Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
104. (1) In this Division—
(a) an incorporated company—
(i) in which the Territory has an interest; or
(ii) in which a body corporate incorporated for a public purpose by a law of the Territory has an interest;
(b) an incorporated company that is related to a company referred to in paragraph (a); and
(c) the trustee or trustees of a trust.
(2) For the purposes of this Division—
(a) the Territory shall be deemed to have an interest in an incorporated company—
(i) if any stock or shares in the capital of the company is or are beneficially owned by the Territory; or
(ii) in the case of a company limited by guarantee—if the Territory, or a nominee for the Territory, is a member of the company; and
(b) a body corporate referred to in subparagraph (a) (ii) of the definition of “body” in subsection (1) shall be taken to have an interest in an incorporated company—
(i) if any stock or shares in the capital of the company is or are beneficially owned by that body corporate; or
(ii) in the case of a company limited by guarantee—if that body corporate, or a nominee for that body corporate, is a member of the company.
(3) Where an incorporated company—
(a) is the holding company of another incorporated company;
(b) s a subsidiary of another incorporated company; or
(c) is a subsidiary of the holding company of another incorporated company;
the first-mentioned incorporated company and that other incorporated company shall, for the purposes of this Division, be deemed to be related to each other.
(4) Subject to subsections (5) and (7)—
(a) an incorporated company shall be deemed to be a subsidiary of another incorporated company if that other company—
(i) controls the composition of the board of directors of the first-mentioned company;
(ii) controls more than one-half of the voting power at a general meeting of the first-mentioned company; or
(iii) holds more than one-half of the issued shares in the first-mentioned company (excluding any shares that carry no right to participate beyond a specified amount in a distribution of either profits or capital); and
(b) an incorporated company shall be deemed to be a subsidiary of another incorporated company if the first-mentioned company is a subsidiary of any incorporated company that is that other company's subsidiary (including a company that is that other company's subsidiary by another application or other applications of this paragraph).
(5) For the purposes of subsection (4), the composition of the board of directors of an incorporated company shall be deemed to be controlled by another incorporated company if that other company by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove all or a majority of the directors.
(6) For the purposes of subsection (5), an incorporated company shall be deemed to have power to make an appointment to the board of directors of another incorporated company—
(a) if a person cannot be appointed as such a director without the exercise by that first-mentioned company of some power exercisable by it without the consent or concurrence of any other person; or
(b) if the appointment of a person as a director of that other company necessarily follows from his or her being a director or other officer of that first-mentioned company.
(7) In determining whether an incorporated company is a subsidiary of another incorporated company—
(a) any shares held or powers excercisable by that other company in a fiduciary capacity shall be treated as not held or exercisable by it;
(b) subject to paragraphs (c) and (d), any shares held or power exercisable—
(i) by a person as a nominee for that other company (except where that other company is concerned only in a fiduciary capacity); or
(ii) by, or by a nominee for, a subsidiary of that other company, not being a subsidiary that is concerned only in a fiduciary capacity;
shall be treated as held or exercisable by that other company;
(c) any shares held or power exercisable by any person by virtue of the provisions of any debentures of the first-mentioned company, or of a trust deed for securing any such debentures, shall be disregarded; and
(d) any shares held or power exercisable by, or by a nominee for, that other company or its subsidiary (not being held or exercisable as mentioned in paragraph (c)) shall be treated as not held or exercisable by that other company if the ordinary business of that other company or its subsidiary, as the case may be, includes the lending of money and the shares are held or the power is exercisable solely by way of security for the purposes of a money-lending agreement.
(8) A reference in this Division to a holding company of another incorporated company shall be read as a reference to an incorporated company of which that other company is a subsidiary.
105. (1) The functions of the Auditor-General under this Ordinance extend to the carrying out, at the discretion of the Auditor-General—
(a) of the audit of all or any of the financial statements of a body—
(i) where a Minister requests the Auditor-General to carry out the audit and arranges with the body for the financial statements, and any necessary accounts and records, to be made available for the purpose; or
(ii) in accordance with an arrangement made under subsection (2); and
(b) of an inspection and audit or the inspection and audit, of the accounts and records of a body—
(i) where a Minister requests the Auditor-General to carry out the inspection and audit or inspections and audits, as the case may be, and arranges with the body for its accounts and records to be made available for the purpose; or
(ii) in accordance with an arrangement made under subsection (2).
(2) The Auditor-General may, at the request of a Minister, make an arrangement with a body for the carrying out by the Auditor-General of the audit of financial statements of the body or the inspection and audit of the accounts and records of the body, and may, with the consent of a Minister, vary or revoke such an arrangement.
(3) Where, under subsection (1), the Auditor-General audits financial statements of a body, or inspects and audits accounts and records of a body, at the request of a Minister or pursuant to an arrangement entered into with the body at the request of a Minister, the Auditor-General shall report to the Minister on the audit or inspection and audit, as the case may be.
(4) Arrangements for the purposes of subparagraph (1) (a) (i) or b (i) with a body or an arrangement made under subsection (2) with a body, may include provision for the payment of a fee by the body to the Territory in respect of the carrying out of an inspection and audit to which the arrangement relates.
106. (1) Where the Auditor-General—
(a) carries out under this Ordinance, otherwise than under section 100 or 101, an inspection and audit of the accounts and records of a body—
(i) determined by the Minister to be a body to which this section applies; or
(ii) included in a class of bodies determined by the Minister to be a class of bodies to which this section applies; or
(b) reports to the appropriate Minister concerning the financial statements of such a body;
there are payable by that body to the Territory, in respect of the inspection and audit, or of the giving of the report, fees and charges in accordance with a scale of fees and charges determined by the Auditor-General in a manner approved by the Minister, being a scale applicable to that body.
(2) The Minister may exempt a body included in a class of bodies referred to in subparagraph (1) (a) (ii) from the payment of fees and charges under subsection (1).
(3) A determination of the Minister or of the Auditor-General under this section shall be made by instrument.
107. (1) The Auditor-General shall report on all cases in which, in the opinion of the Auditor-General, the receipt, expenditure or investment of money, or the acquisition or disposal of assets, by a statutory body was not in accordance with the law of the Territory by or under which the body was established unless, in the opinion of the Auditor-General, the cases are not of sufficient importance to justify his or her so doing.
(2) In this section—
108. (1) An accounting officer shall not—
(a) misapply, improperly dispose of, or improperly use, any public moneys or stores; or
(b) pay any public moneys into the officer's own private account at a bank.
Penalty: $20,000 or imprisonment for 7 years, or both.
(2) An accounting officer shall not wilfully and unlawfully damage or destroy any stores.
Penalty: $5,000 or imprisonment for 2 years, or both.
(3) In a prosecution for an offence against paragraph (1) (a), it is not necessary to prove the misapplication, improper disposal or improper use of a specific sum of money or stores if—
(a) there is proof of a general deficiency on the examination of the books of account or entries kept or made by the defendant or otherwise; and
(b) the court is satisfied that the defendant misapplied, improperly disposed of or improperly used all or any of the deficient moneys or all or any of the deficient stores.
109. (1) A person who uses a Territory credit card with the intention of obtaining cash, goods or services otherwise than for the Territory is guilty of an offence punishable, on conviction, by a fine not exceeding $20,000 or imprisonment for a period not exceeding 5 years, or both.
(2) In this section—