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FINANCIAL MANAGEMENT ACT 1996

Table of Provisions

PART 1--PRELIMINARY

  • 1 Name of Act  
  • 2 Act subject to Territory Superannuation Provision Protection  
  • 3 Dictionary  
  • 3A Notes  
  • 3B Declaration that certain bodies are not territory authorities for Act  
  • 4 Application of pts 2 to 5—Office of the Legislative Assembly and officers of the  

PART 2--BUDGET MANAGEMENT

Division 2.1--Appropriations and budgets

Subdivision 2.1.1--Appropriations and budgets—generally
  • 5 Timing of first Appropriation Bill for financial year  
  • 6 Necessity for appropriation  
  • 7 Payments authorised on lapse of appropriation  
  • 7A Temporary advance for new purpose or new entity  
  • 8 Form of appropriations  
  • 9 Net controlled recurrent payments  
  • 9A Net appropriations for capital injections  
  • 9B Appropriations for payments on behalf of Territory to be net  
  • 10 Budget papers  
  • 11 Territory budgets  
  • 11A Financial policy objectives and strategies statement  
  • 12 Directorate budgets  
  • 12AA Territory authority budgets  
  • 12A Territory-owned corporation budgets  
  • 13 Supplementary budget papers  
  • 13A Amendment of budgets for supplementary appropriation  
  • 14 Transfer of funds between appropriations  
  • 14A Transfer of funds from capital injection appropriation to other  
  • 14B Transfer of funds from other appropriations to capital injection  
  • 15A Reclassification of certain appropriations  
  • 16 Transfer of functions to another entity  
  • 16A Appropriation for accrued employee entitlements  
  • 16B Rollover of undisbursed appropriation  
  • 17 Variation of appropriations for Commonwealth grants  
  • 17A Variations of appropriations for certain payments to Commonwealth  
  • Subdivision 2.1.2--Treasurer's advances
  • 18 Treasurer's advance  
  • 18A Treasurer's advance—payment pending supplementary appropriation  
  • 18B Treasurer's advance—reduction of amounts  
  • 18C Assembly to be told about Treasurer's advance  
  • Subdivision 2.1.3--Capital works reserve
  • 18D Capital works reserve—appropriation  
  • 18E Capital works reserve—authorising payments from reserve  
  • 18F Capital works reserve—reducing partially unused payments  
  • 18G Capital works reserve—Treasurer must notify Assembly  
  • Subdivision 2.1.4--Appropriations and budgets—other matters
  • 19 Refunds of payments made without liability  
  • 19A Payments for Territory GST liabilities  
  • 19AA Payments for Territory GST administration costs  
  • 19B Authorisation of appropriation for certain Commonwealth grants  
  • 19C Amendment of capital injection conditions  
  • 19D Amendment of performance criteria  
  • 20 Recommended appropriation for Office of the Legislative Assembly  
  • 20AA Appropriation for Office of the Legislative Assembly  
  • 20AB Recommended appropriation for officers of the Assembly  
  • 20AC Appropriation for officers of the Assembly  

Division 2.2--Budget reviews and pre-election updates

  • 20A Budget review  
  • 20B Purpose and contents of budget review  
  • 20C Pre-election budget update  
  • 20D Purpose and contents of pre-election budget update  

PART 3--FINANCIAL REPORTS

Division 3.1--Financial reports of the Territory

  • 21 Meaning of the Territory in div 3.1  
  • 22 Annual financial statements of the Territory  
  • 23 Responsibility for annual financial statements  
  • 24 Audit of annual financial statements  
  • 25 Presentation of annual financial statements to Legislative Assembly  
  • 26 Periodic financial statements  

Division 3.2--Financial reports and performance statements of directorates

  • 27 Annual financial statements of directorates  
  • 28 Responsibility for annual financial statements of directorates  
  • 29 Audit of financial statements of directorates  
  • 30 Directorate annual financial statements to be included in annual reports  
  • 30A Statements of performance of directorates  
  • 30B Responsibility for directorate statements of performance  
  • 30C Scrutiny of directorate statements of performance  
  • 30D Directorate statements of performance to be included in annual reports  
  • 30E Half-yearly directorate performance reports  

Division 3.3--Capital works reports

  • 30F Capital works report of Territory  

PART 4--FINANCIAL MANAGEMENT RESPONSIBILITIES OF DIRECTORS-GENERAL OF DIRECTORATES

  • 31 Responsibilities of directors-general of directorates  
  • 31A Directors-general may enter into contracts etc  

PART 5--BANKING AND INVESTMENT

  • 32 Agreement for the conduct of banking for Territory  
  • 33 Territory banking account  
  • 34 Directorate banking accounts  
  • 34A Transfer of directorate banking account  
  • 34B End of year balances of directorate banking accounts  
  • 35 Payments into banking accounts  
  • 36 Transfer following change in directorate responsibilities  
  • 36A Transfers from directorate banking accounts to territory banking  
  • 37 Payments from territory banking account  
  • 37A Payments into territory banking account  
  • 38 Investment of certain public money  

PART 6--BORROWING AND GUARANTEES

  • 39 Power of Territory to borrow  
  • 40 Treasurer may borrow on behalf of Territory  
  • 41 Power of territory authorities to borrow  
  • 42 Borrowings by territory authorities to be approved  
  • 43 Territory authorities may give security  
  • 44 Power to approve borrowings not delegable  
  • 45 Loans to be paid into territory banking account  
  • 46 Payments by Treasurer  
  • 47 Guarantees by Territory  

PART 7--TRUST MONEY

  • 49 Identity of trust money  
  • 50 Administration of trust money  
  • 51 Directorate trust banking accounts  
  • 51A Transfer of directorate trust banking accounts  
  • 51B Transfers between trust banking accounts—changes in directorate  
  • 51C Transfers between trust banking accounts—investment  
  • 52 Transfers between trust banking account and territory banking account  
  • 53 Investment of trust money  
  • 53A Unclaimed trust money  
  • 53B Reviewable decision notices  
  • 53C Applications for review  

PART 8--FINANCIAL PROVISIONS FOR TERRITORY AUTHORITIES

  • 54 Application––pt 8  
  • 55 Responsibilities of chief executive officers of territory authorities  
  • 56 Responsibilities of governing boards of territory authorities  
  • 57 Banking accounts of territory authorities  
  • 58 Investment by territory authorities  
  • 59 Borrowing by territory authorities  
  • 60 Guarantees by territory authorities  
  • 61 Territory authority statements of intent  
  • 62 Presentation of statements of intent of territory authorities  
  • 63 Annual financial statements of territory authorities  
  • 64 Responsibility for annual financial statements of territory authorities  
  • 65 Audit of annual financial statements of territory authorities  
  • 66 Annual financial statements of territory authorities to be included in annual reports  
  • 67 Treasurer may require interim financial statements etc for territory  
  • 68 Statements of performance of territory authorities  
  • 69 Responsibility for territory authority statements of performance  
  • 70 Scrutiny of territory authority statements of performance  
  • 71 Territory authority statements of performance to be included in annual reports  

PART 9--GOVERNANCE OF TERRITORY AUTHORITIES

Division 9.1--Definitions and important concepts

  • 72 Definitions—pt 9  
  • 73 Nature of relevant territory authorities  
  • 74 Powers of territory authorities generally  
  • 75 Execution of documents and assumptions people dealing with relevant territory authority  
  • 76 Governing board of territory authority  
  • 77 Role of governing board  

Division 9.2--Governing board member appointments

  • 78 Appointment of governing board members generally  
  • 79 Appointment of chair and deputy chair  
  • 80 Appointment of CEO of authority with governing board  
  • 81 Ending board member appointments  

Division 9.3--Functions of governing board members

  • 82 Chair's functions  
  • 83 Deputy chair's functions  
  • 84 CEO's functions  
  • 85 Honesty, care and diligence of governing board members  
  • 86 Conflicts of interest by governing board members  
  • 87 Agenda to require disclosure of interest item  
  • 88 Disclosure of interests by governing board members  
  • 89 Reporting of disclosed governing board interests to Minister  
  • 90 Protection of governing board members from liability  
  • 91 Indemnification and exemption of governing board members  
  • 92 Compensation for exercise of functions etc  

Division 9.4--Governing board meetings

  • 93 Time and place of governing board meetings  
  • 94 Presiding member at governing board meetings  
  • 95 Quorum at governing board meetings  
  • 96 Voting at governing board meetings  
  • 97 Conduct of governing board meetings etc  

Division 9.5--Requirements and obligations for territory authorities

  • 98 Limitations on authorities forming corporations etc  
  • 99 Limitations on authorities taking part in joint ventures and trusts  
  • 100 Corporations, joint ventures and trusts in which authority has interest  
  • 101 Obligation of authorities to tell Minister about significant events  
  • 102 Ministerial directions to authorities about financial etc statements  
  • 103 Application of government policies to authorities  

Division 9.6--Restructuring of territory authorities

  • 104 Purpose of div 9.6  
  • 105 What territory authorities does div 9.6 apply to?  
  • 106 Responsible Minister may direct div 9.6 authority to sell or transfer  
  • 107 Transfer of assets by declaration—div 9.6 authorities  
  • 108 Transfer of contractual rights and liabilities by declaration—div 9.6  
  • 109 Transfer of liabilities by declaration—div 9.6 authorities  
  • 110 Assistance given by authorities for div 9.6  
  • 111 Assistance given by governing board members for div 9.6  
  • 112 Use of information by Territory and div 9.6 authorities  
  • 113 Contracts relating to the protection of information—responsible Minister for div 9.6  
  • 114 Contracts relating to the protection of information—div 9.6  
  • 115 Transfer of pending proceedings—div 9.6 authorities  
  • 116 Proceedings and evidence—div 9.6 authorities  
  • 117 Operation of div 9.6 not breach of contract etc  
  • 118 Transfer of assets etc not otherwise disposed of—div 9.6  
  • 119 Annual reports etc for div 9.6 authorities  

Division 9.7--Additional provisions for restructuring of certain territory authorities

  • 120 What territory authorities does div 9.7 apply to?  
  • 121 Definitions—div 9.7  
  • 122 Vesting of assets, rights and liabilities—div 9.7 authorities  
  • 123 Proceedings and evidence—div 9.7 authorities  
  • 124 Annual reports and financial statements for div 9.7 authorities  
  • 125 References to div 9.7 authority  

PART 9A--INSOURCING FRAMEWORK

  • 126 Meaning of public sector entity—pt 9A  
  • 127 Responsible chief executive officer to ensure compliance with this part  
  • 128 Insourcing framework  
  • 129 Insourcing evaluation for services or works  

PART 10--MISCELLANEOUS

  • 130 Act of grace payments  
  • 131 Waiver of debts etc  
  • 132 Payments in relation to deceased estates  
  • 133 Guideline-making power  
  • 134 Regulation-making power  
  • DICTIONARY ENDNOTES

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