Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Public Finance and Accountability Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 Public bodies 9
5 Minister may direct certain bodies which are not public
bodies to comply with certain requirements 13
6 Act binds the Crown 14
PART 2--PRINCIPLES 15
7 Objectives 15
8 Public finance and accountability principles 15
9 The procurement principles 17
10 Administration and interpretation 17
11 Effect of this Part 17
PART 3--ADMINISTRATION 18
12 Responsibilities of Departments and public bodies 18
13 Responsibilities of Department Heads and Administrative
Office Heads 19
14 Responsibility of accountable officer and other officers 19
15 State Procurement Board 21
16 Functions and powers of the Board 22
17 Directions 23
18 Delegation 24
PART 4--THE PUBLIC ACCOUNT 25
19 The Public Account 25
20 Administration of the Public Account 25
21 The Consolidated Fund 25
22 Departmental working accounts 26
23 The Trust Fund 27
24 Operation of Trust Accounts 28
25 Commonwealth money 29
561248B.I-8/12/2009 i BILL LA INTRODUCTION 8/12/2009
Clause Page
PART 5--RESOURCE MANAGEMENT 30
Division 1--Planning 30
26 Statement of outcomes 30
27 Budget 30
28 Budget update 32
29 Pre-election budget update 33
Division 2--Budget management 34
30 Supplementation 34
31 Additional supplementation in respect of salaries and
related costs 36
32 Transfer between Departments 37
33 Transfer between departments of the Parliament 37
34 Appropriation in the case of a superseded Department 38
35 Temporary advances 38
36 Application of other money to meet appropriation 38
37 Unused appropriation in relation to specified outcome 39
38 Disclosure of transactions 39
Division 3--Reporting 40
39 Outcomes progress report 40
40 Annual financial report 40
41 Mid-year financial report 40
42 Annual report of Department or public body 41
43 Minister may vary reporting requirements 44
44 Composite reports 45
Division 4--General 46
45 Form and content of documents 46
46 Tabling and transmission requirements 46
PART 6--FINANCING AND RISK MANAGEMENT 49
47 Powers of public bodies to borrow and invest 49
48 Financial accommodation levy 50
49 Treasurer may give indemnity 50
50 Treasurer may give guarantee 52
51 Designated public body to pay dividend or capital repayment 52
PART 7--GENERAL 54
52 Fee units and penalty units 54
53 Regulations 56
561248B.I-8/12/2009 ii BILL LA INTRODUCTION 8/12/2009
Clause Page
PART 8--TRANSITIONAL AND CONSEQUENTIAL 60
Division 1--Repeals and consequential amendments 60
54 Repeal of Borrowing and Investment Powers Act 1987 60
55 Repeal of Parts of Financial Management Act 1994 61
56 Repeal of Financial Management Act 1994 62
57 Repeal of the Monetary Units Act 2004 64
58 Repeal of Public Authorities (Dividends) Act 1983 65
59 Repeal of section 4 of the Administrative Arrangements
Act 1983 66
60 Repeal of sections 93 and 94(2) of the Constitution
Act 1975 66
61 Transitional regulations 66
Division 2--Amendments to the Treasury Corporation of
Victoria Act 1992 67
62 Amendment of section 3--Definitions 67
63 Amendment of section 9--Powers 68
64 New section 9A inserted--Borrowing and investment powers 68
9A Borrowing and investment powers 68
65 New Part 3C inserted--Statutory Guarantees 70
PART 3C--STATUTORY GUARANTEES 70
36P Statutory guarantee 70
66 Amendment of section 44--Regulations 71
Division 3--Amendments to the Victorian Funds Management
Corporation Act 1994 72
67 Amendment of section 3--Definitions 72
68 Amendment of section 9--Powers 72
69 Section 35 substituted 73
35 Borrowing and investment powers 73
70 Section 38 repealed 74
71 Part 6 repealed 74
Division 4--Amendments to other Acts 74
72 Amendment of Electoral Act 2002 74
19A Annual report to Parliament 74
19B Transmission of annual report to Parliament 74
73 Transitional amendment to Financial Management Act 1994 76
74 Amendment of Interpretation of Legislation Act 1984 78
39C Meaning of fee unit 78
39D Calculation of a fee or penalty 78
39E Certain monetary amounts to be construed in fee
units or penalty units 79
561248B.I-8/12/2009 iii BILL LA INTRODUCTION 8/12/2009
Clause Page
75 Amendment of Land Act 1958 79
PART VIIIA--ACQUISITION, LEASING AND
LICENSING OF LAND AND PREMISES 79
338A Minister may acquire land 79
338B Minister may lease land or premises for other
Ministers 80
338C Licensing and leasing of surplus Crown land and
buildings 80
76 Amendment of Property Law Act 1958 81
PART IX--UNCLAIMED PROPERTY 81
303 Unclaimed property 81
77 Amendment of Subordinate Legislation Act 1994 82
27A Fixing of fee units and penalty units 82
78 Amendment of Unclaimed Money Act 2008 82
Division 5--Repeal of amending provisions 82
79 Repeal of amending provisions 82
__________________
SCHEDULES 83
SCHEDULE 1--Provisions Applying in Respect of the State
Procurement Board 83
1 Membership of Board and terms of office 83
2 Payment of members 83
3 Procedure of Board 84
4 Validity of Board decisions 84
5 Members' pecuniary interests 84
6 Improper use of information 85
7 Delegation 85
8 Minister's directions 85
9 Annual report 86
SCHEDULE 2--Consequential Amendments Relating to
Borrowing and Investment Powers 87
1 Aboriginal Lands Act 1970 87
2 Accident Compensation Act 1985 87
3 Agricultural Industry Development Act 1990 87
4 Ambulance Services Act 1986 87
5 Architects Act 1991 87
6 Assisted Reproductive Treatment Act 2008 87
7 Australian Grands Prix Act 1994 87
8 Building Act 1993 87
9 Cancer Act 1958 87
10 Cemeteries and Crematoria Act 2003 88
561248B.I-8/12/2009 iv BILL LA INTRODUCTION 8/12/2009
Clause Page
11 Commonwealth Games Arrangements Act 2001 88
12 Corrections Act 1986 88
13 Council of Law Reporting in Victoria Act 1967 88
14 Country Fire Authority Act 1958 89
15 Crown Land (Reserves) Act 1978 89
14E Power conferred by section 14D additional to other
powers 89
16 Dairy Act 2000 89
17 Deakin University Act 1974 89
18 Education and Training Reform Act 2006 89
19 Electricity Industry (Residual Provisions) Act 1993 89
20 Emerald Tourist Railway Act 1977 90
21 Emergency Services Superannuation Act 1986 90
22 Energy Safe Victoria Act 2005 90
23 Environment Protection Act 1970 90
24 Film Act 2001 90
25 Geelong Market Site Act 1983 90
26 Geelong Performing Arts Centre Trust Act 1980 90
27 Health Professions Registration Act 2005 90
28 Health Services Act 1988 91
29 Heritage Act 1995 91
30 House Contracts Guarantee Act 1987 91
31 Housing Act 1983 91
32 Infertility Treatment Act 1995 91
33 La Trobe University Act 1964 91
34 Legal Aid Act 1978 91
35 Legal Profession Act 2004 91
36 Libraries Act 1988 91
37 Meat Industry Act 1993 91
38 Melbourne and Olympic Parks Act 1985 92
39 Melbourne Convention and Exhibition Trust Act 1996 92
40 Melbourne Cricket Ground Act 2009 92
41 Melbourne Market Authority Act 1977 92
42 Melbourne University Act 1958 92
43 Metropolitan Fire Brigades Act 1958 92
44 Monash University Act 1958 92
45 Museums Act 1983 92
46 National Gallery of Victoria Act 1966 93
47 Parliamentary Salaries and Superannuation Act 1968 93
48 Port Bellarine Tourist Resort Act 1981 93
49 Port Services Act 1995 93
50 Project Development and Construction Management
Act 1994 93
51 Queen Victoria Women's Centre Act 1994 93
52 Racing Act 1958 93
53 Rail Corporations Act 1996 93
54 Residential Tenancies Act 1997 93
561248B.I-8/12/2009 v BILL LA INTRODUCTION 8/12/2009
Clause Page
55 Royal Botanic Gardens Act 1991 94
56 Royal Melbourne Institute of Technology Act 1992 94
57 Rural Finance Act 1988 94
58 State Electricity Commission Act 1958 94
59 State Owned Enterprises Act 1992 95
60 State Sport Centres Act 1994 95
61 Surveying Act 2004 95
62 Swinburne University of Technology Act 1992 95
63 Tourism Victoria Act 1992 95
64 Transport Act 1983 95
65 Transport Accident Act 1986 95
66 University of Ballarat Act 1993 96
67 Veterans Act 2005 96
68 Victoria University of Technology Act 1990 96
69 Veterinary Practice Act 1997 96
70 Victorian Arts Centre Act 1979 96
71 Victorian Conservation Trust Act 1972 96
72 Victorian Managed Insurance Authority Act 1996 96
73 Victorian Urban Development Authority Act 2003 96
74 Water Act 1989 96
75 Water Industry Act 1994 97
SCHEDULE 3--Amendments Relating to the Financial
Management Act 1994 98
1 Aboriginal Heritage Act 2006 98
2 Accident Compensation Act 1985 98
3 Audit Act 1994 98
4 Australian Grands Prix Act 1994 100
5 Births, Deaths and Marriages Registration Act 1996 100
6 Building Act 1993 100
7 Cancer Act 1958 100
8 Cemeteries and Crematoria Act 2003 100
9 Children, Youth and Families Act 2005 101
10 Commissioner for Environmental Sustainability Act 2003 101
11 Constitution Act 1975 101
12 Construction Industry Long Service Leave Act 1997 101
13 Control of Weapons Act 1990 101
14 Corrections Act 1986 102
15 Court Security Act 1980 102
16 Credit (Administration) Act 1984 102
17 Crimes Act 1958 102
18 Dangerous Goods Act 1985 102
19 Disability Act 2006 103
20 Drugs, Poisons and Controlled Substances Act 1981 103
21 Education and Training Reform Act 2006 103
22 Electricity Industry (Residual Provisions) Act 1993 104
23 Electricity Safety Act 1998 105
561248B.I-8/12/2009 vi BILL LA INTRODUCTION 8/12/2009
Clause Page
24 Emergency Management Act 1986 105
25 Emergency Services Telecommunications Authority
Act 2004 105
26 Environment Protection Act 1970 105
27 Equal Opportunity Act 1995 106
28 Essential Services Commission Act 2001 106
29 Estate Agents Act 1980 106
30 Financial Sector Reform (Victoria) Act 1999 107
31 Firearms Act 1996 107
32 Fisheries Act 1995 107
33 Gambling Regulation Act 2003 107
34 Gas Safety Act 1997 107
35 Graffiti Prevention Act 2007 108
36 Health Services Act 1988 108
37 House Contracts Guarantee Act 1987 108
38 Housing Act 1983 109
39 Information Privacy Act 2000 109
40 Interpretation of Legislation Act 1984 109
41 Land Acquisition and Compensation Act 1986 110
42 Land Act 1958 110
43 Land Tax Act 2005 110
44 Landlord and Tenant Act 1958 110
45 Legal Profession Act 2004 110
46 Libraries Act 1988 111
47 Livestock Disease Control Act 1994 111
48 Meat Industry Act 1993 111
49 Medical Research Institutes Repeal Act 2008 111
50 Melbourne and Olympic Parks Act 1985 111
51 Melbourne University Act 1958 112
52 Mental Health Act 1986 112
53 Motor Car Traders Act 1986 112
54 Museums Act 1983 112
55 National Environment Protection Council (Victoria)
Act 1995 112
56 Occupational Health and Safety Act 2004 113
57 Port Services Act 1995 113
58 Professional Standards Act 2003 113
59 Project Development and Construction Management
Act 1994 114
60 Property Law Act 1958 114
61 Prostitution Control Act 1994 114
62 Public Administration Act 2004 114
63 Public Health and Wellbeing Act 2008 114
64 Public Prosecutions Act 1994 115
65 Queen Victoria Women's Centre Act 1994 115
66 Racing Act 1958 115
67 Rail Corporations Act 1996 115
561248B.I-8/12/2009 vii BILL LA INTRODUCTION 8/12/2009
Clause Page
68 Regional Development Victoria Act 2002 115
69 Regional Infrastructure Development Fund Act 1999 116
70 Relationships Act 2008 116
71 Residential Tenancies Act 1997 116
72 Road Safety Act 1986 116
73 Sentencing Act 1991 116
74 Small Business Commissioner Act 2003 116
75 State Electricity Commission Act 1958 117
76 Surveying Act 2004 117
77 Sustainable Forests (Timber) Act 2004 117
78 Transfer of Land Act 1958 117
79 Transport Act 1983 117
80 Treasury Corporation of Victoria Act 1992 119
81 Veterans Act 2005 119
82 Veterinary Practice Act 1997 119
83 Victims' Charter Act 2006 119
84 Victorian Energy Efficiency Target Act 2007 119
85 Victorian Funds Management Corporation Act 1994 120
86 Victorian Industry Participation Policy Act 2003 120
87 Victorian Law Reform Commission Act 2000 121
88 Victorian Managed Insurance Authority Act 1996 121
89 Victorian Renewable Energy Act 2006 122
90 Victorian Urban Development Authority Act 2003 122
91 Water Act 1989 122
92 Water Industry Act 1994 123
93 Workplace Rights Advocate Act 2005 123
SCHEDULE 4--Further Amendments Relating to the Financial
Management Act 1994 124
1 Electricity Industry (Residual Provisions) Act 1993 124
2 Gene Technology Act 2001 124
3 Health Professions Registration Act 2005 124
4 Land Acquisition and Compensation Act 1986 124
5 Libraries Act 1988 125
6 Museums Act 1983 125
7 State Owned Enterprises Act 1992 125
8 Tobacco Act 1987 125
9 Transport Act 1983 125
10 Treasury Corporation of Victoria Act 1992 125
11 Warehousemen's Liens Act 1958 126
12 Water Act 1989 126
561248B.I-8/12/2009 viii BILL LA INTRODUCTION 8/12/2009
Clause Page
SCHEDULE 5--Amendments Consequential on the Repeal of
the Monetary Units Act 2004 127
1 Co-operatives Act 1996 127
2 Consumer Credit (Victoria) Act 1995 127
3 Environment Protection Act 1970 127
4 Gambling Regulation Act 2003 127
5 Interpretation of Legislation Act 1984 128
6 Prostitution Control Act 1994 128
7 Relationships Act 2008 128
8 Second-Hand Dealers and Pawnbrokers Act 1989 128
9 Sentencing Act 1991 128
10 Victorian Civil and Administrative Tribunal Act 1998 128
SCHEDULE 6--Consequential Amendments Relating to
Dividends and Capital Repayments 129
1 Electricity Industry (Residual Provisions) Act 1993 129
2 Port Services Act 1995 129
3 Rail Corporations Act 1996 129
4 Rural Finance Act 1988 129
5 Treasury Corporation of Victoria Act 1992 129
6 Victorian Funds Management Corporation Act 1994 129
7 Victorian Urban Development Authority Act 2003 129
8 Water Act 1989 129
ENDNOTES 130
561248B.I-8/12/2009 ix BILL LA INTRODUCTION 8/12/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Public Finance and Accountability Bill
2009
A Bill for an Act to create a framework for public finance and
financial management, to repeal the Public Authorities (Dividends)
Act 1983, the Borrowing and Investment Powers Act 1987, the
Financial Management Act 1994 and the Monetary Units Act 2004,
to amend the Constitution Act 1975 and the Administrative
Arrangements Act 1983 and certain other Acts and for other
purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to enact a framework in
Victoria for public finance, accountability and
5 resource management based on the principles
specified in this Act.
561248B.I-8/12/2009 1 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 2
2 Commencement
(1) Section 1, this section and section 73 come into
operation on the day after the day on which this
Act receives the Royal Assent.
5 (2) Sections 3, 4, 5, 6, Parts 2 and 3, Division 1 of
Part 5, Division 3 (other than section 39) of Part 5,
Division 4 of Part 5, Parts 6 and 7, Part 8 (other
than sections 56, 59, 60 and 73) and Schedules 1,
2, 3, 5 and 6 come into operation on 1 July 2010.
10 (3) The remaining provisions of this Act come into
operation on 1 July 2011.
3 Definitions
(1) In this Act--
accountable officer, in relation to a Department
15 or public body, means the accountable
officer for that Department or public body as
determined under section 14;
Administrative Office has the same meaning as it
has in section 4(1) of the Public
20 Administration Act 2004;
Administrative Office Head has the same
meaning as it has in section 4(1) of the
Public Administration Act 2004;
annual financial report means the financial
25 report prepared in accordance with
section 40;
arrangement means any agreement, arrangement,
understanding, promise or undertaking
whether express or implied, or any
30 transaction;
Australian Accounting Standards means the
accounting standards made under the
Corporations Act;
561248B.I-8/12/2009 2 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 3
Board means the Board continued as the State
Procurement Board under section 15;
budget means the State budget;
business day means a day other than a Saturday, a
5 Sunday or a public holiday appointed under
the Public Holidays Act 1993;
Category 1 public body means a public body to
which section 4(4) applies;
Category 2 public body means a public body to
10 which section 4(5) applies;
Category 3 public body means a public body
which is categorised as a Category 3 public
body in accordance with section 4(7);
Category 4 public body means a public body
15 which is categorised as a Category 4 public
body in accordance with section 4(7);
chief finance officer, in relation to a Department
or public body, means the person designated
as the chief finance officer for the purposes
20 of section 14;
Consolidated Fund means the account known as
the Consolidated Fund established and kept
under section 9 of the Financial
Management Act 1994 (as in force
25 immediately before the commencement of
section 21);
Council has the same meaning as it has in
section 3(1) of the Local Government
Act 1989;
30 Department means a Department within the
meaning of section 4(1) of the Public
Administration Act 2004;
561248B.I-8/12/2009 3 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 3
Department Head has the same meaning as it has
in section 4(1) of the Public Administration
Act 2004;
department of the Parliament means--
5 (a) Department of the Legislative Council;
(b) Department of the Legislative
Assembly;
(c) Department of the Parliamentary
Services;
10 (d) a Joint Investigatory Committee;
(e) the Victorian Auditor-General's Office;
Departmental working account means an account
established in accordance with section 22;
directions means directions given by the Minister
15 under section 17;
enactment means a rule, regulation, by-law, order,
Order in Council, proclamation or other
instrument of a legislative character;
financial accommodation means a financial
20 benefit or assistance to obtain a financial
benefit arising from or as a result of--
(a) an overdraft;
(b) a loan;
(c) issuing, endorsing or otherwise dealing
25 in promissory notes;
(d) drawing, accepting, endorsing or
otherwise dealing in bills of exchange;
(e) issuing, purchasing or otherwise
dealing in securities;
30 (f) granting or taking a lease of any real or
personal property for financing but not
for operating purposes;
561248B.I-8/12/2009 4 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 3
(g) any other arrangement prescribed for
the purposes of this definition;
financial arrangement means a financial
arrangement--
5 (a) establishing rights and obligations to
receive or deliver property the value of
which, or to receive or make a payment
in an amount which, or the value of
which--
10 (i) depends on, or is derived from, the
value, or price, at a particular
future time or during a particular
future period, of particular
property, rights or liabilities; or
15 (ii) depends on, or is derived by
reference to, a particular rate,
index or other factor at a particular
future time or during a particular
future period--
20 and if paragraph (a) applies--
(b) to hedge, protect or manage the value
of the assets or liabilities or prospective
assets and liabilities of a public body
against movements in--
25 (i) currency rates, interest rates,
prices of shares, property or
commodities; or
(ii) any other rates, costs or other
factors, including rates, costs and
30 other factors that affect, or could
affect, the value of the assets or
liabilities or prospective assets and
liabilities of the public body; or
(c) to acquire or dispose of assets or
35 liabilities;
561248B.I-8/12/2009 5 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 3
financial year means--
(a) in relation to a public body--
(i) if the Minister has made a
determination under subsection
5 (3) or (4) with respect to the
financial year of that public body,
the period referred to in the
determination;
(ii) if a period is determined by or
10 under any other Act to be the
financial year for that public body,
that period;
(b) in any other case, the period of
12 months ending at midnight on
15 30 June;
Government means the Government of the State
of Victoria;
invest includes to enter into a transaction or
arrangement for the protection or
20 enhancement of investments;
mid-year financial report means the report
prepared in accordance with section 41;
outcomes means the outcomes stated in a
statement of outcomes;
25 outcomes progress report means a report prepared
in accordance with section 39;
outputs means goods produced or services
provided;
pre-election budget update means the update
30 prepared in accordance with section 29;
prescribed means prescribed by the regulations;
procurement principles means the principles
specified in section 9;
561248B.I-8/12/2009 6 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 3
Public Account means the Public Account opened
and maintained under section 14 of the
Financial Management Act 1994 (as in
force immediately before the commencement
5 of section 19);
public body means a public body within the
meaning of section 4;
public finance and accountability principles
means the principles set out in section 8;
10 relevant Minister means--
(a) in relation to a Department, the
Minister or Ministers for the time being
responsible for any part of that
Department;
15 (b) in relation to a public body established
by or under a provision of an Act or
enactment, the Minister or Ministers for
the time being administering that
provision or enactment;
20 (c) in relation to any other public body, the
Minister declared by the Premier under
subsection (2) to be the relevant
Minister;
(d) in relation to a body to which section 5
25 applies, the Minister declared by the
Minister under subsection (2) to be the
relevant Minister;
report of operations means the report prepared in
accordance with section 42;
30 security includes inscribed stock and debenture,
bond, debenture stock, notes or any other
document creating, evidencing or
acknowledging indebtedness in respect of
financial accommodation whether
561248B.I-8/12/2009 7 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 3
constituting a charge on property of a public
body or not;
statement of outcomes means a statement
prepared in accordance with section 26;
5 statement of outputs means a statement prepared
in accordance with section 27;
superseded Department means--
(a) a Department which has ceased to exist;
or
10 (b) a Department from which a function
has been transferred;
Trust Account means an account established in
the Trust Fund;
trust body means a body (including a trustee or
15 trustees) who or which, or any office the
holder of which, is charged with the control
or management of any trust, fund, account or
superannuation scheme which is established
by an Act or enactment or by the Governor
20 in Council or a Minister;
Trust Fund means the fund referred to in
section 23;
Victorian general government sector, in Part 5,
means the general government sector as
25 defined in the Australian Accounting
Standards as it applies to Victoria;
Victorian public sector, in Part 5, means all the
Departments and public bodies as a whole
sector.
30 (2) The Premier or the Minister may by a notice
published in the Government Gazette, declare a
Minister to be the relevant Minister for the
purposes of paragraph (c) or (d) of the definition
of relevant Minister.
561248B.I-8/12/2009 8 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 4
(3) The Minister may determine in writing that a
period, other than the period of 12 months ending
at midnight on 30 June or the period determined
by or under any other Act, is the financial year for
5 a public body for the purposes of its first or final
report of operations and financial statements
under this Act.
(4) Unless inconsistent with another Act, the Minister
may, in relation to a public body or class of public
10 body, in writing determine that a period, other
than the period of 12 months ending at midnight
on 30 June, is the financial year for that public
body or public bodies of that class.
(5) The Minister may fix an alternative date for
15 compliance with a requirement under this Act if
the Minister considers that it is necessary to do so
as the result of making a determination under
subsection (3) or (4).
4 Public bodies
20 (1) For the purposes of this Act, subject to subsection
(2), public body means--
(a) a body corporate which is controlled by the
State and holds, raises, collects or expends
money;
25 (b) a body, office or trust body which--
(i) is not a body to which paragraph (a)
applies; and
(ii) is established by or under an Act or
enactment or by the Governor in
30 Council or a Minister; and
(iii) is declared by the Minister, by notice
published in the Government Gazette,
to be a public body for the purposes of
this Act.
561248B.I-8/12/2009 9 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 4
(2) The following are not public bodies--
(a) a Council;
(b) a body which a Council has participated in
the formation of under section 193 of the
5 Local Government Act 1989 and section
193(11) of that Act applies;
(c) a regional library to which section 196 of the
Local Government Act 1989 applies;
(d) a university within the meaning of the
10 Education and Training Reform Act 2006;
(e) a limited company which a university within
the meaning of the Education and Training
Reform Act 2006 forms, participates in the
formation of, or is a member of, and the
15 accounts of the limited company are required
to be audited annually by the Auditor-
General.
(3) A public body may be categorised as a--
(a) Category 1 public body; or
20 (b) Category 2 public body; or
(c) Category 3 public body; or
(d) Category 4 public body.
(4) A public body is a Category 1 public body if it--
(a) is a public financial corporation; or
25 (b) has--
(i) assets equal to or greater than
$100 000 000 or another specified
amount; and
(ii) expenses equal to or greater than
30 $25 000 000 or another specified
amount; and
561248B.I-8/12/2009 10 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 4
(iii) liabilities the value of which is equal to
or greater than 20 per cent or another
specified percentage of the value of its
assets.
5 (5) A public body is a Category 2 public body if it
has--
(a) assets equal to or greater than $5 000 000 or
another specified amount; and
(b) expenses equal to or greater than $5 000 000
10 or another specified amount.
(6) The Governor in Council may by Order in
Council published in the Government Gazette
specify--
(a) an amount or percentage for the purposes of
15 subsections (4) and (5);
(b) the manner in which that amount or
percentage is to be determined or applied.
(7) In consultation with the Minister, the relevant
Minister in relation to a public body which is not a
20 Category 1 public body or a Category 2 public
body may categorise the public body as a--
(a) Category 3 public body; or
(b) Category 4 public body.
(8) The Minister may issue directions for the purposes
25 of subsection (7) which specify the non-financial
factors which are to be considered in determining
the category of a public body.
(9) Subject to section 43, the Minister may, after any
consultation that the Minister considers necessary,
30 by notice in writing to a public body--
(a) exempt the public body from the provisions
of this Act, the regulations or directions
specified in the notice for the period
specified in the notice;
561248B.I-8/12/2009 11 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 4
(b) determine that the public body (other than a
public financial corporation)--
(i) is a Category 1 public body; or
(ii) is a Category 2 public body--
5 for the purposes of the provisions of this Act,
the regulations or directions specified in the
notice for the period specified in the notice.
(10) A notice under subsection (9) must be
published--
10 (a) in the Government Gazette; and
(b) on a Government Internet website.
(11) If a public body is a corporation within the
meaning of the Corporations Act and there is a
conflict between the provisions that apply to the
15 public body under the Corporations Act and the
provisions that apply under this Act--
(a) the provisions of the Corporations Act
prevail to the extent of the inconsistency;
(b) the public body is not required to comply
20 with the provisions of this Act which are
inconsistent.
(12) The relevant Minister in relation to a public body
must advise the Auditor General and the Minister
if--
25 (a) the public body is established;
(b) the public body is abolished;
(c) the public body is categorised as a
Category 1 public body or a Category 2
public body;
30 (d) the public body ceases to be categorised as a
Category 1 public body or a Category 2
public body.
561248B.I-8/12/2009 12 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 5
(13) For the purposes of this section--
assets, expenses and liabilities have the same
respective meanings as they have in the
Australian Accounting Standards with any
5 modifications as may be prescribed;
controlled has the same meaning as it has in the
Australian Accounting Standards;
public financial corporation means--
(a) Rural Finance Corporation of Victoria;
10 (b) State Trustees Limited
(A.C.N. 064 593 148);
(c) Transport Accident Commission;
(d) Treasury Corporation of Victoria;
(e) Victorian Funds Management
15 Corporation;
(f) Victorian Managed Insurance
Authority;
(g) Victorian WorkCover Authority;
specified means specified in an Order in Council
20 made under subsection (6).
5 Minister may direct certain bodies which are not
public bodies to comply with certain requirements
(1) This section applies to--
(a) a university within the meaning of the
25 Education and Training Reform Act 2006;
(b) a limited company which a university within
the meaning of the Education and Training
Reform Act 2006 forms, participates in the
formation of, or is a member of, and the
30 accounts of the limited company are required
to be audited annually by the Auditor-
General;
561248B.I-8/12/2009 13 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 1--Preliminary
s. 6
(c) a denominational hospital listed in
Schedule 2 to the Health Services Act 1988.
(2) The Minister may, after any consultation that the
Minister considers necessary, by notice in writing
5 to a body to which this section applies, require the
body to comply with the provisions of this Act
and the regulations relating to preparing and
submitting reports of operations and audited
financial statements as are specified in the notice
10 as if it were a Category 1 public body.
(3) The relevant Minister must cause the report of
operations and audited financial statements of a
body to which this section applies to be
transmitted to each House of the Parliament in
15 accordance with this Act.
6 Act binds the Crown
(1) This Act binds the Crown--
(a) in the right of the State of Victoria; and
(b) to the extent that the legislative power of the
20 Parliament permits, in all its other capacities.
(2) To avoid doubt, the Crown is a body corporate for
the purposes of this Act and the regulations but is
not a public body.
_______________
561248B.I-8/12/2009 14 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 2--Principles
s. 7
PART 2--PRINCIPLES
7 Objectives
The objectives of this Act are to--
(a) make outcomes and their associated outputs
5 the basis for the whole of the cycle of
planning, resource allocation, resource
management and financial and performance
reporting;
(b) ensure that--
10 (i) the information about the management
of public finance and public resources
provided publicly and to the Parliament
is clear, accurate and readily
understandable;
15 (ii) high standards of governance and
accountability in relation to financial
and risk management operate across the
Victorian public sector;
(iii) the requirements imposed on categories
20 of public bodies in relation to finance,
resource management and governance
differ relative to the complexity and
risk profile of each public body;
(iv) the public sector values of integrity,
25 accountability and impartiality are
upheld.
8 Public finance and accountability principles
The principles that apply to public finance and
public resource management in Victoria are--
30 (a) the Government will--
(i) manage the State's finances and risks
prudently having regard to economic
circumstances;
561248B.I-8/12/2009 15 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 2--Principles
s. 8
(ii) implement spending and taxing policies
which are consistent with a reasonable
degree of stability and predictability in
the level of the tax burden;
5 (iii) seek to maintain a taxation system that
is fair and efficient;
(iv) ensure that policy decisions have regard
to their financial effects on present and
future generations;
10 (b) Government planning, budgeting and
accountability processes will--
(i) focus on the achievement of stated
outcomes;
(ii) clearly identify the outputs and
15 investments that need to be delivered to
achieve stated outcomes;
(iii) establish a means for measuring
achievement of stated outcomes;
(c) the Government will ensure that the use of
20 public resources is in accordance with a plan
and authorised in an appropriate manner;
(d) the Government will establish and maintain
systems and procedures to ensure that public
resources are managed effectively and
25 achieve best value for money;
(e) Government reporting will be--
(i) clear and accurate;
(ii) consistent with the relevant planning
documents;
30 (iii) prepared at a time and in a manner
which is useful to the intended
audience.
561248B.I-8/12/2009 16 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 2--Principles
s. 9
9 The procurement principles
The principles that apply to procurement by the
Government and by public bodies are--
(a) value for money procurement outcomes
5 based on a balanced judgement of financial
and non-financial factors relevant to the
procurement;
(b) accountability for procurement
commensurate with appropriate levels of
10 authority and responsibility;
(c) probity through the application of integrity
and ethical behaviour in the conduct of
procurement processes;
(d) scalability so that procurement governance
15 policies and processes and capability are
appropriate for the complexity and
significance of the procurement undertaken.
10 Administration and interpretation
It is the intention of Parliament that this Act is to
20 be administered and interpreted having regard to
the objectives of this Act and the public finance
and accountability principles and the procurement
principles.
11 Effect of this Part
25 The Parliament does not intend by this Part to
create in any person any legal right or to give rise
to any civil cause of action.
__________________
561248B.I-8/12/2009 17 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 3--Administration
s. 12
PART 3--ADMINISTRATION
12 Responsibilities of Departments and public bodies
(1) A Department or public body has the following
responsibilities--
5 (a) to support the achievement of outcomes by
ensuring that outputs are delivered in an
efficient and economical manner and
obligations are met in a timely manner;
(b) to comply with applicable legislative
10 requirements and to implement associated
policy frameworks;
(c) to ensure that prudent and sound governance
systems are developed, implemented and
maintained;
15 (d) to ensure that risk is managed appropriately
and effectively;
(e) to ensure that revenue, expenditure, assets
and liabilities are managed efficiently,
effectively and economically;
20 (f) to comply with the procurement principles;
(g) to ensure that appropriate financial and non-
financial information--
(i) is maintained in an appropriate form in
relation to its activities;
25 (ii) is made available to the Minister and
the relevant Minister as required;
(h) to comply with this Act, the regulations and
any directions given under this Act.
(2) The relevant Department Head is responsible for
30 ensuring that a Department discharges the
responsibilities conferred on the Department by
this section.
561248B.I-8/12/2009 18 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 3--Administration
s. 13
(3) The relevant Department Head must advise the
relevant Minister on the discharge by a public
body of the responsibilities conferred on the
public body under this section.
5 (4) A public body must provide to the relevant
Department Head any information which the
relevant Department Head requires to enable the
relevant Department Head to comply with
subsection (3).
10 13 Responsibilities of Department Heads and
Administrative Office Heads
(1) Without limiting the generality of section 13 of
the Public Administration Act 2004, the
responsibility of a Department Head under that
15 section includes the public finance and
accountability responsibilities conferred by this
Act.
(2) Without limiting the generality of section 14(1) of
the Public Administration Act 2004, the
20 responsibility of an Administrative Office Head
under that section to the Department Head of the
Department in relation to which the
Administrative Office exists includes the public
finance and accountability responsibilities
25 conferred by this Act.
14 Responsibility of accountable officer and other
officers
(1) For the purposes of this Act, there must be an
accountable officer for each Department and
30 public body.
(2) The accountable officer for a Department is the
Department Head of that Department.
561248B.I-8/12/2009 19 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 3--Administration
s. 14
(3) The accountable officer for a public body--
(a) is the chief executive officer, by whatever
name called, of that public body; or
(b) if there is no chief executive officer, is a
5 person appointed by the governing body of
the public body to be the accountable officer.
(4) The accountable officer of a Department or public
body must designate a position of chief finance
officer in the manner prescribed, in respect of the
10 financial administration of the Department or
public body.
(5) The accountable officer of a Department or public
body must ensure that there are kept proper
accounts and records of the transactions and
15 affairs of the Department or public body and any
other records necessary to sufficiently explain the
operations, performance and financial position of
the Department or public body.
(6) For the purposes of this Act, if a function has been
20 transferred from one Department to another
Department and immediately before the transfer a
person for the time being holding or performing
the duties of an office in the superseded
Department could have exercised a power or
25 performed a duty under this Act, the regulations or
directions with respect to the performance of the
function--
(a) the person who under this Act or the
regulations has the power to do so in respect
30 of the other Department may in accordance
with this Act or the regulations appoint
another person to exercise that power or
perform that duty with respect to the
performance of the function by the other
35 Department and also so far as it is necessary
561248B.I-8/12/2009 20 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 3--Administration
s. 15
with respect to the former performance of the
function by the superseded Department;
(b) until an appointment is made under
paragraph (a) the person first-mentioned in
5 this subsection may exercise that power and
perform that duty with respect to the
performance of the function by the other
Department and also so far as it is necessary
with respect to the former performance of the
10 function by the superseded Department.
15 State Procurement Board
(1) The Victorian Government Purchasing Board
established under section 54A of the Financial
Management Act 1994 (as in force immediately
15 before the commencement of this section) is
continued as the State Procurement Board subject
to, and in accordance with, this Act.
(2) The Board--
(a) is a body corporate with perpetual
20 succession;
(b) has a common seal;
(c) may sue and be sued in its corporate name;
(d) may acquire, hold and dispose of real and
personal property;
25 (e) may do and suffer all things that a body
corporate may, by law, do and suffer.
(3) The common seal must be kept as directed by the
Board and must not be used except as authorised
by the Board.
30 (4) All courts must take judicial notice of the
common seal on a document and, until the
contrary is proved, must presume that the seal was
properly affixed.
(5) Schedule 1 has effect.
561248B.I-8/12/2009 21 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 3--Administration
s. 16
16 Functions and powers of the Board
(1) The functions of the Board are--
(a) to advise the Minister in relation to the
application of the procurement principles and
5 procurement policies;
(b) when requested to do so by the Minister, the
relevant Minister or the relevant accountable
officer, to support procurement activities
undertaken by a Department or public body
10 by--
(i) reviewing procurement processes, and
where appropriate, making
recommendations in relation to
procurement processes;
15 (ii) monitoring probity and progress
relating to those procurement activities;
(c) to guide the development of procurement
capability and report annually to the Minister
in the manner and form determined by the
20 Minister on that capability and its
development;
(d) to establish a complaints review system to
enable the Board to--
(i) review a complaint in relation to the
25 probity and process of a procurement
activity which has been investigated by
the accountable officer;
(ii) make a recommendation to the
accountable officer in relation to the
30 complaint;
(iii) report annually to the Minister in
respect of complaints received in the
manner and form approved by the
Minister specifying the
35 recommendations that were made to
561248B.I-8/12/2009 22 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 3--Administration
s. 17
accountable officers and the response to
those recommendations;
(e) any other functions conferred on the Board
by this Act or the regulations.
5 (2) The Board has all the powers necessary to
perform its functions.
(3) Without limiting subsection (2), the Board may
exercise any other powers conferred on the Board
by this Act or the regulations.
10 17 Directions
(1) The Minister may give a public body, an
accountable officer or a chief finance officer
directions in writing for or with respect to any of
the matters for or with respect to which
15 regulations may be made under this Act.
Note
Section 53 sets out the matters for or with respect to which
regulations may be made under this Act.
(2) Directions made under subsection (1) must not be
20 inconsistent with this Act or the regulations.
(3) For the avoidance of doubt, the power to make
directions under subsection (1) extends to
directions with respect to money in a Trust
Account in the Trust Fund that is established by or
25 under another Act.
(4) Information that may be required by directions
made under subsection (1) may extend to previous
financial years and to proposals and forecasts for
future years.
30 (5) The directions--
(a) may be of general or specially limited
application;
(b) may differ according to differences in time,
place or circumstance;
561248B.I-8/12/2009 23 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 3--Administration
s. 18
(c) may leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by a specified person or
class of person;
5 (d) may provide in a specified case or class of
case for the exemption of persons or things
or a class of persons or things from any of
the provisions of the directions, whether
unconditionally or on specified conditions
10 and either wholly or to the extent specified;
(e) may confer powers or impose duties in
connection with the directions on any
specified person or specified class of
persons.
15 (6) A direction may adopt, apply or incorporate the
whole or any part of a statement of accounting
standards or statement of accounting practice
issued at any time before the direction is made by
all or any of the following--
20 (a) Australian Securities and Investments
Commission;
(b) Australian Accounting Standards Board;
(c) any other person or body prescribed for the
purposes of this section.
25 18 Delegation
The Minister may, by instrument, delegate to any
person or class of persons employed in the
administration of this Act any power of the
Minister under this Act or the regulations, other
30 than this power of delegation.
__________________
561248B.I-8/12/2009 24 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 4--The Public Account
s. 19
PART 4--THE PUBLIC ACCOUNT
19 The Public Account
(1) The Minister must maintain the Public Account in
accordance with this Act.
5 (2) The Public Account consists of--
(a) the Consolidated Fund;
(b) Departmental working accounts;
(c) the Trust Fund.
20 Administration of the Public Account
10 (1) Subject to this section, the Public Account must
be administered as prescribed.
(2) Money in the Public Account must be deposited in
an account with an ADI.
(3) Any money standing to the credit of the Public
15 Account may be invested by the Minister in any
manner which the Minister considers appropriate.
(4) Except where otherwise expressly provided,
interest received from the investment of any
money under subsection (3) must be credited to
20 the Consolidated Fund.
(5) A Department is responsible for the Departmental
working account and any Trust Account held in
the Trust Fund on behalf of the Department.
(6) The Minister may borrow money from a
25 Departmental working account for the
Consolidated Fund.
21 The Consolidated Fund
(1) The Consolidated Fund is continued in accordance
with this Act.
561248B.I-8/12/2009 25 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 4--The Public Account
s. 22
(2) Except as otherwise provided by this Act, there is
to be paid to the Consolidated Fund--
(a) all money forming part of the Consolidated
Revenue under the Constitution Act 1975;
5 (b) all money--
(i) raised by or on behalf of or received by
the State; or
(ii) which by or under an Act is payable to
a person holding an office or place in
10 the public service--
and which is not, by or under an Act,
required or authorised to be paid to a
Departmental working account, the Trust
Fund, a Trust Account in the Trust Fund or
15 any other fund.
22 Departmental working accounts
(1) The Minister may establish a Departmental
working account within the Public Account for
each Department.
20 (2) There is to be paid into a Departmental working
account--
(a) all money legally available for payment into
the Departmental working account at a time
determined by the Treasurer;
25 (b) any money determined by the Minister under
section 25(3) to be available to be paid into
the Departmental working account.
(3) Despite anything to the contrary in any other Act,
the Minister may, with the agreement of the
30 relevant Minister, by written authority authorise a
Department to pay into a Departmental working
account instead of being paid into the
Consolidated Fund all or a specified amount of
money received by the Department from--
561248B.I-8/12/2009 26 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 4--The Public Account
s. 23
(a) the provision of outputs;
(b) the sale of assets shown in the accounts of
the Department;
(c) a Council as a specific purpose payment.
5 (4) The Minister may direct a Department to transfer
any money in a Departmental working account
that is surplus to the amount that is required for
the purposes of the Department to the
Consolidated Fund.
10 (5) The Minister may, with the agreement of
President of the Legislative Council and the
Speaker of the Legislative Assembly, direct a
department of the Parliament to transfer any
money in a Departmental working account that is
15 surplus to the amount that is required for the
purposes of the Department to the Consolidated
Fund.
(6) For the purposes of this section, other than in
subsection (4), a reference to a Department
20 includes a reference to the Parliament.
23 The Trust Fund
(1) The Minister may establish Trust Accounts in the
Trust Fund and define the purposes for which they
are established.
25 (2) Subject to this section, Trust Accounts existing
immediately before the commencement of this
section (whether or not established by an Act)
continue as Trust Accounts under this section.
(3) All money standing to the credit of an account
30 which is a Trust Account for the purposes of this
section is deemed to be money standing to the
credit of the Trust Fund.
561248B.I-8/12/2009 27 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 4--The Public Account
s. 24
(4) The Minister may direct that--
(a) money standing to the credit of a Trust
Account is to be credited to another Trust
Account which includes the purposes of the
5 first Trust Account; and
(b) the first Trust Account be closed.
(5) The Minister may direct that a Trust Account be
closed and any money standing to the credit of the
Trust Account is to be credited to another Trust
10 Account, a Departmental working account or the
Consolidated Fund as specified by the Minister
if--
(a) the purposes of the Trust Account have been
wholly discharged or exhausted; or
15 (b) there is no realistic prospect based on
available evidence that any of the money
standing to the credit of the Trust Account
can be disbursed in the future; or
(c) the sole purpose of the Trust Account is to
20 hold and disburse money for the internal
operations of Government.
24 Operation of Trust Accounts
(1) The Minister may--
(a) accept deposits and credit the deposits to an
25 appropriate Trust Account;
(b) allow interest on the deposits at the
prescribed rate;
(c) borrow money for the purposes of an
appropriate Trust Account and credit the
30 money to that Trust Account.
(2) The Minister may invest money standing to the
credit of a Trust Account in any manner which the
Minister considers appropriate.
561248B.I-8/12/2009 28 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 4--The Public Account
s. 25
(3) The Minister must not expend any money
standing to the credit of a Trust Account except
for the purposes of that Trust Account or under
the authority of this or another Act.
5 25 Commonwealth money
(1) If money is made available by the Commonwealth
for a purpose defined under an Act of the
Commonwealth or in an arrangement between the
Commonwealth and the State, the money must be
10 applied for that purpose in accordance with this
section.
(2) If money referred to in subsection (1) is made
available for payment to a specific body or a
specific class of body, the Minister may accept the
15 money and pay the money into a suitable Trust
Account in the Trust Fund.
(3) If money referred to in subsection (1) is made
available without any specification as to payment
to a specific body or a specific class of body, the
20 Minister may--
(a) accept the money and pay the money into the
Consolidated Fund;
(b) without any authority other than this Act,
authorise the disbursement of the money
25 from the Consolidated Fund in the manner
determined by the Minister.
(4) For the purposes of subsection (3), the
Consolidated Fund is to the necessary extent
appropriated accordingly.
__________________
561248B.I-8/12/2009 29 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 26
PART 5--RESOURCE MANAGEMENT
Division 1--Planning
26 Statement of outcomes
The Minister must publish a statement of the
5 Government's current intended outcomes.
27 Budget
(1) The Minister must prepare the following in
association with the Annual Appropriation Bills
for a financial year--
10 (a) a statement setting out financial policy
objectives and strategies;
(b) a statement of outputs;
(c) estimated financial statements for the
Victorian general government sector;
15 (d) a statement of financial estimates for the
Victorian public sector;
(e) estimated Departmental financial statements;
(f) an accompanying statement to the estimated
financial statements;
20 (g) a statement of the public sector investment
program.
(2) The purpose of a financial policy objectives and
strategies statement is to make transparent the
Government's financial strategies and to establish
25 a benchmark for evaluating the Government's
conduct of financial policy.
561248B.I-8/12/2009 30 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 27
(3) The purpose of a statement of outputs is to--
(a) specify outputs in respect of each
Department and each department of the
Parliament during the period to which the
5 statement relates;
(b) describe in respect of each Department how
the outputs will contribute to the outcomes in
the statement of outcomes.
(4) The purpose of the estimated financial statements
10 for the Victorian general government sector is to
set out the projected financial results for that
sector having regard to the Government's
decisions and stated financial policies and
assumptions.
15 (5) The purpose of a statement of financial estimates
for the Victorian public sector is to set out the
projected financial results for that sector.
(6) The purpose of the estimated Departmental
financial statements is to set out the projected
20 financial results for each Department and for the
Parliament.
(7) The purpose of an accompanying statement to the
estimated financial statements is to explain and
discuss the projected financial results, including
25 identifying--
(a) the material assumptions underpinning the
results and the sensitivity of the results to
changes in those assumptions;
(b) Government decisions which could have a
30 material effect on the projected results;
(c) the estimated tax expenditures and
concessions for the financial years covered
by the estimated financial statements;
(d) the risks that could have a material effect on
35 the projected results.
561248B.I-8/12/2009 31 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 28
(8) The purpose of a statement of the public sector
investment program is to inform Parliament and
Victorians of the major asset investments being
undertaken by the Government to increase service
5 capacity or sustain existing service capacity.
(9) The Minister must cause the statements prepared
under this section to be laid before--
(a) the Legislative Assembly on or before the
day on which the second readings of the
10 Annual Appropriation Bills are moved; and
(b) the Legislative Council on the same day that
the statements are laid before the Legislative
Assembly or, if the Legislative Council is
not sitting on that day, on the next sitting day
15 of the Legislative Council.
28 Budget update
(1) The Minister must prepare a budget update for
each financial year.
(2) The purpose of a budget update is to provide an
20 update on the Government's financial policy
objectives and strategies and to provide an
assessment against the policy objectives and
strategies, including updated estimated financial
statements for the Victorian general government
25 sector and updated financial estimates for the
Victorian public sector.
(3) The Minister must cause the budget update to be
transmitted to each House of the Parliament--
(a) by 30 November in any year during which a
30 general election is not required to be held
under the Constitution Act 1975; and
(b) by 31 January in the year following a year
during which a general election is required to
be held under the Constitution Act 1975.
561248B.I-8/12/2009 32 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 29
29 Pre-election budget update
(1) If a writ is issued for a general election within the
meaning of section 3 of the Electoral Act 2002,
the Secretary to the Department of Treasury and
5 Finance must prepare a pre-election budget
update.
(2) The purpose of a pre-election budget update is to
provide updated information on the estimated
financial statements.
10 (3) A pre-election budget update comprises--
(a) updated estimated financial statements for
the Victorian general government sector for
the financial year in respect of which they
are prepared and the following 3 financial
15 years;
(b) a statement of the material economic and
other assumptions that have been used in
preparing the updated statements;
(c) discussion of the sensitivity of the updated
20 statements to changes in those economic and
other assumptions;
(d) a statement of the risks, quantified where
feasible, that may have a material effect on
the updated statements, including--
25 (i) contingent assets and contingent
liabilities;
(ii) publicly announced Government
commitments that are not yet included
in the updated statements.
30 (4) The information in a pre-election budget update
must take into account, to the fullest extent
possible, all Government decisions and all other
circumstances that may have a material effect on
the estimated financial statements.
561248B.I-8/12/2009 33 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 30
(5) A pre-election budget update must be prepared on
a basis consistent with--
(a) the current financial policy objectives and
strategies statement; and
5 (b) the most recent estimated financial
statements or budget update, as applicable.
(6) If particular information required to be included in
a pre-election budget update is unchanged from
information set out in full in--
10 (a) earlier estimated financial statements and the
accompanying statement; or
(b) an earlier budget update--
the pre-election budget update may instead
summarise the information and state that it is
15 unchanged from the information which was set
out in the earlier estimated financial statements
and the accompanying statement or earlier budget
update.
(7) The Secretary to the Department of Treasury and
20 Finance must publicly release the pre-election
budget update within 10 days after the issue of the
writ for the election.
Division 2--Budget management
30 Supplementation
25 (1) This section applies if--
(a) an amount was not provided for, or was
insufficiently provided for in the Annual
Appropriation Act or the Annual
Appropriation (Parliament) Act because--
30 (i) the expenditure was unforeseen; or
561248B.I-8/12/2009 34 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 30
(ii) there was an erroneous omission or
understatement; or
(iii) the circumstances or amount of the
expenditure were not finally known or
5 were not appropriately available for
public disclosure; and
(b) there is an urgent need for the additional
amount to be issued or the issuing of the
additional amount is in the public interest.
10 (2) If this section applies, subject to subsections (3)
and (4), the Minister may issue an additional
amount from the Public Account to a Department
or a department of the Parliament.
(3) The total of amounts issued under this section in a
15 financial year must not exceed 3 per cent of the
total amount appropriated by the Annual
Appropriation Act or Annual Appropriation
(Parliament) Act in respect of that financial year.
(4) The issue of any amount in accordance with this
20 section must be consistent with the statement of
outcomes.
(5) Details of any amount issued in accordance with
this section and the reason why the additional
amount was required must be included in the
25 annual financial report and in the report of
operations of the relevant Department.
(6) The total amount issued under this section must be
included in a Schedule to the Annual
Appropriation Bill in the subsequent financial
30 year and be submitted for Parliamentary authority.
561248B.I-8/12/2009 35 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 31
31 Additional supplementation in respect of salaries
and related costs
(1) This section applies if--
(a) in respect of a financial year the amount
5 payable in respect of salaries and related
costs is increased as the result of any Act or
determination; and
(b) the amounts appropriated through the Annual
Appropriation Act or Annual Appropriation
10 (Parliament) Act are insufficient to provide
for the payment of the increased amount
payable in respect of salaries and related
costs.
(2) If this section applies, the Treasurer may issue out
15 of the Consolidated Fund an amount not
exceeding the increased amount payable in respect
of salaries and related costs in addition to the
amount issued under the Annual Appropriation
Act or Annual Appropriation (Parliament) Act.
20 (3) The Consolidated Fund is appropriated to the
extent necessary for the purposes of this section.
(4) In this section--
determination includes any--
(a) regulation;
25 (b) award, order or determination of a
person or body authorised to determine
minimum salaries or wages under any
law of the Commonwealth or of the
State;
30 (c) agreement approved in accordance with
the Workplace Relations Act 1996 of
the Commonwealth or the Fair Work
Act 2009 of the Commonwealth;
561248B.I-8/12/2009 36 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 32
(d) agreement entered into by or on behalf
of the State;
salaries and related costs includes--
(a) wages or other amounts in the nature of
5 salary;
(b) payments by way of overtime or
penalty rates or in lieu of long service
leave;
(c) payments for retiring gratuities,
10 superannuation contributions, annual
leave loadings, payroll tax payments or
WorkCover insurance policy premiums.
32 Transfer between Departments
The Minister may, after consultation with the
15 relevant Ministers, determine that part of an
amount appropriated for an item in a Schedule to
an Annual Appropriation Act in respect of a
Department that relates to an outcome may be
transferred to, and applied for the purposes of,
20 another item in the Schedule in respect of another
Department that relates to the same outcome.
33 Transfer between departments of the Parliament
(1) The President of the Legislative Council and the
Speaker of the Legislative Assembly acting jointly
25 may, with the consent of the Treasurer, transfer
any amount appropriated in the Annual
Appropriation (Parliament) Act in respect of a
department of the Parliament to another
department of the Parliament.
30 (2) The President of the Legislative Council and the
Speaker of the Legislative Assembly acting jointly
must ensure that particulars of a transfer under
subsection (1) are given to the Minister
administering this section as soon as possible.
561248B.I-8/12/2009 37 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 34
34 Appropriation in the case of a superseded
Department
If money has been appropriated in an Annual
Appropriation Act in respect of a specified
5 Department which is a superseded Department by
reference to a specified outcome or purpose, the
money is by virtue of this section--
(a) still available for that specified outcome or
purpose; and
10 (b) deemed to have been appropriated in respect
of a Department which is, or Departments
which are, responsible for that specified
outcome or purpose as is determined by the
Treasurer.
15 35 Temporary advances
(1) The Minister may issue temporarily out of the
Public Account any money required for a known
purpose if the Minister is satisfied that there is an
agreement which sets out the basis for the
20 repayment of the money into the Public Account.
(2) All money issued under this section must be paid
back into the Public Account in the financial year
in which the money was issued unless otherwise
approved by the Minister.
25 (3) Interest is to be paid on money issued under this
section at a rate determined by the Minister.
(4) The Minister may waive the payment of all or part
of the interest payable under subsection (3).
36 Application of other money to meet appropriation
30 (1) If at any time the money in the Consolidated Fund
is insufficient to meet an appropriation authorised
by any Act, the Minister may apply other money
in a Departmental working account or in a Trust
Account in the Trust Fund to meet the
35 appropriation by way of an advance.
561248B.I-8/12/2009 38 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 37
(2) An advance arranged under subsection (1) is
deemed to be money legally available to meet
appropriations from the Consolidated Fund
authorised by any Act.
5 37 Unused appropriation in relation to specified
outcome
(1) If an amount appropriated for a financial year by
reference to a specified outcome is not applied, or
is not likely to be applied, in that year, the
10 Minister may determine that the amount, or part of
it, may not be applied in that financial year but
may be applied for that specified outcome in the
next financial year.
(2) If the Minister makes a determination under
15 subsection (1), the amount appropriated in relation
to that specified outcome in respect of the next
financial year is deemed to have been increased
accordingly.
(3) The estimated Departmental financial statements
20 must include the estimated amounts for which
determinations under this section may be made in
respect of unused appropriation for the preceding
financial year.
(4) For the purposes of the Annual Appropriation
25 (Parliament) Act, this section applies as if a
reference to a specified outcome were a reference
to a department of the Parliament.
38 Disclosure of transactions
Any transaction conducted under this Division
30 must be reported in the annual financial report and
in the financial statements of any Department
affected by the transaction.
561248B.I-8/12/2009 39 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 39
Division 3--Reporting
39 Outcomes progress report
The Minister must publish an outcomes progress
report specifying progress on the Government's
5 intended outcomes as stated in the statement of
outcomes for the current financial year at least
once during the following financial year.
40 Annual financial report
(1) The Minister must prepare an annual financial
10 report for each financial year.
(2) The purpose of the annual financial report is to
present the financial results and position of the
Victorian general government sector and the
Victorian public sector each financial year.
15 (3) The annual financial report must contain a report
on the Public Account.
(4) The Minister must, by 5 September each year,
submit the annual financial report to the Auditor-
General for auditing.
20 (5) The Minister must cause the annual financial
report to be transmitted to each House of the
Parliament by 30 September each year.
41 Mid-year financial report
(1) The Minister must prepare a mid-year financial
25 report for each financial year.
(2) The purpose of the mid-year financial report is to
present the financial results and position of the
Victorian general government sector and the
Victorian public sector as at 31 December in each
30 financial year.
(3) The Minister must cause the mid-year financial
report to be transmitted to each House of the
Parliament by 28 February each year.
561248B.I-8/12/2009 40 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 42
42 Annual report of Department or public body
(1) As soon as practicable after the end of each
financial year, the accountable officer of a
Department or public body must cause to be
5 prepared--
(a) a report of the operations of the Department
or public body during the financial year; and
(b) financial statements of the Department or
public body for the financial year.
10 (2) The purpose of the report of operations and
financial statements is to enable--
(a) a Department to report on its--
(i) activities and performance for the
previous financial year, including its
15 performance against outputs; and
(ii) financial position at the end of that
financial year;
(b) a public body to report on its--
(i) activities and performance for the
20 previous financial year; and
(ii) financial position at the end of that
financial year.
(3) The financial statements of a Department must
contain a report on the Departmental working
25 account.
(4) Subject to subsection (5), the accountable officer
of a Department, Category 1 public body,
Category 2 public body or Category 3 public body
must submit the report of operations and financial
30 statements to the Auditor-General.
561248B.I-8/12/2009 41 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 42
(5) Subsection (4) does not apply to a public body
that is not required under the Audit Act 1994 or
any other Act to have its financial statements
audited by the Auditor-General.
5 (6) The accountable officer of a Department or a
public body to which subsection (4) applies must
submit--
(a) the report of operations of the Department or
public body to the Auditor-General as soon
10 as practicable after the report of operations
has been prepared;
(b) the financial statements of the Department or
public body to the Auditor-General--
(i) within 8 weeks after the end of the
15 financial year; or
(ii) any period less than 8 weeks as may be
prescribed.
(7) The financial statements of an Administrative
Office (other than the Environment Protection
20 Authority) must be incorporated in and
consolidated with the financial statements of the
relevant Department for that financial year.
(8) The last report of operations and financial
statements of a public body that ceases to exist or
25 is merged with another public body must be
prepared--
(a) within 3 months of the date on which the
public body ceased to exist or was merged;
and
30 (b) by the accountable officer and chief finance
officer of that public body or by a person
nominated by the Minister.
561248B.I-8/12/2009 42 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 42
(9) The relevant Minister of a Department,
Category 1 public body or Category 2 public body
must cause the report of operations and audited
financial statements to be transmitted to each
5 House of the Parliament by 30 September each
year.
(10) The relevant Minister of a Category 3 public body
must cause the report of operations and audited
financial statements to be transmitted to each
10 House of the Parliament by the prescribed date
each year.
(11) If the relevant Minister of a Department,
Category 1 public body, Category 2 public body
or Category 3 public body has not received the
15 report of operations and audited financial
statements of the Department or public body in
time for him or her to comply with this section,
the relevant Minister must cause--
(a) that fact and the reasons for it to be reported
20 to each House of the Parliament; and
(b) the report of operations and audited financial
statements to be transmitted to each House of
the Parliament as soon as practicable after
they are received by him or her.
25 (12) In the case of a Category 4 public body, the
Category 4 public body must provide the report of
operations and financial statements to the relevant
Minister.
(13) The relevant Minister of a Category 4 public
30 body--
(a) must report to each House of the Parliament
the receipt by him or her of the report of
operations and financial statements of the
public body; and
561248B.I-8/12/2009 43 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 43
(b) if a member of either House of the
Parliament so requests, must within 14 days
of receiving the request--
(i) provide a copy of the report of
5 operations and financial statements to
the member who made the request; and
(ii) make the report of operations and
financial statements publicly available.
(14) If the provisions of an Act requiring a public body
10 to keep or prepare accounts, or arrange the audit
of accounts or to submit an annual report, or
requiring an annual report to be laid before the
Legislative Assembly or the Legislative Council
or both, are inconsistent with this Act, the
15 provisions of that other Act are void to the extent
of the inconsistency.
(15) This section does not apply to--
(a) the Office of the Ombudsman; or
(b) the Victorian Auditor-General's Office; or
20 (c) the Victorian Electoral Commission.
43 Minister may vary reporting requirements
(1) Subject to subsection (2), the Minister may grant
an exemption in writing to the accountable officer
of a Department or public body from any
25 provision of this Act or the regulations relating to
the contents, form or preparation of the report of
operations and financial statements of that
Department or public body.
(2) The Minister must not grant an exemption from
30 the requirement to cause the report of operations
and financial statements to be prepared and
submitted to the Auditor-General, but may extend
the period within which the report of operations
and financial statements must be submitted.
561248B.I-8/12/2009 44 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 44
(3) An exemption under this section continues to
apply in relation to an accountable officer until the
Minister advises the accountable officer in writing
that it no longer applies.
5 (4) An accountable officer must include in the report
of operations and financial statements particulars
of any exemption given under this section in
respect of the report of operations and financial
statements.
10 44 Composite reports
(1) If the Minister so determines, a Minister who is
the relevant Minister in respect of 2 or more
Departments or public bodies or both may, in
respect of those Departments or public bodies or
15 both, cause to be prepared in respect of a financial
year, in addition to, or instead of, any other report
required to be prepared under this Act or any other
Act--
(a) an annual report containing the reports of
20 operations and financial statements of those
Departments or public bodies or both; or
(b) an annual report containing a report of
operations and financial statements
consolidating information provided by those
25 Departments or public bodies or both.
(2) The Minister administering this section may make
a determination at the request of the relevant
Minister or otherwise.
(3) This section does not apply to--
30 (a) the Office of the Ombudsman; or
(b) the Victorian Auditor-General's Office; or
(c) the Victorian Electoral Commission.
561248B.I-8/12/2009 45 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 45
Division 4--General
45 Form and content of documents
(1) A document required to be prepared under this
Part must be in the manner and form determined
5 by the Minister in accordance with subsection (2).
(2) The Minister must base the manner and form of
any document required to be prepared under this
Part on the relevant Australian Accounting
Standards with any variations that the Minister
10 considers appropriate.
(3) Any variation from the relevant Australian
Accounting Standards in the manner and form of a
document required to be prepared under this Part
must be disclosed in the document.
15 (4) For the purposes of this section, the Minister may
issue directions under section 17 specifying--
(a) the form, content and basis of the report of
operations and financial statements for each
category of public body;
20 (b) any Australian Accounting Standards which
are relevant to the form, content and basis of
the report of operations and financial
statements for each category of public body.
46 Tabling and transmission requirements
25 (1) This section applies if a provision of this Act
requires a document to be transmitted to each
House of the Parliament for tabling.
(2) The clerk of each House of the Parliament must
cause the document to be laid before the House of
30 the Parliament on the day on which it is received
or on the next sitting day of that House of
Parliament.
561248B.I-8/12/2009 46 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 46
(3) If the Minister or the relevant Minister proposes to
transmit a document to the Parliament on a day on
which neither House of the Parliament is actually
sitting, the Minister or the relevant Minister
5 must--
(a) give one business day's notice of his or her
intention to do so to the clerk of each House
of the Parliament; and
(b) give the document to the clerk of each House
10 of the Parliament on the day indicated in the
notice; and
(c) publish the report on a Government Internet
website as soon as practicable after giving it
to the clerks.
15 (4) The clerk of each House of the Parliament must--
(a) notify each member of the House of the
Parliament of the receipt of the notice under
subsection (3)(a) on the same day that the
clerk receives that notice; and
20 (b) give a copy of a document to each member
of the House of the Parliament as soon as
practicable after the document is received
under subsection (3)(b); and
(c) cause the document to be laid before the
25 House of the Parliament on the next sitting
day of the House of Parliament.
(5) A document that is given to the clerks under
subsection (3)(b) is taken to have been published
by order, or under the authority, of the Houses of
30 the Parliament.
(6) The publication of a document by the Minister or
the relevant Minister under subsection (3)(c) is
absolutely privileged and the provisions of
sections 73 and 74 of the Constitution Act 1975
35 and any other enactment or rule of law relating to
561248B.I-8/12/2009 47 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 5--Resource Management
s. 46
the publication of the proceedings of the
Parliament apply to and in relation to the
publication of the document as if it were a
document to which those sections applied and had
5 been published by the Government Printer under
the authority of the Parliament.
__________________
561248B.I-8/12/2009 48 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 6--Financing and Risk Management
s. 47
PART 6--FINANCING AND RISK MANAGEMENT
47 Powers of public bodies to borrow and invest
(1) A public body may, for the purpose of performing
its functions or exercising its powers--
5 (a) exercise any power conferred on the public
body by this section whether or not that
power is explicitly conferred on the public
body by the Act or instrument under which
the public body is constituted; and
10 (b) with the approval of the Governor in Council
on the recommendation of the Treasurer, do
anything necessary for, or incidental to, the
exercise of any power conferred on the
public body by this section.
15 (2) A public body may obtain financial
accommodation in the manner and to the extent
prescribed.
(3) A public body may enter into and perform
financial arrangements in the manner and to the
20 extent prescribed.
(4) A public body may invest money in the manner
and to the extent prescribed.
(5) Section 11AA of the Borrowing and Investment
Powers Act 1987 as in force immediately before
25 the commencement of this section continues to
have the same force and effect in respect of an
authority to which that section applied as if that
Act had not been repealed.
(6) Section 11AB of the Borrowing and Investment
30 Powers Act 1987 as in force immediately before
the commencement of this section continues to
have the same force and effect in respect of an
authority to which that section applied as if that
Act had not been repealed.
561248B.I-8/12/2009 49 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 6--Financing and Risk Management
s. 48
(7) Section 20A of the Borrowing and Investment
Powers Act 1987 as in force immediately before
the commencement of this section continues to
have the same force and effect in respect of an
5 authority to which that section applied as if that
Act had not been repealed.
48 Financial accommodation levy
(1) This section applies to a public authority within
the meaning of the Treasury Corporation of
10 Victoria Act 1992 which the Governor in Council
by Order published in the Government Gazette,
declares to be a public body to which this section
applies.
(2) A public body to which this section applies must
15 pay to the Treasurer for payment into the
Consolidated Fund a levy as determined by the
Treasurer--
(a) for each leviable period as determined by the
Treasurer; and
20 (b) in respect of the financial accommodation
provided to the public body or a part of that
financial accommodation as determined by
the Treasurer.
49 Treasurer may give indemnity
25 (1) This section is in addition to, and does not in any
way restrict or limit, and must not be taken to
restrict or limit, any other powers (whether under
an Act or otherwise) of the Treasurer or the State
to give, or authorise the giving of, indemnities.
30 (2) Despite anything to the contrary in any Act (other
than the Charter of Human Rights and
Responsibilities), the Treasurer may, on behalf of
the Government, give an indemnity on the terms
and conditions that the Treasurer determines--
561248B.I-8/12/2009 50 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 6--Financing and Risk Management
s. 49
(a) to a person against such liabilities as the
Treasurer determines, being liabilities that by
law may attach to the person as an officer, or
former officer, of a public body;
5 (b) to a public body against such liabilities as the
Treasurer determines, being liabilities that by
law may attach to the public body in carrying
out or purporting to carry out its functions
and powers;
10 (c) to the owner of goods that are lent for
temporary exhibition or are otherwise made
available for a limited period to the State or a
public body against such loss or damage to
the goods as the Treasurer determines.
15 (3) The Treasurer, as a condition of giving an
indemnity under this section, may require the
payment to the Treasurer of an amount determined
by the Treasurer for payment into the
Consolidated Fund.
20 (4) Any sum required by the Treasurer in fulfilling
any liability arising under an indemnity given by
the Treasurer under this section must be paid out
of the Consolidated Fund which is hereby to the
necessary extent appropriated accordingly.
25 (5) Any sum received or recovered by the Treasurer
from a person in respect of any sum paid by the
Treasurer under an indemnity given under this
section must be paid into the Consolidated Fund.
(6) Any indemnity given under Part 6A of the
30 Financial Management Act 1994 or in respect of
which a certificate has been given under
section 40G of that Act and which is still in effect
immediately before the repeal of Part 6A of the
Financial Management Act 1994 is deemed to
35 have been given under this section.
561248B.I-8/12/2009 51 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 6--Financing and Risk Management
s. 50
50 Treasurer may give guarantee
(1) This section is in addition to, and does not in any
way restrict or limit, and must not be taken to
restrict or limit, any other powers (whether under
5 an Act or otherwise) of the Treasurer or the State
to give, or authorise the giving of, guarantees.
(2) Despite anything to the contrary in any Act (other
than the Charter of Human Rights and
Responsibilities), the Treasurer may, on behalf of
10 the Government, give a State guarantee on the
terms and conditions that the Treasurer
determines.
(3) The Treasurer, as a condition of giving a State
guarantee under this section, may require the
15 payment to the Treasurer of an amount determined
by the Treasurer for payment into the
Consolidated Fund.
(4) Any sum required by the Treasurer in fulfilling
any liability arising under a State guarantee given
20 by the Treasurer under this section must be paid
out of the Consolidated Fund which is hereby to
the necessary extent appropriated accordingly.
(5) Any sum received or recovered by the Treasurer
from a person in respect of any sum paid by the
25 Treasurer under a State guarantee given under this
section must be paid into the Consolidated Fund.
51 Designated public body to pay dividend or capital
repayment
(1) A designated public body must pay to the State for
30 transfer to the Consolidated Fund--
(a) a dividend of an amount; and
561248B.I-8/12/2009 52 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 6--Financing and Risk Management
s. 51
(b) at the times and in the manner--
as is determined by the Treasurer after
consultation with the designated public body and
the Minister responsible for the designated public
5 body.
(2) A designated public body must pay to the State for
transfer to the Consolidated Fund--
(a) a capital repayment of an amount; and
(b) at the times and in the manner--
10 as is determined by the Treasurer after
consultation with the designated public body and
the Minister responsible for the designated public
body.
(3) The Governor in Council may on the
15 recommendation of the Treasurer, by Order
published in the Government Gazette, declare a
public body to be a designated public body for the
purposes of subsection (1) or (2).
(4) In this section, designated public body means a
20 public body specified in an Order in Council
under subsection (3) but does not include--
(a) the Transport Accident Commission;
(b) the Victorian Managed Insurance Authority;
(c) the Victorian WorkCover Authority.
__________________
561248B.I-8/12/2009 53 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 7--General
s. 52
PART 7--GENERAL
52 Fee units and penalty units
(1) The value of a fee unit is the amount fixed with
respect to a financial year by the Treasurer by
5 notice published in the Government Gazette.
(2) The value of a penalty unit is the amount fixed
with respect to a financial year by the Treasurer
by notice published in the Government Gazette.
(3) The Treasurer may, by notice published in the
10 Government Gazette, fix once each financial year
the amounts referred to in subsections (1) and (2).
(4) The Treasurer is to fix before 1 March in each
year an amount to be known as the annual rate by
which the amount of a fee unit or penalty unit is to
15 be adjusted for the next financial year.
(5) If the Treasurer does not fix an annual rate under
subsection (4) for a financial year, the annual rate
that was determined for the previous financial
year is to be the rate by which the amount of a fee
20 unit or penalty unit is to be adjusted for the
financial year.
(6) The value of a fee unit fixed by the Treasurer that
is to apply in respect of a financial year must not
exceed the amount that is the product of the value
25 of the fee unit in the previous financial year
multiplied by the annual rate for the financial year
in which the fee unit is to apply rounded to the
nearest cent.
(7) The value of a penalty unit fixed by the Treasurer
30 that is to apply in respect of a financial year must
not exceed the amount that is the product of the
value of the penalty unit in the previous financial
year multiplied by the annual rate for the financial
561248B.I-8/12/2009 54 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 7--General
s. 52
year in which the penalty is to apply rounded to
the nearest cent.
(8) Before 1 June in each year the Treasurer must
publish in the Government Gazette and in a
5 newspaper circulating generally throughout
Victoria notice of--
(a) the value of the fee unit that is to apply for
the financial year commencing on 1 July in
that year; and
10 (b) the value of the penalty unit that is to apply
for the financial year commencing on 1 July
in that year.
(9) The Minister responsible for administering an Act
or a statutory rule that provides for fees or
15 penalties by fee units or penalty units must take
reasonable steps to ensure that notice of the
monetary amounts of those fees and penalties
calculated in accordance with section 39D of the
Interpretation of Legislation Act 1984 are
20 notified to the public generally or to the sector of
the public likely to be affected by the fee or
penalty.
(10) For the purposes of this section--
fee includes charge or other amount;
25 fee unit has the meaning given by section 39C of
the Interpretation of Legislation Act 1984;
penalty means a fine or other monetary penalty
and includes an amount payable under an
Act or statutory rule in respect of an offence
30 for which an infringement notice can be
issued under the Act;
penalty unit has the same meaning as in
section 110 of the Sentencing Act 1991;
statutory rule has the same meaning as in the
35 Subordinate Legislation Act 1994.
561248B.I-8/12/2009 55 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 7--General
s. 53
53 Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) financial governance and oversight,
5 including risk management and internal
audit;
(b) the borrowing and investment powers of
public bodies;
(c) the form, issue, rights, sale and transfer of
10 securities issued under this Act in Australia;
(d) structures, systems and procedures in
Departments and public bodies to ensure
proper financial management;
(e) the administration of the Public Account;
15 (f) planning and monitoring of performance;
(g) reporting, including the form and content of
reports and statements required under this
Act, and information required for the
purposes of this Act;
20 (h) generally the provision of information which
the Minister or the relevant Minister may
require the chief finance officer or the
accountable officer to provide;
(i) the publication of documents and
25 information for the purposes of this Act;
(j) policies, systems and procedures to support,
facilitate and audit compliance by
Departments and public bodies with this Act;
(k) reporting by Departments and public bodies
30 of any failure to comply with this Act, the
regulations or the directions and the taking of
any corrective action or any preventative
action to prevent any further failure;
561248B.I-8/12/2009 56 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 7--General
s. 53
(l) the manner in which accountable officers
and chief finance officers are to be
designated for the purposes of this Act;
(m) registers of assets and risk management
5 strategies relating to the management of
assets;
(n) managing and disposing of the assets and
liabilities of the State or of a public body and
the recording of, and accounting for, those
10 assets and liabilities;
(o) writing off a loss or deficiency or an amount
of revenue or a debt;
(p) the method of dealing with and accounting
for securities coming into the possession of
15 an accountable officer or other person;
(q) policies, systems, procedures and practices
for the purchase and supply of goods and
services for or on behalf of the State or
public bodies in accordance with the
20 procurement principles;
(r) procedures and processes for recovering
from an employee within the meaning of the
Public Administration Act 2004--
(i) any overpayment of money paid to the
25 employee in the form of salary or
wages; or
(ii) an amount equal to a loss or deficiency
in public money or the loss or
destruction of or damage to other
30 property of the State caused by the
misconduct of the employee or by the
employee performing any duties in a
grossly negligent manner;
(s) prescribing forms for the purposes of this
35 Act or the regulations;
561248B.I-8/12/2009 57 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 7--General
s. 53
(t) generally prescribing any other matter or
thing required or permitted by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
5 (2) For the avoidance of doubt, the power to make
regulations under subsection (1) extends to
regulations with respect to money in a Trust
Account in the Trust Fund that is established by or
under another Act.
10 (3) Information that may be required by regulations
made under subsection (1)(g) may extend to
previous financial years and to proposals and
forecasts for future years.
(4) The regulations--
15 (a) may be of general or specially limited
application;
(b) may differ according to differences in time,
place or circumstance;
(c) may leave any matter or thing to be from
20 time to time determined, applied, dispensed
with or regulated by a specified person or
class of person;
(d) may provide in a specified case or class of
case for the exemption of persons or things
25 or a class of persons or things from any of
the provisions of the regulations, whether
unconditionally or on specified conditions
and either wholly or to the extent specified;
(e) may confer powers or impose duties in
30 connection with the regulations on any
specified person or specified class of
persons;
561248B.I-8/12/2009 58 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 7--General
s. 53
(f) may apply, adopt or incorporate with or
without modification, any matter contained
in any document, code, standard, rule,
specification or method formulated, issued,
5 prescribed or published by any person--
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
10 made or at any time before then; or
(iii) as formulated, issued, prescribed or
published from time to time;
(g) may impose a penalty not exceeding
5 penalty units for a contravention of the
15 regulations.
__________________
561248B.I-8/12/2009 59 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 54
PART 8--TRANSITIONAL AND CONSEQUENTIAL
Division 1--Repeals and consequential amendments
54 Repeal of Borrowing and Investment Powers
Act 1987
5 (1) The Borrowing and Investment Powers Act
1987 is repealed.
(2) Except as in this Act expressly or by necessary
implication provided, all persons, things and
circumstances authorised, appointed or created by
10 or under the Borrowing and Investment Powers
Act 1987 or existing or continuing under that Act
immediately before the commencement of this
section continue under and subject to this Act to
have the same status, operation and effect as they
15 respectively would have had if that Act had not
been so repealed.
(3) On and after the commencement of this section,
any reference in any Act (other than this Act),
regulation, subordinate instrument or other
20 document whatsoever to the Borrowing and
Investment Powers Act 1987 is to be construed
as a reference to this Act, unless the contrary
intention appears.
(4) On and after the commencement of this section,
25 any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to any regulations made
under the Borrowing and Investment Powers
Act 1987 is to be construed as a reference to the
30 regulations made under this Act, unless the
contrary intention appears.
(5) An Act specified in the heading to an item in
Schedule 2 is amended, on the commencement of
this subsection, as set out in that item.
561248B.I-8/12/2009 60 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 55
(6) Except as in this Act expressly or by necessary
implication provided, all persons, things and
circumstances authorised, appointed or created by
or under an Act specified in Schedule 2 or existing
5 or continuing under that Act immediately before
the commencement of this section continue under
and subject to this Act to have the same status,
operation and effect as they respectively would
have had if that Act had not been so amended.
10 (7) Nothing in this section limits or otherwise affects
the operation of the Interpretation of Legislation
Act 1984.
55 Repeal of Parts of Financial Management Act 1994
(1) Parts 5, 6A, 6B, 6C, 7, 7A, 7B, 8 and 9 of the
15 Financial Management Act 1994 are repealed.
(2) Except as in this Act expressly or by necessary
implication provided, all persons, things and
circumstances authorised, appointed or created by
or under the Financial Management Act 1994 or
20 existing or continuing under that Act immediately
before the commencement of this section continue
under and subject to this Act to have the same
status, operation and effect as they respectively
would have had if that Act had not been amended
25 by this section.
(3) Without limiting the generality of subsection (2),
the repeal of section 64 of the Financial
Management Act 1994 does not affect any
obligation under the Mint Act 1958 to pay an
30 amount to Her Majesty in England which was
continued by that section and any obligation
continues to apply as if that section had not been
repealed.
561248B.I-8/12/2009 61 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 56
(4) On and after the commencement of this section,
any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to a provision of the
5 Financial Management Act 1994 which is
repealed by this section is to be construed as a
reference to the corresponding provision in this
Act, unless the contrary intention appears.
(5) An Act specified in the heading to an item in
10 Schedule 3 is amended, on the commencement of
this section, as set out in that item.
(6) Except as in this Act expressly or by necessary
implication provided, all persons, things and
circumstances authorised, appointed or created by
15 or under an Act specified in Schedule 3 or existing
or continuing under that Act immediately before
the commencement of this section continue under
and subject to this Act to have the same status,
operation and effect as they respectively would
20 have had if that Act had not been amended as set
out in that Schedule.
(7) Nothing in this section limits or otherwise affects
the operation of the Interpretation of Legislation
Act 1984.
25 56 Repeal of Financial Management Act 1994
(1) The Financial Management Act 1994 is
repealed.
(2) Except as in this Act expressly or by necessary
implication provided, all persons, things and
30 circumstances authorised, appointed or created by
or under the Financial Management Act 1994 or
existing or continuing under that Act immediately
before the commencement of this section continue
under and subject to this Act to have the same
35 status, operation and effect as they respectively
would have had if that Act had not been repealed.
561248B.I-8/12/2009 62 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 56
(3) Money held in the Consolidated Fund as at 1 July
2011 which has been appropriated under section 6
of an Annual Appropriation Act is to be paid into
the relevant Departmental working account in the
5 manner determined by the Minister.
(4) On and after the commencement of this section,
any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to the Financial
10 Management Act 1994 is to be construed as a
reference to this Act, unless the contrary intention
appears.
(5) An Act specified in the heading to an item in
Schedule 4 is amended, on the commencement of
15 this section, as set out in that item.
(6) On and after the commencement of this section,
any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to any regulations made
20 under the Financial Management Act 1994 is to
be construed as a reference to the regulations
made under this Act, unless the contrary intention
appears.
(7) Except as in this Act expressly or by necessary
25 implication provided, all persons, things and
circumstances authorised, appointed or created by
or under an Act specified in Schedule 4 or existing
or continuing under that Act immediately before
the commencement of this section continue under
30 and subject to this Act to have the same status,
operation and effect as they respectively would
have had if that Act had not been amended as set
out in that Schedule.
(8) Nothing in this section limits or otherwise affects
35 the operation of the Interpretation of Legislation
Act 1984.
561248B.I-8/12/2009 63 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 57
57 Repeal of the Monetary Units Act 2004
(1) The Monetary Units Act 2004 is repealed.
(2) Except as in this Act expressly or by necessary
implication provided, all persons, things and
5 circumstances authorised, appointed or created by
or under the Monetary Units Act 2004 or
existing or continuing under that Act immediately
before the commencement of this section continue
under and subject to this Act to have the same
10 status, operation and effect as they respectively
would have had if that Act had not been so
repealed.
(3) On and after the commencement of this section,
any reference in any Act (other than this Act),
15 regulation, subordinate instrument or other
document whatsoever to the Monetary Units Act
2004 is to be construed as a reference to this Act,
unless the contrary intention appears.
(4) On and after the commencement of this section,
20 any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to any regulations made
under the Monetary Units Act 2004 is to be
construed as a reference to the regulations made
25 under this Act, unless the contrary intention
appears.
(5) An Act specified in the heading to an item in
Schedule 5 is amended, on the commencement of
this section, as set out in that item.
30 (6) Nothing in this section limits or otherwise affects
the operation of the Interpretation of Legislation
Act 1984.
561248B.I-8/12/2009 64 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 58
58 Repeal of Public Authorities (Dividends) Act 1983
(1) The Public Authorities (Dividends) Act 1983 is
repealed.
(2) Except as in this Act expressly or by necessary
5 implication provided, all persons, things and
circumstances authorised, appointed or created by
or under the Public Authorities (Dividends) Act
1983 or existing or continuing under that Act
immediately before the commencement of this
10 section continue under and subject to this Act to
have the same status, operation and effect as they
respectively would have had if that Act had not
been so repealed.
(3) On and after the commencement of this section,
15 any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to the Public Authorities
(Dividends) Act 1983 is to be construed as a
reference to this Act, unless the contrary intention
20 appears.
(4) On and after the commencement of this section,
any reference in any Act (other than this Act),
regulation, subordinate instrument or other
document whatsoever to any regulations made
25 under the Public Authorities (Dividends) Act
1983 is to be construed as a reference to the
regulations made under this Act, unless the
contrary intention appears.
(5) An Act specified in the heading to an item in
30 Schedule 6 is amended, on the commencement of
this section, as set out in that item.
(6) Except as in this Act expressly or by necessary
implication provided, all persons, things and
circumstances authorised, appointed or created by
35 or under an Act specified in Schedule 6 or existing
or continuing under that Act immediately before
561248B.I-8/12/2009 65 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 59
the commencement of this section continue under
and subject to this Act to have the same status,
operation and effect as they respectively would
have had if that Act had not been amended as set
5 out in that Schedule.
(7) Nothing in this section limits or otherwise affects
the operation of the Interpretation of Legislation
Act 1984.
59 Repeal of section 4 of the Administrative
10 Arrangements Act 1983
Section 4 of the Administrative Arrangements
Act 1983 is repealed.
60 Repeal of sections 93 and 94(2) of the Constitution
Act 1975
15 Sections 93 and 94(2) of the Constitution Act
1975 are repealed.
61 Transitional regulations
(1) The Governor in Council may make regulations
containing provisions of a savings or transitional
20 nature consequent on the enactment of this Act.
(2) A provision mentioned in subsection (1) may be
retrospective in operation to--
(a) the commencement of section 54 if it relates
to a matter under the Borrowing and
25 Investment Powers Act 1987 or under an
Act specified in Schedule 2; or
(b) the commencement of section 55 if it relates
to a matter under the Financial
Management Act 1994 or under an Act
30 specified in Schedule 3; or
(c) the commencement of section 57 if it relates
to a matter under the Monetary Units Act
2004 or under an Act specified in
Schedule 5; or
561248B.I-8/12/2009 66 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 62
(d) the commencement of section 58 if it relates
to a matter under the Public Authorities
(Dividends) Act 1983 or under an Act
specified in Schedule 6.
5 (3) Regulations made under this section have effect
despite anything to the contrary in any Act (other
than this Act or the Charter of Human Rights and
Responsibilities) or in any subordinate instrument.
(4) This section expires on 1 July 2012.
10 Division 2--Amendments to the Treasury Corporation of
Victoria Act 1992
62 Amendment of section 3--Definitions
In section 3 of the Treasury Corporation of
Victoria Act 1992--
15 (a) in the definitions of arrangement, financial
accommodation and financial arrangement
for "the Borrowing and Investment Powers
Act 1987" substitute "section 3(1) of the
Public Finance and Accountability Act
20 2009";
(b) for the definition of lease substitute--
"lease means--
(a) any lease, licence, charter or
hiring agreement of any real or
25 personal property; or
(b) any arrangement under which a
right to use, operate, manage or
provide services in respect of any
real or personal property is
30 granted by the owner to another
person;";
561248B.I-8/12/2009 67 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 63
(c) in the definition of public authority, after
paragraph (h) insert--
"(i) any other body which is a public body
within the meaning of section 4 of the
5 Public Finance and Accountability
Act 2009;";
(d) insert the following definitions--
"Australia means the Commonwealth of
Australia and includes the territories of
10 the Commonwealth;
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
15 description;".
63 Amendment of section 9--Powers
Section 9(1)(a) of the Treasury Corporation of
Victoria Act 1992 is repealed.
64 New section 9A inserted--Borrowing and
20 investment powers
After section 9 of the Treasury Corporation of
Victoria Act 1992 insert--
"9A Borrowing and investment powers
Without limiting the generality of section 9,
25 the Corporation has the following powers--
(a) with the approval of the Treasurer,
obtain a financial benefit or assistance
by way of overdraft of account at an
ADI;
30 (b) with the approval of the Treasurer,
obtain financial accommodation within
or outside Australia;
561248B.I-8/12/2009 68 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 64
(c) with the approval of the Treasurer,
enter into and perform financial
arrangements;
(d) with the approval of the Governor in
5 Council on the recommendation of the
Treasurer, invest any money of the
Corporation;
(e) with the approval of the Governor in
Council on the recommendation of the
10 Treasurer, exercise any power in
relation to investments that a natural
person may exercise and, without
limiting the generality of the
foregoing--
15 (i) sell, barter, exchange or otherwise
dispose of or get in any of its
investments; and
(ii) vary or transpose any of its
investments for other investments
20 in which it is authorised to invest;
(f) with the approval of the Treasurer,
underwrite or sub-underwrite the issue
by a body corporate or unincorporate of
any shares, units in a unit trust or
25 securities in which the Corporation is
authorised to invest;
(g) with the approval of the Treasurer,
assume obligations and rights under or
in connection with financial
30 accommodation obtained by another
person and any security for that
financial accommodation.".
561248B.I-8/12/2009 69 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 65
65 New Part 3C inserted--Statutory Guarantees
After Part 3B of the Treasury Corporation of
Victoria Act 1992 insert--
"PART 3C--STATUTORY GUARANTEES
5 36P Statutory guarantee
(1) This section applies in relation to--
(a) the provision to a public body of
financial accommodation in accordance
with the Public Finance and
10 Accountability Act 2009;
(b) a public body entering into and
performing financial arrangements in
accordance with the Public Finance
and Accountability Act 2009;
15 (c) the provision of guarantees of
obligations and rights assumed by a
public body under or in connection with
financial accommodation obtained by
another person and any security for that
20 financial accommodation.
(2) The due satisfaction of amounts payable by a
public body as a result of or in connection
with anything referred to in subsection
(1)(a), (1)(b) or (1)(c) including, without
25 limiting the generality of the foregoing, the
payment of expenses of enforcing or
obtaining or endeavoring to enforce or obtain
such satisfaction is guaranteed by the
Government.
30 (3) Any sums required by the Treasurer in
fulfilling any liability arising under a
guarantee by or on behalf of the Government
provided by this section must be paid out of
561248B.I-8/12/2009 70 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 66
the Consolidated Fund which is hereby to the
necessary extent appropriated accordingly.
(4) Any sums received or recovered by the
Treasurer from a public body or otherwise in
5 respect of any sums paid by the Treasurer
under a guarantee must be paid into the
Consolidated Fund.
(5) The whole or any part of the benefit of a
guarantee under this section may be assigned
10 by the person entitled to the benefit for the
time being.
(6) A guarantee under this section has effect and
may be enforced as if the guarantee were a
contract made on behalf of the Crown and
15 section 23(1)(a) of the Crown Proceedings
Act 1958 applied accordingly.
__________________".
66 Amendment of section 44--Regulations
After section 44(1)(a) of the Treasury
20 Corporation of Victoria Act 1992 insert--
"(aa) the form of securities issued under this Act
in Australia;
(ab) the issue of securities under this Act in
Australia;
25 (ac) the rights to securities issued under this Act
in Australia;
(ad) the keeping of registers of securities issued
under this Act in Australia;
(ae) the sale and transfer of securities issued
30 under this Act in Australia;
(af) the assumption of obligations and rights
under or in connection with financial
accommodation;".
561248B.I-8/12/2009 71 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 67
Division 3--Amendments to the Victorian Funds
Management Corporation Act 1994
67 Amendment of section 3--Definitions
In section 3 of the Victorian Funds Management
5 Corporation Act 1994--
(a) in the definition of public authority--
(i) in paragraph (j) for "Trust." substitute
"Trust;";
(ii) after paragraph (j) insert--
10 "(k) any other body which is a public
body within the meaning of
section 4 of the Public Finance
and Accountability Act 2009.";
(b) insert the following definitions--
15 "financial accommodation has the same
meaning as it has in section 3(1) of the
Public Finance and Accountability
Act 2009;
financial arrangement has the same
20 meaning as it has in section 3(1) of the
Public Finance and Accountability
Act 2009;
invest has the same meaning as it has in
section 3(1) of the Public Finance and
25 Accountability Act 2009;".
68 Amendment of section 9--Powers
(1) In section 9(1) of the Victorian Funds
Management Corporation Act 1994 after
"performing its functions" insert "with respect to
30 money held on behalf of participating authorities
and in accordance with the powers of investment
conferred on participating authorities under the
Public Finance and Accountability Act 2009".
561248B.I-8/12/2009 72 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 69
(2) In section 9(1)(b) of the Victorian Funds
Management Corporation Act 1994 for "in a
trust" substitute "or other interests in a trust
including any trust established by the Corporation
5 or of which the Corporation is trustee or
manager".
(3) Section 9(1)(c) of the Victorian Funds
Management Corporation Act 1994 is repealed.
(4) In section 9(1)(d) of the Victorian Funds
10 Management Corporation Act 1994 omit "for
use by the Corporation".
(5) In section 9(1)(e) of the Victorian Funds
Management Corporation Act 1994 omit "held
by the Corporation".
15 69 Section 35 substituted
For section 35 of the Victorian Funds
Management Corporation Act 1994
substitute--
"35 Borrowing and investment powers
20 The Corporation may--
(a) obtain financial accommodation and
enter into and perform financial
arrangements for the Corporation
subject to and in accordance with the
25 Public Finance and Accountability
Act 2009;
(b) invest money of the Corporation in
accordance with the powers conferred
on it under the Public Finance and
30 Accountability Act 2009;
(c) acquire real or personal property for use
by the Corporation;
(d) sell, mortgage or grant a lease of
property held by the Corporation.".
561248B.I-8/12/2009 73 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 70
70 Section 38 repealed
Section 38 of the Victorian Funds Management
Corporation Act 1994 is repealed.
71 Part 6 repealed
5 Part 6 of the Victorian Funds Management
Corporation Act 1994 is repealed.
Division 4--Amendments to other Acts
72 Amendment of Electoral Act 2002
After section 19 of the Electoral Act 2002
10 insert--
"19A Annual report to Parliament
(1) The Commission must make a report to
Parliament on the performance of the
functions of the Commission during each
15 financial year.
(2) Nothing in this section limits the function of
the Commission under section 8 to report to
each House of the Parliament.
19B Transmission of annual report to
20 Parliament
(1) The Commission must cause a report under
section 19A to be transmitted to each House
of the Parliament as soon as practicable after
the end of the financial year to which it
25 relates.
(2) The clerk of each House of the Parliament
must cause the report to be laid before the
House of the Parliament on the day on which
it is received or on the next sitting day of that
30 House of the Parliament.
561248B.I-8/12/2009 74 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 72
(3) If the Commission proposes to transmit a
report to Parliament on a day on which
neither House of the Parliament is actually
sitting, the Commission must--
5 (a) give one business day's notice of
intention to do so to the clerk of each
House of the Parliament; and
(b) give the report to the clerk of each
House of the Parliament on the day
10 indicated in the notice; and
(c) publish the report on the Commission's
Internet website as soon as practicable
after giving it to the clerks.
(4) The clerk of each House of the Parliament
15 must--
(a) notify each member of the House of the
Parliament of the receipt of a notice
under subsection (3)(a) on the same day
that the clerk receives that notice; and
20 (b) give a copy of a report to each member
of the House of the Parliament as soon
as practicable after the report is
received under subsection (3)(b); and
(c) cause the report to be laid before the
25 House of the Parliament on the next
sitting day of the House of the
Parliament.
(5) A report that is given to the clerks under
subsection (3)(b) is taken to have been
30 published by order, or under the authority, of
the Houses of the Parliament.
(6) The publication of a report by the
Commission under subsection (3)(c) is
absolutely privileged and the provisions of
35 sections 73 and 74 of the Constitution Act
561248B.I-8/12/2009 75 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 73
1975 and any other enactment or rule of law
relating to the publication of the proceedings
of the Parliament apply to and in relation to
the publication of the report as if it were a
5 report to which those sections applied and
had been published by the Government
Printer under the authority of the
Parliament.".
73 Transitional amendment to Financial Management
10 Act 1994
(1) In section 46(1) of the Financial Management
Act 1994--
(a) for "laid before" substitute "transmitted to";
(b) omit "or on the first sitting day of the House
15 after the end of that month".
(2) After section 46(3) of the Financial Management
Act 1994 insert--
"(3A) If the Minister proposes to transmit a report
of operations and financial statements to the
20 Parliament on a day on which neither House
of the Parliament is actually sitting, the
Minister must--
(a) give one business day's notice of his or
her intention to do so to the clerk of
25 each House of the Parliament; and
(b) give the report of operations and
financial statements to the clerk of each
House on the day indicated in the
notice; and
30 (c) publish the report of operations and
financial statements on a Government
Internet website as soon as practicable
after giving it to the clerks.
561248B.I-8/12/2009 76 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 73
(3B) The clerk of each House must--
(a) notify each member of the House of the
receipt of a notice under subsection
(3A)(a) on the same day that the clerk
5 receives that notice; and
(b) give a copy of the report of operations
and financial statements to each
member of the House as soon as
practicable after the report of
10 operations and financial statements is
received under subsection (3A)(b); and
(c) cause the report of operations and
financial statements to be laid before
the House on the next sitting day of the
15 House.
(3C) A report of operations and financial
statements that is given to the clerks under
subsection (3A)(b) is taken to have been
published by order, or under the authority, of
20 the Houses of the Parliament.
(3D) The publication of a report of operations and
financial statements by the Minister under
subsection (3A)(c) is absolutely privileged
and the provisions of sections 73 and 74 of
25 the Constitution Act 1975 and any other
enactment or rule of law relating to the
publication of the proceedings of the
Parliament apply to and in relation to the
publication of the document as if it were a
30 document to which those sections applied
and had been published by the Government
Printer under the authority of the
Parliament.".
561248B.I-8/12/2009 77 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 74
74 Amendment of Interpretation of Legislation
Act 1984
After section 39B of the Interpretation of
Legislation Act 1984 insert--
5 "39C Meaning of fee unit
If in an Act or statutory rule there is a
statement of a number (whether whole,
fractional or decimal) of what are called fee
units, that statement must, unless the context
10 otherwise requires, be construed as stating a
number of dollars equal to the product
obtained by multiplying the number of fee
units by the amount fixed from time to time
by the Treasurer under section 52(3) of the
15 Public Finance and Accountability
Act 2009.
39D Calculation of a fee or penalty
(1) The amount of a fee provided for by an Act
or a statutory rule by a fee unit is to be
20 calculated by multiplying the number of fee
units applicable by the value of a fee unit
fixed under section 52(3) of the Public
Finance and Accountability Act 2009.
(2) The amount of a penalty provided for by an
25 Act or statutory rule by a penalty unit is to be
calculated by multiplying the number of
penalty units applicable by the value of a
penalty unit fixed under section 52(3) of the
Public Finance and Accountability
30 Act 2009.
(3) The amount of a fee calculated under this
section may be rounded to the nearest
10 cents.
561248B.I-8/12/2009 78 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 75
(4) The amount of a penalty calculated under
this section may be rounded to the nearest
dollar.
39E Certain monetary amounts to be
5 construed in fee units or penalty units
(1) A provision in an Act authorising the
Governor in Council to make a statutory rule
that prescribes, fixes or charges a fee
(however expressed) may be construed as
10 authorising the Governor in Council to make
a statutory rule to prescribe, fix or charge
that fee by reference to a fee unit unless the
amount to be prescribed, fixed or charged
would be less than the value of one fee unit
15 fixed in accordance with this Act.
(2) A provision in an Act authorising the
Governor in Council to make a statutory rule
that prescribes a penalty for an offence
against the statutory rule (however
20 expressed) may be construed as authorising
the Governor in Council to make a statutory
rule to prescribe that penalty by reference to
a penalty unit.".
75 Amendment of Land Act 1958
25 After Part VIII of the Land Act 1958 insert--
"PART VIIIA--ACQUISITION, LEASING AND
LICENSING OF LAND AND PREMISES
338A Minister may acquire land
(1) The Minister may purchase by agreement or
30 compulsorily acquire any land required for
the construction, completion or extension of
any public works or for any related purpose.
561248B.I-8/12/2009 79 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 75
(2) The Land Acquisition and Compensation
Act 1986 applies to this Act and for that
purpose--
(a) the Land Act 1958 is the special Act;
5 (b) the Minister is the Authority.
338B Minister may lease land or premises for
other Ministers
In addition to all other powers of the
Minister, the Minister may take on lease, on
10 any terms and conditions the Minister thinks
fit, any land or premises required for the
purposes of any Department or Minister.
338C Licensing and leasing of surplus Crown
land and buildings
15 (1) The Minister may grant any person a lease
over, or a licence to enter and use--
(a) any Crown land; or
(b) any building or other structure, or part
of a building or structure, on Crown
20 land--
that is not required for the purposes of a
Department or a Minister or any other public
purpose.
(2) A lease or licence may be granted under this
25 section on any terms and conditions the
Minister thinks fit.
(3) This section applies despite anything to the
contrary in this Act.
__________________".
561248B.I-8/12/2009 80 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 76
76 Amendment of Property Law Act 1958
After Part VIII of the Property Law Act 1958
insert--
"PART IX--UNCLAIMED PROPERTY
5 303 Unclaimed property
(1) If the Crown is entitled to any property
whether real or personal as unclaimed
property (otherwise than by reason of the
Unclaimed Money Act 2008), the Minister
10 on behalf of the Crown may, subject to and
in accordance with subsection (3), grant,
convey, transfer, assign or deliver that
property on such terms as the Minister thinks
fit.
15 (2) If any money or the proceeds of the
realisation of any property has been paid into
the Consolidated Fund as unclaimed
property, the Minister may, subject to and in
accordance with subsection (3), authorise the
20 payment of the whole or any part of the
money out of the Consolidated Fund (which
is to the necessary extent appropriated
accordingly).
(3) A grant, conveyance, transfer, assignment,
25 delivery or payment of property under this
section may be made by the Minister--
(a) if the Crown became entitled to the
property as the result of the death of
any person--
30 (i) to any person whether related to
the deceased or not who was
dependent upon the deceased; or
561248B.I-8/12/2009 81 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Part 8--Transitional and Consequential
s. 77
(ii) to any person for whom in the
opinion of the Minister the
deceased might reasonably have
been expected to make provision;
5 and
(b) in any other case to any person who in
the opinion of the Minister has a just
claim in relation to that property or
money.
10 __________________".
77 Amendment of Subordinate Legislation Act 1994
After section 27 of the Subordinate Legislation
Act 1994 insert--
"27A Fixing of fee units and penalty units
15 Nothing in this Act applies to the fixing of a
fee unit, penalty unit or annual rate in
accordance with section 52 of the Public
Finance and Accountability Act 2009.".
78 Amendment of Unclaimed Money Act 2008
20 In section 3(1) of the Unclaimed Money Act
2008, in paragraph (a) of the definition of proper
officer, after "Prothonotary" insert "or Senior
Master".
Division 5--Repeal of amending provisions
25 79 Repeal of amending provisions
Divisions 2, 3 and 4 and Schedules 2, 3, 4, 5 and 6
are repealed on 1 July 2012.
Note
The repeal of Divisions 2, 3 and 4 and Schedules 2, 3, 4, 5 and 6
30 does not affect the operation of the amendments made by those
sections (see section 15(1) of the Interpretation of Legislation
Act 1984).
__________________
561248B.I-8/12/2009 82 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 1
SCHEDULES
SCHEDULE 1
PROVISIONS APPLYING IN RESPECT OF THE STATE
PROCUREMENT BOARD
5 1 Membership of Board and terms of office
(1) The Board consists of a chairperson and not less
than 6 other members appointed by the Governor
in Council.
(2) A member of the Board holds office for the term,
10 not exceeding 3 years, which is specified in the
instrument of appointment and is eligible for
re-appointment.
(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect
15 of the office of member.
(4) The chairperson and other members of the Board
in office immediately before the commencement
of section 15 continue in office, subject to this
Act, for the remainder of their term of office.
20 2 Payment of members
(1) A member of the Board, other than a member who
is an employee in the public service within the
meaning of the Public Administration Act 2004,
is entitled to receive the fees that are fixed from
25 time to time by the Governor in Council.
(2) A member of the Board is entitled to receive the
allowances that are fixed from time to time by the
Governor in Council.
561248B.I-8/12/2009 83 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 1
3 Procedure of Board
(1) The chairperson of the Board, or in his or her
absence a member elected by the members
present, must preside at a meeting of the Board.
5 (2) The quorum of the Board is 4 members.
(3) The person presiding at a meeting of the Board
has a deliberative vote only and if voting is equal
the motion is lost.
(4) Subject to this schedule, the Board may regulate
10 its own proceedings.
4 Validity of Board decisions
An act or decision of the Board is not invalid by
reason only--
(a) of a vacancy in its membership; or
15 (b) of a defect or irregularity in the appointment
of any member.
5 Members' pecuniary interests
(1) A member who has a pecuniary interest in a
matter being considered or about to be considered
20 by the Board must, as soon as practicable after the
relevant facts have come to his or her knowledge,
declare the nature of the interest at a meeting of
the Board.
Penalty: 5 penalty units.
25 (2) The person presiding at a meeting at which a
declaration is made must cause a record of the
declaration to be made in the minutes of the
meeting.
(3) After a declaration is made--
30 (a) unless the Board directs otherwise, the
member must not be present during any
deliberations on the matter; and
561248B.I-8/12/2009 84 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 1
(b) the member is not entitled to vote on the
matter; and
(c) if the member does vote, the vote must be
disallowed.
5 (4) For the purposes of this clause, a member is not to
be regarded as having a pecuniary interest in a
contract or arrangement only because that contract
or arrangement may benefit--
(a) a Department or public body in which the
10 member is employed or of which he or she is
a member;
(b) a company or other body in which the
member has a beneficial interest that does
not exceed 1% of the total nominal value of
15 beneficial interests in that company or body.
6 Improper use of information
A person who is, or has been, a member of the
Board must not make improper use of any
information acquired in the course of his or her
20 duties to obtain directly or indirectly any
pecuniary or other advantage for himself or
herself or for any other person.
Penalty: 5 penalty units.
7 Delegation
25 The Board may delegate in writing to a member of
the Board any of its powers except this power of
delegation.
8 Minister's directions
(1) The Minister may give directions in writing to the
30 Board in relation to any of its functions or powers.
(2) A copy of any direction must be included in the
Board's annual report under clause 9.
561248B.I-8/12/2009 85 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 1
(3) The Board must comply with directions of the
Minister.
9 Annual report
(1) The Board must submit a report on an annual
5 basis to the Minister relating to the Board's
operations, activities and performance.
(2) The report must also contain any information
specifically requested by the Minister.
(3) The Minister must cause the report of the Board to
10 be transmitted to each House of Parliament by
30 September each year.
__________________
561248B.I-8/12/2009 86 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
SCHEDULE 2
CONSEQUENTIAL AMENDMENTS RELATING TO
BORROWING AND INVESTMENT POWERS
1 Aboriginal Lands Act 1970
5 Sections 11(1)(d) and 11(1)(e) are repealed.
2 Accident Compensation Act 1985
2.1 In section 32(6) for "Borrowing and Investment
Powers Act 1987" substitute "Public Finance
and Accountability Act 2009".
10 2.2 Section 33 is repealed.
3 Agricultural Industry Development Act 1990
Sections 40 and 41 are repealed.
4 Ambulance Services Act 1986
Sections 43 and 44 are repealed.
15 5 Architects Act 1991
Section 59(2) is repealed.
6 Assisted Reproductive Treatment Act 2008
Section 116 is repealed.
7 Australian Grands Prix Act 1994
20 Sections 21(3) and 24 are repealed.
8 Building Act 1993
Sections 200(8) and 221ZZZR(4) are repealed.
9 Cancer Act 1958
9.1 Section 5(2)(ba) is repealed.
561248B.I-8/12/2009 87 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
9.2 After section 5(3) insert--
"(4) The exercise of the powers specified in
subsection (2) in relation to--
(a) entering a financial arrangement; or
5 (b) obtaining financial accommodation; or
(c) borrowing--
is subject to any regulations or directions
made for the purposes of section 47 of the
Public Finance and Accountability Act
10 2009.".
9.3 In section 27--
(a) in subsection (1) for "or upon fixed deposit
with any authorised deposit-taking institution
within the meaning of the Banking Act 1959
15 of the Commonwealth" substitute "and in
accordance with the Public Finance and
Accountability Act 2009.".
(b) in the proviso to subsection (1), paragraphs
(a) and (b) are repealed;
20 (c) subsection (3) is repealed.
10 Cemeteries and Crematoria Act 2003
Sections 15(1)(f), 45 and 46 are repealed.
11 Commonwealth Games Arrangements Act 2001
Section 46 is repealed.
25 12 Corrections Act 1986
In section 8B(1) for "Borrowing and Investment
Powers Act 1987" substitute "Public Finance
and Accountability Act 2009".
13 Council of Law Reporting in Victoria Act 1967
30 Section 12 is repealed.
561248B.I-8/12/2009 88 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
14 Country Fire Authority Act 1958
Sections 82, 82A and 84A are repealed.
15 Crown Land (Reserves) Act 1978
15.1 Section 14C is repealed.
5 15.2 For section 14E substitute--
"14E Power conferred by section 14D
additional to other powers
The power conferred on incorporated
committees by section 14D is additional to
10 the powers conferred on committees of
management (not being bodies corporate) by
the other provisions of this Act.".
16 Dairy Act 2000
Section 19 is repealed.
15 17 Deakin University Act 1974
In sections 30(2)(b) and 30(2A) for "Borrowing
and Investment Powers Act 1987" substitute
"Public Finance and Accountability Act 2009".
18 Education and Training Reform Act 2006
20 18.1 Sections 2.6.78(4) and 4.2.8(4) are repealed.
18.2 Clause 14 of Schedule 2 is repealed.
19 Electricity Industry (Residual Provisions) Act 1993
19.1 In section 3(1) for definition of financial
accommodation substitute--
25 "financial accommodation has the same meaning
as it has in section 3(1) of the Public
Finance and Accountability Act 2009;".
19.2 Sections 28 and 90 are repealed.
561248B.I-8/12/2009 89 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
20 Emerald Tourist Railway Act 1977
20.1 Section 26(1) is repealed.
20.2 In section 26(2) omit "under this Act".
21 Emergency Services Superannuation Act 1986
5 21.1 In section 6(2A) for "an approval given by the
Governor in Council under section 20 of the
Borrowing and Investment Powers Act 1987"
substitute "directions made under the Public
Finance and Accountability Act 2009".
10 21.2 In section 14(b) for "Borrowing and Investment
Powers Act 1987" substitute "Public Finance
and Accountability Act 2009".
21.3 Section 17 is repealed.
22 Energy Safe Victoria Act 2005
15 Section 23 is repealed.
23 Environment Protection Act 1970
Sections 50N and 70(2) are repealed.
24 Film Act 2001
Sections 18 and 37 are repealed.
20 25 Geelong Market Site Act 1983
In section 3, in the definitions of financial
accommodation and financial arrangements for
"Borrowing and Investment Powers Act 1987"
substitute "Public Finance and Accountability
25 Act 2009".
26 Geelong Performing Arts Centre Trust Act 1980
Sections 15(3) and 16 are repealed.
27 Health Professions Registration Act 2005
Section 139 is repealed.
561248B.I-8/12/2009 90 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
28 Health Services Act 1988
28.1 Sections 29 and 30 are repealed.
28.2 In section 69B(1)(b) for "Borrowing and
Investment Powers Act 1987" substitute
5 "Public Finance and Accountability Act 2009".
29 Heritage Act 1995
29.1 Section 136(2) is repealed.
29.2 In section 137(e) omit "under this Act".
29.3 Section 138 is repealed.
10 30 House Contracts Guarantee Act 1987
30.1 Section 17E(1) is repealed.
30.2 In section 17E(2) omit "Despite subsection (1),".
30.3 Section 48 is repealed.
31 Housing Act 1983
15 Sections 20, 22, 26A and 137 are repealed.
32 Infertility Treatment Act 1995
Section 139 is repealed.
33 La Trobe University Act 1964
In sections 33(2)(b) and 33(2A) for "Borrowing
20 and Investment Powers Act 1987" substitute
"Public Finance and Accountability Act 2009".
34 Legal Aid Act 1978
Section 41(4) is repealed.
35 Legal Profession Act 2004
25 Sections 6.6.18 and 6.7.1(3) are repealed.
36 Libraries Act 1988
Section 32 is repealed.
37 Meat Industry Act 1993
Section 45(3) is repealed.
561248B.I-8/12/2009 91 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
38 Melbourne and Olympic Parks Act 1985
Sections 17(4), 17(5), 18 and 33 are repealed.
39 Melbourne Convention and Exhibition Trust
Act 1996
5 Section 22 is repealed.
40 Melbourne Cricket Ground Act 2009
40.1 In section 3 for the definitions of financial
accommodation and financial arrangement
substitute--
10 "financial accommodation has the same meaning
as it has in section 3(1) of the Public
Finance and Accountability Act 2009;
financial arrangement has the same meaning as it
has in section 3(1) of the Public Finance
15 and Accountability Act 2009;".
40.2 Sections 6(3)(a) and 23 are repealed.
41 Melbourne Market Authority Act 1977
Sections 14(4), 16, 17, 21, 22, 23 and 24 and
Schedule 1 are repealed.
20 42 Melbourne University Act 1958
In sections 32(1)(b) and 32(2) for "Borrowing
and Investment Powers Act 1987" substitute
"Public Finance and Accountability Act 2009".
43 Metropolitan Fire Brigades Act 1958
25 Sections 46, 47, 47A and 51A are repealed.
44 Monash University Act 1958
In sections 32(2)(b) and 32(2A) for "Borrowing
and Investment Powers Act 1987" substitute
"Public Finance and Accountability Act 2009".
30 45 Museums Act 1983
Section 29 is repealed.
561248B.I-8/12/2009 92 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
46 National Gallery of Victoria Act 1966
Section 18AA is repealed.
47 Parliamentary Salaries and Superannuation
Act 1968
5 47.1 In section 11(5) for "Borrowing and Investment
Powers Act 1987" substitute "Public Finance
and Accountability Act 2009".
47.2 In section 11B(2A), omit "and" after
paragraph (a);
10 47.3 Section 11B(2A)(b) is repealed;
47.4 In section 12 for "the Borrowing and Investment
Powers Act 1987" substitute "any other Act".
48 Port Bellarine Tourist Resort Act 1981
Sections 15(2), 15(5) and 18 are repealed.
15 49 Port Services Act 1995
Section 27 is repealed.
50 Project Development and Construction
Management Act 1994
Sections 27 and 28 are repealed.
20 51 Queen Victoria Women's Centre Act 1994
Section 17 is repealed.
52 Racing Act 1958
Sections 44A and 76A are repealed.
53 Rail Corporations Act 1996
25 Section 22 is repealed.
54 Residential Tenancies Act 1997
54.1 In section 431(c) for "this Act" substitute "Public
Finance and Accountability Act 2009".
54.2 Section 438(2) is repealed.
561248B.I-8/12/2009 93 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
55 Royal Botanic Gardens Act 1991
55.1 In section 29(3)(b) omit "under this Act".
55.2 Sections 29(4), 30 and 31 are repealed.
56 Royal Melbourne Institute of Technology Act 1992
5 56.1 In section 36(2)(aa) for "Borrowing and
Investment Powers Act 1987" substitute
"Public Finance and Accountability Act 2009".
56.2 In section 36(2A) for "section 3 of the Borrowing
and Investment Powers Act 1987" substitute
10 "the Public Finance and Accountability Act
2009".
57 Rural Finance Act 1988
Sections 22 and 22A are repealed.
58 State Electricity Commission Act 1958
15 58.1 Sections 79B, 85D(1), 88(1) and 90 are repealed.
58.2 In section 89(1) for "or the Borrowing and
Investment Powers Act 1987" substitute ", the
Borrowing and Investment Powers Act 1987 or
the Public Finance and Accountability Act
20 2009".
58.3 In sections 92(2), 92(5) and 92(7) after "1987"
insert "or the Public Finance and
Accountability Act 2009".
58.4 In section 93(1)(a) after "1987" insert "or the
25 Public Finance and Accountability Act 2009".
58.5 In section 93(1)(c) for "that Act" substitute "the
Borrowing and Investment Powers Act 1987 or
the Public Finance and Accountability Act
2009".
30 58.6 In sections 93(7)(a) and 93(7)(b) after "1987"
insert "or the Public Finance and
Accountability Act 2009".
561248B.I-8/12/2009 94 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
58.7 In section 96(1)(a) for "or the Borrowing and
Investment Powers Act 1987" substitute ", the
Borrowing and Investment Powers Act 1987 or
the Public Finance and Accountability Act
5 2009".
59 State Owned Enterprises Act 1992
59.1 Section 14A is repealed.
59.2 In Schedule 1, in clause 8 for "Borrowing and
Investment Powers Act 1987" substitute
10 "Public Finance and Accountability Act 2009".
60 State Sport Centres Act 1994
Section 27 is repealed.
61 Surveying Act 2004
Section 60 is repealed.
15 62 Swinburne University of Technology Act 1992
62.1 In section 41(2)(b) for "Borrowing and
Investment Powers Act 1987" substitute
"Public Finance and Accountability Act 2009".
62.2 In section 41(2A) for "section 3 of the Borrowing
20 and Investment Powers Act 1987" substitute
"the Public Finance and Accountability Act
2009".
63 Tourism Victoria Act 1992
63.1 In section 23(3)(b) omit "under this Act".
25 63.2 Sections 25 and 26 are repealed.
64 Transport Act 1983
64.1 In section 66(4)(a) omit "under this Act".
64.2 In section 66(4)(c) omit "pursuant to section 76".
64.3 Sections 66(6), 76 and 77 are repealed.
30 65 Transport Accident Act 1986
Sections 27(6), 27(7), 27(8) and 28 are repealed.
561248B.I-8/12/2009 95 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
66 University of Ballarat Act 1993
In sections 34(2)(b) and 34(2A) for "Borrowing
and Investment Powers Act 1987" substitute
"Public Finance and Accountability Act 2009".
5 67 Veterans Act 2005
Section 20(4) is repealed.
68 Victoria University of Technology Act 1990
In sections 37(2)(aa) and 37(2A) for "section 3 of
the Borrowing and Investment Powers Act
10 1987" substitute "the Public Finance and
Accountability Act 2009".
69 Veterinary Practice Act 1997
Section 79 is repealed.
70 Victorian Arts Centre Act 1979
15 70.1 In section 6(2)(o) omit ", and with the approval of
the Treasurer to sell or exchange or invest or re-
invest such moneys, securities or other property in
such investments as the Treasurer may from time
to time determine".
20 70.2 Sections 7 and 16(3) are repealed.
71 Victorian Conservation Trust Act 1972
Section 3(2)(d) is repealed.
72 Victorian Managed Insurance Authority Act 1996
Section 26 is repealed.
25 73 Victorian Urban Development Authority Act 2003
Section 64 is repealed.
74 Water Act 1989
74.1 Section 253 is repealed.
74.2 Division 4 of Part 13 is repealed.
561248B.I-8/12/2009 96 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 2
75 Water Industry Act 1994
Section 182 is repealed.
__________________
561248B.I-8/12/2009 97 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
SCHEDULE 3
AMENDMENTS RELATING TO THE FINANCIAL
MANAGEMENT ACT 1994
1 Aboriginal Heritage Act 2006
5 In section 192(1) for "annual report of the
Department prepared under the Financial
Management Act 1994" substitute "report of
operations of the Department prepared under the
Public Finance and Accountability Act 2009".
10 2 Accident Compensation Act 1985
For section 155(2)(c)(iib) substitute--
"(iib) a department within the meaning of the
Public Administration Act 2004 which has
functions in relation to particular accident
15 compensation matters arising under this Act
or any other Act;
(iiba) a public body within the meaning of the
Public Finance and Accountability Act
2009 which has functions in relation to
20 particular accident compensation matters
arising under this Act or any other Act;".
3 Audit Act 1994
3.1 In section 3 in the definition of annual financial
report for "section 24 of the Financial
25 Management Act 1994" substitute "section 40 of
the Public Finance and Accountability Act
2009".
3.2 In section 3 in the definition of estimated
financial statements for "section 23H of the
30 Financial Management Act 1994" substitute
"section 27(1) of the Public Finance and
Accountability Act 2009".
561248B.I-8/12/2009 98 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
3.3 In section 7B(2)(a) for "section 48 of the
Financial Management Act 1994" substitute
"the Public Finance and Accountability Act
2009".
5 3.4 In section 7B(3)(a) for "section 49 of the
Financial Management Act 1994" substitute
"Public Finance and Accountability Act 2009".
3.5 In section 7C(1)(b) for "Financial Management
Act 1994" substitute "Public Finance and
10 Accountability Act 2009".
3.6 In section 7D(3) for "Financial Management Act
1994" substitute "Public Finance and
Accountability Act 2009".
3.7 In section 8(3) for "section 45 of the Financial
15 Management Act 1994" substitute "section 42 of
the Public Finance and Accountability Act
2009".
3.8 In section 9A(2) for "section 27D of the Financial
Management Act 1994" substitute "section
20 40(5) of the Public Finance and Accountability
Act 2009".
3.9 In section 16B(1)(c) for "section 23K of the
Financial Management Act 1994" substitute
"section 27(1)(f) of the Public Finance and
25 Accountability Act 2009".
3.10 In section 16B(6) in the definition of current
financial policy objectives and strategies
statement for "section 23K of the Financial
Management Act 1994" substitute "section
30 27(1)(a) of the Public Finance and
Accountability Act 2009".
3.11 Sections 26 and 27 are repealed.
561248B.I-8/12/2009 99 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
4 Australian Grands Prix Act 1994
In section 49 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
5 5 Births, Deaths and Marriages Registration Act 1996
In section 56 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
6 Building Act 1993
10 6.1 In section 196(k) for "the Financial Management
Act 1994" substitute "the Public Finance and
Accountability Act 2009".
6.2 In section 220(1) for "section 8 of the Financial
Management Act 1994" substitute "section 17 of
15 the Public Finance and Accountability Act
2009".
6.3 In section 221ZZV(h) for "the Financial
Management Act 1994" substitute "the Public
Finance and Accountability Act 2009".
20 7 Cancer Act 1958
7.1 In section 10(4) for "the Financial Management
Act 1994" substitute "the Public Finance and
Accountability Act 2009".
7.2 In section 11A for "the Financial Management
25 Act 1994" substitute "the Public Finance and
Accountability Act 2009".
8 Cemeteries and Crematoria Act 2003
Section 48(a) is repealed.
561248B.I-8/12/2009 100 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
9 Children, Youth and Families Act 2005
In section 203 for "annual report of the
Department prepared under the Financial
Management Act 1994" substitute "report of
5 operations of the Department prepared under the
Public Finance and Accountability Act 2009".
10 Commissioner for Environmental Sustainability
Act 2003
10.1 For the heading to section 16 substitute--
10 "Report of operations".
10.2 In section 16--
(a) omit "relevant annual";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
15 Finance and Accountability Act 2009".
11 Constitution Act 1975
11.1 In section 5 for the definition of Consolidated
Fund substitute--
"Consolidated Fund means the Consolidated
20 Fund continued under section 21(1) of the
Public Finance and Accountability Act
2009;".
11.2 In section 7A(2A)(d) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
25 Public Finance and Accountability Act 2009".
12 Construction Industry Long Service Leave Act 1997
Section 21 is repealed.
13 Control of Weapons Act 1990
In section 10B--
30 (a) omit "annual";
561248B.I-8/12/2009 101 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
14 Corrections Act 1986
5 14.1 In section 9D(3) for "annual report under the
Financial Management Act 1994" substitute
"report of operations under the Public Finance
and Accountability Act 2009".
14.2 In section 9D(3A) for "annual report under the
10 Financial Management Act 1994" substitute
"report of operations under the Public Finance
and Accountability Act 2009".
15 Court Security Act 1980
In section 2C for "Financial Management Act
15 1994" substitute "Public Finance and
Accountability Act 2009".
16 Credit (Administration) Act 1984
In section 86AA(1) for "Financial Management
Act 1994" substitute "Public Finance and
20 Accountability Act 2009".
17 Crimes Act 1958
In section 359(5) for "Part 7 of the Financial
Management Act 1994" (where twice occurring)
substitute "Part 5 of the Public Finance and
25 Accountability Act 2009".
18 Dangerous Goods Act 1985
For section 10E(1)(d)(iii) substitute--
"(iii) a department within the meaning of the
Public Administration Act 2004 which has
30 functions in relation to particular accident
matters relating to occupational health and
safety or dangerous goods arising under this
Act or any other Act;
561248B.I-8/12/2009 102 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
(iiia) a public body within the meaning of the
Public Finance and Accountability Act
2009 which has functions in relation to
particular matters relating to occupational
5 health and safety or dangerous goods arising
under this Act or any other Act;".
19 Disability Act 2006
19.1 For the heading to section 19 substitute--
"Report of operations".
10 19.2 In section 19(1)--
(a) omit "relevant annual";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
15 20 Drugs, Poisons and Controlled Substances Act 1981
In section 60S(1)--
(a) omit "annual";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
20 Finance and Accountability Act 2009".
21 Education and Training Reform Act 2006
21.1 In section 2.3.30(1) for "section 45 of the
Financial Management Act 1994" substitute
"section 42 of the Public Finance and
25 Accountability Act 2009".
21.2 In section 2.3.30(1)(b) for "Financial
Management Act 1994" substitute "Public
Finance and Accountability Act 2009".
21.3 In section 2.3.30(2) for "section 45 of the
30 Financial Management Act 1994" substitute
"section 42 of the Public Finance and
Accountability Act 2009".
561248B.I-8/12/2009 103 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
21.4 In section 2.3.30(2)(b) for "Financial
Management Act 1994" substitute "Public
Finance and Accountability Act 2009".
21.5 For section 2.3.31(e) substitute--
5 "(e) a public body within the meaning of section
4 of the Public Finance and Accountability
Act 2009.".
21.6 In section 3.2.8(1) for "annual report under the
Financial Management Act 1994" substitute
10 "report of operations under the Public Finance
and Accountability Act 2009".
21.7 In section 5.2.1(5) for "annual report under the
Financial Management Act 1994" substitute
"report of operations under the Public Finance
15 and Accountability Act 2009".
22 Electricity Industry (Residual Provisions) Act 1993
22.1 In section 26(3) for "annual report under Part 7 of
the Financial Management Act 1994" substitute
"report of operations under Part 5 of the Public
20 Finance and Accountability Act 2009".
22.2 In section 37(5) for "annual report under Part 7 of
the Financial Management Act 1994" substitute
"report of operations under Part 5 of the Public
Finance and Accountability Act 2009".
25 22.3 In section 53(4)--
(a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
30 Finance and Accountability Act 2009".
561248B.I-8/12/2009 104 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
23 Electricity Safety Act 1998
In section 141A(4)--
(a) for "annual report" substitute "report of
operations";
5 (b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
24 Emergency Management Act 1986
24.1 Insert the following heading to section 21I--
10 "Report of operations".
24.2 In section 21I--
(a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
15 Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
25 Emergency Services Telecommunications Authority
Act 2004
In section 20(4) for "Part 7 of the Financial
20 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
26 Environment Protection Act 1970
26.1 In section 19(3) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
25 Public Finance and Accountability Act 2009".
26.2 For section 50AB(a) substitute--
"(a) a public body within the meaning of
section 4 of the Public Finance and
Accountability Act 2009; and".
561248B.I-8/12/2009 105 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
26.3 For section 50F(6) substitute--
"(6) On a group becoming a body corporate under
this section, it becomes a public body within
the meaning of section 4 of the Public
5 Finance and Accountability Act 2009.".
26.4 For section 50G(3)(a) substitute--
"(a) a public body within the meaning of
section 4 of the Public Finance and
Accountability Act 2009; and".
10 26.5 In section 68(5) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
27 Equal Opportunity Act 1995
27.1 For the heading to section 179 substitute--
15 "Report of operations".
27.2 In section 179 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
28 Essential Services Commission Act 2001
20 28.1 In the heading to section 31 for "annual report"
substitute "report of operations".
28.2 In section 31--
(a) omit "annual";
(b) for "Part 7 of the Financial Management
25 Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
29 Estate Agents Act 1980
In section 72(1) for "Financial Management Act
1994" substitute "Public Finance and
30 Accountability Act 2009".
561248B.I-8/12/2009 106 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
30 Financial Sector Reform (Victoria) Act 1999
In section 18(3) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
5 31 Firearms Act 1996
31.1 For the heading to section 153C substitute--
"Report of operations".
31.2 In section 153C--
(a) omit "annual";
10 (b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
32 Fisheries Act 1995
32.1 In the heading to section 101I for "annual report"
15 substitute "report of operations".
32.2 In section 101I--
(a) omit "annual";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
20 Finance and Accountability Act 2009".
33 Gambling Regulation Act 2003
In section 3.6.9A(5) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
25 34 Gas Safety Act 1997
In section 107(4)--
(a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
30 Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
561248B.I-8/12/2009 107 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
35 Graffiti Prevention Act 2007
In section 17--
(a) omit "annual";
(b) for "Part 7 of the Financial Management
5 Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
36 Health Services Act 1988
36.1 In section 36(3)(a) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
10 Public Finance and Accountability Act 2009".
36.2 In section 65ZA(3) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
36.3 In section 65ZG(4)(a) for "Part 7 of the Financial
15 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
36.4 In section 115H(3)(a) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
20 36.5 In section 134B(6) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
36.6 In section 134L(4) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
25 Public Finance and Accountability Act 2009".
37 House Contracts Guarantee Act 1987
37.1 For the heading to section 17H substitute--
"Report of operations".
37.2 In section 17H--
30 (a) for "annual report" substitute "report of
operations";
561248B.I-8/12/2009 108 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
37.3 For the heading to section 52 substitute--
5 "Report of operations".
37.4 In section 52--
(a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
10 Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
38 Housing Act 1983
In section 27(2) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
15 Public Finance and Accountability Act 2009".
39 Information Privacy Act 2000
39.1 Insert the following heading to section 62--
"Report of operations".
39.2 In section 62 for "Part 7 of the Financial
20 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
39.3 In section 63(1) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
25 40 Interpretation of Legislation Act 1984
In section 38 for the definition of Consolidated
Fund substitute--
"Consolidated Fund means the Consolidated
Fund continued under section 21(1) of the
30 Public Finance and Accountability Act
2009;".
561248B.I-8/12/2009 109 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
41 Land Acquisition and Compensation Act 1986
In section 3(1) in the definition of Trust Fund for
"Financial Management Act 1994" substitute
"Public Finance and Accountability Act 2009".
5 42 Land Act 1958
In section 355 for "Part 7 of the Financial
Management Act 1994" substitute "Part VIIIA
of this Act".
43 Land Tax Act 2005
10 In section 3(1) for the definition of public sector
superannuation authority substitute--
"public sector superannuation authority means a
public body within the meaning of the
Public Finance and Accountability Act
15 2009 that is required to submit a report of
operations under Part 5 of that Act in relation
to a public sector superannuation fund;".
44 Landlord and Tenant Act 1958
In section 42D(2) for "to the receiver of revenue
20 as required by this section" substitute "as
required by subsection (1)".
45 Legal Profession Act 2004
45.1 For the heading to section 6.2.21 substitute--
"Report of operations".
25 45.2 In section 6.2.21 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
45.3 For the heading to section 6.3.13 substitute--
"Report of operations".
30 45.4 In section 6.3.13(1) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
561248B.I-8/12/2009 110 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
45.5 In section 6.3.14 for "Financial Management
Act 1994" substitute "Public Finance and
Accountability Act 2009".
45.6 For the heading to section 6.6.14 substitute--
5 "Report of operations".
45.7 In section 6.6.14 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
45.8 In Schedule 2, clauses 8.8 and 8.10 are repealed.
10 46 Libraries Act 1988
Sections 58(2) and 58(3) are repealed.
47 Livestock Disease Control Act 1994
In section 3 for the definition of appropriate
Minister substitute--
15 "appropriate Minister means the Minister
administering section 23 of the Public
Finance and Accountability Act 2009;".
48 Meat Industry Act 1993
48.1 In section 3(1) for the definition of Finance
20 Minister substitute--
"Finance Minister means the Minister
administering section 17 of the Public
Finance and Accountability Act 2009;".
48.2 In section 46(2)(b) for "Part 7 of the Financial
25 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
49 Medical Research Institutes Repeal Act 2008
Section 15 is repealed.
50 Melbourne and Olympic Parks Act 1985
30 In section 16G for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
561248B.I-8/12/2009 111 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
51 Melbourne University Act 1958
In section 40A(9)--
(a) in paragraph (c) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5
5 of the Public Finance and Accountability
Act 2009";
(b) in paragraph (d) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5
of the Public Finance and Accountability
10 Act 2009".
52 Mental Health Act 1986
52.1 Insert the following heading to section 117U--
"Report of operations".
52.2 In section 117U--
15 (a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
20 53 Motor Car Traders Act 1986
In section 74(1) for "Financial Management Act
1994" substitute "Public Finance and
Accountability Act 2009".
54 Museums Act 1983
25 Sections 46(2) and 46(3) are repealed.
55 National Environment Protection Council (Victoria)
Act 1995
55.1 Insert the following heading to section 58--
"Audit Act 1994 and Public Finance and
30 Accountability Act 2009".
561248B.I-8/12/2009 112 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
55.2 In section 58 for "Financial Management Act
1994" substitute "Public Finance and
Accountability Act 2009".
56 Occupational Health and Safety Act 2004
5 For section 11(1)(d)(iii) substitute--
"(iii) a department within the meaning of the
Public Administration Act 2004 that has
functions in relation to particular
occupational health and safety matters
10 arising under this or any other Act;
(iiia) a public body within the meaning of the
Public Finance and Accountability Act
2009 that has functions in relation to
particular occupational health and safety
15 matters arising under this or any other Act;".
57 Port Services Act 1995
57.1 Insert the following heading to section 44--
"Report of operations".
57.2 In section 44--
20 (a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
25 58 Professional Standards Act 2003
In section 51(3)(b)--
(a) omit "annual";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
30 Finance and Accountability Act 2009".
561248B.I-8/12/2009 113 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
59 Project Development and Construction
Management Act 1994
59.1 In section 31 for "a provision of a supply policy
within the meaning of the Financial
5 Management Act 1994" substitute "policies,
systems, procedures and practices for the purchase
and supply of goods and services made under the
Public Finance and Accountability Act 2009".
59.2 In section 34(2) for "Part 7 of the Financial
10 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
60 Property Law Act 1958
60.1 In section 216 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
15 Public Finance and Accountability Act 2009".
60.2 In section 217 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
61 Prostitution Control Act 1994
20 In section 66(1) for "Financial Management Act
1994" substitute "Public Finance and
Accountability Act 2009".
62 Public Administration Act 2004
Sections 44B and 93 are repealed.
25 63 Public Health and Wellbeing Act 2008
63.1 In the heading to section 143 for "Annual report"
substitute "Report of operations".
63.2 In section 143(1)--
(a) omit "relevant annual";
30 (b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
561248B.I-8/12/2009 114 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
64 Public Prosecutions Act 1994
In section 48A for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
5 65 Queen Victoria Women's Centre Act 1994
Section 20 is repealed.
66 Racing Act 1958
66.1 In section 44C for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
10 Public Finance and Accountability Act 2009".
66.2 In section 75C for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
67 Rail Corporations Act 1996
15 67.1 Insert the following heading to section 38--
"Report of operations".
67.2 In section 38--
(a) for "annual report" substitute "report of
operations";
20 (b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
68 Regional Development Victoria Act 2002
In section 15(1)--
25 (a) for "an annual" substitute "a";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
561248B.I-8/12/2009 115 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
69 Regional Infrastructure Development Fund
Act 1999
In section 5(2) for "the Minister administering
Part 7 of the Financial Management Act 1994"
5 substitute "the Treasurer".
70 Relationships Act 2008
In section 32 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
10 71 Residential Tenancies Act 1997
In section 491 for "Financial Management Act
1994" substitute "Public Finance and
Accountability Act 2009".
72 Road Safety Act 1986
15 In section 98(2) for "Part 7B of the Financial
Management Act 1994" substitute "Part VIIIA
of the Land Act 1958".
73 Sentencing Act 1991
73.1 For the heading to section 18ZZR substitute--
20 "Report of operations".
73.2 In section 18ZZR for "Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
74 Small Business Commissioner Act 2003
25 In section 14(1)--
(a) for "an annual" substitute "a";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
561248B.I-8/12/2009 116 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
75 State Electricity Commission Act 1958
75.1 In section 85A(2) for "annual report under the
Financial Management Act 1994" substitute
"report of operations under the Public Finance
5 and Accountability Act 2009".
75.2 In section 85A(3) for "Financial Management
Act 1994" substitute "Public Finance and
Accountability Act 2009".
76 Surveying Act 2004
10 Section 69 is repealed.
77 Sustainable Forests (Timber) Act 2004
77.1 In section 12(3) for "the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
15 77.2 In section 23(2) for "section 8 of the Financial
Management Act 1994" substitute "section 17 of
the Public Finance and Accountability Act
2009".
78 Transfer of Land Act 1958
20 78.1 Insert the following heading to section 7--
"Report of operations to include details of
changes to form of Register".
78.2 In section 7 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
25 Public Finance and Accountability Act 2009".
79 Transport Act 1983
79.1 In section 4(3) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
30 79.2 In section 47(2)(c)(vi)(A) for "the Minister
administering Part 7 of the Financial
Management Act 1994" substitute "the
Treasurer".
561248B.I-8/12/2009 117 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
79.3 In section 59 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
79.4 In section 60(2) for "Part 7 of the Financial
5 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
79.5 In section 61--
(a) in paragraph (a) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5
10 of the Public Finance and Accountability
Act 2009";
(b) in paragraph (b) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5
of the Public Finance and Accountability
15 Act 2009".
79.6 In section 62 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
79.7 In section 63 for "Part 7 of the Financial
20 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
79.8 In section 63 for "Part 7 of that Act" substitute
"Part 5 of that Act".
79.9 In section 64(1) for "Part 7 of the Financial
25 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
79.10 In section 65 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
30 79.11 In section 81A for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
561248B.I-8/12/2009 118 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
80 Treasury Corporation of Victoria Act 1992
80.1 In section 8(1)(f) for "the Financial Management
Act 1994" substitute "the Public Finance and
Accountability Act 2009".
5 80.2 In section 10(5)--
(a) for "annual report" substitute "report of
operations";
(b) for "Financial Management Act 1994"
substitute "Public Finance and
10 Accountability Act 2009".
81 Veterans Act 2005
81.1 For the heading to section 17 substitute--
"Report of operations".
81.2 In section 17--
15 (a) omit "relevant annual";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
81.3 In section 20(1) for "Financial Management Act
20 1994" substitute "Public Finance and
Accountability Act 2009".
82 Veterinary Practice Act 1997
Section 95 is repealed.
83 Victims' Charter Act 2006
25 In section 21 for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
84 Victorian Energy Efficiency Target Act 2007
In section 7(4)--
30 (a) omit "annual";
561248B.I-8/12/2009 119 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
85 Victorian Funds Management Corporation Act 1994
5 In section 10(6)--
(a) for "annual report" substitute "report of
operations";
(b) for "Financial Management Act 1994"
substitute "Public Finance and
10 Accountability Act 2009".
86 Victorian Industry Participation Policy Act 2003
86.1 In section 3(1) for the definition of Agency
substitute--
"Agency means--
15 (a) a Department within the meaning of
section 4(1) of the Public
Administration Act 2004; or
(b) a public body within the meaning of
section 4 of the Public Finance and
20 Accountability Act 2009;".
86.2 In section 7(a) for "section 54L of the Financial
Management Act 1994" substitute "the Public
Finance and Accountability Act 2009 or the
regulations made under that Act".
25 86.3 In section 8(a) for "Victorian Government
Purchasing Board" substitute "State Procurement
Board".
86.4 In section 9(1) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
30 Public Finance and Accountability Act 2009".
561248B.I-8/12/2009 120 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
86.5 In section 9(2) for "section 8 of the Financial
Management Act 1994" substitute "section 17 of
the Public Finance and Accountability Act
2009".
5 87 Victorian Law Reform Commission Act 2000
87.1 Insert the following heading to section 19--
"Report of operations".
87.2 In section 19--
(a) omit "annual";
10 (b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
88 Victorian Managed Insurance Authority Act 1996
88.1 In section 8(5)--
15 (a) for "annual report" substitute "report of
operations";
(b) for "the Financial Management Act 1994"
substitute "Part 5 of the Public Finance
and Accountability Act 2009".
20 88.2 In section 23(1) for "Financial Management Act
1994" substitute "Public Finance and
Accountability Act 2009".
88.3 The note to section 23(1) is repealed.
88.4 In section 23(3)(a) for "section 44B of the
25 Financial Management Act 1994" substitute
"the Public Finance and Accountability Act
2009".
88.5 In section 25A(8)--
(a) for "annual report" substitute "report of
30 operations";
561248B.I-8/12/2009 121 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
(b) for "Financial Management Act 1994"
substitute "Public Finance and
Accountability Act 2009".
89 Victorian Renewable Energy Act 2006
5 89.1 For the heading to section 78 substitute--
"Report of operations".
89.2 In section 78--
(a) omit "annual";
(b) for "Part 7 of the Financial Management
10 Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
90 Victorian Urban Development Authority Act 2003
90.1 For the heading to section 69 substitute--
"Report of operations".
15 90.2 In section 69--
(a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
20 Finance and Accountability Act 2009".
91 Water Act 1989
91.1 In the heading to section 122ZJ for "annual
report" substitute "report of operations".
91.2 In section 122ZJ(1)--
25 (a) for "annual report" substitute "report of
operations";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
561248B.I-8/12/2009 122 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 3
91.3 In section 284(2) for "Part 7 of the Financial
Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
91.4 In section 307A(2)(a) for "the Financial
5 Management Act 1994" substitute "Part 5 of the
Public Finance and Accountability Act 2009".
92 Water Industry Act 1994
In section 195(2)--
(a) omit "annual";
10 (b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
93 Workplace Rights Advocate Act 2005
In section 11(1)--
15 (a) for "an annual" substitute "a";
(b) for "Part 7 of the Financial Management
Act 1994" substitute "Part 5 of the Public
Finance and Accountability Act 2009".
__________________
561248B.I-8/12/2009 123 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 4
SCHEDULE 4
FURTHER AMENDMENTS RELATING TO THE FINANCIAL
MANAGEMENT ACT 1994
1 Electricity Industry (Residual Provisions) Act 1993
5 In section 37(3) for "Part 2 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
2 Gene Technology Act 2001
In section 128(2) for "Part 7 of the Financial
10 Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
3 Health Professions Registration Act 2005
In section 141 for "section 14 of the Financial
Management Act 1994" (wherever occurring)
15 substitute "Part 4 of the Public Finance and
Accountability Act 2009".
4 Land Acquisition and Compensation Act 1986
4.1 In section 59 for "Part 7 of the Financial
Management Act 1994" substitute "Part 4 of the
20 Public Finance and Accountability Act 2009".
4.2 In section 62(2) for "Part 7 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
4.3 In section 71(1) for "Part 7 of the Financial
25 Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
4.4 In section 73(1) for "Part 7 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
561248B.I-8/12/2009 124 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 4
5 Libraries Act 1988
In section 31(1) for "Part 7 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
5 6 Museums Act 1983
In section 28(1) for "Part 7 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
7 State Owned Enterprises Act 1992
10 7.1 In section 45(3) for "Part 2 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
7.2 In section 72(2) for "Part 2 of the Financial
Management Act 1994" substitute "Part 4 of the
15 Public Finance and Accountability Act 2009".
8 Tobacco Act 1987
In section 32(5) for "Part 7 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
20 9 Transport Act 1983
9.1 In section 66(2) for "Part 7 of the Financial
Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
9.2 In section 66(4) for "Part 7 of the Financial
25 Management Act 1994" substitute "Part 4 of the
Public Finance and Accountability Act 2009".
10 Treasury Corporation of Victoria Act 1992
For section 9(1)(e) substitute--
"(e) for the purpose of carrying out its functions
30 under sections 8(1)(e) and 8(1)(f), may, with
the approval of the Treasurer, exercise such
powers as the Minister administering
section 24 of the Public Finance and
561248B.I-8/12/2009 125 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 4
Accountability Act 2009 may exercise
under that section;".
11 Warehousemen's Liens Act 1958
In section 10(8) for "Part 7 of the Financial
5 Management Act 1994 for any money paid to the
receiver of revenue and placed to the credit of the
Consolidated Fund" substitute "Part 4 of the
Public Finance and Accountability Act 2009 for
any money paid and placed to the credit of the
10 Consolidated Fund under subsection (3)".
12 Water Act 1989
In section 264(1A) for "section 9(2) of the
Financial Management Act 1994" substitute
"section 21(2) of the Public Finance and
15 Accountability Act 2009".
__________________
561248B.I-8/12/2009 126 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 5
SCHEDULE 5
AMENDMENTS CONSEQUENTIAL ON THE REPEAL OF
THE MONETARY UNITS ACT 2004
1 Co-operatives Act 1996
5 In section 453(5) for "section 5(3) of the
Monetary Units Act 2004" substitute
"section 52(3) of the Public Finance and
Accountability Act 2009".
2 Consumer Credit (Victoria) Act 1995
10 In section 30(4)(b) for "section 5(3) of the
Monetary Units Act 2004" substitute
"section 52(3) of the Public Finance and
Accountability Act 2009".
3 Environment Protection Act 1970
15 In section 4(1), in the definition of fee unit, for
"section 5(3) of the Monetary Units Act 2004"
substitute "section 39D of the Interpretation of
Legislation Act 1984".
4 Gambling Regulation Act 2003
20 In sections 3.4.25(1), 3.4.26(2)(b), 3.4.36(1)
(definition of disciplinary action), 3.4.59E(6)(a),
3.4.65(1) (definition of disciplinary action),
4.3.31(1) (definition of disciplinary action),
4.3A.27(3)(a)(ii), 4.3A.27(6)(a), 4.5A.14(1)
25 (definition of disciplinary action), 5.3.23(1)(b),
6A.3.27(3)(a)(ii), 6A.3.27(6)(a) and 7.3.9
(definition of disciplinary action), for
"section 5(3) of the Monetary Units Act 2004"
substitute "section 52(3) of the Public Finance
30 and Accountability Act 2009".
561248B.I-8/12/2009 127 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 5
5 Interpretation of Legislation Act 1984
In section 38, in the definition of fee unit, for
"section 4 of the Monetary Units Act 2004"
substitute "section 39C".
5 6 Prostitution Control Act 1994
In section 48A(1)(c) for "section 5(3) of the
Monetary Units Act 2004" substitute
"section 52(3) of the Public Finance and
Accountability Act 2009".
10 7 Relationships Act 2008
In section 70(1)(a) for "section 5(3) of the
Monetary Units Act 2004" substitute
"section 52(3) of the Public Finance and
Accountability Act 2009".
15 8 Second-Hand Dealers and Pawnbrokers Act 1989
In section 18B(1)(b) for "section 5(3) of the
Monetary Units Act 2004" substitute
"section 52(3) of the Public Finance and
Accountability Act 2009".
20 9 Sentencing Act 1991
In section 110(1) for "section 5(3) of the
Monetary Units Act 2004" substitute
"section 52(3) of the Public Finance and
Accountability Act 2009".
25 10 Victorian Civil and Administrative Tribunal
Act 1998
In sections 137(5)(a) and 137(5)(b) for
"section 5(3) of the Monetary Units Act 2004"
substitute "section 52(3) of the Public Finance
30 and Accountability Act 2009".
__________________
561248B.I-8/12/2009 128 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Sch. 6
SCHEDULE 6
CONSEQUENTIAL AMENDMENTS RELATING TO
DIVIDENDS AND CAPITAL REPAYMENTS
1 Electricity Industry (Residual Provisions) Act 1993
5 Section 38 is repealed.
2 Port Services Act 1995
Sections 41 and 42 are repealed.
3 Rail Corporations Act 1996
Sections 35 and 36 are repealed.
10 4 Rural Finance Act 1988
Section 26 is repealed.
5 Treasury Corporation of Victoria Act 1992
Section 31 is repealed.
6 Victorian Funds Management Corporation Act 1994
15 Section 27 is repealed.
7 Victorian Urban Development Authority Act 2003
Sections 65 and 66 are repealed.
8 Water Act 1989
Divisions 2 and 3 of Part 6B are repealed.
561248B.I-8/12/2009 129 BILL LA INTRODUCTION 8/12/2009
Public Finance and Accountability Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561248B.I-8/12/2009 130 BILL LA INTRODUCTION 8/12/2009
[Index] [Search] [Download] [Related Items] [Help]