South Australian Current Acts South Australian Current Acts (1) The Treasurer may
issue instructions—
(a)
requiring accounts to be maintained and records to be made and kept by the
Treasurer and public authorities and setting out the form and content of those
accounts and records;
(b)
setting out the form and content of financial statements that must be prepared
by the Treasurer and public authorities pursuant to this Act;
(c)
requiring that procedures, set out in the instructions, be followed in the
course of financial administration by the Treasurer and public authorities;
(d)
requiring that procedures, set out in the instructions, be followed in the
operation of special deposit accounts;
(e)
setting out the procedures and processes for the rendering of invoices and
claims with respect to public authorities, to specify a public authority or
other entity to which specified classes of invoices or claims must be rendered
or sent, to make provision with respect to the form of any invoice or claim,
and to make any other provision with respect to the payment of debts by a
public authority (including in connection with a scheme to provide for the
payment of interest due to the late payment of specified classes of debts);
(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) A person who
contravenes or fails to comply with an instruction issued by the Treasurer
under this section is guilty of an offence.
Maximum penalty: $1 000.
(3) The Treasurer may
revoke or vary an instruction issued under this section.
(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.