Commonwealth Consolidated Acts

FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997 - SECT 16

             (1)  The Finance Minister may, by legislative instrument, issue Special Instructions about special public money, including instructions about:

                     (a)  the custody of special public money;

                     (b)  the investment of special public money;

                     (c)  the application of interest or other amounts derived from the investment of special public money;

                     (d)  the application of special public money in paying the expenses involved in dealing with special public money.

             (2)  In case of inconsistency, Special Instructions override this Act, the regulations and the Finance Minister's Orders. However, Special Instructions cannot be inconsistent with the terms of any trust that applies to the money concerned.

             (3)  An official or Minister must not contravene any Special Instruction.

Penalty:  Imprisonment for 2 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

             (4)  In this section:

"special public money" means public money that is not held on account of the Commonwealth or for the use or benefit of the Commonwealth.

Note:          Money held by the Commonwealth on trust for another person is an example of special public money.