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PARLIAMENT OF VICTORIA
Audit (Amendment) Act 2003
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 6
7. Concurrent consideration of Auditor-General's annual plan
and budget 6
8. Assistance for Auditor-General 6
9. Delegation 7
10. Further amendment of delegation provisions 8
11. New section 7H inserted 8
7H. State indemnity 8
12. New section 9 substituted and 9A inserted 9
9. Audit opinions on financial statements 9
9A. Audit opinion on annual financial report of the State 10
13. New section 10 substituted 10
10. Audit fees 10
14. New section 13 substituted 11
13. Auditing standards 11
15. Increased penalty for failing to attend Auditor-General etc. 12
16. New sections 15 and 16 substituted 12
15. Performance audits 12
16. Audit reports to Parliament 13
17. New section 16A substituted 15
16A. Reports to Parliament on annual financial report of
the State 15
18. New section 16AB inserted 16
16AB. Transmission of reports to Parliament 16
19. Consequential amendment of section 16B 18
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Clause Page
20. New Part 3B inserted 18
PART 3B--FURTHER FUNCTIONS AND POWERS OF
AUDITOR-GENERAL 18
16C. Audits in relation to financial benefits given by the
State or authorities 18
16D. Acting as auditor under the Corporations Act 19
16E. Other auditing services for authorities 20
16F. Information to public officials during course of audit 20
16G. Other financial audits 21
21. Audits of Auditor-General 22
22. Consequential repeal of section 20 24
23. Improper use of information 24
24. New section 28 inserted 25
28. Authorities 25
PART 3--FINANCIAL MANAGEMENT ACT 1994 26
25. Tabling requirements for financial reports and statements 26
ENDNOTES 27
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PARLIAMENT OF VICTORIA
Initiated in Assembly 29 April 2003
A BILL
to amend the Audit Act 1994 with respect to the powers of the
Auditor-General and indemnities for 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 (Amendment) Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Audit Act 1994 with respect to
5 the powers of the Auditor-General and
indemnities for the Auditor-General and
audit staff;
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Audit (Amendment) Act 2003
Act No.
Part 1--Preliminary
s. 2
(b) to amend the Financial Management Act
1994 with respect to the tabling of financial
reports.
2. Commencement
5 (1) This Part and sections 5, 9 and 11 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
operation on 1 July 2003.
_______________
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Audit (Amendment) Act 2003
Act No.
Part 2--Amendment of Audit Act 1994
s. 3
PART 2--AMENDMENT OF AUDIT ACT 1994
3. Definitions
See:
(1) In section 3 of the Audit Act 1994, insert the Act No.
following definitions-- 2/1994.
Reprint No. 3
5 ' "annual financial report" means the report as at
1 January
prepared under section 24 of the Financial 2000
Management Act 1994 for a financial year; and
amending
"business day" means a day other than a Act No.
9/2000.
Saturday, a Sunday or a public holiday LawToday:
10 appointed under the Public Holidays Act www.dms.
dpc.vic.
1993; gov.au
"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;'.
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Audit (Amendment) Act 2003
Act No.
Part 2--Amendment of Audit Act 1994
s. 4
(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;".
(3) In section 3 of the Audit Act 1994, in the
definition of "independent auditor", for "Part 4"
substitute "section 17".
10 4. New section 3A substituted
For section 3A of the Audit Act 1994
substitute--
"3A. Objectives
(1) The objectives of this Act are--
15 (a) to determine whether financial
statements prepared in the Victorian
public sector present fairly the financial
position and financial results of
operations of authorities and the State;
20 (b) to determine whether--
(i) authorities are achieving their
objectives effectively and doing
so economically and efficiently
and in compliance with all
25 relevant Acts;
(ii) Victorian public sector operations
and activities are being performed
effectively, economically and
efficiently and in compliance with
30 all relevant Acts;
(c) to determine whether financial benefits
given by the State or an authority to
non-government bodies are being
applied economically, efficiently and
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Audit (Amendment) Act 2003
Act No.
Part 2--Amendment of Audit Act 1994
s. 5
effectively for the purposes for which
they were given;
(d) to ensure that the Auditor-General is
held accountable for his or her
5 performance and the performance of
the Victorian Auditor-General's Office.
(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
10 resources or any lack of probity or financial
prudence in the management or application
of public resources.".
5. Annual plan
For section 7A(4) and (5) of the Audit Act 1994
15 substitute--
"(4) As soon as practicable after the passage of
the annual appropriation Acts for a financial
year, the Auditor-General must complete the
annual plan for that year, after considering
20 any comments received from the
Parliamentary Committee.
(5) The Auditor-General must indicate in the
annual plan the nature of any changes
suggested by the Parliamentary Committee
25 that the Auditor-General has not adopted.
(6) Before the beginning of the financial year to
which an annual plan relates, the Auditor-
General must--
(a) present the annual plan to the
30 Parliamentary Committee; and
(b) give the annual plan to the clerk of each
House of the Parliament.
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Audit (Amendment) Act 2003
Act No.
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s. 6
(7) The clerk of each House of the Parliament
must cause the annual plan to be laid before
the House on the day on which it is received
or on the next sitting day of the House.
5 (8) An annual plan that is given to the clerks
under sub-section (6)(b) is taken to have
been published by order, or under the
authority, of the Houses of the Parliament.".
6. Annual report
10 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
15 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
20 applied under section 13(3) to the
conduct of audits during the financial
year.".
7. Concurrent consideration of Auditor-General's
annual plan and budget
25 In section 7D(2) of the Audit Act 1994, after
"Parliamentary Committee" insert "concurrently
with the annual plan under section 7A".
8. Assistance for Auditor-General
In section 7F of the Audit Act 1994, after "firm"
30 insert "(other than a person who holds an
appointment under section 19)".
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Audit (Amendment) Act 2003
Act No.
Part 2--Amendment of Audit Act 1994
s. 9
9. Delegation
(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
5 employed in the Victorian Auditor-General's
Office or to a registered company auditor".
(2) For section 7G(2) of the Audit Act 1994
substitute--
"(2) The Auditor-General may delegate to a
10 registered company auditor who is not
employed in the Victorian Auditor-General's
Office the power to make a report under
section 9 on an audit of the financial
statements of an authority only if the total
15 expenditure disclosed in those financial
statements does not exceed the threshold
amount.".
(3) In section 7G(3) of the Audit Act 1994--
(a) for paragraph (a) substitute--
20 "(a) for financial statements in respect of the
financial years, or any part of the
financial years, commencing on 1 July
2002 and 1 July 2003--$5 000 000;";
(b) in paragraph (b)--
25 (i) for "$1 000 000" substitute
"$5 000 000";
(ii) for "31 March 1999" substitute
"31 March 2003".
(4) After section 7G(3) of the Audit Act 1994
30 insert--
'(4) In this section--
"registered company auditor" has the
same meaning as in the Corporations
Act.'.
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Audit (Amendment) Act 2003
Act No.
Part 2--Amendment of Audit Act 1994
s. 10
10. Further amendment of delegation provisions
(1) In section 7G of the Audit Act 1994--
(a) for sub-section (1)(a) and (b) substitute--
"(a) the power to express an audit opinion
5 under section 9A; or
(b) the power to make a report under
section 16, 16A or 16B; or
(c) this power of delegation.";
(b) in sub-section (2), for "make a report under
10 section 9 on an audit of" substitute "express
an audit opinion under section 9 on".
(2) After section 7G(2) of the Audit Act 1994
insert--
"(2A) The Auditor-General cannot delegate any
15 function or power to a person who holds an
appointment under section 19.".
11. New section 7H inserted
After section 7G of the Audit Act 1994 insert--
"7H. State indemnity
20 (1) This section applies to--
(a) the Auditor-General;
(b) the Deputy Auditor-General;
(c) a person acting in the office of Auditor-
General or Deputy Auditor-General;
25 (d) an employee referred to in section 7E.
(2) The State must indemnify a person to whom
this section applies against any liability that
he or she incurs for anything done or omitted
to be done in good faith--
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Audit (Amendment) Act 2003
Act No.
Part 2--Amendment of Audit Act 1994
s. 12
(a) in the exercise of a power or the
performance of a function or duty under
this or any other Act; or
(b) in the reasonable belief that the act or
5 omission was in the exercise of a power
or the performance of a function or
duty under this or any other Act.
(3) The indemnity does not cover a liability of a
person to the extent to which he or she is
10 entitled to be indemnified against the
liability by a person other than the State,
whether under a contract of insurance or
otherwise.".
12. New section 9 substituted and 9A inserted
15 For section 9 of the Audit Act 1994 substitute--
"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
20 on the financial statements to the authority.
(2) The audit opinion must be expressed within
4 weeks after the day on which the financial
statements were received by the Auditor-
General for auditing.
25 (3) The Auditor-General must give a copy of
each audit opinion on the financial
statements of an authority to--
(a) the Minister responsible for the
authority; and
30 (b) the Minister administering this section.
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Act No.
Part 2--Amendment of Audit Act 1994
s. 13
9A. Audit opinion on annual financial report of
the State
(1) The Auditor-General must express a written
audit opinion on each annual financial report
5 to the Minister who prepared the annual
financial report.
(2) The audit opinion must be expressed a
reasonable time before the annual financial
report to which it relates is required to be
10 laid before, or given to the clerk of, each
House of the Parliament under section 27D
of the Financial Management Act 1994.".
13. New section 10 substituted
For section 10 of the Audit Act 1994
15 substitute--
"10. Audit fees
(1) An authority must pay to the Consolidated
Fund an amount determined by the Auditor-
General to defray the reasonable costs and
20 expenses incurred by or on behalf of the
Auditor-General in conducting an audit of
the financial statements of the authority and
expressing an audit opinion on them under
section 9.
25 (2) The Minister who prepared the annual
financial report must pay to the Consolidated
Fund an amount determined by the Auditor-
General to defray the reasonable costs and
expenses incurred by the Auditor-General in
30 conducting an audit of the annual financial
report and expressing an audit opinion on it
under section 9A.
(3) The Minister who prepared the estimated
financial statements must pay to the
35 Consolidated Fund an amount determined by
the Auditor-General to defray the reasonable
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Act No.
Part 2--Amendment of Audit Act 1994
s. 14
costs and expenses incurred by the Auditor-
General in reviewing the estimated financial
statements and making a report on them
under section 16B.
5 (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
10 under the Commercial Arbitration Act
1984.".
14. New section 13 substituted
For section 13 of the Audit Act 1994
substitute--
15 "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
20 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
25 CPA Australia and the Institute of Chartered
Accountants in Australia.
(3) The Auditor-General may apply additional
auditing standards, not inconsistent with the
standards referred to in sub-section (1) or
30 (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).".
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Audit (Amendment) Act 2003
Act No.
Part 2--Amendment of Audit Act 1994
s. 15
15. 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--
5 "Penalty: 50 penalty units, in the case of a natural
person;
250 penalty units, in the case of a body
corporate.".
16. New sections 15 and 16 substituted
10 For sections 15 and 16 of the Audit Act 1994
substitute--
'15. Performance audits
(1) The Auditor-General may conduct any audit
he or she considers necessary to determine--
15 (a) whether an authority is achieving its
objectives effectively and doing so
economically and efficiently and in
compliance with all relevant Acts; or
(b) whether the operations or activities of
20 the whole or any part of the Victorian
public sector (whether or not those
operations or activities are being
performed by an authority or
authorities) are being performed
25 effectively, economically and
efficiently and in compliance with all
relevant Acts.
(2) Before conducting a performance audit, the
Auditor-General, in consultation with the
30 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.
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Act No.
Part 2--Amendment of Audit Act 1994
s. 16
(3) The Auditor-General, in consultation with
the Parliamentary Committee, is to
determine--
(a) the intervals at which performance
5 audits of a particular authority are to be
conducted; and
(b) the number of performance audits to be
conducted in each financial year.
16. Audit reports to Parliament
10 (1) The Auditor-General may make a report to
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-
15 General--
(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
20 (b) must set out the reasons for opinions
expressed in the report; and
(c) may include any recommendations
arising out of the audit that he or she
thinks fit to make.
25 (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
proposed report or part relates or
30 that, in the Auditor-General's
opinion, has a special interest in
the proposed report or part; and
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Act No.
Part 2--Amendment of Audit Act 1994
s. 16
(ii) in the case of a proposed report or
part of a proposed report on a
performance audit referred to in
section 15(1)(b)--the department
5 head of the department for which
the Minister administering that
section is responsible; and
(b) ask the authority or department head (as
the case requires), in writing, for
10 submissions or comments before a
specified date, being--
(i) in the case of a proposed report on
a performance audit--at least
10 business days after the
15 proposed report or part is given to
the authority or department head;
or
(ii) in the case of a proposed report on
any other audit--at least
20 5 business days after the proposed
report or part is given to the
authority.
(4) The Auditor-General must include in the
report to the Parliament any submissions or
25 comments made before the specified date, or
a summary of them in a form agreed between
the Auditor-General and the authority or
department head.
(5) Nothing in this section entitles the Auditor-
30 General to question the merits of policy
objectives of the Government.
(6) In sub-section (5)--
"policy objectives" includes--
(a) a Government policy direction of
35 a Minister;
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Act No.
Part 2--Amendment of Audit Act 1994
s. 17
(b) a policy statement in a Budget
Paper;
(c) a statement of objectives in a
corporate plan of an authority
5 approved by a Minister;
(d) any other document evidencing a
policy decision of the Government
or a Minister.'.
17. New section 16A substituted
10 For section 16A of the Audit Act 1994
substitute--
'16A. Reports to Parliament on annual financial
report of the State
(1) The Auditor-General must make a report to
15 the Parliament on each annual financial
report.
(2) A report under this section may include any
information and recommendations that the
Auditor-General thinks fit--
20 (a) for the more effective and efficient
management of public resources; and
(b) for the keeping of proper accounts and
records of the transactions relating to
public resources.
25 (3) After preparing a proposed report, the
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
30 specified date, being at least
10 business days after the proposed
report is given to him or her.
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Act No.
Part 2--Amendment of Audit Act 1994
s. 18
(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
5 the Auditor-General and the Minister.
(5) In this section, "Minister" means the
Minister who prepared the annual financial
report.'.
18. New section 16AB inserted
10 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.
(2) The Auditor-General must cause the report
15 to be transmitted to each House of the
Parliament--
(a) in the case of a report under
section 16--as soon as practicable after
it has been completed;
20 (b) in the case of a report under
section 16A--on or before
24 November next following the
financial year to which it relates.
(3) The clerk of each House of the Parliament
25 must cause the report to be laid before the
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
30 is in recess, the Auditor-General must--
(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
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s. 18
(b) give the report to the clerk of each
House on the day indicated in the
notice; and
(c) publish the report on the Auditor-
5 General's Internet website as soon as
practicable after giving it to the clerks.
(5) The clerk of each House must--
(a) notify each member of the House of the
receipt of a notice under sub-section
10 (4)(a) on the same day that the clerk
receives that notice; and
(b) give a copy of a report to each member
of the House as soon as practicable
after the report is received under sub-
15 section (4)(b); and
(c) cause the report to be laid before the
House on the next sitting day of the
House.
(6) A report that is given to the clerks under sub-
20 section (4)(b) is taken to have been published
by order, or under the authority, of the
Houses of the Parliament.
(7) The publication of a report by the Auditor-
General under sub-section (4)(c) is
25 absolutely privileged and the provisions of
sections 73 and 74 of the Constitution Act
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
30 the publication of the report as if it were a
report to which those sections applied and
had been published by the Government
Printer under the authority of the Parliament.
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s. 19
(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
presiding officer of that House.".
5 19. 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
Act 1994";
10 (b) in sub-section (6), in the definition of "policy
objectives", for "16(9)" substitute "16(6)".
20. New Part 3B inserted
After Part 3A of the Audit Act 1994 insert--
'PART 3B--FURTHER FUNCTIONS AND
15 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
he or she considers necessary to determine
20 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,
efficiently and effectively for the purposes
for which it was given.
25 (2) The following sections of this Act apply to
an audit under this section as if references in
those sections to an authority were
references to the person or body that
received the financial benefit--
30 (a) section 11 (power to call for persons
and documents);
(b) section 12 (access to information);
(c) section 13 (auditing standards);
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Act No.
Part 2--Amendment of Audit Act 1994
s. 20
(d) section 14 (offences);
(e) section 16 (audit reports to Parliament);
(f) section 16F (giving information during
the course of an audit);
5 (g) section 20A (improper use of
information).
(3) In this section--
"financial benefit" means any form of
financial benefit, other than a financial
10 benefit received by a person or body as
consideration for goods or services
provided by them under an agreement
entered into on commercial terms.
Example
15 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
department in return.
20 16D. Acting as auditor under the Corporations
Act
(1) The Auditor-General may accept
appointment under the Corporations Act as
the auditor of a State company.
25 (2) The Auditor-General may charge fair and
reasonable fees in respect of the
appointment.
(3) This section does not limit the Auditor-
General's functions under section 16E.
30 (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
relevant accounting standard.
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s. 20
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
5 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.
10 (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
15 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
20 the Auditor-General considers warrants
urgent investigation or attention.
(2) The persons or bodies to whom information
may be given under this section are--
(a) a Minister;
25 (b) the Chief Commissioner of Police;
(c) an authority;
(d) a member, officer or employee of an
authority;
(e) the holder of an office established by or
30 under an Act to which the right to
appoint is vested in the Governor in
Council or a Minister.
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Part 2--Amendment of Audit Act 1994
s. 20
(3) If the Auditor-General gives information
under this section, he or she must--
(a) notify the Premier; and
(b) include a statement in the audit report
5 that he has given information to a
person or body under this section
during the conduct of the audit.
16G. Other financial audits
(1) At the request of a person or body that is not
10 an authority, the Auditor-General may enter
into an arrangement with that person or body
to audit its financial statements.
(2) Before entering into an arrangement, the
Auditor-General must be satisfied that--
15 (a) the person or body exists for a public
purpose; and
(b) it is practicable and in the public
interest for the Auditor-General to audit
the financial statements of the person or
20 body.
(3) An arrangement may provide for the
payment of fair and reasonable fees to the
Auditor-General in respect of the audit.
(4) The following sections of this Act apply to
25 an audit by the Auditor-General pursuant to
an arrangement made under this section as if
references in those sections to an authority
were references to the person or body with
which the arrangement is made--
30 (a) section 8 (audit of financial
statements);
(b) section 9 (audit opinions on financial
statements);
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Act No.
Part 2--Amendment of Audit Act 1994
s. 21
(c) section 11 (power to call for persons
and documents);
(d) section 12 (access to information);
(e) section 13 (auditing standards);
5 (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
10 information).'.
21. 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".
15 (2) Insert the following heading to section 19 of the
Audit Act 1994--
"Performance audit of Auditor-General
and Victorian Auditor-General's Office".
(3) In section 19 of the Audit Act 1994--
20 (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
objectives";
25 (b) in sub-section (2), for "an auditor" substitute
"a suitably qualified person".
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Audit (Amendment) Act 2003
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Part 2--Amendment of Audit Act 1994
s. 21
(4) After section 19(2) of the Audit Act 1994
insert--
"(2A) None of the following can be appointed to
conduct an audit under this section--
5 (a) a person engaged by the Auditor-
General under section 7F;
(b) a person who holds a delegation from
the Auditor-General under section 7G;
(c) the independent auditor.".
10 (5) In section 19 of the Audit Act 1994--
(a) in sub-section (3), for "An auditor"
substitute "A person";
(b) in sub-section (4), for "an auditor" substitute
"a person";
15 (c) in sub-section (5)--
(i) for "an auditor" substitute "a person";
(ii) for "the auditor" substitute "the
person";
(d) in sub-section (6)--
20 (i) for "An auditor" substitute "A person";
(ii) in paragraph (a), for "28 days before
making the report, the auditor"
substitute "20 business days before
making the report, the person";
25 (iii) in paragraph (b), for "14 days"
substitute "10 business days";
(e) in sub-sections (7), (8) and (9), for "The
auditor" substitute "The person".
23
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s. 22
22. Consequential repeal of section 20
Section 20 of the Audit Act 1994 is repealed.
23. Improper use of information
(1) For the penalty at the foot of section 20A of the
5 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.".
10 (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
15 information contained in it except--
(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-
20 General.
Penalty: 50 penalty units, in the case of a
natural person;
250 penalty units, in the case of a
body corporate.
25 (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
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s. 24
(b) after the information has been made
public in a report by the Auditor-
General.
Penalty: 50 penalty units, in the case of a
5 natural person;
250 penalty units, in the case of a
body corporate.".
24. New section 28 inserted
After section 27 of the Audit Act 1994 insert--
10 '28. Authorities
(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
15 2003; and
(b) a person or body other than the
Auditor-General had been appointed,
before 1 July 2003, as the auditor of the
entity; and
20 (c) that appointment was in force on 1 July
2003.
(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
25 purposes of this Act until the current term of
the appointment referred to in sub-
section (1)(b) expires.'.
_______________
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Audit (Amendment) Act 2003
Act No.
Part 3--Financial Management Act 1994
s. 25
PART 3--FINANCIAL MANAGEMENT ACT 1994
25. Tabling requirements for financial reports and
statements
See: (1) For section 27D(2) and (3) of the Financial
Act No.
5 Management Act 1994 substitute--
18/1994.
Reprint No. 4
"(2) Subject to this section, the Minister must
as at
19 April 2000
cause a document to which this section
and
applies to be laid before--
amending
Act Nos
(a) a House of the Parliament on or before
11/2001,
44/2001 and
10 the release day for that document; and
50/2001.
LawToday:
(b) the other House on the same day or, if
www.dms.
dpc.vic. that House is not then sitting, on the
gov.au
next sitting day of that House.".
(2) In section 27D(4)(a) of the Financial
15 Management Act 1994, for "the Legislative
Assembly" substitute "either House of the
Parliament".
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Audit (Amendment) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
27
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