Delegation and authorisation by Under Treasurer 56
Delegations and authorisations, general provisions about 57
Division 2 — Treasurer’s instructions
Treasurer’s instructions, issue of etc. 58
Division 3 — Miscellaneous powers and duties
Treasurer’s power to require information 58
Act of grace payments 59
Actions etc. inhibiting etc. Minister’s parliamentary functions prohibited 59
Ministerial decisions not to give Parliament certain information about agency to be reported to Parliament etc. 59
Division 4 — General
Laying documents before Parliament, supplementary provision about 60
Regulations 61
Review of Act 61
Schedule 1 — Statutory authorities
Schedule 2 — Modifications to the Act as to certain administrations and the Office of the Information Commissioner
Schedule 3 — Modifications to the Act as to the Office of the Auditor General
Notes
Compilation table 73
Uncommenced provisions table 77
Other notes 77
Defined terms
An Act to provide for the management, administration and reporting of the public finances of the State, and for related purposes.
Part 1 — Preliminary
1. Short title
This is the Financial Management Act 2006.
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Terms used
In this Act, unless the contrary intention appears —
accountable authority, of an agency, means the person or body determined under section 54, 55 or 56, as the case requires;
accounts, in paragraph (b)(i) of the definition of officer and in sections 56(1)(b), 63(2)(b), 64(1)(b) and 71, has the meaning given to that term in the Auditor General Act 2006 section 4(1);
agency means a department, a sub‑department or a statutory authority;
agency special purpose account means an account referred to in section 16(1);
annual estimates, of an agency for a financial year, means the annual estimates of the financial operations of the agency for the whole of the financial year under section 41(3);
Appropriation Act means an Act appropriating the Consolidated Account for a financial year for the recurrent services and other purposes for the year, or for the capital purposes for the year, as expressed in the Act;
bank means —
(a) an ADI (authorised deposit‑taking institution) as defined in the Commonwealth Banking Act 1959 section 5; or
(b) a bank constituted by a law of a State or the Commonwealth; or
(c) in relation to a bank not in Australia — a bank approved by the Treasurer;
Consolidated Account means the account of that name established by the Constitution Act 1889 section 64 and referred to in section 8;
department means a department of the Public Service other than —
(a) a department that is a statutory authority; or
(b) a department that, under the Public Sector Management Act 1994 section 3(3), is taken to be a part of an organisation as defined in section 3(1) of that Act;
draft annual estimates has the meaning given in section 40(1)(a);
draft resource agreement has the meaning given in section 42(1)(a);
estimates means the annual estimates of receipts and payments in respect of the Consolidated Account;
expense limit has the meaning given in section 42(2)(b)(iii);
Joint Standing Committee on Audit means the joint standing committee established by the Houses of Parliament under the Auditor General Act 2006 section 43;
Minister means —
(a) in relation to an agency that is a department or a sub‑department — the Minister to whom the administration of the department or sub‑department is committed by the Governor; or
(b) in relation to an agency that is a statutory authority constituted by or under an Act — the Minister to whom the administration of the Act by or under which the statutory authority is constituted is committed by the Governor; or
(c) in relation to an agency that is a statutory authority not constituted by or under an Act — the Minister to whom the administration of the statutory authority is for the time being committed by the Governor;
officer means a person —
(a) who is employed or engaged for the purposes of an agency, whether as a public service officer under the Public Sector Management Act 1994, under a contract for services or otherwise; and
(b) who is charged with or performs any duty consisting of or relating to —
(i) keeping the accounts of the agency; or
(ii) collecting, receiving, keeping in custody, banking or accounting for public money or other money or statutory authority money; or
(iii) disbursing public money or other money or statutory authority money; or
(iv) purchasing, receiving, issuing, selling, keeping in custody, controlling, managing or disposing of, or accounting for, public property or other property;
other money means money collected, received or held by the State or a statutory authority for or on behalf of a person other than the State or a statutory authority;
other property means property that is held by the State or a statutory authority for or on behalf of a person other than the State or a statutory authority;
Public Bank Account means the account of that name constituted under section 11 and includes any other account stated by this Act or another written law to form part of the Public Bank Account;
Public Bank Account Interest Earned Account means the account of that name referred to in section 10(d);
Public Ledger means the accounts referred to in section 7;
public money means money collected, received or held by any person for or on behalf of the State;
public property means all property, other than public money and statutory authority money, held for or on behalf of the State or a statutory authority;
resource agreement means a resource agreement under Part 3 Division 5;
special purpose account means an agency special purpose account or an account referred to in section 10;
statutory authority means a person or body listed in Schedule 1;
statutory authority money means money collected, received or held by any person for or on behalf of a statutory authority;
sub‑department means an entity in respect of which a declaration under section 56(2) has effect;
submission date —
(a) in relation to draft annual estimates — means the date designated under section 40(2)(a) by which the draft annual estimates must be submitted to the Minister; and
(b) in relation to a draft resource agreement — means the date designated under section 42(3)(a) by which the draft resource agreement must be submitted to the Treasurer;
Treasurer means the Treasurer of the State;
Treasurer’s instructions means instructions issued under section 78;
Treasury means the department of the Public Service principally assisting in the administration of this Act;
Under Treasurer means the chief executive officer of the Treasury.
[Section 3 amended: No. 12 of 2021 s. 4.]
4. Relationship of this Act with other laws
(1) Except as stated in subsection (2) or another provision of this Act, this Act prevails to the extent of any inconsistency with another written law (whether enacted before or after the commencement of this Act).
(2) Subsection (1) does not apply if another Act expressly states that, or to the effect that, a provision of that Act has effect despite the provisions, or a specified provision, of this Act.
5. Act modified for administration of certain bodies (Sch. 2)
(1) Despite the definition of department in section 3, the administration of each of the following —
(a) the Legislative Assembly;
(b) the Legislative Council;
(c) the Parliamentary Services Department;
(d) the Parliamentary Commissioner for Administrative Investigations,
[(e) deleted]
is taken to constitute a department for the purposes of this Act, and the regulations may provide that the administration of any other body or office established under a written law is taken to constitute one or more departments for the purposes of this Act.
(2) This Act has effect in relation to an administration that is referred to in subsection (1), or to a department of the Public Service known as the Office of the Information Commissioner, subject to the modifications that are set out in Schedule 2.
(3) This Act has effect in relation to the department of the Public Service known as the Office of the Auditor General subject to the modifications that are set out in Schedule 3.