GOVERNMENT BUSINESS ENTERPRISES ACT 1995 - SECT 114 Treasurer's Instructions
GOVERNMENT BUSINESS ENTERPRISES ACT 1995 - SECT 114
Treasurer's Instructions
(1) The Treasurer may issue instructions, in writing, in respect of guidelines, principles, practices and procedures to be observed by Government Business Enterprises in relation to (a) corporate plans; and(b) annual reports; and(c) the financial management of Government Business Enterprises; and(d) community service obligations; and(e) the financial obligations of Government Business Enterprises; and(f) the accounting policies of Government Business Enterprises; and(g) any other matter in relation to which this Act requires or authorises the making of Treasurer's Instructions.(1A) Treasurer's Instructions may include a declaration of a prescribed Government Business Enterprise or prescribed subsidiary under section 67 .(2) Treasurer's Instructions may be issued so as to (a) apply at all times, at a specified time or for a specified period; and(b) apply to (i) all Government Business Enterprises; or(ii) a specified Government Business Enterprise; or(iii) a specified class of Government Business Enterprise; or(iv) a specified part of a specified Government Business Enterprise or class of Government Business Enterprise; and(c) require a matter affected by them to be in accordance with a specified standard or specified requirement; and(d) require a matter affected by them to be approved by a specified person or specified class of persons; and(e) specify that a specified person or specified class of persons is to determine a specified matter; and(f) exempt from a provision of the Treasurer's Instructions, whether on specified conditions or unconditionally and either wholly or to such extent as is specified (i) a specified person or a specified class of persons; or(ii) a specified matter affected by them or a specified class of such matters; or(iii) a specified thing or a specified class of things; or(iv) a specified act or a specified class of acts; and(g) exempt from a provision of the Australian Accounting Standards, or vary those Standards in their application to, a specified Government Business Enterprise or a specified class of Government Business Enterprise; and(h) provide guidelines relating to (i) the determination, calculation and payment of income tax equivalents, guarantee fees, dividends, interim dividends and special dividends; and(ii) any other matter connected with income tax equivalents, guarantee fees, dividends, interim dividends and special dividends; and(iii) borrowing, investment and debt management activities.(3) A Treasurer's Instruction which is inconsistent with this Act or any other enactment is invalid to the extent of the inconsistency.(4) Treasurer's Instructions to be complied with by a Government Business Enterprise do not have any effect until a copy of them is provided to the Government Business Enterprise.(5) Treasurer's Instructions are not statutory rules within the meaning of the Rules Publication Act 1953 .(6) For the purposes of section 22 of the Acts Interpretation Act 1931 , a Treasurer's Instruction is an instrument of a like nature to an order.