FINANCIAL MANAGEMENT ACT 2006 (NO. 76 OF 2006) - SECT 85
FINANCIAL MANAGEMENT ACT 2006 (NO. 76 OF 2006) - SECT 85
85 . Review of Act
(1) The Minister is to
carry out a review of the operation and effectiveness of this Act as soon as
is practicable after —
(a) the
fifth anniversary of its commencement; and
(b) the
expiry of each 5 yearly interval after that anniversary.
(2) In the course of a
review under subsection (1) the Minister is to consider and have regard
to —
(a)
whether there is a need for this Act to continue; and
(b) any
other matters that appear to the Minister to be relevant to the operation and
effectiveness of this Act.
(3) The Minister is to
prepare a report based on a review under subsection (1) and, as soon as
is practicable after the report is prepared, is to cause a copy of
it —
(a) to
be laid before each House of Parliament; and
(b) to
be given to the Joint Standing Committee on Audit.
(4) The Joint Standing
Committee on Audit —
(a) is
to carry out a review of the report; and
(b) in
the course of that review, may consider and have regard to any matters that
appear to the Joint Standing Committee on Audit to be relevant to the report
or the operation and effectiveness of this Act.
(5) The Joint Standing
Committee on Audit is to prepare a report based on the review and, as soon as
is practicable after the report is prepared, is to cause it to be laid before
the Legislative Council and the Legislative Assembly.
Schedule 1 -- Statutory authorities
[s. 3 and 6]
Agricultural Practices Board of Western Australia
Agricultural Produce
Commission
Animal Resources Authority
Armadale Redevelopment Authority
Botanic Gardens and Parks Authority
Building and Construction Industry
Training Board
Bunbury Water Board
Busselton Water Board
Central TAFE
Central West TAFE
Challenger TAFE
Coal Industry Superannuation
Board
Commissioner of Main Roads
Construction Industry Long Service Leave
Payments Board
Corruption and Crime Commission
Country High School Hostels
Authority
Country Housing Authority
Curriculum Council
Curtin University of
Technology
CY O’Connor College of TAFE
Disability Services Commission
East Perth Redevelopment Authority
Economic Regulation Authority
Edith Cowan
University
Fire and Emergency Services Authority of Western Australia
Fire and Emergency
Services Superannuation Board
Forest Products Commission
Gaming and Wagering Commission of Western Australia
Gascoyne Development
Commission
Gold Corporation
Goldfields-Esperance Development Commission
Government Employees’ Housing Authority
Government Employees
Superannuation Board
Great Southern Development Commission
Great Southern TAFE
Heritage Council of Western Australia
Agencies established under the Hospitals
and Health Services Act 1927 section 7B
Hospital boards constituted
under the Hospitals and Health Services Act 1927 section 15 and the
Minister in relation to any public hospital controlled by the Minister under
section 7 of that Act
Insurance Commission of Western Australia
Keep Australia Beautiful Council (W.A.)
Kimberley TAFE
Kimberley Development
Commission
Landcare Trust
Law Reform Commission of Western Australia
Legal Aid Commission
of Western Australia
Legal Contribution Trust
Legal Costs Committee
Local
Health Authorities Analytical Committee
Lotteries Commission
Metropolitan Cemeteries Board
Midland Redevelopment Authority
Mid West
Development Commission
Minerals and Energy Research Institute of Western
Australia
Murdoch University
Office of Health Review
Parliamentary Inspector of the Corruption and Crime Commission
Peel
Development Commission
Perth International Centre for Application of Solar
Energy
Perth Market Authority
Perth Theatre Trust
Pilbara Development
Commission
Pilbara TAFE
Potato Marketing Corporation of Western Australia
Professional Combat Sports Commission
Professional Standards Council
Public
Transport Authority of Western Australia
Public Trustee
Racing and Wagering Western Australia
Racing Penalties Appeal Tribunal of
Western Australia
Real Estate and Business Agents Supervisory Board
Recreation
Camps and Reserve Board
Rottnest Island Authority
Rural Business Development
Corporation
Screen West (Inc.)
Settlement Agents Supervisory Board
Small Business
Development Corporation
South West Development Commission
South West Regional
College of TAFE
State Government Insurance Corporation
State Supply Commission
Subiaco Redevelopment Authority
Swan Bells Foundation Incorporated
Swan River
Trust
Swan TAFE
The Aboriginal Affairs Planning Authority
The Agriculture Protection Board of
Western Australia
The Anzac Day Trust
The Board of the Art Gallery of Western
Australia
The Burswood Park Board
The Coal Miners’ Welfare Board of
Western Australia
The Eastern Goldfields Transport Board
The Library Board of
Western Australia
The National Trust of Australia (W.A.)
The Queen Elizabeth
II Medical Centre Trust
The State Housing Commission
The University of Western
Australia
The Western Australian Museum
Trustees of the Public Education
Endowment
Water and Rivers Commission
West Coast TAFE
Western Australian Alcohol and
Drug Authority
Western Australian Building Management Authority
Western
Australian Coastal Shipping Commission
Western Australian Gas Disputes
Arbitrator
Western Australian Greyhound Racing Association
Western Australian
Health Promotion Foundation
Western Australian Institute of Sport
Western
Australian Meat Industry Authority
Western Australian Planning Commission
Western Australian Sports Centre Trust
Western Australian Tourism Commission
Western Australian Treasury Corporation
Wheatbelt Development Commission
WorkCover Western Australia Authority
Zoological Parks Authority
Schedule 2 -- Modifications to the Act as to certain administrations
[s. 5(2)]
The provisions of the Act specified in column 1 are modified and have effect
for the purposes of section 5(2) as if they were in the form set out
opposite in column 2.
|
Column 1 |
Column 2 |
|---|---|
|
Section |
Modified form |
|
21 |
21. (1) The Treasurer
may direct that a special purpose account operated by an agency, other than a
special purpose account established by an Act, be closed. |
|
48 |
48. (4) The
accountable authority of an agency may, with the prior approval of the
Governor, write off relevant amounts that are greater than the monetary limit
prescribed for the purposes of subsection (2), subject to any conditions
prescribed by the regulations. |
|
52 |
52. The
accountable authority of an agency is responsible for the financial management
of the services under the control of the agency. |
|
54 |
54. (1) The
accountable authority of the agency taken to be constituted under
section 5(1) by the administration of — |
| |
(a) the
Legislative Council is the Clerk of the Legislative Council; or (b) the
Legislative Assembly is the Clerk of the Legislative Assembly; or |
| |
(c) the
Parliamentary Services Department is the Executive Manager (however
designated) of the Parliamentary Services Department; or |
| |
(d) the
Parliamentary Commissioner for Administrative Investigations is the chief
executive officer of the department of the Public Service principally
assisting in the administration of the Parliamentary Commissioner
Act 1971 ; or (e) the
Information Commissioner is the chief executive officer of the department of
the Public Service principally assisting in the administration of the
Freedom of Information Act 1992 , |
| |
and the
accountable authority of an agency taken to be constituted under
section 5(1) by the administration of a body or office that is the
subject of regulations referred to in that provision is the person appointed,
in writing, by the Treasurer to be the accountable authority of that agency. |
|
61 |
61. (1) After the end
of each financial year the accountable authority of an agency is to prepare an
annual report that contains — |
| |
(a)
financial statements for the financial year; and (b) key
performance indicators; and |
| |
(c) a
report on the operations of the agency during the financial year; and |
| |
(d) any
information prescribed by the Treasurer’s instructions; and (e) if
applicable, the reports referred to in subsections (2) and (3). |
|
62 |
62. (2) Without
limiting subsection (1), the financial statements referred to in
section 61(1)(a) — |
| |
(a) are
to include any financial statements and information prescribed by the
Treasurer’s instructions; and (b) are
to be certified in the manner prescribed by the Treasurer’s
instructions. |
|
63 |
63. (2) The
accountable authority of an agency is to submit to the Treasurer — |
|
(a) the
annual report prepared by the accountable authority under
section 61(1); and (b)
unless the audit of the agency’s accounts in respect of the relevant
financial year has been dispensed with under the Auditor General
Act 2006 section 14(2) — a copy of the opinion of the
Auditor General prepared and signed under section 15 of that Act. | |
|
64 |
64. (1) The
accountable authority of an agency is to transmit to both Houses of Parliament
within the prescribed period after the end of a financial year of the
agency — (a)
copies of the annual report for the financial year prepared by the
accountable authority under section 61(1); and (b)
unless the audit of the agency’s accounts in respect of the financial
year has been dispensed with under the Auditor General Act 2006
section 14(2) — a copy of the opinion of the Auditor General
prepared and signed under section 15 of that Act. |
|
65 |
65. (1) If the
accountable authority of an agency is not able to transmit copies of the
annual report and, if applicable, the opinion of the Auditor General referred
to in section 64(1) to both Houses of Parliament within the prescribed
period after the end of the financial year, the accountable authority is to
inform both Houses of Parliament, on or before the expiry of that period,
of — |
| |
(a) the
accountable authority’s inability to do so; and |
| |
(b) the
reasons for that inability; and (c) the
anticipated date on which those documents will be transmitted. |
| |
65. (2) If the
accountable authority of an agency is not able to comply with
subsection (1) in respect of a House of Parliament because that House is
not then sitting, the accountable authority is to inform that House as
required by that subsection as soon as is practicable after the expiry of the
prescribed period. |
For the purposes of section 5(2), Part 3 Division 5 does not
have effect.
Schedule 3 -- Modifications to the Act as to the Office of the Auditor General
[s. 5(3)]
The provisions of the Act specified in column 1 are modified and have effect
for the purposes of section 5(3) as if they were in the form set out
opposite in column 2.
|
Column 1 |
Column 2 |
|---|---|
|
Section |
Modified form |
|
21 |
21. (1) The Treasurer
may direct that a special purpose account operated by the Office of the
Auditor General, other than a special purpose account established by an Act,
be closed. |
|
48 |
48. (4) The
accountable authority of the Office of the Auditor General may, with the prior
approval of the Governor, write off relevant amounts that are greater than the
monetary limit prescribed for the purposes of subsection (2), subject to
any conditions prescribed by the regulations. |
|
52 |
52. The
accountable authority of the Office of the Auditor General is responsible for
the financial management of the services under the control of the Office of
the Auditor General. |
|
54 |
54. (1) The Auditor
General is the accountable authority of the Office of the Auditor General. |
|
61 |
61. (1) After the end
of each financial year the accountable authority of the Office of the Auditor
General is to prepare an annual report that contains — |
| |
(a)
financial statements for the financial year; and (b) key
performance indicators; and |
| |
(c) a
report on the operations of the Office of the Auditor General during the
financial year; and |
| |
(d) any
information prescribed by the Treasurer’s instructions unless, in the
opinion of the Auditor General, this information would compromise the Auditor
General’s independence; and (e) if
applicable, the reports referred to in subsections (2) and (3). |
|
62 |
62. (2) Without
limiting subsection (1), the financial statements referred to in
section 61(1)(a) — |
| |
(a) are
to include any financial statements and information prescribed by the
Treasurer’s instructions; and (b) are
to be certified in the manner prescribed by the Treasurer’s
instructions. |
|
63 |
63. (2) After
receiving the opinion of the independent auditor appointed in accordance with
the Auditor General Act 2006 section 38, the Auditor General is to
transmit copies of the annual report for a financial year prepared by the
accountable authority under section 61(1) together with a copy of the
opinion of the independent auditor to both Houses of Parliament within
90 days after the end of the financial year. |
|
65 |
65. (1) If the Auditor
General is not able to transmit copies of the annual report and the opinion of
the independent auditor referred to in section 63(2) to both Houses of
Parliament within 90 days after the end of the financial year, the
Auditor General is to inform both Houses of Parliament, on or before the
expiry of that period, of — |
| |
(a) the
Auditor General’s inability to do so; and (b) the
reasons for that inability; and (c) the
anticipated date on which those documents will be transmitted. |
| |
65. (2) If the Auditor
General is not able to comply with subsection (1) in respect of a House
of Parliament because that House is not then sitting, the Auditor General is
to inform that House as required by that subsection as soon as is practicable
after the expiry of the period referred to in that subsection. |
For the purposes of section 5(3), Part 3 Division 5 and
section 64 do not have effect.
Defined Terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined Term Provision(s)
abolition
66
accountable authority 3
affiliated body 60(1)
agency
3
agency special purpose account 3
annual
estimates 40(1)
Appropriation Act
3
Australian Accounting Standards Board
62(3)
authorised person 51(1)
bank
3
Consolidated Account 3
current year 24(1)
delegate
77(3)
department 3
determination
23(1)
final report 66
general
purpose 25(1)
investment
38(1)
Joint Standing Committee on Audit 3
loss 47
Minister 3
officer 3
official loss
51(1)
official money 47
official property
47
operating account
26(1)
operational control 60(1)
other money
3, 15(2)
other property 3
prescribed conditions 56(1)
prescribed period
64(2), 65(3)
prescribed receipts
23(1)
previous year 24(1)
public
authority 28(2)
Public Bank Account
3
Public Bank Account Interest Earned Account
3
Public Ledger 3
public money
3
public property 3
regulated payment 32(2)
regulated transfer
32(2)
related body 60(1)
relevant accountable authority 36(1)
relevant
amounts 48(1)
relevant authority
47
relevant commitment 26(1)
relevant person 36(1)
relevant service
21(3)
reporting officer 66
resource agreement 3
responsible person
51(1)
special purpose account
3
specified 60(3)
statutory authority
3
statutory authority money 3
sub-department 3
subsidiary body
60(1)
the estimates 3
Treasurer
3
Treasurer’s instructions
3
Treasury 3
Treasury Corporation official 73
Under Treasurer
3