Commonwealth Consolidated Acts

ABORIGINAL AND TORRES STRAIT ISLANDER ACT 2005 - SECT 193X

             (1)  The Office has the following functions:

                     (a)  in accordance with a program developed by the Director under section 193Y, or, in the circumstances referred to in subsection (2), at the request of the Minister--to evaluate or audit:

                              (i)  relevant programs administered by an Australian Government body; or

                             (ii)  particular aspects of the operations of Australian Government bodies, but only to the extent that the evaluation or audit concerns relevant programs administered by such a body; and

                     (b)  when requested to do so by the Minister--to evaluate or audit the activities of any individual or organisation:

                              (i)  who has received money, including money on loan, or an interest in land or other property, from an Australian Government body under a relevant program; or

                             (ii)  who has had a loan guaranteed by an Australian Government body under such a program; or

                            (iii)  who has derived income or other benefit, directly or indirectly, from money (including money on loan), or a guarantee, provided by an Australian Government body under such a program or from a transfer of an interest in land or other property from such a body under such a program;

                            but only to the extent that the evaluation or audit concerns the money, land or other property, or the guarantee, provided under that program or concerns the income or other benefit derived from such money, land or other property or from such a guarantee; and

                     (c)  when a funding or loan agreement entered into with any individual or organisation under a relevant program provides that the Office can evaluate or audit the activities of the individual or organisation:

                              (i)  that directly or indirectly relate to the use of money provided under the agreement; or

                             (ii)  that relate to any matter facilitated by income derived from the use of money so provided;

                            with the consent of the Minister--to evaluate or audit those activities in accordance with that agreement; and

                    (ca)  when requested to do so by the Minister--to evaluate or audit the activities or operations of a Land Council (within the meaning of the Aboriginal Land Rights ( Northern Territory ) Act 1976 ); and

                    (cb)  when requested to do so by the Minister--to evaluate or audit the activities or operations of any body corporate or other person that has received an amount:

                              (i)  under a determination under subsection 35(2), (3) or (6) of the Aboriginal Land Rights ( Northern Territory ) Act 1976 ; or

                             (ii)  under subsection 35(3) of that Act in accordance with an agreement mentioned in that subsection; or

                            (iii)  under subsection 35(4) of that Act that the Land Council concerned has advised, under subsection 35(4A) of that Act, is an accountable amount; or

                            (iv)  under subsection 35(4B) of that Act; or

                             (v)  under subsection 35(11) of that Act in relation to an amount covered by subparagraph (i), (ii), (iii) or (iv) of this paragraph; or

                            (vi)  under subsection 67B(6) of that Act that the Land Council concerned has advised, under subsection 67B(7) of that Act, is an accountable amount;

                            but only to the extent that the evaluation or audit concerns that amount or the income or other benefit derived from that amount; and

                    (cc)  when requested to do so by the Minister--to evaluate or audit the activities of any individual or organisation that has received an amount under subsection 64(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 , but only to the extent that the evaluation or audit concerns that amount or the income or other benefit derived from that amount; and

                     (d)  to report on evaluations or audits conducted under this section in a manner required by the Minister; and

                     (e)  to inform the Minister about any significant issues that have arisen, or may arise, in relation to audits or evaluations conducted under this section; and

                      (f)  to inform the Minister about any issues affecting the independence of the Office.

             (2)  In any circumstance where the Minister considers that there is a need for the Office of Evaluation and Audit to evaluate or audit:

                     (a)  relevant programs administered by an Australian Government body; or

                     (b)  particular aspects of the operations of an Australian Government body, to the extent that the evaluation or audit concerns relevant programs administered by such a body;

the Minister may request the Office to conduct such an evaluation or audit whether or not an evaluation or audit would ordinarily be conducted at that time under a program developed under section 193Y.

             (3)  The functions conferred on the Office under this section are in addition to, and not in substitution for, any functions conferred on the Auditor‑General or any other person by or under any other law of the Commonwealth.