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AUDIT (FURTHER AMENDMENT) BILL 2002

                 PARLIAMENT OF VICTORIA

           Audit (Further Amendment) Act 2001
                                   Act No.


                        TABLE OF PROVISIONS
Clause                                                                    Page

PART 1--PRELIMINARY                                                          1
  1.     Purposes                                                            1
  2.     Commencement                                                        2

PART 2--AMENDMENT OF AUDIT ACT 1994                                          3
  3.     Definitions                                                         3
  4.     New section 3A substituted                                          4
         3A.      Objectives                                                 4
  5.     Annual plan                                                         5
  6.     Annual report                                                       5
  7.     Concurrent consideration of Auditor-General's annual plan
         and budget                                                          6
  8.     Delegation                                                          6
  9.     Further amendment of delegation provisions                          7
  10.    New section 9 substituted and 9A inserted                           7
         9.       Audit opinions on financial statements                     7
         9A.      Audit opinion on annual financial report of the State      8
  11.    New section 10 substituted                                          8
         10.      Audit fees                                                 8
  12.    New section 13 substituted                                          9
         13.      Auditing standards                                         9
  13.    Increased penalty for failing to attend Auditor-General etc.       10
  14.    New sections 15 and 16 substituted                                 10
         15.      Performance audits                                        10
         16.      Audit reports to Parliament                               11
  15.    New section 16A substituted                                        13
         16A. Reports to Parliament on annual financial report of
                  the State                                                 13
  16.    New section 16AB inserted                                          14
         16AB. Transmission of reports to Parliament                        14
  17.    Consequential amendment of section 16B                             16




                                       i
541242B.A1-30/11/2001                                BILL LA AS SENT 30/11/2001

 


 

Clause Page 18. New Part 3B inserted 16 PART 3B--FURTHER FUNCTIONS AND POWERS OF AUDITOR-GENERAL 16 16C. Audits in relation to financial benefits given by the State or authorities 16 16D. Acting as auditor under the Corporations Act 18 16E. Other auditing services for authorities 18 16F. Information to public officials during course of audit 18 16G. Other financial audits 19 19. Audits of Auditor-General 20 20. Consequential repeal of section 20 21 21. Improper use of information 21 22. New section 28 inserted 22 28. Authorities 22 PART 3--STATUTORY INDEMNITY 24 23. New section 94D inserted in Constitution Act 1975 24 94D. State indemnity 24 PART 4--FINANCIAL MANAGEMENT ACT 1994 25 24. Tabling requirements for financial reports and statements 25 ENDNOTES 26 ii 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

PARLIAMENT OF VICTORIA Initiated in Assembly 31 October 2001 As amended by Assembly 29 November 2001 A BILL to make further amendments to the Audit Act 1994 with respect to the powers of the Auditor-General, to amend the Constitution Act 1975 to indemnify the Auditor-General and audit staff, to amend the Financial Management Act 1994 with respect to the tabling of financial reports and for other purposes. Audit (Further Amendment) Act 2001 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to make further amendments to the Audit 5 Act 1994 with respect to the powers of the Auditor-General; 1 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 2 Act No. (b) to amend the Constitution Act 1975 to indemnify the Auditor-General and audit staff; (c) to amend the Financial Management Act 5 1994 with respect to the tabling of financial reports. 2. Commencement (1) This Part, Part 3 and section 8 come into operation on the day after the day on which this Act receives 10 the Royal Assent. (2) The remaining provisions of this Act come into operation on 1 July 2002. _______________ 2 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 3 Act No. PART 2--AMENDMENT OF AUDIT ACT 1994 See: 3. Definitions Act No. 2/1994. (1) In section 3 of the Audit Act 1994, insert the Reprint No. 3 following definitions-- as at 1 January 5 ' "annual financial report" means the report 2000 and prepared under section 24 of the Financial amending Management Act 1994 for a financial year; Act No. 9/2000. LawToday: "business day" means a day other than a www.dms. Saturday, a Sunday or a public holiday dpc.vic. 10 gov.au appointed under the Public Holidays Act 1993; "control", in relation to an entity or company, has the same meaning as in the accounting standard that applies for the purpose of 15 deciding whether a company has to prepare consolidated financial statements under the Corporations Act; "entity" has the same meaning as in the accounting standard that applies for the 20 purpose of deciding whether a company has to prepare consolidated financial statements under the Corporations Act; "estimated financial statements" means estimated financial statements prepared 25 under section 23H of the Financial Management Act 1994; "performance audit" means-- (a) in relation to the Auditor-General or the Victorian Auditor-General's Office, an 30 audit conducted under section 19; (b) in any other case, an audit conducted under section 15;'. 3 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 4 Act No. (2) In section 3 of the Audit Act 1994, in the definition of "authority", after paragraph (b) insert-- "(c) an entity (other than a department or public 5 body) of which the State or a public body has control;". 4. New section 3A substituted For section 3A of the Audit Act 1994 substitute-- 10 "3A. Objectives (1) The objectives of this Act are-- (a) to determine whether financial statements prepared in the Victorian public sector present fairly the financial 15 position and financial results of operations of authorities and the State; (b) to determine whether-- (i) authorities are achieving their objectives effectively and doing 20 so economically and efficiently and in compliance with all relevant Acts; (ii) Victorian public sector operations and activities are being performed 25 effectively, economically and efficiently and in compliance with all relevant Acts; (c) to determine whether financial benefits given by the State or an authority to 30 non-government bodies are being applied economically, efficiently and effectively for the purposes for which they were given; 4 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 5 Act No. (d) to ensure that the Auditor-General is held accountable for his or her performance and the performance of the Victorian Auditor-General's Office. 5 (2) It is the Parliament's intention that, in pursuing these objectives, regard is had as to whether there has been any wastage of public resources or any lack of probity or financial prudence in the management or 10 application of public resources.". 5. Annual plan In section 7A of the Audit Act 1994 for sub- section (4) substitute-- "(4) As soon as practicable after the passage of 15 the annual appropriation Acts for a financial year, the Auditor-General must complete the annual plan for that year, after considering any comments received from the Parliamentary Committee. 20 (4A) The Auditor-General must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee that the Auditor-General has not adopted.". 6. Annual report 25 In section 7B(2) of the Audit Act 1994-- (a) in paragraph (d), for "such resolutions." substitute "such resolutions; and"; (b) after paragraph (d) insert-- "(e) summarise the quality control policies 30 and procedures that were in place in the Victorian Auditor-General's Office for the financial year; and (f) summarise any additional auditing standards that the Auditor-General has 5 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 7 Act No. applied under section 13(3) to the conduct of audits during the financial year.". 7. Concurrent consideration of Auditor-General's 5 annual plan and budget In section 7D(2) of the Audit Act 1994, after "Parliamentary Committee" insert "concurrently with the annual plan under section 7A". 8. Delegation 10 (1) In section 7G(1) of the Audit Act 1994, for "may delegate in writing to any person" substitute "may, by instrument, delegate to a person employed in the Victorian Auditor-General's Office or to a registered company auditor". 15 (2) In section 7G of the Audit Act 1994, for sub- section (2) substitute-- "(2) The Auditor-General may delegate to a registered company auditor who is not employed in the Victorian Auditor-General's 20 Office the power to make a report under section 9 on an audit of the financial statements of an authority only if the total expenditure disclosed in those financial statements does not exceed the threshold 25 amount.". (3) In section 7G(3) of the Audit Act 1994-- (a) for paragraph (a) substitute-- "(a) for financial statements in respect of the financial years, or any part of the 30 financial years, commencing on 1 July 2001 and 1 July 2002--$5 000 000;"; (b) in paragraph (b)-- 6 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 9 Act No. (i) for "$1 000 000" substitute "$5 000 000"; (ii) for "31 March 1999" substitute "31 March 2002". 5 (4) In section 7G of the Audit Act 1994, after sub- section (3) insert-- '(4) In this section-- "registered company auditor" has the same meaning as in the Corporations 10 Act.'. 9. Further amendment of delegation provisions In section 7G of the Audit Act 1994-- (a) in sub-section (1), for paragraphs (a) and (b) substitute-- 15 "(a) the power to express an audit opinion under section 9A; or (b) the power to make a report under section 16, 16A or 16B; or (c) this power of delegation."; 20 (b) in sub-section (2), for "make a report under section 9 on an audit of" substitute "express an audit opinion under section 9 on". 10. New section 9 substituted and 9A inserted For section 9 of the Audit Act 1994 substitute-- 25 "9. Audit opinions on financial statements (1) After auditing an authority's financial statements under section 8(1), the Auditor- General must express a written audit opinion on the financial statements to the authority. 30 (2) The audit opinion must be expressed within 4 weeks after the day on which the financial 7 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 11 Act No. statements were received by the Auditor- General for auditing. (3) The Auditor-General must give a copy of each audit opinion on the financial 5 statements of an authority to-- (a) the Minister responsible for the authority; and (b) the Minister administering this section. 9A. Audit opinion on annual financial report of 10 the State (1) The Auditor-General must express a written audit opinion on each annual financial report to the Minister who prepared the annual financial report. 15 (2) The audit opinion must be expressed a reasonable time before the annual financial report to which it relates is required to be laid before, or given to the clerk of, each House of the Parliament under section 27D 20 of the Financial Management Act 1994.". 11. New section 10 substituted For section 10 of the Audit Act 1994 substitute-- "10. Audit fees 25 (1) An authority must pay to the Consolidated Fund an amount determined by the Auditor- General to defray the reasonable costs and expenses incurred by or on behalf of the Auditor-General in conducting an audit of 30 the financial statements of the authority and expressing an audit opinion on them under section 9. (2) The Minister who prepared the annual financial report must pay to the Consolidated 8 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 12 Act No. Fund an amount determined by the Auditor- General to defray the reasonable costs and expenses incurred by the Auditor-General in conducting an audit of the annual financial 5 report and expressing an audit opinion on it under section 9A. (3) The Minister who prepared the estimated financial statements must pay to the Consolidated Fund an amount determined by 10 the Auditor-General to defray the reasonable costs and expenses incurred by the Auditor- General in reviewing the estimated financial statements and making a report on them under section 16B. 15 (4) If an authority or the Minister referred to in sub-section (2) or (3) disputes the reasonableness of an amount to be paid by the authority or Minister under this section, the dispute is to be referred to arbitration 20 under the Commercial Arbitration Act 1984.". 12. New section 13 substituted For section 13 of the Audit Act 1994 substitute-- 25 "13. Auditing standards (1) The general auditing standards as issued from time to time by CPA Australia and the Institute of Chartered Accountants in Australia must be applied in the performance 30 of functions and exercise of powers in relation to audits under this Act. (2) A performance audit must be conducted in accordance with the performance auditing standards as issued from time to time by 9 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 13 Act No. CPA Australia and the Institute of Chartered Accountants in Australia. (3) The Auditor-General may apply additional auditing standards, not inconsistent with the 5 standards referred to in sub-section (1) or (2), to the conduct of audits under this Act. Note: These additional standards must be summarised in the Auditor-General's annual report--see section 7B(2)(f).". 10 13. Increased penalty for failing to attend Auditor- General etc. For the penalty at the foot of section 14(1) of the Audit Act 1994 substitute-- "Penalty: 50 penalty units, in the case of a natural 15 person; 250 penalty units, in the case of a body corporate.". 14. New sections 15 and 16 substituted For sections 15 and 16 of the Audit Act 1994 20 substitute-- '15. Performance audits (1) The Auditor-General may conduct any audit he or she considers necessary to determine-- (a) whether an authority is achieving its 25 objectives effectively and doing so economically and efficiently and in compliance with all relevant Acts; or (b) whether the operations or activities of the whole or any part of the Victorian 30 public sector (whether or not those operations or activities are being performed by an authority or authorities) are being performed effectively, economically and 10 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 14 Act No. efficiently and in compliance with all relevant Acts. (2) Before conducting a performance audit, the Auditor-General, in consultation with the 5 Parliamentary Committee and any relevant authorities, must prepare a specification for the audit that sets out the particular objectives of the audit and any particular issues to be addressed. 10 (3) The Auditor-General, in consultation with the Parliamentary Committee, is to determine-- (a) the intervals at which performance audits of a particular authority are to be 15 conducted; and (b) the number of performance audits to be conducted in each financial year. 16. Audit reports to Parliament (1) The Auditor-General may make a report to 20 the Parliament on any one or more audits conducted by or on behalf of him or her under this or any other Act. (2) In a report under this section, the Auditor- General-- 25 (a) may include any information he or she thinks desirable in relation to matters that are the subject of the audit to which the report relates; and (b) must set out the reasons for opinions 30 expressed in the report; and (c) may include any recommendations arising out of the audit that he or she thinks fit to make. 11 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 14 Act No. (3) After preparing a proposed report, the Auditor-General must-- (a) give a copy of it, or part of it, to-- (i) any authority to which the 5 proposed report or part relates or that, in the Auditor-General's opinion, has a special interest in the proposed report or part; and (ii) in the case of a proposed report or 10 part of a proposed report on a performance audit referred to in section 15(1)(b)--the department head of the department for which the Minister administering that 15 section is responsible; and (b) ask the authority or department head (as the case requires), in writing, for submissions or comments before a specified date, being-- 20 (i) in the case of a proposed report on a performance audit--at least 10 business days after the proposed report or part is given to the authority or department head; 25 or (ii) in the case of a proposed report on any other audit--at least 5 business days after the proposed report or part is given to the 30 authority. (4) The Auditor-General must include in the report to the Parliament any submissions or comments made before the specified date, or a summary of them in a form agreed between 12 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 15 Act No. the Auditor-General and the authority or department head. (5) Nothing in this section entitles the Auditor- General to question the merits of policy 5 objectives of the Government. (6) In sub-section (5)-- "policy objectives" includes-- (a) a Government policy direction of a Minister; 10 (b) a policy statement in a Budget Paper; (c) a statement of objectives in a corporate plan of an authority approved by a Minister; 15 (d) any other document evidencing a policy decision of the Government or a Minister.'. 15. New section 16A substituted For section 16A of the Audit Act 1994 20 substitute-- '16A. Reports to Parliament on annual financial report of the State (1) The Auditor-General must make a report to the Parliament on each annual financial 25 report. (2) A report under this section may include any information and recommendations that the Auditor-General thinks fit-- (a) for the more effective and efficient 30 management of public resources; and 13 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 16 Act No. (b) for the keeping of proper accounts and records of the transactions relating to public resources. (3) After preparing a proposed report, the 5 Auditor-General must-- (a) give a copy of it to the Minister; and (b) ask the Minister, in writing, for submissions or comments before a specified date, being at least 10 10 business days after the proposed report is given to him or her. (4) The Auditor-General must include in the report to the Parliament any submissions or comments made before the specified date, or 15 a summary of them in a form agreed between the Auditor-General and the Minister. (5) In this section, "Minister" means the Minister who prepared the annual financial report.'. 20 16. New section 16AB inserted After section 16A of the Audit Act 1994 insert-- "16AB. Transmission of reports to Parliament (1) This section applies to a report under section 16 or 16A. 25 (2) The Auditor-General must cause the report to be transmitted to each House of the Parliament-- (a) in the case of a report under section 16--as soon as practicable after 30 it has been completed; (b) in the case of a report under section 16A--on or before 14 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 16 Act No. 24 November next following the financial year to which it relates. (3) The clerk of each House of the Parliament must cause the report to be laid before the 5 House on the day on which it is received or on the next sitting day of the House. (4) If the Auditor-General proposes to transmit a report to the Parliament when the Parliament is in recess, the Auditor-General must-- 10 (a) give one business day's notice of his or her intention to do so to the clerk of each House of the Parliament; and (b) give the report to the clerk of each House on the day indicated in the 15 notice; and (c) publish the report on the Auditor- General's Internet website as soon as practicable after giving it to the clerks. (5) The clerk of each House must-- 20 (a) notify each member of the House of the receipt of a notice under sub-section (4)(a) on the same day that the clerk receives that notice; and (b) give a copy of a report to each member 25 of the House as soon as practicable after the report is received under sub- section (4)(b); and (c) cause the report to be laid before the House on the next sitting day of the 30 House. (6) A report that is given to the clerks under sub- section (4)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament. 15 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 17 Act No. (7) The publication of a report by the Auditor- General under sub-section (4)(c) is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 5 1975 and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and 10 had been published by the Government Printer under the authority of the Parliament. (8) For the purposes of this section, the Parliament is in recess when each House stands adjourned to a date to be fixed by the 15 presiding officer of that House." 17. Consequential amendment of section 16B In section 16B of the Audit Act 1994-- (a) in sub-section (1), omit "prepared under section 23H of the Financial Management 20 Act 1994"; (b) in sub-section (6), in the definition of "policy objectives", for "16(9)" substitute "16(6)". 18. New Part 3B inserted After Part 3A of the Audit Act 1994 insert-- 25 'PART 3B--FURTHER FUNCTIONS AND POWERS OF AUDITOR-GENERAL 16C. Audits in relation to financial benefits given by the State or authorities (1) The Auditor-General may conduct any audit 30 he or she considers necessary to determine whether a financial benefit given by the State or an authority to a person or body that is not an authority has been applied economically, 16 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 18 Act No. efficiently and effectively for the purposes for which it was given. (2) The following sections of this Act apply to an audit under this section as if references in 5 those sections to an authority were references to the person or body that received the financial benefit-- (a) section 11 (power to call for persons and documents); 10 (b) section 12 (access to information); (c) section 13 (auditing standards); (d) section 14 (offences); (e) section 16 (audit reports to Parliament); (f) section 16F (giving information during 15 the course of an audit); (g) section 20A (improper use of information). (3) In this section-- "financial benefit" means any form of 20 financial benefit, other than a financial benefit received by a person or body as consideration for goods or services provided by them under an agreement entered into on commercial terms. 25 Example An example of a financial benefit is a payment made by a department to a body that is not obliged to provide goods or services of approximately equal value directly back to the 30 department in return. 17 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 18 Act No. 16D. Acting as auditor under the Corporations Act (1) The Auditor-General may accept appointment under the Corporations Act as 5 the auditor of a State company. (2) The Auditor-General may charge fair and reasonable fees in respect of the appointment. (3) This section does not limit the Auditor- 10 General's functions under section 16E. (4) In this section, "State company" means a company of which the State or an authority has control. Note: Section 3 defines "control" by reference to the 15 relevant accounting standard. 16E. Other auditing services for authorities (1) At the request of an authority, the Auditor- General may enter into an arrangement with the authority for the provision by the 20 Auditor-General of other auditing services to the authority. (2) An authority may make a request under sub- section (1) only with the approval of the Minister responsible for the authority. 25 (3) An arrangement may provide for the payment of fair and reasonable fees to the Auditor-General in respect of his or her services. 16F. Information to public officials during 30 course of audit (1) At any time during the conduct of an audit, the Auditor-General may give written information to a person or body referred to in sub-section (2) concerning any matter that 18 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 18 Act No. the Auditor-General considers warrants urgent investigation or attention. (2) The persons or bodies to whom information may be given under this section are-- 5 (a) a Minister; (b) the Chief Commissioner of Police; (c) an authority; (d) a member, officer or employee of an authority; 10 (e) the holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister. (3) If the Auditor-General gives information 15 under this section, he or she must-- (a) notify the Premier; and (b) include a statement in the audit report that he has given information to a person or body under this section 20 during the conduct of the audit. 16G. Other financial audits (1) At the request of a person or body that is not an authority, the Auditor-General may enter into an arrangement with that person or body 25 to audit its financial statements. (2) Before entering into an arrangement, the Auditor-General must be satisfied that-- (a) the person or body exists for a public purpose; and 30 (b) it is practicable and in the public interest for the Auditor-General to audit 19 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 19 Act No. the financial statements of the person or body. (3) An arrangement may provide for the payment of fair and reasonable fees to the 5 Auditor-General in respect of the audit. (4) The following sections of this Act apply to an audit by the Auditor-General pursuant to an arrangement made under this section as if references in those sections to an authority 10 were references to the person or body with which the arrangement is made-- (a) section 8 (audit of financial statements); (b) section 9 (audit opinions on financial 15 statements); (c) section 11 (power to call for persons and documents); (d) section 12 (access to information); (e) section 13 (auditing standards); 20 (f) section 14 (offences); (g) section 16 (audit reports to Parliament); (h) section 16F (giving information during the course of an audit); (i) section 20A (improper use of 25 information).'. 19. Audits of Auditor-General (1) In section 18(3)(a) of the Audit Act 1994-- (a) for "10 days" substitute "10 business days"; (b) for "7 days" substitute "5 business days". 20 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 20 Act No. (2) Insert the following heading to section 19 of the Audit Act 1994-- "Performance audit of Auditor-General and Victorian Auditor-General's Office". 5 (3) In section 19 of the Audit Act 1994-- (a) in sub-section (1), for "Auditor-General is achieving his or her objectives" substitute "Auditor-General and the Victorian Auditor- General's Office are achieving their 10 objectives"; (b) in sub-section (6)-- (i) in paragraph (a), for "28 days" substitute "20 business days"; (ii) in paragraph (b), for "14 days" 15 substitute "10 business days". 20. Consequential repeal of section 20 Section 20 of the Audit Act 1994 is repealed. 21. Improper use of information (1) For the penalty at the foot of section 20A of the 20 Audit Act 1994 substitute-- "Penalty: 50 penalty units, in the case of a natural person; 250 penalty units, in the case of a body corporate.". 25 (2) At the end of section 20A of the Audit Act 1994 insert-- "(2) A person who receives a proposed report, or part of a proposed report, of the Auditor- General under this Act must not disclose any 30 information contained in it except-- 21 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 22 Act No. (a) in the course of performing the person's official duties; or (b) after the information has been made public in a report by the Auditor- 5 General. Penalty: 50 penalty units, in the case of a natural person; 250 penalty units, in the case of a body corporate. 10 (3) A person to whom information is given under section 16F must not disclose it except-- (a) in the course of performing the person's official duties; or 15 (b) after the information has been made public in a report by the Auditor- General. Penalty: 50 penalty units, in the case of a natural person; 20 250 penalty units, in the case of a body corporate.". 22. New section 28 inserted After section 27 of the Audit Act 1994 insert-- '28. Authorities 25 (1) This section applies to an entity (other than a department or public body) of which the State or a public body has control if-- (a) the entity was in existence on 1 July 2002; and 30 (b) a person or body other than the Auditor-General had been appointed, 22 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 22 Act No. before 1 July 2002, as the auditor of the entity; and (c) that appointment was in force on 1 July 2002. 5 (2) Despite paragraph (c) of the definition of "authority" in section 3, an entity to which this section applies is not an authority for the purposes of this Act until the current term of the appointment referred to in sub- 10 section (1)(b) expires.'. _______________ 23 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 23 Act No. PART 3--STATUTORY INDEMNITY See: 23. New section 94D inserted in Constitution Act 1975 Act No. 8750/1975. After section 94C of the Constitution Act 1975 Reprint No. 14 insert-- as at 1 July 2000 5 "94D. State indemnity and amending Act Nos (1) This section applies to-- 6/2001, 12/2001, (a) the Auditor-General; 19/2001 and 40/2001. (b) the Deputy Auditor-General; LawToday: www.dms. (c) a person acting in the office of Auditor- dpc.vic. 10 General or Deputy Auditor-General; gov.au (d) an employee referred to in section 7E of the Audit Act 1994. (2) The State must indemnify a person to whom this section applies against any liability that 15 he or she incurs for anything done or omitted to be done in good faith-- (a) in the exercise of a power or the performance of a function or duty under the Audit Act 1994 or any other Act; or 20 (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under the Audit Act 1994 or any other Act. 25 (3) The indemnity does not cover a liability of a person to the extent to which he or she is entitled to be indemnified against the liability by a person other than the State, whether under a contract of insurance or 30 otherwise.". _______________ 24 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 s. 24 Act No. PART 4--FINANCIAL MANAGEMENT ACT 1994 See: 24. Tabling requirements for financial reports and Act No. statements 18/1994. Reprint No. 4 (1) In section 27D of the Financial Management as at 19 April 2000 5 Act 1994, for sub-sections (2) and (3) and substitute-- amending Act Nos "(2) Subject to this section, the Minister must 11/2001, 44/2001 and cause a document to which this section 50/2001. applies to be laid before-- LawToday: www.dms. 10 (a) a House of the Parliament on or before dpc.vic. gov.au the release day for that document; and (b) the other House on the same day or, if that House is not then sitting, on the next sitting day of that House.". 15 (2) In section 27D(4)(a) of the Financial Management Act 1994, for "the Legislative Assembly" substitute "either House of the Parliament". 25 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


 

Audit (Further Amendment) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 26 541242B.A1-30/11/2001 BILL LA AS SENT 30/11/2001

 


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