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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Public Finance and Audit (Treasurer's Instructions)
Amendment Bill 2014
A BILL FOR
An Act to amend the
Public
Finance and Audit Act 1987
.
Contents
Part 2—Amendment of Public Finance and
Audit Act 1987
3Amendment of section
4—Interpretation
4Amendment of section 5—Receipt of public
money
5Amendment of section 41—Treasurer's
instructions
Schedule 1—Statute law revision
amendment of Public Finance and Audit Act 1987
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Public Finance and Audit (Treasurer's
Instructions) Amendment Act 2014.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Public Finance and Audit
Act 1987
3—Amendment
of section 4—Interpretation
Section 4(1)—after the definition of local government indemnity
scheme insert:
property means real or personal property and
includes—
(a) a chose in action; and
(b) a present, future or contingent right, privilege, interest or
power;
4—Amendment
of section 5—Receipt of public money
Section 5(c)—delete "real or personal"
5—Amendment
of section 41—Treasurer's instructions
(1) Section 41(1)—after paragraph (e) insert:
(f) otherwise regulating matters related to the receipt, expenditure or
investment of money, the acquisition or disposal of property, or the incurring
of liabilities, by the Treasurer and public authorities.
(2) Section 41(4)—delete subsection (4) and
substitute:
(4) Treasurer's instructions may refer to or incorporate, wholly or
partially and with or without modification, a code, standard or other document
prepared or published by the Australian Accounting Standards Board (established
under the Australian Securities and Investments Commission Act 2001
of the Commonwealth), Standards Australia or a prescribed body, either as in
force at the time the instructions are issued or as in force from time to
time.
(5) If a code, standard or other document is referred to or incorporated
in Treasurer's instructions, evidence of the contents of the code, standard or
other document may be given in any legal proceedings by production of a document
apparently certified by the Treasurer to be a true copy of the code, standard or
other document.
(6) Treasurer's instructions are to be interpreted as being consistent
with an Act conferring functions or powers on a public authority if it is
possible for the public authority to comply with both the Act and the
Treasurer's instructions in the performance or exercise of the functions or
powers.
(7) In particular, if an Act confers on a public authority power to enter
a contract or manage or apply a fund or other powers relevant to the receipt,
management or expenditure of money, the acquisition or disposal of property or
the incurring of liabilities, the authority must, in exercising the power,
comply with Treasurer's instructions (including by obtaining any approval
required by the instructions) unless it is not possible for the authority to do
so and to also comply with any requirements relating to the exercise of the
power under the Act.
Schedule 1—Statute
law revision amendment of Public Finance and
Audit Act 1987
|
Provision amended |
How amended |
|---|---|
|
Section 4(1), definition of Chief Executive
Officer |
Delete "where" wherever occurring and substitute: if Delete "the Chief Executive Officer" wherever occurring and
substitute: the chief executive |
|
Section 4(1), definition of the general ledger |
Delete "the" from the defined term |
|
Section 4(1), definition of public authority |
Delete "where" and substitute: if |
|
Section 4(2) |
Delete "shall" and substitute: will |
|
Section 12(5) |
Delete "notwithstanding" and substitute: despite the fact |
|
Section 12(6), definition of the Governor's Appropriation
Fund |
Delete "the" from the defined term |
|
Section 12(6), definition of the public purposes of the
State |
Delete "the" from the defined term |
|
Section 13 |
Delete "Where" and substitute: If |
|
Section 15 |
Delete "Where" and substitute: If |
|
Section 17(1), definition of semi-government
authority |
Delete "as defined in the
Local
Government Act 1934 |
|
" and substitute: constituted under the
Local
Government Act 1999 |
|
|
Section 18
Delete "Notwithstanding" wherever occurring and substitute in each
case:
Despite
Section 18(6)
Delete "Where" and substitute:
If
Section 20(1)
Delete "where" and substitute:
if
Section 28(2)
Delete "appointed under, and will hold office subject to, the
Government
Management and Employment Act 1985
|
" and substitute: a Public Service employee |
|
|
Section 33 |
Delete "Where" wherever occurring and substitute in each case: If |
|
Section 34(3) |
Delete "notwithstanding" wherever occurring and substitute in each
case: despite the fact Delete "shall not be" and substitute: is not |
|
Section 34(5) |
Delete "Where" and substitute: If |
|
Section 37(1) |
Delete "Where" and substitute: If |
|
Section 39(1) |
Delete "Where" and substitute: If |
|
Section 42 |
Delete the section |