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TASMANIA
__________
JOINT STANDING COMMITTEE ON
FINANCIAL OPERATIONS BILL 2002
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
PART 2 JOINT STANDING COMMITTEE ON
FINANCIAL OPERATIONS
4. Constitution of Committee
5. Vacancies
6. Functions of Committee
PART 3 PROCEEDINGS OF COMMITTEE
7. Proceedings of Committee
8. Secretary of Committee
9. Conduct of meetings
10. Resolutions without meetings
11. Reports
12. Minutes
13. Evidence taken before previous committees
14. Assessors
[Bill 64]-IV
15. Disclosure of interests
PART 4 WITNESSES BEFORE COMMITTEE
16. Power to summon witnesses
17. Power to take evidence
18. Witnesses' expenses
PART 5 MISCELLANEOUS AND SUPPLEMENTAL
19. Power of House of Assembly to extend Act
20. Conditions precedent to commencing public works
21. Power to enter land, &c.
22. Proceedings to be instituted by Attorney-General only
23. Membership of Committee not an office of profit
24. Regulations
25. Administration of Act
26. Government Business Enterprises Act 1995 amended
27. Public Account Act 1986 amended
28. Roads and Jetties Act 1935 amended
29. Acts repealed
SCHEDULE 1 ACTS REPEALED
2
JOINT STANDING COMMITTEE ON
FINANCIAL OPERATIONS BILL 2002
(Brought in by the Premier, the Honourable James
Alexander Bacon)
A BILL FOR
An Act to provide for the establishment of a Joint
Standing Committee on Financial Operations, to
repeal the Public Accounts Committee Act 1970 and
the Public Works Committee Act 1914 and to amend
other Acts
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Joint Standing Committee
on Financial Operations Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 64] 3
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Interpretation
3. In this Act, unless the contrary intention appears
"Agency" has the same meaning as in the State
Service Act 2000;
"Committee" means the Joint Standing Committee
on Financial Operations referred to in
section 4(1);
"Government Business Enterprise" has the same
meaning as in the Government Business
Enterprises Act 1995;
"member" means a member of the Committee;
"presiding officers" means the President of the
Legislative Council and the Speaker of the
House of Assembly;
"public sector finances" includes
(a) any money forming part of, or payable
to, the Consolidated Fund or an account
in the Special Deposits and Trust Fund;
and
(b) any money received by
(i) an Agency; or
(ii) a Government Business
Enterprise; or
(iii) a statutory authority; or
(iv) a local authority; and
(c) any expenditure which is made or
authorised by
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2002 Joint Standing Committee on Financial No. s. 3
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(i) an Appropriation Act or any other
Act; or
(ii) an Agency; or
(iii) a Government Business
Enterprise; or
(iv) a statutory authority; or
(v) a local authority; and
(d) any liability for the satisfaction of which
any expenditure by the Crown is, or may
be, required;
"repealed Act" means the Public Accounts
Committee Act 1970 or the Public Works
Committee Act 1914;
"statutory authority" means a body or authority,
whether incorporated or not, which is
established or constituted by or under an Act
or under the royal prerogative, being a body or
authority which, or of which the governing
authority, wholly or partly comprises a person
or persons appointed by the Governor, a
Minister or another statutory authority and
includes the governing authority of a statutory
authority.
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PART 2 JOINT STANDING COMMITTEE ON
FINANCIAL OPERATIONS
Constitution of Committee
4. (1) There is to be a joint committee of the Legislative
Council and House of Assembly, to be known as the Joint
Standing Committee on Financial Operations.
(2) The Committee is to be appointed at the
commencement of the first session of each Parliament
according to the practice regulating the appointment of
members of Parliament to serve on select committees of
the Legislative Council and House of Assembly
respectively.
(3) The Committee is to consist of 6 members, of
whom 3 are to be members of the Legislative Council and 3
are to be members of the House of Assembly.
(4) A person is not to be appointed, or continue, as a
member if he or she is or becomes
(a) a Minister of the Crown; or
(b) the President of the Legislative Council; or
(c) the Speaker of the House of Assembly; or
(d) the Leader of the Government or the deputy
Leader of the Government in the Legislative
Council.
(5) Subject to this Act, the members
(a) hold office as a joint committee for the
duration of the House of Assembly for the time
being; and
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(b) cease to hold office when that House expires by
dissolution or effluxion of time; and
(c) may exercise the powers and functions
conferred, and must perform the duties
imposed, on the Committee by this Act.
Vacancies
5. (1) A member may resign his or her office as a member
by writing addressed to the Governor.
(2) The office of a member becomes vacant for any
reason that would vacate his or her seat as a member of
the Legislative Council or House of Assembly, as the case
may be.
(3) Where a vacancy occurs in the office of a
member, it is to be filled by appointment as provided in
section 4(2) within the next 10 sitting days of the House of
Parliament by which the member was appointed.
(4) If the vacancy arises when the Parliament is not
in session or if the vacancy, having arisen when the
Parliament was in session, remains unfilled when the
Parliament is not in session, the Governor is to appoint a
member of Parliament to fill the vacancy temporarily until
it is filled by appointment as provided by this section.
Functions of Committee
6. (1) The Committee must inquire into, consider and
report to the Parliament on any matter referred to the
Committee by either House relating to
(a) the management, administration or use of
public sector finances; or
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(b) the accounts of any statutory authority or
other organisation controlled by the State or in
which the State has an interest.
(2) The Committee may inquire into, consider and
report to the Parliament on
(a) any matter arising in connection with public
sector finances that the Committee considers
appropriate; and
(b) any matter referred to the Committee by the
Auditor-General.
(3) Subject to this Act, the Committee is to consider
and report
(a) on any proposed public works the cost of which
is to be paid out of the Consolidated Fund; and
(b) whether those works are a continuation,
completion, repair, reconstruction, extension
or new works
in all cases where the estimated cost of completing the
works exceeds $2 000 000.
(4) Subsection (3) does not apply to any public works
which may be excluded from the operation of this Act by a
resolution to that effect passed by each House of
Parliament.
(5) In considering and reporting on any works, the
Committee is to have regard to
(a) the stated purpose of the works; and
(b) the necessity or advisability of carrying out the
works and, where the works purport to be of a
revenue-producing character, the amount of
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revenue which they may reasonably be
expected to produce; and
(c) the present and prospective public value of the
works
and generally the Committee is in all cases to take such
measures and procure such information as may enable it
to inform or satisfy Parliament as to the expediency of
carrying out the works.
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PART 3 PROCEEDINGS OF COMMITTEE
Proceedings of Committee
7. (1) Any 4 members constitute a quorum of the
Committee.
(2) There is to be a chairperson and deputy
chairperson of the Committee, who are to be elected by the
members at the first meeting of the Committee or as soon
as practicable after that meeting.
(3) The chairperson must be a member of the
Legislative Council.
(4) If the chairperson is absent from a meeting of the
Committee, the deputy chairperson is to preside at all
meetings of the Committee at which he or she is present.
(5) At a meeting of the Committee at which a
quorum is present, the members in attendance may, in the
absence of the chairperson and deputy chairperson,
appoint one of them to be temporary chairperson, and the
temporary chairperson has, during the absence of the
chairperson and deputy chairperson, all the powers of the
chairperson.
(6) At meetings of the Committee
(a) the chairperson or, in his or her absence, the
deputy chairperson has a deliberative vote
only; and
(b) when the votes on a question are equal the
question passes in the negative.
(7) Where a division is called for on any question,
the names of the members voting are to be stated in the
minutes and in the report of the Committee.
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(8) The Committee may sit and transact business
during any adjournment or recess of Parliament and may
sit at such times and in such places, and conduct its
proceedings in such manner, as it thinks proper.
(9) Where the Committee reports on a matter under
this Act, the report is to include, if a member so requests,
any dissenting view on any matter before the Committee.
Secretary of Committee
8. (1) The presiding officers, acting jointly, are to appoint
an officer of either of the Houses of Parliament to be the
secretary of the Committee.
(2) Notwithstanding section 21(1) of the Acts
Interpretation Act 1931, in the event of the sickness or
absence of the secretary, or his or her inability to act, the
presiding officers may jointly select an officer of either of
the Houses of Parliament to act in the place of the
secretary for the period or until the date that the presiding
officers may jointly determine, and while so acting that
officer is, for all purposes, to be regarded as the secretary.
Conduct of meetings
9. (1) Subject to this Act, the Committee may regulate the
calling of, and the conduct of business at, its meetings as it
considers appropriate.
(2) The Committee may permit members to
participate in a particular meeting or all meetings by
(a) telephone; or
(b) video conference; or
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(c) any other means of communication approved
by the Committee.
(3) A member who participates in a meeting under a
permission granted under subsection (2) is taken to be
present at the meeting.
(4) Without limiting subsection (1), the Committee
may allow a person to attend a meeting for the purpose of
advising or informing it on any matter.
Resolutions without meetings
10. (1) If all members appointed sign a document
containing a statement that they are in favour of a
resolution in the terms set out in the document, a
resolution in those terms is taken to have been passed at a
meeting of the Committee held on the day on which the
document is signed or, if the members do not sign it on the
same day, on the day on which the last of the members
signs the document.
(2) If a resolution is taken to have been passed
under subsection (1), each member is to be
(a) advised of the matter as soon as practicable;
and
(b) given a copy of the terms of the resolution.
(3) For the purposes of subsection (1), 2 or more
separate documents containing a statement in identical
terms, each of which is signed by one or more members,
are taken to constitute one document.
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Reports
11. (1) The Committee, before the commencement of each
session of Parliament, must make a report to the Governor
of its proceedings under this Act.
(2) The report is to be laid before both Houses of
Parliament within 14 days after it is made, if Parliament
is then sitting, and, if not, within 14 days after the
commencement of the next session.
Minutes
12. The Committee is to keep full and accurate minutes of
its proceedings.
Evidence taken before previous committees
13. Where
(a) any matter was referred to a committee
appointed under a repealed Act; and
(b) that committee has not reported on the
matter
the evidence taken before that committee may be
considered by the Committee appointed under this Act as
if
(c) the matter had been referred to the Committee
for report under this Act; and
(d) that evidence had been given before and for
the information and guidance of the
Committee.
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Assessors
14. (1) The Committee may, in the exercise of any powers
conferred on it by this Act, call in the aid of one or more
assessors, who are to be persons of engineering or other
technical knowledge, or possessing special local knowledge
or experience.
(2) Any such assessor is entitled to be paid such
remuneration as the Committee may recommend and the
presiding officers may approve.
Disclosure of interests
15. (1) If a member has a direct or indirect pecuniary
interest in a matter being considered, or about to be
considered, by the Committee, the member must, as soon
as practicable after the relevant facts come to the
member's knowledge, disclose the nature of the interest to
the Committee.
Penalty: Fine not exceeding 10 penalty units or a
term of imprisonment not exceeding 3
months, or both.
(2) Unless the Committee otherwise determines, a
member who has made a disclosure under subsection (1) in
respect of a matter must not
(a) be present during any deliberation of the
Committee in respect of the matter; or
(b) take part in any decision of the Committee in
respect of the matter.
(3) During any deliberation of the Committee for the
purpose of making a determination under subsection (2),
the member to whom the matter for determination relates
must not
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(a) be present during any deliberation of the
Committee for the purpose of making the
determination; or
(b) take part in making the determination.
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PART 4 WITNESSES BEFORE COMMITTEE
Power to summon witnesses
16. (1) The Committee may summon witnesses to appear
before it to give evidence and to produce documents, and
for that purpose has all the power and authority of a select
committee of the House of Assembly.
(2) A summons to a witness must be in accordance
with a form approved by the presiding officers and is to be
signed by the chairperson or deputy chairperson.
(3) A summons to a witness may be served on the
witness either personally or by being left at or sent by post
to his or her usual place of business or abode.
(4) A witness who is summoned to appear, or who
appears, before the Committee has the same protection
and privileges as a witness in an action in the Supreme
Court.
(5) Except where the Committee considers that
there is good and sufficient reason to take evidence in
private, all evidence is to be taken by the Committee in
public.
(6) Notwithstanding subsection (5), the Committee,
when requested by a witness, is to take in private any
evidence that, in the opinion of the Committee, relates to a
secret or confidential matter.
(7) Subject to subsection (8), the Committee may
disclose or publish, or authorise the disclosure or
publication of, evidence taken in private.
(8) Where
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(a) any evidence of a witness is taken in private;
and
(b) the Committee is of the opinion that the
evidence relates to a secret or confidential
matter; and
(c) the witness requests that that evidence be not
published
the Committee must not, without the consent in writing of
the witness, disclose or publish, or authorise the disclosure
or publication of, that evidence, unless it has already been
lawfully published.
(9) Where evidence is taken by the Committee in
private, a person (whether a member or not) must not,
without the authority of the Committee, given in writing
by the chairperson, disclose or publish that evidence
unless it has already been lawfully published.
(10) References in this section to evidence are taken
to include references to documentary evidence, and
references to evidence given by a witness are taken to
include references to any part of the evidence so given.
(11) Any person who discloses or publishes any
evidence contrary to this section is guilty of an offence
punishable on summary conviction and is liable to a fine
not exceeding 100 penalty units or imprisonment for a
term not exceeding 12 months, or both.
(12) Section 2A of the Parliamentary Privilege Act
1858 applies to any matter being examined by the
Committee under this Act.
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Power to take evidence
17. The Committee may examine a witness on his or her
solemn declaration, and that examination is to be
conducted in accordance with the Standing Orders of
either House relating to select committees.
Witnesses' expenses
18. A witness appearing before the Committee to give
evidence is entitled to be paid fees and travelling expenses
as the chairperson or deputy chairperson considers proper
in accordance with a scale approved by the presiding
officers.
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PART 5 MISCELLANEOUS AND SUPPLEMENTAL
Power of House of Assembly to extend Act
19. The House of Assembly may, by resolution, in respect
of any public works the estimated cost of which does not
exceed $2 000 000, direct that the works are to be referred
to the Committee, in which case the application of this Act
extends to those works.
Conditions precedent to commencing public works
20. (1) If the estimated cost of completing proposed public
works to which section 6 applies exceeds $2 000 000,
whether the works are a continuation, completion, repair,
reconstruction, extension or new works, the works must
not be commenced unless the works have first been
referred to, and reported on, by the Committee in
accordance with this section.
(2) Subsection (1) does not apply to any public works
which are excluded from the operation of this Act by a
resolution to that effect passed by each House of
Parliament.
(3) Before the submission to Parliament of any such
proposed public works, the Governor, by writing addressed
to the Committee, is to refer the proposed works to the
Committee for its report.
(4) With every such reference to the Committee
there is to be furnished to the Committee an estimate of
the cost of those works when completed, together with
such plans and specifications or other descriptions as the
Minister having the administration of the Public Works
Construction Act 1880 considers proper, the prescribed
reports on the probable cost of construction and
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maintenance and an estimate of the probable revenue, if
any, to be derived from the works.
(5) The estimates, plans, specifications, descriptions,
and reports are to be authenticated or verified as
prescribed by the regulations.
(6) The Committee is to deal with the matter as soon
as practicable, having regard to the nature and importance
of the proposed works, and is to report to the House of
Assembly, if that House is then in session, and, if not, to
the Governor, the result of its inquiries.
(7) If, in a report under subsection (6), the
Committee does not recommend the carrying out of the
works to which the report relates, those works must not be
commenced unless and until the works have been
authorised by an Act.
Power to enter land, &c.
21. (1) The Committee may, either itself or by a person
appointed by it to prosecute any inquiry, enter and inspect
any land, building, place or material, the entry or
inspection of which appears to it necessary or desirable for
the purposes of this Act.
(2) The Committee must give notice of the intended
entry or inspection, in accordance with the regulations, to
the owner or occupier of that land, building, place or
material.
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Proceedings to be instituted by Attorney-General
only
22. Proceedings for offences against this Act are to be
instituted only by the Attorney-General or by his or her
direction.
Membership of Committee not an office of profit
23. The office of a member does not constitute an office of
profit or emolument within the meaning of the
Constitution Act 1934 and the acceptance and holding of
that office does not
(a) render the holder of the office incapable of
sitting or voting as a member of either House
of Parliament; or
(b) make void the election of the holder of the
office as a member of either House of
Parliament.
Regulations
24. (1) The Governor may make regulations for the
purposes of this Act.
(2) Regulations may be made so as to apply
differently according to matters, limitations or restrictions,
whether as to time, circumstance or otherwise, specified in
the regulations.
(3) The regulations may
(a) provide that a contravention of, or a failure to
comply with, any of the regulations is an
offence; and
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(b) in respect of such an offence, provide for the
imposition of a fine not exceeding 10 penalty
units and, in the case of a continuing offence, a
further fine not exceeding one penalty unit for
each day during which the offence continues.
(4) The regulations may authorise any matter to be
from time to time determined, applied or regulated by the
Minister or an officer or person nominated in the
regulations.
(5) The regulations may contain provisions of a
savings or transitional nature consequent on the
enactment of this Act or complementary legislation.
(6) A provision referred to in subsection (5) may take
effect on and from the day on which this Act commences or
a later day.
Administration of Act
25. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act, except
section 20, is assigned to the Premier; and
(b) the administration of section 20 is assigned to
the Treasurer; and
(c) the department responsible to the Premier in
relation to the administration of this Act,
except section 20, is the Department of
Premier and Cabinet; and
(d) the department responsible to the Treasurer in
relation to the administration of section 20 is
the Department of Treasury and Finance.
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Government Business Enterprises Act 1995 amended
26. Section 56(4) of the Government Business Enterprises
Act 1995 is amended as follows:
(a) by omitting "Parliamentary Standing
Committee of Public Accounts" and
substituting "Joint Standing Committee on
Financial Operations";
(b) by omitting "section 6 (1) (b) of the Public
Accounts Committee Act 1970" and
substituting "section 6(1)(b) of the Joint
Standing Committee on Financial Operations
Act 2002".
Public Account Act 1986 amended
27. Section 4(2) of the Public Account Act 1986 is amended
by omitting paragraph (a) and substituting the following
paragraph:
(a) the commencement of any public works
contrary to section 20 of the Joint Standing
Committee on Financial Operations Act 2002;
Roads and Jetties Act 1935 amended
28. Part VII of the Roads and Jetties Act 1935 is repealed.
Acts repealed
29. The Acts specified in Schedule 1 are repealed.
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SCHEDULE 1 ACTS REPEALED
Section 29
Public Accounts Committee Act 1970 (No. 54 of 1970)
Public Works Committee Act 1914 (No. 32 of 1914)
Public Works Committee Amendment Act 2001 (No. 108 of
2001)
24 Government Printer, Tasmania