{"id":"qld:act-2009-009","name":"Financial Accountability Act 2009","slug":"financial-accountability-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29882,"registerId":"qld-act-2009-009-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Financial Accountability Act 2009 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nSections 77 and 78 commence on 1 July 2009.\nThe remaining provisions of this Act commence on a date to be fixed by proclamation.\n(sec.2-ssec.1) Sections 77 and 78 commence on 1 July 2009.\n(sec.2-ssec.2) The remaining provisions of this Act commence on a date to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Property in public moneys and public property","content":"### sec.3 Property in public moneys and public property\n\nAll public moneys and public property are the property of the State.","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Interpretation of words used in appropriation Act","content":"### sec.5 Interpretation of words used in appropriation Act\n\nWords used in an appropriation Act that are defined in this Act have the same meaning the words have in this Act, subject to a contrary intention in the appropriation Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of terms relating to annual appropriation Act","content":"### sec.6 Meaning of terms relating to annual appropriation Act\n\nAn annual appropriation Act is—\nan ordinary annual appropriation Act; or\na parliamentary annual appropriation Act.\nAn ordinary annual appropriation Act is an Act that, for departments other than the Legislative Assembly and parliamentary service—\nauthorises the Treasurer to pay from the consolidated fund an amount for the departments for a financial year; and\nappropriates for the financial year an amount to be applied to the departmental services, administered items and equity adjustment of each department.\nA parliamentary annual appropriation Act is an Act that, for the Legislative Assembly and parliamentary service—\nauthorises the Treasurer to pay from the consolidated fund an amount for the Legislative Assembly and parliamentary service for the financial year; and\nappropriates for the financial year an amount to be applied to the departmental services, administered items and equity adjustment of the Legislative Assembly and parliamentary service.\nThe annual appropriation Acts for a financial year are both—\nthe ordinary annual appropriation Act for the financial year; and\nthe parliamentary annual appropriation Act for the financial year.\n(sec.6-ssec.1) An annual appropriation Act is— an ordinary annual appropriation Act; or a parliamentary annual appropriation Act.\n(sec.6-ssec.2) An ordinary annual appropriation Act is an Act that, for departments other than the Legislative Assembly and parliamentary service— authorises the Treasurer to pay from the consolidated fund an amount for the departments for a financial year; and appropriates for the financial year an amount to be applied to the departmental services, administered items and equity adjustment of each department.\n(sec.6-ssec.3) A parliamentary annual appropriation Act is an Act that, for the Legislative Assembly and parliamentary service— authorises the Treasurer to pay from the consolidated fund an amount for the Legislative Assembly and parliamentary service for the financial year; and appropriates for the financial year an amount to be applied to the departmental services, administered items and equity adjustment of the Legislative Assembly and parliamentary service.\n(sec.6-ssec.4) The annual appropriation Acts for a financial year are both— the ordinary annual appropriation Act for the financial year; and the parliamentary annual appropriation Act for the financial year.\n- (a) an ordinary annual appropriation Act; or\n- (b) a parliamentary annual appropriation Act.\n- (a) authorises the Treasurer to pay from the consolidated fund an amount for the departments for a financial year; and\n- (b) appropriates for the financial year an amount to be applied to the departmental services, administered items and equity adjustment of each department.\n- (a) authorises the Treasurer to pay from the consolidated fund an amount for the Legislative Assembly and parliamentary service for the financial year; and\n- (b) appropriates for the financial year an amount to be applied to the departmental services, administered items and equity adjustment of the Legislative Assembly and parliamentary service.\n- (a) the ordinary annual appropriation Act for the financial year; and\n- (b) the parliamentary annual appropriation Act for the financial year.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of administered receipt and controlled receipt","content":"### sec.7 Meaning of administered receipt and controlled receipt\n\nAn administered receipt is an amount of public moneys received by a department that is not a controlled receipt.\nA controlled receipt is each of the following amounts of public moneys received by a department—\na fee or charge fixed by the accountable officer of the department under this or another Act for goods or services supplied by the department;\nfinancial assistance for recurrent expenses granted to the State under section 96 of the Commonwealth Constitution if the grant is subject to conditions the department is responsible for complying with;\na bequest, contribution, donation, gift or grant to the department;\nthe proceeds of the disposal of an asset, or the rent under a lease of an asset, if under the prescribed requirements the proceeds must be recorded in the department’s balance sheet;\nan amount that, under another Act, must be paid into a fund mentioned in this Act if—\nthe accounts for the fund are part of the departmental accounts of the department; and\nunder the prescribed requirements, the amount must be recorded in the department’s balance sheet;\nan amount paid into the department’s departmental financial institution accounts—\nunder section 51 (2) as interest; or\nunder section 51 (5) as moneys received from an investment;\nan amount received by the department as reimbursement for the cost of supplying goods or services;\nan amount received by the department if, under the prescribed requirements, the amount must be recorded in the department’s balance sheet as a liability;\nan amount paid to the department by the Treasurer—\nunder an annual appropriation Act to be applied to a departmental service or equity adjustment of the department; or\nunder a statement under section 31 to be applied to a departmental service of the department or an equity injection to the department; or\nunder an authority under section 35 for unforeseen expenditure in relation to a departmental service or equity adjustment of the department.\nA balance sheet of a department may be referred to as a statement of financial position of the department.\nSubsections (1) and (2) are subject to an annual appropriation Act for a financial year that prescribes an amount of public moneys received by a department for the financial year as—\nan administered receipt for the year; or\na controlled receipt for the year.\nIn this section—\nrecurrent expenses means all expenses, other than expenses for capital works or redeeming loans.\nrent under a lease includes income under a lease.\n(sec.7-ssec.1) An administered receipt is an amount of public moneys received by a department that is not a controlled receipt.\n(sec.7-ssec.2) A controlled receipt is each of the following amounts of public moneys received by a department— a fee or charge fixed by the accountable officer of the department under this or another Act for goods or services supplied by the department; financial assistance for recurrent expenses granted to the State under section 96 of the Commonwealth Constitution if the grant is subject to conditions the department is responsible for complying with; a bequest, contribution, donation, gift or grant to the department; the proceeds of the disposal of an asset, or the rent under a lease of an asset, if under the prescribed requirements the proceeds must be recorded in the department’s balance sheet; an amount that, under another Act, must be paid into a fund mentioned in this Act if— the accounts for the fund are part of the departmental accounts of the department; and under the prescribed requirements, the amount must be recorded in the department’s balance sheet; an amount paid into the department’s departmental financial institution accounts— under section 51 (2) as interest; or under section 51 (5) as moneys received from an investment; an amount received by the department as reimbursement for the cost of supplying goods or services; an amount received by the department if, under the prescribed requirements, the amount must be recorded in the department’s balance sheet as a liability; an amount paid to the department by the Treasurer— under an annual appropriation Act to be applied to a departmental service or equity adjustment of the department; or under a statement under section 31 to be applied to a departmental service of the department or an equity injection to the department; or under an authority under section 35 for unforeseen expenditure in relation to a departmental service or equity adjustment of the department. A balance sheet of a department may be referred to as a statement of financial position of the department.\n(sec.7-ssec.3) Subsections (1) and (2) are subject to an annual appropriation Act for a financial year that prescribes an amount of public moneys received by a department for the financial year as— an administered receipt for the year; or a controlled receipt for the year.\n(sec.7-ssec.4) In this section— recurrent expenses means all expenses, other than expenses for capital works or redeeming loans. rent under a lease includes income under a lease.\n- (a) a fee or charge fixed by the accountable officer of the department under this or another Act for goods or services supplied by the department;\n- (b) financial assistance for recurrent expenses granted to the State under section 96 of the Commonwealth Constitution if the grant is subject to conditions the department is responsible for complying with;\n- (c) a bequest, contribution, donation, gift or grant to the department;\n- (d) the proceeds of the disposal of an asset, or the rent under a lease of an asset, if under the prescribed requirements the proceeds must be recorded in the department’s balance sheet;\n- (e) an amount that, under another Act, must be paid into a fund mentioned in this Act if— (i) the accounts for the fund are part of the departmental accounts of the department; and (ii) under the prescribed requirements, the amount must be recorded in the department’s balance sheet;\n- (i) the accounts for the fund are part of the departmental accounts of the department; and\n- (ii) under the prescribed requirements, the amount must be recorded in the department’s balance sheet;\n- (f) an amount paid into the department’s departmental financial institution accounts— (i) under section 51 (2) as interest; or (ii) under section 51 (5) as moneys received from an investment;\n- (i) under section 51 (2) as interest; or\n- (ii) under section 51 (5) as moneys received from an investment;\n- (g) an amount received by the department as reimbursement for the cost of supplying goods or services;\n- (h) an amount received by the department if, under the prescribed requirements, the amount must be recorded in the department’s balance sheet as a liability;\n- (i) an amount paid to the department by the Treasurer— (i) under an annual appropriation Act to be applied to a departmental service or equity adjustment of the department; or (ii) under a statement under section 31 to be applied to a departmental service of the department or an equity injection to the department; or (iii) under an authority under section 35 for unforeseen expenditure in relation to a departmental service or equity adjustment of the department.\n- (i) under an annual appropriation Act to be applied to a departmental service or equity adjustment of the department; or\n- (ii) under a statement under section 31 to be applied to a departmental service of the department or an equity injection to the department; or\n- (iii) under an authority under section 35 for unforeseen expenditure in relation to a departmental service or equity adjustment of the department.\n- (i) the accounts for the fund are part of the departmental accounts of the department; and\n- (ii) under the prescribed requirements, the amount must be recorded in the department’s balance sheet;\n- (i) under section 51 (2) as interest; or\n- (ii) under section 51 (5) as moneys received from an investment;\n- (i) under an annual appropriation Act to be applied to a departmental service or equity adjustment of the department; or\n- (ii) under a statement under section 31 to be applied to a departmental service of the department or an equity injection to the department; or\n- (iii) under an authority under section 35 for unforeseen expenditure in relation to a departmental service or equity adjustment of the department.\n- (a) an administered receipt for the year; or\n- (b) a controlled receipt for the year.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of department","content":"### sec.8 Meaning of department\n\nEach of the following is a department —\na department of government under the Public Sector Act 2022 , section 10 ;\nan entity for which an accountable officer is appointed under section 65 (2) ;\nan entity for which an accountable officer is prescribed under section 65 (3) ;\nthe Office of the Governor;\nthe Legislative Assembly and parliamentary service.\nHowever, a department is—\nfor an ordinary annual appropriation Act—a department mentioned in subsection (1) (a) , (b) , (c) or (d) ; or\nfor a parliamentary annual appropriation Act—the department mentioned in subsection (1) (e) .\nSubject to subsection (4) , an entity is part of a department if—\nthe entity—\nrepresents the State; or\nis established under an Act; or\nis established for a purpose connected with the government of the State; and\nthe entity’s expenditure is payable, wholly or partly, out of—\namounts paid to the department from the consolidated fund; or\nthe controlled receipts of the department.\nFor this Act, an entity mentioned in subsection (1) (b) is taken not to be part of a department mentioned in subsection (1) (a) even if the entity is taken to be part of the department for other purposes.\nExpenditure is not taken to be payable as mentioned in subsection (3) (b) (i) merely because a payment in the nature of an endowment, grant in aid or subsidy may be made to the entity from amounts paid to a department from the consolidated fund.\nIn this section—\nentity does not include a corporation registered under the Corporations Act .\ns 8 amd 2022 No. 34 s 365 sch 3\n(sec.8-ssec.1) Each of the following is a department — a department of government under the Public Sector Act 2022 , section 10 ; an entity for which an accountable officer is appointed under section 65 (2) ; an entity for which an accountable officer is prescribed under section 65 (3) ; the Office of the Governor; the Legislative Assembly and parliamentary service.\n(sec.8-ssec.2) However, a department is— for an ordinary annual appropriation Act—a department mentioned in subsection (1) (a) , (b) , (c) or (d) ; or for a parliamentary annual appropriation Act—the department mentioned in subsection (1) (e) .\n(sec.8-ssec.3) Subject to subsection (4) , an entity is part of a department if— the entity— represents the State; or is established under an Act; or is established for a purpose connected with the government of the State; and the entity’s expenditure is payable, wholly or partly, out of— amounts paid to the department from the consolidated fund; or the controlled receipts of the department.\n(sec.8-ssec.4) For this Act, an entity mentioned in subsection (1) (b) is taken not to be part of a department mentioned in subsection (1) (a) even if the entity is taken to be part of the department for other purposes.\n(sec.8-ssec.5) Expenditure is not taken to be payable as mentioned in subsection (3) (b) (i) merely because a payment in the nature of an endowment, grant in aid or subsidy may be made to the entity from amounts paid to a department from the consolidated fund.\n(sec.8-ssec.6) In this section— entity does not include a corporation registered under the Corporations Act .\n- (a) a department of government under the Public Sector Act 2022 , section 10 ;\n- (b) an entity for which an accountable officer is appointed under section 65 (2) ;\n- (c) an entity for which an accountable officer is prescribed under section 65 (3) ;\n- (d) the Office of the Governor;\n- (e) the Legislative Assembly and parliamentary service.\n- (a) for an ordinary annual appropriation Act—a department mentioned in subsection (1) (a) , (b) , (c) or (d) ; or\n- (b) for a parliamentary annual appropriation Act—the department mentioned in subsection (1) (e) .\n- (a) the entity— (i) represents the State; or (ii) is established under an Act; or (iii) is established for a purpose connected with the government of the State; and\n- (i) represents the State; or\n- (ii) is established under an Act; or\n- (iii) is established for a purpose connected with the government of the State; and\n- (b) the entity’s expenditure is payable, wholly or partly, out of— (i) amounts paid to the department from the consolidated fund; or (ii) the controlled receipts of the department.\n- (i) amounts paid to the department from the consolidated fund; or\n- (ii) the controlled receipts of the department.\n- (i) represents the State; or\n- (ii) is established under an Act; or\n- (iii) is established for a purpose connected with the government of the State; and\n- (i) amounts paid to the department from the consolidated fund; or\n- (ii) the controlled receipts of the department.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of statutory body","content":"### sec.9 Meaning of statutory body\n\nA statutory body is an entity that—\nis established under an Act; and\nhas control of funds; and\nincludes, or whose governing body includes, at least 1 member—\nwho is appointed under an Act by the Governor in Council or a Minister; or\nwhose appointment is approved by the Governor in Council or a Minister.\nHowever, an entity is not a statutory body for this Act if it is—\na department; or\na part of a department as mentioned in section 8 (3) ; or\na local government; or\nan entity prescribed under another Act not to be a statutory body for this Act.\nIf an Act that establishes an entity states that the entity is a statutory body for this Act, the entity—\nis a statutory body for this Act; and\nis not part of a department for this Act despite section 8 (3) .\n(sec.9-ssec.1) A statutory body is an entity that— is established under an Act; and has control of funds; and includes, or whose governing body includes, at least 1 member— who is appointed under an Act by the Governor in Council or a Minister; or whose appointment is approved by the Governor in Council or a Minister.\n(sec.9-ssec.2) However, an entity is not a statutory body for this Act if it is— a department; or a part of a department as mentioned in section 8 (3) ; or a local government; or an entity prescribed under another Act not to be a statutory body for this Act.\n(sec.9-ssec.3) If an Act that establishes an entity states that the entity is a statutory body for this Act, the entity— is a statutory body for this Act; and is not part of a department for this Act despite section 8 (3) .\n- (a) is established under an Act; and\n- (b) has control of funds; and\n- (c) includes, or whose governing body includes, at least 1 member— (i) who is appointed under an Act by the Governor in Council or a Minister; or (ii) whose appointment is approved by the Governor in Council or a Minister.\n- (i) who is appointed under an Act by the Governor in Council or a Minister; or\n- (ii) whose appointment is approved by the Governor in Council or a Minister.\n- (i) who is appointed under an Act by the Governor in Council or a Minister; or\n- (ii) whose appointment is approved by the Governor in Council or a Minister.\n- (a) a department; or\n- (b) a part of a department as mentioned in section 8 (3) ; or\n- (c) a local government; or\n- (d) an entity prescribed under another Act not to be a statutory body for this Act.\n- (a) is a statutory body for this Act; and\n- (b) is not part of a department for this Act despite section 8 (3) .","sortOrder":11},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provisions applying to Ministers","content":"# Provisions applying to Ministers","sortOrder":12},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Objectives of government","content":"## Objectives of government","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Community objectives of government","content":"### sec.10 Community objectives of government\n\nFrom time to time, the Premier must prepare and table in the Legislative Assembly a statement of the State government’s broad objectives for the community.\nThe statement must include details of arrangements for regular reporting to the community about the outcomes the government has achieved against its objectives for the community.\nThe Premier must prepare and table the first statement of broad objectives within 90 days after the commencement of this section.\n(sec.10-ssec.1) From time to time, the Premier must prepare and table in the Legislative Assembly a statement of the State government’s broad objectives for the community.\n(sec.10-ssec.2) The statement must include details of arrangements for regular reporting to the community about the outcomes the government has achieved against its objectives for the community.\n(sec.10-ssec.3) The Premier must prepare and table the first statement of broad objectives within 90 days after the commencement of this section.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Fiscal objectives of government","content":"### sec.11 Fiscal objectives of government\n\nFrom time to time, the Treasurer must prepare and table in the Legislative Assembly a charter of fiscal responsibility giving details of the government’s fiscal objectives.\nThe charter must include details of the fiscal principles that support the government’s fiscal objectives.\nThe Treasurer must report regularly to the Legislative Assembly on the outcomes the government has achieved against the objectives stated in the charter.\nThe Treasurer must prepare and table the first charter of fiscal responsibility within 90 days after the commencement of this section.\n(sec.11-ssec.1) From time to time, the Treasurer must prepare and table in the Legislative Assembly a charter of fiscal responsibility giving details of the government’s fiscal objectives.\n(sec.11-ssec.2) The charter must include details of the fiscal principles that support the government’s fiscal objectives.\n(sec.11-ssec.3) The Treasurer must report regularly to the Legislative Assembly on the outcomes the government has achieved against the objectives stated in the charter.\n(sec.11-ssec.4) The Treasurer must prepare and table the first charter of fiscal responsibility within 90 days after the commencement of this section.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Ministerial offices expenses","content":"## Ministerial offices expenses","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Report of ministerial offices expenses","content":"### sec.12 Report of ministerial offices expenses\n\nThe chief executive of the department in which the Auditor-General Act 2009 is administered must prepare—\na report of expenditure for ministerial offices for the first 6 months of each financial year (a half year report ); and\na report of expenditure for ministerial offices for each financial year (a full year report ).\nThe chief executive mentioned in subsection (1) must sign each report and certify on it that it is an accurate report of expenditure for ministerial offices for the period of the report.\nThe chief executive mentioned in subsection (1) must give the Premier—\nthe half year report for a financial year by 15 February of the financial year; and\nthe full year report for a financial year by 15 August of the next financial year.\n(sec.12-ssec.1) The chief executive of the department in which the Auditor-General Act 2009 is administered must prepare— a report of expenditure for ministerial offices for the first 6 months of each financial year (a half year report ); and a report of expenditure for ministerial offices for each financial year (a full year report ).\n(sec.12-ssec.2) The chief executive mentioned in subsection (1) must sign each report and certify on it that it is an accurate report of expenditure for ministerial offices for the period of the report.\n(sec.12-ssec.3) The chief executive mentioned in subsection (1) must give the Premier— the half year report for a financial year by 15 February of the financial year; and the full year report for a financial year by 15 August of the next financial year.\n- (a) a report of expenditure for ministerial offices for the first 6 months of each financial year (a half year report ); and\n- (b) a report of expenditure for ministerial offices for each financial year (a full year report ).\n- (a) the half year report for a financial year by 15 February of the financial year; and\n- (b) the full year report for a financial year by 15 August of the next financial year.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Tabling of half year report","content":"### sec.13 Tabling of half year report\n\nThe Premier must table each half year report in the Legislative Assembly within 5 sitting days after the Premier receives it.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Audit of full year report","content":"### sec.14 Audit of full year report\n\nThe Premier must, as soon as practicable after receiving a full year report, give it to the auditor-general for a report (the auditor-general’s report ).\nThe auditor-general must give the auditor-general’s report to the Premier by the date agreed between the Premier and the auditor-general.\nThe date agreed must allow the Premier to comply with section 15 .\n(sec.14-ssec.1) The Premier must, as soon as practicable after receiving a full year report, give it to the auditor-general for a report (the auditor-general’s report ).\n(sec.14-ssec.2) The auditor-general must give the auditor-general’s report to the Premier by the date agreed between the Premier and the auditor-general.\n(sec.14-ssec.3) The date agreed must allow the Premier to comply with section 15 .","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Tabling of full year report","content":"### sec.15 Tabling of full year report\n\nThe Premier must table the auditor-general’s report and the full year report in the Legislative Assembly by 31 August of the next financial year mentioned in section 12 (3) (b) .","sortOrder":20},{"sectionNumber":"pt.3","sectionType":"part","heading":"Consolidated fund and Treasurer’s responsibilities","content":"# Consolidated fund and Treasurer’s responsibilities","sortOrder":21},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"The consolidated fund","content":"## The consolidated fund","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Consolidated fund","content":"### sec.16 Consolidated fund\n\nThe consolidated fund established under the Financial Administration and Audit Act 1977 is continued in existence under this Act.","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Accounts for consolidated fund","content":"### sec.17 Accounts for consolidated fund\n\nThe Treasurer must keep ledger accounts for the consolidated fund (the consolidated fund account ) consisting of—\nthe Treasurer’s consolidated fund operating account; and\nthe Treasurer’s consolidated fund investment account.\nAll moneys received by the Treasurer from accountable officers must be recorded as received in the Treasurer’s consolidated fund operating account, including the following—\nall administered receipts;\nall moneys received as repayment of advances or loans, or payment of interest on advances or loans, from the consolidated fund;\nall moneys required under this Act, or another Act or law, to be paid into the consolidated fund;\namounts paid by departments as equity withdrawals.\nOnly the following may be charged to the Treasurer’s consolidated fund operating account—\nmoneys for expenditures authorised to be made by the Treasurer under—\nthis Act; or\nan appropriation Act; or\nan Act that appropriates public moneys, other than an appropriation Act;\nrefunds of moneys incorrectly recorded in the consolidated fund account.\n(sec.17-ssec.1) The Treasurer must keep ledger accounts for the consolidated fund (the consolidated fund account ) consisting of— the Treasurer’s consolidated fund operating account; and the Treasurer’s consolidated fund investment account.\n(sec.17-ssec.2) All moneys received by the Treasurer from accountable officers must be recorded as received in the Treasurer’s consolidated fund operating account, including the following— all administered receipts; all moneys received as repayment of advances or loans, or payment of interest on advances or loans, from the consolidated fund; all moneys required under this Act, or another Act or law, to be paid into the consolidated fund; amounts paid by departments as equity withdrawals.\n(sec.17-ssec.3) Only the following may be charged to the Treasurer’s consolidated fund operating account— moneys for expenditures authorised to be made by the Treasurer under— this Act; or an appropriation Act; or an Act that appropriates public moneys, other than an appropriation Act; refunds of moneys incorrectly recorded in the consolidated fund account.\n- (a) the Treasurer’s consolidated fund operating account; and\n- (b) the Treasurer’s consolidated fund investment account.\n- (a) all administered receipts;\n- (b) all moneys received as repayment of advances or loans, or payment of interest on advances or loans, from the consolidated fund;\n- (c) all moneys required under this Act, or another Act or law, to be paid into the consolidated fund;\n- (d) amounts paid by departments as equity withdrawals.\n- (a) moneys for expenditures authorised to be made by the Treasurer under— (i) this Act; or (ii) an appropriation Act; or (iii) an Act that appropriates public moneys, other than an appropriation Act;\n- (i) this Act; or\n- (ii) an appropriation Act; or\n- (iii) an Act that appropriates public moneys, other than an appropriation Act;\n- (b) refunds of moneys incorrectly recorded in the consolidated fund account.\n- (i) this Act; or\n- (ii) an appropriation Act; or\n- (iii) an Act that appropriates public moneys, other than an appropriation Act;","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Treasurer’s consolidated fund bank account","content":"### sec.18 Treasurer’s consolidated fund bank account\n\nThe Treasurer must keep at a bank an account for the consolidated fund (the Treasurer’s consolidated fund bank account ).\nAll public moneys received by the Treasurer must be paid daily to the credit of the Treasurer’s consolidated fund bank account.\nMoneys may be withdrawn from the Treasurer’s consolidated fund bank account only for—\nrecouping or advancing moneys to a departmental financial institution account under—\nan appropriation Act; or\nanother Act that appropriates the amount involved; or\nan approval for unforeseen expenditure; or\npaying an amount to a department under section 34 ; or\nmaking an investment under section 50 ; or\nrefunding moneys incorrectly paid into the bank account.\nThe Treasurer has power to do all things necessary or convenient to be done for keeping the Treasurer’s consolidated fund bank account.\n(sec.18-ssec.1) The Treasurer must keep at a bank an account for the consolidated fund (the Treasurer’s consolidated fund bank account ).\n(sec.18-ssec.2) All public moneys received by the Treasurer must be paid daily to the credit of the Treasurer’s consolidated fund bank account.\n(sec.18-ssec.3) Moneys may be withdrawn from the Treasurer’s consolidated fund bank account only for— recouping or advancing moneys to a departmental financial institution account under— an appropriation Act; or another Act that appropriates the amount involved; or an approval for unforeseen expenditure; or paying an amount to a department under section 34 ; or making an investment under section 50 ; or refunding moneys incorrectly paid into the bank account.\n(sec.18-ssec.4) The Treasurer has power to do all things necessary or convenient to be done for keeping the Treasurer’s consolidated fund bank account.\n- (a) recouping or advancing moneys to a departmental financial institution account under— (i) an appropriation Act; or (ii) another Act that appropriates the amount involved; or (iii) an approval for unforeseen expenditure; or\n- (i) an appropriation Act; or\n- (ii) another Act that appropriates the amount involved; or\n- (iii) an approval for unforeseen expenditure; or\n- (b) paying an amount to a department under section 34 ; or\n- (c) making an investment under section 50 ; or\n- (d) refunding moneys incorrectly paid into the bank account.\n- (i) an appropriation Act; or\n- (ii) another Act that appropriates the amount involved; or\n- (iii) an approval for unforeseen expenditure; or","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Overdrawn accounts","content":"### sec.19 Overdrawn accounts\n\nThis section applies if—\nthe net credit balance of the Treasurer’s consolidated fund bank account and all the departmental financial institution accounts is overdrawn unintentionally; and\nthe overdrawing is rectified as soon as is practicable.\nThe overdrawing is authorised by this section and a Treasurer’s approval is not needed.\nThis section has effect despite section 18 .\nEach morning departments give the treasury department a forecast of their cash flow for the day. Officers of the treasury department add the total of the departmental forecasts to the net credit balance of the Treasurer’s consolidated fund bank account and all the departmental financial institution accounts, including the treasury offset bank account, to decide the surplus or deficit of moneys on the day. If there is a surplus, it is invested. If the forecasts are incorrect because a department receives less or withdraws more on the day than the department forecast, the net credit balance may be unintentionally overdrawn.\n(sec.19-ssec.1) This section applies if— the net credit balance of the Treasurer’s consolidated fund bank account and all the departmental financial institution accounts is overdrawn unintentionally; and the overdrawing is rectified as soon as is practicable.\n(sec.19-ssec.2) The overdrawing is authorised by this section and a Treasurer’s approval is not needed.\n(sec.19-ssec.3) This section has effect despite section 18 . Each morning departments give the treasury department a forecast of their cash flow for the day. Officers of the treasury department add the total of the departmental forecasts to the net credit balance of the Treasurer’s consolidated fund bank account and all the departmental financial institution accounts, including the treasury offset bank account, to decide the surplus or deficit of moneys on the day. If there is a surplus, it is invested. If the forecasts are incorrect because a department receives less or withdraws more on the day than the department forecast, the net credit balance may be unintentionally overdrawn.\n- (a) the net credit balance of the Treasurer’s consolidated fund bank account and all the departmental financial institution accounts is overdrawn unintentionally; and\n- (b) the overdrawing is rectified as soon as is practicable.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Entries in Treasurer’s consolidated fund operating account","content":"### sec.20 Entries in Treasurer’s consolidated fund operating account\n\nSubsection (2) applies if the Treasurer, in a financial year, pays to a department an amount other than unforeseen expenditure from the consolidated fund.\nThe Treasurer must—\nenter the amount in the Treasurer’s consolidated fund operating account as paid to the department as part of its vote for the financial year; and\nallocate the amount entered to 1 or more of the department’s headings for which the amount was paid.\nEntries for unforeseen expenditure are dealt with under section 36 .\n(sec.20-ssec.1) Subsection (2) applies if the Treasurer, in a financial year, pays to a department an amount other than unforeseen expenditure from the consolidated fund.\n(sec.20-ssec.2) The Treasurer must— enter the amount in the Treasurer’s consolidated fund operating account as paid to the department as part of its vote for the financial year; and allocate the amount entered to 1 or more of the department’s headings for which the amount was paid. Entries for unforeseen expenditure are dealt with under section 36 .\n- (a) enter the amount in the Treasurer’s consolidated fund operating account as paid to the department as part of its vote for the financial year; and\n- (b) allocate the amount entered to 1 or more of the department’s headings for which the amount was paid.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Write-off of losses","content":"### sec.21 Write-off of losses\n\nThe Treasurer may write off losses relating to the consolidated fund account.","sortOrder":28},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Consolidated fund reporting","content":"## Consolidated fund reporting","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Quarterly statement by Treasurer","content":"### sec.22 Quarterly statement by Treasurer\n\nAs soon as practicable after the end of each quarter of a financial year, the Treasurer must prepare a statement for the quarter (the quarterly statement ) of—\nthe amounts received in the quarter by the Treasurer (the received amounts ) that must be recorded as received in the Treasurer’s consolidated fund operating account; and\nfor each department—the amounts paid by the Treasurer in the quarter from the department’s vote (the paid amounts ) from the Treasurer’s consolidated fund operating account, including the amounts allocated to the department’s headings (the heading amounts ); and\nthe opening and closing balances for the quarter of the Treasurer’s consolidated fund bank account and Treasurer’s consolidated fund investment account.\nA quarterly statement must not include a controlled receipt appropriated under section 28 .\nA quarterly statement for the second, third or fourth quarter of a financial year must also include the received amounts, paid amounts and heading amounts for the financial year up to and including the end of the quarter.\nAlso, a quarterly statement must include comparative figures for—\nreceived amounts, paid amounts, heading amounts and quarterly balances for the corresponding quarter of the immediately preceding financial year; and\nfor a quarterly statement for the second, third or fourth quarter—the cumulative received amounts, paid amounts and heading amounts for the immediately preceding financial year.\nAs soon as practicable after a quarterly statement is prepared for the first, second or third quarter of a financial year, the Treasurer must make the statement publicly available.\npublishing the statement on the treasury department’s website\nIf the Treasurer pays an amount from, or receives an amount into, the consolidated fund account within the further 2 weeks for the financial year to which the payment or receipt relates, the Treasurer must ensure the amount is included in—\nthe quarterly statement for the fourth quarter of the financial year; and\nthe consolidated fund financial report for the financial year if the received amount is—\nthe return of appropriation paid in excess of the appropriation authorised for the financial year for a department; or\nan equity withdrawal from a department for the financial year.\ns 22 amd 2013 No. 39 s 3\n(sec.22-ssec.1) As soon as practicable after the end of each quarter of a financial year, the Treasurer must prepare a statement for the quarter (the quarterly statement ) of— the amounts received in the quarter by the Treasurer (the received amounts ) that must be recorded as received in the Treasurer’s consolidated fund operating account; and for each department—the amounts paid by the Treasurer in the quarter from the department’s vote (the paid amounts ) from the Treasurer’s consolidated fund operating account, including the amounts allocated to the department’s headings (the heading amounts ); and the opening and closing balances for the quarter of the Treasurer’s consolidated fund bank account and Treasurer’s consolidated fund investment account.\n(sec.22-ssec.2) A quarterly statement must not include a controlled receipt appropriated under section 28 .\n(sec.22-ssec.3) A quarterly statement for the second, third or fourth quarter of a financial year must also include the received amounts, paid amounts and heading amounts for the financial year up to and including the end of the quarter.\n(sec.22-ssec.4) Also, a quarterly statement must include comparative figures for— received amounts, paid amounts, heading amounts and quarterly balances for the corresponding quarter of the immediately preceding financial year; and for a quarterly statement for the second, third or fourth quarter—the cumulative received amounts, paid amounts and heading amounts for the immediately preceding financial year.\n(sec.22-ssec.5) As soon as practicable after a quarterly statement is prepared for the first, second or third quarter of a financial year, the Treasurer must make the statement publicly available. publishing the statement on the treasury department’s website\n(sec.22-ssec.6) If the Treasurer pays an amount from, or receives an amount into, the consolidated fund account within the further 2 weeks for the financial year to which the payment or receipt relates, the Treasurer must ensure the amount is included in— the quarterly statement for the fourth quarter of the financial year; and the consolidated fund financial report for the financial year if the received amount is— the return of appropriation paid in excess of the appropriation authorised for the financial year for a department; or an equity withdrawal from a department for the financial year.\n- (a) the amounts received in the quarter by the Treasurer (the received amounts ) that must be recorded as received in the Treasurer’s consolidated fund operating account; and\n- (b) for each department—the amounts paid by the Treasurer in the quarter from the department’s vote (the paid amounts ) from the Treasurer’s consolidated fund operating account, including the amounts allocated to the department’s headings (the heading amounts ); and\n- (c) the opening and closing balances for the quarter of the Treasurer’s consolidated fund bank account and Treasurer’s consolidated fund investment account.\n- (a) received amounts, paid amounts, heading amounts and quarterly balances for the corresponding quarter of the immediately preceding financial year; and\n- (b) for a quarterly statement for the second, third or fourth quarter—the cumulative received amounts, paid amounts and heading amounts for the immediately preceding financial year.\n- (a) the quarterly statement for the fourth quarter of the financial year; and\n- (b) the consolidated fund financial report for the financial year if the received amount is— (i) the return of appropriation paid in excess of the appropriation authorised for the financial year for a department; or (ii) an equity withdrawal from a department for the financial year.\n- (i) the return of appropriation paid in excess of the appropriation authorised for the financial year for a department; or\n- (ii) an equity withdrawal from a department for the financial year.\n- (i) the return of appropriation paid in excess of the appropriation authorised for the financial year for a department; or\n- (ii) an equity withdrawal from a department for the financial year.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Consolidated fund financial report","content":"### sec.23 Consolidated fund financial report\n\nThis section applies to the quarterly statement the Treasurer must prepare under section 22 for the fourth quarter of a financial year (the consolidated fund financial report ).\nIn addition to the matters included under section 22 , the Treasurer must include the following, for each department, in the consolidated fund financial report for the financial year—\nthe department’s vote, and the amounts for application to the department’s headings, under the annual appropriation Acts for the financial year;\nany change under this Act to the department’s vote or the amounts for application to 1 or more of the department’s headings;\nthe total amount paid to the department for the financial year and the amounts allocated to the department’s headings;\namounts paid to the department as unforeseen expenditure and particulars of the amounts;\namounts appropriated to the department for the financial year that have lapsed under section 29 (3) ;\namounts written off by the Treasurer under section 21 as losses relating to the consolidated fund account.\nThe consolidated fund financial report must not include a controlled receipt appropriated under section 28 .\nThe Treasurer must, under section 24 , sign the consolidated fund financial report and give it to the auditor-general for a report by the auditor-general.\nWithin 14 days after the auditor-general returns the consolidated fund financial report to the Treasurer with the auditor-general’s report, the Treasurer must table the reports in the Legislative Assembly.\n(sec.23-ssec.1) This section applies to the quarterly statement the Treasurer must prepare under section 22 for the fourth quarter of a financial year (the consolidated fund financial report ).\n(sec.23-ssec.2) In addition to the matters included under section 22 , the Treasurer must include the following, for each department, in the consolidated fund financial report for the financial year— the department’s vote, and the amounts for application to the department’s headings, under the annual appropriation Acts for the financial year; any change under this Act to the department’s vote or the amounts for application to 1 or more of the department’s headings; the total amount paid to the department for the financial year and the amounts allocated to the department’s headings; amounts paid to the department as unforeseen expenditure and particulars of the amounts; amounts appropriated to the department for the financial year that have lapsed under section 29 (3) ; amounts written off by the Treasurer under section 21 as losses relating to the consolidated fund account.\n(sec.23-ssec.3) The consolidated fund financial report must not include a controlled receipt appropriated under section 28 .\n(sec.23-ssec.4) The Treasurer must, under section 24 , sign the consolidated fund financial report and give it to the auditor-general for a report by the auditor-general.\n(sec.23-ssec.5) Within 14 days after the auditor-general returns the consolidated fund financial report to the Treasurer with the auditor-general’s report, the Treasurer must table the reports in the Legislative Assembly.\n- (a) the department’s vote, and the amounts for application to the department’s headings, under the annual appropriation Acts for the financial year;\n- (b) any change under this Act to the department’s vote or the amounts for application to 1 or more of the department’s headings;\n- (c) the total amount paid to the department for the financial year and the amounts allocated to the department’s headings;\n- (d) amounts paid to the department as unforeseen expenditure and particulars of the amounts;\n- (e) amounts appropriated to the department for the financial year that have lapsed under section 29 (3) ;\n- (f) amounts written off by the Treasurer under section 21 as losses relating to the consolidated fund account.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Timing for giving consolidated fund financial report to auditor-general","content":"### sec.24 Timing for giving consolidated fund financial report to auditor-general\n\nFor section 23 (4) , the Treasurer must sign the consolidated fund financial report and give it to the auditor-general by a date agreed between the Treasurer and the auditor-general.\nThe agreed date must be one that allows the audit of the consolidated fund financial report, and auditor-general’s report for the consolidated fund financial report, to be completed no later than 3 months after the end of the financial year to which the consolidated fund financial report relates.\nHowever, if the Treasurer considers there is a whole-of-government reason that makes it impracticable to give the consolidated fund financial report for the financial year to the auditor-general by the date agreed under subsection (1) , the Treasurer may give it to the auditor-general by a later date agreed with the auditor-general.\ncomplex end of financial year changes to the machinery of government\nThe later date must allow the audit of the consolidated fund financial report, and the auditor-general’s report for the consolidated fund financial report, to be completed no later than 6 months after the end of the financial year to which the consolidated fund financial report relates.\n(sec.24-ssec.1) For section 23 (4) , the Treasurer must sign the consolidated fund financial report and give it to the auditor-general by a date agreed between the Treasurer and the auditor-general.\n(sec.24-ssec.2) The agreed date must be one that allows the audit of the consolidated fund financial report, and auditor-general’s report for the consolidated fund financial report, to be completed no later than 3 months after the end of the financial year to which the consolidated fund financial report relates.\n(sec.24-ssec.3) However, if the Treasurer considers there is a whole-of-government reason that makes it impracticable to give the consolidated fund financial report for the financial year to the auditor-general by the date agreed under subsection (1) , the Treasurer may give it to the auditor-general by a later date agreed with the auditor-general. complex end of financial year changes to the machinery of government\n(sec.24-ssec.4) The later date must allow the audit of the consolidated fund financial report, and the auditor-general’s report for the consolidated fund financial report, to be completed no later than 6 months after the end of the financial year to which the consolidated fund financial report relates.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Consolidated whole-of-government financial statements","content":"### sec.25 Consolidated whole-of-government financial statements\n\nThe Treasurer must prepare, under the prescribed requirements, the following financial statements for each financial year (together the consolidated whole-of-government financial statements )—\nfinancial statements for the whole of government;\nfinancial statements for the general government sector.\nThe consolidated whole-of-government financial statements must be prepared within 6 months after the end of each financial year or a later date agreed between the Treasurer and the auditor-general.\nThe Treasurer, the under-Treasurer and the most senior officer of the department responsible for preparing the statements (the officers ) must each sign the statements and certify on the statements whether, in the opinion of each of them, the statements have been properly drawn up, under the prescribed requirements, to present a true and fair view of—\nthe financial operations and cash flows of the State for the financial year; and\nthe financial position at the end of the financial year to which the statements relate.\nAs soon as practicable after the statements have been prepared and certified by the officers, the Treasurer must send the statements to the auditor-general for a report by the auditor-general.\nWithin 14 days after the auditor-general returns the statements to the Treasurer with the auditor-general’s report, the Treasurer must table the statements and report in the Legislative Assembly.\nIn this section—\ngeneral government sector means the institutional sector comprising all government units and non-profit institutions controlled and mainly financed by government, as defined in Australian Accounting Standard AASB 1049.\nThe standard is available on the Australian Accounting Standards Board website at www.aasb.gov.au .\n(sec.25-ssec.1) The Treasurer must prepare, under the prescribed requirements, the following financial statements for each financial year (together the consolidated whole-of-government financial statements )— financial statements for the whole of government; financial statements for the general government sector.\n(sec.25-ssec.2) The consolidated whole-of-government financial statements must be prepared within 6 months after the end of each financial year or a later date agreed between the Treasurer and the auditor-general.\n(sec.25-ssec.3) The Treasurer, the under-Treasurer and the most senior officer of the department responsible for preparing the statements (the officers ) must each sign the statements and certify on the statements whether, in the opinion of each of them, the statements have been properly drawn up, under the prescribed requirements, to present a true and fair view of— the financial operations and cash flows of the State for the financial year; and the financial position at the end of the financial year to which the statements relate.\n(sec.25-ssec.4) As soon as practicable after the statements have been prepared and certified by the officers, the Treasurer must send the statements to the auditor-general for a report by the auditor-general.\n(sec.25-ssec.5) Within 14 days after the auditor-general returns the statements to the Treasurer with the auditor-general’s report, the Treasurer must table the statements and report in the Legislative Assembly.\n(sec.25-ssec.6) In this section— general government sector means the institutional sector comprising all government units and non-profit institutions controlled and mainly financed by government, as defined in Australian Accounting Standard AASB 1049. The standard is available on the Australian Accounting Standards Board website at www.aasb.gov.au .\n- (a) financial statements for the whole of government;\n- (b) financial statements for the general government sector.\n- (a) the financial operations and cash flows of the State for the financial year; and\n- (b) the financial position at the end of the financial year to which the statements relate.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Information for preparing consolidated whole-of-government financial statements","content":"### sec.26 Information for preparing consolidated whole-of-government financial statements\n\nThe Treasurer may exercise a power under this section only if the Treasurer considers it is necessary to do so—\nfor preparing the consolidated whole-of-government financial statements for a financial year; or\nfor whole-of-government budgeting or monitoring purposes.\nThe Treasurer may, by notice given to the accountable officer of a department or to a statutory body, ask the officer or body to give information to the Treasurer.\nThe notice must state the following—\nparticulars of the information that must be given;\nthe date by which the information must be given.\nThe accountable officer or statutory body must comply with the notice.\n(sec.26-ssec.1) The Treasurer may exercise a power under this section only if the Treasurer considers it is necessary to do so— for preparing the consolidated whole-of-government financial statements for a financial year; or for whole-of-government budgeting or monitoring purposes.\n(sec.26-ssec.2) The Treasurer may, by notice given to the accountable officer of a department or to a statutory body, ask the officer or body to give information to the Treasurer.\n(sec.26-ssec.3) The notice must state the following— particulars of the information that must be given; the date by which the information must be given.\n(sec.26-ssec.4) The accountable officer or statutory body must comply with the notice.\n- (a) for preparing the consolidated whole-of-government financial statements for a financial year; or\n- (b) for whole-of-government budgeting or monitoring purposes.\n- (a) particulars of the information that must be given;\n- (b) the date by which the information must be given.","sortOrder":34},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Appropriations","content":"## Appropriations","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Annual appropriation Acts","content":"### sec.27 Annual appropriation Acts\n\nFor each financial year, the Treasurer must present to the Legislative Assembly—\na Bill for an ordinary annual appropriation Act for the financial year; and\na Bill for a parliamentary annual appropriation Act for the financial year.\n- (a) a Bill for an ordinary annual appropriation Act for the financial year; and\n- (b) a Bill for a parliamentary annual appropriation Act for the financial year.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Appropriation of particular controlled receipts","content":"### sec.28 Appropriation of particular controlled receipts\n\nA department’s controlled receipts may be retained by the department.\nFor each financial year, the consolidated fund is appropriated for application to the departmental services, administered items and equity adjustment of the department in an amount equal to the department’s controlled receipts for the financial year.\nIn subsection (2) —\ncontrolled receipts does not include a controlled receipt mentioned in section 7 (2) (i) .\n(sec.28-ssec.1) A department’s controlled receipts may be retained by the department.\n(sec.28-ssec.2) For each financial year, the consolidated fund is appropriated for application to the departmental services, administered items and equity adjustment of the department in an amount equal to the department’s controlled receipts for the financial year.\n(sec.28-ssec.3) In subsection (2) — controlled receipts does not include a controlled receipt mentioned in section 7 (2) (i) .","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Availability of appropriated amount for payment to departments","content":"### sec.29 Availability of appropriated amount for payment to departments\n\nThe total amount appropriated for a department for a financial year under an annual appropriation Act (the available amount ) is available for the Treasurer to pay to the department in the financial year or within the further 2 weeks.\nThe Treasurer may pay an amount from the available amount for a department if the payment is made for a departmental service, administered item or equity adjustment—\ndelivered in the financial year or the previous financial year; or\nto be delivered in the financial year or in the next financial year.\nIf all of the available amount for a financial year is not paid to the department under this section in the financial year or within the further 2 weeks, the unpaid amount of the appropriation lapses at the end of the further 2 weeks.\n(sec.29-ssec.1) The total amount appropriated for a department for a financial year under an annual appropriation Act (the available amount ) is available for the Treasurer to pay to the department in the financial year or within the further 2 weeks.\n(sec.29-ssec.2) The Treasurer may pay an amount from the available amount for a department if the payment is made for a departmental service, administered item or equity adjustment— delivered in the financial year or the previous financial year; or to be delivered in the financial year or in the next financial year.\n(sec.29-ssec.3) If all of the available amount for a financial year is not paid to the department under this section in the financial year or within the further 2 weeks, the unpaid amount of the appropriation lapses at the end of the further 2 weeks.\n- (a) delivered in the financial year or the previous financial year; or\n- (b) to be delivered in the financial year or in the next financial year.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Payment of equity withdrawal under annual appropriation Act","content":"### sec.30 Payment of equity withdrawal under annual appropriation Act\n\nThis section applies if, under an annual appropriation Act for a financial year, the equity adjustment of a department is an equity withdrawal.\nOn payment by the accountable officer of the department of the equity withdrawal to the Treasurer, the Treasurer must—\nenter the amount in the Treasurer’s consolidated fund operating account to the department’s vote for the financial year; and\ncredit the amount to the heading in the ledger for equity adjustment.\n(sec.30-ssec.1) This section applies if, under an annual appropriation Act for a financial year, the equity adjustment of a department is an equity withdrawal.\n(sec.30-ssec.2) On payment by the accountable officer of the department of the equity withdrawal to the Treasurer, the Treasurer must— enter the amount in the Treasurer’s consolidated fund operating account to the department’s vote for the financial year; and credit the amount to the heading in the ledger for equity adjustment.\n- (a) enter the amount in the Treasurer’s consolidated fund operating account to the department’s vote for the financial year; and\n- (b) credit the amount to the heading in the ledger for equity adjustment.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Supply before ordinary annual appropriation Act for financial year","content":"### sec.31 Supply before ordinary annual appropriation Act for financial year\n\nThis section applies if, before the enactment of the ordinary annual appropriation Act for a financial year, the Legislative Assembly authorises the payment of an amount (the ordinary supply amount ) from the consolidated fund to departments, other than the Legislative Assembly and parliamentary service, but does not appropriate a total amount for each of the departments for the financial year.\nThe Treasurer must prepare a statement setting out—\nthe total amount available for each of the departments from the ordinary supply amount; and\nthe way the total amount available for each of the departments is to be applied.\nAs soon as practicable after preparing the statement, the Treasurer must give notice to the accountable officer of each of the departments about—\nthe total amount available for the department from the ordinary supply amount before the enactment of the ordinary annual appropriation Act; and\nthe way the total amount available for the department is to be applied.\nThe Treasurer may pay an amount to a department under the statement.\nA payment under the statement is taken to be authorised by the ordinary annual appropriation Act for the financial year.\n(sec.31-ssec.1) This section applies if, before the enactment of the ordinary annual appropriation Act for a financial year, the Legislative Assembly authorises the payment of an amount (the ordinary supply amount ) from the consolidated fund to departments, other than the Legislative Assembly and parliamentary service, but does not appropriate a total amount for each of the departments for the financial year.\n(sec.31-ssec.2) The Treasurer must prepare a statement setting out— the total amount available for each of the departments from the ordinary supply amount; and the way the total amount available for each of the departments is to be applied.\n(sec.31-ssec.3) As soon as practicable after preparing the statement, the Treasurer must give notice to the accountable officer of each of the departments about— the total amount available for the department from the ordinary supply amount before the enactment of the ordinary annual appropriation Act; and the way the total amount available for the department is to be applied.\n(sec.31-ssec.4) The Treasurer may pay an amount to a department under the statement.\n(sec.31-ssec.5) A payment under the statement is taken to be authorised by the ordinary annual appropriation Act for the financial year.\n- (a) the total amount available for each of the departments from the ordinary supply amount; and\n- (b) the way the total amount available for each of the departments is to be applied.\n- (a) the total amount available for the department from the ordinary supply amount before the enactment of the ordinary annual appropriation Act; and\n- (b) the way the total amount available for the department is to be applied.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Supply before parliamentary annual appropriation Act for financial year","content":"### sec.32 Supply before parliamentary annual appropriation Act for financial year\n\nThis section applies if, before the enactment of the parliamentary annual appropriation Act for a financial year, the Legislative Assembly—\nauthorises the payment of an amount (the parliamentary supply amount ) from the consolidated fund for the Legislative Assembly and parliamentary service; but\ndoes not appropriate the amount for the Legislative Assembly or parliamentary service for the financial year.\nThe Treasurer must prepare a statement setting out the amount available for the Legislative Assembly and parliamentary service from the parliamentary supply amount.\nAs soon as practicable after preparing the statement, the Treasurer must give notice to the Clerk of the Parliament about the amount available for the Legislative Assembly and parliamentary service from the parliamentary supply amount before the enactment of the parliamentary annual appropriation Act.\nThe Treasurer may pay an amount to the Legislative Assembly and parliamentary service under the statement.\nA payment under the statement is taken to be authorised by the parliamentary annual appropriation Act for the financial year.\n(sec.32-ssec.1) This section applies if, before the enactment of the parliamentary annual appropriation Act for a financial year, the Legislative Assembly— authorises the payment of an amount (the parliamentary supply amount ) from the consolidated fund for the Legislative Assembly and parliamentary service; but does not appropriate the amount for the Legislative Assembly or parliamentary service for the financial year.\n(sec.32-ssec.2) The Treasurer must prepare a statement setting out the amount available for the Legislative Assembly and parliamentary service from the parliamentary supply amount.\n(sec.32-ssec.3) As soon as practicable after preparing the statement, the Treasurer must give notice to the Clerk of the Parliament about the amount available for the Legislative Assembly and parliamentary service from the parliamentary supply amount before the enactment of the parliamentary annual appropriation Act.\n(sec.32-ssec.4) The Treasurer may pay an amount to the Legislative Assembly and parliamentary service under the statement.\n(sec.32-ssec.5) A payment under the statement is taken to be authorised by the parliamentary annual appropriation Act for the financial year.\n- (a) authorises the payment of an amount (the parliamentary supply amount ) from the consolidated fund for the Legislative Assembly and parliamentary service; but\n- (b) does not appropriate the amount for the Legislative Assembly or parliamentary service for the financial year.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Varying the amounts of department’s headings","content":"### sec.33 Varying the amounts of department’s headings\n\nSubsection (2) applies if the Treasurer considers there is—\na surplus in 1 or more of the headings of a department for a financial year; and\na deficiency in 1 or more other headings of the department.\nThe Treasurer may allocate an amount to the heading or headings that are deficient from the heading or headings in surplus.\nAs soon as practicable after the Treasurer allocates the amount, the Treasurer must give notice to the accountable officer of the department about the surplus, deficiency and allocation of the amount.\nSubsection (2) does not authorise the Treasurer to pay more than the department’s vote for the financial year.\n(sec.33-ssec.1) Subsection (2) applies if the Treasurer considers there is— a surplus in 1 or more of the headings of a department for a financial year; and a deficiency in 1 or more other headings of the department.\n(sec.33-ssec.2) The Treasurer may allocate an amount to the heading or headings that are deficient from the heading or headings in surplus.\n(sec.33-ssec.3) As soon as practicable after the Treasurer allocates the amount, the Treasurer must give notice to the accountable officer of the department about the surplus, deficiency and allocation of the amount.\n(sec.33-ssec.4) Subsection (2) does not authorise the Treasurer to pay more than the department’s vote for the financial year.\n- (a) a surplus in 1 or more of the headings of a department for a financial year; and\n- (b) a deficiency in 1 or more other headings of the department.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"When part of vote for treasury department may be applied for headings of another department","content":"### sec.34 When part of vote for treasury department may be applied for headings of another department\n\nThis section applies if—\nan amount (the Treasurer’s advance ) is included in the vote for the treasury department for a financial year for purposes that may be delivered by any department; and\nthe Treasurer is satisfied a particular department (the delivering department ) is to achieve 1 or more of the purposes by delivering a departmental service, administered item or equity adjustment for which the vote for the delivering department for the financial year did not provide or sufficiently provide.\nThe Treasurer may pay to the delivering department a part of the Treasurer’s advance that the Treasurer considers reflects the value of the service, item or adjustment to be delivered in the financial year by the delivering department.\nThe Treasurer may pay an amount to the delivering department even though the amount appropriated to the department under the relevant annual appropriation Act for the financial year will be exceeded.\nThe Treasurer must make appropriate entries for the payment in the accounts of the treasury department and the delivering department.\n(sec.34-ssec.1) This section applies if— an amount (the Treasurer’s advance ) is included in the vote for the treasury department for a financial year for purposes that may be delivered by any department; and the Treasurer is satisfied a particular department (the delivering department ) is to achieve 1 or more of the purposes by delivering a departmental service, administered item or equity adjustment for which the vote for the delivering department for the financial year did not provide or sufficiently provide.\n(sec.34-ssec.2) The Treasurer may pay to the delivering department a part of the Treasurer’s advance that the Treasurer considers reflects the value of the service, item or adjustment to be delivered in the financial year by the delivering department.\n(sec.34-ssec.3) The Treasurer may pay an amount to the delivering department even though the amount appropriated to the department under the relevant annual appropriation Act for the financial year will be exceeded.\n(sec.34-ssec.4) The Treasurer must make appropriate entries for the payment in the accounts of the treasury department and the delivering department.\n- (a) an amount (the Treasurer’s advance ) is included in the vote for the treasury department for a financial year for purposes that may be delivered by any department; and\n- (b) the Treasurer is satisfied a particular department (the delivering department ) is to achieve 1 or more of the purposes by delivering a departmental service, administered item or equity adjustment for which the vote for the delivering department for the financial year did not provide or sufficiently provide.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Unforeseen expenditure","content":"### sec.35 Unforeseen expenditure\n\nSubsection (2) applies if the Governor in Council decides, on the recommendation of the Treasurer, during a financial year or within the further 4 weeks, that expenditure is required from the consolidated fund for the financial year for which—\nthere is no appropriation; or\nthere is an appropriation but the making or charging of the expenditure to a department’s vote would mean the amount allocated to the vote would be exceeded.\nThe Governor in Council may authorise the expenditure (the unforeseen expenditure ) to be—\nmade before an appropriation of an amount for the expenditure; and\ncharged as unforeseen expenditure to the consolidated fund; and\nallocated, as directed by the Governor in Council, to 1 or more of the department’s headings.\n(sec.35-ssec.1) Subsection (2) applies if the Governor in Council decides, on the recommendation of the Treasurer, during a financial year or within the further 4 weeks, that expenditure is required from the consolidated fund for the financial year for which— there is no appropriation; or there is an appropriation but the making or charging of the expenditure to a department’s vote would mean the amount allocated to the vote would be exceeded.\n(sec.35-ssec.2) The Governor in Council may authorise the expenditure (the unforeseen expenditure ) to be— made before an appropriation of an amount for the expenditure; and charged as unforeseen expenditure to the consolidated fund; and allocated, as directed by the Governor in Council, to 1 or more of the department’s headings.\n- (a) there is no appropriation; or\n- (b) there is an appropriation but the making or charging of the expenditure to a department’s vote would mean the amount allocated to the vote would be exceeded.\n- (a) made before an appropriation of an amount for the expenditure; and\n- (b) charged as unforeseen expenditure to the consolidated fund; and\n- (c) allocated, as directed by the Governor in Council, to 1 or more of the department’s headings.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Entries in Treasurer’s consolidated fund operating account for unforeseen expenditure","content":"### sec.36 Entries in Treasurer’s consolidated fund operating account for unforeseen expenditure\n\nIf an amount is paid from the consolidated fund as unforeseen expenditure for a financial year, the Treasurer must, in the Treasurer’s consolidated fund operating account for the financial year, enter the amount to 1 or more of the headings stated in the Governor in Council’s authority for the unforeseen expenditure.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Entries by Treasurer on repayment of incorrectly paid amounts","content":"### sec.37 Entries by Treasurer on repayment of incorrectly paid amounts\n\nThis section applies to an amount, or part of an amount (the incorrectly paid amount )—\nthat was paid to a department by the Treasurer from the consolidated fund in error or by overpayment; or\nthat was—\npaid to a department by the Treasurer from the consolidated fund in error or by overpayment for a non-departmental service to be delivered by a statutory body; and\nrepaid by the statutory body to the department for payment to the Treasurer.\nThe accountable officer of the department must pay the Treasurer the incorrectly paid amount.\nOn payment of the incorrectly paid amount to the Treasurer in the same financial year in which it was paid to the department, or within the further 2 weeks, the Treasurer must—\ncredit the amount to the vote of the department for the financial year; and\nallocate the amount to the appropriate heading or headings of the department in the Treasurer’s consolidated fund operating account for the year.\nOn payment of the incorrectly paid amount to the Treasurer after the further 2 weeks of the financial year in which it was paid to the department, the Treasurer must enter the amount as a receipt in the Treasurer’s consolidated fund operating account for the next financial year.\nOn receipt of the incorrectly paid amount, the Treasurer must pay it into the consolidated fund bank account.\n(sec.37-ssec.1) This section applies to an amount, or part of an amount (the incorrectly paid amount )— that was paid to a department by the Treasurer from the consolidated fund in error or by overpayment; or that was— paid to a department by the Treasurer from the consolidated fund in error or by overpayment for a non-departmental service to be delivered by a statutory body; and repaid by the statutory body to the department for payment to the Treasurer.\n(sec.37-ssec.2) The accountable officer of the department must pay the Treasurer the incorrectly paid amount.\n(sec.37-ssec.3) On payment of the incorrectly paid amount to the Treasurer in the same financial year in which it was paid to the department, or within the further 2 weeks, the Treasurer must— credit the amount to the vote of the department for the financial year; and allocate the amount to the appropriate heading or headings of the department in the Treasurer’s consolidated fund operating account for the year.\n(sec.37-ssec.4) On payment of the incorrectly paid amount to the Treasurer after the further 2 weeks of the financial year in which it was paid to the department, the Treasurer must enter the amount as a receipt in the Treasurer’s consolidated fund operating account for the next financial year.\n(sec.37-ssec.5) On receipt of the incorrectly paid amount, the Treasurer must pay it into the consolidated fund bank account.\n- (a) that was paid to a department by the Treasurer from the consolidated fund in error or by overpayment; or\n- (b) that was— (i) paid to a department by the Treasurer from the consolidated fund in error or by overpayment for a non-departmental service to be delivered by a statutory body; and (ii) repaid by the statutory body to the department for payment to the Treasurer.\n- (i) paid to a department by the Treasurer from the consolidated fund in error or by overpayment for a non-departmental service to be delivered by a statutory body; and\n- (ii) repaid by the statutory body to the department for payment to the Treasurer.\n- (i) paid to a department by the Treasurer from the consolidated fund in error or by overpayment for a non-departmental service to be delivered by a statutory body; and\n- (ii) repaid by the statutory body to the department for payment to the Treasurer.\n- (a) credit the amount to the vote of the department for the financial year; and\n- (b) allocate the amount to the appropriate heading or headings of the department in the Treasurer’s consolidated fund operating account for the year.","sortOrder":46},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Approvals by Treasurer","content":"## Approvals by Treasurer","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Definition for div 4","content":"### sec.38 Definition for div 4\n\nIn this division—\ndepartment includes the accountable officer of the department.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Exercise of power by department or statutory body","content":"### sec.39 Exercise of power by department or statutory body\n\nThis division applies if a power under this Act may be exercised by a department or a statutory body under a Treasurer’s approval.\nThe department or statutory body may exercise the power only if—\nan approval under section 40 applies to the department or body; or\nthe exercise of the power is the subject of an approval under section 43 .\n(sec.39-ssec.1) This division applies if a power under this Act may be exercised by a department or a statutory body under a Treasurer’s approval.\n(sec.39-ssec.2) The department or statutory body may exercise the power only if— an approval under section 40 applies to the department or body; or the exercise of the power is the subject of an approval under section 43 .\n- (a) an approval under section 40 applies to the department or body; or\n- (b) the exercise of the power is the subject of an approval under section 43 .","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Treasurer’s general approval","content":"### sec.40 Treasurer’s general approval\n\nThe Treasurer may, by gazette notice, approve the exercise of powers under this Act by departments and statutory bodies (a Treasurer’s general approval ).\nThe Treasurer’s general approval may—\napply generally to all departments, statutory bodies, powers and matters; or\nbe limited in its application to—\nparticular departments, statutory bodies, powers or matters; or\nparticular classes of departments, statutory bodies, powers or matters; or\nbe limited in its application by reference to stated exceptions or factors.\nAlso, the approval may—\nmake different provision for—\ndifferent departments, statutory bodies, powers or matters; or\ndifferent classes of departments, statutory bodies, powers or matters; or\napply differently to stated exceptions or factors.\nA Treasurer’s general approval may apply to a department or statutory body even if the department or body was not established when the approval was given.\n(sec.40-ssec.1) The Treasurer may, by gazette notice, approve the exercise of powers under this Act by departments and statutory bodies (a Treasurer’s general approval ).\n(sec.40-ssec.2) The Treasurer’s general approval may— apply generally to all departments, statutory bodies, powers and matters; or be limited in its application to— particular departments, statutory bodies, powers or matters; or particular classes of departments, statutory bodies, powers or matters; or be limited in its application by reference to stated exceptions or factors.\n(sec.40-ssec.3) Also, the approval may— make different provision for— different departments, statutory bodies, powers or matters; or different classes of departments, statutory bodies, powers or matters; or apply differently to stated exceptions or factors.\n(sec.40-ssec.4) A Treasurer’s general approval may apply to a department or statutory body even if the department or body was not established when the approval was given.\n- (a) apply generally to all departments, statutory bodies, powers and matters; or\n- (b) be limited in its application to— (i) particular departments, statutory bodies, powers or matters; or (ii) particular classes of departments, statutory bodies, powers or matters; or\n- (i) particular departments, statutory bodies, powers or matters; or\n- (ii) particular classes of departments, statutory bodies, powers or matters; or\n- (c) be limited in its application by reference to stated exceptions or factors.\n- (i) particular departments, statutory bodies, powers or matters; or\n- (ii) particular classes of departments, statutory bodies, powers or matters; or\n- (a) make different provision for— (i) different departments, statutory bodies, powers or matters; or (ii) different classes of departments, statutory bodies, powers or matters; or\n- (i) different departments, statutory bodies, powers or matters; or\n- (ii) different classes of departments, statutory bodies, powers or matters; or\n- (b) apply differently to stated exceptions or factors.\n- (i) different departments, statutory bodies, powers or matters; or\n- (ii) different classes of departments, statutory bodies, powers or matters; or","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application for Treasurer’s specific approval","content":"### sec.41 Application for Treasurer’s specific approval\n\nA department or statutory body may apply to the Treasurer for approval of the exercise of a power under this Act (a Treasurer’s specific approval ).\nThe application—\nmust be in writing; and\nmay relate to the exercise of the power generally or in relation to a particular matter.\nIf the Treasurer considers the approval should be given as a Treasurer’s general approval, the Treasurer may deal with the application by giving an approval under section 40 that applies to the applicant.\n(sec.41-ssec.1) A department or statutory body may apply to the Treasurer for approval of the exercise of a power under this Act (a Treasurer’s specific approval ).\n(sec.41-ssec.2) The application— must be in writing; and may relate to the exercise of the power generally or in relation to a particular matter.\n(sec.41-ssec.3) If the Treasurer considers the approval should be given as a Treasurer’s general approval, the Treasurer may deal with the application by giving an approval under section 40 that applies to the applicant.\n- (a) must be in writing; and\n- (b) may relate to the exercise of the power generally or in relation to a particular matter.","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Requirement to give documents or information","content":"### sec.42 Requirement to give documents or information\n\nThe Treasurer may, by notice to the department or statutory body, require it to give the Treasurer a document or information the Treasurer considers necessary for considering the department’s or the body’s application.","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Decision on application","content":"### sec.43 Decision on application\n\nThe Treasurer may approve all or part of the application or refuse the application.\nA Treasurer’s specific approval may be on written conditions the Treasurer considers appropriate.\nThe Treasurer must inform the applicant, in writing, of the decision and, if the application is approved, any conditions of the approval.\n(sec.43-ssec.1) The Treasurer may approve all or part of the application or refuse the application.\n(sec.43-ssec.2) A Treasurer’s specific approval may be on written conditions the Treasurer considers appropriate.\n(sec.43-ssec.3) The Treasurer must inform the applicant, in writing, of the decision and, if the application is approved, any conditions of the approval.","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Amendment or repeal of Treasurer’s specific approval","content":"### sec.44 Amendment or repeal of Treasurer’s specific approval\n\nA department or statutory body may apply to the Treasurer for amendment or repeal of a Treasurer’s specific approval.\nThe application—\nmust be in writing; and\nstate the reasons for the amendment or repeal.\nSections 41 (3) , 42 and 43 apply to the application as if it were an application for a Treasurer’s specific approval.\nThe Treasurer may amend or repeal a Treasurer’s specific approval even if the department or statutory body does not apply for the amendment or repeal.\nThe amendment or repeal of a Treasurer’s specific approval does not affect its previous operation.\n(sec.44-ssec.1) A department or statutory body may apply to the Treasurer for amendment or repeal of a Treasurer’s specific approval.\n(sec.44-ssec.2) The application— must be in writing; and state the reasons for the amendment or repeal.\n(sec.44-ssec.3) Sections 41 (3) , 42 and 43 apply to the application as if it were an application for a Treasurer’s specific approval.\n(sec.44-ssec.4) The Treasurer may amend or repeal a Treasurer’s specific approval even if the department or statutory body does not apply for the amendment or repeal.\n(sec.44-ssec.5) The amendment or repeal of a Treasurer’s specific approval does not affect its previous operation.\n- (a) must be in writing; and\n- (b) state the reasons for the amendment or repeal.","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Register of specific approvals","content":"### sec.45 Register of specific approvals\n\nThe treasury department must keep a register of all Treasurer’s specific approvals granted.\nEach department and statutory body granted a Treasurer’s specific approval must keep a register of the approvals.\n(sec.45-ssec.1) The treasury department must keep a register of all Treasurer’s specific approvals granted.\n(sec.45-ssec.2) Each department and statutory body granted a Treasurer’s specific approval must keep a register of the approvals.","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"False or misleading documents","content":"### sec.46 False or misleading documents\n\nA person must not, under section 41 or 42 , give the Treasurer a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\nadvises the Treasurer, in writing, to the best of the person’s ability, how the information is false or misleading; and\ngives the correct information if the person has, or can reasonably obtain, the correct information.\n(sec.46-ssec.1) A person must not, under section 41 or 42 , give the Treasurer a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.46-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— advises the Treasurer, in writing, to the best of the person’s ability, how the information is false or misleading; and gives the correct information if the person has, or can reasonably obtain, the correct information.\n- (a) advises the Treasurer, in writing, to the best of the person’s ability, how the information is false or misleading; and\n- (b) gives the correct information if the person has, or can reasonably obtain, the correct information.","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"False or misleading information","content":"### sec.47 False or misleading information\n\nA person must not, under section 42 , give the Treasurer information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":57},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Delegation by Treasurer","content":"## Delegation by Treasurer","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Delegation by Treasurer of particular powers","content":"### sec.48 Delegation by Treasurer of particular powers\n\nThe Treasurer may delegate the Treasurer’s powers mentioned in subsection (2) to an officer or employee of the treasury department who has the qualifications, experience or standing appropriate to exercise the power.\nan officer’s classification level in the public service\nSubsection (1) applies to the powers of the Treasurer under sections 17 , 18 , 21 , 23 , 24 , 26 , 50 , 51 , 55 , 59 , 71 , 77 , 78 , 81 , 83 , 84 , 85 , 87 and 97 to the extent it continues the application of section 46 (4) of the repealed Act.\nAlso, the Treasurer may delegate the Treasurer’s powers under—\nsection 21 to an accountable officer to the extent the losses relate to administered receipts of the accountable officer’s department; and\nsection 50 or 53 (5) to either of the following who has the qualifications, experience or standing appropriate to exercise the power—\nthe chief executive officer or another officer or employee of the Queensland Investment Corporation;\nan officer or employee of the Queensland Treasury Corporation.\nIn this section—\nrepealed Act means the Financial Administration and Audit Act 1977 .\ns 48 amd 2013 No. 39 s 4 ; 2015 No. 4 s 53\n(sec.48-ssec.1) The Treasurer may delegate the Treasurer’s powers mentioned in subsection (2) to an officer or employee of the treasury department who has the qualifications, experience or standing appropriate to exercise the power. an officer’s classification level in the public service\n(sec.48-ssec.2) Subsection (1) applies to the powers of the Treasurer under sections 17 , 18 , 21 , 23 , 24 , 26 , 50 , 51 , 55 , 59 , 71 , 77 , 78 , 81 , 83 , 84 , 85 , 87 and 97 to the extent it continues the application of section 46 (4) of the repealed Act.\n(sec.48-ssec.3) Also, the Treasurer may delegate the Treasurer’s powers under— section 21 to an accountable officer to the extent the losses relate to administered receipts of the accountable officer’s department; and section 50 or 53 (5) to either of the following who has the qualifications, experience or standing appropriate to exercise the power— the chief executive officer or another officer or employee of the Queensland Investment Corporation; an officer or employee of the Queensland Treasury Corporation.\n(sec.48-ssec.4) In this section— repealed Act means the Financial Administration and Audit Act 1977 .\n- (a) section 21 to an accountable officer to the extent the losses relate to administered receipts of the accountable officer’s department; and\n- (b) section 50 or 53 (5) to either of the following who has the qualifications, experience or standing appropriate to exercise the power— (i) the chief executive officer or another officer or employee of the Queensland Investment Corporation; (ii) an officer or employee of the Queensland Treasury Corporation.\n- (i) the chief executive officer or another officer or employee of the Queensland Investment Corporation;\n- (ii) an officer or employee of the Queensland Treasury Corporation.\n- (i) the chief executive officer or another officer or employee of the Queensland Investment Corporation;\n- (ii) an officer or employee of the Queensland Treasury Corporation.","sortOrder":59},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Investment by Treasurer","content":"## Investment by Treasurer","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Treasury offset account","content":"### sec.49 Treasury offset account\n\nThe Treasurer must establish—\nin the treasury department, an account called the ‘treasury offset account’ for recording transactions about the matters mentioned in section 50 ; and\nat a financial institution, an account relating to the treasury offset account called the ‘treasury offset bank account’.\nFor this Act—\nthe treasury offset account is taken to be a departmental account; and\nthe treasury offset bank account is taken to be a departmental financial institution account.\n(sec.49-ssec.1) The Treasurer must establish— in the treasury department, an account called the ‘treasury offset account’ for recording transactions about the matters mentioned in section 50 ; and at a financial institution, an account relating to the treasury offset account called the ‘treasury offset bank account’.\n(sec.49-ssec.2) For this Act— the treasury offset account is taken to be a departmental account; and the treasury offset bank account is taken to be a departmental financial institution account.\n- (a) in the treasury department, an account called the ‘treasury offset account’ for recording transactions about the matters mentioned in section 50 ; and\n- (b) at a financial institution, an account relating to the treasury offset account called the ‘treasury offset bank account’.\n- (a) the treasury offset account is taken to be a departmental account; and\n- (b) the treasury offset bank account is taken to be a departmental financial institution account.","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Use of accounts","content":"### sec.50 Use of accounts\n\nSubject to this Act, the Treasurer may—\nif the balance of the Treasurer’s consolidated fund bank account and the departmental financial institution accounts is a net credit balance—\nmake an investment under subsection (4) based on the balance at the time of the investment; and\npay moneys out of the treasury offset bank account to make the investment; or\nif the balance of the Treasurer’s consolidated fund bank account is a net credit balance—\nmake an investment under subsection (4) based on the balance at the time of the investment; and\npay moneys out of the Treasurer’s consolidated fund bank account to make the investment; or\nif the balance in a departmental financial institution account is a net credit balance—\nmake an investment under subsection (4) based on the balance at the time of the investment; and\npay moneys out of the departmental financial institution account to make the investment.\nHowever, if the balance of the Treasurer’s consolidated fund bank account and the departmental financial institution accounts is a net debit balance, the Treasurer may—\narrange with the Queensland Treasury Corporation to offset the net debit balance by paying moneys into the treasury offset bank account; and\npay all or part of the moneys mentioned in paragraph (a) from the treasury offset bank account into the Treasurer’s consolidated fund bank account.\nIf non-public moneys are held by or given to the Treasurer for investment or as security, the Treasurer may—\npay the non-public moneys into the treasury offset bank account; and\ninvest the non-public moneys and, for that purpose, pay moneys out of the treasury offset bank account.\nFor subsections (1) and (3) , the Treasurer may make the following investments—\nin securities of, guaranteed by, accepted by or endorsed by the Commonwealth or a State;\na loan to, investment in or financial arrangement with an entity authorised by an Act or law to borrow money from the Treasurer, on the security the Treasurer considers appropriate;\nwith, or on deposit with, a bank, or in securities of, guaranteed by, accepted by or endorsed by a bank;\nwith, or on deposit with, the Queensland Investment Corporation or the Queensland Treasury Corporation for investment in a fund of either of the corporations that the Treasurer considers appropriate;\nin other securities approved by the Governor in Council;\nby deposit on the security of any of the securities in which the Treasurer is permitted by this subsection to invest;\nin other investments or financial arrangements approved by the Governor in Council.\nHowever, if the Treasurer invests non-public moneys under subsection (3) , moneys received from the investment are moneys payable to the person entitled to the non-public moneys despite section 51 .\n(sec.50-ssec.1) Subject to this Act, the Treasurer may— if the balance of the Treasurer’s consolidated fund bank account and the departmental financial institution accounts is a net credit balance— make an investment under subsection (4) based on the balance at the time of the investment; and pay moneys out of the treasury offset bank account to make the investment; or if the balance of the Treasurer’s consolidated fund bank account is a net credit balance— make an investment under subsection (4) based on the balance at the time of the investment; and pay moneys out of the Treasurer’s consolidated fund bank account to make the investment; or if the balance in a departmental financial institution account is a net credit balance— make an investment under subsection (4) based on the balance at the time of the investment; and pay moneys out of the departmental financial institution account to make the investment.\n(sec.50-ssec.2) However, if the balance of the Treasurer’s consolidated fund bank account and the departmental financial institution accounts is a net debit balance, the Treasurer may— arrange with the Queensland Treasury Corporation to offset the net debit balance by paying moneys into the treasury offset bank account; and pay all or part of the moneys mentioned in paragraph (a) from the treasury offset bank account into the Treasurer’s consolidated fund bank account.\n(sec.50-ssec.3) If non-public moneys are held by or given to the Treasurer for investment or as security, the Treasurer may— pay the non-public moneys into the treasury offset bank account; and invest the non-public moneys and, for that purpose, pay moneys out of the treasury offset bank account.\n(sec.50-ssec.4) For subsections (1) and (3) , the Treasurer may make the following investments— in securities of, guaranteed by, accepted by or endorsed by the Commonwealth or a State; a loan to, investment in or financial arrangement with an entity authorised by an Act or law to borrow money from the Treasurer, on the security the Treasurer considers appropriate; with, or on deposit with, a bank, or in securities of, guaranteed by, accepted by or endorsed by a bank; with, or on deposit with, the Queensland Investment Corporation or the Queensland Treasury Corporation for investment in a fund of either of the corporations that the Treasurer considers appropriate; in other securities approved by the Governor in Council; by deposit on the security of any of the securities in which the Treasurer is permitted by this subsection to invest; in other investments or financial arrangements approved by the Governor in Council.\n(sec.50-ssec.5) However, if the Treasurer invests non-public moneys under subsection (3) , moneys received from the investment are moneys payable to the person entitled to the non-public moneys despite section 51 .\n- (a) if the balance of the Treasurer’s consolidated fund bank account and the departmental financial institution accounts is a net credit balance— (i) make an investment under subsection (4) based on the balance at the time of the investment; and (ii) pay moneys out of the treasury offset bank account to make the investment; or\n- (i) make an investment under subsection (4) based on the balance at the time of the investment; and\n- (ii) pay moneys out of the treasury offset bank account to make the investment; or\n- (b) if the balance of the Treasurer’s consolidated fund bank account is a net credit balance— (i) make an investment under subsection (4) based on the balance at the time of the investment; and (ii) pay moneys out of the Treasurer’s consolidated fund bank account to make the investment; or\n- (i) make an investment under subsection (4) based on the balance at the time of the investment; and\n- (ii) pay moneys out of the Treasurer’s consolidated fund bank account to make the investment; or\n- (c) if the balance in a departmental financial institution account is a net credit balance— (i) make an investment under subsection (4) based on the balance at the time of the investment; and (ii) pay moneys out of the departmental financial institution account to make the investment.\n- (i) make an investment under subsection (4) based on the balance at the time of the investment; and\n- (ii) pay moneys out of the departmental financial institution account to make the investment.\n- (i) make an investment under subsection (4) based on the balance at the time of the investment; and\n- (ii) pay moneys out of the treasury offset bank account to make the investment; or\n- (i) make an investment under subsection (4) based on the balance at the time of the investment; and\n- (ii) pay moneys out of the Treasurer’s consolidated fund bank account to make the investment; or\n- (i) make an investment under subsection (4) based on the balance at the time of the investment; and\n- (ii) pay moneys out of the departmental financial institution account to make the investment.\n- (a) arrange with the Queensland Treasury Corporation to offset the net debit balance by paying moneys into the treasury offset bank account; and\n- (b) pay all or part of the moneys mentioned in paragraph (a) from the treasury offset bank account into the Treasurer’s consolidated fund bank account.\n- (a) pay the non-public moneys into the treasury offset bank account; and\n- (b) invest the non-public moneys and, for that purpose, pay moneys out of the treasury offset bank account.\n- (a) in securities of, guaranteed by, accepted by or endorsed by the Commonwealth or a State;\n- (b) a loan to, investment in or financial arrangement with an entity authorised by an Act or law to borrow money from the Treasurer, on the security the Treasurer considers appropriate;\n- (c) with, or on deposit with, a bank, or in securities of, guaranteed by, accepted by or endorsed by a bank;\n- (d) with, or on deposit with, the Queensland Investment Corporation or the Queensland Treasury Corporation for investment in a fund of either of the corporations that the Treasurer considers appropriate;\n- (e) in other securities approved by the Governor in Council;\n- (f) by deposit on the security of any of the securities in which the Treasurer is permitted by this subsection to invest;\n- (g) in other investments or financial arrangements approved by the Governor in Council.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Dealing with moneys earned on investment","content":"### sec.51 Dealing with moneys earned on investment\n\nIf moneys for an investment were paid out of the treasury offset bank account, moneys received from the investment must be paid into the treasury offset bank account and dealt with as follows—\nthe moneys necessary to fully recoup the treasury offset bank account for the amount paid from it for the investment must be kept in the treasury offset bank account but may be used for a further investment;\nas soon as practicable after the moneys received from the investment are paid into the treasury offset bank account, the Treasurer must identify the amount (the investment earnings ) that exceeds the moneys recouped into the treasury offset bank account.\nTo the extent the moneys for the investment were, under an arrangement with the Treasurer, attributable to a departmental financial-institution account, the Treasurer must—\ndeclare an amount from the investment earnings to be paid to the department as interest (the departmental interest ); and\narrange for the payment of the departmental interest from the treasury offset bank account into the departmental financial institution account.\nThe Treasurer must arrange for the payment of the balance of the investment earnings, less departmental interest to be paid under subsection (2) , into a departmental financial institution account of the treasury department.\nIf moneys for an investment were paid out of the Treasurer’s consolidated fund bank account, moneys received from the investment must be paid into the account.\nIf moneys for an investment were paid out of a departmental financial institution account, other than the treasury offset bank account, moneys received from the investment must be paid into—\nfor an investment made for the purpose of a fund for which a special purpose account must be established under section 69A —a special purpose financial institution account established for the special purpose account; or\notherwise—the departmental financial institution account from which the moneys for the investment were paid.\ns 51 amd 2020 No. 29 s 17\n(sec.51-ssec.1) If moneys for an investment were paid out of the treasury offset bank account, moneys received from the investment must be paid into the treasury offset bank account and dealt with as follows— the moneys necessary to fully recoup the treasury offset bank account for the amount paid from it for the investment must be kept in the treasury offset bank account but may be used for a further investment; as soon as practicable after the moneys received from the investment are paid into the treasury offset bank account, the Treasurer must identify the amount (the investment earnings ) that exceeds the moneys recouped into the treasury offset bank account.\n(sec.51-ssec.2) To the extent the moneys for the investment were, under an arrangement with the Treasurer, attributable to a departmental financial-institution account, the Treasurer must— declare an amount from the investment earnings to be paid to the department as interest (the departmental interest ); and arrange for the payment of the departmental interest from the treasury offset bank account into the departmental financial institution account.\n(sec.51-ssec.3) The Treasurer must arrange for the payment of the balance of the investment earnings, less departmental interest to be paid under subsection (2) , into a departmental financial institution account of the treasury department.\n(sec.51-ssec.4) If moneys for an investment were paid out of the Treasurer’s consolidated fund bank account, moneys received from the investment must be paid into the account.\n(sec.51-ssec.5) If moneys for an investment were paid out of a departmental financial institution account, other than the treasury offset bank account, moneys received from the investment must be paid into— for an investment made for the purpose of a fund for which a special purpose account must be established under section 69A —a special purpose financial institution account established for the special purpose account; or otherwise—the departmental financial institution account from which the moneys for the investment were paid.\n- (a) the moneys necessary to fully recoup the treasury offset bank account for the amount paid from it for the investment must be kept in the treasury offset bank account but may be used for a further investment;\n- (b) as soon as practicable after the moneys received from the investment are paid into the treasury offset bank account, the Treasurer must identify the amount (the investment earnings ) that exceeds the moneys recouped into the treasury offset bank account.\n- (a) declare an amount from the investment earnings to be paid to the department as interest (the departmental interest ); and\n- (b) arrange for the payment of the departmental interest from the treasury offset bank account into the departmental financial institution account.\n- (a) for an investment made for the purpose of a fund for which a special purpose account must be established under section 69A —a special purpose financial institution account established for the special purpose account; or\n- (b) otherwise—the departmental financial institution account from which the moneys for the investment were paid.","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Appropriation for investment","content":"### sec.52 Appropriation for investment\n\nIf moneys are required to be paid out of the Treasurer’s consolidated fund bank account for an investment that may be made by the Treasurer, the payment of the moneys out of the account for the investment is appropriated.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Corporation sole of The Treasurer of Queensland","content":"### sec.53 Corporation sole of The Treasurer of Queensland\n\nThe corporation sole constituted by the Treasurer under the Financial Administration and Audit Act 1977 , section 43 is continued in existence under the name The Treasurer of Queensland (the Treasurer ).\nThe Treasurer —\nis a body corporate with perpetual succession; and\nhas a seal; and\nmay sue and be sued in the Treasurer’s corporate name.\nThe Treasurer represents the State.\nWithout limiting subsection (3) , the Treasurer has all the State’s privileges and immunities.\nThe Treasurer has all the powers of an individual and may, for example—\nenter into contracts; and\nacquire, hold, dispose of, and deal with, property; and\nappoint agents and attorneys; and\nengage consultants; and\nfix charges, and other terms, for services the Treasurer supplies; and\nenter into derivative transactions; and\ndo anything necessary or convenient to be done in the performance of the Treasurer’s functions under this or another Act.\nHowever, the Treasurer may enter into a derivative transaction only to hedge against a risk to which the State is or will be exposed.\nThe Treasurer also has the powers conferred on the Treasurer by this or another Act.\nThe Treasurer may exercise the Treasurer’s powers inside and outside Queensland.\nWithout limiting subsection (8) , the Treasurer may exercise the Treasurer’s powers outside Australia.\ns 53 amd 2015 No. 4 s 54\n(sec.53-ssec.1) The corporation sole constituted by the Treasurer under the Financial Administration and Audit Act 1977 , section 43 is continued in existence under the name The Treasurer of Queensland (the Treasurer ).\n(sec.53-ssec.2) The Treasurer — is a body corporate with perpetual succession; and has a seal; and may sue and be sued in the Treasurer’s corporate name.\n(sec.53-ssec.3) The Treasurer represents the State.\n(sec.53-ssec.4) Without limiting subsection (3) , the Treasurer has all the State’s privileges and immunities.\n(sec.53-ssec.5) The Treasurer has all the powers of an individual and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with, property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services the Treasurer supplies; and enter into derivative transactions; and do anything necessary or convenient to be done in the performance of the Treasurer’s functions under this or another Act.\n(sec.53-ssec.6) However, the Treasurer may enter into a derivative transaction only to hedge against a risk to which the State is or will be exposed.\n(sec.53-ssec.7) The Treasurer also has the powers conferred on the Treasurer by this or another Act.\n(sec.53-ssec.8) The Treasurer may exercise the Treasurer’s powers inside and outside Queensland.\n(sec.53-ssec.9) Without limiting subsection (8) , the Treasurer may exercise the Treasurer’s powers outside Australia.\n- (a) is a body corporate with perpetual succession; and\n- (b) has a seal; and\n- (c) may sue and be sued in the Treasurer’s corporate name.\n- (a) enter into contracts; and\n- (b) acquire, hold, dispose of, and deal with, property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) fix charges, and other terms, for services the Treasurer supplies; and\n- (f) enter into derivative transactions; and\n- (g) do anything necessary or convenient to be done in the performance of the Treasurer’s functions under this or another Act.","sortOrder":65},{"sectionNumber":"sec.54","sectionType":"section","heading":"Limitations on investment powers","content":"### sec.54 Limitations on investment powers\n\nNothing in this Act authorises the Treasurer to invest moneys relating to a departmental account contrary to—\nan Act; or\nan agreement, arrangement, contract, court order, law or transaction applying to the account.\n- (a) an Act; or\n- (b) an agreement, arrangement, contract, court order, law or transaction applying to the account.","sortOrder":66},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Borrowings","content":"## Borrowings","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Borrowings by the State","content":"### sec.55 Borrowings by the State\n\nThe Treasurer may borrow amounts for the State.\nAmounts may be borrowed within the State, outside the State but within Australia, or outside Australia.\n(sec.55-ssec.1) The Treasurer may borrow amounts for the State.\n(sec.55-ssec.2) Amounts may be borrowed within the State, outside the State but within Australia, or outside Australia.","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Liability of department for borrowing fee","content":"### sec.56 Liability of department for borrowing fee\n\nThis section applies if the Treasurer borrows amounts for the State and considers all or part of the amounts borrowed have been used by a department.\nThe Treasurer may, by notice given to the accountable officer of the department, declare the department liable for an amount (the borrowing fee ).\nThe notice must state—\nthe amount of the borrowings the Treasurer considers have been used by the department; and\nthe borrowing fee for which the department is liable; and\nthe date by which the borrowing fee is to be paid to the Treasurer.\nAn accountable officer given a notice under subsection (2) must comply with the notice.\n(sec.56-ssec.1) This section applies if the Treasurer borrows amounts for the State and considers all or part of the amounts borrowed have been used by a department.\n(sec.56-ssec.2) The Treasurer may, by notice given to the accountable officer of the department, declare the department liable for an amount (the borrowing fee ).\n(sec.56-ssec.3) The notice must state— the amount of the borrowings the Treasurer considers have been used by the department; and the borrowing fee for which the department is liable; and the date by which the borrowing fee is to be paid to the Treasurer.\n(sec.56-ssec.4) An accountable officer given a notice under subsection (2) must comply with the notice.\n- (a) the amount of the borrowings the Treasurer considers have been used by the department; and\n- (b) the borrowing fee for which the department is liable; and\n- (c) the date by which the borrowing fee is to be paid to the Treasurer.","sortOrder":69},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Standards about financial and performance management","content":"## Standards about financial and performance management","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Financial and performance management standards","content":"### sec.57 Financial and performance management standards\n\nThe Treasurer may make standards about the policies and principles to be observed in financial and performance management.\nIf the Treasurer considers it appropriate, a financial and performance management standard may include a commentary about the operation of a provision of the standard.\nIf the standard includes a commentary about the operation of a provision—\nthe commentary is not part of the standard; and\nthe commentary is not meant to be exhaustive; and\nthe commentary, the provision and the other provisions of the standard are to be read together but, if the commentary and the provision are inconsistent, the provision prevails.\nEach accountable officer and statutory body must comply with the provisions of a standard that apply respectively to the officer and body.\nA standard is subordinate legislation.\n(sec.57-ssec.1) The Treasurer may make standards about the policies and principles to be observed in financial and performance management.\n(sec.57-ssec.2) If the Treasurer considers it appropriate, a financial and performance management standard may include a commentary about the operation of a provision of the standard.\n(sec.57-ssec.3) If the standard includes a commentary about the operation of a provision— the commentary is not part of the standard; and the commentary is not meant to be exhaustive; and the commentary, the provision and the other provisions of the standard are to be read together but, if the commentary and the provision are inconsistent, the provision prevails.\n(sec.57-ssec.4) Each accountable officer and statutory body must comply with the provisions of a standard that apply respectively to the officer and body.\n(sec.57-ssec.5) A standard is subordinate legislation.\n- (a) the commentary is not part of the standard; and\n- (b) the commentary is not meant to be exhaustive; and\n- (c) the commentary, the provision and the other provisions of the standard are to be read together but, if the commentary and the provision are inconsistent, the provision prevails.","sortOrder":71},{"sectionNumber":"sec.58","sectionType":"section","heading":"Requirements before making a financial and performance management standard","content":"### sec.58 Requirements before making a financial and performance management standard\n\nBefore making a financial and performance management standard, the Treasurer must consult with the auditor-general and, to the extent the standard relates to planning or performance management, the Premier.","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"Exemption from complying with financial and performance management standard","content":"### sec.59 Exemption from complying with financial and performance management standard\n\nThe Treasurer may, wholly or partly, exempt a department or statutory body from complying with a financial and performance management standard.\nThe exemption must—\nbe in writing; and\nstate—\nthe day the exemption ends; or\nthe day by which the Treasurer must review the exemption to decide whether it is appropriate for the exemption to continue.\nBefore granting the exemption, the Treasurer must consult with the auditor-general and, to the extent the proposed exemption relates to planning or performance management, the Premier.\nThe Treasurer may impose conditions on the exemption.\nIf the exemption relates to prescribed accounting standards, the department or statutory body must disclose the extent and financial implications of noncompliance with the prescribed accounting standards in its annual financial statements.\nIn this section—\nprescribed accounting standards means the following documents published by the Australian Accounting Standards Board—\nAustralian Accounting Standards;\nStatements of Accounting Concepts;\nInterpretations;\nFramework for the Preparation and Presentation of Financial Statements.\nThe documents mentioned in the definition prescribed accounting standards are available on the website of the Australian Accounting Standards Board at www.aasb.gov.au .\n(sec.59-ssec.1) The Treasurer may, wholly or partly, exempt a department or statutory body from complying with a financial and performance management standard.\n(sec.59-ssec.2) The exemption must— be in writing; and state— the day the exemption ends; or the day by which the Treasurer must review the exemption to decide whether it is appropriate for the exemption to continue.\n(sec.59-ssec.3) Before granting the exemption, the Treasurer must consult with the auditor-general and, to the extent the proposed exemption relates to planning or performance management, the Premier.\n(sec.59-ssec.4) The Treasurer may impose conditions on the exemption.\n(sec.59-ssec.5) If the exemption relates to prescribed accounting standards, the department or statutory body must disclose the extent and financial implications of noncompliance with the prescribed accounting standards in its annual financial statements.\n(sec.59-ssec.6) In this section— prescribed accounting standards means the following documents published by the Australian Accounting Standards Board— Australian Accounting Standards; Statements of Accounting Concepts; Interpretations; Framework for the Preparation and Presentation of Financial Statements. The documents mentioned in the definition prescribed accounting standards are available on the website of the Australian Accounting Standards Board at www.aasb.gov.au .\n- (a) be in writing; and\n- (b) state— (i) the day the exemption ends; or (ii) the day by which the Treasurer must review the exemption to decide whether it is appropriate for the exemption to continue.\n- (i) the day the exemption ends; or\n- (ii) the day by which the Treasurer must review the exemption to decide whether it is appropriate for the exemption to continue.\n- (i) the day the exemption ends; or\n- (ii) the day by which the Treasurer must review the exemption to decide whether it is appropriate for the exemption to continue.\n- (a) Australian Accounting Standards;\n- (b) Statements of Accounting Concepts;\n- (c) Interpretations;\n- (d) Framework for the Preparation and Presentation of Financial Statements.","sortOrder":73},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions applying to departments and statutory bodies","content":"# Provisions applying to departments and statutory bodies","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application of ss 61 – 63","content":"### sec.60 Application of ss 61 – 63\n\nThe functions or requirements imposed by section 61 , 62 or 63 on accountable officers and statutory bodies are imposed—\nfor each accountable officer—in relation to the accountable officer’s department; and\nfor each statutory body—in relation to that statutory body.\n- (a) for each accountable officer—in relation to the accountable officer’s department; and\n- (b) for each statutory body—in relation to that statutory body.","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Functions of accountable officers and statutory bodies","content":"### sec.61 Functions of accountable officers and statutory bodies\n\nAccountable officers and statutory bodies have the following functions—\nto achieve reasonable value for money by ensuring the operations of the department or statutory body are carried out efficiently, effectively and economically;\nto establish and maintain appropriate systems of internal control and risk management;\nto establish and keep funds and accounts in compliance with the prescribed requirements;\nto ensure annual financial statements are prepared, certified and tabled in Parliament in accordance with the prescribed requirements;\nto undertake planning and budgeting for the accountable officer’s department or the statutory body that is appropriate to the size of the department or statutory body;\nto perform other functions conferred on the accountable officers or statutory bodies under this or another Act or a financial and performance management standard.\ns 61 amd 2013 No. 39 s 5\n- (a) to achieve reasonable value for money by ensuring the operations of the department or statutory body are carried out efficiently, effectively and economically;\n- (b) to establish and maintain appropriate systems of internal control and risk management;\n- (c) to establish and keep funds and accounts in compliance with the prescribed requirements;\n- (d) to ensure annual financial statements are prepared, certified and tabled in Parliament in accordance with the prescribed requirements;\n- (e) to undertake planning and budgeting for the accountable officer’s department or the statutory body that is appropriate to the size of the department or statutory body;\n- (f) to perform other functions conferred on the accountable officers or statutory bodies under this or another Act or a financial and performance management standard.","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"Annual financial statements","content":"### sec.62 Annual financial statements\n\nAccountable officers and statutory bodies must, in the way and within the time stated in a financial and performance management standard—\nprepare annual financial statements for the department or statutory body in accordance with the prescribed requirements; and\ncertify on the statements whether the statements comply in all material respects with the prescribed requirements in relation to the establishment and keeping of accounts; and\nhave the statements audited as required under the Auditor-General Act 2009 ; and\ninclude the statements in the annual report of the department or statutory body.\nIn this section—\nannual financial statements includes final financial statements.\ndepartment includes an abolished department.\nfinal financial statements , for an abolished department or an abolished statutory body, means the financial statements for the final period for the department or statutory body.\nfinal period , for an abolished department or an abolished statutory body, means the period stated for the department or statutory body in a financial and performance management standard.\nstatutory body includes an abolished statutory body.\ns 62 amd 2011 No. 24 s 34\n(sec.62-ssec.1) Accountable officers and statutory bodies must, in the way and within the time stated in a financial and performance management standard— prepare annual financial statements for the department or statutory body in accordance with the prescribed requirements; and certify on the statements whether the statements comply in all material respects with the prescribed requirements in relation to the establishment and keeping of accounts; and have the statements audited as required under the Auditor-General Act 2009 ; and include the statements in the annual report of the department or statutory body.\n(sec.62-ssec.2) In this section— annual financial statements includes final financial statements. department includes an abolished department. final financial statements , for an abolished department or an abolished statutory body, means the financial statements for the final period for the department or statutory body. final period , for an abolished department or an abolished statutory body, means the period stated for the department or statutory body in a financial and performance management standard. statutory body includes an abolished statutory body.\n- (a) prepare annual financial statements for the department or statutory body in accordance with the prescribed requirements; and\n- (b) certify on the statements whether the statements comply in all material respects with the prescribed requirements in relation to the establishment and keeping of accounts; and\n- (c) have the statements audited as required under the Auditor-General Act 2009 ; and\n- (d) include the statements in the annual report of the department or statutory body.","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Annual reports","content":"### sec.63 Annual reports\n\nAccountable officers and statutory bodies must, in the way and within the time stated in a financial and performance management standard—\nprepare an annual report; and\ngive the report to the appropriate Minister.\nSee the Human Rights Act 2019 , section 97 , for particular information relating to human rights that must be included in an annual report.\nThe Minister must table the annual report in the Legislative Assembly within the time stated in the financial and performance management standard.\nIn this section—\nannual report includes a final report.\ndepartment includes an abolished department.\nfinal period , for an abolished department or an abolished statutory body, means the period stated for the department or statutory body in a financial and performance management standard.\nfinal report , for an abolished department or an abolished statutory body, means a report about the operations of the department or statutory body for the final period for the department or statutory body\nstatutory body includes an abolished statutory body.\ns 63 amd 2019 No. 5 s 137\n(sec.63-ssec.1) Accountable officers and statutory bodies must, in the way and within the time stated in a financial and performance management standard— prepare an annual report; and give the report to the appropriate Minister. See the Human Rights Act 2019 , section 97 , for particular information relating to human rights that must be included in an annual report.\n(sec.63-ssec.2) The Minister must table the annual report in the Legislative Assembly within the time stated in the financial and performance management standard.\n(sec.63-ssec.3) In this section— annual report includes a final report. department includes an abolished department. final period , for an abolished department or an abolished statutory body, means the period stated for the department or statutory body in a financial and performance management standard. final report , for an abolished department or an abolished statutory body, means a report about the operations of the department or statutory body for the final period for the department or statutory body statutory body includes an abolished statutory body.\n- (a) prepare an annual report; and\n- (b) give the report to the appropriate Minister.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Investments gifted or bequeathed to departments or statutory bodies","content":"### sec.64 Investments gifted or bequeathed to departments or statutory bodies\n\nA department or statutory body may divest itself of an investment gifted or bequeathed to the department or statutory body only with the Treasurer’s approval.\nHowever, the Treasurer may exempt a statutory body from requiring the Treasurer’s approval if the Treasurer is satisfied the statutory body has appropriate procedures in place for divesting itself of the investment.\n(sec.64-ssec.1) A department or statutory body may divest itself of an investment gifted or bequeathed to the department or statutory body only with the Treasurer’s approval.\n(sec.64-ssec.2) However, the Treasurer may exempt a statutory body from requiring the Treasurer’s approval if the Treasurer is satisfied the statutory body has appropriate procedures in place for divesting itself of the investment.","sortOrder":79},{"sectionNumber":"pt.5","sectionType":"part","heading":"Provisions applying only to departments","content":"# Provisions applying only to departments","sortOrder":80},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Accountable officers","content":"## Accountable officers","sortOrder":81},{"sectionNumber":"sec.65","sectionType":"section","heading":"Accountable officers generally","content":"### sec.65 Accountable officers generally\n\nThe chief executive of a department of government under the Public Sector Act 2022 , section 10 , is the accountable officer of the department.\nThe Treasurer may appoint a person to be the accountable officer of—\na public service entity mentioned in the Public Sector Act 2022 , section 9 (b) ; or\nanother entity, whether or not the entity is part of a department, if—\nthe entity—\nrepresents the State; or\nis established under an Act; or\nis established for a purpose connected with the government of the State; and\nthe entity’s expenditure is payable, wholly or partly, out of—\namounts paid to a department from the consolidated fund; or\nthe controlled receipts of a department.\nA regulation may prescribe the accountable officer of an entity mentioned in the regulation.\nFor an entity mentioned in subsection (3) —\nsubsection (1) does not apply to the chief executive of the entity even if the entity is a department of government under the Public Sector Act 2022 , section 10 ; and\na person can not be appointed the accountable officer of the entity under subsection (2) .\ns 65 amd 2022 No. 34 s 365 sch 3\n(sec.65-ssec.1) The chief executive of a department of government under the Public Sector Act 2022 , section 10 , is the accountable officer of the department.\n(sec.65-ssec.2) The Treasurer may appoint a person to be the accountable officer of— a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) ; or another entity, whether or not the entity is part of a department, if— the entity— represents the State; or is established under an Act; or is established for a purpose connected with the government of the State; and the entity’s expenditure is payable, wholly or partly, out of— amounts paid to a department from the consolidated fund; or the controlled receipts of a department.\n(sec.65-ssec.3) A regulation may prescribe the accountable officer of an entity mentioned in the regulation.\n(sec.65-ssec.4) For an entity mentioned in subsection (3) — subsection (1) does not apply to the chief executive of the entity even if the entity is a department of government under the Public Sector Act 2022 , section 10 ; and a person can not be appointed the accountable officer of the entity under subsection (2) .\n- (a) a public service entity mentioned in the Public Sector Act 2022 , section 9 (b) ; or\n- (b) another entity, whether or not the entity is part of a department, if— (i) the entity— (A) represents the State; or (B) is established under an Act; or (C) is established for a purpose connected with the government of the State; and (ii) the entity’s expenditure is payable, wholly or partly, out of— (A) amounts paid to a department from the consolidated fund; or (B) the controlled receipts of a department.\n- (i) the entity— (A) represents the State; or (B) is established under an Act; or (C) is established for a purpose connected with the government of the State; and\n- (A) represents the State; or\n- (B) is established under an Act; or\n- (C) is established for a purpose connected with the government of the State; and\n- (ii) the entity’s expenditure is payable, wholly or partly, out of— (A) amounts paid to a department from the consolidated fund; or (B) the controlled receipts of a department.\n- (A) amounts paid to a department from the consolidated fund; or\n- (B) the controlled receipts of a department.\n- (i) the entity— (A) represents the State; or (B) is established under an Act; or (C) is established for a purpose connected with the government of the State; and\n- (A) represents the State; or\n- (B) is established under an Act; or\n- (C) is established for a purpose connected with the government of the State; and\n- (ii) the entity’s expenditure is payable, wholly or partly, out of— (A) amounts paid to a department from the consolidated fund; or (B) the controlled receipts of a department.\n- (A) amounts paid to a department from the consolidated fund; or\n- (B) the controlled receipts of a department.\n- (A) represents the State; or\n- (B) is established under an Act; or\n- (C) is established for a purpose connected with the government of the State; and\n- (A) amounts paid to a department from the consolidated fund; or\n- (B) the controlled receipts of a department.\n- (a) subsection (1) does not apply to the chief executive of the entity even if the entity is a department of government under the Public Sector Act 2022 , section 10 ; and\n- (b) a person can not be appointed the accountable officer of the entity under subsection (2) .","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Legislative Assembly and parliamentary service","content":"### sec.66 Legislative Assembly and parliamentary service\n\nThe Clerk of the Parliament is the accountable officer of the Legislative Assembly and parliamentary service.\nThis section does not limit or otherwise interfere with the role of the Speaker relating to the Legislative Assembly or parliamentary service, including the role of the Speaker in relation to the Clerk of the Parliament.\ns 66 amd 2011 No. 24 s 35 ; 2015 No. 3 s 3\n(sec.66-ssec.1) The Clerk of the Parliament is the accountable officer of the Legislative Assembly and parliamentary service.\n(sec.66-ssec.2) This section does not limit or otherwise interfere with the role of the Speaker relating to the Legislative Assembly or parliamentary service, including the role of the Speaker in relation to the Clerk of the Parliament.","sortOrder":83},{"sectionNumber":"sec.67","sectionType":"section","heading":"Office of the Governor","content":"### sec.67 Office of the Governor\n\nThe official secretary is the accountable officer of the Office of the Governor.\nThis section does not limit or otherwise interfere with the role of the Governor relating to the Office of the Governor, including the role of the Governor in relation to the official secretary.\n(sec.67-ssec.1) The official secretary is the accountable officer of the Office of the Governor.\n(sec.67-ssec.2) This section does not limit or otherwise interfere with the role of the Governor relating to the Office of the Governor, including the role of the Governor in relation to the official secretary.","sortOrder":84},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Accountable officer responsibilities","content":"## Accountable officer responsibilities","sortOrder":85},{"sectionNumber":"sec.68","sectionType":"section","heading":"Departmental budgets","content":"### sec.68 Departmental budgets\n\nThe accountable officer of a department must—\nprepare a budget for the department for each financial year (an annual departmental budget ); and\ngive the annual departmental budget to the appropriate Minister.\nThe appropriate Minister must table the annual departmental budget in the Legislative Assembly at the same time as the budget for the State for that financial year is tabled.\n(sec.68-ssec.1) The accountable officer of a department must— prepare a budget for the department for each financial year (an annual departmental budget ); and give the annual departmental budget to the appropriate Minister.\n(sec.68-ssec.2) The appropriate Minister must table the annual departmental budget in the Legislative Assembly at the same time as the budget for the State for that financial year is tabled.\n- (a) prepare a budget for the department for each financial year (an annual departmental budget ); and\n- (b) give the annual departmental budget to the appropriate Minister.","sortOrder":86},{"sectionNumber":"sec.69","sectionType":"section","heading":"Departmental accounts","content":"### sec.69 Departmental accounts\n\nThe accountable officer of a department must establish, in accordance with the prescribed requirements, the accounts (the departmental accounts ) necessary—\nto account, under a financial and performance management standard, for public moneys, public property, non-public moneys, other property and other resources administered or controlled by the department; and\nto produce—\nthe financial statements required to be produced by this Act; and\nother financial statements or information required to be produced by the prescribed requirements or the Treasurer.\nThe accounts, other than the consolidated fund account, established by the under-Treasurer for preparing the consolidated whole-of-government financial statement for a financial year are departmental accounts of the treasury department.\nSubsection (1) does not apply to the extent the accounts are necessary under section 69A (2) .\ns 69 amd 2020 No. 29 s 18\n(sec.69-ssec.1) The accountable officer of a department must establish, in accordance with the prescribed requirements, the accounts (the departmental accounts ) necessary— to account, under a financial and performance management standard, for public moneys, public property, non-public moneys, other property and other resources administered or controlled by the department; and to produce— the financial statements required to be produced by this Act; and other financial statements or information required to be produced by the prescribed requirements or the Treasurer.\n(sec.69-ssec.2) The accounts, other than the consolidated fund account, established by the under-Treasurer for preparing the consolidated whole-of-government financial statement for a financial year are departmental accounts of the treasury department.\n(sec.69-ssec.3) Subsection (1) does not apply to the extent the accounts are necessary under section 69A (2) .\n- (a) to account, under a financial and performance management standard, for public moneys, public property, non-public moneys, other property and other resources administered or controlled by the department; and\n- (b) to produce— (i) the financial statements required to be produced by this Act; and (ii) other financial statements or information required to be produced by the prescribed requirements or the Treasurer.\n- (i) the financial statements required to be produced by this Act; and\n- (ii) other financial statements or information required to be produced by the prescribed requirements or the Treasurer.\n- (i) the financial statements required to be produced by this Act; and\n- (ii) other financial statements or information required to be produced by the prescribed requirements or the Treasurer.","sortOrder":87},{"sectionNumber":"sec.69A","sectionType":"section","heading":"Special purpose accounts","content":"### sec.69A Special purpose accounts\n\nThis section applies in relation to the accountable officer of a department that is responsible for administering an Act that—\nestablishes a fund; and\nrequires accounts for the fund to be kept as special purpose accounts of the department.\nThe accountable officer must establish the accounts (the special purpose accounts ) necessary—\nto account for contributions made to the fund, moneys paid from the fund and other transactions made in relation to the fund; and\nto produce the financial statements and information mentioned in section 69 (1) (b) , to the extent the statements or information must include matters in relation to the fund.\nTo remove any doubt, it is declared that special purpose accounts are not, and do not form part of, departmental accounts.\ns 69A ins 2020 No. 29 s 19\n(sec.69A-ssec.1) This section applies in relation to the accountable officer of a department that is responsible for administering an Act that— establishes a fund; and requires accounts for the fund to be kept as special purpose accounts of the department.\n(sec.69A-ssec.2) The accountable officer must establish the accounts (the special purpose accounts ) necessary— to account for contributions made to the fund, moneys paid from the fund and other transactions made in relation to the fund; and to produce the financial statements and information mentioned in section 69 (1) (b) , to the extent the statements or information must include matters in relation to the fund.\n(sec.69A-ssec.3) To remove any doubt, it is declared that special purpose accounts are not, and do not form part of, departmental accounts.\n- (a) establishes a fund; and\n- (b) requires accounts for the fund to be kept as special purpose accounts of the department.\n- (a) to account for contributions made to the fund, moneys paid from the fund and other transactions made in relation to the fund; and\n- (b) to produce the financial statements and information mentioned in section 69 (1) (b) , to the extent the statements or information must include matters in relation to the fund.","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Payment of tax equivalents and dividends","content":"### sec.70 Payment of tax equivalents and dividends\n\nThis section applies if the accountable officer of a department has entered into an arrangement with the Treasurer about a business unit within the department and, under the arrangement, the accountable officer must pay—\nan amount decided by applying the tax equivalents manual to the business unit (the tax equivalent ); or\nan amount decided under the arrangement as a dividend (the dividend ).\nIf the accountable officer has not paid the tax equivalent or dividend under the arrangement, and within the time stated in the arrangement, the Treasurer may, by notice given to the accountable officer, require the officer to pay the Treasurer the tax equivalent or dividend.\nThe notice must state—\nthe amount of the tax equivalent or dividend; and\nwhen the tax equivalent or dividend must be paid to the Treasurer.\nThe accountable officer must comply with the notice.\nThis section does not apply to the official secretary, the Clerk of the Parliament or an accountable officer prescribed, in a regulation made under section 65 (4) , for an entity mentioned in the regulation.\nIn this section—\ntax equivalents manual means the tax equivalents manual issued by the Treasurer under the Government Owned Corporations Act 1993 , section 129 .\n(sec.70-ssec.1) This section applies if the accountable officer of a department has entered into an arrangement with the Treasurer about a business unit within the department and, under the arrangement, the accountable officer must pay— an amount decided by applying the tax equivalents manual to the business unit (the tax equivalent ); or an amount decided under the arrangement as a dividend (the dividend ).\n(sec.70-ssec.2) If the accountable officer has not paid the tax equivalent or dividend under the arrangement, and within the time stated in the arrangement, the Treasurer may, by notice given to the accountable officer, require the officer to pay the Treasurer the tax equivalent or dividend.\n(sec.70-ssec.3) The notice must state— the amount of the tax equivalent or dividend; and when the tax equivalent or dividend must be paid to the Treasurer.\n(sec.70-ssec.4) The accountable officer must comply with the notice.\n(sec.70-ssec.5) This section does not apply to the official secretary, the Clerk of the Parliament or an accountable officer prescribed, in a regulation made under section 65 (4) , for an entity mentioned in the regulation.\n(sec.70-ssec.6) In this section— tax equivalents manual means the tax equivalents manual issued by the Treasurer under the Government Owned Corporations Act 1993 , section 129 .\n- (a) an amount decided by applying the tax equivalents manual to the business unit (the tax equivalent ); or\n- (b) an amount decided under the arrangement as a dividend (the dividend ).\n- (a) the amount of the tax equivalent or dividend; and\n- (b) when the tax equivalent or dividend must be paid to the Treasurer.","sortOrder":89},{"sectionNumber":"sec.71","sectionType":"section","heading":"Borrowings by accountable officers","content":"### sec.71 Borrowings by accountable officers\n\nThe accountable officer of a department may, under a Treasurer’s approval, borrow amounts for the State.\ns 71 amd 2015 No. 20 s 5","sortOrder":90},{"sectionNumber":"sec.72","sectionType":"section","heading":"Losses and special payments","content":"### sec.72 Losses and special payments\n\nThe accountable officer of a department may—\nwrite off losses relating to the departmental accounts of the department; and\nauthorise special payments to be made from the departmental accounts.\nA special payment may be made to an accountable officer only with the approval of the Governor in Council.\n(sec.72-ssec.1) The accountable officer of a department may— write off losses relating to the departmental accounts of the department; and authorise special payments to be made from the departmental accounts.\n(sec.72-ssec.2) A special payment may be made to an accountable officer only with the approval of the Governor in Council.\n- (a) write off losses relating to the departmental accounts of the department; and\n- (b) authorise special payments to be made from the departmental accounts.","sortOrder":91},{"sectionNumber":"sec.73","sectionType":"section","heading":"Recovery of moneys","content":"### sec.73 Recovery of moneys\n\nSubsection (2) applies if a loss of or deficiency in either of the following occurs—\npublic moneys that have been advanced to an officer or employee of a department;\npublic moneys or non-public moneys while the moneys are under the control of an officer or employee of a department.\nThe loss or deficiency is a debt due to the State and may be recovered from the officer or employee by action in a court of competent jurisdiction.\nIt is a defence to an action for the recovery of moneys from an officer or employee (a person ) under subsection (2) if the person proves that the loss or deficiency was not caused or contributed to by a failure by the person to fulfil any of the person’s duties in relation to the moneys including the person’s duties under the prescribed requirements.\nFor this section, public moneys or non-public moneys are taken to be under the control of an officer or employee of a department if the moneys—\nhave been received by or have come into the custody of the officer or employee; and\nhave not been paid to another person or to the credit of an account at a financial institution as required by the prescribed requirements.\nIn this section, a reference to an officer or employee of a department includes a reference to a person who has been an officer or employee of the department.\n(sec.73-ssec.1) Subsection (2) applies if a loss of or deficiency in either of the following occurs— public moneys that have been advanced to an officer or employee of a department; public moneys or non-public moneys while the moneys are under the control of an officer or employee of a department.\n(sec.73-ssec.2) The loss or deficiency is a debt due to the State and may be recovered from the officer or employee by action in a court of competent jurisdiction.\n(sec.73-ssec.3) It is a defence to an action for the recovery of moneys from an officer or employee (a person ) under subsection (2) if the person proves that the loss or deficiency was not caused or contributed to by a failure by the person to fulfil any of the person’s duties in relation to the moneys including the person’s duties under the prescribed requirements.\n(sec.73-ssec.4) For this section, public moneys or non-public moneys are taken to be under the control of an officer or employee of a department if the moneys— have been received by or have come into the custody of the officer or employee; and have not been paid to another person or to the credit of an account at a financial institution as required by the prescribed requirements.\n(sec.73-ssec.5) In this section, a reference to an officer or employee of a department includes a reference to a person who has been an officer or employee of the department.\n- (a) public moneys that have been advanced to an officer or employee of a department;\n- (b) public moneys or non-public moneys while the moneys are under the control of an officer or employee of a department.\n- (a) have been received by or have come into the custody of the officer or employee; and\n- (b) have not been paid to another person or to the credit of an account at a financial institution as required by the prescribed requirements.","sortOrder":92},{"sectionNumber":"sec.74","sectionType":"section","heading":"Recovery of value of property","content":"### sec.74 Recovery of value of property\n\nSubsection (2) applies if loss or destruction of or damage to public property or other property occurs while the property is in the care of an officer or employee of a department.\nThe value of the property lost or destroyed or the cost of repairing the damage to the property is a debt due to the State and may be recovered by action in a court of competent jurisdiction from—\nthe officer or employee in whose care the property was at the time of the loss, destruction or damage; or\nany other officer or employee who by negligence or misconduct caused or contributed to the loss or destruction of or damage to the property.\nIt is a defence to an action for the recovery of moneys from an officer or employee (a person ) under subsection (2) if the person proves that the loss or destruction of or damage to the property was not caused or contributed to by a failure by the person to take reasonable steps to prevent the loss, destruction or damage.\nSubsection (5) applies if the negligence or misconduct of an officer or employee of a department was not the sole cause of a loss or destruction of or damage to the property.\nThe State may recover from the officer or employee referred to in subsection (2) (a) the amount the court considers just and equitable having regard to the contribution made by the officer or employee to the loss, destruction or damage.\nFor this section, public property or other property is taken to be in the care of an officer or employee of a department if the property—\nhas been delivered to the officer or employee; and\nhas not been returned to a person entitled to receive it on behalf of the State.\nIn this section, a reference to an officer or employee of a department includes a reference to a person who has been an officer or employee of the department.\n(sec.74-ssec.1) Subsection (2) applies if loss or destruction of or damage to public property or other property occurs while the property is in the care of an officer or employee of a department.\n(sec.74-ssec.2) The value of the property lost or destroyed or the cost of repairing the damage to the property is a debt due to the State and may be recovered by action in a court of competent jurisdiction from— the officer or employee in whose care the property was at the time of the loss, destruction or damage; or any other officer or employee who by negligence or misconduct caused or contributed to the loss or destruction of or damage to the property.\n(sec.74-ssec.3) It is a defence to an action for the recovery of moneys from an officer or employee (a person ) under subsection (2) if the person proves that the loss or destruction of or damage to the property was not caused or contributed to by a failure by the person to take reasonable steps to prevent the loss, destruction or damage.\n(sec.74-ssec.4) Subsection (5) applies if the negligence or misconduct of an officer or employee of a department was not the sole cause of a loss or destruction of or damage to the property.\n(sec.74-ssec.5) The State may recover from the officer or employee referred to in subsection (2) (a) the amount the court considers just and equitable having regard to the contribution made by the officer or employee to the loss, destruction or damage.\n(sec.74-ssec.6) For this section, public property or other property is taken to be in the care of an officer or employee of a department if the property— has been delivered to the officer or employee; and has not been returned to a person entitled to receive it on behalf of the State.\n(sec.74-ssec.7) In this section, a reference to an officer or employee of a department includes a reference to a person who has been an officer or employee of the department.\n- (a) the officer or employee in whose care the property was at the time of the loss, destruction or damage; or\n- (b) any other officer or employee who by negligence or misconduct caused or contributed to the loss or destruction of or damage to the property.\n- (a) has been delivered to the officer or employee; and\n- (b) has not been returned to a person entitled to receive it on behalf of the State.","sortOrder":93},{"sectionNumber":"sec.75","sectionType":"section","heading":"Right to recover not affected","content":"### sec.75 Right to recover not affected\n\nSections 73 (2) , 74 (2) and 74 (5) do not affect a right of the State to recover an amount from an officer or employee otherwise than under sections 73 and 74 .\nHowever, the State may not recover amounts from an officer or employee both under sections 73 and 74 and otherwise than under those sections, in relation to the same loss, deficiency, destruction or damage.\n(sec.75-ssec.1) Sections 73 (2) , 74 (2) and 74 (5) do not affect a right of the State to recover an amount from an officer or employee otherwise than under sections 73 and 74 .\n(sec.75-ssec.2) However, the State may not recover amounts from an officer or employee both under sections 73 and 74 and otherwise than under those sections, in relation to the same loss, deficiency, destruction or damage.","sortOrder":94},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Delegations","content":"## Delegations","sortOrder":95},{"sectionNumber":"sec.76","sectionType":"section","heading":"Delegations by accountable officers","content":"### sec.76 Delegations by accountable officers\n\nAn accountable officer may delegate the officer’s functions under this Act to an appropriately qualified public service employee or other employee of the State.\nDespite the Public Sector Act 2022 , section 282 (3) , a function delegated under subsection (1) may not be subdelegated.\nIn this section—\nappropriately qualified , for an employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function.\nthe employee’s classification or level in a department or agency\nfunctions includes powers.\ns 76 amd 2022 No. 34 s 365 sch 3\n(sec.76-ssec.1) An accountable officer may delegate the officer’s functions under this Act to an appropriately qualified public service employee or other employee of the State.\n(sec.76-ssec.2) Despite the Public Sector Act 2022 , section 282 (3) , a function delegated under subsection (1) may not be subdelegated.\n(sec.76-ssec.3) In this section— appropriately qualified , for an employee to whom a function may be delegated, includes having the qualifications, experience or standing appropriate for the function. the employee’s classification or level in a department or agency functions includes powers.","sortOrder":96},{"sectionNumber":"sec.77","sectionType":"section","heading":"Chief finance officer","content":"### sec.77 Chief finance officer\n\nEach accountable officer must—\nnominate either of the following to be the person responsible for the financial administration of the department (the chief finance officer )—\nan appropriately qualified employee of the accountable officer’s department;\nwith the approval of the Treasurer—an appropriately qualified public service employee or other employee of the State; and\ndelegate to the chief finance officer the following responsibilities for the department (the minimum responsibilities )—\nfinancial resource management including the establishment, maintenance and review of financial internal controls;\nbudget management;\npreparation of financial information including annual financial statements to facilitate the discharge of the department’s statutory reporting obligations;\nprovision of advice on the effectiveness of accounting and financial management information systems and financial controls in meeting the department’s requirements;\nprovision of advice concerning the financial implications of, and financial risks to, the department’s current and projected services;\ndevelopment of strategic options for the department’s future financial management and capability.\nFor each financial year, the chief finance officer must give the accountable officer—\nthe annual financial statements mentioned in subsection (1) (b) (iii) ; and\na statement about whether the financial internal controls of the department are operating efficiently, effectively and economically.\nThe statement must be given to the accountable officer in the way, and at the time, stated in a financial and performance management standard.\nA regulation may prescribe the qualifications, experience or standing appropriate for a chief finance officer.\nIn this section—\nappropriately qualified , for an employee nominated under subsection (1) , means having the qualifications, experience or standing prescribed under a regulation, if any, and otherwise having the qualifications, experience or standing appropriate for carrying out the responsibilities of the chief finance officer.\nthe employee’s classification or level in a department or agency\n(sec.77-ssec.1) Each accountable officer must— nominate either of the following to be the person responsible for the financial administration of the department (the chief finance officer )— an appropriately qualified employee of the accountable officer’s department; with the approval of the Treasurer—an appropriately qualified public service employee or other employee of the State; and delegate to the chief finance officer the following responsibilities for the department (the minimum responsibilities )— financial resource management including the establishment, maintenance and review of financial internal controls; budget management; preparation of financial information including annual financial statements to facilitate the discharge of the department’s statutory reporting obligations; provision of advice on the effectiveness of accounting and financial management information systems and financial controls in meeting the department’s requirements; provision of advice concerning the financial implications of, and financial risks to, the department’s current and projected services; development of strategic options for the department’s future financial management and capability.\n(sec.77-ssec.2) For each financial year, the chief finance officer must give the accountable officer— the annual financial statements mentioned in subsection (1) (b) (iii) ; and a statement about whether the financial internal controls of the department are operating efficiently, effectively and economically.\n(sec.77-ssec.3) The statement must be given to the accountable officer in the way, and at the time, stated in a financial and performance management standard.\n(sec.77-ssec.4) A regulation may prescribe the qualifications, experience or standing appropriate for a chief finance officer.\n(sec.77-ssec.5) In this section— appropriately qualified , for an employee nominated under subsection (1) , means having the qualifications, experience or standing prescribed under a regulation, if any, and otherwise having the qualifications, experience or standing appropriate for carrying out the responsibilities of the chief finance officer. the employee’s classification or level in a department or agency\n- (a) nominate either of the following to be the person responsible for the financial administration of the department (the chief finance officer )— (i) an appropriately qualified employee of the accountable officer’s department; (ii) with the approval of the Treasurer—an appropriately qualified public service employee or other employee of the State; and\n- (i) an appropriately qualified employee of the accountable officer’s department;\n- (ii) with the approval of the Treasurer—an appropriately qualified public service employee or other employee of the State; and\n- (b) delegate to the chief finance officer the following responsibilities for the department (the minimum responsibilities )— (i) financial resource management including the establishment, maintenance and review of financial internal controls; (ii) budget management; (iii) preparation of financial information including annual financial statements to facilitate the discharge of the department’s statutory reporting obligations; (iv) provision of advice on the effectiveness of accounting and financial management information systems and financial controls in meeting the department’s requirements; (v) provision of advice concerning the financial implications of, and financial risks to, the department’s current and projected services; (vi) development of strategic options for the department’s future financial management and capability.\n- (i) financial resource management including the establishment, maintenance and review of financial internal controls;\n- (ii) budget management;\n- (iii) preparation of financial information including annual financial statements to facilitate the discharge of the department’s statutory reporting obligations;\n- (iv) provision of advice on the effectiveness of accounting and financial management information systems and financial controls in meeting the department’s requirements;\n- (v) provision of advice concerning the financial implications of, and financial risks to, the department’s current and projected services;\n- (vi) development of strategic options for the department’s future financial management and capability.\n- (i) an appropriately qualified employee of the accountable officer’s department;\n- (ii) with the approval of the Treasurer—an appropriately qualified public service employee or other employee of the State; and\n- (i) financial resource management including the establishment, maintenance and review of financial internal controls;\n- (ii) budget management;\n- (iii) preparation of financial information including annual financial statements to facilitate the discharge of the department’s statutory reporting obligations;\n- (iv) provision of advice on the effectiveness of accounting and financial management information systems and financial controls in meeting the department’s requirements;\n- (v) provision of advice concerning the financial implications of, and financial risks to, the department’s current and projected services;\n- (vi) development of strategic options for the department’s future financial management and capability.\n- (a) the annual financial statements mentioned in subsection (1) (b) (iii) ; and\n- (b) a statement about whether the financial internal controls of the department are operating efficiently, effectively and economically.","sortOrder":97},{"sectionNumber":"sec.78","sectionType":"section","heading":"Head of internal audit","content":"### sec.78 Head of internal audit\n\nEach accountable officer must—\nnominate either of the following to be the person responsible for the internal audit activities of the department (the head of internal audit )—\nan appropriately qualified employee of the accountable officer’s department;\nwith the approval of the Treasurer—an appropriately qualified person; and\ndelegate to the head of internal audit the following responsibilities for the department (the minimum responsibilities )—\nprovision of assessment and evaluation of the effectiveness and efficiency of departmental financial and operation systems, reporting processes and activities;\nprovision of assistance in risk management and identifying deficiencies in risk management.\nA regulation may prescribe the qualifications, experience or standing appropriate for a head of internal audit.\nIn this section—\nappropriately qualified , for a person nominated under subsection (1) , means having the qualifications, experience or standing prescribed under a regulation, if any, and otherwise having the qualifications, experience or standing appropriate for carrying out the responsibilities of head of internal audit.\na departmental employee’s classification or level in a department or agency\na person’s level of seniority within an organisation\ns 78 amd 2015 No. 4 s 55\n(sec.78-ssec.1) Each accountable officer must— nominate either of the following to be the person responsible for the internal audit activities of the department (the head of internal audit )— an appropriately qualified employee of the accountable officer’s department; with the approval of the Treasurer—an appropriately qualified person; and delegate to the head of internal audit the following responsibilities for the department (the minimum responsibilities )— provision of assessment and evaluation of the effectiveness and efficiency of departmental financial and operation systems, reporting processes and activities; provision of assistance in risk management and identifying deficiencies in risk management.\n(sec.78-ssec.2) A regulation may prescribe the qualifications, experience or standing appropriate for a head of internal audit.\n(sec.78-ssec.3) In this section— appropriately qualified , for a person nominated under subsection (1) , means having the qualifications, experience or standing prescribed under a regulation, if any, and otherwise having the qualifications, experience or standing appropriate for carrying out the responsibilities of head of internal audit. a departmental employee’s classification or level in a department or agency a person’s level of seniority within an organisation\n- (a) nominate either of the following to be the person responsible for the internal audit activities of the department (the head of internal audit )— (i) an appropriately qualified employee of the accountable officer’s department; (ii) with the approval of the Treasurer—an appropriately qualified person; and\n- (i) an appropriately qualified employee of the accountable officer’s department;\n- (ii) with the approval of the Treasurer—an appropriately qualified person; and\n- (b) delegate to the head of internal audit the following responsibilities for the department (the minimum responsibilities )— (i) provision of assessment and evaluation of the effectiveness and efficiency of departmental financial and operation systems, reporting processes and activities; (ii) provision of assistance in risk management and identifying deficiencies in risk management.\n- (i) provision of assessment and evaluation of the effectiveness and efficiency of departmental financial and operation systems, reporting processes and activities;\n- (ii) provision of assistance in risk management and identifying deficiencies in risk management.\n- (i) an appropriately qualified employee of the accountable officer’s department;\n- (ii) with the approval of the Treasurer—an appropriately qualified person; and\n- (i) provision of assessment and evaluation of the effectiveness and efficiency of departmental financial and operation systems, reporting processes and activities;\n- (ii) provision of assistance in risk management and identifying deficiencies in risk management.\n- • a departmental employee’s classification or level in a department or agency\n- • a person’s level of seniority within an organisation","sortOrder":98},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Machinery of government changes","content":"## Machinery of government changes","sortOrder":99},{"sectionNumber":"sec.79","sectionType":"section","heading":"Availability of appropriation after redistribution of public business","content":"### sec.79 Availability of appropriation after redistribution of public business\n\nThis section applies if—\nafter the enactment of the ordinary annual appropriation Act for a financial year, the public business of departments is redistributed; and\nbecause of the redistribution, a departmental service, administered item or equity adjustment relating to a department (the transferor department ) becomes a departmental service, administered item or equity adjustment of another department (the transferee department ).\nSubsection (3) applies to the part of the transferor department’s vote that—\nis attributable to the distributed service, item or adjustment; and\nhas not been paid by the Treasurer to the transferor department.\nThe Governor in Council may, by gazette notice, decide that the part is available for payment to the transferee department for application to the distributed service, item or adjustment.\nThe gazette notice must state—\nthe amount still available for the Treasurer to pay to the transferor department, together with the amounts still available under the department’s headings; and\nthe amount available for the Treasurer to pay to the transferee department, together with the amounts available under the department’s headings.\nNo part of an appropriation for the transferor department lapses merely because of the redistribution mentioned in subsection (1) .\nIn this section—\nadministered item includes a part of an administered item.\ndepartmental service includes a part of a departmental service.\ndistributed service, item or adjustment means a departmental service, administered item or equity adjustment that becomes a departmental service, administered item or equity adjustment of a transferee department under a redistribution mentioned in subsection (1) .\nequity adjustment includes a part of an equity adjustment.\n(sec.79-ssec.1) This section applies if— after the enactment of the ordinary annual appropriation Act for a financial year, the public business of departments is redistributed; and because of the redistribution, a departmental service, administered item or equity adjustment relating to a department (the transferor department ) becomes a departmental service, administered item or equity adjustment of another department (the transferee department ).\n(sec.79-ssec.2) Subsection (3) applies to the part of the transferor department’s vote that— is attributable to the distributed service, item or adjustment; and has not been paid by the Treasurer to the transferor department.\n(sec.79-ssec.3) The Governor in Council may, by gazette notice, decide that the part is available for payment to the transferee department for application to the distributed service, item or adjustment.\n(sec.79-ssec.4) The gazette notice must state— the amount still available for the Treasurer to pay to the transferor department, together with the amounts still available under the department’s headings; and the amount available for the Treasurer to pay to the transferee department, together with the amounts available under the department’s headings.\n(sec.79-ssec.5) No part of an appropriation for the transferor department lapses merely because of the redistribution mentioned in subsection (1) .\n(sec.79-ssec.6) In this section— administered item includes a part of an administered item. departmental service includes a part of a departmental service. distributed service, item or adjustment means a departmental service, administered item or equity adjustment that becomes a departmental service, administered item or equity adjustment of a transferee department under a redistribution mentioned in subsection (1) . equity adjustment includes a part of an equity adjustment.\n- (a) after the enactment of the ordinary annual appropriation Act for a financial year, the public business of departments is redistributed; and\n- (b) because of the redistribution, a departmental service, administered item or equity adjustment relating to a department (the transferor department ) becomes a departmental service, administered item or equity adjustment of another department (the transferee department ).\n- (a) is attributable to the distributed service, item or adjustment; and\n- (b) has not been paid by the Treasurer to the transferor department.\n- (a) the amount still available for the Treasurer to pay to the transferor department, together with the amounts still available under the department’s headings; and\n- (b) the amount available for the Treasurer to pay to the transferee department, together with the amounts available under the department’s headings.","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Financial reporting—when redistribution of public business of department takes effect","content":"### sec.80 Financial reporting—when redistribution of public business of department takes effect\n\nIf the public business of a department (the transferor department ) is redistributed on a day other than the first day of a month, this section applies for preparing annual financial statements for the transferor department or the department to which the public business is transferred.\nIf the transferor department is not abolished, the redistribution is taken to have happened on the first day of the month immediately after the month in which the redistribution happened.\nIf the transferor department is abolished—\nfinal financial statements for the transferor department are to be prepared as at the day the department is abolished; and\nthe redistribution is taken to have happened on the day following the day on which the transferor department is abolished.\n(sec.80-ssec.1) If the public business of a department (the transferor department ) is redistributed on a day other than the first day of a month, this section applies for preparing annual financial statements for the transferor department or the department to which the public business is transferred.\n(sec.80-ssec.2) If the transferor department is not abolished, the redistribution is taken to have happened on the first day of the month immediately after the month in which the redistribution happened.\n(sec.80-ssec.3) If the transferor department is abolished— final financial statements for the transferor department are to be prepared as at the day the department is abolished; and the redistribution is taken to have happened on the day following the day on which the transferor department is abolished.\n- (a) final financial statements for the transferor department are to be prepared as at the day the department is abolished; and\n- (b) the redistribution is taken to have happened on the day following the day on which the transferor department is abolished.","sortOrder":101},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Accounts with financial institutions","content":"## Accounts with financial institutions","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Moneys to be kept at financial institutions","content":"### sec.81 Moneys to be kept at financial institutions\n\nAll public moneys and non-public moneys must be kept at a financial institution.\nSubsection (1) does not apply to—\ninvestments made under part 3 , division 6 or part 5 , division 6 ; or\nsecurities taken in relation to a loan or financial arrangement; or\npublic moneys or non-public moneys that a department, under a Treasurer’s approval, holds or transacts in a currency denomination other than Australian dollars.\nThis section is subject to a contrary intention in this or another Act.\n(sec.81-ssec.1) All public moneys and non-public moneys must be kept at a financial institution.\n(sec.81-ssec.2) Subsection (1) does not apply to— investments made under part 3 , division 6 or part 5 , division 6 ; or securities taken in relation to a loan or financial arrangement; or public moneys or non-public moneys that a department, under a Treasurer’s approval, holds or transacts in a currency denomination other than Australian dollars.\n(sec.81-ssec.3) This section is subject to a contrary intention in this or another Act.\n- (a) investments made under part 3 , division 6 or part 5 , division 6 ; or\n- (b) securities taken in relation to a loan or financial arrangement; or\n- (c) public moneys or non-public moneys that a department, under a Treasurer’s approval, holds or transacts in a currency denomination other than Australian dollars.","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Financial institution accounts","content":"### sec.82 Financial institution accounts\n\nA person must not open an account with a financial institution for the receipt or payment of public moneys or non-public moneys other than under this Act.","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Departmental banking arrangements","content":"### sec.83 Departmental banking arrangements\n\nEach accountable officer must establish the accounts necessary for the operations of the officer’s department (the departmental financial institution accounts ) and conduct the department’s banking arrangements—\nfor overseas operations—with the banking institution approved by the Treasurer; and\notherwise—with the financial institutions approved by the Treasurer.\nEach accountable officer must pay all public moneys and non-public moneys received by the accountable officer to the credit of a departmental financial institution account of the officer’s department.\nEach accountable officer must, for the period and at the time decided by the Treasurer, pay to the Treasurer the amount of the administered receipts received by the department during the period.\nSubsection (1) does not apply to the extent the accounts are necessary under section 83A (2) .\nSubsections (2) and (3) do not apply in relation to contributions made under an Act to a special purpose account.\nAlso, subsection (3) does not apply to an amount received from the Treasurer or an administered receipt received for another department.\nAn amount of public moneys may be paid from a departmental financial institution account only under subsection (3) or the prescribed requirements.\nAn amount of non-public moneys may be paid from a departmental financial institution account only—\nunder the prescribed requirements; or\nunder an agreement, arrangement, contract, court order, law or transaction under which the non-public moneys are received or become payable.\ns 83 amd 2020 No. 29 s 20\n(sec.83-ssec.1) Each accountable officer must establish the accounts necessary for the operations of the officer’s department (the departmental financial institution accounts ) and conduct the department’s banking arrangements— for overseas operations—with the banking institution approved by the Treasurer; and otherwise—with the financial institutions approved by the Treasurer.\n(sec.83-ssec.2) Each accountable officer must pay all public moneys and non-public moneys received by the accountable officer to the credit of a departmental financial institution account of the officer’s department.\n(sec.83-ssec.3) Each accountable officer must, for the period and at the time decided by the Treasurer, pay to the Treasurer the amount of the administered receipts received by the department during the period.\n(sec.83-ssec.4) Subsection (1) does not apply to the extent the accounts are necessary under section 83A (2) .\n(sec.83-ssec.5) Subsections (2) and (3) do not apply in relation to contributions made under an Act to a special purpose account.\n(sec.83-ssec.6) Also, subsection (3) does not apply to an amount received from the Treasurer or an administered receipt received for another department.\n(sec.83-ssec.7) An amount of public moneys may be paid from a departmental financial institution account only under subsection (3) or the prescribed requirements.\n(sec.83-ssec.8) An amount of non-public moneys may be paid from a departmental financial institution account only— under the prescribed requirements; or under an agreement, arrangement, contract, court order, law or transaction under which the non-public moneys are received or become payable.\n- (a) for overseas operations—with the banking institution approved by the Treasurer; and\n- (b) otherwise—with the financial institutions approved by the Treasurer.\n- (a) under the prescribed requirements; or\n- (b) under an agreement, arrangement, contract, court order, law or transaction under which the non-public moneys are received or become payable.","sortOrder":105},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Special purpose financial institution accounts","content":"### sec.83A Special purpose financial institution accounts\n\nThis section applies in relation to a department’s special purpose accounts.\nThe accountable officer of the department must establish the accounts necessary for administering the special purpose accounts (the special purpose financial institution accounts ), and conduct banking arrangements for the special purpose accounts, with the financial institutions approved by the Treasurer.\nAn amount may be paid from the special purpose financial institution accounts only if the payment is authorised under the Act that requires the keeping of the special purpose accounts.\nTo remove any doubt, it is declared that special purpose financial institution accounts are not departmental financial institution accounts.\ns 83A ins 2020 No. 29 s 21\n(sec.83A-ssec.1) This section applies in relation to a department’s special purpose accounts.\n(sec.83A-ssec.2) The accountable officer of the department must establish the accounts necessary for administering the special purpose accounts (the special purpose financial institution accounts ), and conduct banking arrangements for the special purpose accounts, with the financial institutions approved by the Treasurer.\n(sec.83A-ssec.3) An amount may be paid from the special purpose financial institution accounts only if the payment is authorised under the Act that requires the keeping of the special purpose accounts.\n(sec.83A-ssec.4) To remove any doubt, it is declared that special purpose financial institution accounts are not departmental financial institution accounts.","sortOrder":106},{"sectionNumber":"sec.84","sectionType":"section","heading":"Overdrafts","content":"### sec.84 Overdrafts\n\nAn accountable officer must not, other than under a Treasurer’s approval, arrange an overdraft for a departmental financial institution account.","sortOrder":107},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Derivative transactions","content":"## Derivative transactions","sortOrder":108},{"sectionNumber":"sec.85","sectionType":"section","heading":"When departments may enter into derivative transactions","content":"### sec.85 When departments may enter into derivative transactions\n\nA department may enter into a derivative transaction under this division—\nin its own name; or\nin the name of a person who, under a Treasurer’s approval, has been appointed in writing by the department as its agent for this division.\nThe department may enter into a derivative transaction only if—\nthe Treasurer’s approval has been given for the department to enter into the derivative transaction or derivative transactions of that type; and\nthe department enters into the derivative transaction to hedge against a risk to which the department is or will be exposed.\nTo remove any doubt, it is declared that a department does not enter into a derivative transaction for the purposes of subsection (1) if the department merely takes over the administration of a derivative transaction entered into by another department under this section.\ns 85 amd 2015 No. 4 s 56\n(sec.85-ssec.1) A department may enter into a derivative transaction under this division— in its own name; or in the name of a person who, under a Treasurer’s approval, has been appointed in writing by the department as its agent for this division.\n(sec.85-ssec.2) The department may enter into a derivative transaction only if— the Treasurer’s approval has been given for the department to enter into the derivative transaction or derivative transactions of that type; and the department enters into the derivative transaction to hedge against a risk to which the department is or will be exposed.\n(sec.85-ssec.3) To remove any doubt, it is declared that a department does not enter into a derivative transaction for the purposes of subsection (1) if the department merely takes over the administration of a derivative transaction entered into by another department under this section.\n- (a) in its own name; or\n- (b) in the name of a person who, under a Treasurer’s approval, has been appointed in writing by the department as its agent for this division.\n- (a) the Treasurer’s approval has been given for the department to enter into the derivative transaction or derivative transactions of that type; and\n- (b) the department enters into the derivative transaction to hedge against a risk to which the department is or will be exposed.","sortOrder":109},{"sectionNumber":"sec.86","sectionType":"section","heading":"Requirement to report to appropriate Minister about derivative transactions","content":"### sec.86 Requirement to report to appropriate Minister about derivative transactions\n\nA department must give the appropriate Minister a report about each derivative transaction administered by the department.\nThe report must be given at the times, and contain the information, required by the prescribed requirements.\nThe appropriate Minister must monitor each derivative transaction administered by the department.\nAfter a department gives a report to an appropriate Minister under subsection (1) , the department must give a copy of the report to the Treasurer or an appropriately qualified employee of the treasury department.\nFor this section, a department administers a derivative transaction if—\nthe department entered into the derivative transaction under section 85 ; or\nthe department has taken over the administration of the derivative transaction from another department that entered into the transaction under section 85 .\ns 86 amd 2015 No. 4 s 57\n(sec.86-ssec.1) A department must give the appropriate Minister a report about each derivative transaction administered by the department.\n(sec.86-ssec.2) The report must be given at the times, and contain the information, required by the prescribed requirements.\n(sec.86-ssec.3) The appropriate Minister must monitor each derivative transaction administered by the department.\n(sec.86-ssec.4) After a department gives a report to an appropriate Minister under subsection (1) , the department must give a copy of the report to the Treasurer or an appropriately qualified employee of the treasury department.\n(sec.86-ssec.5) For this section, a department administers a derivative transaction if— the department entered into the derivative transaction under section 85 ; or the department has taken over the administration of the derivative transaction from another department that entered into the transaction under section 85 .\n- (a) the department entered into the derivative transaction under section 85 ; or\n- (b) the department has taken over the administration of the derivative transaction from another department that entered into the transaction under section 85 .","sortOrder":110},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":111},{"sectionNumber":"sec.87","sectionType":"section","heading":"When department may invest or otherwise lend an amount","content":"### sec.87 When department may invest or otherwise lend an amount\n\nA department may not do any of the following other than under this section—\nmake an investment based on all or part of the balance in the departmental accounts of a department at the time of the investment; or\notherwise lend an amount even if lending the amount may be for the department’s purposes; or\npay moneys out of a departmental financial institution account for making an investment or otherwise lending an amount under paragraphs (a) or (b) .\nSubsection (1) does not prevent a department operating a deposit and withdrawal account with a financial institution if the account—\ndoes not include an overdraft facility; or\nincludes an overdraft facility under a Treasurer’s approval.\nSubsection (1) does not apply to a department to the extent the department is—\ndoing a thing mentioned in subsection (1) —\nunder a Treasurer’s approval; or\nfor entering into a derivative transaction under part 5 , division 6 ; or\nmaking an investment under an express power under another Act.\nFor subsection (3) (b) , a department does not have an express power to make an investment merely because the other Act states that the department has—\nthe powers of a corporation or individual; or\nthe power generally to enter into contracts; or\nthe power to do all things necessary or convenient for, or in connection with, the performance of the department’s functions.\n(sec.87-ssec.1) A department may not do any of the following other than under this section— make an investment based on all or part of the balance in the departmental accounts of a department at the time of the investment; or otherwise lend an amount even if lending the amount may be for the department’s purposes; or pay moneys out of a departmental financial institution account for making an investment or otherwise lending an amount under paragraphs (a) or (b) .\n(sec.87-ssec.2) Subsection (1) does not prevent a department operating a deposit and withdrawal account with a financial institution if the account— does not include an overdraft facility; or includes an overdraft facility under a Treasurer’s approval.\n(sec.87-ssec.3) Subsection (1) does not apply to a department to the extent the department is— doing a thing mentioned in subsection (1) — under a Treasurer’s approval; or for entering into a derivative transaction under part 5 , division 6 ; or making an investment under an express power under another Act.\n(sec.87-ssec.4) For subsection (3) (b) , a department does not have an express power to make an investment merely because the other Act states that the department has— the powers of a corporation or individual; or the power generally to enter into contracts; or the power to do all things necessary or convenient for, or in connection with, the performance of the department’s functions.\n- (a) make an investment based on all or part of the balance in the departmental accounts of a department at the time of the investment; or\n- (b) otherwise lend an amount even if lending the amount may be for the department’s purposes; or\n- (c) pay moneys out of a departmental financial institution account for making an investment or otherwise lending an amount under paragraphs (a) or (b) .\n- (a) does not include an overdraft facility; or\n- (b) includes an overdraft facility under a Treasurer’s approval.\n- (a) doing a thing mentioned in subsection (1) — (i) under a Treasurer’s approval; or (ii) for entering into a derivative transaction under part 5 , division 6 ; or\n- (i) under a Treasurer’s approval; or\n- (ii) for entering into a derivative transaction under part 5 , division 6 ; or\n- (b) making an investment under an express power under another Act.\n- (i) under a Treasurer’s approval; or\n- (ii) for entering into a derivative transaction under part 5 , division 6 ; or\n- (a) the powers of a corporation or individual; or\n- (b) the power generally to enter into contracts; or\n- (c) the power to do all things necessary or convenient for, or in connection with, the performance of the department’s functions.","sortOrder":112},{"sectionNumber":"sec.88","sectionType":"section","heading":"Treasurer’s approval to form, or become a member of, a company","content":"### sec.88 Treasurer’s approval to form, or become a member of, a company\n\nA department may do any of the following only under a Treasurer’s approval—\nform, or participate in the formation of, a company;\nbecome a parent entity in relation to a company;\nbecome a member of a company.\nThe Treasurer may give an approval for subsection (1) only if the department has developed a business case that satisfies the Treasurer that a company is the appropriate vehicle for the purpose for which the approval is required.\n(sec.88-ssec.1) A department may do any of the following only under a Treasurer’s approval— form, or participate in the formation of, a company; become a parent entity in relation to a company; become a member of a company.\n(sec.88-ssec.2) The Treasurer may give an approval for subsection (1) only if the department has developed a business case that satisfies the Treasurer that a company is the appropriate vehicle for the purpose for which the approval is required.\n- (a) form, or participate in the formation of, a company;\n- (b) become a parent entity in relation to a company;\n- (c) become a member of a company.","sortOrder":113},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Transfer of involvement in company to another department","content":"### sec.88A Transfer of involvement in company to another department\n\nThis section applies if—\nan approval is given for a department (the first department ) under section 88 (1) ; and\nbecause of a redistribution of public business of departments, the first department’s involvement in a company becomes the responsibility of another department (the second department ).\nFollowing a machinery of government change, the second department replaces the first department as the member of a company. The second department need not comply with section 88 (1) , but must comply with subsections (2) and (3) .\nThe second department must, within 4 months after the redistribution of public business of departments mentioned in subsection (1) (b) , apply for a Treasurer’s approval for the second department’s proposed action in relation to the company.\ncontinue as a member of a company, wind up or sell the company\nThe second department may continue as a member of the company only under a Treasurer’s approval.\nThe Treasurer may give an approval for subsection (3) only if the department has developed a business case that satisfies the Treasurer the continued membership is appropriate.\ns 88A ins 2015 No. 4 s 58\n(sec.88A-ssec.1) This section applies if— an approval is given for a department (the first department ) under section 88 (1) ; and because of a redistribution of public business of departments, the first department’s involvement in a company becomes the responsibility of another department (the second department ). Following a machinery of government change, the second department replaces the first department as the member of a company. The second department need not comply with section 88 (1) , but must comply with subsections (2) and (3) .\n(sec.88A-ssec.2) The second department must, within 4 months after the redistribution of public business of departments mentioned in subsection (1) (b) , apply for a Treasurer’s approval for the second department’s proposed action in relation to the company. continue as a member of a company, wind up or sell the company\n(sec.88A-ssec.3) The second department may continue as a member of the company only under a Treasurer’s approval.\n(sec.88A-ssec.4) The Treasurer may give an approval for subsection (3) only if the department has developed a business case that satisfies the Treasurer the continued membership is appropriate.\n- (a) an approval is given for a department (the first department ) under section 88 (1) ; and\n- (b) because of a redistribution of public business of departments, the first department’s involvement in a company becomes the responsibility of another department (the second department ).","sortOrder":114},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Requirement to publish particular information online","content":"# Requirement to publish particular information online","sortOrder":115},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":116},{"sectionNumber":"sec.88B","sectionType":"section","heading":"Purpose of part","content":"### sec.88B Purpose of part\n\nThe purpose of this part is to reduce red tape and the cost to the State associated with publishing information under State laws by modernising requirements to publish information to require publication online instead of in print except in particular circumstances.\ns 88B ins 2021 No. 12 s 219","sortOrder":117},{"sectionNumber":"sec.88C","sectionType":"section","heading":"Application of part","content":"### sec.88C Application of part\n\nThis part applies to a print requirement to the extent the requirement applies to a Minister, accountable officer or statutory body.\nFor subsection (1) , a print requirement is taken to apply to the accountable officer of a department if the requirement applies to—\nthe department; or\nan entity that is part of the department under section 8 (3) ; or\nanother officer or employee of the department.\nHowever, this part does not apply to a print requirement that—\nrequires information to be published in the gazette; or\nis a provision of general application; or\nis imposed under a national scheme law.\nAlso, this part does not apply to the publication of information under a print requirement to the extent that the information is published in print for the purpose of being tabled in the Legislative Assembly in compliance with a State law.\nIn this section—\ngeneral application , for a requirement, means the provision applies to a Minister, accountable officer, department or statutory body (a State entity ) in particular circumstances in the same way the provision would apply to another person who is not a State entity if the other person was in the same circumstances.\nA provision that applies to a land owner applies to a statutory body in relation to land owned by the statutory body in the same way the provision applies to another person who owns land.\nnational scheme law means a law of the State that—\nis substantially uniform with, or substantially corresponds to, a law of the Commonwealth or another State; and\nunder the law or an agreement between the State and the Commonwealth or other State—\ncan be amended only with the agreement of the Commonwealth or other State; or\nis amended only when the law of the Commonwealth or other State is amended, including, for example, because the law applies the law of the Commonwealth or other State as the law of Queensland.\ns 88C ins 2021 No. 12 s 219\n(sec.88C-ssec.1) This part applies to a print requirement to the extent the requirement applies to a Minister, accountable officer or statutory body.\n(sec.88C-ssec.2) For subsection (1) , a print requirement is taken to apply to the accountable officer of a department if the requirement applies to— the department; or an entity that is part of the department under section 8 (3) ; or another officer or employee of the department.\n(sec.88C-ssec.3) However, this part does not apply to a print requirement that— requires information to be published in the gazette; or is a provision of general application; or is imposed under a national scheme law.\n(sec.88C-ssec.4) Also, this part does not apply to the publication of information under a print requirement to the extent that the information is published in print for the purpose of being tabled in the Legislative Assembly in compliance with a State law.\n(sec.88C-ssec.5) In this section— general application , for a requirement, means the provision applies to a Minister, accountable officer, department or statutory body (a State entity ) in particular circumstances in the same way the provision would apply to another person who is not a State entity if the other person was in the same circumstances. A provision that applies to a land owner applies to a statutory body in relation to land owned by the statutory body in the same way the provision applies to another person who owns land. national scheme law means a law of the State that— is substantially uniform with, or substantially corresponds to, a law of the Commonwealth or another State; and under the law or an agreement between the State and the Commonwealth or other State— can be amended only with the agreement of the Commonwealth or other State; or is amended only when the law of the Commonwealth or other State is amended, including, for example, because the law applies the law of the Commonwealth or other State as the law of Queensland.\n- (a) the department; or\n- (b) an entity that is part of the department under section 8 (3) ; or\n- (c) another officer or employee of the department.\n- (a) requires information to be published in the gazette; or\n- (b) is a provision of general application; or\n- (c) is imposed under a national scheme law.\n- (a) is substantially uniform with, or substantially corresponds to, a law of the Commonwealth or another State; and\n- (b) under the law or an agreement between the State and the Commonwealth or other State— (i) can be amended only with the agreement of the Commonwealth or other State; or (ii) is amended only when the law of the Commonwealth or other State is amended, including, for example, because the law applies the law of the Commonwealth or other State as the law of Queensland.\n- (i) can be amended only with the agreement of the Commonwealth or other State; or\n- (ii) is amended only when the law of the Commonwealth or other State is amended, including, for example, because the law applies the law of the Commonwealth or other State as the law of Queensland.\n- (i) can be amended only with the agreement of the Commonwealth or other State; or\n- (ii) is amended only when the law of the Commonwealth or other State is amended, including, for example, because the law applies the law of the Commonwealth or other State as the law of Queensland.","sortOrder":118},{"sectionNumber":"sec.88D","sectionType":"section","heading":"Meaning of print requirement","content":"### sec.88D Meaning of print requirement\n\nA provision of a State law is a print requirement if—\nthe provision—\nrequires information to be published; and\nrequires or allows the information to be published in print; or\nthe provision requires that, if information is published under the provision, the publication must be in print.\nFor subsection (1) —\nit does not matter how a requirement to publish information is described; and\nwithout limiting paragraph (a) —\na requirement to publish information in a newspaper is taken to be a requirement to publish the information in print; and\na requirement to advertise for something is taken to be a requirement to publish an advertisement for the thing.\ns 88D ins 2021 No. 12 s 219\n(sec.88D-ssec.1) A provision of a State law is a print requirement if— the provision— requires information to be published; and requires or allows the information to be published in print; or the provision requires that, if information is published under the provision, the publication must be in print.\n(sec.88D-ssec.2) For subsection (1) — it does not matter how a requirement to publish information is described; and without limiting paragraph (a) — a requirement to publish information in a newspaper is taken to be a requirement to publish the information in print; and a requirement to advertise for something is taken to be a requirement to publish an advertisement for the thing.\n- (a) the provision— (i) requires information to be published; and (ii) requires or allows the information to be published in print; or\n- (i) requires information to be published; and\n- (ii) requires or allows the information to be published in print; or\n- (b) the provision requires that, if information is published under the provision, the publication must be in print.\n- (i) requires information to be published; and\n- (ii) requires or allows the information to be published in print; or\n- (a) it does not matter how a requirement to publish information is described; and\n- (b) without limiting paragraph (a) — (i) a requirement to publish information in a newspaper is taken to be a requirement to publish the information in print; and (ii) a requirement to advertise for something is taken to be a requirement to publish an advertisement for the thing.\n- (i) a requirement to publish information in a newspaper is taken to be a requirement to publish the information in print; and\n- (ii) a requirement to advertise for something is taken to be a requirement to publish an advertisement for the thing.\n- (i) a requirement to publish information in a newspaper is taken to be a requirement to publish the information in print; and\n- (ii) a requirement to advertise for something is taken to be a requirement to publish an advertisement for the thing.","sortOrder":119},{"sectionNumber":"sec.88E","sectionType":"section","heading":"Definitions for part","content":"### sec.88E Definitions for part\n\nIn this part—\ndepartment does not include—\nthe Office of the Governor; and\nthe Legislative Assembly and parliamentary service.\ninformation includes an advertisement.\nprint means print in hard copy.\nprint requirement see section 88D .\nstatutory body —\nincludes a government owned corporation and a subsidiary of a government owned corporation; but\ndoes not include—\na statutory body established for the purpose of providing oversight for a profession, including registering persons engaged in a profession, that does not represent the State; and\nthe Queensland Law Society Incorporated under the Legal Profession Act 2007\nthe Board of Professional Engineers of Queensland under the Professional Engineers Act 2002\na statutory body—\nthat does not represent the State; and\nin which a local government is entitled to participate in the management or profits; and\na university.\ns 88E ins 2021 No. 12 s 219\n- (a) the Office of the Governor; and\n- (b) the Legislative Assembly and parliamentary service.\n- (a) includes a government owned corporation and a subsidiary of a government owned corporation; but\n- (b) does not include— (i) a statutory body established for the purpose of providing oversight for a profession, including registering persons engaged in a profession, that does not represent the State; and Examples of statutory body for subparagraph (i) — • the Queensland Law Society Incorporated under the Legal Profession Act 2007 • the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002 (ii) a statutory body— (A) that does not represent the State; and (B) in which a local government is entitled to participate in the management or profits; and (iii) a university.\n- (i) a statutory body established for the purpose of providing oversight for a profession, including registering persons engaged in a profession, that does not represent the State; and Examples of statutory body for subparagraph (i) — • the Queensland Law Society Incorporated under the Legal Profession Act 2007 • the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002\n- • the Queensland Law Society Incorporated under the Legal Profession Act 2007\n- • the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002\n- (ii) a statutory body— (A) that does not represent the State; and (B) in which a local government is entitled to participate in the management or profits; and\n- (A) that does not represent the State; and\n- (B) in which a local government is entitled to participate in the management or profits; and\n- (iii) a university.\n- (i) a statutory body established for the purpose of providing oversight for a profession, including registering persons engaged in a profession, that does not represent the State; and Examples of statutory body for subparagraph (i) — • the Queensland Law Society Incorporated under the Legal Profession Act 2007 • the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002\n- • the Queensland Law Society Incorporated under the Legal Profession Act 2007\n- • the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002\n- (ii) a statutory body— (A) that does not represent the State; and (B) in which a local government is entitled to participate in the management or profits; and\n- (A) that does not represent the State; and\n- (B) in which a local government is entitled to participate in the management or profits; and\n- (iii) a university.\n- • the Queensland Law Society Incorporated under the Legal Profession Act 2007\n- • the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002\n- (A) that does not represent the State; and\n- (B) in which a local government is entitled to participate in the management or profits; and","sortOrder":120},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Requirement for online publication","content":"## Requirement for online publication","sortOrder":121},{"sectionNumber":"sec.88F","sectionType":"section","heading":"Print requirement must be complied with by online publication","content":"### sec.88F Print requirement must be complied with by online publication\n\nA Minister, accountable officer or statutory body must ensure that information that is the subject of a print requirement is not published in print other than as allowed under this section.\nThe information must be published—\non the website of the relevant department or statutory body; or\non a Queensland government website; or\nin the electronic version of a newspaper; or\nif the Minister, accountable officer or statutory body considers another website is appropriate, having regard to the nature of the information—on the other website.\nFor subsection (2) , the information is published on a website if the information can be accessed using the website.\nInformation can be accessed using a website if the information can be accessed using a search function on the website.\nHowever, the information may be published in print if an exemption mentioned in division 3 applies to the requirement.\nThe print requirement is taken to have been met if the publication of the information complies with this section.\nThis section applies despite the State law under which the print requirement is imposed.\nIn this section—\nQueensland government website means an official Queensland government website with a URL that includes ‘qld.gov.au’, other than the website of a local government.\ns 88F ins 2021 No. 12 s 219\n(sec.88F-ssec.1) A Minister, accountable officer or statutory body must ensure that information that is the subject of a print requirement is not published in print other than as allowed under this section.\n(sec.88F-ssec.2) The information must be published— on the website of the relevant department or statutory body; or on a Queensland government website; or in the electronic version of a newspaper; or if the Minister, accountable officer or statutory body considers another website is appropriate, having regard to the nature of the information—on the other website.\n(sec.88F-ssec.3) For subsection (2) , the information is published on a website if the information can be accessed using the website. Information can be accessed using a website if the information can be accessed using a search function on the website.\n(sec.88F-ssec.4) However, the information may be published in print if an exemption mentioned in division 3 applies to the requirement.\n(sec.88F-ssec.5) The print requirement is taken to have been met if the publication of the information complies with this section.\n(sec.88F-ssec.6) This section applies despite the State law under which the print requirement is imposed.\n(sec.88F-ssec.7) In this section— Queensland government website means an official Queensland government website with a URL that includes ‘qld.gov.au’, other than the website of a local government.\n- (a) on the website of the relevant department or statutory body; or\n- (b) on a Queensland government website; or\n- (c) in the electronic version of a newspaper; or\n- (d) if the Minister, accountable officer or statutory body considers another website is appropriate, having regard to the nature of the information—on the other website.","sortOrder":122},{"sectionNumber":"sec.88G","sectionType":"section","heading":"Effect of non-compliance","content":"### sec.88G Effect of non-compliance\n\nThis section applies if a print requirement requires information to be published in a notice, instrument or other document.\nFailure to comply with section 88F in relation to the publication of the information does not affect the validity of the notice, instrument or other document.\ns 88G ins 2021 No. 12 s 219\n(sec.88G-ssec.1) This section applies if a print requirement requires information to be published in a notice, instrument or other document.\n(sec.88G-ssec.2) Failure to comply with section 88F in relation to the publication of the information does not affect the validity of the notice, instrument or other document.","sortOrder":123},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":124},{"sectionNumber":"sec.88H","sectionType":"section","heading":"Printed publication in regional newspaper","content":"### sec.88H Printed publication in regional newspaper\n\nInformation may be published in print in a regional newspaper to the extent that publication in the newspaper complies with a print requirement.\nIn this section—\nmajor cities of Australia means—\nthe area classified under that name in the document titled ‘Australian Statistical Geography Standard, Volume 5—Remoteness Structure’, as published by the Australian Bureau of Statistics on its website and in force from time to time; or\nif there is no document mentioned in paragraph (a) in force—an area, prescribed by regulation, that is classified on a corresponding basis under another document that measures the relative remoteness of areas of Australia published by the Australian Bureau of Statistics.\nregional newspaper —\nmeans a newspaper that circulates generally in an area of the State that does not include an area classified as major cities of Australia; but\ndoes not include—\na newspaper that circulates generally in the State; and\na national newspaper.\ns 88H ins 2021 No. 12 s 219\n(sec.88H-ssec.1) Information may be published in print in a regional newspaper to the extent that publication in the newspaper complies with a print requirement.\n(sec.88H-ssec.2) In this section— major cities of Australia means— the area classified under that name in the document titled ‘Australian Statistical Geography Standard, Volume 5—Remoteness Structure’, as published by the Australian Bureau of Statistics on its website and in force from time to time; or if there is no document mentioned in paragraph (a) in force—an area, prescribed by regulation, that is classified on a corresponding basis under another document that measures the relative remoteness of areas of Australia published by the Australian Bureau of Statistics. regional newspaper — means a newspaper that circulates generally in an area of the State that does not include an area classified as major cities of Australia; but does not include— a newspaper that circulates generally in the State; and a national newspaper.\n- (a) the area classified under that name in the document titled ‘Australian Statistical Geography Standard, Volume 5—Remoteness Structure’, as published by the Australian Bureau of Statistics on its website and in force from time to time; or\n- (b) if there is no document mentioned in paragraph (a) in force—an area, prescribed by regulation, that is classified on a corresponding basis under another document that measures the relative remoteness of areas of Australia published by the Australian Bureau of Statistics.\n- (a) means a newspaper that circulates generally in an area of the State that does not include an area classified as major cities of Australia; but\n- (b) does not include— (i) a newspaper that circulates generally in the State; and (ii) a national newspaper.\n- (i) a newspaper that circulates generally in the State; and\n- (ii) a national newspaper.\n- (i) a newspaper that circulates generally in the State; and\n- (ii) a national newspaper.","sortOrder":125},{"sectionNumber":"sec.88I","sectionType":"section","heading":"Public health and safety purpose","content":"### sec.88I Public health and safety purpose\n\nThis section applies if a print requirement requires information to be published for a purpose that includes—\ninforming the public about a serious risk to the life, health or safety of individuals or the public; or\npreventing or lessening a serious risk to the life, health or safety of individuals or the public, including, for example, by advertising—\na recall from use, or for repair, of a motor vehicle, device or other thing that places, or may place, at serious risk the life, health or safety of individuals or the public because it is defective; or\nan amnesty for surrendering a firearm or obtaining the necessary authority to lawfully possess a firearm.\nThe information may be published in printed form to the extent necessary to achieve the purpose.\nA purpose mentioned in subsection (1) need not be stated in the law under which the print requirement applies if the purpose can be inferred from the circumstances in which the print requirement applies.\ns 88I ins 2021 No. 12 s 219\n(sec.88I-ssec.1) This section applies if a print requirement requires information to be published for a purpose that includes— informing the public about a serious risk to the life, health or safety of individuals or the public; or preventing or lessening a serious risk to the life, health or safety of individuals or the public, including, for example, by advertising— a recall from use, or for repair, of a motor vehicle, device or other thing that places, or may place, at serious risk the life, health or safety of individuals or the public because it is defective; or an amnesty for surrendering a firearm or obtaining the necessary authority to lawfully possess a firearm.\n(sec.88I-ssec.2) The information may be published in printed form to the extent necessary to achieve the purpose.\n(sec.88I-ssec.3) A purpose mentioned in subsection (1) need not be stated in the law under which the print requirement applies if the purpose can be inferred from the circumstances in which the print requirement applies.\n- (a) informing the public about a serious risk to the life, health or safety of individuals or the public; or\n- (b) preventing or lessening a serious risk to the life, health or safety of individuals or the public, including, for example, by advertising— (i) a recall from use, or for repair, of a motor vehicle, device or other thing that places, or may place, at serious risk the life, health or safety of individuals or the public because it is defective; or (ii) an amnesty for surrendering a firearm or obtaining the necessary authority to lawfully possess a firearm.\n- (i) a recall from use, or for repair, of a motor vehicle, device or other thing that places, or may place, at serious risk the life, health or safety of individuals or the public because it is defective; or\n- (ii) an amnesty for surrendering a firearm or obtaining the necessary authority to lawfully possess a firearm.\n- (i) a recall from use, or for repair, of a motor vehicle, device or other thing that places, or may place, at serious risk the life, health or safety of individuals or the public because it is defective; or\n- (ii) an amnesty for surrendering a firearm or obtaining the necessary authority to lawfully possess a firearm.","sortOrder":126},{"sectionNumber":"sec.88J","sectionType":"section","heading":"Requirement for information to be displayed at or sent to particular place or address","content":"### sec.88J Requirement for information to be displayed at or sent to particular place or address\n\nInformation may be published in print to the extent a print requirement requires a printed form of the information to be—\ndisplayed at a particular place; or\nsent to a person at the person’s address or another place.\ns 88J ins 2021 No. 12 s 219\n- (a) displayed at a particular place; or\n- (b) sent to a person at the person’s address or another place.","sortOrder":127},{"sectionNumber":"sec.88K","sectionType":"section","heading":"Publication for particular purposes","content":"### sec.88K Publication for particular purposes\n\nInformation may be published in print to the extent the publication relates to—\nthe administration of a court or tribunal, or a proceeding in a court or tribunal; or\na rule or order of a court or tribunal; or\nthe administration of a person’s estate by the public trustee; or\na function of the public trustee in relation to unclaimed property; or\na print requirement that, under a planning regulation, expressly applies to development for public housing.\nIn this section—\ndevelopment see the Planning Act 2016 , schedule 2 .\nplanning regulation means a regulation under the Planning Act 2016 .\npublic housing means public housing under a planning regulation.\npublic trustee see the Public Trustee Act 1978 , section 6 .\ns 88K ins 2021 No. 12 s 219\n(sec.88K-ssec.1) Information may be published in print to the extent the publication relates to— the administration of a court or tribunal, or a proceeding in a court or tribunal; or a rule or order of a court or tribunal; or the administration of a person’s estate by the public trustee; or a function of the public trustee in relation to unclaimed property; or a print requirement that, under a planning regulation, expressly applies to development for public housing.\n(sec.88K-ssec.2) In this section— development see the Planning Act 2016 , schedule 2 . planning regulation means a regulation under the Planning Act 2016 . public housing means public housing under a planning regulation. public trustee see the Public Trustee Act 1978 , section 6 .\n- (a) the administration of a court or tribunal, or a proceeding in a court or tribunal; or\n- (b) a rule or order of a court or tribunal; or\n- (c) the administration of a person’s estate by the public trustee; or\n- (d) a function of the public trustee in relation to unclaimed property; or\n- (e) a print requirement that, under a planning regulation, expressly applies to development for public housing.","sortOrder":128},{"sectionNumber":"sec.88L","sectionType":"section","heading":null,"content":"### Section sec.88L\n\ns 88L ins 2021 No. 12 s 219\nexp 2 June 2023 (see s 88L(3))","sortOrder":129},{"sectionNumber":"pt.6","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":130},{"sectionNumber":"sec.89","sectionType":"section","heading":"Comments or cost estimates during election period","content":"### sec.89 Comments or cost estimates during election period\n\nSubsection (2) applies to a public service employee of the treasury department (a treasury employee ), in the treasury employee’s official capacity, during the election period for a general election.\nThe treasury employee may not give oral or written comments or cost estimates, relating to the policy proposals of a political party or candidate for election, to anyone other than another treasury employee.\nSubsection (2) applies unless the treasury employee is specifically authorised under another Act to give the comments or estimates.\nThis section is to be read with the Electoral Act 1992 .\n(sec.89-ssec.1) Subsection (2) applies to a public service employee of the treasury department (a treasury employee ), in the treasury employee’s official capacity, during the election period for a general election.\n(sec.89-ssec.2) The treasury employee may not give oral or written comments or cost estimates, relating to the policy proposals of a political party or candidate for election, to anyone other than another treasury employee.\n(sec.89-ssec.3) Subsection (2) applies unless the treasury employee is specifically authorised under another Act to give the comments or estimates.\n(sec.89-ssec.4) This section is to be read with the Electoral Act 1992 .","sortOrder":131},{"sectionNumber":"sec.90","sectionType":"section","heading":"Regulation-making power","content":"### sec.90 Regulation-making power\n\nThe governor in council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may create offences and prescribe penalties of not more than 5 penalty units for the offences.\n(sec.90-ssec.1) The governor in council may make regulations under this Act.\n(sec.90-ssec.2) Without limiting subsection (1) , a regulation may create offences and prescribe penalties of not more than 5 penalty units for the offences.","sortOrder":132},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":133},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":134},{"sectionNumber":"sec.91","sectionType":"section","heading":"Repeal","content":"### sec.91 Repeal\n\nThe Financial Administration and Audit Act 1977 , No. 10 is repealed.","sortOrder":135},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 9 of 2009","content":"## Transitional provisions for Act No. 9 of 2009","sortOrder":136},{"sectionNumber":"sec.92","sectionType":"section","heading":"Definitions for div 2","content":"### sec.92 Definitions for div 2\n\nIn this division—\ncommencement means commencement of the provision in which the term is used.\nrepealed Act means the Financial Administration and Audit Act 1977 .","sortOrder":137},{"sectionNumber":"sec.93","sectionType":"section","heading":"References to repealed Act","content":"### sec.93 References to repealed Act\n\nIn an Act or document, a reference to the repealed Act may, if the context permits, be taken to be a reference to this Act.","sortOrder":138},{"sectionNumber":"sec.94","sectionType":"section","heading":"References to Treasury investment suspense account and financial institution account","content":"### sec.94 References to Treasury investment suspense account and financial institution account\n\nA reference in an Act or document to the Treasury investment suspense account is taken to be a reference to the treasury offset account.\nA reference in an Act or document to the Treasury investment suspense financial institution account or TISFIA is taken be a reference to the treasury offset bank account.\n(sec.94-ssec.1) A reference in an Act or document to the Treasury investment suspense account is taken to be a reference to the treasury offset account.\n(sec.94-ssec.2) A reference in an Act or document to the Treasury investment suspense financial institution account or TISFIA is taken be a reference to the treasury offset bank account.","sortOrder":139},{"sectionNumber":"sec.95","sectionType":"section","heading":"Exemptions from complying with financial management standards","content":"### sec.95 Exemptions from complying with financial management standards\n\nAn exemption from complying with all or part of a financial management standard, granted by the Treasurer under section 46LC of the repealed Act, lapses on the commencement.","sortOrder":140},{"sectionNumber":"sec.96","sectionType":"section","heading":"Continuing funds","content":"### sec.96 Continuing funds\n\nOn the commencement—\nthe continuing funds mentioned in schedule 2, column 2 are closed; and\nmoneys remaining in a continuing fund mentioned in column 2 are transferred to a departmental account of the department mentioned opposite the fund in schedule 2, column 1.\nIn this section—\ncontinuing fund means a continuing fund continued in existence under section 29 of the repealed Act.\n(sec.96-ssec.1) On the commencement— the continuing funds mentioned in schedule 2, column 2 are closed; and moneys remaining in a continuing fund mentioned in column 2 are transferred to a departmental account of the department mentioned opposite the fund in schedule 2, column 1.\n(sec.96-ssec.2) In this section— continuing fund means a continuing fund continued in existence under section 29 of the repealed Act.\n- (a) the continuing funds mentioned in schedule 2, column 2 are closed; and\n- (b) moneys remaining in a continuing fund mentioned in column 2 are transferred to a departmental account of the department mentioned opposite the fund in schedule 2, column 1.","sortOrder":141},{"sectionNumber":"sec.97","sectionType":"section","heading":"Treasurer’s unclaimed moneys fund","content":"### sec.97 Treasurer’s unclaimed moneys fund\n\nUntil 30 June 2010—\nthe Treasurer’s unclaimed moneys fund, kept under section 46 of the repealed Act, continues in existence under this Act; and\ndespite the repeal of the repealed Act, section 46 as in force immediately before the commencement continues to apply to the fund.\nOn 1 July 2010—\nthe Treasurer’s unclaimed moneys fund is closed; and\nmoneys remaining in the fund are transferred to the consolidated fund.\nThe Treasurer may withdraw moneys transferred to the consolidated fund under subsection (2)(b) and pay them to a person who proves to the Treasurer’s satisfaction that the moneys are the property of the person.\ns 97 amd 2010 No. 26 s 68\n(sec.97-ssec.1) Until 30 June 2010— the Treasurer’s unclaimed moneys fund, kept under section 46 of the repealed Act, continues in existence under this Act; and despite the repeal of the repealed Act, section 46 as in force immediately before the commencement continues to apply to the fund.\n(sec.97-ssec.2) On 1 July 2010— the Treasurer’s unclaimed moneys fund is closed; and moneys remaining in the fund are transferred to the consolidated fund.\n(sec.97-ssec.3) The Treasurer may withdraw moneys transferred to the consolidated fund under subsection (2)(b) and pay them to a person who proves to the Treasurer’s satisfaction that the moneys are the property of the person.\n- (a) the Treasurer’s unclaimed moneys fund, kept under section 46 of the repealed Act, continues in existence under this Act; and\n- (b) despite the repeal of the repealed Act, section 46 as in force immediately before the commencement continues to apply to the fund.\n- (a) the Treasurer’s unclaimed moneys fund is closed; and\n- (b) moneys remaining in the fund are transferred to the consolidated fund.","sortOrder":142},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Transitional provision for Revenue Amendment and Trade and Investment Queensland Act 2013","content":"## Transitional provision for Revenue Amendment and Trade and Investment Queensland Act 2013","sortOrder":143},{"sectionNumber":"sec.98","sectionType":"section","heading":"Closure of Queensland future growth fund","content":"### sec.98 Closure of Queensland future growth fund\n\nOn the repeal of the Future Growth Fund Act 2006 —\nthe Queensland future growth fund established under that Act is closed; and\nany amount remaining in the fund is transferred to the consolidated fund.\ns 98 ins 2013 No. 28 s 28\n- (a) the Queensland future growth fund established under that Act is closed; and\n- (b) any amount remaining in the fund is transferred to the consolidated fund.","sortOrder":144}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act replaces the Financial Administration and Audit Act 1977 (s.91) and re-establishes the State’s consolidated fund and related machinery under updated structures and new parts. The text adds or emphasises new elements not in the repealed Act as presented: an express online-publication regime shifting print obligations to web publication with specific exemptions (pt 5A, ss.88B–88K); reworked account types such as the treasury offset account and handling of investment earnings (ss.49–51); and express duties for the Premier/Treasurer to publish broad objectives and a charter of fiscal responsibility (ss.10–11). Transitional provisions map legacy funds and references into the new scheme (ss.93–97). Those additions and the modernisation measures indicate the Act’s scope departs from the sole continuity of the repealed Act by introducing new reporting, investment and publication mechanisms that change operational practice (see ss.88B–88F, 49–51, 22–26)."},"complexity_factors":["Extensive cross-references and definitions that re‑scope who is a 'department' or 'statutory body' for many provisions (ss.4, 8–9).","Broad discretionary powers vested in the Treasurer (investment, borrowing, general and specific approvals, exemptions) with delegated operational rules (ss.40–44, 50–56, 59, 48).","Detailed financial accounting and reporting regime with multiple overlapping reports, audit timing windows and consolidation requirements (ss.22–26, 23–25).","Multiple account types and special-purpose account rules (consolidated fund operating and investment accounts, treasury offset account, departmental accounts, special purpose accounts) that determine cash flows and treatment of investment earnings (ss.17–18, 49–51, 69, 69A, 83–83A).","Procedural rules that create operational burdens (daily cash forecasts implied in s.19, quarterly and annual reporting schedules ss.22–25, requirements to supply information under s.26).","Regime of approvals, applications, registers and potential criminal penalties for false/misleading information (ss.41–46), requiring both administrative and legal compliance capacity.","Machinery-of-government and transitional provisions that preserve continuity while changing legal text (ss.79–80, 91–98), increasing interpretive complexity for transfers and final statements.","Numerous exemptions and special cases (e.g. controlled receipts excluded from some reports s.22(2), print publication exemptions ss.88H–88K) that require careful application.","Multiple delegation paths and limits on subdelegation that affect organisational responsibility (ss.48, 76)."],"plain_english_summary":"What this law does, mechanically\n\n- Establishes who owns and controls public money and public property (all are State property) and replaces the older Financial Administration and Audit Act 1977 (see s.3 and s.91).\n- Re-establishes and governs the consolidated fund and sets rules for the Treasurer’s bank and ledger accounts, what must be recorded there, what may be withdrawn and when (see pt 3: ss.16–21, 17–20, 18).  The Treasurer keeps separate operating and investment accounts (s.17).\n- Sets routine reporting and audit steps: quarterly statements, a consolidated year-end financial report, whole-of-government financial statements and the timing for audits and tabling in Parliament (ss.22–26, 23–25).\n- Defines departments and statutory bodies for the Act’s purposes (ss.8–9) and divides responsibilities between Ministers/Treasurer, accountable officers and statutory bodies for budgeting, accounting, internal controls, auditing and publishing annual reports (ss.10–11; ss.61–63; ss.68–69).\n- Authorises and constrains Treasury activity: investment of surplus cash, establishment of a treasury offset account and rules for dealing with investment earnings, borrowing for the State, and delegations of Treasurer powers (ss.49–53, 50–51, 55, 48).\n- Sets rules for appropriations and supply: annual appropriation Bills, interim supply, availability and lapse of appropriated amounts, treatment of unforeseen expenditure and how the Treasurer must record payments in the consolidated fund account (ss.27–36, 29–31, 35–36, 20).\n- Controls departments’ banking and investment activity: departments must keep accounts at approved financial institutions, pay administered receipts to the Treasurer as required, cannot overdraft or invest departmental balances except under the Act or Treasurer approval, and have detailed rules on special purpose accounts (ss.81–87, 83–83A, 84, 87, 69A).\n- Creates a Treasurer approval regime: the Treasurer may give general approvals (gazette notice) and specific approvals for departments/statutory bodies to exercise powers under the Act; the Act sets application, consultation, registers, offences for false information, and the Treasurer’s power to exempt or impose conditions (ss.39–46, 40–45, 59).\n- Sets responsibilities and internal governance inside departments: appointing and delegating to a chief finance officer and head of internal audit with minimum responsibilities; accountable officers must prepare departmental budgets and financial statements, and face powers to recover losses or value of damaged property from staff in defined circumstances (ss.77–78, 68–69, 72–75, 73–74).\n- Modernises publication requirements: a new part (pt 5A, ss.88B–88F) requires that information previously required in print be published online instead, with specific exemptions (regional newspapers, public health/safety notices, court/tribunal or trusteeship requirements and some display or postal requirements) (ss.88B–88K).\n\nWho this affects and who decides\n\n- The Treasurer and the treasury department have central operational and discretionary control over the consolidated fund, investment decisions, approvals, exemptions and reporting timetables (see ss.17–18, 50, 40–41, 59, 24–26).\n- Accountable officers (chief executives or persons appointed under s.65) are responsible for departmental budgets, accounts, annual financial statements, establishing internal controls, appointing chief finance officers and heads of internal audit, and complying with Treasurer notices (ss.65, 68–69, 77–78, 61–63, 26).\n- Departments and statutory bodies must follow Treasurer-created financial and performance management standards and report under those standards; the Treasurer can exempt them in whole or part (ss.57–59).\n- People who pay fees or charges to departments (described as controlled receipts) supply revenue that departments may retain under the Act; the Treasurer appropriates an amount equal to those controlled receipts to the relevant department each year (s.7, s.28).\n- Borrowing and investment activity affects the State’s balance sheet; while the Treasurer borrows for the State (s.55), the Treasurer may allocate borrowing-related fees to departments that have used the borrowed funds (s.56).\n\nWhy the Act says it matters (official purpose-claims) and the trade-offs the text creates\n\n- The Act includes stated objectives like requiring the Premier and Treasurer to publish broad community objectives and a charter of fiscal responsibility respectively (ss.10–11). Those are presented as transparency and fiscal discipline measures (ss.10–11). Mechanically, they require preparation, tabling and periodic reporting; that generates administrative work across departments and the treasury (s.10(1)–(3); s.11(1)–(4)).\n\n- The Act’s online publication part explicitly states its purpose is to reduce red tape and the State’s publishing costs by moving print requirements online (s.88B). Mechanically, this shifts where departments place required material, and adds operational responsibilities for websites and digital access; exemptions preserve printed publication in certain narrowly defined circumstances (ss.88F–88K).\n\n- The Treasurer is given broad operational discretion: making investments, arranging offsets with the Queensland Treasury Corporation, giving wide-ranging general or specific approvals, making standards that are subordinate legislation, and granting exemptions (ss.50–51, 40–44, 57–59). The Act imposes compliance obligations on departments and statutory bodies to supply information on request for whole-of-government statements (s.26). These arrangements concentrate decision-making authority in Treasury and create administrative and compliance burdens for departments (ss.48, 26, 40, 57). The text makes those trade-offs explicit: central oversight vs administrative cost and departmental autonomy.\n\n- Departments are permitted to retain controlled receipts (s.28). Mechanically, the Act appropriates an amount equal to a department’s controlled receipts to that department each year (s.28(2)). Those receipts come from users/customers who pay fees, donations, proceeds of asset disposals and other sources listed in s.7, so the immediate financial benefit to a department is concentrated to the recipient department; the Act requires the Treasurer to appropriate an equivalent amount from the consolidated fund (s.28).\n\n- The Treasurer may borrow and allocate borrowing fees to departments that benefited from borrowings (ss.55–56). This creates a direct charge against departments where the Treasurer judges borrowed money was used by that department (s.56).\n\nCompliance burden, discretion and implementation risk\n\n- Reporting and audit timetables are detailed (quarterly statements, consolidated annual reports, whole-of-government statements and audits with specified timing windows) and create recurring administrative obligations and coordination tasks across departments and the Auditor-General (ss.22–25, 24).\n- The Treasurer’s discretion—approvals, exemptions, investment choices, borrowings and delegation—means Treasury will exercise judgment frequently; that centralisation reduces procedural friction but increases implementation risk where Treasury judgment is required (ss.40–44, 50–56, 48).\n- Departments must comply with prescribed requirements and standards; failure to give accurate information to the Treasurer in approval processes is an offence (ss.41–46). There are also specific recovery mechanisms for losses and damaged property that place potential financial liability on officers and employees (ss.72–75, 73–74).\n\nWho pays and who benefits, in plain terms\n\n- Payors: users who pay fees/charges (controlled receipts) and, more generally, taxpayers who fund consolidated fund appropriations (ss.7, 28, 17).\n- Departments that collect controlled receipts keep the receipts for departmental use (s.28), so recipient departments directly benefit. The Treasurer’s appropriation of an amount equal to those controlled receipts formalises that retention (s.28(2)).\n- The Treasurer (and treasury officials) decide on investment, borrowing and many approvals; accountable officers decide on internal departmental arrangements, appointments and compliance (ss.17–18, 50, 55, 40, 65, 77–78).\n\nConcrete compliance actions mandated in the text (examples)\n\n- Departments must return regular cash forecasts daily to treasury (sec.19 process description for overdrafts).\n- Accountable officers must prepare annual departmental budgets and give them to ministers to be tabled (s.68).\n- Accountable officers and statutory bodies must prepare, certify and have audited annual financial statements in the way and within the time stated in a Treasurer standard (s.62).\n- Departments must publish information previously required in print online unless a specified exemption applies (s.88F).\n\nOverall mechanical effect\n\nThis law consolidates and updates the machinery for managing the State’s money: it prescribes how the consolidated fund and departmental accounts are kept and reported, centralises discretionary budgetary and investment powers with the Treasurer (but allows delegation), requires systematic financial reporting and audit, prescribes accountability inside departments (chief finance officer, internal audit head, and recovery rules), and modernises publication obligations by shifting most print requirements online while listing targeted exceptions (see pt 3, pt 5, pt 5A). The Act balances central control and oversight (Treasurer powers and whole-of-government statements) against departmental responsibilities and reporting obligations (accountable officers’ duties and standards)."},"kimi_summary":{"_metrics":{"completionTokens":796},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive financial accountability framework. The 2021 amendments (Part 5A) modernising publication requirements and various updates to cross-reference current statutes (e.g., Public Sector Act 2022) represent evolutionary updates rather than scope expansion. The core functions — consolidated fund management, appropriations, accountable officer responsibilities, and reporting — remain as originally enacted."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and sections (e.g., sections 69, 69A, 83, 83A creating parallel account structures)","Multiple defined terms with nested definitions (e.g., 'controlled receipt' has 9 sub-categories in section 7, with further conditions)","Conditional logic with multiple exceptions (e.g., section 50 investment powers have 3 alternative pathways depending on account balances)","Machinery of government provisions (sections 79-80, 88A) creating complex transitional arrangements for departmental reorganisations","Overlapping approval requirements — Treasurer's approvals, Governor in Council authorisations, and prescribed requirements interact throughout","Special purpose accounts (sections 69A, 83A) creating a parallel accounting structure separate from departmental accounts","2021 amendments (Part 5A) adding digital publication rules with multiple exemptions and carve-outs","Sub-delegation restrictions and qualification requirements for key officers (sections 76-78)","Derivative transaction rules (sections 85-86) with hedging restrictions and monitoring obligations"],"plain_english_summary":"This is Queensland's **Financial Accountability Act 2009**, a comprehensive law that governs how the State government manages its money, keeps records, and stays accountable to the public.\n\n**What it does in plain terms:**\n\n- **Establishes the rules for government banking**: All public money belongs to the State and must flow through the \"consolidated fund\" — essentially the government's main bank account, managed by the Treasurer.\n\n- **Sets up a transparent budget process**: The Treasurer must present annual appropriation Bills (budgets) to Parliament, and money can only be spent if Parliament has authorised it. There are special rules for \"unforeseen expenditure\" — emergency spending when something unexpected happens.\n\n- **Creates accountability roles**: Every government department must have an **accountable officer** (usually the chief executive) who is responsible for proper financial management, and a **chief finance officer** who handles day-to-day financial controls.\n\n- **Requires regular reporting**: The Treasurer must publish quarterly statements showing what money came in and what was spent. Annual financial statements must be audited and tabled in Parliament.\n\n- **Controls how departments can invest or borrow**: Departments generally cannot invest money or borrow without the Treasurer's approval. The Treasurer can invest surplus funds in approved securities.\n\n- **Modernises publication requirements** (added in 2021): Most information that used to have to be published in newspapers must now be published online instead, saving costs and reducing red tape — though exceptions exist for public safety and regional areas.\n\n- **Sets standards for financial management**: The Treasurer can make binding standards about how departments should manage money and performance, with exemptions possible in special circumstances.\n\n**Who it affects:**\n- Ministers and the Treasurer\n- All Queensland government departments and their accountable officers\n- Statutory bodies (government agencies with their own legal identity)\n- Public servants involved in financial management\n\n**Why it matters:**\nThis Act is the backbone of Queensland's public financial accountability. It ensures taxpayer money is spent lawfully, recorded properly, and reported transparently. It replaced the older *Financial Administration and Audit Act 1977* with more modern requirements, including stronger planning obligations and clearer rules about who can do what with public funds."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its title and stated purpose — it is a comprehensive financial accountability framework for Queensland government departments and statutory bodies, covering appropriations, consolidated fund management, reporting obligations and accountability mechanisms. No evidence of scope creep beyond its core financial governance purpose."},"complexity_factors":["Intricate multi-layered appropriation framework distinguishing ordinary vs parliamentary annual appropriation Acts, votes, headings, administered items, controlled receipts and equity adjustments","Complex definitions with circular cross-references (e.g. 'controlled receipt' has 9 sub-categories each cross-referencing other sections)","Multiple types of accounts (consolidated fund operating account, investment account, bank account, treasury offset account, departmental financial institution accounts) with distinct rules for each","Extensive Treasurer approval regime with general approvals, specific approvals, delegations and amendment procedures","Numerous time-bound obligations with different deadlines (2-week, 4-week, quarterly, 6-month, 14-day, 90-day windows) for different actors","Interaction with multiple other Acts (Public Sector Act 2022, Auditor-General Act 2009, Corporations Act, Commonwealth Constitution s96, Australian Accounting Standards)","Layered definitions of 'department' and 'statutory body' with multiple exceptions, carve-outs and cross-references to other provisions","Investment powers with seven distinct investment categories and conditions","Technical accounting concepts (equity adjustments, equity injections, equity withdrawals, administered vs controlled receipts) requiring specialist knowledge"],"plain_english_summary":"## What is this law?\n\nThe **Financial Accountability Act 2009** is Queensland's master rulebook for how the State government handles public money. It sets out who controls government funds, how money flows in and out of the government's main account (the **consolidated fund** — essentially Queensland's central bank account), and what records and reports must be prepared.\n\n## Who does it affect?\n\n- **Government departments** — every Queensland government agency must follow strict rules about receiving, spending, recording and reporting money\n- **Statutory bodies** — government-created organisations (like Queensland Rail or TAFE) with their own funds face accountability obligations\n- **The Treasurer and Premier** — must publicly report on the government's finances and objectives\n- **Accountable officers** (usually department chief executives) — personally responsible for their department's financial management\n- **Indirectly: all Queenslanders** — as the owners of all public money and property\n\n## What does it actually do?\n\n### 1. Declares public money belongs to the State\nAll government money and property belongs to Queensland (not to individual departments or officials).\n\n### 2. Sets up the consolidated fund\nThis is the government's main 'bank account'. The Act sets strict rules about what money goes in, what comes out, and who can authorise payments.\n\n### 3. Controls how government spending is approved (appropriations)\nMoney can only be spent if Parliament has approved it through an **appropriation Act** (a law that says 'you may spend up to $X on Y'). The Treasurer must introduce these spending Bills each year. Emergency or unforeseen spending needs Governor in Council (effectively Cabinet) approval.\n\n### 4. Requires public reporting\n- The **Premier** must publish the government's broad community goals and report on them\n- The **Treasurer** must publish a Charter of Fiscal Responsibility (financial goals and principles) and report regularly\n- **Quarterly financial statements** must be published showing money in and out\n- An annual **consolidated fund financial report** goes to the Auditor-General, then to Parliament\n- A **whole-of-government financial statement** must be prepared within 6 months of each financial year's end\n- **Ministerial office spending** must be reported twice yearly and audited\n\n### 5. Governs investment of surplus funds\nThe Treasurer can invest surplus public money in approved securities, banks, the Queensland Investment Corporation or Queensland Treasury Corporation.\n\n### 6. Creates accountability for department heads\nAccountable officers (department chiefs) are personally responsible for financial management, must keep proper accounts, and must comply with prescribed financial requirements.\n\n### 7. Penalises financial dishonesty\nProviding false or misleading financial information carries a penalty (up to 50 penalty units — currently around $8,000).\n\n## Why does it matter?\n\nThis Act is the foundation of Queensland's public sector financial integrity. Without it, governments could spend public money without authorisation, hide financial problems, or avoid accountability. It ensures taxpayers' money is tracked, reported and spent only as Parliament approves."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.2","severity":"medium","reasoning":"Sections 77 and 78 have a fixed commencement of 1 July 2009, but those sections presumably rely on definitions and framework provisions in Part 1 that only commence by proclamation. If proclamation has not yet been made as of 1 July 2009, sections 77 and 78 would operate without the Act's definitional machinery. This is a structural drafting issue common in staged-commencement legislation but creates genuine interpretive difficulty.","confidence":0.62,"description":"Sections 77 and 78 are stated to commence on 1 July 2009, but those sections are not included in the provided text. More critically, the remaining provisions commence 'on a date to be fixed by proclamation' — meaning the very definitions, commencement machinery and preliminary provisions in Part 1 (including sec.2 itself) may not yet be operative when sections 77 and 78 commence, creating a situation where operative provisions exist without their definitional framework."},{"type":"self_contradicting","section":"sec.7(sec.7-ssec.1) and sec.7(sec.7-ssec.2)","severity":"medium","reasoning":"A controlled receipt triggers an equivalent appropriation from the consolidated fund under sec.28, and a department may retain it under sec.28(1). However, an amount that must be recorded as a liability is not departmental income — it is owed to a third party. Appropriating the consolidated fund to match an amount the department must return to someone else produces a circular and incorrect financial outcome. The legislature appears to have intended this for specific accounting purposes, but the logic is strained.","confidence":0.65,"description":"The definition of 'administered receipt' is purely residual — it is whatever is 'not a controlled receipt'. However, sec.7(2)(h) defines as a controlled receipt 'an amount received by the department if, under the prescribed requirements, the amount must be recorded in the department's balance sheet as a liability'. A liability is money owed, not money the department has earned. Classifying an amount received that is a liability (e.g. a refundable deposit) as a 'controlled receipt' — suggesting the department may retain it and it appropriates the consolidated fund — is financially anomalous."},{"type":"circular_definition","section":"sec.8(sec.8-ssec.1) and sec.8(sec.8-ssec.2)","severity":"medium","reasoning":"The term 'department' is defined in sec.8(1) with five categories, but sec.8(2) restricts which of those categories count as a 'department' depending on the type of appropriation Act in question. This means the definition is context-dependent and potentially circular when provisions use 'department' without specifying which appropriation Act context applies.","confidence":0.7,"description":"Section 8(1) provides a universal definition of 'department' for the Act. Section 8(2) then provides that 'a department is' different things depending on which appropriation Act is being considered — effectively creating two different universes of what constitutes a 'department' depending on context. This means the word 'department' has an unstable referent throughout the Act, undermining the definitional clarity the section purports to provide."},{"type":"self_contradicting","section":"sec.14(sec.14-ssec.2) and sec.14(sec.14-ssec.3)","severity":"low","reasoning":"The concept of a freely negotiated 'agreed date' is undermined by the mandatory constraint in sec.14(3). The auditor-general cannot meaningfully agree to any date that would prevent sec.15 compliance, so the 'agreement' is illusory — it is effectively a unilateral deadline dressed up as mutual agreement.","confidence":0.72,"description":"Section 14(2) states the auditor-general must give the auditor-general's report 'by the date agreed between the Premier and the auditor-general'. Section 14(3) states 'the date agreed must allow the Premier to comply with section 15'. This creates an absurdity: the date is said to be 'agreed' (implying mutual consent) but is simultaneously legally constrained to allow compliance with sec.15. If the auditor-general agrees to a date that does not allow sec.15 compliance, the agreement is void under sec.14(3), meaning there is effectively no genuine 'agreement' — the Treasurer/Premier can simply insist on a date."},{"type":"impossible_compliance","section":"sec.28","severity":"medium","reasoning":"Constitutional and financial management orthodoxy requires appropriations to be of ascertainable amounts. An automatic appropriation equal to receipts not yet received creates a rolling, indeterminate appropriation that cannot be voted on or scrutinised by parliament in any meaningful dollar amount. This is a known legislative technique but is logically problematic as an 'appropriation'.","confidence":0.68,"description":"Section 28(2) appropriates the consolidated fund in an amount equal to a department's controlled receipts for a financial year. However, the amount of controlled receipts for a financial year is only known at the end of that year (or later). This means the appropriation is for an indeterminate, future, and unknowable amount at the time it is stated to operate, creating an appropriation of uncertain quantum that cannot be calculated in advance."},{"type":"other","section":"sec.29(sec.29-ssec.2)","severity":"medium","reasoning":"Annual appropriation acts are premised on annual financial accountability. Permitting payments for services from the previous year and the next year out of one year's appropriation means the same service delivery period could theoretically be funded by three different years' appropriations, making accountability and audit extremely difficult.","confidence":0.75,"description":"Section 29(2) permits the Treasurer to pay an amount from a department's appropriation for a service 'delivered in the financial year or the previous financial year' OR 'to be delivered in the financial year or in the next financial year'. This means a single year's appropriation can fund services from up to two financial years ago (previous year) or up to one year in advance (next year), creating a window of up to three financial years over which a single appropriation can be expended. This undermines the annual nature of the appropriation."},{"type":"retroactive_impossibility","section":"sec.35(sec.35-ssec.1)","severity":"medium","reasoning":"The concept of 'unforeseen expenditure' for a financial year implies the need arose unexpectedly during that year. Authorising such expenditure up to 4 weeks after the financial year ends creates a retroactive fiction — the expenditure is deemed to be for a year that has already concluded. While this has practical utility, it is logically inconsistent with the notion of expenditure being 'unforeseen' in a given year.","confidence":0.7,"description":"Section 35 permits the Governor in Council to authorise 'unforeseen expenditure' within the 'further 4 weeks' after a financial year ends. This means expenditure can be authorised as unforeseen after the financial year to which it relates has already ended — making it logically impossible for the expenditure to have been 'unforeseen during' the financial year, since it is being retrospectively characterised after the year's close."},{"type":"self_contradicting","section":"sec.46 and sec.47","severity":"medium","reasoning":"The asymmetry between sections 46 and 47 creates an absurd situation where a person who gives false oral information but promptly corrects it is guilty of an offence, whereas a person who gives the same false information in writing but corrects it is not guilty. This distinction has no rational basis and creates perverse incentives against written communication.","confidence":0.8,"description":"Sections 46 and 47 both create offences for giving false or misleading documents/information under sections 41 and 42. Section 46 covers documents containing false information, and sec.47 covers oral information. However, sec.46(2) provides a safe harbour defence (disclosing falsity and providing correct information), but sec.47 contains no equivalent safe harbour. A person who gives false oral information but immediately corrects it has a complete defence under sec.46(2)(a)-(b) if it was in a document, but no defence if it was oral."},{"type":"self_contradicting","section":"sec.50(sec.50-ssec.1)(a) and sec.50(sec.50-ssec.1)(b)","severity":"medium","reasoning":"If both (a) and (b) conditions are met at the same time (which is possible — if the consolidated fund bank account alone is in credit, the net combined balance would also likely be in credit), the Treasurer could simultaneously invest under both limbs, effectively investing the same underlying funds twice through different accounts. This creates a risk of double-counting investment authority.","confidence":0.58,"description":"Section 50(1)(a) permits investment when 'the balance of the Treasurer's consolidated fund bank account and the departmental financial institution accounts is a net credit balance', with payment from the treasury offset bank account. Section 50(1)(b) separately permits investment when 'the balance of the Treasurer's consolidated fund bank account is a net credit balance', with payment from the consolidated fund bank account. These two scenarios can coexist simultaneously, potentially enabling double-investment of the same pool of funds."}],"contradictions":[{"severity":"low","section_a":"sec.6(sec.6-ssec.1)","section_b":"sec.6(sec.6-ssec.4)","confidence":0.65,"description":"Section 6(1) defines 'an annual appropriation Act' as either an ordinary OR a parliamentary annual appropriation Act (disjunctive). Section 6(4) states 'the annual appropriation Acts for a financial year are BOTH' the ordinary and parliamentary annual appropriation Acts (conjunctive). This creates a contradiction between the singular/disjunctive definition in s6(1) and the plural/conjunctive characterisation in s6(4)."},{"severity":"medium","section_a":"sec.7(sec.7-ssec.2)(sec.7-ssec.3)","section_b":"sec.7(sec.7-ssec.3)","confidence":0.75,"description":"Section 7(2) provides an exhaustive list of what constitutes a 'controlled receipt'. Section 7(3) states that subsections (1) and (2) are 'subject to' an annual appropriation Act prescribing an amount as either an administered or controlled receipt. This means an annual appropriation Act can override the definitions in sec.7(1) and (2), effectively rendering those definitions non-exhaustive and potentially reclassifying amounts contrary to their natural character. An amount that is definitionally a controlled receipt under sec.7(2) could be prescribed as an administered receipt, contradicting the statutory definition."},{"severity":"medium","section_a":"sec.8(sec.8-ssec.3)","section_b":"sec.9(sec.9-ssec.3)","confidence":0.78,"description":"Section 8(3) provides that an entity is 'part of a department' if it meets certain criteria (State connection and funding from consolidated fund or controlled receipts). Section 9(3) provides that if an Act establishing an entity states it is a statutory body for this Act, it 'is not part of a department for this Act despite section 8(3)'. This means a legislative declaration can override the factual criteria in sec.8(3), creating a contradiction where an entity meeting all criteria to be 'part of a department' is deemed not to be so by statutory declaration — potentially removing accountability obligations that would otherwise apply."},{"severity":"low","section_a":"sec.22(sec.22-ssec.5)","section_b":"sec.22(sec.22-ssec.6)","confidence":0.6,"description":"Section 22(5) requires the Treasurer to make quarterly statements for the first, second or third quarters publicly available 'as soon as practicable'. Notably, the fourth quarter statement (the consolidated fund financial report) is not subject to this public availability requirement under sec.22(5) — instead it is governed by sec.23(5) which requires tabling in the Legislative Assembly. However, sec.22(6) requires that late payments/receipts within the 'further 2 weeks' be included in the fourth quarter quarterly statement. This means the fourth quarter report, which is the most comprehensive, is not required to be made publicly available under sec.22(5) while less comprehensive quarterly reports are — an inverted accountability structure."},{"severity":"medium","section_a":"sec.29(sec.29-ssec.1)","section_b":"sec.29(sec.29-ssec.3)","confidence":0.72,"description":"Section 29(1) states the appropriated amount 'is available for the Treasurer to pay to the department in the financial year or within the further 2 weeks'. Section 29(3) states that any unpaid amount 'lapses at the end of the further 2 weeks'. Read together, these provisions are consistent. However, sec.29(2) permits payment for services 'to be delivered in the next financial year', creating a contradiction: the appropriation lapses at the end of the further 2 weeks, yet payments can be made for services not yet delivered and deliverable in the next financial year — meaning the appropriation funds future-year activities but ceases to exist before those activities are confirmed as delivered."},{"severity":"low","section_a":"sec.31(sec.31-ssec.5)","section_b":"sec.32(sec.32-ssec.5)","confidence":0.65,"description":"Both section 31(5) and section 32(5) deem payments made under pre-appropriation supply statements to be 'taken to be authorised by' the subsequent annual appropriation Act. This creates a legal fiction that payments made before an Act existed were authorised by that Act — a retroactive authorisation. While common in Westminster systems, it creates a direct logical contradiction: an Act cannot authorise payments made before the Act was passed, yet the provision deems this to be so."},{"severity":"high","section_a":"sec.34(sec.34-ssec.3)","section_b":"sec.29(sec.29-ssec.1) and sec.27","confidence":0.82,"description":"Section 34(3) expressly permits the Treasurer to pay an amount to a delivering department 'even though the amount appropriated to the department under the relevant annual appropriation Act for the financial year will be exceeded'. This directly contradicts the principle underlying section 27 (that annual appropriation Acts set the authorised spending limits for departments) and the general appropriation framework, which treats the voted amount as the ceiling for departmental expenditure."},{"severity":"low","section_a":"sec.18(sec.18-ssec.3)","section_b":"sec.19","confidence":0.85,"description":"Section 18(3) provides an exhaustive list of permitted withdrawals from the Treasurer's consolidated fund bank account. Section 19 authorises overdrawing of the account when unintentional, and sec.19(3) states it 'has effect despite section 18'. This is an explicit contradiction: sec.18 states only specified withdrawals are permitted, but sec.19 permits withdrawals (via overdraft) that are not on that list. While sec.19(3) resolves the hierarchy, the substantive provisions remain logically contradictory."}]}},"importantCases":[],"_links":{"self":"/api/acts/financial-accountability-act-2009","history":"/api/acts/financial-accountability-act-2009/history","analysis":"/api/acts/financial-accountability-act-2009/analysis","conflicts":"/api/acts/financial-accountability-act-2009/conflicts","importantCases":"/api/acts/financial-accountability-act-2009/important-cases","documents":"/api/acts/financial-accountability-act-2009/documents"}}