44BConditions for entering into commitments

44B Conditions for entering into commitments

A person must not enter into a commitment requiring the expenditure of public moneys:

(a) unless a person who has authority to approve a proposal to spend the moneys has given that approval; and

(b) except in accordance with any terms specified in that approval; and

(c) unless the person who enters into the commitment is satisfied, after making such inquiries as are reasonable, that when the commitment is entered into:

(i) the Commonwealth is unable to obtain better value for the expenditure in all the circumstances; or

(ii) if compliance with a direction by a Minister prevents the Commonwealth from obtaining better value for the expenditure in all the circumstances — the Commonwealth will obtain the best value that is possible while complying with the direction; and

(d) unless:

(i) funds for the expenditure have been appropriated; or

(ii) a provision for the appropriation of funds for the expenditure is included in a proposed law submitted to the Parliament; or

(iii) having regard to an appropriation that is expected to be submitted to the Parliament, the Minister has given approval in writing for the commitment to be entered into; and

(e) unless the funds so appropriated or to be appropriated will be sufficient to meet the expenditure together with all other expected expenditure of those funds.