Queensland Numbered Acts

FINANCIAL ACCOUNTABILITY ACT 2009 No. 9

TABLE OF PROVISIONS

           Contents

           Part 1--Introduction

           Division 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Property in public moneys and public property

           Division 2--Interpretation

   4.      Definitions
   5.      Interpretation of words used in appropriation Act
   6.      Meaning of terms relating to annual appropriation Act
   7.      Meaning of administered receipt and controlled receipt
   8.      Meaning of department
   9.      Meaning of statutory body

           Part 2--Provisions applying to Ministers

           Division 1--Objectives of government

   10.     Community objectives of government
   11.     Fiscal objectives of government

           Division 2--Ministerial offices expenses

   12.     Report of ministerial offices expenses
   13.     Tabling of half year report
   14.     Audit of full year report
   15.     Tabling of full year report

           Part 3--Consolidated fund and Treasurer's responsibilities

           Division 1--The consolidated fund

   16.     Consolidated fund
   17.     Accounts for consolidated fund
   18.     Treasurer's consolidated fund bank account
   19.     Overdrawn accounts
   20.     Entries in Treasurer's consolidated fund operating account
   21.     Write-off of losses

           Division 2--Consolidated fund reporting

   22.     Quarterly statement by Treasurer
   23.     Consolidated fund financial report
   24.     Timing for giving consolidated fund financial report to auditor-general
   25.     Consolidated whole-of-government financial statements
   26.     Information for preparing consolidated whole-of-government financial statements

           Division 3--Appropriations

   27.     Annual appropriation Acts
   28.     Appropriation of particular controlled receipts
   29.     Availability of appropriated amount for payment to departments
   30.     Payment of equity withdrawal under annual appropriation Act
   31.     Supply before ordinary annual appropriation Act for financial year
   32.     Supply before parliamentary annual appropriation Act for financial year
   33.     Varying the amounts of department's headings
   34.     When part of vote for treasury department may be applied for headings of another department
   35.     Unforeseen expenditure
   36.     Entries in Treasurer's consolidated fund operating account for unforeseen expenditure
   37.     Entries by Treasurer on repayment of incorrectly paid amounts

           Division 4--Approvals by Treasurer

   38.     Definition for div 4
   39.     Exercise of power by department or statutory body
   40.     Treasurer's general approval
   41.     Application for Treasurer's specific approval
   42.     Requirement to give documents or information
   43.     Decision on application
   44.     Amendment or repeal of Treasurer's specific approval
   45.     Register of specific approvals
   46.     False or misleading documents
   47.     False or misleading information

           Division 5--Delegation by Treasurer

   48.     Delegation by Treasurer of particular powers

           Division 6--Investment by Treasurer

   49.     Treasury offset account
   50.     Use of accounts
   51.     Dealing with moneys earned on investment
   52.     Appropriation for investment
   53.     Corporation sole of The Treasurer of Queensland
   54.     Limitations on investment powers

           Division 7--Borrowings

   55.     Borrowings by the State
   56.     Liability of department for borrowing fee

           Division 8--Standards about financial and performance management

   57.     Financial and performance management standards
   58.     Requirements before making a financial and performance management standard
   59.     Exemption from complying with financial and performance management standard

           Part 4--Provisions applying to departments and statutory bodies

   60.     Application of ss 61-63
   61.     Functions of accountable officers and statutory bodies
   62.     Annual financial statements
   63.     Annual reports
   64.     Investments gifted or bequeathed to departments or statutory bodies

           Part 5--Provisions applying only to departments

           Division 1--Accountable officers

   65.     Accountable officers generally
   66.     Legislative Assembly and parliamentary service
   67.     Office of the Governor

           Division 2--Accountable officer responsibilities

   68.     Departmental budgets
   69.     Departmental accounts
   70.     Payment of tax equivalents and dividends
   71.     Borrowings by accountable officers
   72.     Losses and special payments
   73.     Recovery of moneys
   74.     Recovery of value of property
   75.     Right to recover not affected

           Division 3--Delegations

   76.     Delegations by accountable officers
   77.     Chief finance officer
   78.     Head of internal audit

           Division 4--Machinery of government changes

   79.     Availability of appropriation after redistribution of public business
   80.     Financial reporting—when redistribution of public business of department takes effect

           Division 5--Accounts with financial institutions

   81.     Moneys to be kept at financial institutions
   82.     Financial institution accounts
   83.     Departmental banking arrangements
   84.     Overdrafts

           Division 6--Derivative transactions

   85.     When departments may enter into derivative transactions
   86.     Requirement to report to appropriate Minister about derivative transactions

           Division 7--Miscellaneous

   87.     When department may invest or otherwise lend an amount
   88.     Treasurer's approval to form, or become a member of, a company

           Part 6--Other provisions

   89.     Comments or cost estimates during election period
   90.     Regulation-making power

           Part 7--Repeal and transitional provisions

           Division 1--Repeal

   91.     Repeal

           Division 2--Transitional provisions

   92.     Definitions for div 2
   93.     References to repealed Act
   94.     References to Treasury investment suspense account and financial institution account
   95.     Exemptions from complying with financial management standards
   96.     Continuing funds
   97.     Treasurer's unclaimed moneys fund

           Part 8--Amendment of Government Owned Corporations Act 1993

           Division 1--Preliminary

   98.     Act amended in pt 8

           Division 2--Amendments other than amendments of schedule 4

   99.     Amendment of s 93 (Appointment of chief executive officer—particular subsidiaries)
   100.    Replacement of s 118 (Application of Financial Administration and Audit Act)
   101.    Amendment of s 132 (GOC's financial statements must state dividend payable)
   102.    Replacement of s 155 (Application of chapter to certain GOC subsidiaries)
   103.    Omission of sch 3 (Application of FA & A Act to GOCs and prescribed GOC subsidiaries)

           Division 3--Amendments of schedule 4

   104.    Amendment of sch 4, hdg (Application of chapter 3 of Act to GOC subsidiaries)
   105.    Amendment of sch 4, s 1 (Purpose)
   106.    Amendment of sch 4, s 2 (Definitions)
   107.    Amendment of sch 4, s 3 (Application of ch 3 of the Act to GOC subsidiaries)
   108.    Amendment of sch 4, pt 2, hdg (Provisions of chapter 3 of Act as applied to GOC subsidiaries)
   109.    Replacement of sch 4, pt 2, ch 3, hdg (GOC subsidiaries)
   110.    Amendment of sch 4, s 75 (GOC subsidiary must be proprietary company limited by shares)
   111.    Amendment of sch 4, s 76 (Application of Corporations Act to GOC subsidiaries)
   112.    Amendment of sch 4, s 77 (GOC subsidiary not exempt public authority)
   113.    Amendment of sch 4, s 78 (Shareholders of a GOC subsidiary)
   114.    Amendment of sch 4, s 83 (Shareholding GOCs not directors)
   115.    Amendment of sch 4, s 84 (Resolutions without meetings)
   116.    Amendment of sch 4, s 88 (Role of board)
   117.    Amendment of sch 4, s 89 (Composition of board)
   118.    Amendment of sch 4, s 90 (Public service officers not eligible for appointment as directors)
   119.    Amendment of sch 4, s 92 (Appointment of chief executive officer)
   120.    Amendment of sch 4, s 114 (Exercise of reserve power of shareholding Ministers to notify GOC's board of public sector policies)
   121.    Amendment of sch 4, s 115 (Exercise of reserve power of shareholding Ministers to give directions in public interest)
   122.    Amendment of sch 4, s 116 (Direction given following notice of suspected insolvency)
   123.    Amendment of sch 4, s 117 (Subsidiary and board not otherwise subject to government direction)
   124.    Replacement of sch 4, s 118, hdg (Application of Financial Administration and Audit Act)
   125.    Amendment of sch 4, s 120 (Matters to be included in annual report)
   126.    Amendment of sch 4, s 121 (Deletion of commercially sensitive matters from annual report etc.)
   127.    Amendment of sch 4, s 122 (Board to keep shareholding Ministers informed)
   128.    Amendment of sch 4, s 125 (Notice of suspected insolvency otherwise than because of direction or notification)
   129.    Amendment of sch 4, s 126 (General powers of GOC subsidiaries)
   130.    Amendment of sch 4, s 127 (Doctrine of ultra vires etc. not revived)
   131.    Amendment of sch 4, s 138 (Reserve power of shareholding Ministers to direct that asset not be disposed of)
   132.    Amendment of sch 4, s 154 (Relationship of GOC subsidiaries with the State)
   133.    Amendment of sch 4, s 155 (Application of chapter to certain GOC subsidiaries)
   134.    Amendment of sch 4, s 156 (Application of Crime and Misconduct Act)
   135.    Amendment of sch 4, s 157 (Application of Ombudsman Act 2001)

           Part 9--Amendment of other Acts

   136.    Acts amended in sch 1
           SCHEDULE 1 -- CONSEQUENTIAL AND MINOR AMENDMENTS OF OTHER ACTS
           SCHEDULE 2 -- CONTINUING FUNDS
           SCHEDULE 3 -- DICTIONARY