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FINANCIAL MANAGEMENT ACT 2006 - SECT 3

FINANCIAL MANAGEMENT ACT 2006 - SECT 3

3 .         Terms used

                In this Act, unless the contrary intention appears —

        accountable authority , of an agency, means the person or body determined under section 54, 55 or 56, as the case requires;

        accounts , in paragraph (b)(i) of the definition of officer and in sections 56(1)(b), 63(2)(b), 64(1)(b) and 71, has the meaning given to that term in the Auditor General Act 2006 section 4(1);

        agency means a department, a sub-department or a statutory authority;

        agency special purpose account means an account referred to in section 16(1);

        annual estimates , of an agency for a financial year, means the annual estimates of the financial operations of the agency for the whole of the financial year under section 41(3);

        Appropriation Act means an Act appropriating the Consolidated Account for a financial year for the recurrent services and other purposes for the year, or for the capital purposes for the year, as expressed in the Act;

        bank means —

            (a)         an ADI (authorised deposit-taking institution) as defined in the Commonwealth Banking Act 1959 section 5; or

            (b)         a bank constituted by a law of a State or the Commonwealth; or

            (c)         in relation to a bank not in Australia — a bank approved by the Treasurer;

        Consolidated Account means the account of that name established by the Constitution Act 1889 section 64 and referred to in section 8;

        department means a department of the Public Service other than —

            (a)         a department that is a statutory authority; or

            (b)         a department that, under the Public Sector Management Act 1994 section 3(3), is taken to be a part of an organisation as defined in section 3(1) of that Act;

        draft annual estimates has the meaning given in section 40(1)(a);

        draft resource agreement has the meaning given in section 42(1)(a);

        estimates means the annual estimates of receipts and payments in respect of the Consolidated Account;

        expense limit has the meaning given in section 42(2)(b)(iii);

        Joint Standing Committee on Audit means the joint standing committee established by the Houses of Parliament under the Auditor General Act 2006 section 43;

        Minister means —

            (a)         in relation to an agency that is a department or a sub-department — the Minister to whom the administration of the department or sub-department is committed by the Governor; or

            (b)         in relation to an agency that is a statutory authority constituted by or under an Act — the Minister to whom the administration of the Act by or under which the statutory authority is constituted is committed by the Governor; or

            (c)         in relation to an agency that is a statutory authority not constituted by or under an Act — the Minister to whom the administration of the statutory authority is for the time being committed by the Governor;

        officer means a person —

            (a)         who is employed or engaged for the purposes of an agency, whether as a public service officer under the Public Sector Management Act 1994 , under a contract for services or otherwise; and

            (b)         who is charged with or performs any duty consisting of or relating to —

                  (i)         keeping the accounts of the agency; or

                  (ii)         collecting, receiving, keeping in custody, banking or accounting for public money or other money or statutory authority money; or

                  (iii)         disbursing public money or other money or statutory authority money; or

                  (iv)         purchasing, receiving, issuing, selling, keeping in custody, controlling, managing or disposing of, or accounting for, public property or other property;

        other money means money collected, received or held by the State or a statutory authority for or on behalf of a person other than the State or a statutory authority;

        other property means property that is held by the State or a statutory authority for or on behalf of a person other than the State or a statutory authority;

        Public Bank Account means the account of that name constituted under section 11 and includes any other account stated by this Act or another written law to form part of the Public Bank Account;

        Public Bank Account Interest Earned Account means the account of that name referred to in section 10(d);

        Public Ledger means the accounts referred to in section 7;

        public money means money collected, received or held by any person for or on behalf of the State;

        public property means all property, other than public money and statutory authority money, held for or on behalf of the State or a statutory authority;

        resource agreement means a resource agreement under Part 3 Division 5;

        special purpose account means an agency special purpose account or an account referred to in section 10;

        statutory authority means a person or body listed in Schedule 1;

        statutory authority money means money collected, received or held by any person for or on behalf of a statutory authority;

        sub-department means an entity in respect of which a declaration under section 56(2) has effect;

        submission date

            (a)         in relation to draft annual estimates — means the date designated under section 40(2)(a) by which the draft annual estimates must be submitted to the Minister; and

            (b)         in relation to a draft resource agreement — means the date designated under section 42(3)(a) by which the draft resource agreement must be submitted to the Treasurer;

        Treasurer means the Treasurer of the State;

        Treasurer’s instructions means instructions issued under section 78;

        Treasury means the department of the Public Service principally assisting in the administration of this Act;

        Under Treasurer means the chief executive officer of the Treasury.

        [Section 3 amended: No. 12 of 2021 s. 4.]