1
Short title and commencement [see Note 1]...............
1 Short title and commencement [see Note 1]...............
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
This Act sets up the Auditor‑General and the Australian Audit Office, and prescribes how public money, loan money and trust money must be handled, recorded and reported. It requires departments and certain public bodies to prepare financial statements, submit to audits (including efficiency and project audits), and give the Auditor‑General access to records. It affects Ministers, accounting officers, departments and authorities: accounting officers must pay and account for receipts into the Commonwealth Public Account (ss.21–24), the Minister decides banking/investment arrangements and Trust Accounts (ss.20–22, 62A–62B), and the Auditor‑General decides audit scope and reports (ss.11, 50–51).
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Direct links to the current provisions in Audit Act 1901.
1 Short title and commencement [see Note 1]...............
2 Interpretation.................................
2AA Amounts deducted or set off deemed to be received or paid......
2A Application of Act..............................
2AB Responsibilities of Secretaries.......................
Part II—The Auditor‑General
3 Appointment of Auditor‑General................
4 Remuneration of Auditor‑General...............
4A Leave of absence...............................
4B Resignation..................................
5 Incapacity for other position........................
5A Auditor‑General to retire at sixty‑five.......
6 Rights of officers preserved........................
7 How removed from office or suspended.................
7A Removal taken to be retirement on ground of invalidity........
7B Retirement on ground of invalidity under the Superannuation Acts.
8 Acting appointment.............................
9A Remuneration of Acting Auditor‑General...........
11 Auditor‑General may appoint persons to inspect and audit accounts, and to carry out efficiency audits
11A Annual report of Auditor‑General...............
12 Reports by Auditor‑General to Minister............
13 Auditor‑General may call for persons and records......
14 Auditor‑General may administer oath.............
14A Application of sections 13 and 14.....................
14B Auditor‑General to have access to accounts and records..
14C Secrecy....................................
15 Auditor‑General may obtain opinion.............
Part III—Accounting officers
16 Persons subject to Act............................
18 Overdrafts not to be arranged without authority.............
Part IV—Collection of moneys and securities
20 Minister may agree with any bank for conducting business......
21 Commonwealth Public Account etc....................
21A Investment of moneys in Commonwealth Public Account.......
22 Accounting officers to pay money etc. to Minister or bank etc.....
23 Minister to pay money daily into bank..................
24 Accounting officers to furnish statements................
25 Private moneys collected by officers etc..................
26 Securities to be dealt with as directed...................
Part V—Payment of moneys
29 Notional items................................
30 Notional items taken to be items......................
31 Drawing of money from Commonwealth Public Account.......
32 Minister may make payments from Commonwealth Public Account
33 Secretary may make allocations in accordance with authorisation of Minister
33A Warrant procedure to apply to transfers between accounts......
33B Warrants not required for certain expenditure..............
34 Duties of paying, authorising and certifying officers..........
34A Act of grace payments...........................
35 Certain amounts deemed appropriated..................
35A Transfer of functions between Departments...............
36 Payments made after close of financial year...............
36A Debiting of expenditure charged to Minister’s advance........
36B Salary votes..................................
36C Application of repayments of expenditure................
37 Power to vary the annual appropriation..................
37A Refunds from Consolidated Revenue...................
37B Power of Minister to make certain payments without production of probate or letters of administration
Part VI—Audit and inspection
Division 1—Audit and inspection of accounts
38 Banker to forward bank statements and certificates to Minister and Auditor‑General
40 Accounts and records............................
41 Audit......................................
41A Auditor‑General to examine accounts of revenue......
41B Auditor‑General to examine accounts of expenditure....
41C Auditor‑General to examine accounts of stores.......
41D Special operations of Departments....................
42 Auditor‑General to question matters..............
45A Power to admit certain accounts......................
45B Auditor‑General may dispense with detailed audit......
Division 2—Efficiency audits
48A Interpretation.................................
48B Public authorities of the Commonwealth.................
48C Auditor‑General to carry out efficiency audits........
48D Efficiency audit extends to examination of certain procedures....
48E Investigations and access to premises and records...........
48F Reports concerning efficiency audits...................
48G Annual report concerning efficiency audits...............
Division 3—Audits of Australian Audit Office
48J Interpretation.................................
48K Audits of Australian Audit Office.....................
48L Powers of independent auditor.......................
48M Secrecy....................................
48N Reports of independent auditor concerning financial audits......
48P Reports of independent auditor concerning efficiency audits.....
Part VII—Statements and their audit
48Q Interpretation.................................
49 Minister’s monthly statement of financial transactions.........
50 Departmental financial statements.....................
50AA Financial statements guidelines......................
50AB Aggregate financial statements......................
50AC Amounts may be stated to next higher or lower dollar.........
50A Coin to be deemed metal until issued...................
51 Auditor‑General to audit and report..............
51A Information in respect of audits......................
52 Certain orders and legal opinions to be annexed to Auditor‑General’s report
53 Auditor‑General’s reports on aggregate financial statements to be transmitted to Parliament
53A Auditor‑General’s reports on Departmental financial statements to be given to Minister administering Department etc.
54 Project performance audits.........................
Part VIII—The Loan Fund
55 Separate account to be kept of Loan Fund................
57 Loan Fund expenditure to be covered by Act..............
58 Suspense accounts..............................
58A Receipts taken in reduction of expenditure charged to Loan Fund..
59 Provisions of Act to apply.........................
Part IX—The Trust Fund
60 Trust Fund..................................
61 Expenditure of Trust moneys.......................
62 Provisions of Act to apply in relation to Trust Fund..........
62A Trust accounts................................
62B Investment of moneys standing to credit of Trust Fund........
Part X—Moneys outside Australia and Naval expenditure
63 Moneys etc. outside Australia.......................
63A Australian Navy...............................
Part XI—Financial provisions relating to public authorities and certain other bodies
Division 1—General
63B Interpretation.................................
63C Application..................................
63CA Application of Part to new bodies.....................
Division 2—Public authorities required to keep accounts in accordance with commercial practice
63D Bank accounts................................
63E Investment of moneys............................
63F Proper accounts to be kept.........................
63G Audit......................................
63H Annual report and financial statements..................
Division 3—Public authorities not required to keep accounts in accordance with commercial practice
63J Bank accounts................................
63K Proper accounts to be kept.........................
63L Audit......................................
63M Annual report and financial statements..................
Division 3A—Public authorities audited by company auditors
63MA Interpretation.................................
63MB Discretionary power to report on company auditor...........
63MC Discretionary audit of accounts and records by Auditor‑General
63MD Discretionary report by Auditor‑General on financial statements
63ME Access to documents............................
63MF Avoidance of duplication of work.....................
Division 4—Miscellaneous
63N Definitions..................................
63P Audit etc. by arrangement.........................
63Q Audit fees...................................
63R Auditor‑General shall report on all cases of non‑compliance
Part XII—Penalties
64 Misappropriation of public moneys or stores..............
64A Misuse of Commonwealth credit cards..................
65 Forging or uttering documents.......................
66 Document in lieu of statutory declaration................
67 Persons failing to attend to give evidence etc...............
68 Persons taking false oath or making false declaration guilty of perjury
Part XIIA—Losses of, and damage to, public property
70AA Definition...................................
70AB Liability in respect of losses etc.......................
70AC Permanent Head to take action in respect of losses etc.........
70AD Recovery of amount.............................
70AE Burden of proof...............................
70AF Persons not liable twice in respect of same loss etc...........
70AG Application to prescribed authorities...................
Part XIII—Miscellaneous
70AH Method of paying salary..........................
70A Delegation by Minister...........................
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
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Audit Act 1901
Act No. 4 of 1901 as amended
[Note: This Act is repealed by Act No. 152 of 1997]
This compilation was prepared on 23 August 2000 taking into account amendments up to Act No. 189 of 1997
The text of any of those amendments not in force on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting, Attorney‑General’s Department, Canberra
Contents
Part I—Preliminary
1 Short title and commencement [see Note 1]...............
2 Interpretation.................................
2AA Amounts deducted or set off deemed to be received or paid......
2A Application of Act..............................
2AB Responsibilities of Secretaries.......................
Part II—The Auditor‑General
3 Appointment of Auditor‑General................
4 Remuneration of Auditor‑General...............
4A Leave of absence...............................
4B Resignation..................................
5 Incapacity for other position........................
5A Auditor‑General to retire at sixty‑five.......
6 Rights of officers preserved........................
7 How removed from office or suspended.................
7A Removal taken to be retirement on ground of invalidity........
7B Retirement on ground of invalidity under the Superannuation Acts.
8 Acting appointment.............................
9A Remuneration of Acting Auditor‑General...........
11 Auditor‑General may appoint persons to inspect and audit accounts, and to carry out efficiency audits
11A Annual report of Auditor‑General...............
12 Reports by Auditor‑General to Minister............
13 Auditor‑General may call for persons and records......
14 Auditor‑General may administer oath.............
14A Application of sections 13 and 14.....................
14B Auditor‑General to have access to accounts and records..
14C Secrecy....................................
15 Auditor‑General may obtain opinion.............
Part III—Accounting officers
16 Persons subject to Act............................
18 Overdrafts not to be arranged without authority.............
Part IV—Collection of moneys and securities
20 Minister may agree with any bank for conducting business......
21 Commonwealth Public Account etc....................
21A Investment of moneys in Commonwealth Public Account.......
22 Accounting officers to pay money etc. to Minister or bank etc.....
23 Minister to pay money daily into bank..................
24 Accounting officers to furnish statements................
25 Private moneys collected by officers etc..................
26 Securities to be dealt with as directed...................
Part V—Payment of moneys
29 Notional items................................
30 Notional items taken to be items......................
31 Drawing of money from Commonwealth Public Account.......
32 Minister may make payments from Commonwealth Public Account
33 Secretary may make allocations in accordance with authorisation of Minister
33A Warrant procedure to apply to transfers between accounts......
33B Warrants not required for certain expenditure..............
34 Duties of paying, authorising and certifying officers..........
34A Act of grace payments...........................
35 Certain amounts deemed appropriated..................
35A Transfer of functions between Departments...............
36 Payments made after close of financial year...............
36A Debiting of expenditure charged to Minister’s advance........
36B Salary votes..................................
36C Application of repayments of expenditure................
37 Power to vary the annual appropriation..................
37A Refunds from Consolidated Revenue...................
37B Power of Minister to make certain payments without production of probate or letters of administration
Part VI—Audit and inspection
Division 1—Audit and inspection of accounts
38 Banker to forward bank statements and certificates to Minister and Auditor‑General
40 Accounts and records............................
41 Audit......................................
41A Auditor‑General to examine accounts of revenue......
41B Auditor‑General to examine accounts of expenditure....
41C Auditor‑General to examine accounts of stores.......
41D Special operations of Departments....................
42 Auditor‑General to question matters..............
45A Power to admit certain accounts......................
45B Auditor‑General may dispense with detailed audit......
Division 2—Efficiency audits
48A Interpretation.................................
48B Public authorities of the Commonwealth.................
48C Auditor‑General to carry out efficiency audits........
48D Efficiency audit extends to examination of certain procedures....
48E Investigations and access to premises and records...........
48F Reports concerning efficiency audits...................
48G Annual report concerning efficiency audits...............
Division 3—Audits of Australian Audit Office
48J Interpretation.................................
48K Audits of Australian Audit Office.....................
48L Powers of independent auditor.......................
48M Secrecy....................................
48N Reports of independent auditor concerning financial audits......
48P Reports of independent auditor concerning efficiency audits.....
Part VII—Statements and their audit
48Q Interpretation.................................
49 Minister’s monthly statement of financial transactions.........
50 Departmental financial statements.....................
50AA Financial statements guidelines......................
50AB Aggregate financial statements......................
50AC Amounts may be stated to next higher or lower dollar.........
50A Coin to be deemed metal until issued...................
51 Auditor‑General to audit and report..............
51A Information in respect of audits......................
52 Certain orders and legal opinions to be annexed to Auditor‑General’s report
53 Auditor‑General’s reports on aggregate financial statements to be transmitted to Parliament
53A Auditor‑General’s reports on Departmental financial statements to be given to Minister administering Department etc.
54 Project performance audits.........................
Part VIII—The Loan Fund
55 Separate account to be kept of Loan Fund................
57 Loan Fund expenditure to be covered by Act..............
58 Suspense accounts..............................
58A Receipts taken in reduction of expenditure charged to Loan Fund..
59 Provisions of Act to apply.........................
Part IX—The Trust Fund
60 Trust Fund..................................
61 Expenditure of Trust moneys.......................
62 Provisions of Act to apply in relation to Trust Fund..........
62A Trust accounts................................
62B Investment of moneys standing to credit of Trust Fund........
Part X—Moneys outside Australia and Naval expenditure
63 Moneys etc. outside Australia.......................
63A Australian Navy...............................
Part XI—Financial provisions relating to public authorities and certain other bodies
Division 1—General
63B Interpretation.................................
63C Application..................................
63CA Application of Part to new bodies.....................
Division 2—Public authorities required to keep accounts in accordance with commercial practice
63D Bank accounts................................
63E Investment of moneys............................
63F Proper accounts to be kept.........................
63G Audit......................................
63H Annual report and financial statements..................
Division 3—Public authorities not required to keep accounts in accordance with commercial practice
63J Bank accounts................................
63K Proper accounts to be kept.........................
63L Audit......................................
63M Annual report and financial statements..................
Division 3A—Public authorities audited by company auditors
63MA Interpretation.................................
63MB Discretionary power to report on company auditor...........
63MC Discretionary audit of accounts and records by Auditor‑General
63MD Discretionary report by Auditor‑General on financial statements
63ME Access to documents............................
63MF Avoidance of duplication of work.....................
Division 4—Miscellaneous
63N Definitions..................................
63P Audit etc. by arrangement.........................
63Q Audit fees...................................
63R Auditor‑General shall report on all cases of non‑compliance
Part XII—Penalties
64 Misappropriation of public moneys or stores..............
64A Misuse of Commonwealth credit cards..................
65 Forging or uttering documents.......................
66 Document in lieu of statutory declaration................
67 Persons failing to attend to give evidence etc...............
68 Persons taking false oath or making false declaration guilty of perjury
Part XIIA—Losses of, and damage to, public property
70AA Definition...................................
70AB Liability in respect of losses etc.......................
70AC Permanent Head to take action in respect of losses etc.........
70AD Recovery of amount.............................
70AE Burden of proof...............................
70AF Persons not liable twice in respect of same loss etc...........
70AG Application to prescribed authorities...................
Part XIII—Miscellaneous
70AH Method of paying salary..........................
70A Delegation by Minister...........................
70B Guarantees by the Commonwealth....................
70BA Signing reports concerning certain authorities and other bodies etc..
70BB Audit of subsidiaries............................
70C Writing off, and waiver of rights to, certain moneys and stores....
70D Exempt accounts...............................
70E Liability of Auditor‑General etc.................
70F Non‑reporting of minor technical breaches..........
71 Regulations..................................
72 Directions by officers etc..........................
73 Guidelines by Ministers...........................
Notes
An Act to make provision for the Collection and Payment of the Public Moneys the Audit of the Public Accounts and the Protection and Recovery of Public Property and for other purposes
This Act may be cited as the Audit Act 1901, and shall come into operation on 1 January 1902.
(1) In this Act, unless the contrary intention appears:
accounting officer means a person who:
(a) is charged with the duty of collecting, receiving or accounting for, or collects, receives or accounts for, public moneys;
(b) is charged with the duty of disbursing, or disburses, public moneys; or
(c) is charged with the receipt, custody or disposal of, or the accounting for, or receives, has in his custody, disposes of or accounts for, stores.
Australian Audit Office means the branch of the Australian Public Service under the direct control of the Auditor‑General.
Department means:
(a) a Department of State; or
(b) a Department of the Parliament;
and includes a prescribed authority.
enactment means:
(a) an Act;
(b) an Ordinance of the Australian Capital Territory; or
(c) an instrument (including rules, regulations or by‑laws) made under an Act or under such an Ordinance.
information storage device means:
(a) a computer;
(b) papers or other materials on which there are marks, symbols, perforations or other indicators having a meaning for persons qualified to interpret them;
(c) a disk, tape or other device on which information may be stored; or
(d) a device, whether electronic or otherwise, capable of storing information.
officer means:
(a) a person who is employed by the Commonwealth;
(b) a person who:
(i) constitutes, or is acting as a person constituting, a prescribed authority;
(ii) is, or is acting as, a member of a prescribed authority or is a deputy of such a member; or
(iii) is employed by a prescribed authority;
(c) a member of the Defence Force;
(d) a member or special member of the Australian Federal Police; or
(f) a person employed by the Commonwealth (other than a person referred to in a preceding paragraph of this definition) who is included in a class of persons employed by the Commonwealth declared by the regulations to be a class of persons to whom this paragraph applies.
Ordinance, in relation to the Australian Capital Territory or an external Territory, includes a law that applies, or the provisions of a law that apply, in the Territory by virtue of an enactment.
prescribed authority means a body corporate, or an unincorporated body, established or constituted for a public purpose by or under an enactment, being a body:
(a) that is declared by the regulations to be a prescribed authority for the purposes of this Act; or
(b) that is included in a class of bodies so established or constituted declared by the regulations to be a class of prescribed authorities for the purposes of this Act and includes a branch of the Australian Public Service, or a class of such branches, prescribed for the purposes of this definition.
public moneys means revenue, loan, trust and other moneys received or held by any person for or on behalf of the Commonwealth or a prescribed authority, and includes all moneys forming part of the Consolidated Revenue Funds, the Loan Fund or the Trust Fund.
stores means chattels the property of, or in the possession or under the control of, the Commonwealth or a prescribed authority.
(2) A reference in this Act to an Appropriation Act for a financial year shall be read as a reference to an Act (whether cited as an Appropriation Act or otherwise) for the appropriation of moneys out of the Consolidated Revenue Fund for the service of that financial year or for specified expenditure in respect of that financial year.
(3) For the purposes of this Act, where a person collects, receives or holds a cheque or other instrument ordering or authorizing the payment of moneys, being an instrument of a kind that may be lodged with a bank for the purpose of enabling the bank to collect the moneys so payable and credit those moneys to an account with the bank, the person:
(a) shall be deemed to have collected or received, or to hold, as the case may be, an amount of moneys equal to the sum so payable; and
(b) if the moneys so payable would, if they had been collected, received or held by him as moneys, be public moneys, shall be deemed to have collected or received, or to hold, as the case may be, an amount of public moneys equal to the sum so payable.
(4) In this Act, unless the contrary intention appears, a reference to an efficiency audit of operations of a body or person shall be read as a reference to:
(a) an examination of the functions performed by, and the operations carried on by, the body or person for the purpose of forming an opinion concerning the extent to which those operations are being carried on in an economical and efficient manner; and
(b) an examination of the procedures that are followed by the body or person for reviewing operations carried on by the body or person, and an evaluation of the adequacy of those procedures to enable the body or person to assess the extent to which those operations are being carried
This is an opening excerpt, not the complete document.