1)       This item applies to an audit committee established in accordance with section 46 of the Financial Management and Accountability Act 1997 before the commencement of this item and in existence immediately before that commencement.

(2)       The audit committee continues in existence on and after that commencement for the purposes of section 46 of that Act, as amended by this Act.

(3)       However, if the audit committee does not comply with section 46 of that Act, as amended by this Act, the Chief Executive concerned must take whatever steps are necessary to ensure that the committee does so comply.

73  Saving—provision of information

Despite the repeal of subsection 50(2) of the Financial Management and Accountability Act 1997 made by this Schedule, that subsection (as in force immediately before the commencement of this item) continues to apply on and after that commencement in relation to a requirement made before that commencement.

74  Application—change of Agency functions

The amendment made by item 54 applies in relation to:

                     (a)  Agencies that cease to exist on or after the commencement of that item; and

                     (b)  functions of an Agency that are transferred on or after the commencement of that item.

 

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 2

605  Saving of regulations

The amendment made by item 604 does not affect the validity of regulations in force for the purposes of subsection 58(1) of the Financial Management and Accountability Act 1997 immediately before the commencement of that item.

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

 

Financial Framework Legislation Amendment Act (No. 1) 2012
(No. 25, 2012)

Schedule 4

14  Application—item 3

The amendment made by item 3 of this Schedule applies to determinations made on or after the commencement of that item.

15  Transitional—delegations under section 62

(1)       This item applies to a delegation if:

                     (a)  the delegation was made under subsection 62(1) of the Financial Management and Accountability Act 1997; and

                     (b)  the delegation was in force immediately before the commencement of item 12 of this Schedule.

(2)       The delegation has effect, after the commencement of this item, as if it had been made under subsection 62(1) of the Financial Management and Accountability Act 1997 as amended by item 12 of this Schedule.

 

Financial Framework Legislation Amendment Act (No. 3) 2012
(No. 77, 2012)

Schedule 1

9  Transitional—pre‑commencement arrangements

(1)       This item applies to an arrangement made, or purportedly made, by the Commonwealth before the commencement of this item if:

                     (a)  assuming that:

                              (i)  section 32B of the Financial Management and Accountability Act 1997 as amended by this Schedule; and

                             (ii)  any regulations made for the purposes of subparagraph (1)(b)(i), (ii) or (iii) of that section within the transitional period; and

                            (iii)  the amendments made by Schedule 2 to this Act;

                            had been in force when the arrangement was made or purportedly made, the arrangement would have been authorised by subsection (1) of that section; and

                     (b)  the arrangement was in force, or purportedly in force, immediately before the commencement of this item.

For this purpose, it is immaterial whether the arrangement was the subject of a proceeding instituted in a court or tribunal before the commencement of this item.

(2)       The arrangement has, and is taken to have had, effect, after the commencement of this item, as if it had been made under subsection 32B(1) of the Financial Management and Accountability Act 1997 as amended by this Schedule.

(3)       In this item:

arrangement includes contract, agreement or deed.

made, in relation to an arrangement, includes entered into.

transitional period means:

                     (a)  the 60‑day period beginning at the commencement of this item; or

                     (b)  if a longer period is specified in the regulations—that longer period.

(4)       The Governor‑General may make regulations for the purposes of paragraph (b) of the definition of transitional period in subitem (3).