FINANCIAL MANAGEMENT ACT 2006 - SECT 23

FINANCIAL MANAGEMENT ACT 2006 - SECT 23

23 .         Money received by agency, agency may retain in certain cases

        (1)         In this section —

        determination means a determination under subsection (2);

        prescribed receipts , in relation to an agency, means any money lawfully received by the agency other than money received —

            (a)         by way of taxes or fines under a written law; or

            (b)         by way of royalty in respect of forest produce or in respect of minerals, petroleum, water or other natural resources of the State; or

            (c)         from the Commonwealth in the form of a general purpose grant; or

            (d)         from any other source prescribed by the regulations for the purposes of this definition.

        (2)         The Treasurer may make a determination providing for prescribed receipts that are not greater than the monetary limit specified in the determination to be retained by the agency that receives them.

        (3)         A determination —

            (a)         applies to the financial year or financial years referred to in the determination; and

            (b)         may be made before or after the start of a financial year to which the determination applies; and

            (c)         may be revoked by the Treasurer at any time.

        (4)         If a determination is made before the estimates for a financial year to which the determination applies have been tabled in the Legislative Assembly, the appropriation item that includes the service or function to which the determination relates is to be expressed in the estimates for the year to be subject to a deduction in respect of retained receipts.

        (5)         If a determination is made after the estimates for a financial year to which the determination applies have been tabled in the Legislative Assembly, the Treasurer is to cause a copy of the determination to be laid before each House of Parliament, or dealt with under section 83, within 60 days after making the determination.

        (6)         If, after a determination is made, the responsibility for the service or function to which the determination relates is transferred to another agency, the determination continues to have effect as if it had been made in relation to prescribed receipts received by that agency.

        (7)         An amount equal to the receipts retained for a financial year under a determination is taken to have been appropriated for the year for the service or function to which the determination relates, and may be applied accordingly.

        [Section 23 amended: No. 24 of 2016 s. 315.]