AUDIT ACT 1994
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 3A Objectives
- 3B Extra-territorial operation of Parts 3, 4, 5, 6, 7 and 9
- 3C Act binds the Crown
PART 2--AUDITOR-GENERAL AND VICTORIAN AUDITOR-GENERAL'S OFFICE
Division 1--Acting Auditor-General and Deputy Auditor-General
- 4 Acting appointment
- 5 Deputy Auditor-General
Division 2--Administration
- 6 Staff of Victorian Auditor-General's Office
- 7 Assistance for Auditor-General
- 8 Delegation
- 9 State indemnity
PART 3--FINANCIAL AUDITS
- 10 Audit of public bodies
- 11 Audit opinions on financial statements
- 12 Audit opinion on annual financial report of the State
- 13 Audit fees
PART 4--PERFORMANCE AUDITS
- 14 Performance audits
- 15 Additional scope of performance audits in relation to the use of a financial benefit or property
- 16 Specifications for performance audits
- 17 Consultation on draft specifications for performance audits
- 18 Final specifications for performance audits and amending final specifications
PART 5--ASSURANCE REVIEWS
- 19 Assurance reviews of estimated financial statements
- 20 Auditor-General may conduct assurance review
- 21 Additional scope of assurance reviews in relation to the use of a financial benefit or property
PART 6--OTHER AUDITING FUNCTIONS
- 22 Acting as auditor under the Corporations Act
- 23 Other auditing services for public bodies
- 24 Auditor-General may enter into public purpose audit arrangement
- 25 Conduct of financial audits under a public purpose audit arrangement
- 26 Auditor-General may report to Parliament on financial audits under a public purpose audit arrangement
- 27 Content of reports of financial audits under a public purpose audit arrangement
- 28 Information gathering powers under a public purpose audit arrangement --Divisions 1 and 2 of Part 7 apply to a financial audit conducted under a public purpose audit arrangement as if references in those Divisions to a person or to a public body were references to the entity with whom the audit arrangement is made.
PART 7--INFORMATION GATHERING POWERS AND DUTIES
Division 1--Power to require information, documents and attendances
- 29 Power to authorise
- 30 Power to call for information, documents and attendances
- 31 Information gathering notices
- 32 How an information gathering notice is served
- 33 Power to examine on oath or affirmation
- 34 Legal representation and protection of legal practitioners and persons attending
- 35 Requirements for persons under the age of 16 years
- 36 Further provisions relating to attendances
- 37 Audio or video recording of attendances
- 38 No requirement to pay fees
- 39 Auditor-General to report to Victorian Inspectorate on the service of an information gathering notice
- 40 Secrecy and confidentiality
Division 2--Use and inspection of documents and other things
Division 3--Power to enter and inspect premises
- 43 Power to enter and inspect premises owned or occupied by a public body or an associated entity
- 44 Entry notice
- 45 Service of entry notice
- 46 Proof of identity
- 47 Reasonable assistance to be given
- 48 Use of documents or things
- 49 Protection of privacy and minimisation of disruption
- 50 Vulnerable persons
- 51 Auditor-General to report to Victorian Inspectorate on the service of an entry notice
Division 4--Offences
- 52 Offence to fail to comply with an information gathering notice
- 53 Offence to fail to comply with an entry notice
- 54 Offence to fail to take oath or make affirmation or answer question
- 55 Offence to make false or misleading statements or produce false or misleading documents or other things
PART 8--REPORTING
Division 1--Preparation of reports
- 56 Reports to Parliament on audits and assurance reviews
- 57 Reports to Parliament on annual financial report of the State
- 58 Consultation on reports
- 59 Transmission of reports to Parliament
- 60 Auditor-General to report to Parliamentary Committee on assurance reviews
Division 2--Content of reports
- 61 Reports relating to associated entities and other entities
- 62 Reports not to disclose certain commercial or protected information
- 63 Reports not to question policy objectives
- 64 Reports to disclose certain matters if in the public interest
- 65 Reports not to include certain findings
PART 9--NOTIFICATIONS AND INFORMATION SHARING
- 66 Mandatory notification of corrupt conduct to IBAC
- 67 Mandatory notification to Victorian Inspectorate
- 68 Auditor-General may provide or disclose information to specified entity
- 69 Collaboration and information sharing with other Auditors-General
- 70 Exemption from Freedom of Information Act 1982
- 71 Improper use or unauthorised disclosures or provision of information
- 72 Unauthorised disclosure or provision of confidential information
PART 10--ACCOUNTABILITY
Division 1--Reporting
- 73 Auditor-General's annual plan
- 74 Annual plan to be laid before Parliament
- 75 Annual report
Division 2--Other obligations
- 76 Parliamentary Committee may alter obligations of Auditor-General
- 77 Audit priorities, budgets and expenditure
- 78 Auditing and assurance standards
PART 11--AUDIT OF THE AUDITOR‑GENERAL ANDVICTORIAN AUDITOR‑GENERAL'S OFFICE
- 79 Independent financial auditor to audit Victorian Auditor-General's Office
- 80 Audit opinions on financial statements of the Victorian Auditor-General's Office
- 81 Report of independent financial auditor
- 82 Independent performance audit of Auditor-General and Victorian Auditor-General's Office
- 83 Report of independent performance auditor
PART 12--GENERAL
- 84 Regulations
PART 13--TRANSITIONAL PROVISIONS
- 85 Transfer of Audit Victoria staff not affected by repeal of section 25
- 86 Transitional provisions relating to the Integrity and Accountability Legislation Amendment Act 2012
- 87 Transitional provision—Deputy Auditor-General
- 88 Transitional provision—staff of Victorian Auditor-General's Office
- 89 Transitional provision—State indemnity
- 90 Transitional provision—information gathering powers and duties
- 91 Transitional provision—audit fees
- 92 Transitional provision—other auditing functions
- 93 Transitional provision—reports ENDNOTES