{"id":"a-1996-22","name":"Financial Management Act 1996","slug":"financial-management-act-1996","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"22 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23564,"registerId":"act-a-1996-22-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Financial Management Act 1996.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Act subject to Territory Superannuation Provision","content":"2 Act subject to Territory Superannuation Provision\nProtection Act\nThis Act is subject to the Territory Superannuation Provision\nProtection Act 2000.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in the Act,\nand includes references (signpost definitions) to other terms defined\nelsewhere in this Act or in other legislation.\nFor example, the signpost definition ‘superannuation appropriation—\nsee the Territory Superannuation Provision Protection Act 2000,\ndictionary.’ means that the term ‘superannuation appropriation’ is\ndefined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156).\n","sortOrder":2},{"sectionNumber":"3A","sectionType":"section","heading":"Notes","content":"3A Notes\nA note included in this Act is explanatory and is not part of the Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"3B","sectionType":"section","heading":"Declaration that certain bodies are not territory","content":"3B Declaration that certain bodies are not territory\nauthorities for Act\n(1) The Treasurer may declare that a stated body is not a territory\nauthority for this Act or a stated provision of this Act.\n(2) A declaration is a notifiable instrument.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application of pts 2 to 5—Office of the Legislative","content":"4 Application of pts 2 to 5—Office of the Legislative\nAssembly and officers of the Assembly\n(1) Unless the contrary intention appears, the provisions of parts 2 to 5\napply to—\n(a) the Office of the Legislative Assembly as if—\n(i) a reference in those provisions to a directorate included a\nreference to the office; and\n(ii) a reference in those provisions to the responsible Minister\nof a directorate were a reference to the Speaker; and\n(iii) a reference in those provisions to the responsible\ndirector-general of a directorate included a reference to the\nclerk of the Legislative Assembly; and\n(b) an officer of the Assembly as if—\n(i) a reference in those provisions to a directorate included a\nreference to the officer; and\n(ii) a reference in those provisions to the responsible Minister\nof a directorate were a reference to the Legislative\nAssembly; and\n(iii) a reference in those provisions to the responsible\ndirector-general of a directorate included a reference to the\nofficer.\n\n(2) Division 3.2 (Financial reports and performance statements of\ndirectorates) applies to the auditor-general as if a reference in that\ndivision to the auditor-general were a reference to the independent\nauditor engaged under the Auditor-General Act 1996, section 31\n(Independent auditor).\nNote Div 3.2, s 30A and s 30E do not apply to the auditor-general (see\ns 30A (3) and s 30E (4)).\n(3) For section 20AB and section 20AC, a reference to an officer of the\nAssembly, in relation to the electoral commissioner, includes the\nother members of the electoral commission.\nNote The electoral commissioner is an officer of the Assembly (see Legislation\nAct, dict, pt 1). All members of the electoral commission are independent\nofficers of the Legislative Assembly (see Electoral Act 1992, s 6A).\n(4) Section 31 (2) (c) does not apply to—\n(a) the Office of the Legislative Assembly; and\n\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"1.1 Appropriations and budgets—generally","content":"Subdivision 2.1.1 Appropriations and budgets—generally\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Timing of first Appropriation Bill for financial year","content":"5 Timing of first Appropriation Bill for financial year\nExcept as otherwise provided by a resolution of the Legislative\nAssembly, the first Appropriation Bill relating to a financial year\nmust be introduced into the Legislative Assembly not later than\n3 months after the beginning of the financial year.\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Necessity for appropriation","content":"6 Necessity for appropriation\nNo payment of public money must be made otherwise than in\naccordance with an appropriation.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Payments authorised on lapse of appropriation","content":"7 Payments authorised on lapse of appropriation\n(1) If, before the end of a financial year, no Act other than this Act has\nbeen passed appropriating public money to meet the requirements of\nthe next financial year, the Treasurer may pay the amounts necessary\nto meet those requirements subject to the following provisions:\n(a) the authority of the Treasurer under this section ceases on the\ncommencement of the first Appropriation Act for the next\nfinancial year;\n(b) on that commencement all payments made under this section for\nthe next financial year are taken for all purposes to have been\npaid out of money appropriated by that Act;\n(c) for the 2021-22 financial year—the payments made under this\nsection for any purpose must not exceed, in total, 75% of the\namount appropriated by Appropriation Acts for the 2020-21\nfinancial year for that purpose;\n\n(d) for any other financial year—the payments made under this\nsection for any purpose must not exceed, in total, 1/2 of the\namount appropriated by Appropriation Acts for the immediately\nprevious financial year for that purpose.\npurpose means a purpose that could reasonably be considered to be\nwithin the usual responsibilities and ordinary business of an entity.\n","sortOrder":9},{"sectionNumber":"7A","sectionType":"section","heading":"Temporary advance for new purpose or new entity","content":"7A Temporary advance for new purpose or new entity\n(a) an amount is proposed to be appropriated by a bill for the first\nAppropriation Act for a financial year for a new purpose or a\nnew entity; and\n(b) the bill has not yet been passed by the Legislative Assembly.\n(2) The Treasurer may, in writing, authorise an amount (a temporary\nadvance) for expenditure for the new purpose or new entity if the\nTreasurer is satisfied that there is an immediate requirement for the\nexpenditure.\n(3) A temporary advance must be authorised from the amount paid by the\nTreasurer under section 7 for section 18 (Treasurer’s advance).\n(4) The total amount of temporary advances authorised must not exceed\n50% of the amount paid by the Treasurer under section 7 for\nsection 18.\n(5) On the commencement of the first Appropriation Act for the financial\n(a) the temporary advance ceases; and\n(b) the temporary advance is taken to have been paid out of money\nappropriated by that Act; and\n\n(c) the amount appropriated for section 18 for the financial year is\ntaken to be restored by the amount of the temporary advance;\nand\n(d) if the amount proposed to be appropriated under\nsubsection (1) (a) is not passed in that Act—the temporary\nadvance is taken to have been authorised from the appropriation\nfor section 18 for the financial year.\n(6) If the Treasurer authorises a temporary advance, the Treasurer must\nattach the authorisation to the next financial statement presented to\nthe Legislative Assembly.\nnew entity means an entity that has a purpose not previously included,\nor not reasonably considered to be, within the usual responsibilities\nand ordinary business of another entity.\nnew purpose means a purpose other than a purpose that could\nreasonably be considered to be within the usual responsibilities and\nordinary business of an entity.\n","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Form of appropriations","content":"8 Form of appropriations\n(1) An Appropriation Act may make separate appropriations in relation\nto each directorate for—\n(a) any controlled recurrent payments to be provided to the\ndirectorate; and\n(b) any capital injection to be provided to the directorate; and\n(c) any payments to be made by the directorate on behalf of the\n\n(2) An Appropriation Act may make separate appropriations in relation\nto a territory authority or territory-owned corporation for—\n(a) any controlled recurrent payments to be provided to the\nauthority or corporation; and\n(b) any capital injection to be provided to the authority or\n(3) There must be a separate Appropriation Act for an appropriation for\nthe Office of the Legislative Assembly.\n(4) Any appropriation for an officer of the Assembly must be contained\nin an Appropriation Act for an appropriation for the Office of the\nLegislative Assembly.\n","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Net controlled recurrent payments","content":"9 Net controlled recurrent payments\n(1) An appropriation for controlled recurrent payments may be expressed\nto be made for net controlled recurrent payments.\n(2) Despite section 6 (Necessity for appropriation), if an appropriation\nfor a directorate is stated to be made for net controlled recurrent\npayments, the directorate may apply the following in paying the\nexpenses and liabilities of the directorate:\n(a) the payments it is entitled to receive for providing goods and\nservices, other than controlled recurrent payments under an\nAppropriation Act;\n(b) the value of the input tax credits to which it is entitled for taxable\nsupplies in relation to controlled recurrent payments.\n(3) If the appropriations made by an Appropriation Act for a directorate\ndo not state an amount, or state a ‘0’ appropriation, for controlled\nrecurrent payments, the appropriations have effect as if they included\nan appropriation for controlled recurrent payments for the directorate\nat no net cost to the Territory.\n\n","sortOrder":12},{"sectionNumber":"9A","sectionType":"section","heading":"Net appropriations for capital injections","content":"9A Net appropriations for capital injections\n(1) An appropriation for a capital injection may be stated to be made for,\nor partly for, the net cost of purchasing or developing assets.\n(2) Despite section 6, if an appropriation is stated to be made for, or partly\nfor, the net cost of purchasing or developing assets, the value of the\ninput tax credits to which the relevant entity is entitled for taxable\nsupplies in relation to purchasing or developing the assets may be\napplied by the entity in paying the expenses and liabilities of the entity\nin purchasing or developing the assets.\nrelevant entity, in relation to an appropriation for a capital injection,\nmeans the territory entity that is to undertake the purchasing or\ndeveloping of assets for which the appropriation is made.\n","sortOrder":13},{"sectionNumber":"9B","sectionType":"section","heading":"Appropriations for payments on behalf of Territory to be","content":"9B Appropriations for payments on behalf of Territory to be\nnet appropriations\nDespite section 6 (Necessity for appropriation), if an appropriation\nfor a directorate is made for payments to be made on behalf of the\nTerritory, the directorate may apply input tax credits to which the\nTerritory is entitled for taxable supplies for which the payments are\nmade towards the payments under the appropriation.\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Budget papers","content":"10 Budget papers\nThe Treasurer must, for each financial year, immediately after the\npresentation of the bill for the first Appropriation Act relating to the\nyear, present to the Legislative Assembly—\n(a) the proposed budget for the Territory for the year; and\n(b) the proposed budget for each directorate for the year; and\n\n(c) the proposed budget for each territory authority and\nterritory-owned corporation for the year; and\n(d) a consolidated financial management statement in relation to—\n(i) the general government sector; and\n(ii) the public trading enterprise sector.\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Territory budgets","content":"11 Territory budgets\n(1) The proposed budget for the Territory for a financial year presented\nto the Legislative Assembly under section 10 (a) must include—\n(a) a financial policy objectives and strategies statement under\nsection 11A for the financial year; and\n(b) a statement of the economic or other assumptions used to make\nthe budget estimates; and\n(c) a statement about the sensitivity of the budget estimates to\nchanges in the economic or other assumptions; and\n(d) a statement of the risks, quantified if possible, that may affect\nthe budget estimates, including contingent liabilities; and\n(e) the financial statements required under the financial\n(f) a statement about the effect of the following on an ACT\nhousehold for the financial year:\n(i) Territory taxes and fees that have a direct effect on the\nhousehold;\n(ii) Territory concessions that offset the taxes and fees\nmentioned in subparagraph (i); and\n(g) a statement about the government’s spending intentions for the\nfinancial year, including any significant change in spending\nintentions from the previous financial year.\n\n(2) The proposed budget may include anything else the Treasurer\nconsiders relevant.\n(3) The proposed budget must be prepared in a form that assists a\ncomparison between the budget for the Territory for the previous\nfinancial year and the proposed budget.\n(4) The financial statements included in the proposed budget under\nsubsection (1) (e) must include budget estimates for each of the next\n(5) The proposed budget must be prepared taking into account—\n(a) the principles of responsible fiscal management;\n(b) the object of providing a basis for sustainable social and\neconomic services and infrastructure fairly to all ACT residents;\nand\n(c) the object of ecologically sustainable development.\n(6) The proposed budget may depart from the principles of responsible\nfiscal management, but if it does depart—\n(a) any departure must be temporary; and\n(b) the Treasurer must present to the Legislative Assembly, when\nthe first Appropriation Bill for the financial year is presented to\nthe Legislative Assembly, a statement setting out—\n(i) the reasons for the departure; and\n(ii) the approach intended to be taken to return to the\nprinciples; and\n(iii) when the principles are expected to be returned to.\n\necologically sustainable development means the effective integration\nof economic and environmental considerations in decision-making\nprocesses achievable through implementation of the following\nprinciples:\n(a) the precautionary principle;\n(b) the inter-generational equity principle;\n(c) conservation of biological diversity and ecological integrity;\n(d) improved valuation and pricing of environmental resources.\nfiscal risks include the following:\n(a) risks from the level of the Territory’s general government sector\ndebt;\n(b) commercial risks from ownership of corporations and public\nenterprises;\n(c) risks from changes in the structure of the Territory’s tax base;\n(d) risks from management of the Territory’s assets and liabilities.\ninter-generational equity principle means that the present generation\nshould ensure that the health, diversity and productivity of the\nenvironment is maintained or enhanced for the benefit of future\ngenerations.\nprecautionary principle means that, if there is a threat of serious or\nirreversible environmental damage, a lack of full scientific certainty\nshould not be used as a reason for postponing measures to prevent\nenvironmental degradation.\n\nprinciples of responsible fiscal management means the following\nprinciples:\n(a) ensuring that the total liabilities of the Territory are at prudent\nlevels to provide a buffer against factors that may impact\nadversely on the level of total Territory liabilities in the future,\nand ensuring that, until prudent levels have been achieved, the\ntotal operating expenses of the Territory in each financial year\nare less than its operating income levels in the same financial\nyear;\n(b) when prudent levels of total Territory liabilities have been\nachieved, maintaining the levels by ensuring that, on average,\nover a reasonable period of time, the total operating expenses of\nthe Territory do not exceed its operating income levels;\n(c) achieving and maintaining levels of Territory net worth to\nprovide a buffer against factors that may impact adversely on\nlevels of Territory net worth in the future;\n(d) managing prudently the fiscal risks of the Territory;\n(e) pursuing spending and taxing policies that are consistent with a\nreasonable degree of stability and predictability in the level of\nthe tax burden;\n(f) giving full, accurate and timely disclosure of financial\ninformation about the activities of the government and its\nagencies.\n","sortOrder":16},{"sectionNumber":"11A","sectionType":"section","heading":"Financial policy objectives and strategies statement","content":"11A Financial policy objectives and strategies statement\n(1) The purposes of a financial policy objectives and strategies statement\nincluded in a proposed budget under section 11 (1) (a) are—\n(a) to make transparent the government’s financial strategies; and\n(b) to establish a benchmark for evaluating the government’s\nconduct of financial policy.\n\n(2) The statement must be based on the principles of responsible fiscal\nmanagement.\n(3) The statement must—\n(a) state the government’s long-term financial objectives within\nwhich financial policy for the financial year and the next\n3 financial years will be framed; and\n(b) explain the broad strategic priorities on which the budget is\nbased; and\n(c) state the key financial measures that the government has\nidentified as being important and against which financial policy\nwill be set and assessed; and\n(d) state, for the financial year and the next 3 financial years—\n(i) the government’s short-term financial objectives; and\n(ii) the targets for each stated key financial measure; and\n(e) explain how the financial objectives and strategic priorities\nmentioned in paragraphs (a), (b) and (d) relate to the principles\nof responsible fiscal management; and\n(f) state the reasons for any changes from the previous financial\npolicy objectives and strategies statement.\nprinciples of responsible fiscal management—see section 11 (7).\n","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Directorate budgets","content":"12 Directorate budgets\n(1) A proposed budget for a directorate for a financial year presented to\nthe Legislative Assembly under section 10 (b) must include—\n\n(b) a statement that sets out—\n(i) the outputs and classes of outputs it is proposed the\ndirectorate should provide during the year; and\n(ii) the performance criteria to be met by the directorate in\nproviding the outputs; and\n(iii) for each output and class of output mentioned in\nsubparagraph (i)—\n(A) the proposed budget expense and proposed\nappropriation for the financial year; and\n(B) the estimated expense and appropriation for the\nprevious financial year; and\n(c) if, during the year, the directorate is to be given a capital\ninjection that must be repaid—a statement that—\n(i) states that the capital injection is a capital injection; and\nwhich it must be repaid.\n(2) Subsection (1) (b) does not apply to—\n(3) A proposed budget must be in a form that facilitates a comparison\nbetween—\n(a) the proposed budget for the directorate; and\n(b) the budget for the directorate for the previous financial year; and\n(c) the estimated results for the directorate for the previous financial\n\n(4) A proposed budget must also include, for the financial statements\nmentioned in subsection (1) (a), budget estimates for each of the next\n12AA Territory authority budgets\nA proposed budget presented to the Legislative Assembly under\nsection 10 (c) for a territory authority for a financial year is the\nstatement of intent under section 61 (Territory authority statements of\nintent) for the authority for the financial year.\n","sortOrder":18},{"sectionNumber":"12A","sectionType":"section","heading":"Territory-owned corporation budgets","content":"12A Territory-owned corporation budgets\n(1) A proposed budget presented to the Legislative Assembly under\nsection 10 (c) for a territory-owned corporation for a financial year\nmust include—\n(b) for a prescribed territory-owned corporation—a statement that\nsets out—\n(i) the outputs and classes of outputs it is proposed that the\nterritory-owned corporation should provide during the\n(ii) the performance criteria to be met by the territory-owned\ncorporation in providing the outputs; and\n(iii) for each output and class of output mentioned in\nsubparagraph (i)—\n(A) the proposed budget expense and proposed\nappropriation for the financial year; and\n(B) the estimated expense and appropriation for the\nprevious financial year; and\n\n(c) for a territory-owned corporation that, during the year, is to be\ngiven a capital injection that must be repaid—a statement that—\n(i) states that the capital injection is an injection that must be\nrepaid; and\nwhich it must be repaid.\n(2) A proposed budget must be in a form that facilitates a comparison\nbetween—\n(a) the proposed budget for the territory-owned corporation; and\n(b) the budget for the territory-owned corporation for the previous\n(c) the estimated results for the territory-owned corporation for the\nprevious financial year.\n(3) A proposed budget must also include, for the financial statements\nmentioned in subsection (1) (a), budget estimates for each of the next\n","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Supplementary budget papers","content":"13 Supplementary budget papers\n(1) This section applies if the Treasurer presents a bill for an\nAppropriation Act relating to a financial year to the Legislative\nAssembly, other than—\n(a) the bill for the first Appropriation Act relating to the year; or\n(b) the bill for the first Appropriation Act for the appropriation for\nthe Office of the Legislative Assembly relating to the year.\n(2) The Treasurer must also present supplementary budget papers to the\nAssembly.\n\n(3) The supplementary budget papers must, for each territory entity for\nwhich an appropriation is provided by the bill (an affected entity)—\n(a) state, for each purpose mentioned in section 8 that applies to the\naffected entity—\n(i) the amount of the appropriation provided in the first\nAppropriation Act; and\n(ii) the variations (if any) previously made to the appropriation\nunder this Act; and\n(iii) the amount of the appropriation provided by the bill; and\n(iv) the total amount appropriated for the entity for the financial\n(b) include a budgeted financial statement for each affected entity\nthat—\n(i) includes details of the impact on the budget of the affected\nentity of all variations to the appropriation that happened\nuntil the last day when it was practicable to provide for it\nin the relevant supplementary Appropriation Bill before the\nbill was introduced into the Legislative Assembly; and\n(ii) may show the impact of variations other than variations\nresulting from additional appropriations.\nExample—par (b) (ii)\nthe impact of revised economic forecasts\n","sortOrder":20},{"sectionNumber":"13A","sectionType":"section","heading":"Amendment of budgets for supplementary appropriation","content":"13A Amendment of budgets for supplementary appropriation\n(1) If an appropriation is made for a territory entity by an Appropriation\nAct other than the first Appropriation Act for it for a financial year,\nthe budget for the territory entity is amended in accordance with—\n(a) the supplementary budget papers presented to the Legislative\nAssembly under section 13 (1) in relation to the bill for the Act\nby which the appropriation was made; and\n\n(b) any statement presented to the Legislative Assembly under\nsection 13 (5) (b) in relation to the bill.\nbudget, for the territory entity, means the budget for the territory\nentity for the financial year presented to the Legislative Assembly\nunder section 10 (b) or (c) (Budget papers) and, if the budget has been\namended under this Act, the budget as amended.\n","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Transfer of funds between appropriations","content":"14 Transfer of funds between appropriations\nwriting, direct that appropriations made by an Appropriation Act be\nvaried by transfers of funds between the appropriations.\n(2) A transfer of funds between appropriations under this section must\nnot cause an appropriation from which funds are transferred to be\nreduced by more than 3%.\n(3) The Treasurer must attach a copy of the direction to the next financial\n(4) Subsection (1) does not apply to a superannuation appropriation.\nappropriation means an appropriation made by an Appropriation Act\nin a financial year or, if the appropriation is amended during the\nfinancial year, the appropriation as amended.\n\n","sortOrder":22},{"sectionNumber":"14A","sectionType":"section","heading":"Transfer of funds from capital injection appropriation to","content":"14A Transfer of funds from capital injection appropriation to\nother appropriations\nwriting, direct that an appropriation for capital injection for an entity\nbe varied by a transfer of funds from that appropriation to an\nappropriation for—\n(a) controlled recurrent payments for the entity; or\n(b) payments to be made on behalf of the Territory for the entity.\n(2) If the transfer would cause the appropriation for the capital injection\nto be reduced by—\n(a) up to 5% or $500 000, whichever is the greater—the Treasurer\npresented to the Legislative Assembly; or\n(b) more than 5% or $500 000, whichever is the greater—the\ndirection is a disallowable instrument.\nappropriation for capital injection means an appropriation for capital\ninjection made by an Appropriation Act in a financial year or, if the\nappropriation is amended during the financial year, the appropriation\nas amended.\n","sortOrder":23},{"sectionNumber":"14B","sectionType":"section","heading":"Transfer of funds from other appropriations to capital","content":"14B Transfer of funds from other appropriations to capital\ninjection appropriation\nwriting, direct that an appropriation for controlled recurrent payments\nor payments to be made on behalf of the Territory for an entity be\nvaried by a transfer of funds from those appropriations to an\nappropriation for capital injection for the entity.\n\n(2) The Treasurer must attach a copy of the direction to the next financial\nappropriation for controlled recurrent payments means an\nappropriation for controlled recurrent payments made by an\nAppropriation Act in a financial year or, if the appropriation is\namended during the financial year, the appropriation as amended.\nappropriation for payments to be made on behalf of the Territory\nmeans an appropriation for payments to be made on behalf of the\nTerritory made by an Appropriation Act in a financial year or, if the\nappropriation is amended during the financial year, the appropriation\nas amended.\n","sortOrder":24},{"sectionNumber":"15A","sectionType":"section","heading":"Reclassification of certain appropriations","content":"15A Reclassification of certain appropriations\n(1) If an appropriation has been classified by the Act by which it was\nmade as an appropriation for payments to be made by a directorate on\nbehalf of the Territory, the Treasurer may, if the Treasurer is satisfied\nthat the appropriation should be classified as an appropriation for\ncontrolled recurrent payments to be provided to the directorate, in\nwriting, direct that the classification of the appropriation be changed\naccordingly.\n(2) If an appropriation has been classified by the Act by which it was\nmade as an appropriation for controlled recurrent payments to be\nprovided to a directorate, the Treasurer may, if the Treasurer is\nsatisfied that the appropriation should be classified as an\nappropriation for payments to be made by the directorate on behalf of\nthe Territory, in writing, direct that the classification of the\nappropriation be changed accordingly.\n\n(3) If the Treasurer gives a direction under subsection (1) or (2), the\nTreasurer must attach a copy of the direction to the next financial\n","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Transfer of functions to another entity","content":"16 Transfer of functions to another entity\n(1) This section applies if the responsibility for a service or function for\nwhich an appropriation is made in an Appropriation Act for a\nfinancial year is or has been transferred from the territory entity to\nwhich the appropriation is made to another territory entity.\n(2) The Treasurer may, in writing, direct that the appropriation does not\nlapse but may, in accordance with the direction, be issued to, or\napplied by, the other territory entity for the service or function.\n(3) If the Treasurer gives a direction under subsection (2), the Treasurer\n(4) This section does not apply to a superannuation appropriation.\n","sortOrder":26},{"sectionNumber":"16A","sectionType":"section","heading":"Appropriation for accrued employee entitlements","content":"16A Appropriation for accrued employee entitlements\n(a) an employee entitlement exists in relation to a territory entity in\na financial year; and\n(b) the total amount of employee entitlements paid, or required to\nbe paid, by the territory entity in the financial year exceeds the\namount appropriated for the territory entity in relation to\nemployee entitlements for the financial year.\n(2) The Treasurer may, in writing, authorise an appropriation for the\nterritory entity for the amount that the total amount paid, or required\nto be paid, in the financial year exceeds the amount appropriated for\nthe territory entity for the financial year.\n\n(3) If the Treasurer authorises an appropriation under this section, the\nTreasurer must attach a copy of the authorisation to the next financial\n","sortOrder":27},{"sectionNumber":"16B","sectionType":"section","heading":"Rollover of undisbursed appropriation","content":"16B Rollover of undisbursed appropriation\n(1) This section applies to an amount of appropriation if, at the end of the\nfinancial year in which the appropriation is made, the amount is not\ndisbursed to the territory entity to which it is appropriated.\n(2) The Treasurer may, in writing, authorise the amount to be disbursed\nin the following financial year to—\n(a) the territory entity; or\n(b) if responsibility for a service or function for which the\nappropriation is made is transferred from the territory entity to\nanother territory entity—the other territory entity.\n(3) The Treasurer may give the authorisation in the financial year in\nwhich the appropriation is made, or in the following financial year.\n(4) The authorisation must identify—\n(a) the territory entity to which the amount is to be disbursed; and\n(b) the appropriation type; and\n(c) the amount authorised to be disbursed; and\n(d) the purpose for which the amount may be disbursed.\n(5) If the Treasurer authorises an amount to be disbursed under this\nsection—\n(a) the amount is taken to be an amount of appropriation for the\nfinancial year in which the amount is authorised to be disbursed;\nand\n\n(b) the amount is in addition to the appropriation to the territory\nentity for that financial year.\n(6) If the Treasurer authorises an amount to be disbursed under this\nsection, the Treasurer must attach a copy of the authorisation to the\nnext financial statement presented to the Legislative Assembly.\n","sortOrder":28},{"sectionNumber":"17","sectionType":"section","heading":"Variation of appropriations for Commonwealth grants","content":"17 Variation of appropriations for Commonwealth grants\n(1) This section applies to an appropriation that is declared by the Act by\nwhich it is made to be an appropriation to which this section applies.\n(2) If—\n(a) an appropriation to which this section applies is to be funded in\nwhole or in part by a payment made to the Territory by the\nCommonwealth for a nominated purpose; and\n(b) an estimate of the level of the funding to be provided to the\nTerritory by the Commonwealth for that purpose is contained in\nthe budget papers presented to the Legislative Assembly in\nconjunction with the bill for the Act by which the appropriation\nwas made; and\n(c) the level of funding provided to the Territory by the\nCommonwealth for that purpose for the financial year for which\nthe appropriation was made is greater than the level of funding\nspecified in those budget papers;\nthe Treasurer may, in writing, direct that the appropriation be\nincreased by an amount not exceeding the difference between the\nlevel of funding specified in the budget papers and the level of\nfunding provided by the Commonwealth.\n(3) The Treasurer may give the direction—\n(a) in the financial year in which the Commonwealth provides the\nfunding to the Territory; or\n\n(b) in the following financial year.\n(4) If the Treasurer gives the direction under subsection (3) (a), the\ndirection may also state the financial year in which the appropriation\nmay be disbursed to a territory entity.\n(5) If the responsibility for a service or function for which the\nappropriation is made is transferred from the territory entity to which\nthe appropriation is made to another territory entity, the Treasurer\nmay also direct that the appropriation be disbursed to the other\nterritory entity.\n(6) If the Treasurer gives a direction under this section—\n(a) the amount is taken to be an amount of appropriation for the\nfinancial year in which the amount is authorised to be disbursed;\nand\n(b) the amount is in addition to the appropriation to the territory\nentity for that financial year.\n(7) If the Treasurer gives a direction under this section, the Treasurer\n","sortOrder":29},{"sectionNumber":"17A","sectionType":"section","heading":"Variations of appropriations for certain payments to","content":"17A Variations of appropriations for certain payments to\nCommonwealth\n(1) This section applies to an appropriation that is declared by the Act by\nwhich it is made to be an appropriation to which the section applies.\n(2) If—\n(a) an appropriation to which this section applies is made\ncompletely or partially for a payment required to be made to the\nCommonwealth for the provision of a service; and\n\nSection\n(b) an estimate of the amount of the payment is contained in the\nbudget papers presented to the Legislative Assembly in\nconjunction with the bill for the Act by which the appropriation\nis made; and\n(c) the amount of the payment exceeds the amount of the estimate;\nthe Treasurer may, in writing, direct that the appropriation be\nincreased by an amount not more than the difference between the\namount of the estimate and the amount of the payment.\n(3) If the Treasurer gives a direction under subsection (2), the Treasurer\nSubdivision 2.1.2 Treasurer’s advances\n","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":"Treasurer’s advance","content":"18 Treasurer’s advance\n(1) The Treasurer may, in writing, authorise an appropriation\n(a Treasurer’s advance) for a payment if—\n(a) the Treasurer is satisfied that—\n(i) there is an immediate requirement for the payment; and\n(ii) the payment is not provided for, or is insufficiently\nprovided for, by an appropriation because—\n(A) there was an erroneous omission or understatement in\nan appropriation; or\n(B) the payment was unforeseen until after the last day\nwhen it was practicable to provide for it in the\nrelevant Appropriation Bill before the bill was\nintroduced into the Legislative Assembly; and\n\n(b) for a payment by an officer of the Assembly—the Speaker, after\nconsulting with the relevant Assembly committee, has advised\nthe Treasurer that an additional appropriation is needed for the\npayment, stating the reasons for the additional appropriation;\nand\n(c) the total Treasurer’s advances authorised as Treasurer’s\nadvances in a financial year do not exceed the amount\nappropriated for that year for Treasurer’s advances.\n(2) The amount appropriated for Treasurer’s advances must not exceed—\n(a) for the 2021-22 financial year—5% of the total amount\nappropriated by all Appropriation Acts for the year; or\n(b) for any other financial year—1% of the total amount\nappropriated by all Appropriation Acts for the year.\n(3) If, by the end of the financial year in which a Treasurer’s advance is\nauthorised, the Treasurer’s advance is not fully disbursed to the entity\nto which it is appropriated, the undisbursed amount of the Treasurer’s\nadvance lapses and is not available to be disbursed to the entity in the\nfollowing financial year.\nrelevant Appropriation Bill, for a payment, means—\n(a) the bill for the first Appropriation Act for the financial year\nwhen the payment is to happen; or\n(b) the bill for the first Appropriation Act for the appropriation for\nthe Office of the Legislative Assembly or an officer of the\nAssembly for the financial year when the payment is to happen.\nNote An appropriation for an officer of the Assembly must be contained\nin an Appropriation Act for an appropriation for the Office of the\nLegislative Assembly (see s 8 (4)).\n\n","sortOrder":31},{"sectionNumber":"18A","sectionType":"section","heading":"Treasurer’s advance—payment pending supplementary","content":"18A Treasurer’s advance—payment pending supplementary\nappropriation\n(a) in a financial year, the Treasurer authorises a Treasurer’s\nadvance for a payment; and\n(b) the authorisation states that the payment may be provided for in\nan Appropriation Act other than the first Appropriation Act\n(a supplementary appropriation Act) in the financial year.\n(2) If a supplementary appropriation Act is passed for the payment—\n(a) the Treasurer’s advance ceases; and\n(b) the amount of the Treasurer’s advance is taken for all purposes\nto have been paid out of money appropriated by that Act; and\n(c) the amount appropriated for section 18 (Treasurer’s advance) for\nthe financial year is taken to be restored by the amount of the\nTreasurer’s advance.\n(3) If a supplementary appropriation Act is not passed for the payment,\nthe payment continues to be authorised from the appropriation for\nsection 18 for the financial year.\n","sortOrder":32},{"sectionNumber":"18B","sectionType":"section","heading":"Treasurer’s advance—reduction of amounts","content":"18B Treasurer’s advance—reduction of amounts\n(1) This section applies if, in a financial year—\n(a) the Treasurer has authorised a Treasurer’s advance for an entity;\nand\n(b) the Treasurer’s advance has not been fully disbursed to the\n(c) the Treasurer is satisfied that the undisbursed amount is no\nlonger required by the entity.\n\n(2) The Treasurer may, in writing, authorise a reduction of the amount of\nthe Treasurer’s advance to the entity to the amount actually disbursed\nto the entity.\n(3) If the Treasurer authorises a reduction, the amount appropriated for\nsection 18 (Treasurer’s advance) for the financial year is taken to be\nrestored by the amount of the reduction.\n","sortOrder":33},{"sectionNumber":"18C","sectionType":"section","heading":"Assembly to be told about Treasurer’s advance","content":"18C Assembly to be told about Treasurer’s advance\n(1) This section applies if the Treasurer authorises—\n(a) a Treasurer’s advance; or\n(b) a reduction of an amount of Treasurer’s advance under\nsection 18B (2).\n(2) If the Treasurer authorises a Treasurer’s advance, the Treasurer must\nwithin 5 business days after authorising the advance give the Speaker\na copy of the authorisation.\n(3) The Speaker must arrange for a copy of the authorisation to be given\nto each member of the Legislative Assembly as soon as practicable\nafter it is received by the Speaker.\n(4) If an authorisation is given, the Treasurer must attach to the next\nfinancial statement presented to the Legislative Assembly—\n(a) a copy of the authorisation; and\n(b) a reconciliation stating the following:\n(i) the total amount appropriated for section 18 (Treasurer’s\nadvance) in all Appropriation Acts for the financial year;\n(ii) the total amount of Treasurer’s advance authorised\npreviously in the financial year under section 18 (1);\n\n(iii) the total payments for temporary advances taken to have\nbeen authorised previously in the financial year under\nsection 7A (5) (d) (Temporary advance for new purpose or\nnew entity);\n(iv) the total amount of payments restored previously in the\nfinancial year under section 18A (2) (c);\n(v) the total reduction of the amounts of Treasurer’s advance\npreviously authorised in the financial year under\nsection 18B (2);\n(vi) the amount authorised in the authorisation;\n(vii) the amount of appropriation for section 18 that remains for\n(5) In this section—\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; and\n(b) if both the Speaker and Deputy Speaker are unavailable—the\nclerk of the Legislative Assembly.\nunavailable—\n(a) the Speaker is unavailable if—\n(i) the Speaker is absent from duty; or\n(ii) there is a vacancy in the office of the Speaker; or\n(iii) the Speaker cannot for any reason exercise the functions of\nthe Speaker; and\n(b) the Deputy Speaker is unavailable if—\n(i) the Deputy Speaker is absent from duty; or\n\n(ii) there is a vacancy in the office of the Deputy Speaker; or\n(iii) the Deputy Speaker cannot for any reason exercise the\nfunctions of the Deputy Speaker.\nSubdivision 2.1.3 Capital works reserve\n","sortOrder":34},{"sectionNumber":"18D","sectionType":"section","heading":"Capital works reserve—appropriation","content":"18D Capital works reserve—appropriation\n(1) An Appropriation Act may make an appropriation for a capital works\nreserve.\n(2) The amount appropriated for the capital works reserve for a financial\nyear must not exceed 20% of the total amount appropriated for the\ncapital works program by all Appropriation Acts for the financial\n(3) If an amount is appropriated for a capital works reserve for a financial\nyear and the amount is not fully disbursed by the end of the financial\nyear, the undisbursed amount lapses and is not available to be\ndisbursed in the following financial year.\n","sortOrder":35},{"sectionNumber":"18E","sectionType":"section","heading":"Capital works reserve—authorising payments from","content":"18E Capital works reserve—authorising payments from\nreserve\n(1) This section applies if an amount has been appropriated under an\nAppropriation Act for a capital works reserve for a financial year.\n(2) The Treasurer may, in writing, authorise a payment for an entity’s\napproved capital works project (a capital works advance) to be made\nfrom the capital works reserve to the entity if—\n(a) the Treasurer is satisfied that—\n(i) there is an immediate requirement for the capital works\nadvance to be made to the entity; and\n\n(ii) the capital works advance is not provided for, or is\ninsufficiently provided for, by the appropriation to the\nentity for the capital works program for the financial year;\nand\n(b) the capital works advance would not result in the total amount\nfor the project exceeding the total amount budgeted for the\nproject; and\n(c) the total amount of capital works advances authorised in the\nfinancial year does not exceed the amount appropriated for the\ncapital works reserve in the year.\napproved capital works project means a capital works project\nmentioned in the capital works program.\ncapital works program means the capital works program mentioned\nin the budget papers.\n","sortOrder":36},{"sectionNumber":"18F","sectionType":"section","heading":"Capital works reserve—reducing partially unused","content":"18F Capital works reserve—reducing partially unused\npayments\n(1) This section applies if, in a financial year—\n(a) the Treasurer has authorised a capital works advance for an\n(b) the capital works advance has not been fully disbursed to the\n(c) the Treasurer is satisfied that the undisbursed amount is no\nlonger required by the entity.\n(2) The Treasurer may, in writing, authorise a reduction of the amount of\nthe capital works advance to the entity to the amount actually\ndisbursed to the entity.\n\n(3) If the Treasurer authorises a reduction, the capital works reserve for\nthe financial year is taken to be restored by the amount of the\nreduction.\n","sortOrder":37},{"sectionNumber":"18G","sectionType":"section","heading":"Capital works reserve—Treasurer must notify Assembly","content":"18G Capital works reserve—Treasurer must notify Assembly\n(1) This section applies if the Treasurer authorises a capital works\nadvance under section 18E.\n(2) The Treasurer must within 5 business days after authorising the\nadvance give the Speaker a copy of the authorisation.\n(3) The Speaker must arrange for a copy of the authorisation to be given\nto each member of the Legislative Assembly as soon as practicable\nafter it is received by the Speaker.\n(4) The Treasurer must attach to the next financial statement presented to\nthe Legislative Assembly—\n(a) a copy of the authorisation; and\n(b) a reconciliation stating the following:\n(i) the total amount appropriated for the capital works reserve\nfor the financial year under section 18D;\n(ii) the total amount of capital works advances authorised in\nthe financial year under section 18E;\n(iii) the total amount of reduction of capital works advances in\nthe financial year under section 18F;\n(iv) the amount authorised in the authorisation;\n(v) the amount remaining in the capital works reserve for the\nNote 1 For the presentation of financial statements, see s 26.\nNote 2 The Treasurer must also prepare a capital works report at least every\n6 months (see s 30F).\n\n(5) In this section—\nSpeaker includes—\n(a) if the Speaker is unavailable—the Deputy Speaker; and\n(b) if both the Speaker and Deputy Speaker are unavailable—the\nclerk of the Legislative Assembly.\nunavailable—\n(a) the Speaker is unavailable if—\n(i) the Speaker is absent from duty; or\n(ii) there is a vacancy in the office of the Speaker; or\n(iii) the Speaker cannot for any reason exercise the functions of\nthe Speaker; and\n(b) the Deputy Speaker is unavailable if—\n(i) the Deputy Speaker is absent from duty; or\n(ii) there is a vacancy in the office of the Deputy Speaker; or\n(iii) the Deputy Speaker cannot for any reason exercise the\nfunctions of the Deputy Speaker.\nSubdivision 2.1.4 Appropriations and budgets—other\nmatters\n","sortOrder":38},{"sectionNumber":"19","sectionType":"section","heading":"Refunds of payments made without liability","content":"19 Refunds of payments made without liability\n(1) If a payment is made to the Territory in purported discharge of a\nliability that does not exist, the amount paid may be refunded to the\nperson by whom the payment was made whether or not there is an\nappropriation available for that purpose.\n\n(2) If a payment made to the Territory to discharge a liability exceeds the\namount of the liability, the amount by which the payment exceeds the\nliability may be refunded to the person by whom the payment was\nmade whether or not there is an appropriation available for that\npurpose.\n(3) If—\n(a) a person has paid an amount to the Territory for tax claimed by\nthe Territory to be owing from the person; and\n(b) a court or tribunal of competent jurisdiction subsequently finds\nthat the person was not liable for that tax or was liable for an\namount of tax less than the amount paid;\nthe amount paid, or the amount by which the payment exceeds the\nliability, may be refunded to the person who made the payment\nwhether or not there is an appropriation available for that purpose.\n","sortOrder":39},{"sectionNumber":"19A","sectionType":"section","heading":"Payments for Territory GST liabilities","content":"19A Payments for Territory GST liabilities\nPayments may be made to the Commonwealth for the GST liabilities\nof the Territory whether or not there is an appropriation for the\npurpose.\n19AA Payments for Territory GST administration costs\nDespite section 6, payments may be made to the Commonwealth for\nGST administration costs payable by the Territory (including by way\nof deduction by the Commonwealth from GST revenue payable to the\nTerritory) whether or not there is an appropriation for the purpose.\n\n","sortOrder":40},{"sectionNumber":"19B","sectionType":"section","heading":"Authorisation of appropriation for certain Commonwealth","content":"19B Authorisation of appropriation for certain Commonwealth\ngrants\n(a) funds have been provided to the Territory by the\nCommonwealth under an agreement that specifies how the funds\nmay be applied; and\n(b) no appropriation has been made in relation to the funds.\n(2) Despite section 6 (Necessity for appropriation), the Treasurer may, in\nwriting, authorise an appropriation to a territory entity for payments\nby the territory entity in accordance with the agreement.\n(3) The Treasurer may—\n(a) give the authorisation—\n(i) in the financial year in which the Commonwealth provides\nthe funds to the Territory; or\n(ii) in the following financial year; and\n(b) for an authorisation under paragraph (a) (i)—state in the\nauthorisation the financial year in which the appropriation under\nsubsection (2) may be disbursed to the territory entity.\n(4) For an authorisation under this section, an appropriation under\nsubsection (2)—\n(a) is taken to be an amount of appropriation for the financial year\nin which the appropriation is authorised to be disbursed; and\n(b) is in addition to the appropriation to the territory entity for that\n(5) If the Treasurer gives an authorisation under this section, the\nTreasurer must attach a copy of the authorisation to the next financial\n\n","sortOrder":41},{"sectionNumber":"19C","sectionType":"section","heading":"Amendment of capital injection conditions","content":"19C Amendment of capital injection conditions\n(1) This section applies in relation to the conditions of a capital injection\nset out in a statement included in a proposed budget for a financial\nyear for—\n(a) a directorate under section 12 (1) (c) (ii); or\n(b) a territory-owned corporation under section 12A (1) (c) (ii); or\n(c) a territory authority in accordance with section 61 (5) (e).\n(2) The Treasurer may amend the conditions.\n(3) An amendment must state the Treasurer’s reasons for the amendment.\n(4) An amendment is a notifiable instrument.\n","sortOrder":42},{"sectionNumber":"19D","sectionType":"section","heading":"Amendment of performance criteria","content":"19D Amendment of performance criteria\n(1) This section applies in relation to the performance criteria set out in a\nstatement included in a proposed budget for a financial year for—\n(a) a directorate under section 12 (1) (b); or\n(b) a prescribed territory-owned corporation under\nsection 12A (1) (b) (ii); or\n(c) a prescribed territory authority in accordance with\nsection 61 (6) (b).\n(2) The performance criteria may be amended by—\n(a) the responsible Minister for the territory entity; and\n(b) the Treasurer.\n(3) Without limiting subsection (2) the performance criteria may be\namended if—\n(a) the appropriations for the territory entity are varied under—\n(i) section 14 (Transfer of funds between appropriations); or\n\n(ii) section 14A (Transfer of funds from capital injection\nappropriation to other appropriations); or\n(iii) section 14B (Transfer of funds from other appropriations\nto capital injection appropriation); or\n(iv) section 17 (Variation of appropriations for Commonwealth\ngrants); or\n(b) funds are transferred to or from the territory entity under\nsection 16 (Transfer of functions to another entity); or\n(c) funds are—\n(i) taken to be authorised from section 18 (Treasurer’s\nadvance) under section 7A (5) (d) (Temporary advance for\na new purpose or new entity) for a temporary advance to\nthe territory entity; or\n(ii) given to the territory entity under section 18; or\n(iii) reduced under section 18B (Treasurer’s advance—\nreduction of amounts); or\n(d) funds mentioned in section 19B (Authorisation of appropriation\nfor certain Commonwealth grants) are given to the territory\n(e) changes happen in the priorities of the territory entity; or\n(f) the responsible Minister and the Treasurer are satisfied that\nother performance criteria should be adopted for controlled\nrecurrent payments to be provided to the territory entity.\n(4) An amendment of the performance criteria must be made in a way\nthat—\n(a) for a directorate—the budget as amended will comply with\nsection 12 (3); and\n(b) for a prescribed territory-owned corporation—the budget as\namended will comply with section 12A (2); and\n\n(c) for a prescribed territory authority—the budget as amended will\ncomply with section 61 (4).\n(5) An amendment of the performance criteria is a notifiable instrument.\nbudget, for the territory entity, means the budget for the territory\nentity for the financial year presented to the Legislative Assembly\nunder section 10 (b) or (c) (Budget papers) and, if the budget has been\namended under this Act, the budget as amended.\nprescribed territory authority means a territory authority prescribed\nfor section 61 (6).\nprescribed territory-owned corporation means a territory-owned\ncorporation prescribed for section 12A (1) (b).\n","sortOrder":43},{"sectionNumber":"20","sectionType":"section","heading":"Recommended appropriation for Office of the Legislative","content":"20 Recommended appropriation for Office of the Legislative\nAssembly\nBefore the beginning of a financial year, the Speaker must—\n(a) after consultation with the relevant Assembly committee, advise\nthe Treasurer of the appropriation that the Speaker considers\nshould be made for the Office of the Legislative Assembly for\nthe financial year (the recommended appropriation); and\n(b) give the Treasurer a draft budget for the Office of the Legislative\nAssembly for the financial year that contains the information\nmentioned in section 12 that applies to the office.\n20AA Appropriation for Office of the Legislative Assembly\n(a) the Treasurer presents a bill for an Appropriation Act for the\nappropriation for the Office of the Legislative Assembly relating\nto a financial year in the Legislative Assembly; and\n\n(b) the appropriation is less than the recommended appropriation for\n(2) Immediately after presenting the bill, the Treasurer must present to\nthe Legislative Assembly a statement of reasons for departing from\nthe recommended appropriation.\nrecommended appropriation—see section 20.\n20AB Recommended appropriation for officers of the Assembly\nBefore the beginning of a financial year, the Speaker must for an\nofficer of the Assembly—\n(a) after consultation with the officer and the relevant Assembly\ncommittee, advise the Treasurer of the appropriation that the\nSpeaker considers should be made for the officer for the\nfinancial year (the recommended appropriation); and\n(b) present the recommended appropriation to the Assembly; and\n(c) give the Treasurer a draft budget for the officer for the financial\nyear that contains the information mentioned in section 12 that\napplies to the officer.\n20AC Appropriation for officers of the Assembly\n(a) the Treasurer presents a bill for an Appropriation Act for the\nappropriation for an officer of the Assembly relating to a\nfinancial year in the Legislative Assembly; and\n(b) the appropriation is less than the recommended appropriation for\nthe office for the financial year.\n(2) Immediately after presenting the bill, the Treasurer must present to\nthe Legislative Assembly a statement of reasons for departing from\nthe recommended appropriation.\n\nBudget reviews and pre-election updates Division 2.2\nrecommended appropriation—see section 20AB.\n","sortOrder":44},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Budget reviews and pre-election","content":"Division 2.2 Budget reviews and pre-election\nupdates\n","sortOrder":45},{"sectionNumber":"20A","sectionType":"section","heading":"Budget review","content":"20A Budget review\n(1) The Treasurer must prepare a budget review for each financial year.\n(2) The Treasurer must present the budget review for a financial year to\nthe Legislative Assembly not later than 15 February in the financial\nNote This is the same day as financial statements for the 2nd quarter of the\nfinancial year are required to be presented under s 26 (Periodic financial\nstatements).\n(3) However, if a sitting day does not fall in that year on or before\n","sortOrder":46},{"sectionNumber":"15","sectionType":"section","heading":"February, the Treasurer must give copies of the budget review to","content":"15 February, the Treasurer must give copies of the budget review to\neach member of the Legislative Assembly on or before that day.\n","sortOrder":47},{"sectionNumber":"20B","sectionType":"section","heading":"Purpose and contents of budget review","content":"20B Purpose and contents of budget review\n(1) The purpose of the budget review for a financial year is to give\nupdated information to allow the assessment of the government’s\nfinancial performance against the financial policy objectives and\nstrategies set out in the financial policy objectives and strategies\nstatement for the Territory budget for the financial year.\n(2) The budget review for a financial year must be based on the financial\npolicy objectives and strategies statement for the Territory budget for\n(3) The budget review for a financial year must—\n(a) include updated financial statements required under the\nfinancial management guidelines for the general government\nsector for the financial year; and\n\n(b) include whole-of-year results for the previous financial year, the\nbudget for the financial year, the estimated financial position of\nthe Territory at the end of the financial year and updated budget\nestimates for each of the next 3 financial years; and\n(c) include a review of the financial policy objectives and strategies\nstatement included in the budget for the financial year that\nsatisfies the requirements of section 11A (2) and (3); and\n(d) state the date as at when the review was done.\n(4) However, if particular information required to be included in the\nbudget review is unchanged from information set out in full in the\nbudget for the Territory under section 11 (1) for the financial year,\nthe review may instead summarise the information and state that it is\nunchanged from that set out in the budget.\n(5) For subsection (3):\nbudget, for a financial year, means the budget for the year presented\nto the Legislative Assembly under section 10 (a) (Budget papers) and,\nif that budget has been amended under this Act, the budget as\namended.\n","sortOrder":48},{"sectionNumber":"20C","sectionType":"section","heading":"Pre-election budget update","content":"20C Pre-election budget update\n(1) At least 30 days before the polling day for an ordinary election, the\nunder treasurer must prepare a pre-election budget update and give it\nto the parliamentary counsel for notification.\n(2) At least 20 days before the polling day for an election mentioned in\nthe Self-Government Act, section 16 (Dissolution of Assembly by\nGovernor-General) or section 48 (Resolution of no confidence in\nChief Minister), the under treasurer must prepare a pre-election\nbudget update and give it to the parliamentary counsel for\nnotification.\n(3) A pre-election budget update is a notifiable instrument.\n\nBudget reviews and pre-election updates Division 2.2\nordinary election—see the Electoral Act 1992, dictionary.\npolling day—see the Electoral Act 1992, dictionary.\n","sortOrder":49},{"sectionNumber":"20D","sectionType":"section","heading":"Purpose and contents of pre-election budget update","content":"20D Purpose and contents of pre-election budget update\n(1) The purpose of a pre-election budget update for an election is—\n(a) to allow the assessment of the government’s financial\nperformance against the financial policy objectives and\nstrategies set out in the latest financial policy objectives and\nstrategies statement; and\n(b) to give the electorate an accurate picture of the Territory’s\nfinancial position before the election.\n(2) A pre-election budget update must be based on the latest financial\npolicy objectives and strategies statement.\n(3) A pre-election budget update for an election must include—\n(a) updated financial statements required under the financial\nmanagement guidelines for the financial year in which the\nelection is to be held; and\n(b) updated budget estimates for the general government sector, the\npublic trading enterprise sector and the Territory for that\nfinancial year and for each of the next 3 financial years; and\n(c) a statement of the economic or other assumptions used in\npreparing the updated financial statements and budget estimates;\nand\n(d) a statement about the sensitivity of the updated financial\nstatements and budget estimates to changes in the economic or\nother assumptions; and\n\n(e) a statement of the risks, quantified if possible, that may affect\nthe economic or other assumptions, including—\n(i) contingent liabilities; and\n(ii) publicly announced government commitments that are not\nyet included in the updated financial statements and budget\nestimates.\n(4) Information in the pre-election budget update must—\n(a) take into account government decisions and other circumstances\nthat may have material effect on the financial statements and\nbudget estimates; and\n(b) state the date as at when the updating was done.\n(5) However, if particular information required to be included in the pre-\nelection budget update is unchanged from information set out in full\nin the latest financial statements, the budget estimates mentioned in\nsection 11 (Territory budgets) or budget review, the pre-election\nbudget update may instead summarise the information and state that\nit is unchanged from that set out in the financial statements, budget\nestimates or budget review.\n\nFinancial reports of the Territory Division 3.1\n","sortOrder":50},{"sectionNumber":"21","sectionType":"section","heading":"Meaning of the Territory in div 3.1","content":"21 Meaning of the Territory in div 3.1\nIn this division, a reference to the Territory includes a reference to all\nterritory authorities and all territory-owned corporations.\n","sortOrder":51},{"sectionNumber":"22","sectionType":"section","heading":"Annual financial statements of the Territory","content":"22 Annual financial statements of the Territory\n(1) The under treasurer must, as soon as practicable after the end of a\nfinancial year, prepare annual financial statements for the Territory\nfor that year.\n(2) The statements must be prepared in accordance with accounting\nstandards and include—\n(b) a statement of the accounting policies adopted by the Territory;\nand\n(c) the other statements that are necessary to fairly reflect the\nfinancial operations of the Territory during the year and its\nfinancial position at the end of the year.\n","sortOrder":52},{"sectionNumber":"23","sectionType":"section","heading":"Responsibility for annual financial statements","content":"23 Responsibility for annual financial statements\n(1) An annual financial statement of the Territory must have a statement\nof responsibility attached to it.\n(2) The statement of responsibility must include—\n(a) a statement—\n(i) signed by the Treasurer; and\n\n(ii) that, in the Treasurer’s opinion, the financial statements\nfairly reflect—\n(A) the financial operations of the Territory during the\nyear to which they relate; and\n(B) the financial position of the Territory at the end of the\n(b) a statement—\n(i) signed by the under treasurer; and\n(ii) stating that the under treasurer is satisfied the financial\nstatements have been prepared in accordance with\naccounting standards.\nauditor-general gives the Treasurer an audit opinion for the financial\nstatement in accordance with section 24.\n","sortOrder":53},{"sectionNumber":"24","sectionType":"section","heading":"Audit of annual financial statements","content":"24 Audit of annual financial statements\n(1) The under treasurer must give the auditor-general the annual financial\nstatements of the Territory for a financial year in sufficient time for\nthe auditor-general to give an audit opinion about the statements\nwithin 4 months after the end of the financial year.\n(2) The auditor-general must give the Treasurer an audit opinion about\nthe annual financial statements within 4 months after the end of the\n(3) Despite subsections (1) and (2), if an ordinary election is to be held\nin the year after the end of the financial year—\n(a) the under treasurer must give the auditor-general the annual\nfinancial statements of the Territory for the financial year in\nsufficient time for the auditor-general to give an audit opinion\nabout the statements within 3 months after the end of the\n\nFinancial reports of the Territory Division 3.1\n(b) the auditor-general must give an audit opinion to the Treasurer\nwithin 3 months after the end of the financial year.\n(4) Also, despite subsections (1) and (2), for the 2020-21 financial year—\n(a) the under treasurer must give the auditor-general the annual\nfinancial statements of the Territory for the financial year in\nsufficient time for the auditor-general to give an audit opinion\nabout the statements within 5 months after the end of the\n(b) the auditor-general must give an audit opinion to the Treasurer\nwithin 5 months after the end of the financial year.\nordinary election—see the Electoral Act 1992, dictionary.\n","sortOrder":54},{"sectionNumber":"25","sectionType":"section","heading":"Presentation of annual financial statements to Legislative","content":"25 Presentation of annual financial statements to Legislative\nAssembly\n(1) If the Treasurer receives, under section 24 (2), an audit opinion about\nannual financial statements, the Treasurer must present to the\nLegislative Assembly, within 3 sitting days after receiving the\nopinion—\n(a) a copy of the annual financial statements; and\n(b) a copy of the audit opinion.\n(2) If the Treasurer receives, under section 24 (3) (b), an audit opinion\nabout annual statements, the Treasurer must give to each member of\nthe Legislative Assembly, within 7 days after receiving the opinion—\n(a) a copy of the annual financial statements; and\n(b) a copy of the audit opinion.\n\n","sortOrder":55},{"sectionNumber":"26","sectionType":"section","heading":"Periodic financial statements","content":"26 Periodic financial statements\n(1) Within 45 days after the end of each quarter of a financial year (other\nthan the 2019-20 and 2020-21 financial years), the Treasurer must\nprepare financial statements for—\n(a) the quarter; and\n(b) the period from the beginning of the financial year until the end\nof the quarter.\n(2) Within 60 days after the end of each quarter of the 2019-20 and\n2020-21 financial years, the Treasurer must prepare financial\nstatements for—\n(a) the quarter; and\n(b) the period from the beginning of the financial year until the end\nof the quarter.\n(3) The statements must—\n(a) be prepared in accordance with the financial management\nguidelines; and\n(b) include a summary of any instruments attached to statements.\nNote Instruments made under s 7A, s 14, s 14A, s 14B, s 15A, s 16, s 16A,\ns 16B, s 17, s 17A, s 18C, s 18G and s 19B may be attached to the\nfinancial statements.\n(4) The Treasurer must present copies of the statements prepared under\nsubsection (1) or subsection (2) to the Legislative Assembly on the\nfirst sitting day after they are prepared.\n(5) Subsection (6) applies if—\n(a) for financial statements prepared under subsection (1)—the first\nsitting day mentioned in subsection (4) does not fall within\n45 days after the end of the relevant quarter; or\n\n(b) for financial statements prepared under subsection (2)—the first\nsitting day mentioned in subsection (4) does not fall within 60\ndays after the end of the relevant quarter.\n(6) The Treasurer must give copies of the financial statements to each\nmember of the Legislative Assembly—\n(a) for statements prepared under subsection (1)—within the\n45 days; or\n(b) for statements prepared under subsection (2)—within the\n60 days.\n","sortOrder":56},{"sectionNumber":"Div 3","sectionType":"division","heading":"2 Financial reports and performance","content":"Division 3.2 Financial reports and performance\nstatements of directorates\n","sortOrder":57},{"sectionNumber":"27","sectionType":"section","heading":"Annual financial statements of directorates","content":"27 Annual financial statements of directorates\n(1) A directorate must, as soon as practicable after the end of each\nfinancial year, prepare annual financial statements relating to its\noperations during the year.\n(2) The annual financial statements of a directorate must be prepared in\naccordance with accounting standards and in a form that facilitates a\ncomparison between the financial operations of the directorate during\nthe year and the estimates of those operations contained in the budget\nfor the directorate for the financial year.\n(3) The annual financial statements must include—\n(b) if a change was made during the year to the conditions of a\ncapital injection set out under section 12 (1) (c) (ii) (Directorate\nbudgets) in a statement included in a proposed budget for the\ndirectorate for a financial year—a statement of the change and\nthe reasons for it; and\n\nDivision 3.2 Financial reports and performance statements of directorates\n(c) a statement of the accounting policies adopted by the\ndirectorate; and\n(d) any other statements necessary to fairly reflect the financial\noperations of the directorate during the year and its financial\nposition at the end of the year.\nbudget, for a directorate for a financial year, means the budget for the\ndirectorate for the year presented to the Legislative Assembly under\nsection 10 (b) (Budget papers).\n","sortOrder":58},{"sectionNumber":"28","sectionType":"section","heading":"Responsibility for annual financial statements of","content":"28 Responsibility for annual financial statements of\ndirectorates\n(1) An annual financial statement of a directorate must have a statement\nof responsibility attached to it.\n(a) state that, in the responsible director-general’s opinion, the\nannual financial statements fairly reflect—\n(i) the financial operations of the directorate during the\n(ii) the financial position of the directorate at the end of the\n(b) be signed by the responsible director-general.\nauditor-general gives the responsible director-general an audit\nopinion for the financial statement in accordance with section 29.\n\n","sortOrder":59},{"sectionNumber":"29","sectionType":"section","heading":"Audit of financial statements of directorates","content":"29 Audit of financial statements of directorates\n(1) The responsible director-general of a directorate must give the\nauditor-general the financial statements of the directorate for a\nfinancial year as soon as practicable after the statements are prepared.\n(2) The auditor-general must give the responsible director-general an\naudit opinion about the financial statements as soon as practicable\nafter the auditor-general receives them.\n","sortOrder":60},{"sectionNumber":"30","sectionType":"section","heading":"Directorate annual financial statements to be included in","content":"30 Directorate annual financial statements to be included in\nannual reports etc\nAct 2004 for a directorate for a financial year must include, or have\nattached to it—\n(a) the directorate’s annual financial statements for the year; and\n(b) the audit opinion under section 29 (2) about the financial\nstatements.\n","sortOrder":61},{"sectionNumber":"30A","sectionType":"section","heading":"Statements of performance of directorates","content":"30A Statements of performance of directorates\ndirectorate must prepare a statement of the performance of the\ndirectorate in providing each class of outputs set out in the\ndirectorate’s budget for the financial year and provided by it during\nthe year.\n(2) The statement must—\n(a) compare the performance of the directorate in providing each\nclass of the outputs with the forecast of the performance in the\ndirectorate’s budget for the year; and\n(b) give particulars of the extent to which the performance criteria\nset out in the budget for the provision of the outputs were met.\n\nDivision 3.2 Financial reports and performance statements of directorates\n(3) This section does not apply to—\nbudget, for the directorate, means the budget for the directorate for\nthe financial year presented to the Legislative Assembly under\n","sortOrder":62},{"sectionNumber":"30B","sectionType":"section","heading":"Responsibility for directorate statements of performance","content":"30B Responsibility for directorate statements of performance\n(1) A statement of performance of a directorate must have a statement of\nresponsibility attached to it.\n(a) state that, in the responsible director-general’s opinion, the\nstatement of performance fairly reflects the performance of the\ndirectorate in providing each class of outputs set out in the\ndirectorate’s budget for the financial year during the financial\n(b) be signed by the responsible director-general.\nauditor-general gives the responsible director-general a report about\nthe statement of performance in accordance with section 30C.\nbudget, for the directorate, means the budget for the directorate for\nthe financial year presented to the Legislative Assembly under\n\n","sortOrder":63},{"sectionNumber":"30C","sectionType":"section","heading":"Scrutiny of directorate statements of performance","content":"30C Scrutiny of directorate statements of performance\n(1) The responsible director-general of a directorate must give the\nauditor-general the directorate’s statement of performance for a\nfinancial year as soon as practicable after the statement is prepared.\n(2) The auditor-general must give the director-general a report about the\nstatement of performance as soon as practicable after the\nauditor-general receives it.\n(3) The report must be prepared in accordance with the financial\nmanagement guidelines.\n","sortOrder":64},{"sectionNumber":"30D","sectionType":"section","heading":"Directorate statements of performance to be included in","content":"30D Directorate statements of performance to be included in\nannual reports etc\nAct 2004 for a directorate for a financial year must include, or have\nattached to it—\n(a) the directorate’s statement of performance for the year; and\n(b) the auditor-general’s report under section 30C (2) about the\nstatement of performance.\n","sortOrder":65},{"sectionNumber":"30E","sectionType":"section","heading":"Half-yearly directorate performance reports","content":"30E Half-yearly directorate performance reports\n(1) Within 45 days after 31 December in each financial year, each\nMinister must—\n(a) prepare a half-yearly performance report for each directorate for\nwhich the Minister is responsible; and\n(b) present the report to the Legislative Assembly.\n(2) The report must include—\n(a) a progress report on delivery of outputs; and\n(b) an explanation of any significant variations from performance\ncriteria.\n\n(3) If the report is not presented to the Legislative Assembly under\nsubsection (1) within 45 days after 31 December, the Minister must\nmake a copy of the report available to members of the\nLegislative Assembly within the 45-day period.\n(4) This section does not apply to—\n","sortOrder":66},{"sectionNumber":"30F","sectionType":"section","heading":"Capital works report of Territory","content":"30F Capital works report of Territory\n(1) The Treasurer must, at least once every 6 months, prepare a report\nabout capital works for the Territory (a capital works report).\n(2) A capital works report must—\n(a) include a progress report on the delivery of the capital works\nprogram for the Territory during the period since the previous\ncapital works report; and\n(b) include a statement of the expenditure on capital works for each\ndirectorate and territory authority for the financial year; and\n(c) for each major capital works project—include—\n(i) a statement of the expenditure on the project to date; and\n(ii) a statement of the expenditure on the project for the\nfinancial year to date; and\n(iii) a total budget for the project; and\n(iv) an annual budget for the project.\n\nCapital works reports Division 3.3\n(3) The Treasurer must—\n(a) present a copy of each capital works report to the Legislative\nAssembly on the first sitting day after the report is prepared; and\n(b) if the first sitting day is more than 60 days after the end of the\nperiod for which the report is prepared—give a copy of the\nreport to each member of the Legislative Assembly within\n60 days after the end of the period for which the report is\nprepared.\n(4) A regulation may prescribe a major capital works project.\ncapital works includes works prescribed by regulation.\nexpenditure includes expenditure funded by capital injection or\nfeasibility expenditure funded by controlled recurrent payments.\n\n","sortOrder":67},{"sectionNumber":"Part 4","sectionType":"part","heading":"Financial management responsibilities of directors-general of directorates","content":"Part 4 Financial management responsibilities of directors-general of directorates\nPart 4 Financial management\nresponsibilities of\ndirectors-general of directorates\n","sortOrder":68},{"sectionNumber":"31","sectionType":"section","heading":"Responsibilities of directors-general of directorates","content":"31 Responsibilities of directors-general of directorates\n(1) The responsible director-general of a directorate is accountable to the\nresponsible Minister of the directorate for the efficient and effective\nfinancial management of the public resources for which the\ndirectorate is responsible.\n(2) The responsible director-general of a directorate must manage the\ndirectorate in a way that—\n(a) promotes the achievement of the purpose of the directorate; and\n(b) promotes the financial sustainability of the directorate; and\n(c) is not inconsistent with the policies of the government.\n(3) In making decisions for the purposes of subsections (1) and (2), the\nresponsible director-general must take into account the effect of those\ndecisions on public resources generally.\n(4) Without limiting subsections (1), (2) and (3), the responsible\ndirector-general of a directorate is responsible, under the responsible\nMinister, for ensuring—\n(a) that money spent by the directorate is spent in accordance with\nappropriations made for the directorate (including\nappropriations available under section 34B); and\n(b) that, as far as practicable, the operations of the directorate for a\nfinancial year are consistent with, and comparable to, the budget\nfor the directorate for the year; and\n\nFinancial management responsibilities of directors-general of directorates Part 4\n(c) that the officers and employees of the directorate comply with\nthis Act (including the financial management guidelines); and\ninstruments made or in force under the Act, including any guideline\n(see Legislation Act, s 104).\n(d) that proper accounts and records are kept of the transactions and\naffairs of the directorate in accordance with accounting\nstandards; and\n(e) that adequate control is maintained over the assets of the\ndirectorate and assets in the control of the directorate; and\n(f) that adequate control is maintained over the incurring of\nliabilities by the directorate.\n(5) A report prepared under the Annual Reports (Government Agencies)\nAct 2004 for a financial year by the responsible director-general of a\ndirectorate must include an explanation of material variations\nbetween the actual results of the directorate for the year and the\nbudget for the directorate for the year.\nbudget, for a directorate for a financial year, means the budget for the\ndirectorate for the year presented to the Legislative Assembly under\npublic property means property, other than public money, that is\nowned or held by the Territory or held by a person on behalf of the\npublic resources means public money or public property.\nNote Public money—see the dictionary.\n\nPart 4 Financial management responsibilities of directors-general of directorates\n","sortOrder":69},{"sectionNumber":"31A","sectionType":"section","heading":"Directors-general may enter into contracts etc","content":"31A Directors-general may enter into contracts etc\n(1) The responsible director-general of a directorate may—\n(a) enter into a contract or memorandum of understanding relating\nto the operations of the directorate; and\n(b) vary and administer the contract or memorandum of\nunderstanding.\n(2) In exercising powers under subsection (1), the responsible\ndirector-general must act in accordance with section 31 and any\nrequirements prescribed by regulation for this section.\n\n","sortOrder":70},{"sectionNumber":"32","sectionType":"section","heading":"Agreement for the conduct of banking for Territory","content":"32 Agreement for the conduct of banking for Territory\n(1) The Treasurer may enter into an agreement with an authorised\ndeposit-taking institution relating to the conduct of banking for the\n(2) An agreement must not be entered into unless it contains a provision\nto the effect that it may be terminated by the Territory at any time\nsubject to the giving of written notice that specifies the date the\ntermination is to take effect.\n","sortOrder":71},{"sectionNumber":"33","sectionType":"section","heading":"Territory banking account","content":"33 Territory banking account\nThe Treasurer must open and maintain a banking account for the\npurposes of the Territory.\n","sortOrder":72},{"sectionNumber":"34","sectionType":"section","heading":"Directorate banking accounts","content":"34 Directorate banking accounts\n(1) The responsible Minister or the responsible director-general may\nopen 1 or more banking accounts for the purposes of the relevant\n(2) A directorate banking account must be maintained by the\ndirector-general.\n(3) A directorate banking account must not, without the Treasurer’s\nwritten approval, be opened or maintained otherwise than with an\nauthorised deposit-taking institution with which an agreement is in\nforce under section 32.\n(4) The responsible Minister or the responsible director-general of a\ndirectorate may close a directorate banking account of the directorate.\n\n(5) If the responsible Minister or the responsible director-general of a\ndirectorate closes a directorate banking account under subsection (4),\nthe Minister or director-general must transfer any money standing to\nthe credit of the account to another directorate banking account of the\ndirectorate or to the territory banking account.\n(6) The Treasurer may, at any time, after consultation with the\nresponsible Minister, close or suspend the operation of a directorate\nbanking account.\n(7) A Minister or a director-general must not open or operate a directorate\nbanking account otherwise than in accordance with this Act.\n","sortOrder":73},{"sectionNumber":"34A","sectionType":"section","heading":"Transfer of directorate banking account","content":"34A Transfer of directorate banking account\n(1) If, in the Treasurer’s opinion, it is desirable, because of changes in\ndirectorate responsibilities, to transfer a directorate banking account\nfrom a directorate to another directorate, the Treasurer may, in\nwriting, direct the responsible director-general of the directorate that\nholds the account to arrange for it to be transferred to another\ndirectorate nominated in the direction.\n(2) A director-general who receives a direction under subsection (1) must\ncomply with the direction.\n(3) A directorate banking account transferred in accordance with a\ndirection under subsection (1) becomes a directorate banking account\nof the directorate to which it is transferred.\n","sortOrder":74},{"sectionNumber":"34B","sectionType":"section","heading":"End of year balances of directorate banking accounts","content":"34B End of year balances of directorate banking accounts\n(1) If at the end of a financial year amounts appropriated for a directorate\nfor that financial year are held in a directorate banking account, the\namounts may be applied after the end of that financial year for the\npurposes for which they were appropriated.\n(2) If at the end of a financial year a directorate banking account has a\ndebit balance, the director-general of the directorate must devise and\nimplement a scheme to recoup the amount of the deficit.\n\n","sortOrder":75},{"sectionNumber":"35","sectionType":"section","heading":"Payments into banking accounts","content":"35 Payments into banking accounts\n(1) All public money is the property of the Territory.\n(2) If public money is received by a person other than for the purpose of\nmaking a payment in the course of their duties, the person must take\nreasonable steps to safeguard the money until it is paid into a banking\naccount in accordance with this section.\n(3) Money must be paid into a directorate banking account of a\ndirectorate if the money is—\n(a) money that may be disbursed to the directorate as a consequence\nof an appropriation; or\n(b) a receipt relating to the operations of the directorate; or\n(c) a receipt relating to the sale or disposal of assets of the Territory\nheld by the directorate.\n(4) All public money, except money payable into a directorate banking\naccount, must be paid into the territory banking account.\n(5) The Treasurer may issue financial management guidelines regarding\nthe banking of public money.\n","sortOrder":76},{"sectionNumber":"36","sectionType":"section","heading":"Transfer following change in directorate responsibilities","content":"36 Transfer following change in directorate responsibilities\nIf, in the Treasurer’s opinion, it is necessary as a consequence of\nchanges in directorate responsibilities, to transfer to another account\nmoney held in the territory banking account or a directorate banking\naccount, the Treasurer must decide the amount to be transferred and\ndirect that the transfer be made.\n\n","sortOrder":77},{"sectionNumber":"36A","sectionType":"section","heading":"Transfers from directorate banking accounts to territory","content":"36A Transfers from directorate banking accounts to territory\nbanking account\nIf, in the Treasurer’s opinion, it is desirable for the management of\nthe public money of the Territory to transfer an amount held in a\ndirectorate banking account to the territory banking account, the\nTreasurer may direct that the transfer be made.\n","sortOrder":78},{"sectionNumber":"37","sectionType":"section","heading":"Payments from territory banking account","content":"37 Payments from territory banking account\n(1) Unless provided elsewhere under this Act or another territory law, an\namount must not be paid out of the territory banking account except\nunder an appropriation to a banking account of a territory entity.\nExamples—provided elsewhere\n1 this Act, s 38 and s 58\n2 the Lifetime Care and Support (Catastrophic Injuries) Act 2014, s 80\n3 the Public Sector Workers Compensation Fund Act 2018, s 14\n4 the Territory Superannuation Provision Protection Act 2000, s 11\n(2) This section does not apply to an overdraft or credit facility for a\nterritory authority approved under section 59 (5).\n(3) Also, an amount paid into the territory banking account by a territory\nentity that is paid in excess, may be transferred from the territory\nbanking account to the banking account of the territory entity without\nappropriation.\n","sortOrder":79},{"sectionNumber":"37A","sectionType":"section","heading":"Payments into territory banking account","content":"37A Payments into territory banking account\n(a) a territory entity receives an amount appropriated for the\nterritory entity from the territory banking account into its\nbanking account; and\n(b) the amount received by the territory entity is excess to\nrequirements (the excess amount).\n\n(2) The territory entity may repay the excess amount or part of the excess\namount to the territory banking account.\n(3) If an amount is repaid under subsection (2)—\n(a) the appropriation from which the excess amount was paid to the\nterritory entity is taken to be restored by the amount repaid by\nthe territory entity; and\n(b) the balance of the appropriation, including the amount repaid,\nmay be applied for the purposes for which it was appropriated.\n","sortOrder":80},{"sectionNumber":"38","sectionType":"section","heading":"Investment of certain public money","content":"38 Investment of certain public money\n(1) The Treasurer may invest any money held in the territory banking\naccount or directorate banking accounts for the period and on the\nterms and conditions the Treasurer considers appropriate—\n(a) on deposit with an authorised deposit-taking institution; or\n(b) in the purchase of a bill of exchange that is drawn or accepted\nby an authorised deposit-taking institution; or\n(c) in a loan to a person who is a dealer in the short-term money\nmarket; or\n(d) in Territory, State or Commonwealth securities; or\n(e) in any investment prescribed under the financial management\nguidelines for this paragraph.\n(2) However, an investment may be made under this section only to\nincrease or protect the financial wealth of the Territory.\n(3) Transfers of money for investment, including transfers between the\nterritory banking account and directorate banking accounts to\nfacilitate investment, may be made without appropriation.\n(4) Returns from the investment of public money under this section must\nbe paid to the territory banking account.\n\n(5) Any fees or expenses reasonably incurred in making or managing an\ninvestment of public money may be deducted from the investment.\n(6) The Treasurer may decide the amounts of returns from investments\nunder this section that are to be credited to directorate banking\naccounts.\n(7) The amounts decided by the Treasurer may be paid from the territory\nbanking account without further appropriation.\n\nBorrowing and guarantees Part 6\n","sortOrder":81},{"sectionNumber":"39","sectionType":"section","heading":"Power of Territory to borrow","content":"39 Power of Territory to borrow\nThe Territory may only borrow in accordance with this Act or another\nlaw of the Territory.\n","sortOrder":82},{"sectionNumber":"40","sectionType":"section","heading":"Treasurer may borrow on behalf of Territory","content":"40 Treasurer may borrow on behalf of Territory\nThe Treasurer may, on behalf of the Territory, if necessary or\nexpedient in the public interest to do so—\n(a) borrow money; or\n(b) give security for the repayment of an amount borrowed or the\npayment of interest on an amount borrowed; or\n(c) enter into a financing lease.\n","sortOrder":83},{"sectionNumber":"41","sectionType":"section","heading":"Power of territory authorities to borrow","content":"41 Power of territory authorities to borrow\nDespite any other Act, a territory authority may only borrow (other\nthan from the Territory) in accordance with this Act.\n","sortOrder":84},{"sectionNumber":"42","sectionType":"section","heading":"Borrowings by territory authorities to be approved","content":"42 Borrowings by territory authorities to be approved\n(1) A territory authority must not borrow unless—\n(a) the borrowing is approved in writing by the Treasurer; and\n(b) the terms and conditions of the borrowing include the terms and\nconditions (if any) specified in the approval and are otherwise\nconsistent with the approval; and\n(c) the borrowing is within the borrowing limits (if any) of the\nauthority for the financial year in which the borrowing is entered\ninto, that are approved in writing by the Treasurer.\n(2) However, subsection (1) (a) and (b) does not apply to a loan made to\na territory authority under section 59 (1) (b).\n\n","sortOrder":85},{"sectionNumber":"43","sectionType":"section","heading":"Territory authorities may give security","content":"43 Territory authorities may give security\nSubject to the Treasurer’s approval of the borrowing under\nsection 42 (1) (a), a territory authority may give security for the\nrepayment of an amount borrowed, or for the payment of interest on\nthat amount, by issuing securities.\n","sortOrder":86},{"sectionNumber":"44","sectionType":"section","heading":"Power to approve borrowings not delegable","content":"44 Power to approve borrowings not delegable\nThe Treasurer must not delegate to anyone the power under\nsection 42 (1) (a) to approve borrowings by territory authorities.\n","sortOrder":87},{"sectionNumber":"45","sectionType":"section","heading":"Loans to be paid into territory banking account","content":"45 Loans to be paid into territory banking account\nSubject to this Act and any other Act, the proceeds of a loan raised on\nbehalf of the Territory must be paid into the territory banking account.\n","sortOrder":88},{"sectionNumber":"46","sectionType":"section","heading":"Payments by Treasurer","content":"46 Payments by Treasurer\nThe Treasurer may, without further appropriation, make payments\nneeded for—\n(a) payment of interest on borrowings made for the Territory; or\n(b) repayment of borrowings made for the Territory; or\n(c) payment of the expenses of making or repaying borrowings for\nthe Territory.\n\nBorrowing and guarantees Part 6\n","sortOrder":89},{"sectionNumber":"47","sectionType":"section","heading":"Guarantees by Territory","content":"47 Guarantees by Territory\n(1) The Territory may only give a guarantee for the payment of money\nor the performance of an obligation in accordance with this Act.\n(2) The Treasurer may approve in writing a guarantee by the Territory\nfor the payment of money or the performance by any person of an\nobligation under a contract, subject to any conditions the Treasurer\nmay specify in the approval.\n(3) If the Treasurer approves a guarantee under subsection (2), the\nTreasurer must present a copy of the approval to the Legislative\nAssembly within 3 sitting days after the approval is given.\n\n","sortOrder":90},{"sectionNumber":"49","sectionType":"section","heading":"Identity of trust money","content":"49 Identity of trust money\nAll trust money held by the Territory must be accounted for\nseparately from public money.\n","sortOrder":91},{"sectionNumber":"50","sectionType":"section","heading":"Administration of trust money","content":"50 Administration of trust money\n(1) Trust money must be administered by the appropriate directorate on\nbehalf of the Territory.\n(2) The Treasurer may, in writing, specify a directorate as the appropriate\ndirectorate in relation to an amount of trust money.\nappropriate directorate, in relation to an amount of trust money,\nmeans—\n(a) except if paragraph (b) applies—the directorate responsible for\nmatters or enactments that relate most closely to the purpose of\nthe payment; or\n(b) the directorate specified under subsection (2).\n","sortOrder":92},{"sectionNumber":"51","sectionType":"section","heading":"Directorate trust banking accounts","content":"51 Directorate trust banking accounts\n(1) The responsible Minister or the responsible director-general may\nopen a trust banking account for the purposes of the relevant\n(2) A trust banking account must be maintained by the director-general.\n\nTrust money Part 7\n(3) A trust banking account must not, without the Treasurer’s written\napproval, be opened or maintained otherwise than with an authorised\ndeposit-taking institution with which an agreement is in force under\nsection 32 (Agreement for the conduct of banking for Territory).\n(4) No money may be held in a trust banking account other than trust\nmoney.\n(5) A Minister or a director-general must not open or operate a trust\nbanking account otherwise than in accordance with this Act.\n","sortOrder":93},{"sectionNumber":"51A","sectionType":"section","heading":"Transfer of directorate trust banking accounts","content":"51A Transfer of directorate trust banking accounts\n(1) This section applies if the Treasurer believes that it is desirable,\nbecause of changes in directorate responsibilities, to transfer a\ndirectorate trust banking account from a directorate to another\n(2) The Treasurer may, in writing, direct the responsible director-general\nof the directorate that holds the account to arrange for it to be\ntransferred to the other directorate.\n(3) If a director-general receives a direction under subsection (2), the\ndirector-general must comply with it.\n(4) An account transferred in accordance with the direction becomes a\ntrust banking account of the directorate to which it is transferred.\n","sortOrder":94},{"sectionNumber":"51B","sectionType":"section","heading":"Transfers between trust banking accounts—changes in","content":"51B Transfers between trust banking accounts—changes in\ndirectorate responsibilities\n(1) This section applies if the Treasurer believes that it is necessary,\nbecause of changes in directorate responsibilities, to transfer an\namount held in a directorate trust banking account (the first account)\nto a trust banking account of another directorate.\n\n(2) The Treasurer may, in writing, direct the responsible director-general\nof the directorate that holds the first account to transfer the amount.\n(3) If a director-general receives a direction under subsection (2), the\ndirector-general must comply with it.\n","sortOrder":95},{"sectionNumber":"51C","sectionType":"section","heading":"Transfers between trust banking accounts—investment","content":"51C Transfers between trust banking accounts—investment\nAmounts may at any time be transferred between trust banking\naccounts to facilitate investment of trust money.\n","sortOrder":96},{"sectionNumber":"52","sectionType":"section","heading":"Transfers between trust banking account and territory","content":"52 Transfers between trust banking account and territory\nbanking account\nAmounts may only be transferred between a trust banking account\nand the territory banking account—\n(a) to facilitate investment of the trust money; or\n(b) to make a payment required by section 53A (6) (Unclaimed trust\nmoney).\n","sortOrder":97},{"sectionNumber":"53","sectionType":"section","heading":"Investment of trust money","content":"53 Investment of trust money\nThe Treasurer may invest trust money as if the Treasurer were a\ntrustee under the Trustee Act 1925.\n","sortOrder":98},{"sectionNumber":"53A","sectionType":"section","heading":"Unclaimed trust money","content":"53A Unclaimed trust money\n(1) For this section, money held in a trust banking account is unclaimed\ntrust money if—\n(a) not less than 6 years has elapsed since the date the money\nbecame payable; and\n(b) during that period, no-one entitled to the money has requested\nthat the money be paid to them according to their direction.\n\nTrust money Part 7\n(2) If on 1 January in any year a trust banking account contains unclaimed\ntrust money, the director-general responsible for maintaining the\naccount must, on or before 31 January in the year, give to the\nTreasurer a statement of all unclaimed trust money held in the\naccount.\n(3) The statement must set out—\n(a) the name, and last-known address, of each person entitled to\nunclaimed trust money held in the account; and\n(b) the amount of the trust money to which each of those people is\nentitled; and\n(c) the authorised deposit-taking institution, and the branch of the\ninstitution, with which the trust money is held.\n(4) The statement is a notifiable instrument.\n(5) The director-general must give additional public notice of the\nstatement.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (5) is in addition to the requirement for notification on\nthe legislation register as a notifiable instrument.\n(6) The total amount shown in the statement must be paid into the\nterritory banking account when the statement is given to the Treasurer\nand, on being paid into that account, becomes public money of the\n(7) A person who claims to be entitled to any money paid into the\nterritory banking account in accordance with subsection (6) may\napply to the Treasurer for a payment of an amount equal to the money\nto which the person is entitled.\n(8) The Treasurer must consider each application and either refuse it or\napprove it completely or partly.\n\n(9) The Treasurer must give the applicant written notice of the\nTreasurer’s decision.\n(10) A payment approved by the Treasurer under subsection (8) may be\nmade whether or not an appropriation is available for the purpose.\n","sortOrder":99},{"sectionNumber":"53B","sectionType":"section","heading":"Reviewable decision notices","content":"53B Reviewable decision notices\nIf the Treasurer refuses an application under section 53A (8),\ncompletely or partly, the Treasurer must give a reviewable decision\nnotice to the applicant.\nNote The Treasurer must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":100},{"sectionNumber":"53C","sectionType":"section","heading":"Applications for review","content":"53C Applications for review\nThe following may apply to the ACAT for review of a decision under\nsection 53A (8):\n(a) an applicant for payment under section 53A (8);\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":101},{"sectionNumber":"Part 8","sectionType":"part","heading":"Financial provisions for territory","content":"Part 8 Financial provisions for territory\n","sortOrder":102},{"sectionNumber":"54","sectionType":"section","heading":"Application––pt 8","content":"54 Application––pt 8\nThis part applies to a territory authority prescribed by the financial\nmanagement guidelines for this part.\n","sortOrder":103},{"sectionNumber":"55","sectionType":"section","heading":"Responsibilities of chief executive officers of territory","content":"55 Responsibilities of chief executive officers of territory\n(1) This section applies to a territory authority if the authority does not\nhave a governing board.\nNote A territory authority has a governing board if the establishing Act for the\nauthority establishes a governing board for the authority (see s 76).\n(2) The chief executive officer of the territory authority is responsible,\nunder the responsible Minister, for the efficient and effective\nfinancial management of the resources for which the authority is\nresponsible.\n(3) The chief executive officer of a territory authority must manage the\nauthority in a way that promotes—\n(a) the achievement of the purpose of the authority; and\n(b) the financial sustainability of the authority.\n(4) Without limiting subsections (2) and (3), the chief executive officer\nof the territory authority is responsible, under the responsible\nMinister, for ensuring the following:\n(a) that the expenses incurred by the authority are properly\nauthorised;\n(b) that, if an appropriation is made in relation to the authority, any\namount of the appropriation spent by the authority is spent in\naccordance with the appropriation;\n\n(c) that, as far as practicable, the operations of the authority during\na financial year are consistent with, and comparable to, the\nestimates in the authority’s statement of intent for the year.\n(d) that payments made by the authority are properly authorised and\ncorrectly made;\n(e) that the staff of the authority comply with the requirements of\nthis Act;\ninstruments made or in force under the Act, including in this case\nthe financial management guidelines (see Legislation Act, s 104).\n(f) that proper accounts and records are kept of the transactions and\naffairs of the authority in accordance with accounting standards;\n(g) that adequate control is maintained over the assets of the\nauthority and assets under the authority’s control;\n(h) that adequate control is maintained over the incurring of\nliabilities by the authority.\n(5) A report prepared by the territory authority under the Annual Reports\n(Government Agencies) Act 2004 for a financial year must include an\nexplanation of material variations between the actual results of the\nauthority for the year and the estimates in the authority’s statement of\nproperty means property, other than money, that is owned or held by\nthe territory authority or held by a person on behalf of the authority.\nresources means money or property.\n\n","sortOrder":104},{"sectionNumber":"56","sectionType":"section","heading":"Responsibilities of governing boards of territory","content":"56 Responsibilities of governing boards of territory\n(1) This section applies to a territory authority if the authority has a\ngoverning board.\nNote A territory authority has a governing board if the establishing Act for the\nauthority establishes a governing board for the authority (see s 76).\n(2) The governing board of the territory authority is responsible, under\nthe responsible Minister, for the efficient and effective financial\nmanagement of the resources for which the authority is responsible.\n(3) The governing board of a territory authority must manage the\nauthority in a way that promotes—\n(a) the achievement of the purpose of the authority; and\n(b) the financial sustainability of the authority.\n(4) Without limiting subsections (2) and (3), the governing board of the\nterritory authority is responsible, under the responsible Minister, for\nensuring the following:\n(a) that expenses incurred by the authority are properly authorised;\n(b) that, if an appropriation is made in relation to the authority, any\namount of the appropriation spent by the authority is spent in\naccordance with the appropriation;\n(c) that, as far as practicable, the operations of the authority during\na financial year are consistent with, and comparable to, the\nestimates in the authority’s statement of intent for the year;\n(d) that payments made by the authority are properly authorised and\ncorrectly made;\n\n(e) that the staff of the authority comply with the requirements of\nthis Act;\ninstruments made or in force under the Act, including in this case\nthe financial management guidelines (see Legislation Act, s 104).\n(f) that proper accounts and records are kept of the transactions and\naffairs of the authority in accordance with accounting standards;\n(g) that adequate control is maintained over the assets of the\nauthority and assets under the authority’s control;\n(h) that adequate control is maintained over the incurring of\nliabilities by the authority.\n(5) A report prepared by the territory authority under the Annual Reports\n(Government Agencies) Act 2004 for a financial year must include an\nexplanation of material variations between the actual results of the\nauthority for the year and the estimates in the authority’s statement of\nproperty means property, other than money, that is owned or held by\nthe territory authority or held by a person on behalf of the authority.\nresources means money or property.\n","sortOrder":105},{"sectionNumber":"57","sectionType":"section","heading":"Banking accounts of territory authorities","content":"57 Banking accounts of territory authorities\n(1) A territory authority may open 1 or more banking accounts for the\npurposes of the authority.\n(2) A territory authority must at all times keep at least 1 banking account.\n(3) A banking account of a territory authority must not, without the\nTreasurer’s written approval, be opened or kept otherwise than with\nan authorised deposit-taking institution with which an agreement is\nin force under section 32 (Agreement for the conduct of banking for\nTerritory).\n\n","sortOrder":106},{"sectionNumber":"58","sectionType":"section","heading":"Investment by territory authorities","content":"58 Investment by territory authorities\n(1) Funds not immediately required for the purposes of a territory\nauthority may be invested—\n(a) on deposit with an authorised deposit-taking institution; or\n(b) by the Treasurer, for the territory authority, in an investment\nmentioned in section 38 (1) (a) to (e); or\n(c) in an investment prescribed for this paragraph.\n(2) However, the funds of the territory authority may only be invested\nunder this section to increase or protect the financial wealth of the\n(3) Transfers between the territory banking account and the banking\naccount of a territory authority to facilitate investments may be made\nwithout appropriation.\n(4) Returns received by the Territory from the investment of funds of a\nterritory authority must be paid to the territory authority.\n(5) Any fees or expenses reasonably incurred in making or managing an\ninvestment of funds of a territory authority may be deducted from the\ninvestment.\n(6) Returns that are to be paid to a territory authority under subsection (4)\nmay be paid direct to the territory authority or through the territory\nbanking account.\n(7) If returns to be paid to a territory authority are paid into the territory\nbanking account under subsection (6), the returns may be paid to the\nauthority from the territory banking account without further\nappropriation.\n(8) This section does not apply to money held on trust by a territory\n\n","sortOrder":107},{"sectionNumber":"59","sectionType":"section","heading":"Borrowing by territory authorities","content":"59 Borrowing by territory authorities\n(1) The Treasurer may, on the terms and conditions the Treasurer\nconsiders appropriate—\n(a) borrow money for a territory authority; or\n(b) lend public money to a territory authority.\n(2) A borrowing may be secured by the territory authority’s assets\napproved by the Treasurer for this section.\n(3) A territory authority may arrange an overdraft or credit facility only\nwith the written approval of the Treasurer.\n(4) A loan under subsection (1) (b) may be made only from—\n(a) money appropriated for the purpose of making the loan; or\n(b) money appropriated for purposes that include the purpose of\nmaking the loan.\n(5) However, subsection (4) does not apply to an overdraft or credit\nfacility for a territory authority from the territory banking account that\nis approved by the Treasurer for the authority.\n(6) The Treasurer may approve an overdraft or credit facility for a\nterritory authority under subsection (5) only if satisfied that it is for a\npurpose consistent with a function of the authority.\n(7) An approval under subsection (5) must state, for the overdraft or\ncredit facility—\n(a) each purpose for which it may be used; and\n(b) the maximum amount that may be outstanding at any time; and\n(c) conditions about—\n(i) the repayment of principal; and\n(ii) the interest rate; and\n(iii) the repayment of interest.\n\n(8) An approval under subsection (5) may also state any other condition\nthat the Treasurer requires.\n(9) An approval under subsection (5) is a disallowable instrument.\n(10) An overdraft or credit facility approved under subsection (5) must be\nreviewed annually by the Treasurer.\n","sortOrder":108},{"sectionNumber":"60","sectionType":"section","heading":"Guarantees by territory authorities","content":"60 Guarantees by territory authorities\nA territory authority may only give a guarantee with the written\napproval of the Treasurer.\n","sortOrder":109},{"sectionNumber":"61","sectionType":"section","heading":"Territory authority statements of intent","content":"61 Territory authority statements of intent\n(1) A territory authority must give the Treasurer a statement (a statement\nof intent) for each financial year.\n(2) A territory authority must consult the responsible Minister in\npreparing a statement of intent.\n(3) A territory authority must show the responsible Minister a copy of the\nproposed statement of intent, and take into consideration any\ncomment by the Minister, before giving it to the Treasurer.\n(4) A statement of intent must be—\n(a) in the form the Treasurer requires; and\n(b) in a form that facilitates a comparison between—\n(i) the proposed statement of intent for the authority; and\n(ii) the statement of intent for the authority for the previous\n(iii) the estimated results for the authority for the previous\n(c) as agreed between the relevant person for the authority and the\nTreasurer; and\n\n(d) provided to the Treasurer within the period the Treasurer\nrequires.\n(5) A statement of intent for a financial year must include the following:\nmanagement guidelines;\n(b) for a financial statement mentioned in paragraph (a)—budget\nestimates for each of the next 3 financial years;\n(c) a statement of the objectives of the authority for the year and\neach of the next 3 financial years;\n(d) a statement of the nature and scope of the activities to be carried\nout by the authority during the year and each of the next 3\nfinancial years;\n(e) for a territory authority that, during the year, is to be given a\ncapital injection that must be repaid—a statement that—\n(i) states that the capital injection is an injection that must be\nrepaid; and\nwhich it must be repaid;\n(f) the results of any review under section 59 (10) in the previous\nfinancial year of an overdraft or credit facility approved for the\nauthority;\n(g) any other information the Treasurer directs.\n(6) Also, a statement of intent for a prescribed territory authority for a\nfinancial year must include a statement that sets out—\n(a) the outputs and classes of outputs it is proposed that the\nauthority should provide during the year; and\n(b) the performance criteria to be met by the authority in providing\nthe outputs; and\n\n(c) for each output and class of output mentioned in paragraph (a)—\n(i) the proposed budget expense and proposed appropriation\nfor the financial year; and\n(ii) the estimated expense and appropriation for the previous\n(7) In addition, the statement of intent for a territory authority that is not\na prescribed territory authority for a financial year must include the\nfollowing:\n(a) the performance criteria and other measures by which the\nperformance of the authority may be assessed against its\nobjectives for the year and each of the next 3 financial years;\n(b) an assessment of the performance (or estimated performance) of\nthe authority in the previous financial year against its objectives\nfor that year.\n(8) In this section:\nrelevant person, for a territory authority, means—\n","sortOrder":110},{"sectionNumber":"62","sectionType":"section","heading":"Presentation of statements of intent of territory","content":"62 Presentation of statements of intent of territory\n(1) This section does not apply if a territory authority presents a proposed\nbudget to the Legislative Assembly under section 10 (c).\n(2) The Treasurer must present to the Legislative Assembly, with the\nbudget papers for a financial year, a statement of intent for each\nterritory authority for the year.\n\n(3) If the Treasurer does not present to the Legislative Assembly, with\nthe budget papers for a financial year, a statement of intent for a\nterritory authority, the Treasurer must—\n(a) as soon as practicable after the budget papers are presented,\nexplain to the Legislative Assembly why the statement of intent\nwas not presented; and\n(b) present the statement of intent to the Legislative Assembly as\nsoon as practicable after presenting the budget papers.\n","sortOrder":111},{"sectionNumber":"63","sectionType":"section","heading":"Annual financial statements of territory authorities","content":"63 Annual financial statements of territory authorities\nterritory authority must prepare annual financial statements for its\noperations during the year.\n(2) The annual financial statements must be prepared in accordance with\naccounting standards and in a form that facilitates a comparison\nbetween the financial operations of the territory authority during the\nfinancial year and the estimates of the operations in the authority’s\nstatement of intent for the year.\n(3) The annual financial statements must include—\n(b) if a change was made during the year to the conditions of a\ncapital injection set out under section 61 (5) (e) (Territory\nauthority statements of intent) in a statement included in a\nproposed budget for the authority for a financial year—a\nstatement of the change and the reasons for it; and\n(c) any other statement necessary to fairly reflect the financial\noperations of the authority during the year and its financial\nposition at the end of the year.\n\n","sortOrder":112},{"sectionNumber":"64","sectionType":"section","heading":"Responsibility for annual financial statements of territory","content":"64 Responsibility for annual financial statements of territory\n(1) An annual financial statement of a territory authority must have a\nstatement of responsibility attached to it.\n(a) state that, in the relevant person’s opinion, the annual financial\nstatements fairly reflect—\n(i) the financial operations of the authority during the\n(ii) the financial position of the authority at the end of the year;\nand\n(b) state the relevant person’s responsibility for the preparation of\nthe annual financial statements and the judgments exercised in\npreparing them; and\n(c) be signed by the relevant person.\nauditor-general gives the relevant person an audit opinion for the\nfinancial statement in accordance with section 65.\nrelevant person, for the territory authority, means—\n\n","sortOrder":113},{"sectionNumber":"65","sectionType":"section","heading":"Audit of annual financial statements of territory","content":"65 Audit of annual financial statements of territory\n(1) The chief executive officer of a territory authority must give the\nauditor-general the annual financial statements of the authority for a\nfinancial year within the prescribed period after the end of the year.\n(2) The auditor-general must give the chief executive officer an audit\nopinion about the financial statements as soon as practicable after the\nauditor-general receives them.\n","sortOrder":114},{"sectionNumber":"66","sectionType":"section","heading":"Annual financial statements of territory authorities to be","content":"66 Annual financial statements of territory authorities to be\nincluded in annual reports etc\nAct 2004 for a territory authority for a financial year must include, or\nhave attached to it—\n(a) the authority’s annual financial statements for the year; and\n(b) the audit opinion under section 65 (2) about the financial\nstatements.\n","sortOrder":115},{"sectionNumber":"67","sectionType":"section","heading":"Treasurer may require interim financial statements etc for","content":"67 Treasurer may require interim financial statements etc for\n(1) The Treasurer may, in writing, direct the relevant person for a\nterritory authority to give the responsible Minister of the authority\nand the Treasurer financial or other statements relating to the\nauthority for each month, quarter or other stated period of the year.\n(2) The relevant person must prepare the statements required by the\ndirection and give them to the responsible Minister and Treasurer\nwithin 1 month after the day the person receives the direction or, if a\nlonger period for compliance is stated in the direction, within the\nlonger period.\n\nrelevant person, for a territory authority, means—\n","sortOrder":116},{"sectionNumber":"68","sectionType":"section","heading":"Statements of performance of territory authorities","content":"68 Statements of performance of territory authorities\nterritory authority must prepare a statement of the performance of the\nauthority in meeting the objectives in the authority’s statement of\n(2) For a territory authority that is not a prescribed territory authority, the\nstatement must assess the performance by reference to the\nperformance criteria and other measures included in the statement of\nintent in accordance with section 61 (7).\n(3) For a prescribed territory authority, the statement must include a\nstatement of the performance of the authority in providing each class\nof outputs set out in the authority’s budget for the year and provided\nby it during the year and, in particular—\n(a) compare the performance of the territory authority in providing\neach class of the outputs with the forecast of the performance in\nthe authority’s budget for the year; and\n(b) give particulars of the extent to which the performance criteria\nset out in the budget for the provision of the outputs were met.\n\nbudget, for the territory authority, means the budget for the authority\nfor the financial year presented to the Legislative Assembly under\nsection 10 (c) (Budget papers) and, if that budget has been amended\nprescribed territory authority means a territory authority prescribed\nfor section 61 (6) (Territory authority statements of intent).\n","sortOrder":117},{"sectionNumber":"69","sectionType":"section","heading":"Responsibility for territory authority statements of","content":"69 Responsibility for territory authority statements of\nperformance\n(1) A statement of performance of a territory authority must have a\nstatement of responsibility attached to it.\n(a) state that, in the relevant person’s opinion, the statement of\nperformance fairly reflects the performance of the authority\nduring the financial year; and\n(b) state the relevant person’s responsibility for the preparation of\nthe statement of performance and the judgments exercised in\npreparing it; and\n(c) be signed by the relevant person.\nauditor-general gives the report about the statement of performance\nto the chief executive officer under section 70 (2).\nrelevant person, for the territory authority, means—\n\n","sortOrder":118},{"sectionNumber":"70","sectionType":"section","heading":"Scrutiny of territory authority statements of performance","content":"70 Scrutiny of territory authority statements of performance\n(1) The chief executive officer of a territory authority must give the\nauditor-general the authority’s statement of performance for a\nfinancial year within the prescribed period after the end of the year.\n(2) The auditor-general must give the chief executive officer a report\nabout the statement of performance as soon as practicable after the\nauditor-general receives it.\n(3) The report must be prepared in accordance with the financial\nmanagement guidelines.\n","sortOrder":119},{"sectionNumber":"71","sectionType":"section","heading":"Territory authority statements of performance to be","content":"71 Territory authority statements of performance to be\nincluded in annual reports etc\nAct 2004 for a territory authority for a financial year must include, or\nhave attached to it—\n(a) the authority’s statement of performance for the year; and\n(b) the auditor-general’s report under section 70 (2) about the\nstatement of performance.\n\n","sortOrder":120},{"sectionNumber":"Part 9","sectionType":"part","heading":"Governance of territory","content":"Part 9 Governance of territory\nNotes for pt 9\nNote 1 Div 9.1 and div 9.5 apply to a territory authority, whether or not it has a\ngoverning board, unless the establishing Act otherwise provides (see eg\nthe Legal Aid Act 1977, s 94A).\nNote 2 The Legislation Act contains provisions relevant to territory authorities,\nincluding the following:\n• making appointments (s 206, s 207)\n• consultation with a committee of the Legislative Assembly\n(div 19.3.3)\n• eligibility for reappointment (s 208 and dict, pt 1, def appoint)\n• acting appointments (s 209)\n• resignations (s 210)\n• effect of appointment irregularity or defect (s 212).\nNote 3 The Remuneration Tribunal Act 1995 allows terms and conditions for\npeople appointed to be set by determination under that Act.\n","sortOrder":121},{"sectionNumber":"72","sectionType":"section","heading":"Definitions—pt 9","content":"72 Definitions—pt 9\nIn this part:\napplicable governmental policies, for a territory authority—see\nsection 103.\nestablishing Act, for a territory authority, governing board or\ngoverning board member, means the Act that establishes the authority\nor governing board.\n\nDefinitions and important concepts Division 9.1\nfinancial year, for a territory authority, means—\n(a) a period of 12 months beginning on 1 July; or\n(b) if the territory authority has, in writing, fixed another 12-month\nperiod as its financial year—the period fixed.\ngoverning board member, for a territory authority with a governing\nboard, includes the CEO.\nmaterial interest—see section 88 (4).\nrelevant territory authority—a territory authority to which part 8\napplies is a relevant territory authority, unless the establishing Act\nfor the authority provides otherwise.\n","sortOrder":122},{"sectionNumber":"73","sectionType":"section","heading":"Nature of relevant territory authorities","content":"73 Nature of relevant territory authorities\n(1) A relevant territory authority—\n(a) is a corporation; and\n(b) may sue and be sued in its corporate name; and\n(c) may have a seal.\n(2) A relevant territory authority represents the Territory when exercising\nits functions, unless the establishing Act for the authority or another\nterritory law otherwise provides.\n(3) A relevant territory authority has the same status, privileges and\nimmunities as the Territory so far as it represents the Territory.\n\n","sortOrder":123},{"sectionNumber":"74","sectionType":"section","heading":"Powers of territory authorities generally","content":"74 Powers of territory authorities generally\n(1) A relevant territory authority has the legal capacity and powers of an\nindividual both in and outside the ACT (including outside Australia).\nExamples\n1 to enter into a contract\n2 to own, deal with and dispose of property\n3 to act as trustee\n(2) Without limiting subsection (1), a relevant territory authority—\n(a) has the powers given to it under this Act or another territory law;\nand\n(b) may do anything that it is authorised to do by a territory law or\na law of another jurisdiction; and\n(c) may exercise its powers in and outside the ACT (including\noutside Australia).\nExample for par (b)\nA territory authority may arrange for the authority to be registered or recognised\nunder a law of another jurisdiction.\n(3) A relevant territory authority’s legal capacity to do something is not\naffected by the fact that the authority’s interests are not, or would not\nbe, served by doing it.\n(4) To remove any doubt, this section does not—\n(a) authorise a relevant territory authority to do anything that is\nprohibited by a territory law or a law of another jurisdiction; and\n(b) give a relevant territory authority a right that a territory law or a\nlaw of another jurisdiction denies to the authority.\nanother jurisdiction means the Commonwealth, a State, another\nTerritory or a foreign country.\n\nDefinitions and important concepts Division 9.1\n","sortOrder":124},{"sectionNumber":"75","sectionType":"section","heading":"Execution of documents and assumptions people dealing","content":"75 Execution of documents and assumptions people dealing\nwith relevant territory authority may make\napplied Corporations Act provisions means the following provisions\nof the Corporations Act:\n(a) section 127 (which is about the execution of documents by a\ncompany);\n(b) section 128 (which is about a person’s entitlement to make\ncertain assumptions in dealing with a company);\n(c) section 129 (which is about the assumptions that may be made).\n(2) The applied Corporations Act provisions apply to a relevant territory\nauthority as if—\n(a) a reference to a company were a reference to the authority; and\n(b) a reference to a common seal were a reference to any seal of the\nauthority; and\n(c) a reference to a director were a reference to a board member;\nand\n(d) a reference to a company’s constitution were a reference to this\nAct and the establishing Act; and\n(e) a reference to an officer of a company were a reference to the\nchief executive officer and any member of staff of the authority;\nand\n(f) a reference to information available to the public from ASIC\nwere a reference to information available to the public from the\nTerritory; and\n(g) any other necessary changes, and any change prescribed by\nregulation, were made.\n\n","sortOrder":125},{"sectionNumber":"76","sectionType":"section","heading":"Governing board of territory authority","content":"76 Governing board of territory authority\nA territory authority has a governing board if the establishing Act for\nthe authority establishes a governing board for the authority.\n","sortOrder":126},{"sectionNumber":"77","sectionType":"section","heading":"Role of governing board","content":"77 Role of governing board\n(1) If a territory authority has a governing board, the governing board has\nthe following functions:\n(a) setting the authority’s policies and strategies;\n(b) governing the authority consistently with the authority’s\nestablishing Act and other relevant legislation;\n(c) ensuring, as far as practicable, that the authority operates in a\nproper, effective and efficient way;\n(d) ensuring, as far as practicable, that the authority complies with\napplicable governmental policies (if any).\nExamples of policies for par (a)\n1 risk management\n2 communication with government\n3 corporate planning\n(2) This section does not limit the functions of a governing board.\n","sortOrder":127},{"sectionNumber":"Div 9","sectionType":"division","heading":"2 Governing board member","content":"Division 9.2 Governing board member\nappointments\n","sortOrder":128},{"sectionNumber":"78","sectionType":"section","heading":"Appointment of governing board members generally","content":"78 Appointment of governing board members generally\n(1) This section applies to the appointment of the members of the\ngoverning board of a territory authority, other than the CEO.\n(2) The responsible Minister for the territory authority may appoint the\nmembers.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n\nGoverning board member appointments Division 9.2\n(3) The only criteria for deciding whether to appoint a person as a\nmember are—\n(a) the contribution the person can make to the goals and objectives\nof the governing board; and\n(b) the criteria stated in applicable governmental policies (if any)\nrelating to appointments.\n(4) However, the establishing Act may prescribe other criteria for\ndeciding whether to appoint a person as a member.\n(5) Also, unless the establishing Act otherwise provides, a person must\nnot be appointed as a member if—\n(a) the person is a public servant; and\n(b) if the governing board has a maximum of 6 members or less—\nthe appointment would result in more than 1 public servant\nbeing a member of the board; and\n(c) if the governing board has a maximum of more than\n6 members—the appointment would result in more than\n2 public servants being members of the board.\n(6) Subsection (5) does not apply if—\n(a) the Minister is satisfied that there are special circumstances\njustifying the appointment; and\n(b) the Legislative Assembly approves, by resolution, the\nappointment.\n(7) An appointment of a member—\n(a) must not be for longer than 3 years, unless the establishing Act\nallows a longer period; and\n(b) is an appointment under the provision of the establishing Act\nthat establishes the governing board.\n\n(8) The conditions of appointment of a member (other than a member\nrequired under the establishing Act to be a public servant or statutory\noffice-holder) are the conditions agreed between the Minister and the\nmember, subject to any determination under the Remuneration\nTribunal Act 1995.\n","sortOrder":129},{"sectionNumber":"79","sectionType":"section","heading":"Appointment of chair and deputy chair","content":"79 Appointment of chair and deputy chair\n(1) The responsible Minister for a territory authority with a governing\nboard may appoint a chair for the board and, unless the establishing\nAct otherwise provides, a deputy chair for the board.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) However, the responsible Minister must not appoint the CEO of the\nterritory authority as chair or deputy chair.\n(3) Also, the responsible Minister must not appoint a public servant as\nchair or deputy chair unless—\n(a) there is no member of the board who—\n(i) is not a public servant; and\n(ii) is available to be appointed; and\n(b) the Legislative Assembly approves, by resolution, the\nappointment.\n(4) The responsible Minister must try to ensure that the governing board\nof a territory authority always has a chair and, unless the establishing\nAct otherwise provides, deputy chair.\n\nGoverning board member appointments Division 9.2\n","sortOrder":130},{"sectionNumber":"80","sectionType":"section","heading":"Appointment of CEO of authority with governing board","content":"80 Appointment of CEO of authority with governing board\n(1) This section applies to a territory authority with a governing board.\n(2) The governing board of the territory authority must, after consulting\nthe responsible Minister, appoint a CEO for the authority.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see s 207).\n(3) However, if the CEO is required under the establishing Act to be a\npublic servant, the director-general of the administrative unit\nresponsible for the establishing Act must, after consulting the\ngoverning board and the responsible Minister, appoint a CEO for the\n(4) The CEO is a member of the governing board.\n(5) However, the CEO is not a member of the governing board if it is\nconsidering or deciding—\n(a) the appointment, or the ending of the appointment, of the CEO;\nor\n(b) the CEO’s conditions of appointment.\n(6) The conditions of appointment of a CEO (other than a CEO required\nunder the establishing Act to be a public servant) are the conditions\nagreed between the governing board and the CEO, subject to any\ndetermination under the Remuneration Tribunal Act 1995.\n\n","sortOrder":131},{"sectionNumber":"81","sectionType":"section","heading":"Ending board member appointments","content":"81 Ending board member appointments\n(1) This section applies to a governing board member other than the\nCEO.\n(2) The responsible Minister may end the member’s appointment—\n(a) if the member contravenes a territory law; or\n(b) for misbehaviour; or\n(c) if the member becomes bankrupt or personally insolvent; or\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndictionary, pt 1.\n(d) if the member is convicted, or found guilty, in Australia of an\noffence punishable by imprisonment for at least 1 year; or\n(e) if the member is convicted, or found guilty, outside Australia of\nan offence that, if it had been committed in the ACT, would be\npunishable by imprisonment for at least 1 year; or\n(f) if the member exercises the member’s functions other than in\naccordance with section 85 (Honesty, care and diligence of\ngoverning board members); or\n(g) if the member fails to take all reasonable steps to avoid being\nplaced in a position where a conflict of interest arises during the\nexercise of the member’s functions; or\n(h) if the member contravenes section 88 (Disclosure of interests by\ngoverning board members); or\n(i) if the member is absent from 3 consecutive meetings of the\nboard, otherwise than on approved leave; or\n(j) for physical or mental incapacity, if the incapacity substantially\naffects the exercise of the member’s functions.\nNote A person’s appointment also ends if the person resigns (see Legislation\nAct, s 210).\n\n(3) The Minister may also end the appointment of the member (the\nmember concerned) if the board tells the Minister in writing that it\nhas resolved, by a majority of at least 2/3 of the members, to\nrecommend to the Minister that the member’s appointment be ended.\n(4) The governing board may pass a resolution mentioned in\nsubsection (3) only if—\n(a) at least 3 weeks written notice of the intention to consider the\nproposed resolution has been given to the member concerned;\nand\n(b) the member concerned has been given an opportunity to make\nsubmissions and present documents to a meeting of the board;\nand\n(c) if the member concerned has used the opportunity mentioned in\nparagraph (b)—a summary of the member’s submissions is\nrecorded in the minutes of the board and a copy of any\ndocuments presented is included in the minutes.\nDivision 9.3 Functions of governing board\nmembers\n","sortOrder":132},{"sectionNumber":"82","sectionType":"section","heading":"Chair’s functions","content":"82 Chair’s functions\nThe chair of the governing board of a territory authority has the\nfollowing functions:\n(a) managing the affairs of the governing board;\n(b) ensuring, as far as practicable, that there is a good working\nrelationship between the governing board and management of\nthe authority;\n(c) ensuring the responsible Minister is kept informed about the\noperations of the authority.\n\n","sortOrder":133},{"sectionNumber":"83","sectionType":"section","heading":"Deputy chair’s functions","content":"83 Deputy chair’s functions\n(1) If the chair of the governing board of a territory authority is absent or\ncannot for any reason exercise the functions of the chair, the deputy\nchair of the governing board must exercise the functions of the chair.\n(2) However, this section does not apply to a territory authority if the\nestablishing Act for the authority provides that it need not have a\ndeputy chair.\nNote The Legislation Act, s 209 deals with acting appointments.\n","sortOrder":134},{"sectionNumber":"84","sectionType":"section","heading":"CEO’s functions","content":"84 CEO’s functions\n(1) The CEO of a territory authority with a governing board has the\nfollowing functions:\n(a) ensuring, as far as practicable, that the authority’s statement of\nintent is implemented effectively and efficiently;\nExample of implementation of statement of intent\nachieving objectives in statement of intent\n(b) managing the day-to-day operations of the authority in\naccordance with—\n(i) applicable governmental policies (if any); and\n(ii) the policies of the authority set by the board; and\n(iii) each legal requirement that applies to the authority;\nExample for par (iii)\na direction by the independent competition and regulatory commission that\nrelates to the authority\n(c) regularly advising the board about the operation and financial\nperformance of the authority;\n(d) immediately advising the board about significant events.\n\nsignificant event, for a territory authority, means an event that the\nauthority is required to tell the responsible Minister about under\nsection 101.\n","sortOrder":135},{"sectionNumber":"85","sectionType":"section","heading":"Honesty, care and diligence of governing board members","content":"85 Honesty, care and diligence of governing board members\nIn exercising the functions of a governing board member, a member\nmust exercise the degree of honesty, care and diligence required to be\nexercised by a director of a corporation in relation to the affairs of the\n","sortOrder":136},{"sectionNumber":"86","sectionType":"section","heading":"Conflicts of interest by governing board members","content":"86 Conflicts of interest by governing board members\nA governing board member must take all reasonable steps to avoid\nbeing placed in a position where a conflict of interest arises during\nthe exercise of the member’s functions.\n","sortOrder":137},{"sectionNumber":"87","sectionType":"section","heading":"Agenda to require disclosure of interest item","content":"87 Agenda to require disclosure of interest item\nThe agenda for each meeting of a territory authority governing board\nmust include an item requiring any material interest in an issue to be\nconsidered at the meeting to be disclosed to the meeting.\n","sortOrder":138},{"sectionNumber":"88","sectionType":"section","heading":"Disclosure of interests by governing board members","content":"88 Disclosure of interests by governing board members\n(1) If a governing board member has a material interest in an issue being\nconsidered, or about to be considered, by the governing board, the\nmember must disclose the nature of the interest at a board meeting as\nsoon as practicable after the relevant facts come to the member’s\nknowledge.\nNote Material interest is defined in s (4). The definition of indirect interest in\ns (4) applies to the definition of material interest.\n(2) The disclosure must be recorded in the governing board’s minutes\nand, unless the board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n\n(b) take part in a decision of the board on the issue.\nExample\nAlbert, Boris and Chloe are members of a governing board. They have an interest\nin an issue being considered at a governing board meeting and they disclose the\ninterest as soon as they become aware of it. Albert’s and Boris’s interests are minor\nbut Chloe has a direct financial interest in the issue.\nThe governing board considers the disclosures and decides that because of the\nnature of the interests:\n• Albert may be present when the board considers the issue but not take part in\nthe decision\n• Boris may be present for the consideration and take part in the decision.\nThe board does not make a decision allowing Chloe to be present or take part in the\nboard’s decision. Accordingly, since Chloe has a material interest she cannot be\npresent for the consideration of the issue or take part in the decision.\n(3) Any other governing board member who also has a material interest\nin the issue must not be present when the board is considering its\ndecision under subsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nexecutive officer, of a corporation, means a person (however\ndescribed) who is concerned with, or takes part in, the corporation’s\nmanagement, whether or not the person is a director of the\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a governing board member has a material interest\nin an issue if the member has—\n(a) a direct or indirect financial interest in the issue; or\n(b) a direct or indirect interest of any other kind if the interest could\nconflict with the proper exercise of the member’s functions in\nrelation to the board’s consideration of the issue.\n","sortOrder":139},{"sectionNumber":"89","sectionType":"section","heading":"Reporting of disclosed governing board interests to","content":"89 Reporting of disclosed governing board interests to\nMinister\n(1) Within 3 months after the day a material interest is disclosed under\nsection 88 (1), the chair of the governing board must report to the\nresponsible Minister in writing about—\n(a) the disclosure; and\n(b) the nature of the interest disclosed; and\n(c) any decision by the board under section 88 (2).\n\n(2) The chair must also give the responsible Minister, not later than\n31 days after the end of each financial year, a statement that sets out\nthe information given to the Minister in reports under subsection (1)\nthat relate to disclosures made during the previous financial year.\n(3) The responsible Minister must give a copy of the statement to the\nrelevant Assembly committee within 31 days after the day the\nMinister receives the statement.\n","sortOrder":140},{"sectionNumber":"90","sectionType":"section","heading":"Protection of governing board members from liability","content":"90 Protection of governing board members from liability\n(1) A governing board member is not civilly liable for anything done or\nomitted to be done honestly and without recklessness—\n(a) in the exercise of a function under a territory law; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under a territory law.\n(2) Any liability that would, apart from this section, attach to a governing\nboard member of a territory authority attaches instead to the authority.\n","sortOrder":141},{"sectionNumber":"91","sectionType":"section","heading":"Indemnification and exemption of governing board","content":"91 Indemnification and exemption of governing board\nmembers\n(1) A territory authority must not exempt a governing board member\n(whether directly or through another entity) from liability to the\n(2) A territory authority must not indemnify a governing board member\n(whether directly or through another entity and whether by agreement\nor by making a payment) against any of the following liabilities\nincurred as a board member:\n(a) a liability owed to the authority;\n(b) a liability owed to someone other than the authority that did not\narise from honest conduct.\n\n(3) A territory authority must not indemnify a governing board member\n(whether directly or through another entity and whether by agreement\nor by making a payment) against legal costs incurred as a member if\nthe costs are incurred—\n(a) in defending or resisting a proceeding if the person is found to\nhave a liability for which the person could not be indemnified\nunder subsection (2); or\nNote A governing board member is not personally liable for certain acts\ndone or omissions made honestly and without recklessness (see\ns 90).\n(b) in defending or resisting a criminal proceeding in which the\nperson is found guilty.\nauthority includes a subsidiary (if any) of the authority.\n","sortOrder":142},{"sectionNumber":"92","sectionType":"section","heading":"Compensation for exercise of functions etc","content":"92 Compensation for exercise of functions etc\n(1) A person may claim compensation from the Territory if the person\nsuffers loss because of the exercise, or purported exercise, of a\nfunction under this part or the establishing Act.\n(2) Compensation may be claimed and ordered in a proceeding for\ncompensation brought in a court of competent jurisdiction.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\n","sortOrder":143},{"sectionNumber":"93","sectionType":"section","heading":"Time and place of governing board meetings","content":"93 Time and place of governing board meetings\n(1) Meetings of the governing board of a territory authority are to be held\nwhen and where it decides.\n(2) However, the governing board must meet—\n(a) at least once every 3 months; or\n(b) if the establishing Act requires the governing board to meet\nmore frequently—at the times required under the establishing\nAct.\n(3) The chair—\n(a) may at any time call a meeting of the governing board; and\n(b) must call a meeting if asked by the Minister or at least\n2 members.\n(4) The chair must give the other members reasonable notice of the time\nand place of a meeting called by the chair.\n","sortOrder":144},{"sectionNumber":"94","sectionType":"section","heading":"Presiding member at governing board meetings","content":"94 Presiding member at governing board meetings\n(1) The chair presides at all meetings at which the chair is present.\n(2) If the chair is absent and the governing board has a deputy chair, the\ndeputy chair presides.\n(3) If the chair and the deputy chair are absent or the chair is absent and\nthere is no deputy chair, the member chosen by the members present\npresides.\n(4) However, the members must not choose the CEO to preside.\n\nGoverning board meetings Division 9.4\n","sortOrder":145},{"sectionNumber":"95","sectionType":"section","heading":"Quorum at governing board meetings","content":"95 Quorum at governing board meetings\n(1) Business may be carried on at a meeting of the governing board only\nif at least 1/2 the number of members appointed are present.\n(2) However, if the establishing Act for the governing board provides that\na board member is a non-voting member, that board member is not\ncounted as a member appointed or present for subsection (1).\n","sortOrder":146},{"sectionNumber":"96","sectionType":"section","heading":"Voting at governing board meetings","content":"96 Voting at governing board meetings\n(1) At a meeting of the governing board each member has a vote on each\nquestion to be decided, unless the establishing Act for the board\notherwise provides.\n(2) A question is decided by a majority of the votes of the members\npresent and voting but, if the votes are equal, the member presiding\nhas a deciding vote.\n","sortOrder":147},{"sectionNumber":"97","sectionType":"section","heading":"Conduct of governing board meetings etc","content":"97 Conduct of governing board meetings etc\n(1) The governing board may conduct its proceedings (including its\nmeetings) as it considers appropriate.\n(2) A meeting may be held using a method of communication, or a\ncombination of methods of communication, that allows a board\nmember taking part to hear what each other member taking part says\nwithout the members being in each other’s presence.\nExamples\na phone link, a satellite link, an internet or intranet link\n(3) A governing board member who takes part in a meeting conducted\nunder subsection (2) is taken, for all purposes, to be present at the\nmeeting.\n\n(4) A resolution is a valid resolution of the governing board, even if it is\nnot passed at a meeting of the board, if all members agree to the\nproposed resolution in writing or by electronic communication.\nExample of electronic communication\nemail\n(5) The board must keep minutes of its meetings.\nDivision 9.5 Requirements and obligations for\n","sortOrder":148},{"sectionNumber":"98","sectionType":"section","heading":"Limitations on authorities forming corporations etc","content":"98 Limitations on authorities forming corporations etc\n(1) A relevant territory authority must not do any of the following\nwithout the Treasurer’s prior written approval:\n(a) subscribe for, or purchase, shares in or debentures or other\nsecurities of, a corporation;\n(b) form, or take part in the formation of, a corporation.\n(2) An approval under subsection (1)—\n(a) must relate only to a particular corporation or proposed\ncorporation; and\n(b) may be given subject to the conditions or restrictions stated in\nthe approval.\n(3) If a relevant territory authority does something mentioned in\nsubsection (1), the authority must tell the responsible Minister within\n2 weeks after the day the authority does the thing.\n(4) The responsible Minister must—\n(a) prepare a written statement setting out details of, and reasons\nfor, the relevant territory authority’s action; and\n(b) present the statement to the Legislative Assembly within\n6 sitting days after the day the Minister is told about the action.\n\nRequirements and obligations for territory authorities Division 9.5\n(5) A statement need not include any material that is commercially\nsensitive.\n(6) However, if commercially sensitive information is not included in the\nstatement, the responsible Minister must, when presenting the\nstatement to the Legislative Assembly, also present a further\nstatement setting out the general nature of the information and the\nreason for its non-inclusion in the statement.\n","sortOrder":149},{"sectionNumber":"99","sectionType":"section","heading":"Limitations on authorities taking part in joint ventures","content":"99 Limitations on authorities taking part in joint ventures\nand trusts\n(1) A relevant territory authority must not take part in a joint venture or\ntrust without the Treasurer’s prior written approval.\n(2) An approval under subsection (1)—\n(a) may apply generally or may relate to a particular proposed joint\nventure or trust; and\n(b) may be given subject to the conditions or restrictions stated in\nthe approval.\n(3) If a relevant territory authority enters into an agreement for a joint\nventure or trust, the authority must tell the responsible Minister within\n2 weeks after the day the authority enters into the agreement.\n(4) The responsible Minister must—\n(a) prepare a written statement setting out details of, and reasons\nfor, the agreement; and\n(b) present the statement to the Legislative Assembly within\n6 sitting days after the day the Minister is told about the\nagreement.\n(5) A statement need not include any material that is commercially\nsensitive.\n\n(6) However, if commercially sensitive information is not included in the\nstatement, the responsible Minister must, when presenting the\nstatement to the Legislative Assembly, also present a further\nstatement setting out the general nature of the information and the\nreason for its non-inclusion in the statement.\n","sortOrder":150},{"sectionNumber":"100","sectionType":"section","heading":"Corporations, joint ventures and trusts in which authority","content":"100 Corporations, joint ventures and trusts in which authority\nhas interest\n(1) If a relevant territory authority has a controlling interest in a\ncorporation, joint venture or trust, the authority must ensure that—\n(a) the auditor-general is appointed auditor for the corporation, joint\nventure or trust; and\n(b) the corporation or joint venture, or a trustee for the trust, does\nnot do anything that the authority itself could not do.\n(2) If a relevant territory authority has an interest, other than a controlling\ninterest, in a corporation, joint venture or trust, the authority must try\nto ensure that the auditor-general is appointed auditor for the\ncorporation, joint venture or trust.\nNote The Auditor-General Act 1996, s 14 allows the auditor-general to require\na person to give to the auditor-general information and documents.\n(3) In this section—\ncontrolling interest—see the Auditor-General Act 1996, section 5.\n","sortOrder":151},{"sectionNumber":"101","sectionType":"section","heading":"Obligation of authorities to tell Minister about significant","content":"101 Obligation of authorities to tell Minister about significant\nevents\n(1) A relevant territory authority must, as soon as practicable, tell the\nresponsible Minister of any significant event that affects, or seems\nlikely to affect—\n(a) the value of the authority; or\n(b) a significant part of the authority’s assets; or\n\nRequirements and obligations for territory authorities Division 9.5\n(c) the performance of the authority as a whole; or\n(d) the carrying out of a significant activity of the authority.\n(2) For this section, an event, part of assets or activity is significant for a\nrelevant territory authority if—\n(a) it is significant when interpreted in accordance with accounting\nstandards relating to materiality ordinarily used in Australia\nwhen the decision about whether it is significant is made; or\n(b) a document published by the authority identifies it as significant\n(however described); or\n(c) a memorandum of understanding or other agreement between\nthe responsible Minister or Treasurer and the authority identifies\nit as significant (however described); or\n(d) it is prescribed under the financial management guidelines.\n","sortOrder":152},{"sectionNumber":"102","sectionType":"section","heading":"Ministerial directions to authorities about financial etc","content":"102 Ministerial directions to authorities about financial etc\nstatements\n(1) The responsible Minister for a relevant territory authority may, in\nwriting, direct the relevant person for the authority to give the\nMinister financial or other statements relating to the authority.\n(2) Without limiting subsection (1), the direction may state the form in\nwhich the statements are to be given and the period to which they\nmust relate.\n(3) A relevant person for a relevant territory authority who receives a\ndirection under subsection (1) must prepare the statements required\nby the direction and give them to the responsible Minister\nwithin 1 month after the day the person receives the direction or, if a\nlonger period is allowed by the Minister, within the longer period.\n(4) The responsible Minister must not allow a longer period under\nsubsection (3) for complying with a direction unless satisfied that\nthere are special circumstances that justify the longer period.\n\nrelevant person, for a relevant territory authority, means—\n","sortOrder":153},{"sectionNumber":"103","sectionType":"section","heading":"Application of government policies to authorities","content":"103 Application of government policies to authorities\n(1) The responsible Minister for a relevant territory authority may, after\nconsulting the authority, tell the authority the general government\npolicies (applicable governmental policies) that are to apply to the\n(2) A relevant territory authority must ensure that the authority complies,\nas far as practicable, with the applicable governmental policies.\n(3) For the Competition and Consumer Act 2010 (Cwlth), this Act\nauthorises—\n(a) the decision to apply applicable governmental policies to an\nauthority; and\n(b) the doing of, or the failure to do, anything by or in relation to the\nauthority to comply with applicable governmental policies.\n(4) A notice under subsection (1) is a notifiable instrument.\n\n","sortOrder":154},{"sectionNumber":"104","sectionType":"section","heading":"Purpose of div 9.6","content":"104 Purpose of div 9.6\nThe purpose of this division is to facilitate the transfer of assets, rights\nand liabilities of, or held by, territory authorities to which this division\napplies.\nNote 1 A liability includes an obligation (see Legislation Act, dict, pt 1).\nNote 2 See also the Legislation Act, dict, def asset.\n","sortOrder":155},{"sectionNumber":"105","sectionType":"section","heading":"What territory authorities does div 9.6 apply to?","content":"105 What territory authorities does div 9.6 apply to?\n(1) This division applies to a territory authority if the authority is\nprescribed by regulation for this division.\n(2) A reference in this division to a division 9.6 authority is a reference\nto a territory authority to which this division applies.\n(3) To remove any doubt—\n(a) nothing in this Act prevents a division 9.6 authority also being a\ndivision 9.7 authority; and\n(b) a regulation may prescribe a territory authority for this division\nwhether or not this part would otherwise apply to the authority.\n\n","sortOrder":156},{"sectionNumber":"106","sectionType":"section","heading":"Responsible Minister may direct div 9.6 authority to sell","content":"106 Responsible Minister may direct div 9.6 authority to sell\nor transfer assets\n(1) The responsible Minister for a division 9.6 authority may direct the\nauthority to sell or transfer a stated asset of, or held by, the authority.\n(2) The direction may also impose on the division 9.6 authority\nrequirements to assist or regulate, or otherwise in relation to, the sale\nor transfer.\nExamples of other requirements\n1 that a sale or transfer must be to a stated entity\n2 that a sale or transfer must be finished before a stated time\n3 that a sale or transfer must be undertaken in a stated way\n4 that an asset must be sold for a price within a stated price-range\n5 that an asset must be marketed, and the sale undertaken, through a stated agent\n(3) The division 9.6 authority must comply with the direction.\n(4) A direction under subsection (1) is a notifiable instrument.\n(5) To remove any doubt, this section is additional to, and does not limit,\n","sortOrder":157},{"sectionNumber":"107","sectionType":"section","heading":"Transfer of assets by declaration—div 9.6 authorities","content":"107 Transfer of assets by declaration—div 9.6 authorities\n(1) The responsible Minister for a division 9.6 authority may make 1 or\nmore of the following declarations (a transfer declaration) in relation\nto an asset of, or held by, the authority:\n(a) a declaration that the stated asset vests in a stated entity at a\nstated time without a conveyance, transfer or assignment;\n(b) a declaration that a stated instrument relating to the asset\ncontinues to have effect after the asset vests in a stated entity as\nif a reference in the instrument to the authority were a reference\nto the entity;\n\n(c) a declaration that a stated entity becomes the authority’s\nsuccessor in law in relation to the asset after the asset vests in\nthe entity.\n(2) A transfer declaration has effect in accordance with its terms.\n(3) A transfer declaration is a notifiable instrument.\n(4) To remove any doubt, the making of a transfer declaration in relation\nto an asset of, or held by, a division 9.6 authority does not prevent the\nauthority from transferring assets not dealt with in the declaration\notherwise than in accordance with the declaration.\n(5) To remove any doubt, this section is additional to, and does not limit,\n","sortOrder":158},{"sectionNumber":"108","sectionType":"section","heading":"Transfer of contractual rights and liabilities by","content":"108 Transfer of contractual rights and liabilities by\ndeclaration—div 9.6 authorities\n(1) The responsible Minister for a division 9.6 authority may declare that\nthe authority’s rights and liabilities under a stated contract to which\nthe authority is party—\n(a) stop being the rights and liabilities of the authority at a stated\ntime; and\n(b) become rights and liabilities of a stated entity at that time.\n(2) The responsible Minister for a division 9.6 authority may declare that\na stated contract continues to have effect after a stated time as if a\nreference in the contract were a reference to a stated entity.\n(3) The responsible Minister for a division 9.6 authority may declare that\na stated instrument relating to a stated contract continues to have\neffect after the authority’s rights and liabilities under the contract\nbecome rights and liabilities of a stated entity as if a reference in the\ninstrument to the authority were a reference to the entity.\n\n(4) The responsible Minister for a division 9.6 authority may declare that\na stated person becomes the authority’s successor in law, in relation\nto the authority’s rights and liabilities under a stated contract,\nimmediately after the authority’s rights and liabilities under the\ncontract become rights and liabilities of the entity.\n(5) A declaration under this section has effect according to its terms.\n(6) A declaration under this section is a notifiable instrument.\n(7) To remove any doubt, this section is additional to, and does not limit,\n","sortOrder":159},{"sectionNumber":"109","sectionType":"section","heading":"Transfer of liabilities by declaration—div 9.6 authorities","content":"109 Transfer of liabilities by declaration—div 9.6 authorities\n(1) The responsible Minister for a division 9.6 authority may make 1 or\nmore of the following declarations in relation to a liability of the\nauthority:\n(a) a declaration that a stated liability stops being a liability of the\nauthority and becomes a liability of a stated entity at a stated\ntime;\n(b) a declaration that a stated instrument relating to a stated liability\ncontinues to have effect after the liability becomes a liability of\na stated entity as if a reference in the instrument to the authority\nwere a reference to the entity;\n(c) a declaration that a stated entity becomes the authority’s\nsuccessor in law in relation to a stated liability immediately after\nthe liability becomes a liability of the entity.\n(2) A declaration under subsection (1) has effect in accordance with its\nterms.\n(3) A declaration under subsection (1) is a notifiable instrument.\n(4) To remove any doubt, this section is additional to, and does not limit\n\n","sortOrder":160},{"sectionNumber":"110","sectionType":"section","heading":"Assistance given by authorities for div 9.6","content":"110 Assistance given by authorities for div 9.6\n(1) A division 9.6 authority may, on the authority’s own initiative, give\nthe Territory assistance in relation to the transfer of the authority’s\nassets.\nExamples of forms of assistance\n1 giving information\n2 giving financial assistance\n3 giving a financial benefit to an entity\n4 giving facilities, information and other assistance in relation to the conduct of\na due diligence procedure or market briefing\n5 entering into an agreement with the Territory\n(2) A division 9.6 authority must, if asked in writing by the responsible\nMinister for the authority, assist the Territory in relation to the\n(3) If a division 9.6 authority must give assistance under subsection (2),\nthe assistance must be given within the period, and in the way, stated\nin the request.\n(4) To remove any doubt, a division 9.6 authority that gives assistance\nunder this section does not incur civil liability only because of the\ngiving of assistance.\n(5) Any liability that would, apart from this section, attach to the\ndivision 9.6 authority attaches instead to the Territory.\n\n","sortOrder":161},{"sectionNumber":"111","sectionType":"section","heading":"Assistance given by governing board members for div 9.6","content":"111 Assistance given by governing board members for div 9.6\n(1) The governing board, or a member of the governing board, of a\ndivision 9.6 authority may, on the board’s or member’s own initiative,\ngive the Territory assistance in relation to the transfer of the\nauthority’s assets.\nExamples of forms of assistance\n1 giving information\n2 giving financial assistance\n3 giving a financial benefit to an entity\n4 giving facilities, information and other assistance in relation to the conduct of\na due diligence procedure or market briefing\n5 entering into an agreement with the Territory\n(2) The governing board, or a member of the governing board, of a\ndivision 9.6 authority must, if asked in writing by the responsible\nMinister for the authority, assist the Territory in relation to the\n(3) If the governing board, or a member of the governing board, of a\ndivision 9.6 authority must give assistance under subsection (2), the\nassistance must be given within the period, and in the way, stated in\nthe request.\n(4) To remove any doubt, a governing board or a member of a governing\nboard who gives assistance under this section does not incur civil\nliability only because of the giving of assistance.\n(5) Any liability that would, apart from this section, attach to the\nmembers or member of the governing board attaches instead to the\n\n","sortOrder":162},{"sectionNumber":"112","sectionType":"section","heading":"Use of information by Territory and div 9.6 authorities","content":"112 Use of information by Territory and div 9.6 authorities\n(1) This section applies to information provided under section 110\n(Assistance given by authorities for div 9.6) or section 111\n(Assistance given by governing board members for div 9.6) in\nrelation to a division 9.6 authority.\n(2) The Territory, the division 9.6 authority or an associated person may\nuse the information for a purpose related to, or consequent on, the\n(3) The Territory, the territory authority or an associated person may give\nthe information to someone else for a purpose related to, or\nconsequent on, the transfer of the authority’s assets.\n(4) If a person gives information or uses information under this section—\n(a) the giving of the information is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the person does not incur civil liability only because of the\ngiving or using of the information.\nassociated person—each of the following is an associated person in\nrelation to a division 9.6 authority:\n(a) the responsible Minister for the authority;\n(b) a public employee;\n(c) a person who exercises a function for the Territory in relation to\nthe transfer of the authority’s assets;\n\n(d) a member of the governing board of the territory authority;\n(e) an officer or employee of the authority;\n(f) a person who exercises a function for the authority in relation to\nthe authority’s assets.\n","sortOrder":163},{"sectionNumber":"113","sectionType":"section","heading":"Contracts relating to the protection of information—","content":"113 Contracts relating to the protection of information—\nresponsible Minister for div 9.6 authority\n(1) The responsible Minister for a division 9.6 authority may, on behalf\nof the Territory, enter into a contract with an entity relating to the\nprotection of information if—\n(a) the information is provided under section 110 (Assistance given\nby authorities for div 9.6) or section 111 (Assistance given by\ngoverning board members for div 9.6); and\n(b) publication of the information might be expected to substantially\nprejudice the entity’s commercial interests.\n(2) To remove any doubt, subsection (1) does not limit the power of the\nTerritory to enter into contracts.\n","sortOrder":164},{"sectionNumber":"114","sectionType":"section","heading":"Contracts relating to the protection of information—","content":"114 Contracts relating to the protection of information—\ndiv 9.6 authority\n(1) A division 9.6 authority may enter into a contract with an entity\nrelating to the protection of information if—\n(a) the information is provided under section 110 (Assistance given\nby authorities for div 9.6) or section 111 (Assistance given by\ngoverning board members for div 9.6); and\n(b) publication of the information might be expected to substantially\nprejudice the entity’s commercial interests.\n(2) To remove any doubt, subsection (1) does not limit the power of the\ndivision 9.6 authority to enter into contracts.\n\n","sortOrder":165},{"sectionNumber":"115","sectionType":"section","heading":"Transfer of pending proceedings—div 9.6 authorities","content":"115 Transfer of pending proceedings—div 9.6 authorities\n(a) an entity (the successor) becomes the successor in law of\nsomeone else (the original entity) at a particular time (the\nhandover time) in relation to a particular asset, right or liability\nbecause of a declaration made by a Minister under this division;\nand\n(b) a proceeding to which the original entity was a party was\npending in a court or other entity immediately before the\nhandover time; and\n(c) the proceeding related, completely or partly, to the asset, right\nor liability.\n(2) The successor is, by force of this subsection, substituted for the\noriginal entity as a party to the proceeding to the extent to which the\nproceeding relates to the asset, right or liability.\n(3) The court or other entity in which, or before which, a proceeding has\nbeen continued under this section may give directions about the\nproceeding.\n(4) However, subsection (2) does not apply if the responsible Minister\nfor the original entity determines otherwise.\n(5) A determination under subsection (4) is a notifiable instrument.\n\n","sortOrder":166},{"sectionNumber":"116","sectionType":"section","heading":"Proceedings and evidence—div 9.6 authorities","content":"116 Proceedings and evidence—div 9.6 authorities\n(1) This section applies if an entity (the successor) becomes the\nsuccessor in law of someone else (the original entity) at a particular\ntime (the handover time) in relation to a particular asset, right or\nliability because of a declaration made by a Minister under this\ndivision.\n(2) A proceeding for a cause of action may be brought against the\nsuccessor in relation to the asset, right or liability if, before handover\ntime—\n(a) the cause of action had accrued against the original entity in\nrelation to the asset, right or liability; and\n(b) a proceeding had not started in relation to the cause of action;\nand\n(c) the limitation period for the cause of action had not ended.\n(3) The Limitation Act 1985, part 3 (Postponement of bar) applies to the\nstarting of a proceeding that may be brought by or against the\nsuccessor under this section as if the cause of action had been accrued\nby, or had accrued against, the successor.\n(4) The court or other entity in which, or before which, a proceeding has\nbeen or may be started under this section may give directions about\nthe proceeding.\n(5) Any evidence that, before handover time, would have been\nadmissible for or against the original entity in relation to the asset,\nright or liability is admissible for or against the successor.\n(6) An order made in a proceeding by or against the original entity in\nrelation to the asset, right or liability before handover time may be\nenforced by or against the successor.\nproceeding includes a proceeding by way of appeal or review\n(including review under the Ombudsman Act 1989).\n\n","sortOrder":167},{"sectionNumber":"117","sectionType":"section","heading":"Operation of div 9.6 not breach of contract etc","content":"117 Operation of div 9.6 not breach of contract etc\nTo remove any doubt, the operation of this division must not be taken\nto—\n(a) place a person in breach of contract or confidence; or\n(b) otherwise make a person guilty of a civil wrong; or\n(c) place a person in breach of, or create a default under, any\nterritory law or provision in an agreement, arrangement or\nunderstanding, including, for example, a contractual provision\nprohibiting, restricting or regulating the following:\n(i) the assignment or transfer of an asset, right or liability;\n(ii) the disclosure of information; or\n(d) release a surety from any of surety’s liabilities in relation to a\nliability that is transferred under a declaration made by a\nMinister under this division; or\n(e) fulfil a condition that—\n(i) allows an entity to terminate an agreement or liability; or\n(ii) alters the operation or effect of an agreement; or\n(iii) requires an amount to be paid before its stated maturity.\n\n","sortOrder":168},{"sectionNumber":"118","sectionType":"section","heading":"Transfer of assets etc not otherwise disposed of—div 9.6","content":"118 Transfer of assets etc not otherwise disposed of—div 9.6\n(1) This section applies in relation to an asset, right or liability of a\ndivision 9.6 authority if—\n(a) the authority ceases to exist; and\n(b) apart from this section, division 9.7 would not apply in relation\nto the authority; and\n(c) the asset, right or liability has not been disposed of after the\nauthority ceases to exist.\n(2) Division 9.7 applies in relation to the division 9.6 authority as if it\nwere a division 9.7 authority, but only in relation to the asset, right or\nliability that has not been disposed of.\n","sortOrder":169},{"sectionNumber":"119","sectionType":"section","heading":"Annual reports etc for div 9.6 authorities","content":"119 Annual reports etc for div 9.6 authorities\ndivision 9.6 authority means a division 9.6 authority that has ceased\nto exist and is not also a division 9.7 authority.\nfinancial year––see the Annual Reports (Government Agencies)\nAct 2004, section 6 (3).\nhandover day, in relation to a division 9.6 authority, means the day\nthe authority ceases to exist.\nrelevant financial year, for a division 9.6 authority, means a financial\n(a) beginning before the handover day for the authority; and\n(b) for which a report had not been presented by the authority under\nthe Annual Reports (Government Agencies) Act 2004, section 7\n(Public sector body annual report) before the handover day.\n\nresponsible Minister, for a division 9.6 authority, means the Minister\nwho was the responsible Minister for the authority immediately\nbefore it ceased to exist.\n(2) The responsible Minister for a division 9.6 authority must present an\nannual report for the authority for each relevant financial year.\n(3) An annual report under subsection (2) must include anything that the\nannual report would have been required to include before handover\nday for the division 9.6 authority.\n(4) The applied provisions of part 8 (Financial provisions for territory\nauthorities) apply in relation to a division 9.6 authority in relation to\nany period before the handover day as if—\n(a) the authority had not ceased to exist; and\n(b) a reference in section 63 and section 68 to the authority included\na reference to the responsible Minister for the authority; and\n(c) a reference in section 64 and section 69 to the relevant person\nfor the authority included a reference to the responsible Minister\nfor the authority; and\n(d) a reference in section 65 and section 70 to the chief executive\nofficer of the authority included a reference to the responsible\nMinister for the authority; and\n(e) all other necessary changes were made; and\n(f) any changes prescribed by regulation were made.\n(5) For subsection (4), the applied provisions of part 8 are the following:\n• section 63 (Annual financial statements of territory authorities)\n• section 64 (Responsibility for annual financial statements of\nterritory authorities)\n• section 65 (Audit of annual financial statements of territory\nauthorities)\n\n• section 66 (Annual financial statements of territory authorities to\nbe included in annual reports etc)\n• section 68 (Statements of performance of territory authorities)\n• section 69 (Responsibility for territory authority statements of\n• section 70 (Scrutiny of territory authority statements of\n• section 71 (Territory authority statements of performance to be\nincluded in annual reports).\nDivision 9.7 Additional provisions for\nrestructuring of certain territory\n","sortOrder":170},{"sectionNumber":"120","sectionType":"section","heading":"What territory authorities does div 9.7 apply to?","content":"120 What territory authorities does div 9.7 apply to?\n(1) This division applies to a territory authority if the authority is\nprescribed by regulation for this division.\nNote This division also applies in relation to territory authorities in relation to\ncertain assets, rights and liabilities (see s 118).\n(2) A reference in this division to a division 9.7 authority is a reference\nto a territory authority to which this division applies.\n(3) To remove any doubt, a regulation may prescribe a territory authority\nfor this division whether or not this part would otherwise apply to the\n","sortOrder":171},{"sectionNumber":"121","sectionType":"section","heading":"Definitions—div 9.7","content":"121 Definitions—div 9.7\nIn this division:\nhandover day, in relation to a division 9.7 authority, means the day\nthe authority ceases to exist.\nterritory authority includes a territory authority that has ceased to\nexist.\n\nAdditional provisions for restructuring of certain territory authorities Division 9.7\n","sortOrder":172},{"sectionNumber":"122","sectionType":"section","heading":"Vesting of assets, rights and liabilities—div 9.7","content":"122 Vesting of assets, rights and liabilities—div 9.7\n(1) All assets, rights and liabilities of a division 9.7 authority\nimmediately before handover day vest in the Territory on handover\nday.\n(2) To remove any doubt, all records of the territory authority, including\napplications made to the authority, become the records of the\nTerritory on handover day.\n","sortOrder":173},{"sectionNumber":"123","sectionType":"section","heading":"Proceedings and evidence—div 9.7 authorities","content":"123 Proceedings and evidence—div 9.7 authorities\n(1) For a proceeding started before handover day and to which a\ndivision 9.7 authority is a party, the Territory is substituted as a party\non the handover day.\n(2) A proceeding for a cause of action in relation to a division 9.7\nauthority may be brought against the Territory if, before handover\nday—\n(a) the cause of action had accrued against the authority; and\n(b) a proceeding had not started in relation to the cause of action;\nand\n(c) the limitation period for the cause of action had not ended.\n(3) The Limitation Act 1985, part 3 (Postponement of bar) applies to the\nstarting of a proceeding that may be brought by or against the\nTerritory under this section as if the cause of action had been accrued\nby, or had accrued against, the Territory.\n(4) The court or other entity in which, or before which, a proceeding may\nbe or has been started or continued under this section may give\ndirections about the proceeding.\n(5) Any evidence that would, before a division 9.7 authority ceased to\nexist, have been admissible for or against the authority is admissible\nfor or against the Territory.\n\n(6) An order made in a proceeding by or against a division 9.7 authority\nbefore the handover day may, after the handover day, be enforced by\nor against the Territory.\nproceeding includes a proceeding by way of appeal or review\n(including review under the Ombudsman Act 1989).\n","sortOrder":174},{"sectionNumber":"124","sectionType":"section","heading":"Annual reports and financial statements for div 9.7","content":"124 Annual reports and financial statements for div 9.7\ndivision 9.7 authority means a division 9.7 authority that has ceased\nto exist.\nfinancial year––see the Annual Reports (Government Agencies)\nAct 2004, section 6 (3).\nrelevant financial year, for a division 9.7 authority, means a financial\n(a) beginning before the handover day for the authority; and\n(b) for which a report had not been presented by the authority under\nthe Annual Reports (Government Agencies) Act 2004, section 6\n(Annual report of public authority) before the handover day.\nresponsible Minister, for a division 9.7 authority, means the Minister\nwho was the responsible Minister for the authority immediately\nbefore it ceased to exist.\n(2) The responsible Minister for a division 9.7 authority must present an\nannual report for the authority for each relevant financial year.\n(3) An annual report under subsection (2) must include anything that the\nannual report would have been required to include before handover\nday for the division 9.7 authority.\n\nAdditional provisions for restructuring of certain territory authorities Division 9.7\n(4) The applied provisions of part 8 (Financial provisions for territory\nauthorities) apply in relation to a division 9.7 authority in relation to\nany period before the handover day as if—\n(a) the authority had not ceased to exist; and\n(b) a reference in section 63 and section 68 to the authority included\na reference to the responsible Minister for the authority; and\n(c) a reference in section 64 and section 69 to the relevant person\nfor the authority included a reference to the responsible Minister\nfor the authority; and\n(d) a reference in section 65 and section 70 to the chief executive\nofficer of the authority included a reference to the responsible\nMinister for the authority; and\n(e) all other necessary changes were made; and\n(f) any changes prescribed by regulation were made.\n(5) For subsection (4), the applied provisions of part 8 are the following:\n• section 63 (Annual financial statements of territory authorities)\n• section 64 (Responsibility for annual financial statements of\nterritory authorities)\n• section 65 (Audit of annual financial statements of territory\nauthorities)\n• section 66 (Annual financial statements of territory authorities to\nbe included in annual reports etc)\n• section 68 (Statements of performance of territory authorities)\n• section 69 (Responsibility for territory authority statements of\n• section 70 (Scrutiny of territory authority statements of\n• section 71 (Territory authority statements of performance to be\nincluded in annual reports).\n\n","sortOrder":175},{"sectionNumber":"125","sectionType":"section","heading":"References to div 9.7 authority","content":"125 References to div 9.7 authority\nIn any contract, agreement or arrangement, a reference to a\ndivision 9.7 authority is, for the application of the contract, agreement\nor arrangement on or after the handover day, a reference to the\n\nInsourcing framework Part 9A\n","sortOrder":176},{"sectionNumber":"126","sectionType":"section","heading":"Meaning of public sector entity—pt 9A","content":"126 Meaning of public sector entity—pt 9A\n(1) In this part:\npublic sector entity means any of the following:\n(a) a directorate;\n(b) a body established under an Act;\n(c) an officer of the Assembly;\n(d) the Office of the Legislative Assembly;\n(e) an entity prescribed by regulation.\n(2) However, a public sector entity does not include—\n(a) a territory-owned corporation; or\n(b) a subsidiary of a territory-owned corporation; or\n(c) an entity prescribed by regulation.\n","sortOrder":177},{"sectionNumber":"127","sectionType":"section","heading":"Responsible chief executive officer to ensure compliance","content":"127 Responsible chief executive officer to ensure compliance\nwith this part\n(1) The responsible chief executive officer for a public sector entity must\nensure that the entity complies with this part.\nresponsible chief executive officer means—\n(a) for a directorate—the responsible director-general; and\n(b) for a body established under an Act—the person responsible for\nmanaging the affairs of the body; and\n(c) for an officer of the Assembly—the officer; and\n\n(d) for the Office of the Legislative Assembly—the clerk of the\nLegislative Assembly; and\n(e) for an entity prescribed by regulation—the person responsible\nfor managing the affairs of the entity.\n","sortOrder":178},{"sectionNumber":"128","sectionType":"section","heading":"Insourcing framework","content":"128 Insourcing framework\n(1) The Chief Minister must determine a framework (the insourcing\nframework) for evaluating whether services or works required by a\npublic sector entity should be provided by a public sector entity or an\nexternal provider.\n(2) For section 129 (1) (b), the insourcing framework may provide for\nhow the likely cost of services or works is worked out.\n(3) A determination is a disallowable instrument.\n","sortOrder":179},{"sectionNumber":"129","sectionType":"section","heading":"Insourcing evaluation for services or works","content":"129 Insourcing evaluation for services or works\n(a) a public sector entity requires services or works; and\n(b) if a regulation prescribes an amount for this paragraph—the\nlikely cost of the services or works is equal to or greater than the\namount.\n(2) However, this section does not apply to services or works provided\nby the Commonwealth or a State, or an entity of the Commonwealth\nor a State.\nExample\nservices or works provided by the entity known as the Office of the Commonwealth\nOmbudsman (see Ombudsman Act 1976 (Cwlth), s 4A)\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n\nInsourcing framework Part 9A\n(3) The public sector entity must evaluate whether the required services\nor works should be provided by a public sector entity or an external\nprovider in accordance with the insourcing framework.\ninsourcing framework—see section 128 (1).\n\n","sortOrder":180},{"sectionNumber":"130","sectionType":"section","heading":"Act of grace payments","content":"130 Act of grace payments\n(1) If the Treasurer considers it appropriate to do so because of special\ncircumstances, the Treasurer may authorise the payment by a\ndirectorate or territory authority of an amount to a person (the payee)\nalthough the payment of that amount (the relevant amount) would\nnot otherwise be authorised by law or required to meet a legal\nliability.\n(2) The authorisation may provide for the relevant amount to be paid\nby—\n(a) more than 1 instalment and on the dates specified in the\nauthorisation; or\n(b) periodical payments of an amount, and for the period, specified\nin the authorisation.\n(3) An authorisation may be expressed to be subject to conditions to be\ncomplied with by the payee.\n(4) If a condition is contravened, the Treasurer may by written notice\naddressed to the last-known address of the payee require the payee,\nwithin 30 days of receipt of the notice, to pay an amount equal to all\nor part of the relevant amount.\n(5) If the payee does not pay the amount specified in the notice under\nsubsection (4), the amount may be recovered by the Territory as a\ndebt.\n(6) If the payment of an amount by a directorate or territory authority is\nauthorised under this section, the Treasurer must—\n(a) direct that the amount be paid from an existing appropriation for\nthe directorate or territory authority stated by the Treasurer; or\n(b) authorise payment of the amount under section 18 (Treasurer’s\nadvance); or\n\nMiscellaneous Part 10\n(c) authorise payment of the amount by appropriation to the\nrelevant directorate or territory authority.\n(7) The public money of the Territory is appropriated for\nsubsection (6) (c).\n(8) A payment made by a directorate or territory authority under this\nsection must be reported in notes to the financial statements of the\ndirectorate or territory authority that relate to the financial year when\nthe payment was made.\n(9) The notes must indicate in relation to each payment under this section\nthe amount and grounds for the payment.\n(10) The notes relating to a payment under this section must not disclose\nthe identity of the payee unless disclosure was agreed to by the payee\nas a condition of authorising the payment.\n","sortOrder":181},{"sectionNumber":"131","sectionType":"section","heading":"Waiver of debts etc","content":"131 Waiver of debts etc\n(1) The Treasurer may, in writing, on behalf of the Territory—\n(a) waive the Territory’s right to payment of an amount payable to\nthe Territory; or\n(b) postpone any right of the Territory to be paid a debt in priority\nto another debt; or\n(c) allow the payment by instalments of an amount payable to the\nTerritory; or\n(d) defer the time for payment of an amount payable to the\n(2) A waiver relating to an amount payable to the Territory by a person\nmay be expressed to be subject to a condition that the person agrees\nto pay an amount to the Territory in circumstances specified in the\nwaiver.\n\n(3) A waiver relating to an amount payable to the Territory must be\nreported in the notes to the financial statements of the relevant\ndirectorate that relate to the year in which the right to payment was\nwaived.\n","sortOrder":182},{"sectionNumber":"132","sectionType":"section","heading":"Payments in relation to deceased estates","content":"132 Payments in relation to deceased estates\n(1) If, at the time of a person’s death (whether before or after the\ncommencement of this section), the Territory owed an amount to the\nperson, the Treasurer may pay that amount to the person who the\nTreasurer considers should receive the payment.\n(2) In deciding who should be paid, the Treasurer must have regard to—\n(a) the provisions of any will of the deceased person that identify\nthe persons entitled to property under the will; and\n(b) the law relating to the disposition of the property of deceased\npeople.\n(3) Before making a payment to a person, the Treasurer may require the\nperson to produce any documents and other evidence relating to—\n(a) the disposition of the deceased person’s estate; or\n(b) the family of the deceased person and any other people\napparently entitled to share in the estate of the deceased person.\n(4) Subject to subsection (3), the Treasurer may make the payment\nwithout requiring production of probate of the will, or letters of\nadministration of the estate, of the deceased person.\n(5) If a payment is made in relation to an amount owing to a deceased\nperson, the Territory is discharged from any further liability in\nrelation to that amount.\n(6) This section does not relieve the recipient of a payment from liability\nto deal with the money in accordance with law.\n\nMiscellaneous Part 10\n","sortOrder":183},{"sectionNumber":"133","sectionType":"section","heading":"Guideline-making power","content":"133 Guideline-making power\n(1) The Treasurer may make financial management guidelines for this\nAct.\nNote Financial management guidelines may be made in relation to any matter\nthat is required or permitted to be prescribed by the Act, or is necessary\nor convenient to be prescribed for carrying out or giving effect to the Act\n(see Legislation Act, s 44).\n(2) A financial management guideline is a disallowable instrument.\n","sortOrder":184},{"sectionNumber":"134","sectionType":"section","heading":"Regulation-making power","content":"134 Regulation-making power\nThe Executive may make regulations for this Act.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Act\n• administrative unit\n• auditor-general\n• authorised deposit-taking institution\n• bankrupt or personally insolvent\n• director-general (see s 163)\n• electoral commission\n• electoral commissioner\n• exercise\n• found guilty\n• function\n• GST\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• Office of the Legislative Assembly\n• officer of the Assembly\n• person\n• public employee\n• public servant\n• reviewable decision notice\n• Self-Government Act\n• statutory office-holder\n• territory law\n• territory-owned corporation\n\n• Treasurer.\naccounting standards means the accounting standards issued by the\nAustralian Accounting Standards Board, as in force or applicable\nfrom time to time.\nNote Accounting standards are accessible at www.aasb.gov.au.\napplicable governmental policies, for a territory authority, for part 9\n(Governance of territory authorities)—see section 103.\nappropriation means an appropriation of public money by any Act\nincluding this Act.\nAppropriation Act means an Act that makes appropriations in relation\nto a financial year for purposes mentioned in section 8.\nbanking account means an account with an authorised deposit-taking\ninstitution that is, or is substantially the same as, a bank account.\nborrowing includes—\n(a) raising money or obtaining credit, whether by dealing in\nsecurities or otherwise; and\n(b) entering into a financing lease;\nbut does not include using a credit card or overdraft facility, or\notherwise obtaining credit, in a transaction forming part of the\nday-to-day operations of the Territory or a territory authority.\nbudget papers means documents presented to the Legislative\nAssembly under section 10 or section 13 (1).\ncapital injection—\n(a) means an amount provided, or to be provided, to a territory\nentity for—\n(i) the purchase of assets to be held or owned by the territory\n(ii) the development of assets held or owned by the territory\n\n(iii) augmenting the assets held or owned by the territory entity;\nor\n(iv) reducing the liabilities of the territory entity; but\n(b) does not include an amount provided from an appropriation for\na purpose mentioned in section 8 (1) (a), (c) or (2) (a).\ncapital works advance—see section 18E.\nCEO—see chief executive officer.\nchief executive officer (or CEO), of a territory authority, means the\nperson (however described) who is responsible for managing the\naffairs of the authority.\nclass of outputs means a group of related outputs.\ncontract includes an agreement or arrangement, whether or not its\nterm extends for 1 or more years.\ncontrolled recurrent payment means an amount provided, or to be\nprovided, to a territory entity for the delivery of goods and services\nprovided by the territory entity or a person providing goods and\nservices on behalf of the territory entity.\ndirectorate means––\n(a) an administrative unit (excluding any part of an administrative\nunit prescribed for paragraph (b) and any administrative unit\nforming part of a group of administrative units prescribed for\nparagraph (c)); or\n(b) a part of an administrative unit prescribed for this paragraph; or\n(c) a group of 2 or more administrative units prescribed for this\nparagraph.\ndirectorate banking account means a banking account mentioned in\nsection 34 (1).\ndivision 9.6 authority means a territory authority to which\ndivision 9.6 applies (see s 105).\n\ndivision 9.7 authority means a territory authority to which\ndivision 9.7 applies (see s 120).\nestablishing Act, for a territory authority, governing board or\ngoverning board member, for part 9 (Governance of territory\nauthorities)—see section 72.\nexpenses, in relation to an output, means the expenses incurred in\nproviding the output quantified on an accrual accounting basis and\nincludes the overhead expenses properly attributable to the output.\nfinancial management guidelines means the financial management\nguidelines under this Act.\nfinancial year, for a territory authority, for part 9 (Governance of\nterritory authorities)—see section 72.\ngeneral government sector means—\n(a) those organisations whose primary function is to provide\nservices that are mainly not market orientated, are mainly for the\nconsumption of the community generally, involve the transfer\nor redistribution of income, and are financed mainly through\nappropriation; and\n(b) those organisations that are controlled by the Territory and\nprovide investment or other financial services.\ngoverning board, for a territory authority, means the governing board\nestablished under the Act that establishes the authority.\ngoverning board member, for a territory authority with a governing\nboard for part 9 (Governance of territory authorities)—see section 72.\nhandover day, for division 9.7 (Additional provisions for\nrestructuring of certain territory authorities)—see section 121.\ninput tax credit—see the A New Tax System (Goods and Services\nTax) Act 1999 (Cwlth), section 195-1 (Dictionary).\ninvest includes enter into a transaction or arrangement for the\nprotection or enhancement of investments.\n\nmaterial interest, for part 9 (Governance of territory authorities)—\nsee section 88 (4).\nmemorandum of understanding includes a memorandum of\nunderstanding whether or not its term extends for 1 or more years.\noutputs means goods produced or services provided by a directorate\nor territory authority or a person producing goods or providing\nservices on behalf of a directorate or territory authority.\nprescribed means prescribed by the financial management guidelines.\nPSWC fund banking account—see the Public Sector Workers\nCompensation Fund Act 2018, section 9.\npublic money means all money received by the Territory, including\nthe proceeds of all loans raised on behalf of the Territory, but does\nnot include—\n(a) money held by the Territory as trust money; or\n(b) money received by a territory-owned corporation or subsidiary\nof a territory-owned corporation; or\n(c) money received by the Territory from a territory-owned\ncorporation or subsidiary of a territory-owned corporation for\ninvestment for the corporation or subsidiary; or\n(d) money received by a territory authority; or\n(e) money received by the Territory from a territory authority for\ninvestment for the authority; or\n(f) money received by the Territory—\n(i) in repayment of an investment made by the Territory for a\nterritory authority; or\n(ii) as returns on such an investment.\npublic sector entity, for part 9A (Insourcing framework)—see\nsection 126.\n\npublic trading enterprise sector means those organisations whose\nprimary function is to provide goods and services that are mainly\nmarket orientated and non-regulatory in nature and who may recover\na significant part of their costs from individual consumers.\nrelevant Assembly committee, for a provision, means a standing\ncommittee of the Legislative Assembly nominated, in writing, by the\nSpeaker for the provision.\nrelevant territory authority, for part 9 (Governance of territory\nauthorities)—see section 72.\nresponsible director-general, in relation to a directorate, means—\n(a) if the directorate is constituted by an administrative unit or a part\nof an administrative unit—the director-general of that\nadministrative unit; or\n(b) if the directorate is constituted by a group of 2 or more\nadministrative units—the person prescribed as the responsible\ndirector-general in relation to the directorate.\nresponsible Minister means—\n(a) in relation to a directorate that is constituted by an administrative\nunit or a part of an administrative unit—the Minister to whom\nresponsibility for that administrative unit has been allocated\nunder the Public Sector Management Act 1994, section 14; and\n(b) in relation to a directorate that is constituted by a group of 2 or\nmore administrative units—the Minister prescribed as the\nresponsible Minister in relation to the directorate; and\n(c) in relation to a territory authority—the Minister administering\nthe Act under which the authority is established; and\n(d) in relation to a territory-owned corporation—the Minister\nadministering the Territory-owned Corporations Act 1990.\nreturns, in relation to an investment, includes interest, dividends,\ncapital gains, distributions and any other financial return on the\ninvestment.\n\nsecurities includes stocks, debentures, notes, bonds, promissory\nnotes, bills of exchange, and any other securities approved in writing\nby the Treasurer.\nstatement of intent, for a territory authority—see section 61 (1).\nsubsidiary—see the Territory-owned Corporations Act 1990,\ndictionary.\nsuperannuation appropriation—see the Territory Superannuation\nProvision Protection Act 2000, dictionary.\ntaxable supply—see the A New Tax System (Goods and Services Tax)\nAct 1999 (Cwlth), dictionary.\nterritory authority—\n(a) means a body corporate established by an Act; and\n(b) to remove any doubt, includes an entity to which part 8 applies;\nand\n(c) for division 9.7 (Additional provisions for restructuring of\ncertain territory authorities)—includes a territory authority that\nhas ceased to exist; but\n(d) does not include a body declared under section 3B not to be a\nterritory authority.\nterritory banking account means the banking account mentioned in\nsection 33.\nterritory entity means a directorate, territory authority or\nterritory-owned corporation.\nthe Territory, for division 3.1 (Financial reports of the Territory)—\nsee section 21.\nTreasurer’s advance—see section 18.\n\ntrust money means—\n(a) money deposited with the Territory pending the completion of a\ntransaction or the determination of a dispute and that may\nbecome repayable to the depositor or payable to the Territory or\nanyone else; or\n(b) all money that is paid into a territory court for possible\nrepayment to the payee or a third party because of any Act,\norder, instruction or authority; or\n(c) money that belongs to or is owing to any person and is collected\nby the Territory because of an agreement between the Territory\nand that person; or\n(d) unclaimed money that is owing to or belongs to anyone and is\ndeposited with the Territory; or\n(e) money that is paid to the Territory in trust for any other lawful\npurpose including interest on trust money.\nunder treasurer means the person performing the duties of the under\ntreasurer in the public service.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nFinancial Management Act 1996 A1996-22\nnotified 4 June 1996 (Gaz 1996 No 101)\ncommenced 1 July 1996 (s 2)\nas amended by\nFinancial Management (Amendment) Act 1997 A1997-39\nnotified 1 September 1997 (Gaz 1997 No S257)\ncommenced 1 September 1997 (s 2)\nFinancial Management (Amendment) Act (No 2) 1997 A1997-102\nnotified 24 December 1997 (Gaz 1997 No S420)\nss 1-3 commenced 24 December 1997 (s 2 (1))\nremainder commenced 14 January 1998 (s 2 (2) and Gaz 1998\nNo S24)\nFinancial Management (Amendment) Act (No 3) 1997 A1997-124\nnotified 24 December 1997 (Gaz 1997 No S420)\ncommenced 24 December 1997 (s 2)\nTrustee (Amendment) Act 1999 A1999-28 sch\nnotified 21 May 1999 (Gaz 1999 No S24)\nsch commenced 21 May 1999 (s 2)\nFinancial Sector Reform (ACT) Act 1999 A1999-33 sch\nnotified 25 June 1999 (Gaz 1999 No S34)\ns 1, s 2 and dict commenced 25 June 1999 (s 2 (1))\nsch commenced 1 July 1999 (s 2 (2) and Cwlth Gaz 1999 No S289)\nAppropriation Act 1999-2000 A1999-36 s 9\nnotified 12 July 1999 (Gaz 1999 No S44)\ns 9 commenced 12 July 1999 (s 2)\nFinancial Management Amendment Act 1999 A1999-58\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\n\nTerritory Superannuation Provision Protection Act 2000 A2000-21\nsch\nnotified 15 June 2000 (Gaz 2000 No 24)\ns 1, s 2 commenced 15 June 2000 (IA s 10B)\nsch commenced 1 July 2000 (s 2)\nFinancial Management Amendment Act 2000 A2000-27\nnotified 30 June 2000 (Gaz 2000 No S30)\ns 1, s 2 commenced 30 June 2000 (IA s 10B)\nremainder commenced 30 June 2000 (s 2)\nFinancial Management Amendment Act 2001 A2001-4\nnotified 8 March 2001 (Gaz 2001 No 10)\ns 1, s 2 commenced 8 March 2001 (IA s 10B)\ns 3 commenced 8 March 2001 (s 2)\nremainder commenced 8 September 2001 (IA s 10E)\nStatute Law Amendment Act 2001 A2001-11 sch 3\nnotified 29 March 2001 (Gaz 2001 No 13)\ncommenced 29 March 2001 (s 2)\nFinancial Management Amendment Act 2001 (No 2) A2001-42\nnotified 29 June 2001 (Gaz 2001 No S36)\ns 1, s 2 commenced 29 June 2001 (IA s 10B)\ns 3, s 4, s 6, s 7 commenced 29 June 2001 (s 2 (1))\ns 5 commenced 1 July 2001 (s 2 (2))\nAppropriation Act 2001-2002 A2001-43 s 12\nnotified 29 June 2001 (Gaz 2001 No S36)\ns 1, s 2 commenced 29 June 2001 (IA s 10B)\ns 12 commenced 1 July 2001 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 146\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 146 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\n\nFinancial Management Legislation Amendment Act 2001 A2001-45\npt 2 (as am by 2002 No 30 pt 3.26)\nnotified 12 July 2001 (Gaz 2001 No 28)\ns 1, s 2 commenced 12 July 2001 (IA s 10B)\ns 4 commenced 12 January 2002 (s 2 (3) and see A2002-30\namdt 3.370)\npt 2 remainder commenced 12 January 2002 (LA s 79)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 3.20\nnotified 5 September 2001 (Gaz 2001 No S65)\npt 3.20 commenced 5 September 2001 (s 2)\nFinancial Management Amendment Act 2001 (No 3) A2001-95\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (LA s 75)\nremainder commenced 1 January 2002 (CN2001-6)\nFinancial Management Amendment Act 2001 (No 4) A2001-97\nnotified LR 20 December 2001\ncommenced 20 December 2001 (s 2)\nAppropriation Act 2002-2003 A2002-29 s 12\nnotified LR 9 September 2002\ntaken to have commenced 30 June 2002 (s 2)\nStatute Law Amendment Act 2002 A2002-30 pt 3.25\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\namdt 3.369 taken to have commenced 31 December 2001 (s 2 (2))\npt 3.25 remainder commenced 17 September 2002 (s 2 (1))\nFinancial Management Amendment Act 2002 A2002-38\nnotified LR 8 October 2002\ns 1, s 2 commenced 8 October 2002 (LA s 75 (1))\nremainder commenced 1 November 2002 (s 2 and CN2002-12)\nAppropriation Act 2002-2003 (No 2) A2003-9 s 9\nnotified LR 7 March 2003\ns 1, s 2 commenced 7 March 2003 (LA s 75 (1))\ns 9 commenced 8 March 2003 (s 2)\n\nFinancial Management Amendment Act 2003 A2003-21\nnotified LR 19 May 2003\ns 1, s 2 commenced 19 May 2003 (LA s 75 (1))\nremainder commenced 20 May 2003 (s 2)\nAppropriation Act 2003-2004 A2003-27\nnotified LR 30 June 2003\ncommenced 30 June 2003 (s 2)\nFinancial Management Amendment Act 2003 (No 2) A2003-46\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\nremainder commenced 1 November 2003 (s 2)\nStatute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.9\nnotified LR 5 December 2003\ns 1, s 2 commenced 5 December 2003 (LA s 75 (1))\nsch 3 pt 3.9 commenced 19 December 2003 (s 2)\nFinancial Management Amendment Act 2004 A2004-19\nnotified LR 6 April 2004\ns 1, s 2 commenced 6 April 2004 (LA s 75 (1))\nremainder commenced 7 April 2004 (s 2)\nFinancial Management Amendment Act 2004 (No 2) A2004-33\nnotified LR 30 June 2004\ns 1, s 2 commenced 30 June 2004 (LA s 75 (1))\nremainder commenced 1 July 2004 (s 2)\nAppropriation Act 2004-2005 A2004-35 s 12\nnotified LR 30 June 2004\ncommenced 30 June 2004 (s 2)\nTerritory Owned Corporations Amendment Act 2004 A2004-53 sch 1\nnotified LR 16 August 2004\ns 1, s 2 commenced 16 August 2004 (LA s 75 (1))\nsch 1 commenced 17 August 2004 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.22\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.22 commenced 2 June 2005 (s 2 (1))\n\nAppropriation Act 2005-2006 A2005-32 s 12, s 13\nnotified LR 1 July 2005\ns 1, s 2 taken to have commenced 30 June 2005 (LA s 75 (2))\ns 12, s 13 taken to have commenced 30 June 2005 (s 2)\nPublic Sector Management Amendment Act 2005 A2005-42\nsch 1 pt 1.1\nnotified LR 31 August 2005\ns 1, s 2 commenced 31 August 2005 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 September 2005 (s 2)\nFinancial Management Legislation Amendment Act 2005 A2005-52\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\ns 7, s 9, s 10, s 14, s 15, ss 17-32, s 38 (in part), s 39, s 40, s 42 (in\npart), s 49 commenced 27 October 2005 (s 2 (1))\nremainder commenced 1 January 2006 (s 2 (2))\nas modified by\nFinancial Management Regulation 2005 SL2005-42 sch 1 (as am by\nA2006-30 amdt 1.61, amdt 1.62)\nnotified LR 21 December 2005\ns 1, s 2 commenced 21 December 2005 (LA s 75 (1))\nsch 1 commenced 1 January 2006 (s 2)\nas amended by\nAdministrative (Miscellaneous Amendments) Act 2006 A2006-30\nsch 1 pt 1.3, amdt 1.61, amdt 1.62\nnotified LR 16 June 2006\ns 1, s 2 commenced 16 June 2006 (LA s 75 (1))\namdt 1.45, amdt 1.52 so far as it inserts s 220, amdt 1.56 commenced\n19 June 2006 (s 2 (2))\namdt 1.39, amdt 1.40, amdt 1.43, amdt 1.44 commenced 1 July 2006\n(s 2 (2) and CN2006-15)\nsch 1 pt 1.3 remainder, amdt 1.61, amdt 1.62 commenced 1 July 2006\n(s 2 (1))\n\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.45\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.45 commenced 12 April 2007 (s 2 (1))\nFinancial Management Amendment Act 2007 A2007-10\nnotified LR 11 May 2007\ns 1, s 2 commenced 11 May 2007 (LA s 75 (1))\nremainder commenced 12 May 2007 (s 2)\nStatute Law Amendment Act 2008 A2008-28 sch 3 pt 3.26\nnotified LR 12 August 2008\ns 1, s 2 commenced 12 August 2008 (LA s 75 (1))\nsch 3 pt 3.26 commenced 26 August 2008 (s 2)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.41\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.41 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nFinancial Management Amendment Act 2009 A2009-12\nnotified LR 8 April 2009\ns 1, s 2 commenced 8 April 2009 (LA s 75 (1))\nremainder commenced 1 July 2009 (s 2)\nLong Service Leave (Portable Schemes) Act 2009 A2009-25 sch 4\npt 4.1\nnotified LR 8 September 2009\ns 1, s 2 commenced 8 September 2009 (LA s 75 (1))\nsch 4 pt 4.1 commenced 1 January 2010 (s 2)\nFinancial Management (Board Composition) Amendment Act 2009\nA2009-48\nnotified LR 25 November 2009\ns 1, s 2 commenced 25 November 2009 (LA s 75 (1))\nremainder commenced 1 January 2010 (s 2)\n\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.29\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.29 commenced 17 December 2009 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 1 pt 1.7\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 1 pt 1.7 commenced 3 June 2010 (s 2)\nRoad Transport (Third-Party Insurance) (Governance) Amendment\nAct 2010 A2010-36 s 8\nnotified LR 29 September 2010\ns 1, s 2 commenced 29 September 2010 (LA s 75 (1))\ns 8 commenced 30 September 2010 (s 2)\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 3 pt 3.9\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\nsch 3 pt 3.9 commenced 1 January 2011 (s 2 (1))\nACT Teacher Quality Institute Act 2010 A2010-55 sch 2 pt 2.1\nnotified LR 20 December 2010\ns 1, s 2 commenced 20 December 2010 (LA s 75 (1))\nsch 2 pt 2.1 commenced 1 January 2011 (s 2 and CN2010-18)\nFinancial Management (One ACT Public Service) Amendment\nAct 2011 A2011-17\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nremainder commenced 1 July 2011 (s 2)\nFinancial Management (Cost of Living) Amendment Act 2012\nA2012-15\nnotified LR 15 May 2012\ns 1, s 2 commenced 15 May 2012 (LA s 75 (1))\nremainder commenced 16 May 2012 (s 2)\n\nLegislative Assembly (Office of the Legislative Assembly) Act 2012\nA2012-26 sch 1 pt 1.3\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2012 (s 2)\nFinancial Management Amendment Act 2013 A2013-5\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nremainder commenced 22 February 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.21\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.21 commenced 14 June 2013 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2013 A2013-41\nsch 1 pt 1.2\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2014 (s 2)\nOfficers of the Assembly Legislation Amendment Act 2014 A2014-22\npt 3\nnotified LR 26 May 2014\ns 1, s 2 commenced 26 May 2014 (LA s 75 (1))\npt 3 commenced 1 July 2014 (s 2 and see Officers of the Assembly\nLegislation Amendment Act 2013 A2013-41 s 2)\nExhibition Park Corporation Repeal Act 2014 A2014-54 sch 1 pt 1.1\nnotified LR 3 December 2014\ns 1, s 2 commenced 3 December 2014 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 January 2015 (s 2 (3))\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.26\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.26 commenced 14 October 2015 (s 2)\n\nFinancial Management Amendment Act 2015 A2015-34\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nss 4-8, ss 11-20, s 28, s 29, s 49, s 50, s 54, ss 58-60, s 62, s 76,\nss 96-99, ss 102-104, s 113, s 115 (def controlled recurrent\npayment) and sch 1 pt 1.2 commenced 1 July 2016 (s 2 (1))\nremainder commenced 1 October 2015 (s 2 (2))\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.25\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.25 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 1 pt 1.2\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 1 pt 1.2 commenced 9 March 2017 (s 2)\nLegislative Assembly Legislation Amendment Act 2017 A2017-41 pt 4\nnotified LR 13 November 2017\ns 1, s 2 commenced 13 November 2017 (LA s 75 (1))\npt 4 commenced 14 November 2017 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.14\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.14 commenced 22 November 2018 (s 2 (1))\nPublic Sector Workers Compensation Fund Act 2018 A2018-47 sch 1\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\nsch 1 commenced 1 March 2019 (s 2 and CN2019-2)\nFinancial Management Amendment Act 2019 A2019-8\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\nremainder commenced 12 April 2019 (s 2)\n\nStatute Law Amendment Act 2019 A2019-42 sch 1 pt 1.2\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 1 pt 1.2 commenced 14 November 2019 (s 2 (1))\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.7\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.7 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.13\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.13 commenced 14 May 2020 (s 2 (1))\nFinancial Management Amendment Act 2020 A2020-23\nnotified LR 24 June 2020\ns 1, s 2 commenced 24 June 2020 (LA s 75 (1))\nremainder commenced 25 June 2020 (s 2)\nFinancial Management Amendment Act 2021 A2021-22\nnotified LR 21 September 2021\ns 1, s 2 commenced 21 September 2021 (LA s 75 (1))\nremainder commenced 22 September 2021 (s 2)\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.8\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.8 commenced 6 April 2022 (s 2)\nFinancial Management Amendment Act 2023 A2023-32\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\nremainder commenced 7 January 2024 (s 2 and LA s 79)\nFinancial Management Amendment Act 2025 A2025-17\nnotified LR 26 May 2025\ns 1, s 2 commenced 26 May 2025 (LA s 75 (1))\nremainder commenced 2 June 2025 (s 2)\n\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.39, sch 4\npt 4.74\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.39, sch 4 pt 4.74 commenced 16 November 2025 (s 2 (1),\n(9))\n\nName of Act\ns 1 sub A2001-56 amdt 3.255\nAct subject to Territory Superannuation Provision Protection Act\ns 2 sub A2000-21 sch\ns 3 hdg sub A2000-21 sch\ns 3 am A2000-21 sch\nremaining defs reloc to dict A2001-95 amdt 1.4\nsub A2001-95 amdt 1.5\ndef bank om A1999-33 sch\ndef banking institution ins A1997-102 s 4\nom A1999-33 sch\ndef Territory activities ins A1997-124 s 4\nom A2001-95 amdt 1.3\ndef Treasurer om A2001-95 amdt 1.2\nNotes\ns 3A orig s 3A\nrenum as s 3B\npres s 3A\nins A2001-95 amdt 1.5\nDeclaration that certain bodies are not territory authorities for Act\ns 3B (prev s 3A) ins A2000-21 sch\nam A2001-44 amdt 1.1631, amdt 1.1632\nrenum as s 3B A2001-95 amdt 1.6\nsub A2005-52 s 4; A2011-17 s 4\nApplication of pts 2 to 5—Office of the Legislative Assembly and officers of\nthe Assembly\ns 4 am A2011-17 s 13, s 16\nsub A2012-26 amdt 1.11; A2013-41 amdt 1.10\nam A2014-22 s 8, s 9; ss renum R47 LA; A2017-41 s 17\nBudget management\npt 2 hdg sub A2003-46 s 4\nAppropriations and budgets\ndiv 2.1 hdg ins A2003-46 s 4\nAppropriations and budgets—generally\nsdiv 2.1.1 hdg ins A2019-8 s 4\nPayments authorised on lapse of appropriation\ns 7 am A2015-34 s 4; A2020-23 s 4; A2021-22 s 4\n\nTemporary advance for new purpose or new entity\ns 7A ins A2015-34 s 5\nForm of appropriations\ns 8 sub A2005-52 s 5\nam A2011-17 s 16; A2012-26 amdt 1.12; A2013-41 amdt 1.11;\nA2015-34 s 6, s 7\nNet controlled recurrent payments\ns 9 am A2000-27 s 5; A2011-17 s 16\nsub A2015-34 s 8\nNet appropriations for capital injections\ns 9A ins A2000-27 s 6\nam A2011-17 s 16; A2015-34 s 9\nAppropriations for payments on behalf of Territory to be net appropriations\ns 9B ins A2001-95 s 5\nam A2011-17 s 16; A2015-34 s 10\nBudget papers\ns 10 am A1997-124 s 5; A2001-56 amdt 3.257; A2005-52 s 6;\nA2011-17 s 16\nTerritory budgets\ns 11 am A1997-124 s 6; A2001-4 s 4; A2001-56 amdt 3.258;\nA2001-95 s 6\nsub A2003-46 s 5\nam A2005-32 s 12; A2012-15 s 4; A2013-19 amdt 3.157;\nA2015-34 ss 11-14; ss renum R51 LA\nFinancial policy objectives and strategies statement\ns 11A ins A2003-46 s 5\nDirectorate budgets\ns 12 hdg am A2011-17 s 17\ns 12 am A1997-102 s 5; A1997-124 s 7; A1999-58 s 3; A2001-56\namdt 3.258; A2001-95 s 7; ss renum R6 LA (see A2001-95\namdt 1.7); A2002-38 s 4, s 5\nsub A2005-52 s 7\nam A2011-17 s 16; A2012-26 amdt 1.13; A2013-41 amdt 1.12;\nA2015-34 s 15\nTerritory authority budgets\ns 12AA ins A2015-34 s 16\nTerritory-owned corporation budgets\ns 12A hdg sub A2015-34 s 17\ns 12A ins A1997-124 s 8\nam A2001-56 amdt 3.258; A2001-95 s 8\nsub A2005-52 s 8\nam A2015-34 ss 18-20\n\nSupplementary budget papers\ns 13 am A2001-56 amdt 3.259, amdt 3.260\nsub A2001-97 s 4\nam A2005-52 s 9; A2011-17 s 16; A2012-26 amdt 1.14;\nss renum R44 LA; A2015-34 ss 21-23\nAmendment of budgets for supplementary appropriation\ns 13A ins A2003-9 s 9\nsub A2005-52 s 10\nam A2011-17 s 16; A2012-26 amdt 1.15; A2015-34 s 24, s 25\nTransfer of funds between appropriations\ns 14 am A1997-102 s 6; A2000-21 sch; A2001-56 amdt 3.261\nsub A2015-34 s 26\nTransfer of funds from capital injection appropriation to other appropriations\ns 14A ins A2015-34 s 27\nam A2015-34 amdt 1.3; A2025-29 amdt 4.74\nTransfer of funds from other appropriations to capital injection appropriation\ns 14B ins A2015-34 s 27\nam A2015-34 amdts 1.4-1.6\nTransfer of funds within appropriations\ns 15 am A1997-102 s 7; A2001-56 amdt 3.262\nom A2015-34 s 28\nReclassification of certain appropriations\ns 15A ins A1997-102 s 8; A2001-56 amdt 3.263\nam A2011-17 s 16; A2015-34 s 29, s 30\nTransfer of functions to another entity\ns 16 hdg sub A2015-34 s 31\ns 16 am A2000-21 sch; A2001-56 amdt 3.263\nsub A2005-52 s 11\nam A2011-17 s 16; A2015-34 ss 32-35\nAppropriation for accrued employee entitlements\ns 16A ins A2003-21 s 4\nom A2004-19 s 4\nins A2007-10 s 4\nam A2011-17 s 16; A2015-34 ss 36-38\nRollover of undisbursed appropriation\ns 16B hdg sub A2015-34 s 39\ns 16B ins A2007-10 s 4\nam A2015-34 ss 40-44\nVariation of appropriations for Commonwealth grants\ns 17 am A1997-102 s 9; A2001-56 amdt 3.264, amdt 3.265;\nA2002-38 s 6; A2015-34 s 45\n\nVariations of appropriations for certain payments to Commonwealth\ns 17A ins A1999-36 s 9\nam A2000-27 s 7; A2001-43 s 12; A2001-56 amdt 3.266,\namdt 3.267; A2003-27 s 12; A2004-35 s 12; A2005-32 s 13;\nA2015-34 s 46\nTreasurer’s advances\nsdiv 2.1.2 hdg ins A2019-8 s 5\nTreasurer’s advance\ns 18 am A2001-56 amdt 3.268; A2001-97 s 5, s 6; ss renum R4 LA\nsub A2004-33 s 4\nam A2005-20 amdt 3.153; A2012-26 amdt 1.16; A2014-22\ns 10, s 11; ss renum R47 LA\nsub A2015-34 s 47\nam A2020-11 amdt 1.33; A2021-22 s 5; A2022-4 amdt 1.22\nTreasurer’s advance—payment pending supplementary appropriation\ns 18A ins A1997-102 s 10\nam A2001-56 amdt 3.269\nom A2002-38 s 7\nins A2004-33 s 4\nsub A2015-34 s 47\nTreasurer’s advance—reduction of amounts\ns 18B ins A2015-34 s 47\nAssembly to be told about Treasurer’s advance\ns 18C ins A2015-34 s 47\nam A2015-34 amdt 1.7; pars renum R51 LA; A2025-17 s 4,\ns 5; ss renum R66 LA\nCapital works reserve\nsdiv 2.1.3 hdg ins A2019-8 s 6\nCapital works reserve—appropriation\ns 18D ins A2019-8 s 6\nCapital works reserve—authorising payments from reserve\ns 18E ins A2019-8 s 6\nCapital works reserve—reducing partially unused payments\ns 18F ins A2019-8 s 6\nCapital works reserve—Treasurer must notify Assembly\ns 18G ins A2019-8 s 6\nam A2025-17 s 6, s 7; ss renum R66 LA\nAppropriations and budgets—other matters\nsdiv 2.1.4 hdg ins A2019-8 s 6\n\nPayments for Territory GST liabilities\ns 19A ins A1997-39 s 4\nsub A2000-27 s 8\nPayments for Territory GST administration costs\ns 19AA ins A2009-12 s 4\nAuthorisation of expenditure of certain Commonwealth grants\ns 19B ins A1997-102 s 11\nam A2001-56 amdt 3.269\nsub A2015-34 s 48\nAmendment of capital injection conditions\ns 19C ins A2002-38 s 8\nsub A2005-52 s 12\nam A2011-17 s 16; A2013-19 amdt 3.162; A2015-34 s 49;\nA2025-29 amdt 4.74\nAmendment of performance criteria\ns 19D ins A2002-38 s 8\nsub A2005-52 s 13\nam A2011-17 s 16; A2013-5 ss 4-6; A2015-34 ss 50-62,\namdt 1.8; pars renum R51 LA; A2025-29 amdt 4.74\nAmendment of financial targets\ns 19E ins A2002-38 s 8\nom A2005-52 s 14\nAmendment of budgets\ns 19F ins A2004-19 s 5\nam A2004-33 s 5\nom A2005-52 s 15\nRecommended appropriation for Office of the Legislative Assembly\ns 20 am A2003-21 s 5\nsub A2012-26 amdt 1.17\nam A2022-4 amdt 1.23\nAppropriation for Office of the Legislative Assembly\ns 20AA ins A2012-26 amdt 1.17\nRecommended appropriation for officers of the Assembly\ns 20AB ins A2013-41 amdt 1.13\nam A2022-4 amdt 1.24\nAppropriation for officers of the Assembly\ns 20AC ins A2013-41 amdt 1.13\nBudget reviews and pre-election updates\ndiv 2.2 hdg ins A2003-46 s 6\n\nBudget review\ns 20A ins A2003-46 s 6\nPurpose and contents of budget review\ns 20B ins A2003-46 s 6\nPre-election budget update\ns 20C ins A2003-46 s 6\nam A2011-17 s 13; A2015-34 s 63; A2025-29 amdt 4.74\nPurpose and contents of pre-election budget update\ns 20D ins A2003-46 s 6\nam A2005-52 s 16\nFinancial reports of the Territory\ndiv 3.1 hdg (prev pt 3 div 1 hdg) renum R3 LA (see A2001-95 amdt 1.11)\nMeaning of the Territory in div 3.1\ns 21 hdg am R3 LA\nAnnual financial statements of the Territory\ns 22 am A2001-95 s 9; A2005-52 s 17; A2015-34 s 64;\nResponsibility for annual financial statements\ns 23 am A2005-52 s 18; A2011-17 s 13\nsub A2015-34 s 65\nam A2017-4 amdt 1.13\nAudit of annual financial statements\ns 24 am A2002-38 s 9, amdt 1.1; A2003-46 s 7; A2005-52\nss 19-21; A2015-34 s 66, s 67; A2020-14 amdt 1.64;\nA2021-22 s 6; ss renum R63 LA\nPresentation of annual financial statements to Legislative Assembly\ns 25 hdg sub A2002-38 amdt 1.2\ns 25 am A2001-56 amdt 3.270; A2003-46 s 8, s 9\nQuarterly departmental performance reports\ns 25A reloc to s 30A\nPeriodic financial statements\ns 26 am A1997-124 s 10; A2001-42 s 4\n(6), (7) exp 30 June 2001 (s 26 (7))\nsub A2001-42 s 5; A2001-95 s 11\nam A2015-34 s 68, amdt 1.9; A2019-8 s 7; A2020-14\namdts 1.65-1.67; ss renum R61 LA\nFinancial reports and performance statements of directorates\ndiv 3.2 hdg (prev pt 3 div 2 hdg) renum R3 LA (see A2001-95 amdt 1.11)\nsub A2005-52 s 22\nam A2011-17 s 18\n\nAnnual financial statements of directorates\ns 27 hdg am A2011-17 s 18\ns 27 am A2001-56 amdt 3.272; A2001-95 s 12; A2002-38 ss 10-13;\npars renum R10 LA (see A2002-38 amdt 1.5); A2005-52\nss 23-26; A2011-17 s 16, s 17; A2017-4 amdt 1.13\nResponsibility for annual financial statements of directorates\ns 28 hdg sub A2002-38 amdt 1.6\nam A2011-17 s 18\ns 28 sub A2005-52 s 27\nam A2011-17 s 13, s 15, s 16\nsub A2015-34 s 69\nAudit of financial statements of directorates\ns 29 hdg am A2011-17 s 18\ns 29 sub A2002-38 s 14\nam A2005-52 s 28, s 29; A2011-17 s 13, s 16; A2015-34 s 70;\nss renum R49 LA\nAudit of financial statements for departments for 2000-2001\ns 29A ins A2001-42 s 6\nexp 31 December 2001 (s 29A (2))\nDirectorate annual financial statements to be included in annual reports etc\ns 30 hdg sub A2002-38 amdt 1.7\nam A2011-17 s 17\ns 30 am A2001-56 amdt 3.273\nsub A2005-52 s 30\nam A2011-17 s 16, s 19\nStatements of performance of directorates\ns 30A hdg am A2011-17 s 18\ns 30A (prev s 25A) ins A1997-124 s 9\nam A2001-56 amdt 3.271; A2001-95 s 10; A2002-38 amdt 1.3\nreloc from s 25A A2002-38 amdt 1.4\nsub A2005-52 s 31\nam A2011-17 s 16, s 19; A2012-26 amdt 1.18; ss renum\nR44 LA; A2013-41 amdt 1.14; A2015-34 s 71\nResponsibility for directorate statements of performance\ns 30B hdg am A2011-17 s 17\ns 30B ins A2005-52 s 31\nam A2011-17 s 13, s 15, s 16\nsub A2015-34 s 72\nScrutiny of directorate statements of performance\ns 30C hdg am A2011-17 s 17\ns 30C ins A2005-52 s 31\nam A2011-17 s 13, s 16, s 19; A2015-34 s 73; ss renum R49\nLA\n\nDirectorate statements of performance to be included in annual reports etc\ns 30D hdg am A2011-17 s 17\ns 30D ins A2005-52 s 31\nam A2011-17 s 16, s 19\nHalf-yearly directorate performance reports\ns 30E hdg am A2011-17 s 17\ns 30E ins A2005-52 s 31\nam A2011-17 s 16; A2012-26 amdt 1.19; A2013-41 amdt 1.14;\nA2015-34 s 74, s 75; ss renum R49 LA\nCapital works reports\ndiv 3.3 hdg ins A2015-34 s 76\nCapital works report of Territory\ns 30F ins A2015-34 s 76\nFinancial management responsibilities of directors-general of directorates\npt 4 hdg am A2011-17 s 14, s 18\nResponsibilities of directors-general of directorates\ns 31 hdg am A2011-17 s 14, s 18\ns 31 am A2002-38 s 15; A2005-20 amdt 3.154\nsub A2005-52 s 32\nam A2011-17 s 13, s 16; A2015-34 ss 77-80; ss renum R49\nLA; A2017-4 amdt 1.13\nDirectors-general may enter into contracts etc\ns 31A ins A2015-34 s 81\nAgreement for the conduct of banking for Territory\ns 32 am A1997-102 sch; A1999-33 sch\nTerritory banking account\ns 33 am A1997-102 sch\nDirectorate banking accounts\ns 34 hdg am A2011-17 s 17\ns 34 am A1997-102 sch; A1999-33 sch; A2001-95 s 13; A2001-95\ns 7; ss renum R6 LA (see A2001-95 amdt 1.8); A2002-38\ns 16; A2011-17 s 13, s 16, s 17; A2025-29 amdt 3.115\nTransfer of directorate banking account\ns 34A hdg am A2011-17 s 17\ns 34A prev s 34A renum as s 34B\nins A2001-95 s 14\n\nEnd of year balances of directorate banking accounts\ns 34B hdg am A2011-17 s 17\ns 34B (prev s 34A) ins A1997-102 s 12\nrenum A2001-95 s 15\nPayments into banking accounts\ns 35 am A1997-102 sch; A1999-33 sch; A2011-17 s 16, s 17;\nA2025-29 amdt 3.116\nTransfer following change in directorate responsibilities\ns 36 hdg am A2011-17 s 17\ns 36 am A1997-102 sch; A2011-17 s 17; A2015-34 s 82\nTransfers from directorate banking accounts to territory banking account\ns 36A hdg am A2011-17 s 17\ns 36A ins A2002-38 s 17\nam A2011-17 s 17; A2015-34 s 83, s 84\nPayments from territory banking account\ns 37 hdg sub A2002-38 s 18\ns 37 am A1997-102 sch; A2000-21 sch; A2001-95 s 16; A2002-38\ns 19; ss renum R10 LA (see A2002-38 amdt 1.8); A2005-52\nss 33-35; A2011-17 s 17; A2015-34 s 85, s 86;\nA2018-47 amdt 1.1; pars renum R57 LA; A2019-42 amdt 1.3;\nss renum R59 LA\nPayments into territory banking account\ns 37A ins A2015-34 s 87\nInvestment of certain public money\ns 38 hdg sub A2000-21 sch\ns 38 am A1997-102 sch; A1999-33 sch; A2000-21 sch; A2001-45\ns 5; A2001-95 s 17; A2003-21 s 6, s 7; ss renum R12 LA\n(see A2003-21 s 8); A2011-17 s 16, s 17; A2013-19\namdt 3.158, amdt 3.159; A2018-47 amdt 1.2; A2019-42\namdts 1.4-1.8\nBorrowing and guarantees\npt 6 hdg sub A2001-45 s 6\nBorrowings by territory authorities to be approved\ns 42 am A2001-95 s 18, amdt 1.9; A2007-10 s 5\nTerritory authorities may give security\ns 43 am A2007-10 s 6\nPower to approve borrowings not delegable\ns 44 am A2007-10 s 7\nLoans to be paid into territory banking account\ns 45 am A1997-102 sch; A2001-95 s 19\n\nPayments by Treasurer\ns 46 sub A2002-38 s 20\nGuarantees by Territory\ns 47 am A2001-56 amdt 3.274\nFinancial derivatives\ns 48 om A2001-45 s 7\nAdministration of trust money\ns 50 am A2011-17 s 16\nDirectorate trust banking accounts\ns 51 hdg am A2011-17 s 17\ns 51 am A1997-102 sch; A1999-33 sch; A2002-38 s 21; A2011-17\ns 13, s 16\nTransfer of directorate trust banking accounts\ns 51A hdg am A2011-17 s 17\ns 51A ins A2005-52 s 36\nTransfers between trust banking accounts—changes in directorate\nresponsibilities\ns 51B hdg am A2011-17 s 17\ns 51B ins A2005-52 s 36\nTransfers between trust banking accounts—investment\ns 51C ins A2005-52 s 36\nTransfers between trust banking account and territory banking account\ns 52 am A1997-102 sch\nsub A2001-95 s 20; A2005-52 s 37\nInvestment of trust money\ns 53 am A1999-28 sch\nUnclaimed trust money\ns 53A ins A1997-102 s 13\nam A1999-33 sch; A2001-44 amdts 1.1633-1.1635; ss renum\nR3 LA (see A2001-44 amdt 1.1636); A2001-95 s 21; ss\nrenum R6 LA; A2002-30 amdt 3.367; A2011-17 s 13;\nA2015-33 amdt 1.82; A2025-29 amdt 3.117, amdt 118;\nReviewable decision notices\ns 53B ins A1997-102 s 13\nam A2002-30 amdt 3.368\nsub A2008-37 amdt 1.175\n\nApplications for review\ns 53C ins A1997-102 s 13\nsub A2008-37 amdt 1.175\nFinancial provisions for territory authorities\npt 8 hdg sub A2005-52 s 38\nApplication—pt 8\ns 54 am A2005-20 amdt 3.155\nam A2006-30 amdts 1.37-1.40; A2009-25 amdt 4.1; A2010-36\ns 8; A2010-55 amdt 2.1\nsub A2011-17 s 5\nResponsibilities of chief executive officers of territory authorities\ns 55 am A1997-102 sch; A1999-33 sch; A2002-38 s 22\nam A2011-17 s 6; A2015-34 ss 88-91; ss renum R49 LA;\nResponsibilities of governing boards of territory authorities\ns 56 am A1997-102 sch; A1999-33 sch; A2001-45 s 8; A2001-95\ns 22; A2002-38 s 23, s 24; A2003-21 ss 9-12; ss renum R12\nLA (see A2003-21 s 13)\nam A2011-17 s 7; A2015-34 ss 92-95; ss renum R49 LA;\nBanking accounts of territory authorities\ns 57 am A2001-95 s 23\nInvestment by territory authorities\ns 58 am A2001-95 s 24\nam A2011-17 s 16; A2019-42 amdts 1.9-1.13; pars renum R59\nLA\nBorrowing by territory authorities\ns 59 am A2001-95 s 25\nam A2013-19 amdt 3.162; A2025-29 amdt 4.74\nGuarantees by territory authorities\ns 60 om A2005-52 s 38 (see s 2 (1))\n\nTerritory authority statements of intent\ns 61 sub A2002-38 s 25\nam A2015-34 s 96, s 97; ss and pars renum R51 LA\nAudit of annual financial statements for 2000-2001\ns 61A ins A2001-42 s 7\nexp 31 December 2001 (s 61A (2))\nPresentation of statements of intent of territory authorities\ns 62 am A2001-56 amdt 3.275; R8 LA (see also A2002-38\namdt 1.9)\nam A2015-34 s 98; ss renum R51 LA\nAnnual financial statements of territory authorities\ns 63 sub A2005-52 s 38\nam A2015-34 s 99; A2017-4 amdt 1.13\nResponsibility for annual financial statements of territory authorities\ns 64 orig s 64\nrenum as s 104 and then s 130\npres s 64\nam A2015-34 s 100; ss renum R49 LA\nAudit of annual financial statements of territory authorities\ns 65 orig s 65\nrenum as s 105 and then s 131\npres s 65\nam A2015-34 s 101; ss renum R49 LA\nAnnual financial statements of territory authorities to be included in annual\nreports etc\ns 66 orig s 66\nrenum as s 106 and then s 132\npres s 66\nGuideline-making power\ns 66A ins A2000-27 s 9\nom A2001-44 amdt 1.1637\n\nTreasurer may require interim financial statements etc for territory\ns 67 orig s 67\nrenum as s 107 and then s 133\npres s 67\nStatements of performance of territory authorities\ns 68 orig s 68\nrenum as s 108 and then s 134\npres s 68\nam A2015-34 ss 102-104\nResponsibility for territory authority statements of performance\ns 69 ins A2005-52 s 38\nam A2015-34 s 105; ss renum R49 LA\nScrutiny of territory authority statements of performance\ns 70 ins A2005-52 s 38\nam A2015-34 s 106; ss renum R49 LA\nTerritory authority statements of performance to be included in annual\nreports etc\ns 71 ins A2005-52 s 38\nGovernance of territory authorities\npt 9 hdg orig pt 9 hdg\nrenum as pt 10 hdg\npres pt 9 hdg\nins A2005-52 s 41\nDefinitions and important concepts\ndiv 9.1 hdg ins A2005-52 s 41\nDefinitions—pt 9\ns 72 ins A2005-52 s 41\ndef applicable governmental policies ins A2005-52 s 41\ndef establishing Act ins A2005-52 s 41\ndef financial year ins A2005-52 s 41\ndef governing board member ins A2005-52 s 41\ndef material interest ins A2005-52 s 41\ndef relevant territory authority ins A2005-52 s 41\nNature of relevant territory authorities\ns 73 ins A2005-52 s 41\nPowers of territory authorities generally\ns 74 ins A2005-52 s 41\n\nExecution of documents and assumptions people dealing with relevant\nterritory authority may make\ns 75 ins A2005-52 s 41\nGoverning board of territory authority\ns 76 ins A2005-52 s 41\nam A2006-30 amdts 1.41-1.44; A2009-25 amdt 4.2; A2010-55\namdt 2.1; A2011-17 s 8\nRole of governing board\ns 77 ins A2005-52 s 41\nGoverning board member appointments\ndiv 9.2 hdg ins A2005-52 s 41\nAppointment of governing board members generally\ns 78 ins A2005-52 s 41\nam A2009-48 s 4, s 5; ss renum R38 LA; A2022-4 amdt 1.25;\nA2025-29 amdt 3.119, amdt 3.120\nAppointment of chair and deputy chair\ns 79 ins A2005-52 s 41\nam A2009-48 s 6; ss renum R38 LA; A2022-4 amdt 1.26\nAppointment of CEO of authority with governing board\ns 80 ins A2005-52 s 41\nam A2011-17 s 13\nEnding board member appointments\ns 81 ins A2005-52 s 41\nam A2010-18 amdt 1.22\nFunctions of governing board members\ndiv 9.3 hdg ins A2005-52 s 41\nChair’s functions\ns 82 ins A2005-52 s 41\nDeputy chair’s functions\ns 83 ins A2005-52 s 41\nCEO’s functions\ns 84 ins A2005-52 s 41\nHonesty, care and diligence of governing board members\ns 85 ins A2005-52 s 41\nConflicts of interest by governing board members\ns 86 ins A2005-52 s 41\nAgenda to require disclosure of interest item\ns 87 ins A2005-52 s 41\n\nDisclosure of interests by governing board members\ns 88 ins A2005-52 s 41\nReporting of disclosed governing board interests to Minister\ns 89 ins A2005-52 s 41\nam A2022-4 amdt 1.27, amdt 1.28\nProtection of governing board members from liability\ns 90 ins A2005-52 s 41\nIndemnification and exemption of governing board members\ns 91 ins A2005-52 s 41\nCompensation for exercise of functions etc\ns 92 ins A2005-52 s 41\nGoverning board meetings\ndiv 9.4 hdg ins A2005-52 s 41\nTime and place of governing board meetings\ns 93 ins A2005-52 s 41\nPresiding member at governing board meetings\ns 94 ins A2005-52 s 41\nQuorum at governing board meetings\ns 95 ins A2005-52 s 41\nVoting at governing board meetings\ns 96 ins A2005-52 s 41\nConduct of governing board meetings etc\ns 97 ins A2005-52 s 41\nam A2008-28 amdt 3.90\nRequirements and obligations for territory authorities\ndiv 9.5 hdg ins A2005-52 s 41\nLimitations on authorities forming corporations etc\ns 98 ins A2005-52 s 41\nLimitations on authorities taking part in joint ventures and trusts\ns 99 ins A2005-52 s 41\nCorporations, joint ventures and trusts in which authority has interest\ns 100 ins A2005-52 s 41\nObligation of authorities to tell Minister about significant events\ns 101 ins A2005-52 s 41\nMinisterial directions to authorities about financial etc statements\ns 102 ins A2005-52 s 41\n\nApplication of government policies to authorities\ns 103 ins A2005-52 s 41\nam A2010-54 amdt 3.30; A2013-19 amdt 3.162; A2025-29\nRestructuring of territory authorities\ndiv 9.6 hdg ins A2006-30 amdt 1.45\nPurpose of div 9.6\ns 104 orig s 104\nrenum as s 130\npres s 104\nWhat territory authorities does div 9.6 apply to?\ns 105 orig s 105\nrenum as s 131\npres s 105\nResponsible Minister may direct div 9.6 authority to sell or transfer assets\ns 106 orig s 106\nrenum as s 132\npres s 106\nTransfer of assets by declaration—div 9.6 authorities\ns 107 orig s 107\nrenum as s 133\npres s 107\nTransfer of contractual rights and liabilities by declaration—div 9.6\ns 108 orig s 108\nrenum as s 134\npres s 108\nTransfer of liabilities by declaration—div 9.6 authorities\ns 109 orig s 109\nrenum as s 150\npres s 109\n\nAssistance given by authorities for div 9.6\ns 110 orig s 110\nrenum as s 151\npres s 110\nApplication of Legislation Act, s 94 to certain appointments, elections and\napprovals\ns 110A sub as s 152\nApplication of Act to Health Promotion Act\ns 110B ins as mod SL2005-42 sch 1 mod 1.1 (om A2006-30\namdt 1.62)\nAssistance given by governing board members for div 9.6\ns 111 orig s 111\nrenum as s 155\npres s 111\nUse of information by Territory and div 9.6 authorities\ns 112 ins A2006-30 amdt 1.45\nContracts relating to the protection of information—responsible Minister for\ndiv 9.6 authority\ns 113 ins A2006-30 amdt 1.45\nContracts relating to the protection of information—div 9.6 authority\ns 114 ins A2006-30 amdt 1.45\nTransfer of pending proceedings—div 9.6 authorities\ns 115 ins A2006-30 amdt 1.45\nam A2018-42 amdt 3.45; A2025-29 amdt 4.74\nProceedings and evidence—div 9.6 authorities\ns 116 ins A2006-30 amdt 1.45\nOperation of div 9.6 not breach of contract etc\ns 117 ins A2006-30 amdt 1.45\nTransfer of assets etc not otherwise disposed of—div 9.6 authorities\ns 118 ins A2006-30 amdt 1.45\nAnnual reports etc for div 9.6 authorities\ns 119 ins A2006-30 amdt 1.45\nAdditional provisions for restructuring of certain territory authorities\ndiv 9.7 hdg ins A2006-30 amdt 1.45\nWhat territory authorities does div 9.7 apply to?\ns 120 ins A2006-30 amdt 1.45\n\nDefinitions—div 9.7\ns 121 ins A2006-30 amdt 1.45\ndef handover day ins A2006-30 amdt 1.45\ndef territory authority ins A2006-30 amdt 1.45\nVesting of assets, rights and liabilities—div 9.7 authorities\ns 122 ins A2006-30 amdt 1.45\nProceedings and evidence—div 9.7 authorities\ns 123 ins A2006-30 amdt 1.45\nAnnual reports and financial statements for div 9.7 authorities\ns 124 ins A2006-30 amdt 1.45\nReferences to div 9.7 authority\ns 125 ins A2006-30 amdt 1.45\nInsourcing framework\npt 9A hdg ins A2023-32 s 4\nMeaning of public sector entity—pt 9A\ns 126 ins A2023-32 s 4\nResponsible chief executive officer to ensure compliance with this part\ns 127 ins A2023-32 s 4\nInsourcing framework\ns 128 ins A2023-32 s 4\nInsourcing evaluation for services or works\ns 129 ins A2023-32 s 4\nMiscellaneous\npt 10 hdg (prev pt 9 hdg) renum A2005-52 s 39\nAct of grace payments\ns 130 (prev s 64) am A2001-95 amdt 1.10\nrenum as s 104 A2005-52 s 40\nrenum as s 130 A2006-30 amdt 1.46\nam A2011-17 s 16; A2015-34 ss 107-109\nWaiver of debts etc\ns 131 (prev s 65) renum as s 105 A2005-52 s 40\nrenum as s 131 A2006-30 amdt 1.46\nPayments in relation to deceased estates\ns 132 (prev s 66) renum as s 106 A2005-52 s 40\nrenum as s 132 A2006-30 amdt 1.46\n\nGuideline-making power\ns 133 hdg (prev s 67 hdg) sub A2000-27 s 10\ns 133 (prev s 67) am A2000-27 s 10\nsub A2001-44 amdt 1.1637\nam A2003-56 amdt 3.139\nrenum as s 107 A2005-52 s 40\nrenum as s 133 A2006-30 amdt 1.46\nam A2013-19 amdt 3.162; A2015-34 s 110; A2025-29\nRegulation-making power\ns 134 (prev s 68) ins A2001-44 amdt 1.1637\nrenum as s 108 A2005-52 s 40\nrenum as s 134 A2006-30 amdt 1.46\nTransitional\npt 11 hdg sub as pt 19 hdg\nTransitional—Financial Management Legislation Amendment Act 2005\npt 19 hdg (prev pt 11 hdg) ins A2005-52 s 42\nsub as pt 19 hdg A2006-30 amdt 1.47\nom R32 LA\nFinancial Management Legislation Amendment Act 2005—provisions with\n1 July 2005 application\ns 150 (prev s 109) ins A2005-52 s 42\nrenum as s 150 A2006-30 amdt 1.48\nexp 27 October 2006 (s 150 (4))\nFinancial Management Legislation Amendment Act 2005—provisions with\n1 July 2006 application\ns 151 (prev s 110) ins A2005-52 s 42\nam A2006-30 amdt 1.49\nrenum as s 151 A2006-30 amdt 1.50\nexp 27 October 2006 (s 151 (4))\nApplication of Legislation Act, s 94 to certain appointments, elections and\napprovals\ns 152 (prev s 110A) ins as mod SL2005-42 sch 1 mod 1.1 (sub as\ns 152 A2006-30 amdt 1.61)\nexp 27 October 2007 (s 152 (4))\nTransitional regulations\ns 155 (prev s 111) ins A2005-52 s 42\nrenum as s 155 A2006-30 amdt 1.51\nexp 27 October 2007 (s 155 (4))\nTransitional—Administrative (Miscellaneous Amendments) Act 2006\npt 20 hdg ins A2006-30 amdt 1.52\n\nTransitional—definition of territory authority\ns 220 ins A2006-30 amdt 1.52\nexp 19 July 2006 (s 220 (2) (LA s 88 declaration applies))\nTransitional—Legislation Act, s 84 inapplicable\ns 221 ins A2006-30 amdt 1.52\nexp 1 August 2006 (s 221 (2) (LA s 88 declaration applies))\nTransitional regulations—Administrative (Miscellaneous Amendments) Act\ns 222 ins A2006-30 amdt 1.52\nExpiry—pt 20\ns 223 ins A2006-30 amdt 1.52\nTransitional—Exhibition Park Corporation Repeal Act 2014\npt 30 hdg ins A2014-54 amdt 1.1\nDisapplication of Legislation Act, s 84\ns 300 ins A2014-54 amdt 1.1\nThird-party rights and interests in corporation land\ns 301 ins A2014-54 amdt 1.1\nRegistration of changes in ownership of certain assets\ns 302 ins A2014-54 amdt 1.1\nOperation of pt 30 not breach of contract etc\ns 303 ins A2014-54 amdt 1.1\nTransitional regulations\ns 304 ins A2014-54 amdt 1.1\nExpiry—pt 30\ns 305 ins A2014-54 amdt 1.1\n\ndict am A2005-52 s 43; A2008-37 amdt 1.176; A2010-18\namdt 1.23; A2011-17 s 9; A2012-26 amdt 1.20; A2013-19\namdt 3.160; A2013-41 amdt 1.16; A2015-34 s 111; A2016-52\namdt 1.82; A2025-29 amdt 3.121\ndef accounting standards ins A2017-4 amdt 1.14\ndef applicable governmental policies ins A2005-52 s 44\ndef appropriation reloc from s 3 A2001-95 amdt 1.4\ndef Appropriation Act reloc from s 3 A2001-95 amdt 1.4\ndef appropriation unit reloc from s 3 A2001-95 amdt 1.4\nom A2013-19 amdt 3.161\ndef banking account ins A1997-102 s 4\nam A1999-33 sch\ndef borrowing reloc from s 3 A2001-95 amdt 1.4\ndef budget papers am A2001-56 amdt 3.256\ndef capital injection reloc from s 3 A2001-95 amdt 1.4\nsub A2005-52 s 45\nsub A2015-34 s 112\ndef capital works advance ins A2019-8 s 8\ndef CEO ins A2005-52 s 46\ndef chief executive officer reloc from s 3 A2001-95 amdt 1.4\nsub A2005-52 s 47\ndef class of outputs reloc from s 3 A2001-95 amdt 1.4\nsub A2015-34 s 113\ndef contract ins A2006-30 amdt 1.53\nsub A2015-34 s 114\ndef controlled recurrent payment ins A2015-34 s 115\nam A2025-29 amdt 3.122\ndef department reloc from s 3 A2001-95 amdt 1.4\nom A2011-17 s 10\ndef departmental banking account am A1997-102 sch\nom A2011-17 s 10\ndef directorate ins A2011-17 s 10\ndef directorate banking account ins A2011-17 s 10\ndef division 9.6 authority ins A2006-30 amdt 1.54\ndef division 9.7 authority ins A2006-30 amdt 1.54\ndef establishing Act ins A2005-52 s 48\ndef expenses reloc from s 3 A2001-95 amdt 1.4\ndef financial management guidelines sub A2001-11\namdt 3.125\n\ndef financial year ins A2005-52 s 48\ndef general government sector ins A1997-124 s 4\ndef generally accepted accounting practice reloc from s 3\nA2001-95 amdt 1.4\nsub A2005-52 s 49\nom A2017-4 amdt 1.15\ndef governing board ins A2005-52 s 50\nsub A2011-17 s 11\ndef governing board member ins A2005-52 s 50\ndef GST ins A2000-27 s 4\nom A2005-52 s 51\ndef handover day ins A2006-30 amdt 1.55\ndef input tax credit ins A2000-27 s 4\ndef interest ins A2001-45 s 4 (as am A2002-30 amdt 3.370)\nom A2019-42 amdt 1.14\ndef invest ins A2001-45 s 4 (as am A2002-30 amdt 3.370)\ndef Legislative Assembly secretariat sub A2001-95\namdt 1.1\nsub A2005-42 amdt 1.1; A2007-3 amdt 3.243\nom A2012-26 amdt 1.21\ndef material interest ins A2005-52 s 52\ndef memorandum of understanding ins A2015-34 s 115\ndef outcomes reloc from s 3 A2001-95 amdt 1.4\nom A2009-49 amdt 3.67\ndef outputs reloc from s 3 A2001-95 amdt 1.4\ndef prescribed reloc from s 3 A2001-95 amdt 1.4\ndef PSWC fund banking account ins A2018-47 amdt 1.3\ndef public money am A2001-95 s 4\nam A2004-53 amdt 1.1; pars renum R19 LA (see\nA2004-53 amdt 1.2); A2019-42 amdt 1.15\ndef public sector entity ins A2023-32 s 5\ndef public trading enterprise ins A1997-124 s 4\nam A2003-21 s 14\nom A2005-52 s 53\ndef public trading enterprise sector ins A1997-124 s 4\n\ndef relevant Assembly committee ins A2022-4 amdt 1.29\ndef relevant territory authority ins A2005-52 s 54\ndef responsible chief executive reloc from s 3 A2001-95\namdt 1.4\nom A2011-17 s 12\ndef responsible director-general ins A2011-17 s 12\ndef responsible Minister reloc from s 3 A2001-95 amdt 1.4\nam A2005-52 s 55; A2011-17 s 16\ndef returns ins A2019-42 amdt 1.16\ndef securities reloc from s 3 dict A2001-95 amdt 1.4\ndef statement of intent reloc from s 3 A2001-95 amdt 1.4\nsub A2005-52 s 56\ndef subsidiary ins A2004-53 amdt 1.3\ndef superannuation appropriation ins A2000-21 sch\ndef superannuation banking account ins A2000-21 sch\nom A2013-19 amdt 3.161\ndef taxable supply ins A2000-27 s 4\ndef territory authority am A2000-21 sch; A2001-95 amdt 1.3\nsub A2006-30 amdt 1.56\ndef territory banking account am A1997-102 sch\ndef territory entity ins A2015-34 s 115\ndef the Territory ins A2009-49 amdt 3.68\ndef Treasurer’s advance ins A2015-34 s 115\ndef trust money reloc from s 3 A2001-95 amdt 1.4\ndef under treasurer ins A2015-34 s 115\ndef warrant am A1997-102 sch\nom A2002-38 amdt 1.10\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR0A\n1 Sept 1997–\n23 Dec 1997\nA1997-39 amendments by\nA1997-39\nR1 (RI)\n31 Jan 1998–\nA1997-124 amendments by\nA1997-102 and\nA1997-124\nR1A\n21 May 1999–\nA1999-28 amendments by\nA1999-28\nR1B\n1 July 1999–\nA1999-33 amendments by\nA1999-33\nR1C\n12 July 1999–\n9 Nov 1999\nA1999-36 amendments by\nA1999-36\nR2 (RI)\n10 Nov 1999–\nA1999-58 amendments by\nA1999-58\nR2A\n1 July 2000–\n28 Mar 2001\nA2000-27 amendments by\nA2000-21 and\nA2000-27\nR2B\n29 Mar 2001–\nA2001-11 amendments by\nA2001-11\n12 Sept 2001\n12 Sept 2001–\n19 Dec 2001\nA2001-56 amendments by\nA2001-42,\nA2001-43,\nA2001-44 and\nA2001-56\n20 Dec 2001–\n30 Dec 2001\nA2001-97\n\nfor\n31 Dec 2001–\n31 Dec 2001\nA2001-97 expiry of provisions\n(s 29A and s 61A)\nR5 (RI)\n31 Dec 2001–\n31 Dec 2001\n1 Jan 2002–\n11 Jan 2002\nA2001-95\nR6 (RI)\n1 Jan 2002–\n11 Jan 2002\nR7*\n14 Jan 2002\n12 Jan 2002–\nA2001-45\nR7 (RI)\n12 Jan 2002–\nR7A\n30 June 2002–\nA2001-97 retrospective\nA2002-29 and\n1 July 2002–\n16 Sept 2002\nA2001-97 expiry of provision\n(s 17A)\nR8 (RI)\n1 July 2002–\n16 Sept 2002\nR9*\n17 Sept 2002–\n31 Oct 2002\nA2002-30 amendments by\n1 Nov 2002\n1 Nov 2002–\n7 Mar 2003\nA2002-38 amendments by\nA2002-38\n8 Mar 2003\n8 Mar 2003–\nA2003-9 amendments by\nA2003-9\n20 May 2003–\nA2003-21 amendments by\nA2003-21\n\nfor\n30 June 2003–\n31 Oct 2003\nA2003-27 amendments by\nA2003-27\n1 Nov 2003\n1 Nov 2003–\n18 Dec 2003\nA2003-46 amendments by\nA2003-46\n19 Dec 2003\n19 Dec 2003–\n6 Apr 2004\nA2003-56 amendments by\nA2003-56\n7 Apr 2004\n7 Apr 2004–\nA2004-19 amendments by\nA2004-19\n30 June 2004–\nA2004-35 amendments by\nA2004-35\n1 July 2004–\n16 Aug 2004\nA2004-35 amendments by\nA2004-33\n17 Aug 2004\n17 Aug 2004–\nA2004-53 amendments by\nA2004-53\nR20*\n2 June 2005–\nA2005-20 amendments by\nA2005-20\n30 June 2005–\n31 Aug 2005\nA2005-32 amendments by\nA2005-32\n1 Sept 2005\n1 Sept 2005–\n26 Oct 2005\nA2005-42 amendments by\nA2005-42\n27 Oct 2005\n27 Oct 2005–\n31 Dec 2005\nA2005-52 amendments by\nA2005-52\n1 Jan 2006\n1 Jan 2006–\nA2005-52 amendments by\nA2005-52 and\nmodifications by\nSL2005-42\n19 June 2006–\nA2006-30 amendments by\nA2006-30\n1 July 2006–\nA2006-30 amendments by\nA2006-30\n20 July 2006–\n1 Aug 2006\n2 Aug 2006\n2 Aug 2006–\n27 Oct 2006\n\nfor\n28 Oct 2006\n28 Oct 2006–\n11 Apr 2007\n12 Apr 2007\n12 Apr 2007–\nA2007-3 amendments by\nA2007-3\n12 May 2007–\n27 Oct 2007\nA2007-10 amendments by\nA2007-10\n28 Oct 2007\n28 Oct 2007–\nA2007-10 commenced expiry\n2 July 2008–\n25 Aug 2008\nA2007-10 commenced expiry\n26 Aug 2008\n26 Aug 2008–\n1 Feb 2009\nA2008-28 amendments by\nA2008-28\n2 Feb 2009\n2 Feb 2009–\nA2008-37 amendments by\nA2008-37\n1 July 2009–\n16 Dec 2009\nA2009-12 amendments by\nA2009-12\n17 Dec 2009\n17 Dec 2009–\n31 Dec 2009\nA2009-49 amendments by\nA2009-49\nR38*\n1 Jan 2010\n1 Jan 2010–\nA2009-49 amendments by\nA2009-25 and\nA2009-48\n3 June 2010–\n29 Sept 2010\nA2010-18 amendments by\nA2010-18\n30 Sept 2010\n30 Sept 2010–\n31 Dec 2010\nA2010-36 amendments by\nA2010-36\n1 Jan 2011\n1 Jan 2011–\nA2010-55 amendments by\nA2010-54 and\nA2010-55\n1 July 2011–\nA2011-17 amendments by\nA2011-17\n16 May 2012–\nA2012-15 amendments by\nA2012-15\n1 July 2012–\n21 Feb 2013\nA2012-26 amendments by\nA2012-26\n\nfor\n22 Feb 2013\n22 Feb 2013–\nA2013-5 amendments by\nA2013-5\n14 June 2013–\nA2013-19 amendments by\nA2013-19\n1 July 2014–\n31 Dec 2014\nA2014-22 amendments by\nA2013-41 and\nA2014-22\n1 Jan 2015\n1 Jan 2015–\n30 Sept 2015\nA2014-54 amendments by\nA2014-54\n1 Oct 2015\n1 Oct 2015–\n13 Oct 2015\nA2015-34\n14 Oct 2015\n14 Oct 2015–\nA2015-33\n1 July 2016–\n31 Aug 2016\nA2015-34\n1 Sept 2016\n1 Sept 2016–\n1 Jan 2017\nA2016-52 amendments by\nA2016-52\n2 Jan 2017\n2 Jan 2017–\n8 Mar 2017\nA2016-52 expiry of\ntransitional\nprovisions (pt 30)\n9 Mar 2017\n9 Mar 2017–\n13 Nov 2017\nA2017-4 amendments by\nA2017-4\n14 Nov 2017\n14 Nov 2017–\n21 Nov 2018\nA2017-41 amendments by\nA2017-41\n22 Nov 2018\n22 Nov 2018–\n28 Feb 2019\nA2018-42 amendments by\nA2018-42\n1 Mar 2019\n1 Mar 2019–\n11 Apr 2019\nA2018-47 amendments by\nA2018-47\n12 Apr 2019\n12 Apr 2019–\n13 Nov 2019\nA2019-8 amendments by\nA2019-8\n14 Nov 2019\n14 Nov 2019–\nA2019-42 amendments by\nA2019-42\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n\n6 Expired transitional or validating provisions\nfor\n14 May 2020–\nA2020-14 amendments by\nA2020-14\n25 June 2020–\n21 Sept 2021\nA2020-23 amendments by\nA2020-23\n22 Sept 2021\n22 Sept 2021–\n5 Apr 2022\nA2021-22 amendments by\nA2021-22\n6 Apr 2022\n6 Apr 2022–\n6 Jan 2024\nA2022-4 amendments by\nA2022-4\n7 Jan 2024\n7 Jan 2024–\nA2023-32 amendments by\nA2023-32\n2 June 2025–\n15 Nov 2025\nA2025-17 amendments by\nA2025-17\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":185}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has substantially expanded from a core appropriation and reporting statute into a broad financial governance instrument. Mechanically, the original 1996 focus on appropriations and Territory financial statements has grown to include: (1) detailed governance rules for territory authorities (Part 9, ss 72–103) including board appointments, conflicts and limits on joint ventures; (2) statutory restructuring powers that allow Ministers to vest assets, rights and liabilities and substitute legal parties by declaration (divs 9.6 and 9.7, ss 106–125); and (3) an insourcing evaluation framework requiring formal assessments before using external providers for significant services (Part 9A, ss 126–129). The Act now blends traditional public‑finance controls with tools to direct organisational structure and procurement choices. These additions expand executive discretion (Treasurer and Ministers) and impose new compliance and transition duties on agencies and counterparties (see ss 14, 18, 106–109, 122–125, 128–129)."},"complexity_factors":["Over 130 sections and a comprehensive dictionary with many defined terms","Multiple Parts and Divisions covering budget management, reporting, banking, borrowing, trust money, governance, restructuring and insourcing","Extensive cross-references to other Acts and external standards (eg. Territory Superannuation Provision Protection Act, Corporations Act, Auditor-General Act, AASB accounting standards) throughout (see s 2, s 75, ss 22–24)","Numerous conditional powers and nested exceptions (eg. Treasurer’s advances with year caps and reporting requirements—s 18; transfers with % or $ thresholds triggering different procedures—s 14, s 14A)","Frequent use of delegated instruments (notifiable and disallowable instruments) and mandatory attachments to financial statements (eg. ss 3B, 14A(2), 18C, 19D)","Detailed governance and procedural rules for territory authorities including appointment, conflict-of-interest, meeting, reporting and indemnity provisions (ss 76–97, 85–92)","Two separate restructuring frameworks (div 9.6 powers to vest assets/rights/liabilities by declaration and div 9.7 automatic vesting provisions) with special procedural and transitional rules (ss 106–125)","Newer insourcing framework adding procurement/operational evaluation requirements (Part 9A, ss 126–129) and thresholds that reference prescribed amounts","Multiple timelines and deadlines for reporting and audit opinions with special cases (eg. accelerated timetables for election years, ss 24–26)"],"plain_english_summary":"**What this Act does (mechanically)\n\n- Sets the rules for how the ACT Government handles public money: how money must be appropriated before it is spent (s 6), how budgets and budget papers are prepared and published (ss 10–12, 11A), and the timetable for financial statements and audits (ss 22–26). \n\n- Gives the Treasurer a range of management powers to move and advance budgeted funds during a year: transfers between appropriations (s 14), limited transfers between capital and recurrent appropriations (ss 14A–14B), temporary advances for unpassed new items (s 7A), Treasurer’s advances for urgent needs (s 18) and a capital works reserve for urgent capital projects (ss 18D–18G). Many of these directions must be recorded in the periodic financial statements or are subject to disallowance (see ss 14(3), 18C, 18G and 14A(2)).\n\n- Requires regular and detailed financial reporting from the Territory, directorates, territory authorities and territory-owned corporations: annual financial statements (ss 22, 27, 63), periodic/quarterly statements (s 26), performance statements and audits (ss 30A–30C, 29, 65), and half-yearly performance reports (s 30E). The auditor-general audits Territory and entity statements (ss 24, 29, 65). \n\n- Specifies how banking, investment and trust money are handled (Parts 5 and 7): a Territory banking account (s 33), directorate and trust banking accounts (ss 34, 51), permitted investment types (s 38), and rules for unclaimed trust money (s 53A) including a review right to ACAT (ss 53B–53C).\n\n- Regulates borrowing, loans and guarantees (Part 6): borrowing on behalf of the Territory (ss 39–40), strict Treasurer approval and borrowing limits for territory authorities (ss 42–44), and rules for Territory guarantees (s 47).\n\n- Imposes financial duties on managers: responsible directors-general, chief executives and governing boards must manage resources to achieve their entity’s purpose and financial sustainability and keep proper accounts (s 31 for directorates; ss 55–56 for territory authorities). Statements of intent, budgets and statements of performance are required for authorities (ss 61–62, 68). \n\n- Creates a governance and restructuring framework for territory authorities (Part 9): rules for governing boards (appointment, meetings, conflicts of interest, duty of care — ss 76–97, 85–89), limits on authorities forming companies or entering joint ventures without Treasurer approval (ss 98–100), and powers for Ministers to vest assets, rights and liabilities in or out of named entities by declaration to enable restructuring (divs 9.6 and 9.7, ss 106–125). Declarations and many direction instruments are notifiable or disallowable.\n\n- Introduces an insourcing evaluation framework (Part 9A, ss 126–129): public sector entities must follow a Chief Minister’s insourcing framework when the likely cost of work exceeds a prescribed threshold, to assess whether to use internal public sector capacity or an external provider.\n\n- Provides limited discretionary non‑legal payments and debt relief: acts of grace (s 130) and waivers or deferments (s 131) may be authorised by the Treasurer and must be disclosed in financial statement notes.\n\nWho this affects\n\n- Taxpayers: public money is authorised, invested and guaranteed under the Act; taxpayers ultimately bear the costs of borrowing, guarantees or acts of grace (ss 6, 46, 47, 130). \n\n- The Treasurer and responsible Ministers: they hold substantial decision authority over appropriations, advances, transfers, approvals of borrowing and guarantees, and restructuring (ss 14, 18, 42, 47, 106–109, 122). \n\n- Directorate directors-general, CEOs and governing boards: the Act creates reporting duties, financial management responsibilities and governance obligations (ss 31, 55–56, 61, 68). \n\n- Territory authorities and territory-owned corporations: subject to budgeting, borrowing approvals, auditing and (for some) prescribed reporting and performance criteria (ss 12A, 42, 61–63). \n\n- External providers and markets for public services: the insourcing framework requires a formal evaluation before procuring external providers for higher-cost services (ss 128–129).\n\nWhy it matters (purpose claims and practical effects)\n\n- Stated purpose: the Act is framed to provide a legal structure for Territory financial management, to ensure transparency and parliamentary scrutiny, and to require reporting and auditability of public finances (long title; see ss 10–12, 11A, 22–26). \n\n- Testing those claims against trade-offs and implementation mechanics:\n  - Transparency and scrutiny are advanced by regular published budgets, quarterly statements and mandatory audits (ss 10, 26, 24). That increases compliance and administrative work for agencies (preparing accounts, audit liaison, producing statements of performance) and creates a continuing reporting burden (ss 27, 30A, 61). \n  - The Act centralises operational fiscal discretion in the Treasurer to manage intrayear volatility: written directions for transfers, advances and capital reserves (ss 14, 18, 18D–18G). Centralisation speeds urgent action but concentrates decision power in a single office, increasing the importance of clear reporting and timely publication of directions (s 18C, s 18G). \n  - The Act expands the Territory’s ability to restructure entities quickly by declarations that vest assets, liabilities and contracts (ss 107–109, 122). Those powers reduce legal friction for structural reform but change legal counterparties overnight and create implementation and transition risks for private parties and employees who contract with authorities (see ss 115–116 and the protections/explanatory statements in s 117). \n  - The insourcing framework (ss 128–129) creates a formal gate for deciding whether services are delivered by public entities or external contractors. Mechanically this shifts some procurement decisions toward a mandated evaluation; economically it can reduce private-sector opportunities for work in specific bands of contract value (s 129). \n  - Controls on borrowing and guarantees (ss 42–44, 47) limit uncontrolled commercial risk by requiring Treasurer approval and setting borrowing limits for territory authorities; this imposes an approval hurdle for authorities that seek external finance. \n\nWho pays, who decides, and expected behaviour changes\n\n- Who pays: the Territory (public purse / taxpayers) pays for appropriations, guarantees and acts of grace authorised under the Act (ss 6, 46, 47, 130–131). Territory entities may also incur borrowing costs if authorised (s 59). \n- Who decides: the Treasurer is the central decision-maker for financial directions, investments, borrowings and guarantees (ss 14, 18, 38, 40, 42, 47); responsible Ministers direct portfolios and appoint board members (ss 78–80, 102). Governing boards and CEOs manage day‑to‑day operations within those constraints (ss 84, 31). \n- Behaviour changes the Act requires: directorates and authorities must prepare and follow formal budgets and statements of intent (ss 12, 61); seek Treasurer approval before significant borrowings or entering joint ventures (ss 42, 99); disclose material interests and comply with governance rules (ss 85–89); and, where applicable, run insourcing evaluations before awarding larger contracts (ss 128–129). \n\nImplementation risks, compliance burden and substitution effects\n\n- Implementation risks: timely and accurate financial reporting and audit capacity are crucial (ss 24, 26, 29, 65). Rapid restructuring powers (divs 9.6–9.7) require careful transition planning to avoid disruption to contracts, staff and service delivery (ss 115–116, 119–124). \n- Compliance burden: ongoing requirements for statements of intent, quarterly reports, performance reporting and audits impose recurring administrative cost on directorates and authorities (ss 26, 30A, 61, 63). \n- Substitution effects: the insourcing framework (ss 128–129) may increase the use of internal public sector resources rather than private contractors for higher‑value services; transfers between capital and recurrent budgets (ss 14A–14B) may alter capital project timelines or operating program mix.\n\nConcentrated benefits, diffuse costs and capture risk (mechanisms, with sections cited)\n\n- Concentrated potential beneficiaries: entities that control or receive directed transfers, capital advances or restructures can gain (Treasurer’s directions, ss 14, 18, 18E; restructuring declarations, ss 107–109). \n- Diffuse costs: taxpayers and future budgets bear the cost of guarantees, borrowings and acts of grace authorised without direct appropriation in some cases (ss 46–47, 130–131). \n- Capture and oversight risk: many of the Act’s powerful instruments are exercisable by the Treasurer or responsible Minister (ss 14, 18, 42, 47, 106–109), so the Act relies on parliamentary disclosure, periodic financial statements and disallowable instruments to provide external checks (see ss 14(3), 18C(4), 18G(4), 14A(2)).\n\nConcrete mechanisms to look at first (key sections)\n\n- Necessity for appropriation and penalties for mis‑spending: s 6.\n- Treasurer’s intrayear powers (advances, transfers, capital works): ss 7, 7A, 14, 14A–14B, 18, 18D–18G.\n- Budget and reporting requirements: ss 10–12, 11A, 26, 30F.\n- Responsibilities of directors-general and CEOs: ss 31, 31A, 55–56.\n- Governance and restructuring toolkit for territory authorities: divs 9.2–9.7 (ss 78–125) and Part 9A (insourcing) (ss 126–129).\n\nBottom line\n\nThis Act is the Territory’s central financial management code. It combines budget authorization, reporting and audit rules with substantial executive powers for intrayear fiscal management, governance rules for public authorities, and powers to restructure public entities and to require insourcing evaluations. Those powers speed administration and make structural change legally simpler, but they also concentrate discretionary authority in the Treasurer and Ministers and increase reporting and implementation requirements for public entities (see ss 14, 18, 106–109, 122–125, 128–129)."},"kimi_summary":{"_metrics":{"completionTokens":803},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown substantially from its original 1996 focus on core financial management. Major expansions include: Part 9 (governance of territory authorities) added in 2005-2006; Part 9A (insourcing framework) added in 2023; extensive restructuring powers in Divisions 9.6 and 9.7; and increasingly detailed budget review and pre-election update requirements. The scope now encompasses not just financial management but corporate governance, procurement policy, and public sector restructuring."},"complexity_factors":["134 sections across 10 Parts plus a Dictionary","Extensive cross-referencing to other ACT legislation (Legislation Act 2001, Auditor-General Act 1996, Annual Reports Act 2004, etc.)","Multiple defined terms with signpost definitions pointing to other Acts","Nested conditional logic in appropriation rules (e.g., section 7 with different percentage caps for different financial years)","Exception-heavy structure with numerous 'despite section X' provisions","Complex governance rules for territory authorities including board composition limits, conflict disclosure requirements, and restructuring powers","Multiple overlapping mechanisms for budget variations (sections 14, 14A, 14B, 16, 16A, 16B, 17, 17A, 18, 18A, 18B)","Detailed amendment history showing 67 republications and extensive legislative evolution since 1996"],"plain_english_summary":"The Financial Management Act 1996 is the ACT’s core law for how the Territory plans, spends, holds and reports public money. It sets rules for budgets and appropriations, financial reporting, banking, borrowing, trust funds, governance of territory authorities, and the 2023 insourcing requirement for deciding in‑house vs contracted services.\n\nIt affects directorates, territory authorities and boards, the Treasurer and Assembly, and anyone receiving or owing Territory funds — ensuring lawful, transparent, and accountable use of public resources."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/financial-management-act-1996","history":"/api/acts/financial-management-act-1996/history","analysis":"/api/acts/financial-management-act-1996/analysis","conflicts":"/api/acts/financial-management-act-1996/conflicts","importantCases":"/api/acts/financial-management-act-1996/important-cases","documents":"/api/acts/financial-management-act-1996/documents"}}