Australian Capital Territory Current Acts

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FINANCIAL MANAGEMENT ACT 1996 - SECT 18

Treasurer's advance

    (1)     The Treasurer may, in writing, authorise an appropriation (a  Treasurer's advance ) for a payment if—

        (a)     the Treasurer is satisfied that—

              (i)     there is an immediate requirement for the payment; and

              (ii)     the payment is not provided for, or is insufficiently provided for, by an appropriation because—

    (A)     there was an erroneous omission or understatement in an appropriation; or

    (B)     the payment was unforeseen until after the last day when it was practicable to provide for it in the relevant Appropriation Bill before the bill was introduced into the Legislative Assembly; and

        (b)     for a payment by an officer of the Assembly—the Speaker, after consulting with the relevant Assembly committee, has advised the Treasurer that an additional appropriation is needed for the payment, stating the reasons for the additional appropriation; and

        (c)     the total Treasurer's advances authorised as Treasurer's advances in a financial year do not exceed the amount appropriated for that year for Treasurer's advances.

    (2)     The amount appropriated for Treasurer's advances must not exceed—

        (a)     for the 2021-22 financial year—5% of the total amount appropriated by all Appropriation Acts for the year; or

        (b)     for any other financial year—1% of the total amount appropriated by all Appropriation Acts for the year.

    (3)     If, by the end of the financial year in which a Treasurer's advance is authorised, the Treasurer's advance is not fully disbursed to the entity to which it is appropriated, the undisbursed amount of the Treasurer's advance lapses and is not available to be disbursed to the entity in the following financial year.

    (4)     In this section:

"relevant Appropriation Bill", for a payment, means—

        (a)     the bill for the first Appropriation Act for the financial year when the payment is to happen; or

        (b)     the bill for the first Appropriation Act for the appropriation for the Office of the Legislative Assembly or an officer of the Assembly for the financial year when the payment is to happen.

Note     An appropriation for an officer of the Assembly must be contained in an Appropriation Act for an appropriation for the Office of the Legislative Assembly (see s 8 (4)).



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