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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.