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Financial Accountability Act 2009
sec.85When departments may enter into derivative transactions
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### sec.85 When departments may enter into derivative transactions
A department may enter into a derivative transaction under this division—
in its own name; or
in the name of a person who, under a Treasurer’s approval, has been appointed in writing by the department as its agent for this division.
The department may enter into a derivative transaction only if—
the Treasurer’s approval has been given for the department to enter into the derivative transaction or derivative transactions of that type; and
the department enters into the derivative transaction to hedge against a risk to which the department is or will be exposed.
To remove any doubt, it is declared that a department does not enter into a derivative transaction for the purposes of subsection (1) if the department merely takes over the administration of a derivative transaction entered into by another department under this section.
s 85 amd 2015 No. 4 s 56
(sec.85-ssec.1) A department may enter into a derivative transaction under this division— in its own name; or in the name of a person who, under a Treasurer’s approval, has been appointed in writing by the department as its agent for this division.
(sec.85-ssec.2) The department may enter into a derivative transaction only if— the Treasurer’s approval has been given for the department to enter into the derivative transaction or derivative transactions of that type; and the department enters into the derivative transaction to hedge against a risk to which the department is or will be exposed.
(sec.85-ssec.3) To remove any doubt, it is declared that a department does not enter into a derivative transaction for the purposes of subsection (1) if the department merely takes over the administration of a derivative transaction entered into by another department under this section.
- (a) in its own name; or
- (b) in the name of a person who, under a Treasurer’s approval, has been appointed in writing by the department as its agent for this division.
- (a) the Treasurer’s approval has been given for the department to enter into the derivative transaction or derivative transactions of that type; and
- (b) the department enters into the derivative transaction to hedge against a risk to which the department is or will be exposed.