Queensland Consolidated Acts

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FINANCIAL ADMINISTRATION AND AUDIT ACT 1977 - SECT 40C

40C No-one other than Treasurer may invest or otherwise lend an amount

(1) A body, including a department, may not--

(a) make an investment based on, at the time of the investment, all or part of any balance in the departmental accounts of a department; or
(b) otherwise lend an amount even if lending the amount may be for the department's purposes; or
(c) pay moneys out of a departmental financial-institution account for making an investment or otherwise lending an amount under paragraphs (a) or (b).

(2) Subsection (1) does not prevent a body operating a deposit and withdrawal account with a financial institution that--

(a) does not include an overdraft facility; or
(b) includes an overdraft facility under a Treasurer's approval.

(3) Subsection (1) does not apply to--

(a) the Treasurer; or
(b) a department to the extent it is doing a thing mentioned in that subsection--
(i) under a Treasurer's approval; or
(ii) for entering into a derivative transaction under division 8A; or
(c) a body to the extent it is making an investment under an express power under another Act.

(4) For subsection (3)(c), a body does not have the express power mentioned in the subsection merely because of a statement in the other Act that the body has--

(a) the powers of a corporation or individual; or
(b) the power generally to enter into contracts; or
(c) the power to do all things necessary or convenient for, or in connection with, the performance of the body's functions.


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