New South Wales Consolidated Acts

PUBLIC FINANCE AND AUDIT ACT 1983 - SECT 39

39 Application and interpretation

(1) A reference in this Division to a statutory body is a reference to:

(a) a person, group of persons or body specified in Schedule 2, and

(b) a person, group of persons or body (not being a person, group of persons or body specified in Schedule 3) whose funds are held in an account within the Special Deposits Account.

Note: See also section 24A of the State Owned Corporations Act 1989 which provides that statutory SOCs are also statutory bodies for the purposes of this Part.

(1A) A reference in this Division to a statutory body also includes a reference to an entity of which the statutory body has control as defined in Australian Accounting Standards. For the avoidance of doubt, any such controlled entity is a separate statutory body for the purposes of this Division and is subject to the same requirements under this Division as apply to a statutory body referred to in subsection (1).

(1B) A reference in this Division to a statutory body does not include a reference to a person, group of persons, body or entity who or which is, by a regulation made for the purposes of this subsection, declared not to be a statutory body for the purposes of this Division.

(2) A reference in this Division to a Minister, in relation to a statutory body, is a reference to the Minister having the administration of the Act by or under which the statutory body is appointed, constituted or regulated.

(2A) A reference in this Division to the Auditor-General shall, where, in relation to a statutory body, not being the Audit Office or an entity referred to in subsection (1A), an Act authorises or enables the appointment by the statutory body of an auditor other than the Auditor-General to be the sole auditor in respect of the statutory body, be read and construed as a reference to that auditor.

(2B) A reference in this Division to a financial report, in relation to a statutory body, is a reference to the financial report referred to in section 41A.

(3) The provisions of this Division are in addition to any other statutory provisions relating to the financial report, books, records or audit of a statutory body but, in the event of any inconsistency between the provisions of this Division and any other such statutory provisions, the provisions of this Division shall, to the extent of the inconsistency, prevail.

(4) Nothing in this Division limits or derogates from the provisions of Division 2.