FINANCIAL MANAGEMENT AND AUDIT

Australian Capital Territory Numbered Acts

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FINANCIAL MANAGEMENT AND AUDIT - SCHEDULE

SCHEDULE Section 12

AMENDMENTS OF ACTS

Part 1

Administrative Decisions (Judicial Review) Act 1989

Schedule 2—

Omit paragraphs (c) and (d), substitute the following paragraphs:

“(c) decisions authorised by an Act to issue sums out of the public money of the Territory;

(d) decisions of the Treasurer under subsection 18 (1) of the Financial Management Act 1996 ;”.

Part 2

Agents Act 1968

Section 17A—

Repeal the section.

Subsection 71R (2)—

Omit “an account with a bank in the Territory”, substitute “a bank account maintained under section 55 of the Financial Management Act 1996 ”.

Subsection 71U (4)—

Omit “in the Territory to the credit of a separate account to be”, substitute “account maintained under section 55 of the Financial Management Act 1996 and”.

Part 3

Canberra Institute of Technology Act 1987

Paragraph 10 (5) (c)—

Omit “ Audit Act 1989 ”, substitute “ Financial Management Act 1996 ”.

Subsection 16 (2)—

Omit “ Audit Act 1989 and any regulations made”, substitute “ Financial Management Act 1996 and any regulations and financial management guidelines made or issued”.

Subsection 26 (2)—

Omit “ Audit Act 1989 and any regulations made”, substitute “ Financial Management Act 1996 and any regulations and financial management guidelines made or issued”.

Section 54—

Repeal the section.

Subsections 56 (2), (3) and (4)—

Omit the subsections.

Section 57—

Repeal the section.

Subsection 58 (1)—

Omit “an account with a bank that is an approved bank for the purposes of section 94 of the Audit Act 1989 ”, substitute “a bank account maintained under section 55 of the Financial Management Act 1996 ”.

Subsection 58 (2)—

Omit “an account with a bank that is an approved bank for the purposes of section 89 of the Audit Act 1989 ”, substitute “a bank account maintained under section 55 of the Financial Management Act 1996 ”.

Sections 60 and 61—

Repeal the sections, substitute the following section:

Application of Part VIII of Financial Management Act

“60. Part VIII of the Financial Management Act 1996 applies in relation to the Institute and the Hotel School as if a reference in that Part to a financial year were a reference to a calendar year.”.

Part 4

Canberra Theatre Trust Act 1965

Section 20—

Add at the end the following subsection:

“(2) The Trust shall include in each report it presents under section 8 of the Annual Reports (Government Agencies) Act 1995 details of any directions given under subsection (1) during the period to which the report relates.”.

Sections 31 and 32—

Repeal the sections.

Part 5

Casino Control Act 1988

Section 38A—

Repeal the section.

Subsection 123 (1)—

Omit “a person approved by the Minister”, substitute “the Auditor-General”.

Subsection 123 (2)—

Omit “an auditor”, substitute “the Auditor-General”.

Part 6

Cemeteries Act 1933

Sections 21C and 21D—

Repeal the sections.

Part 7

Credit Act 1985

Section 241AA (2)—

Omit the subsection.

New section 241AAA—

After section 241AA insert the following section:

Bank account

“241AAA. All money received by the Financial Counselling Trust Fund shall be paid into a trust bank account maintained under section 51 of the Financial Management Act 1996 .”.

Section 241AB—

Omit “into”, substitute “to”.

Section 241AC—

Omit “Moneys standing to the credit”, substitute “The moneys”.

Part 8

Financial Institutions (Supervisory Authority) Act 1992

Section 10—

Repeal the section.

Part 9

Gas Act 1992

Section 49—

Omit the section, substitute the following section:

Trust account

“49. (1) A trust bank account called the Energy Research and Development Trust Account shall be maintained under section 51 of the Financial Management Act 1996 .

“(2) The following amounts shall be paid into the account:

(a) levy paid under section 45 or 46;

(b) levy, and interest on unpaid levy, recovered under section 48;

Section 50—

Omit “may not be expended under subsection 85 (10) of the Audit Act 1989 ”, substitute “shall not be expended”.

Part 10

Government Contractual Debts (Interest) Act 1994

Section 9—

Omit the section, substitute the following section:

Availability of funds to pay interest

“9. (1) Interest for which the Territory is liable under section 7 is payable whether or not there is an appropriation available for the purpose.

“(2) Where a commercial account is payable out of trust moneys standing to the credit of a bank account maintained under section 51 of the Financial Management Act 1996 , any interest payable under section 7 in respect of that commercial account is also payable out of those moneys.”.

Part 11

Interpretation Act 1967

Subsection 7 (6)—

Omit “within the meaning of the Audit Act 1989 ” .

Subsection 14 (1)—

(a) Omit the definition of “Consolidated Revenue Fund”.

(b) Insert the following definitions:

“ ‘public money of the Territory' means revenues, loans and other money received by the Territory;

‘Territory bank account' means the bank account maintained under section 33 of the Financial Management Act 1996 ;”.

Part 12

Landlord and Tenant Act 1949

Subsection 62AA (1) (definition of “Trust Fund”)—

Omit the definition, substitute the following definition:

“ ‘trust account' means the bank account maintained pursuant to section 62AJA.”.

New section 62AJA—

After section 62AJ insert the following section:

Trust account

“62AJA. A trust bank account shall be maintained under section 51 of the Financial Management Act 1996 to hold bond money received by the Director under this Part.”.

Subsections 62AK (1) and (2)—