Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsbefore section 14, insert
Division 3.5 Audit of non-public sector entities
13A Meaning of public sector entity
(1) In this Act:
"public sector entity" means—
(a) a directorate; or
(b) a territory authority; or
(c) a territory-owned corporation; or
(d) a territory controlled company, joint venture or trust.
(2) In this section:
"territory controlled company, joint venture or trust" means a company, joint venture or trust in which the Territory or a territory entity has a controlling interest.
Note Controlling interest —see s 5.
13B Meaning of non-public sector entity
In this Act:
"non-public sector entity" means an entity that is not a public sector entity.
13C Minister or public accounts committee may request audit of non-public sector entity
(1) This section applies if a public sector entity provides property to a non-public sector entity for a purpose.
(2) The Minister or the public accounts committee may ask the auditor-general to conduct a performance audit of the non-public sector entity in relation to the property provided by the public sector entity.
(3) The auditor-general may conduct the requested audit if satisfied that—
(a) the usual acquittal procedures for the use of property provided by a public sector entity have been exhausted; and
(b) there are no other mechanisms reasonably available to the public sector entity to resolve the proposed subject of the audit; and
(c) failure to conduct the audit may result in significant risk to the Territory.
(4) If the auditor-general conducts the requested audit, the auditor-general must record the reasons for the decision in the audit report.
(5) In conducting the audit, the auditor-general may exercise a power under division 3.6 (Power to obtain information) only to the extent that it relates to the property provided by the public sector entity.
13D Non-public sector entity audits—initiated by auditor-general
(1) This section applies if a public sector entity provides property to a non-public sector entity for a purpose.
(2) The auditor-general may at any time, on the auditor-general's own initiative, conduct a performance audit of the non-public sector entity in relation to the property provided by the public sector entity if satisfied of the matters mentioned in section 13C (3) (a) to (c).
(3) If the auditor-general conducts an audit under subsection (2), the auditor-general must record the reasons for the decision in the audit report.
(4) In conducting the audit, the auditor-general may exercise a power under division 3.6 (Power to obtain information) only to the extent that it relates to the property provided by the public sector entity.
Division 3.6 Power to obtain information