Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to this
Act, the Council shall be responsible for managing its own resources.
(2) The funds and
property available to the Council for the purposes of this Act
are —
(a) such
moneys as are appropriated by Parliament;
(b)
moneys derived, whether from the National Estate Grants programme or
otherwise, from Commonwealth sources and to be —
(i)
administered by the Council in accordance with the terms
upon which the moneys are provided; or
(ii)
utilised by the Council for its own purposes;
(c)
moneys borrowed by the Council or advanced by the Treasurer under
section 15;
(d)
moneys paid, contributed or repaid to the Council, including moneys received
by way of charges or fees, or the sale, rental or management of property owned
or administered by the Council;
(e) the
proceeds of investment of moneys referred to in subsection (6);
(f)
moneys or property accepted by the Council for application towards any purpose
that is included in the functions of the Council; and
(g)
other moneys or property that may lawfully be received by the Council.
(3) Subject to the
maintenance of adequate records showing the sources from and purposes for
which moneys are received and the manner in which moneys are used, the funds
of the Council may, in so far as not derived for or attributed to a specific
purpose, be utilised for the general purposes of the Council.
(4) An agency special
purpose account called the Heritage Account is established under
section 16 of the Financial Management Act 2006 to which, subject to
this Division, all moneys received by the Council are to be credited.
(4a) Subject to any
direction given by the Minister, the Account is to be controlled by the
Council and may be operated in such manner as the Treasurer approves.
(5) There shall be
established under section 16 of the Financial Management Act 2006 an
agency special purpose account to be called the “Heritage Conservation
Incentive Account” and such other agency special purpose accounts for
such purposes, in such terms, and comprising such moneys as the Treasurer may
approve, and in relation to any such account —
(a)
there shall be credited the moneys derived for or attributed to the purpose
for which the account is established, and the proceeds of the investment under
subsection (6) of moneys so credited;
(b)
where any money represents funds held upon trust and made payable to the
Council upon lawful conditions, the Council shall utilise it in accordance
with those conditions and not otherwise;
(c) the
balance of the account shall not be overdrawn except with the prior approval
of, and subject to any condition imposed by, the Treasurer; and
(d) in
so far as the money represents an appropriation made by Parliament for the
service of a financial year, it may, unless the Treasurer otherwise directs,
be accrued for the service of an ensuing financial year for a like purpose to
that for which it was appropriated (and shall not be required to be
transferred to a suspense account in connection with a specified commitment)
sections 26 and 30 of the Financial Management Act 2006
notwithstanding.
(6) The Council may
invest any moneys standing to the credit of the Account which are not
immediately required for the purpose of this Act in any manner in which moneys
standing to the credit of the Public Bank Account may be invested under the
Financial Management Act 2006 and, subject to the approval of the
Treasurer, in other forms of investment.
(7) Subject to this
Division, all expenditure incurred by the Council in carrying this Act into
effect, including the repayment of advances borrowed from the Treasurer under
section 15 and discharge of any liability to which section 16
applies and the payment of interest and charges on such moneys, shall be
charged to the Account.
(8) The Council shall
in each year pay to the Treasurer such amounts as may be fixed by the
Treasurer —
(a) as
the interest and sinking fund contributions for the year in respect of any
proportion of the Consolidated Account applied for purposes to which the
functions of the Council relate, regard having been had to any repayment or
payment of interest to which section 15 applies; and
(b) for
the use by or on behalf of the Council of Government buildings or other
Government property, and for services rendered by any officers of the Public
Service or any public authority.
(9) The Council shall
make provision, by way of a sinking fund or in such other manner as the
Treasurer may require, in respect of any moneys advanced or guaranteed by the
Treasurer and for the payment of interest and charges on such moneys.
(10) The Council shall
ensure that the moneys standing to the credit of the Account are applied in
accordance with this Act, and not otherwise.
[Section 14 amended by No. 6 of 1993
s. 15; No. 49 of 1996 s. 64; No. 28 of 2006 s. 308;
No. 77 of 2006 s. 4 and 17.]