South Australian Current Acts

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PUBLIC FINANCE AND AUDIT ACT 1987 - SECT 18

18—Financial arrangements

        (1)         Despite the provisions of any other Act, a semi-government authority may, with the consent of the Treasurer, enter into a financial arrangement.

        (2)         Despite the provisions of any other Act, a semi-government authority must not enter into a financial arrangement without the consent of the Treasurer.

        (3)         The consent of the Treasurer under this section—

            (a)         may be conditional; and

            (b)         may relate to a proposed financial arrangement or may relate to financial arrangements of a particular kind or financial arrangements generally, that the semi-government authority may wish to enter into in the future; and

            (c)         may be varied or revoked by the Treasurer at any time in respect of financial arrangements not yet entered into.

        (4)         The Treasurer's consent is not required under this section to financial arrangements entered into by SAFA.

        (5)         Subject to any express agreement to the contrary, a person who has entered into a financial arrangement with a semi-government authority is under no obligation—

            (a)         to enquire into—

                  (i)         the manner in which the semi-government authority applies the money or other property provided under the arrangement; or

                  (ii)         the actions of the semi-government authority in relation to any other benefit provided under the arrangement; or

            (b)         to take any action—

                  (i)         in relation to any misapplication of such money or property by the authority; or

                  (ii)         in relation to the actions of the authority in relation to any such benefit.

        (6)         If under another Act a semi-government authority is not permitted to enter into a financial arrangement without the consent or approval of the Treasurer, the consent of the Treasurer under this section will be taken to be consent or approval for the purposes of the other Act even though the other Act may require consent or approval to the specific financial arrangement.



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