Commonwealth Numbered Acts

AUDIT AMENDMENT ACT 1979 No. 8 of 1979 - SECT 19

19. Sections 25 to 30 (inclusive) of the Principal Act are repealed and the
following sections substituted: Private moneys collected by officers, &c.
''25. (1) Where-

   (a)  moneys are, in pursuance of an enactment, to be paid to the Minister
        administering this Act, another Minister or an officer, into the
        Treasury or to the credit of the Trust Fund;

   (b)  a Minister or officer who is, by virtue of his office, the trustee, or
        one of the trustees, of a trust receives moneys as the trustee, or as
        a trustee, of the trust; or

   (c)  moneys are otherwise received by a Minister or officer in the course
        of performing the duties of his office, and the moneys are to be held
        otherwise than on account of, or for the use or benefit of, the
        Commonwealth, the moneys are moneys to which this section applies.

''(2) Subject to this section, moneys to which this section applies form part
of the Trust Fund.

''(3) Where the Minister is of the opinion that, having regard to the terms on
which any moneys to which this section applies are required to be held, it
would not be appropriate for those moneys to form part of the Trust Fund, the
Minister may direct, in writing, that the moneys shall not form part of the
Trust Fund and may, from time to time while such a direction is in force, give
further directions, in writing, as to the manner in which those moneys are to
be dealt with.

''(4) Where, by virtue of a direction given by the Minister under sub-section
(3), moneys to which this section applies do not form part of the Trust Fund,
a person shall not fail to comply with a direction given by the Minister under
that sub-section as to the manner in which those moneys are to be dealt with.

Penalty: $100.

''(5) Where, by virtue of sub-section (2), moneys have become part of the
Trust Fund and-

   (a)  those moneys have, for a continuous period of not less than 6 years,
        stood to the credit of the Trust Fund without-

        (i)    any portion of those moneys having been expended for the
               purpose for which those moneys are held; or

        (ii)   any claim having been made by a person entitled to those
               moneys; or

   (b)  the purpose for which those moneys are held is no longer capable of
        being fulfilled, those moneys may be paid to the Consolidated Revenue
        Fund and, where interest on those moneys has been paid to the Trust
        Fund in accordance with a direction of the Minister given under
        sub-section 62B (3), an amount equal to that interest shall also be
        paid to the Consolidated Revenue Fund.

''(6) Where the Minister is satisfied that a person is entitled to any moneys
paid to the Consolidated Revenue Fund in pursuance of sub-section (5), those
moneys shall be paid to that person, and the Consolidated Revenue Fund is
appropriated accordingly.

''(7) Sub-sections (2) to (6) (inclusive) apply to and in relation to moneys
to which this section applies, being moneys of a kind referred to in paragraph
(a) or (b) of sub-section (1), to the extent only to which those provisions
are not inconsistent with the provisions of the enactment or the terms of the
trust, as the case may be, applicable to those moneys. Securities to be dealt
with as directed
''26. Each accounting officer shall, daily or at such other intervals as the
Minister directs, transmit all bonds, debentures or other securities collected
or received by him in the course of carrying on the duties of his office to
the Minister or to such person as the Minister directs in such manner as the
Minister directs.''.