FINANCIAL MANAGEMENT ACT 1996 - SECT 130 Act of grace payments

FINANCIAL MANAGEMENT ACT 1996 - SECT 130

    (1)     If the Treasurer considers it appropriate to do so because of special circumstances, the Treasurer may authorise the payment by a directorate or territory authority of an amount to a person (the payee ) although the payment of that amount (the relevant amount ) would not otherwise be authorised by law or required to meet a legal liability.

    (2)     The authorisation may provide for the relevant amount to be paid by—

        (a)     more than 1 instalment and on the dates specified in the authorisation; or

        (b)     periodical payments of an amount, and for the period, specified in the authorisation.

    (3)     An authorisation may be expressed to be subject to conditions to be complied with by the payee.

    (4)     If a condition is contravened, the Treasurer may by written notice addressed to the last-known address of the payee require the payee, within 30 days of receipt of the notice, to pay an amount equal to all or part of the relevant amount.

    (5)     If the payee does not pay the amount specified in the notice under subsection (4), the amount may be recovered by the Territory as a debt.

    (6)     If the payment of an amount by a directorate or territory authority is authorised under this section, the Treasurer must—

        (a)     direct that the amount be paid from an existing appropriation for the directorate or territory authority stated by the Treasurer; or

        (b)     authorise payment of the amount under section 18 (Treasurer's advance); or

        (c)     authorise payment of the amount by appropriation to the relevant directorate or territory authority.

    (7)     The public money of the Territory is appropriated for subsection (6) (c).

    (8)     A payment made by a directorate or territory authority under this section must be reported in notes to the financial statements of the directorate or territory authority that relate to the financial year when the payment was made.

    (9)     The notes must indicate in relation to each payment under this section the amount and grounds for the payment.

    (10)     The notes relating to a payment under this section must not disclose the identity of the payee unless disclosure was agreed to by the payee as a condition of authorising the payment.