Australian Capital Territory Current Acts

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FINANCIAL MANAGEMENT ACT 1996 - SECT 17

Variation of appropriations for Commonwealth grants

    (1)     This section applies to an appropriation that is declared by the Act by which it is made to be an appropriation to which this section applies.

    (2)     If—

        (a)     an     appropriation to which this section applies is to be funded in whole or in part by a payment made to the Territory by the Commonwealth for a nominated purpose; and

        (b)     an estimate of the level of the funding to be provided to the Territory by the Commonwealth for that purpose is contained in the budget papers presented to the Legislative Assembly in conjunction with the bill for the Act by which the appropriation was made; and

        (c)     the level of funding provided to the Territory by the Commonwealth for that purpose for the financial year for which the appropriation was made is greater than the level of funding specified in those budget papers;

the Treasurer may, in writing, direct that the appropriation be increased by an amount not exceeding the difference between the level of funding specified in the budget papers and the level of funding provided by the Commonwealth.

    (3)     The Treasurer may give the direction—

        (a)     in the financial year in which the Commonwealth provides the funding to the Territory; or

        (b)     in the following financial year.

    (4)     If the Treasurer gives the direction under subsection (3) (a), the direction may also state the financial year in which the appropriation may be disbursed to a territory entity.

    (5)     If the responsibility for a service or function for which the appropriation is made is transferred from the territory entity to which the appropriation is made to another territory entity, the Treasurer may also direct that the appropriation be disbursed to the other territory entity.

    (6)     If the Treasurer gives a direction under this section—

        (a)     the amount is taken to be an amount of appropriation for the financial year in which the amount is authorised to be disbursed; and

        (b)     the amount is in addition to the appropriation to the territory entity for that financial year.

    (7)     If the Treasurer gives a direction under this section, the Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly.

Note     For the presentation of financial statements, see s 26.



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