1Public Finance and Audit Act 1987

South Australia Public Finance and Audit Act 1987 An Act to regulate the receipt and expenditure of public money; to provide for auditing the receipt and expenditure of public money and for examination of the degree of efficiency, economy and effectiveness with which public resources are used; and for other purposes. Contents Part 1—Preliminary 1 Short title 4 Interpretation Part 2—Public finance Division 1—Provisions relating to the receipt and application of public money 5 Receipt of public money 6 Expenditure of money from Consolidated Account only in accordance with Parliamentary appropriation 7 Money received by instrumentalities of the Crown 8 Special deposit accounts 9 Imprest accounts 10 Application of money to honour cheques etc 11 Investment of public money by Treasurer Division 2—Appropriation by Governor for previously authorised purposes and appropriation for other purposes 12 Appropriation by Governor 13 Adjustment of levels of appropriation between departments 14 Reduction in level of appropriation by Governor 15 Appropriation by Treasurer for additional salaries, wages etc Division 3—Authority to borrow 16 Power to borrow Division 4—Financial arrangements, guarantees and indemnities etc 17 Interpretation 18 Financial arrangements 19 Guarantees and indemnities 20 Fees in respect of provision of guarantees and indemnities 20A Validity of transactions of semi-government authorities 20B Legal assistance costs Division 5—Deposits 21 Deposits Division 6—Treasurer's statements and statements of public authorities 22 Treasurer's statements 23 Delivery of financial statements to Auditor-General by public authority Part 3—Audit Division 1—The Auditor-General 24 Appointment of Auditor-General 25 Assistance in carrying out Auditor-General's function 26 Suspension of Auditor-General from office 27 Vacation of office of Auditor-General 28 Appointment of Deputy Auditor-General 29 Declaration to be made by Auditor-General and Deputy Auditor-General 30 Obligation to assist Auditor-General 30A Protection from liability Division 2—Audit of public and other accounts 31 Audit of public accounts etc 32 Audit etc of publicly funded bodies and projects and local government indemnity schemes 33 Audit of other accounts Division 3—Auditor-General's powers to obtain information 34 Powers of Auditor-General to obtain information Division 4—Audit of the accounts of the Auditor-General 35 Audit of accounts of the Auditor-General Division 5—The Auditor-General's report 36 Auditor-General's annual report 37 Recommendations by Auditor-General 38 Reports and other documents to be tabled before Parliament and published Division 6—Audit fees 39 Audit fees Part 4—Miscellaneous 40 Treasurer's quarterly statement 41 Treasurer's instructions 41AA Discretion as to refund or recovery of small amounts 41A Auditor-General to report on summaries of confidential government contracts 42 Delegations 42A Review of Act 43 Regulations Schedule—Transitional provisions 1 Special deposit accounts 2 Auditor-General and Deputy Auditor-General Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Public Finance and Audit Act 1987. 4—Interpretation (1) In this Act, unless the contrary intention appears— annual Appropriation Act means an Act (not being a Supply Act) that appropriates money from the Consolidated Account in respect of a particular financial year; Auditor‑General means the person for the time being holding, or acting in, the office of Auditor‑General; authorised officer means a person authorised by the Auditor‑General to conduct an audit or review, or to make an examination, under this Act; Chief Executive Officer of a public authority means— (a) if the public authority is a government department—the chief executive, or a person who has the powers and functions of Chief Executive Officer, of the government department; (b) if the public authority is a Minister—the Minister; (c) if the public authority is a statutory authority (not being a natural person or a corporation sole) or some other body—the chief executive of the authority or other body or, if there is no chief executive officer, the person entitled to preside at meetings of the governing body of the authority or other body; (d) if the public authority is a natural person or a corporation sole—that person or the person constituting the corporation; deposit account means an account referred to in Division 5 of Part 2; Deputy Auditor‑General means the person for the time being holding, or acting in, the office of Deputy Auditor‑General; Financial Agreement means the financial agreement dated the twelfth day of December, 1927, between the Commonwealth and the States, as amended; financial year in relation to a public authority means a period of 12 months in respect of which the authority prepares its accounts; general ledger means the ledger maintained by the Treasurer comprising accounts that summarise the financial transactions of the Treasurer; government department means an administrative unit of the Public Service; imprest account means an account established under section 9; local government indemnity scheme means a scheme conducted and managed under Schedule 1 clause 2 of the Local Government Act 1999; property means real or personal property and includes— (a) a chose in action; and (b) a present, future or contingent right, privilege, interest or power; public accounts means the Consolidated Account, special deposit accounts, deposit accounts, accounts of money deposited by the Treasurer with SAFA, imprest accounts and all other accounts shown in the general ledger; public authority means— (a) a government department; (b) a Minister; (c) a statutory authority— (i) that is an instrumentality of the Crown; or (ii) the accounts of which the Auditor‑General is required by law to audit; (d) such other body or person as is prescribed, but, subject to any other provision of this Act, does not include a statutory authority if the Act by or under which the authority is appointed or established provides for the auditing of the accounts of the authority by a person other than the Auditor‑General; publicly funded body means— (a) a council constituted under the Local Government Act 1999 or a subsidiary of such a council; or (b) any other body or person that carries out functions that are of public benefit and that has received money from the State by way of grant or loan; publicly funded project means a project or activity entirely or substantially funded out of money provided by— (a) the State; or (b) a council constituted under the Local Government Act 1999 or a subsidiary of such a council; repealed Audit Act means the Audit Act 1921 repealed by this Act; repealed Public Finance Act means the Public Finance Act 1936 repealed by this Act; SAFA means the South Australian Government Financing Authority established under the Government Financing Authority Act 1982; special deposit account means an account established under section 8; Supply Act means an Act that appropriates money from the Consolidated Account in respect of a particular financial year pending the enactment of an annual Appropriation Act in respect of that year; Treasurer's instructions means instructions issued by the Treasurer under Part 4; Treasurer's statements means the statements prepared by the Treasurer under Division 6 of Part 2. (2) In calculating the number of sitting days of a House of Parliament that has elapsed since a particular document was laid before the House, sitting days occurring before and after prorogation or dissolution of the House will be aggregated. Part 2—Public finance Division 1—Provisions relating to the receipt and application of public money 5—Receipt of public money Subject to this Act and to any other law to the contrary, there will be credited to the Consolidated Account— (a) money received by the Treasurer in repayment of loans and advances made from the Consolidated Account; (b) money received by the Treasurer from the Commonwealth; (c) money received by the Treasurer from the sale of property belonging to the Crown; (d) money borrowed by the Treasurer for the general purposes of the State (other than money paid to SAFA at the direction of the Treasurer); (e) all other revenue of the Crown that is not authorised by law to be credited to any other account. 6—Expenditure of money from Consolidated Account only in accordance with Parliamentary appropriation (1) Money must not be issued or applied from the Consolidated Account except under the authority of— (a) this Act; or (b) an annual Appropriation Act; or (c) a Supply Act; or (d) some other Act of Parliament. (2) The Treasurer must, when issuing or applying money from the Consolidated Account, act in accordance with the Act by or under which the money has been appropriated. 7—Money received by instrumentalities of the Crown (1) Subject to subsection (2), money received by an instrumentality of the Crown that should, but for this section, be paid into the Consolidated Account may, without appropriation by Parliament, be applied by the instrumentality in carrying out its functions. (2) The Treasurer may direct that money referred to in subsection (1) be paid into the Consolidated Account instead of being applied under that subsection. (3) A reference in this section to an instrumentality of the Crown does not extend to any such instrumentality that is a natural person or a corporation sole unless the regulations specifically provide that this section will apply to the instrumentality. 8—Special deposit accounts (1) The Treasurer, or a person to whom the Treasurer has delegated the Treasurer's powers under this subsection, may establish and maintain a special deposit account for an approved purpose of, or relating to, a government department. (2) Money payable to the Crown in relation to an approved purpose must, at the direction of the Treasurer, be credited to a special deposit account opened for that purpose. (3) The Treasurer may credit any money appropriated or provided in accordance with law for an approved purpose to a special deposit account opened under this section for that purpose. (4) The Treasurer may, without Parliamentary appropriation, issue and apply any money standing to the credit of a special deposit account for the purpose for which that account was opened. (5) Any surplus of income over expenditure standing to the credit of a special deposit account must, at the direction of the Treasurer, be credited to the Consolidated Account. (6) Subject to this section special deposit accounts must be operated in accordance with the Treasurer's instructions. (7) The Treasurer, or a person to whom the Treasurer has delegated the Treasurer's powers under this subsection, may approve a purpose of, or relating to, a government department for the purposes of this section and may vary or revoke such an approval at any time. (8) A reference in subsection (5)— (a) to income extends to income accrued but not received; and (b) to expenditure extends to costs incurred but not paid. (9) In this section— approved purpose means a purpose of, or relating to, a government department approved for the time being under subsection (7). 9—Imprest accounts (1) The Treasurer, or a person to whom the Treasurer has delegated the Treasurer's powers under this subsection, may establish an ADI account (an imprest account) in the name of a government department or the Chief Executive Officer of a government department. (2) The Treasurer may, without Parliamentary appropriation pay money into an imprest account. (3) Money standing to the credit of an imprest account— (a) may be withdrawn for one or more of the purposes of the government department; and (b) must be repaid to the Treasurer on demand. (4) Money expended from an imprest account must be recouped to the account from money appropriated or set aside for the same purpose. 10—Application of money to honour cheques etc Money issued from the Consolidated Account may be applied after the end of a financial year to honour cheques or other orders for the payment of money drawn by the Treasurer before the end of the financial year under the authority of an annual Appropriation Act or a Supply Act relating to that year. 11—Investment of public money by Treasurer The Treasurer may, on such terms and conditions as the Treasurer thinks fit, deposit or invest money under the Treasurer's control— (a) with the Reserve Bank of Australia; or (d) with a bank or any other prescribed ADI; or (e) with a dealer in the short term money market— (i) in relation to whom the Reserve Bank of Australia stands as a lender of last resort; or (ii) who has been declared by regulation to be an approved dealer for the purposes of this section; or (f) with SAFA; or (g) with a prescribed person or a person of a prescribed class; or (h) in a prescribed manner. Division 2—Appropriation by Governor for previously authorised purposes and appropriation for other purposes 12—Appropriation by Governor (1) The Governor may, in any financial year, appropriate from the Consolidated Account to the public purposes of the State, an amount not exceeding the maximum prescribed by subsection (2). (2) The maximum amount that may be appropriated under subsection (1) is— (a) three per cent of the total of the amounts set out in the annual Appropriation Acts for appropriation from the Consolidated Account in respect of the previous financial year; less (b) any amounts previously appropriated under this section and not recouped under subsection (4). (3) Money appropriated under subsection (1) may be issued and applied by the Treasurer for the public purposes of the State during the financial year in which it is appropriated. (4) Any money appropriated for any purpose by the Governor pursuant to this section in any financial year may be recouped to the Governor's Appropriation Fund out of any money subsequently voted by an annual Appropriation Act that is passed in the same financial year, and thereafter the balance of the Governor's Appropriation Fund will be increased by the amount so recouped. (5) For the purpose of determining the total amount that may be appropriated by the Governor in accordance with this section each amount so appropriated will be included once only in that determination despite the fact that it is, for any reason, recorded more than once in the Consolidated Account or in a schedule to that account. (6) In this section— Governor's Appropriation Fund in relation to a financial year means the money that the Governor is by subsection (1) authorised to appropriate in that year; public purposes of the State includes any purpose for which money is, under the provisions of any Act, required to be paid out of money to be provided or appropriated by Parliament. 13—Adjustment of levels of appropriation between departments If the amount appropriated for a particular government department or a particular purpose is insufficient for that department or purpose and the amount appropriated for another government department or another purpose exceeds the amount required for that department or purpose, the Governor may apply the excess, or any part of the excess, towards meeting the insufficiency. 14—Reduction in level of appropriation by Governor The Governor may, at any time, reduce the amount appropriated for a government department or purpose. 15—Appropriation by Treasurer for additional salaries, wages etc If by reason of the award, order or determination of a court, tribunal or other body empowered to fix salaries, wages or allowances, additional money is required to meet increases in salaries, wages, allowances, pay-roll tax or superannuation contributions payable to, or in respect of, employees whose salaries, wages or allowances are paid wholly or in part out of public money, the Treasurer may appropriate an amount sufficient to cover those increases from the Consolidated Account. Division 3—Authority to borrow 16—Power to borrow (1) Subject to the Financial Agreement, the Treasurer may borrow on behalf of the State such sums as are required for the purposes of the State. (2) Money borrowed by the Treasurer under this section (other than money borrowed by way of overdraft) must be credited to the Consolidated Account or must be paid to SAFA on such terms and conditions as the Treasurer thinks fit. (3) The Treasurer must not borrow money by way of overdraft in excess of the limit prescribed for that purpose by an annual Appropriation Act or a Supply Act. (4) The Treasurer may issue and apply money from the Consolidated Account— (a) in repayment of money borrowed under this section (other than money borrowed by way of overdraft) and credited to the Consolidated Account and in payment of interest or any other obligation in the nature of interest in relation to such borrowing; and (b) in payment of interest or any other obligation in the nature of interest in relation to money borrowed by way of overdraft. Division 4—Financial arrangements, guarantees and indemnities etc 17—Interpretation (1) In this Division— financial arrangement means— (a) a contract or arrangement under which a semi-government authority immediately or prospectively— (i) borrows money or obtains any other form of financial accommodation; or (ii) obtains the use or benefit of any other property owned by another person; or (b) a contract or arrangement entered into by a semi-government authority for the purpose of— (i) managing, protecting against or reducing risks arising from changes in currency exchange rates, interest rates or discount rates or managing, protecting against or reducing any other financial risks; or (ii) managing, obtaining or increasing financial returns from movements in currency exchange rates, interest rates or discount rates; or (c) a contract or arrangement entered into by a semi-government authority for any other purpose relating to its financial affairs that is of a kind declared by the Treasurer, by notice published in the Gazette, to be included in the ambit of this definition, but does not include a contract or arrangement of a kind excluded by the Treasurer, by notice published in the Gazette, from the ambit of this definition; guarantee includes a contract or arrangement of a prescribed kind; semi-government authority means a body corporate— (a) that— (i) is constituted of a Minister of the Crown; or (ii) has a governing body comprised of or including persons or a person appointed by the Governor or a Minister or other instrumentality of the Crown; or (iii) is financed wholly or in part out of public money; and (b) that is declared by proclamation to be a semi-government authority for the purposes of this Act, but does not include a council constituted under the Local Government Act 1999. (1a) A notice published by the Treasurer in the Gazette for the purposes of the definition of financial arrangement may be varied or revoked by the Treasurer by subsequent notice published in the Gazette. (2) The Governor may, by proclamation, declare a body corporate to be a semi-government authority for the purposes of this Act. (3) The Governor may, by proclamation, vary or revoke a declaration under subsection (2). 18—Financial arrangements (1) Despite the provisions of any other Act, a semi-government authority may, with the consent of the Treasurer, enter into a financial arrangement. (2) Despite the provisions of any other Act, a semi-government authority must not enter into a financial arrangement without the consent of the Treasurer. (3) The consent of the Treasurer under this section— (a) may be conditional; and (b) may relate to a proposed financial arrangement or may relate to financial arrangements of a particular kind or financial arrangements generally, that the semi-government authority may wish to enter into in the future; and (c) may be varied or revoked by the Treasurer at any time in respect of financial arrangements not yet entered into. (4) The Treasurer's consent is not required under this section to financial arrangements entered into by SAFA. (5) Subject to any express agreement to the contrary, a person who has entered into a financial arrangement with a semi-government authority is under no obligation— (a) to enquire into— (i) the manner in which the semi-government authority applies the money or other property provided under the arrangement; or (ii) the actions of the semi-government authority in relation to any other benefit provided under the arrangement; or (b) to take any action— (i) in relation to any misapplication of such money or property by the authority; or (ii) in relation to the actions of the authority in relation to any such benefit. (6) If under another Act a semi-government authority is not permitted to enter into a financial arrangement without the consent or approval of the Treasurer, the consent of the Treasurer under this section will be taken to be consent or approval for the purposes of the other Act even though the other Act may require consent or approval to the specific financial arrangement. 19—Guarantees and indemnities (1) The Treasurer may, for and on behalf of the State— (a) guarantee performance of obligations by a semi-government authority; (ab) guarantee performance of obligations by any other person if, in the opinion of the Treasurer, the guarantee will facilitate the carrying out by a semi-government authority of its functions; (b) indemnify any person against loss, expenditure or costs related to a contract to which a semi-government authority is a party, or a contract that is incidental, ancillary, or otherwise related to such a contract. (1a) A guarantee under subsection (1) may— (a) guarantee performance of existing or contingent obligations; or (b) guarantee performance of obligations for the benefit of a person who does not exist or who cannot be ascertained when the guarantee is given; or (c) guarantee performance of obligations that the semi-government authority incurs or assumes in the future. (1b) A guarantee under subsection (1) may— (a) refer specifically to the obligations guaranteed or refer to a class to which they belong; (b) be given by the Treasurer by notice in the Gazette or by written contract between the parties to the guarantee; (c) be varied or revoked by the Treasurer in respect of obligations not yet incurred or assumed by the semi-government authority. (1c) A guarantee given by notice in the Gazette may be varied or revoked under subsection (1b)(c) by notice in the Gazette. (2) The terms and conditions of a guarantee or indemnity under this section will be as determined by the Treasurer. (3) As a condition of giving a guarantee or indemnity under this section, the Treasurer may require an indemnity against liabilities that may arise under the guarantee or indemnity. (4) The money required to satisfy the obligations of the Treasurer under a guarantee or indemnity entered into under this section or under the repealed Public Finance Act will be paid out of the Consolidated Account which is appropriated for that purpose to the necessary extent. (5) This section— (a) applies in addition to the provisions of any other Act relating to guarantees and indemnities for the benefit of a body corporate that is a semi-government authority; (b) does not operate to exclude or diminish obligations of the Treasurer under any other Act or law. 20—Fees in respect of provision of guarantees and indemnities (1) Subject to subsection (4), if— (a) the Treasurer has provided a guarantee or indemnity either under this Act, the repealed Public Finance Act or under some other law; or (b) a guarantee or indemnity by the Treasurer has arisen by operation of law, the Treasurer may, during the currency of the guarantee or indemnity, charge periodic fees in respect of the provision of the guarantee or indemnity. (2) The amount of a periodic fee to be charged by the Treasurer under subsection (1) will, subject to the regulations, be fixed by the Treasurer. (3) A fee charged by the Treasurer under this section may be recovered as a debt. (4) The powers conferred by this section must not be exercised in relation to a guarantee under section 14 of the Industries Development Act 1941. 20A—Validity of transactions of semi-government authorities (1) Subject to subsection (2), a transaction to which a semi-government authority is a party or apparently a party (whether made or apparently made under the authority's common seal or by a person with authority to bind the semi-government authority) is not invalid because of— (a) any deficiency of power on the part of the authority; (b) any procedural irregularity on the part of the governing body or any member of the governing body of the authority or on the part of an employee or agent of the authority; (c) any procedural irregularity affecting the appointment of a member of the governing body of the authority or an employee or agent of the authority. (2) This section does not validate a transaction in favour of a party— (a) who enters into the transaction with actual knowledge of the deficiency or irregularity; or (b) who has a connection or relationship with the semi-government authority such that the person ought to know of the deficiency or irregularity. 20B—Legal assistance costs (1) The regulations may prescribe a scheme for the reimbursement of costs associated with the engagement of an independent legal practitioner by a Government employee, Government Board appointee, Minister or Member of Parliament. (2) Regulations under this section— (a) may be of general application or vary in their application according to prescribed factors; and (b) subject to subsection (3), may provide that any matter or thing is to be determined according to the discretion of a Minister, the Crown Solicitor or any other person. (3) Regulations providing for the reimbursement of costs to Ministers or Members of Parliament— (a) may provide that matters relating to whether criteria for reimbursement of costs have been met, whether the costs sought to be reimbursed are reasonable or whether interim payments should be made are to be determined by the Crown Solicitor (or a delegate of the Crown Solicitor); but (b) must not provide that any other matter or thing is to be determined according to the discretion of any person. (4) In this section— Government Board appointee means a member of a full‑time or part‑time board, committee, tribunal, trust, commission, council, authority, panel, taskforce, forum, working party or group— (a) established by or under an Act of Parliament of South Australia (excluding the Local Government Act 1999) and having a majority of members appointed by either a Minister or the Governor; or (b) established by a Minister or legal instrument such as a constitution or charter, having a majority of members appointed by either a Minister or the Governor, and includes a former Government Board appointee where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a Government Board appointee; Government employee means— (a) a public sector employee as defined by the Public Sector Act 2009; or (b) a person who is appointed to any office under an Act; or (c) a volunteer within the meaning of the Volunteers Protection Act 2001 where the work carried out by the volunteer is directed or coordinated by a public authority, and includes a former Government employee where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a Government employee; Member of Parliament includes a former Member where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a Member of Parliament; Minister includes a former Minister where the matter in respect of which the costs have been incurred concerns conduct that occurred at a time when that person was a Minister. Division 5—Deposits 21—Deposits (1) The Treasurer may accept money on deposit from any person on such terms and conditions as the Treasurer thinks fit. (2) Money deposited under subsection (1) must be recorded in a separate account established and maintained by the Treasurer, or by a person to whom the power to establish and maintain accounts has been delegated by the Treasurer, for that purpose. Division 6—Treasurer's statements and statements of public authorities 22—Treasurer's statements The Treasurer must, within 2 months after the expiration of each financial year deliver to the Auditor‑General— (a) the following statements in relation to that financial year: (i) a statement of the estimated and actual receipts to and payments from the Consolidated Account for that financial year classified under the headings and subheadings, and in the form of, the estimates of receipts and payments laid before Parliament supporting the annual Appropriation Act for that year; (ii) a statement of the sources and application of money recorded in the public accounts; (iii) a statement of the payments of a recurrent nature made from the Consolidated Account for the financial year, classified and arranged to show the net recurrent cost to the Consolidated Account of each of the various functions of Government and the total net cost of all such functions and the funds which have been applied to meet the total net cost; (iv) a statement naming the organisations, other than SAFA, with which the Treasurer invested funds during the financial year; (v) a statement of— (A) the special deposit accounts opened during the financial year; (B) the special deposit accounts in operation at the end of the financial year and the purpose for which each account was opened; (C) the balance of each special deposit account at the end of the financial year; (vi) a statement of the balances at the end of that financial year of all deposits lodged with the Treasurer; (vii) a statement of the imprest accounts in operation at the end of the financial year and the amount of unappropriated money paid into each account; (viii) a statement of the total indebtedness of the Treasurer; (ix) a statement of— (A) the amounts deposited or invested with, or otherwise provided by the Treasurer to, SAFA and the terms and conditions on which they were deposited, invested or otherwise provided; (B) the details of all transactions between the Treasurer and SAFA that are relevant to a proper assessment of the State's financial position; (x) the financial statements of SAFA for the financial year; (xi) a statement of— (A) the maximum amount that could have been appropriated from the Governor's Appropriation Fund pursuant to section 12; (B) the purposes for which money has been issued and applied from the Governor's Appropriation Fund and the amounts issued and applied; (xii) a statement of any amounts that were appropriated for a particular purpose but applied for another purpose in pursuance of section 13 and of the purposes for which those amounts were appropriated and of the purposes for which they were applied; (xiii) a statement of the Acts of Parliament under the authority of which money has been issued and applied from the Consolidated Account and the amounts issued and applied; (xiv) any other statements that the Treasurer thinks necessary; and (b) such written explanation of the statements as may be necessary. 23—Delivery of financial statements to Auditor-General by public authority (1) Subject to subsections (3) and (4), every public authority must, within 42 days after the end of the financial year of the authority, deliver to the Auditor‑General financial statements relating to that financial year that comply with the Treasurer's instructions. (2) The financial statements must be accompanied by a certificate as to compliance with the requirement that the statements— (a) are in accordance with the accounts and records of the authority; and (b) comply with relevant Treasurer's instructions; and (c) comply with relevant accounting standards; and (d) present a true and fair view of the financial position of the authority at the end of the financial year and the result of its operations and cash flows for the financial year. (2a) The certificate must be signed by— (a) the Chief Executive Officer of the public authority; and (b) the officer responsible for the financial administration of the public authority; and (c) if the public authority has a governing body comprised of a number of persons—the person entitled to preside at meetings of the governing body. (2b) A person who intentionally or recklessly provides the Auditor‑General with a certificate that does not comply with subsection (2) is guilty of an offence. Maximum penalty: $5 000. (2c) A certificate under subsection (2) must include a statement as to the effectiveness of the internal controls employed by the authority for the financial year over its financial reporting and its preparation of the financial statements. (3) The Treasurer must deliver the financial statements of SAFA to the Auditor‑General when delivering the Treasurer's statements under section 22. (4) The administrative unit established to assist the Auditor‑General in carrying out the Auditor‑General's functions under this Act must deliver its financial statements to the Treasurer. Part 3—Audit Division 1—The Auditor-General 24—Appointment of Auditor-General (1) There will be an Auditor‑General. (2) The Auditor‑General will be appointed by the Governor for an initial term of 7 years. (2a) A person appointed to be the Auditor-General is, at the end of a term of appointment, eligible for reappointment but cannot hold office for terms (including any period acting in the office of Auditor-General) that exceed 10 years in total. (3) The conditions of office of the Auditor‑General will, subject to this Act, be determined by the Governor. (4) The salary and allowances of the Auditor‑General will be determined by the Remuneration Tribunal and will be paid from the Consolidated Account which is appropriated for that purpose to the necessary extent. (5) The conditions of office of the Auditor‑General must not be varied while the Auditor‑General is in office so as to become less favourable to the Auditor‑General. (6) The Auditor‑General is not subject to the direction of any person as to— (a) the manner in which functions are carried out or powers are exercised by the Auditor‑General under this Act; or (b) the priority that he or she gives to a particular matter in carrying out functions under this Act. 25—Assistance in carrying out Auditor-General's function (1) The Governor must establish an administrative unit of the Public Service to assist the Auditor‑General in carrying out the Auditor‑General's functions under this Act. (2) The Auditor‑General will have the powers and functions of a chief executive in relation to the administrative unit established under subsection (1). (3) The Auditor‑General may, on such conditions as the Auditor‑General thinks fit, engage any person to provide services that are, in the Auditor‑General's opinion, necessary or desirable to assist the Auditor‑General in carrying out his or her functions under this Act. 26—Suspension of Auditor-General from office (1) The Governor may suspend the Auditor‑General from office— (a) for incompetence; or (b) for mental or physical incapacity to carry out official duties satisfactorily; or (c) for neglect of duty; or (d) if the Auditor‑General, without the written approval of the Governor, enters into paid employment, practises a profession or carries on a business on his or her own account; or (e) for failure to comply with the conditions of the Auditor‑General's appointment; or (f) for dishonourable conduct. (2) The Governor must— (a) when suspending the Auditor‑General deliver to him or her a statement of the reasons for the suspension; and (b) within 3 sitting days after the suspension deliver to the President of the Legislative Council and the Speaker of the House of Assembly a copy of the statement and the President and the Speaker must lay the copy before their respective Houses. (3) The Auditor‑General may deliver to the Governor and to the President of the Legislative Council and the Speaker of the House of Assembly a reply to the Governor's statement and the President and the Speaker must lay the reply before their respective Houses. (4) The Auditor‑General will be restored to office without loss of salary or other benefits unless, within 14 sitting days after the statement referred to in subsection (2) was laid before both Houses, the Auditor‑General is removed from office by resolution of both Houses of Parliament. 27—Vacation of office of Auditor-General The office of Auditor‑General becomes vacant if the Auditor‑General— (a) dies; (b) resigns by written notice to the Governor; (c) completes a term of office and is not reappointed; (d) becomes a member of Parliament of the State, the Commonwealth or of any other State of the Commonwealth or becomes a member of the Legislative Assembly of a Territory of the Commonwealth; (e) is convicted of an indictable offence or is punished for any offence by imprisonment; (f) becomes bankrupt, applies (as a debtor) to take the benefit of any law for the relief of bankrupt or insolvent debtors or compounds with his or her creditors for less than 100 cents in the dollar; (g) is absent from official duties for more than 30 days in any financial year without the leave of the Governor; (h) is removed from office by resolution of both Houses of Parliament. 28—Appointment of Deputy Auditor-General (1) There will be a Deputy Auditor‑General. (2) The Deputy Auditor‑General will be a Public Service employee. (3) The Deputy Auditor‑General will act in the office of Auditor‑General during any absence or incapacity of the Auditor‑General or during a vacancy in the office of Auditor‑General. 29—Declaration to be made by Auditor-General and Deputy Auditor-General Before undertaking their functions under this Act the Auditor‑General and the Deputy Auditor‑General must make a declaration in the prescribed form before Executive Council to act impartially in carrying out those functions. 30—Obligation to assist Auditor-General A person who is able to assist the Auditor‑General or an authorised officer in conducting an audit or review, or making an examination, under this Act by providing accounts, records or other documents or any other information or by giving the Auditor‑General or authorised officer access to any premises must give that assistance if requested to do so by the Auditor‑General or authorised officer. 30A—Protection from liability The Auditor‑General incurs no liability for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of powers, functions or duties under this Act or any other Act or law. Division 2—Audit of public and other accounts 31—Audit of public accounts etc (1) The Auditor‑General must— (a) audit the public accounts in respect of each financial year; (b) audit the accounts of each public authority in respect of the financial year of each authority. (2) When conducting an audit under subsection (1)(b) the Auditor‑General may examine the efficiency, economy and effectiveness with which a public authority uses its resources. (3) The Auditor‑General will not audit the accounts of the administrative unit established to assist the Auditor‑General in carrying out his or her functions under this Act. 32—Audit etc of publicly funded bodies and projects and local government indemnity schemes (1) The Auditor-General may— (a) audit the accounts of a publicly funded body and the controls exercised by a publicly funded body in relation to the receipt, expenditure and investment of money, the acquisition and disposal of property and the incurring of liabilities; or (b) examine or review the accounts of a publicly funded body; or (c) review the efficiency, economy and effectiveness of the activities of a publicly funded body; or (d) examine or review accounts relating to a publicly funded project and review the efficiency, economy and effectiveness of the project; or (e) examine or review accounts relating to a local government indemnity scheme and review the efficiency, economy and effectiveness of the scheme. (1a) An audit, review or examination may be made under this section even though the body, project or scheme to which the audit, review or examination relates has ceased to exist. (1b) The Auditor‑General must conduct an audit, review or examination under subsection (1) if requested to do so by the Treasurer or the Independent Commission Against Corruption. (1c) A person to whom information or a document is provided by the Auditor‑General or an authorised officer in connection with an audit, review or examination under this section must not disclose the information or document except as authorised under subsection (1d). Maximum penalty: $5 000 or imprisonment for 2 years. (1d) Information or a document may be disclosed if— (a) the disclosure is made with the consent of the person who provided the information; or (b) the disclosure is authorised or required under any other Act or law; or (c) the disclosure is authorised or required by a court or tribunal constituted by law; or (d) the disclosure is authorised by regulation. (1e) A person to whom a document containing a summary of findings of the Auditor‑General is provided in connection with an audit, review or examination under this section must not copy or otherwise reproduce the summary (in whole or part), except— (a) as is necessary for the purposes of making submissions or comments to the Auditor‑General in relation to the audit, review or examination; or (b) as is necessary for the purposes of obtaining legal advice in relation to the audit, review or examination; or (c) as otherwise authorised by regulation or by the Auditor‑General. Maximum penalty: $5 000 or imprisonment for 2 years. (2) After— (a) conducting any audit or making any examination under subsection (1); or (b) conducting a review under subsection (1) requested by the Treasurer or the Independent Commission Against Corruption, the Auditor‑General must prepare a report setting out the results of the audit, review or examination. (3) The Auditor‑General must deliver copies of a report under subsection (2) to— (a) any publicly funded body concerned in the audit, review or examination; and (b) if the audit, review or examination was requested by the Treasurer—the Treasurer; and (c) if the audit, review or examination was requested by the Independent Commission Against Corruption—the Independent Commission Against Corruption; and (d) the President of the Legislative Council and the Speaker of the House of Assembly. (4) After conducting a review of a publicly funded body, publicly funded project or local government indemnity scheme under subsection (1) (other than a review requested by the Treasurer or the Independent Commission Against Corruption), the Auditor‑General may prepare a report setting out the results of the review. (5) The following provisions apply to a report prepared under subsection (4): (a) the Auditor‑General must deliver copies of the report to— (i) any publicly funded body concerned in the review; and (ii) the President of the Legislative Council and the Speaker of the House of Assembly; (b) the Auditor‑General may deliver copies of the report to any other person the Auditor‑General thinks appropriate; (c) the Auditor‑General may publish a copy of the report in such manner as the Auditor‑General thinks appropriate. (6) A document or information (including data) may be annexed to a report under this section either by including a copy of the document or information in an annexure or by including in an annexure a reference to a website on which the document or information has been, or will be, published by the Auditor‑General. 33—Audit of other accounts (1) If a public authority carries out its functions partly or wholly in partnership or jointly with another person or through the instrumentality of a body corporate or other person or by means of a trust the Chief Executive Officer of the public authority must give written notice of that fact to the Auditor‑General. (2) The Auditor‑General may audit the accounts of a trustee, partner or other person (whether a body corporate or not) relating to functions carried out on behalf of, or in partnership or jointly with, a public authority or relating to functions carried out as the delegate or agent of a public authority, and may examine the efficiency, economy and effectiveness with which the body corporate, trustee, partner or other person carries out those functions. (3) If a public authority is the legal or beneficial owner of shares in a company and the company, or a subsidiary of the company, is the instrument used by the public authority to carry out some or all of its functions, the Auditor‑General may audit the accounts of— (a) the company in which the public authority owns shares; and (b) the subsidiary of the company; and (c) the companies (if any) in a chain of holding companies and subsidiaries between the company referred to in paragraph (a) and the subsidiary. (4) If the Auditor‑General is entitled under subsection (3) to audit the accounts of a company that is the instrument used by a public authority to carry out some or all of its functions, the Auditor‑General may examine the efficiency, economy and effectiveness with which the company carries out those functions. (5) For the purposes of subsection (3)— (a) a company is the holding company of another if it is the legal or beneficial owner of shares in the other company; (b) a company is the subsidiary of another company if any of its shares are owned legally or beneficially by the other company; (c) a group of companies form a chain of holding companies and subsidiaries if they can be arranged in a line with each company being the holding company of the company following it in the line. (6) The Auditor‑General may audit the accounts of a company and examine the efficiency, economy and effectiveness with which it conducts its affairs if— (a) a public authority is the legal or beneficial owner of more than 40 per cent of the issued share capital of the company; and (b) the Treasurer has given his or her consent to the audit and examination. (7) The Auditor‑General must audit the accounts of a company referred to in subsection (6) and examine the efficiency, economy and effectiveness with which it conducts its affairs if requested to do so by the Treasurer. (8) This section— (a) is in addition to the provisions of any other Act or law requiring the accounts of a company or other body corporate to be audited; and (b) is not in derogation of any such provisions. Division 3—Auditor-General's powers to obtain information 34—Powers of Auditor-General to obtain information (1) The Auditor‑General or an authorised officer may, in order to conduct an audit or review, or make an examination, under this Act— (a) by summons, require the appearance of any persons or the production of any relevant accounts, records or other documents; (b) inspect any such accounts, records or other documents and retain them for such reasonable period as he or she thinks fit, and make copies of them or of any of their contents; (c) require a person who has access to information that is, in the opinion of the Auditor‑General or the authorised officer, relevant to the audit, review or examination, to provide that information to the Auditor‑General or the authorised officer in writing; (d) require a person appearing before him or her to make an oath or affirmation (which the Auditor‑General or authorised officer may administer) to answer truthfully all questions relating to an audit, review or examination under this Act and to any accounts, records or other documents that are the subject of, or are related to, an audit, review or examination under this Act; (e) inspect— (i) any building or other premises; and (ii) any cash or goods situated in or on any building or other premises; and (iii) the operation of any public authority (or any agent, trustee, partner or other person who carries out the functions of a public authority) conducted in or on any building or other premises; (f) enter any building or other premises for the purpose of exercising the powers set out in this subsection. (2) If a person— (a) who has been served with a summons to appear before the Auditor‑General or an authorised officer fails, without reasonable excuse, to appear in obedience to the summons; (b) who has been served with a summons to produce relevant accounts, records or other documents fails, without reasonable excuse, to comply with the summons; (c) who has been required to provide information to the Auditor‑General or an authorised officer— (i) fails, without reasonable excuse, to do so in the form directed by the Auditor‑General or authorised officer; or (ii) provides information knowing it to be false or inaccurate in a material particular; (d) refuses to be sworn or to affirm, or refuses or fails to answer truthfully any relevant question, when required to do so by the Auditor‑General or an authorised officer; (e) hinders or obstructs the Auditor‑General or an authorised officer in the exercise of any powers under this section, the following provisions apply: (f) the person is guilty of an offence and is liable to a penalty of $5 000 or imprisonment for a term not exceeding three months; and (g) the Supreme Court may, on the application of the Auditor‑General or an authorised officer, order the person to take such action, or to refrain from taking such action, as is necessary in the Court's opinion for compliance by the person with this section. (3) A person may be required— (a) to answer a question put by the Auditor‑General or an authorised officer despite the fact that the answer to that question might result in, or tend towards, self-incrimination; or (b) to produce any accounts, records or other documents despite the fact that the production might result in, or tend towards, self-incrimination; or (c) to provide information despite the fact that the information might result in, or tend towards, self-incrimination, but if that person objects to answering a question the answer is not admissible against that person in any criminal proceedings (except in proceedings for perjury or proceedings under this section). (4) The Supreme Court need only be satisfied of the facts on which it bases an order under subsection (2)(g) on the balance of probabilities. (5) If, in the opinion of the Auditor‑General, a person has contravened, or failed to comply with, a requirement of this section, the Auditor‑General must, if in his or her opinion the matter is sufficiently serious, prepare a report setting out details of the contravention or failure and deliver copies of the report to the Treasurer and to the President of the Legislative Council and the Speaker of the House of Assembly. Division 4—Audit of the accounts of the Auditor-General 35—Audit of accounts of the Auditor-General (1) The Governor may appoint an auditor who is registered under the Corporations Act 2001 of the Commonwealth to audit the accounts of the administrative unit established to assist the Auditor‑General under this Act. (2) The auditor will, in conducting an audit and preparing a report under this Division, have the same powers, and be subject to the same requirements, as the Auditor‑General when auditing, and reporting on, the accounts of other public authorities. (3) The auditor must deliver to the Auditor‑General and the Treasurer a report of the audit conducted under this section. Division 5—The Auditor-General's report 36—Auditor-General's annual report (1) The Auditor‑General must prepare an annual report that— (a) states whether, in the Auditor‑General's opinion— (i) the Treasurer's statements reflect the financial transactions of the Treasurer as shown in the accounts and records of the Treasurer for the preceding financial year; (ii) the financial statements of each public authority reflect the financial position of the authority at the end of the preceding financial year and the results of its operations and cash flows for that financial year; (iii) the controls exercised by the Treasurer and public authorities in relation to the receipt, expenditure and investment of money, the acquisition and disposal of property and the incurring of liabilities is sufficient to provide reasonable assurance that the financial transactions of the Treasurer and public authorities have been conducted properly and in accordance with law; and (ab) sets out the examinations made under section 32 that have been completed during the preceding financial year and briefly describes the outcome of those examinations; and (b) sets out any matter that should, in the opinion of the Auditor‑General, be brought to the attention of Parliament and the Government. (1a) The Auditor‑General may annex documents or information (including data) to the annual report (including, without limitation, the financial statements of any public authorities and the financial statements of the administrative unit established to assist the Auditor‑General). (2) The Auditor‑General must, not later than the prescribed date, deliver copies of the annual report to the President of the Legislative Council and the Speaker of the House of Assembly. (3) The Auditor‑General may, if the Auditor‑General thinks fit to do so, prepare other reports (and annex documents or information (including data) to them) relating to matters required to be dealt with in an annual report and deliver each such report to the President of the Legislative Council and the Speaker of the House of Assembly. (4) A document or information (including data) may be annexed to a report under this section either by including a copy of the document or information (including data) in an annexure or by including in an annexure a reference to a website on which the document or information (including data) has been, or will be, published by the Auditor‑General. (5) If the President of the Legislative Council or the Speaker of the House of Assembly is absent at the time the Auditor‑General delivers to the Parliament a report under this section, the Clerk of the relevant House will receive the report on behalf of the President or the Speaker (as the case may be) and the report will then be taken to have been delivered to the President or the Speaker. 37—Recommendations by Auditor-General (1) If, in the opinion of the Auditor‑General, action is necessary or desirable in the public interest in relation to a matter that has come to the attention of the Auditor‑General in the course of an examination of the efficiency, economy and effectiveness with which a public authority uses its resources, the Auditor‑General must prepare a report recommending the action that, in the Auditor‑General's opinion, is necessary or desirable in relation to that matter. (2) The Auditor‑General must provide the Chief Executive Officer of a public authority with a draft of a proposed report under subsection (1) in respect of that authority and must afford the Chief Executive Officer a sufficient opportunity to reply in writing. (3) The Auditor‑General must— (a) deliver the report and any reply from the Chief Executive Officer of the public authority in response to the report to the Treasurer and to the responsible Minister; and (b) inform the President of the Legislative Council and the Speaker of the House of Assembly of the matter, either by way of the annual report or by way of a special report prepared for the purpose. 38—Reports and other documents to be tabled before Parliament and published (1) The President of the Legislative Council and the Speaker of the House of Assembly must, not later than the first sitting day after a report and other documents have been delivered (or are taken to have been delivered) to the President or the Speaker by the Auditor‑General under this Part, lay them before their respective Houses. (2) Subject to subsection (3), the Auditor‑General may, after a report has been delivered (or is taken to have been delivered) to the President of the Legislative Council and the Speaker of the House of Assembly under this Part, publish the report and any documents annexed to the report on a website determined by the Auditor‑General or in such other manner as the Auditor‑General thinks fit. (3) If the day immediately following the day on which the report is delivered (or is taken to have been delivered) is a sitting day for either House of the Parliament, the Auditor‑General must not publish the report and other documents in accordance with subsection (2) until the report has been laid before a House of the Parliament. (4) The Auditor‑General must ensure that any of the following documents that are not annexed to the annual report of the Auditor‑General are published (on a website determined by the Auditor‑General or in such other manner as the Auditor‑General thinks fit) as soon as reasonably practicable after the annual report has been laid before a House of the Parliament: (a) the audited financial statements of public authorities; (b) the financial statements of the administrative unit established to assist the Auditor‑General. Division 6—Audit fees 39—Audit fees (1) If the Auditor‑General audits the accounts of a public authority, publicly funded body or other person the authority, body or person may be required to pay a fee to the Auditor‑General. (2) The Auditor‑General will, with the approval of the Treasurer, fix the amount of the fee. (3) The fee may be recovered by action in a court of competent jurisdiction. Part 4—Miscellaneous 40—Treasurer's quarterly statement (1) The Treasurer must publish a statement in the Gazette in respect of each quarter setting out the following— (a) details of the amounts credited to and issued from the Consolidated Account; (b) a summary of differences between those amounts and the amounts of money credited to and issued from the Consolidated Account during the corresponding quarter in the previous financial year; (c) any explanation that the Treasurer considers necessary of differences between the Treasurer's forecasts of the amounts to be credited to and issued from the Consolidated Account and the amounts in fact credited and issued. (2) In this section— quarter means a period of 3 months ending on 30 September, 31 December, 31 March or 30 June. 41—Treasurer's instructions (1) The Treasurer may issue instructions— (a) requiring accounts to be maintained and records to be made and kept by the Treasurer and public authorities and setting out the form and content of those accounts and records; (b) setting out the form and content of financial statements that must be prepared by the Treasurer and public authorities pursuant to this Act; (c) requiring that procedures, set out in the instructions, be followed in the course of financial administration by the Treasurer and public authorities; (d) requiring that procedures, set out in the instructions, be followed in the operation of special deposit accounts; (e) setting out the procedures and processes for the rendering of invoices and claims with respect to public authorities, to specify a public authority or other entity to which specified classes of invoices or claims must be rendered or sent, to make provision with respect to the form of any invoice or claim, and to make any other provision with respect to the payment of debts by a public authority (including in connection with a scheme to provide for the payment of interest due to the late payment of specified classes of debts); (f) otherwise regulating matters related to the receipt, expenditure or investment of money, the acquisition or disposal of property, or the incurring of liabilities, by the Treasurer and public authorities. (2) A person who contravenes or fails to comply with an instruction issued by the Treasurer under this section is guilty of an offence. Maximum penalty: $1 000. (3) The Treasurer may revoke or vary an instruction issued under this section. (4) Treasurer's instructions may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by the Australian Accounting Standards Board (established under the Australian Securities and Investments Commission Act 2001 of the Commonwealth), Standards Australia or a prescribed body, either as in force at the time the instructions are issued or as in force from time to time. (5) If a code, standard or other document is referred to or incorporated in Treasurer's instructions, evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Treasurer to be a true copy of the code, standard or other document. (6) Treasurer's instructions are to be interpreted as being consistent with an Act conferring functions or powers on a public authority if it is possible for the public authority to comply with both the Act and the Treasurer's instructions in the performance or exercise of the functions or powers. (7) In particular, if an Act confers on a public authority power to enter a contract or manage or apply a fund or other powers relevant to the receipt, management or expenditure of money, the acquisition or disposal of property or the incurring of liabilities, the authority must, in exercising the power, comply with Treasurer's instructions (including by obtaining any approval required by the instructions) unless it is not possible for the authority to do so and to also comply with any requirements relating to the exercise of the power under the Act. 41AA—Discretion as to refund or recovery of small amounts (1) This section applies to a fee, charge or other amount that is required under an Act to be paid to a public authority or public officer. (2) This section is in addition to, and does not derogate from, a provision of another Act relating to the recovery of amounts payable under that Act or the payment of refunds. (3) If for any reason a fee, charge or other amount to which this section applies is overpaid and the amount overpaid does not exceed the prescribed amount, despite any other Act, there is no requirement for the public authority or public officer to refund the overpayment, and the amount of the overpayment may be retained, unless the person who made the overpayment requests a refund within 12 months of the date of the overpayment. (4) If for any reason a fee, charge or other amount to which this section applies is underpaid by an amount that does not exceed the prescribed amount, despite any other Act, an authorised person may waive recovery of the underpayment. (5) The Minister responsible for the administration of an Act under which a fee, charge or other amount to which this section applies is payable may, by instrument in writing— (a) authorise a specified person, or person occupying a specified position, to waive the recovery of underpayments of the fee, charge or other amount, subject to any conditions specified in the instrument; (b) vary or revoke an authorisation under this subsection. (6) This section does not apply to— (a) an expiation fee; or (b) an expiation reminder fee; or (c) an amount that a court or tribunal has ordered to be paid; or (d) a fee, charge or other amount of a kind prescribed by regulation for the purposes of this section. (7) In this section— authorised person in relation to a fee, charge or other amount payable under an Act, means a person acting in accordance with an authorisation given under this section by the Minister responsible for the administration of the Act. 41A—Auditor-General to report on summaries of confidential government contracts (1) This section applies to a contract— (a) to which the Crown, a public authority or a publicly funded body is a party; and (b) the contents of which are affected by contractual or other requirements as to confidentiality. (2) The Auditor‑General must, at the request of a Minister, examine any document prepared for the purposes of this section as a summary of the contents of a contract to which this section applies and report (with reasons, as the Auditor‑General thinks necessary) the Auditor‑General's opinion on the adequacy of the document as a summary of the contents of the contract, having regard to the requirements as to confidentiality affecting the contents of the contract. (3) The Auditor‑General may, in preparing a report under this section, consult with any Minister in relation to a matter to which the report relates. (4) The Auditor‑General must deliver copies of a report prepared under this section to the Minister who requested the report and to the President of the Legislative Council and the Speaker of the House of Assembly. (5) The President of the Legislative Council and the Speaker of the House of Assembly must, not later than the first sitting day after receiving a report under this section, lay copies of the report before their respective Houses. (6) Without affecting the requirement to comply with subsection (5), the President or the Speaker may, on receipt of a report at a time when Parliament is not in session or is adjourned, deliver a copy of the report to a committee of Parliament inquiring into a matter to which the report is relevant. 42—Delegations A delegation to a person by the Treasurer under this Act— (a) may be to a specified person or to a person occupying or acting in a specified position; and (b) must be in writing; and (c) may be absolute or conditional; and (d) does not derogate from the power of the Treasurer to act in a matter; and (e) is revocable at will by the Treasurer. 42A—Review of Act (1) The Minister must cause a review of the operation of this Act to be undertaken, and a report on the review to be prepared and submitted to the Minister. (2) The review must be completed, and the report on the review submitted to the Minister, within 2 years of the commencement of this section. (3) The Minister must cause a copy of the report provided under this section to be laid before both Houses of Parliament within 6 sitting days after receiving the report. 43—Regulations (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) In particular those regulations may— (a) prescribe requirements for the proper management of money by the Treasurer and public authorities; and (b) impose a penalty, not exceeding $1 000, for contravention of, or failure to comply with, a regulation. Schedule—Transitional provisions 1—Special deposit accounts A reference in this Act to a special deposit account includes an account that was a special deposit account, or was deemed to be a special deposit account, under the repealed Public Finance Act immediately before the commencement of this Act. 2—Auditor-General and Deputy Auditor-General (1) The person who, immediately before the repeal of the Audit Act 1921 by this Act, held the office of Auditor‑General will be deemed to have been appointed to the office of Auditor‑General under this Act (without loss of accrued and accruing rights) on the conditions subject to which that person held office under the repealed Act. (2) The first Deputy Auditor‑General under this Act will be the person who held the office of Deputy Auditor‑General immediately before the repeal of the Audit Act 1921 by this Act. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation repealed by principal Act The Public Finance and Audit Act 1987 repealed the following: Audit Act 1921 Public Finance Act 1936 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1987 54 Public Finance and Audit Act 1987 7.5.1987 1.7.1987 except s 22(a)(v)(C)—1.7.1988 (Gazette 25.6.1987 p1610) 1990 18 Statutes Repeal and Amendment (Remuneration) Act 1990 19.4.1990 19.4.1990 (Gazette 19.4.1990 p1136) 1993 6 Public Finance and Audit (Miscellaneous) Amendment Act 1993 11.3.1993 1.7.1987 except s 3(c) & (e)—1.7.1992 and except ss 3(a), (b) & (d), 4—7, 12—19—11.3.1993: s 2 1994 17 State Bank (Corporatisation) Act 1994 12.5.1994 Sch 4—1.7.1994 (Gazette 23.6.1994 p1784) 1994 77 Public Finance and Audit (Local Government Controlling Authorities) Amendment Act 1994 8.12.1994 8.12.1994 1996 45 Public Finance and Audit (Powers of Enquiry) Amendment Act 1996 20.6.1996 1.7.1987: s 2 1997 16 Public Finance and Audit (Miscellaneous) Amendment Act 1997 27.3.1997 21.8.1997 (Gazette 21.8.1997 p408) 1999 33 Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 42)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2(2) 2001 23 Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 28 (s 98)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270) 2007 12 Public Finance and Audit (Refund or Recovery of Small Amounts) Amendment Act 2007 5.4.2007 3.12.2007 (Gazette 5.7.2007 p2966) 2007 32 Public Finance and Audit (Certification of Financial Statements) Amendment Act 2007 9.8.2007 31.12.2007 (Gazette 6.9.2007 p3663) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 126 (ss 287 & 288)—1.2.2010 (Gazette 28.1.2010 p320) 2012 52 Independent Commissioner Against Corruption Act 2012 6.12.2012 Sch 3 (cll 68—70)—1.9.2013 (Gazette 23.5.2013 p2006) 2012 54 Statutes Amendment and Repeal (Budget 2012) Act 2012 6.12.2012 Pt 9 (s 31)—15.2.2013 (Gazette 7.2.2013 p262) 2013 82 Late Payment of Government Debts (Interest) Act 2013 5.12.2013 Sch 1 (cl 2)—17.2.2014 (Gazette 13.2.2014 p886) 2015 3 Public Finance and Audit (Treasurer's Instructions) Amendment Act 2015 2.4.2015 2.4.2015 2018 10 Public Finance and Audit (Miscellaneous) Amendment Act 2018 9.8.2018 13.9.2018 (Gazette 13.9.2018 p3478) 2021 26 Statutes Amendment (Local Government Review) Act 2021 17.6.2021 Pt 9 (ss 202 to 206)—20.9.2021 (Gazette 16.9.2021 p3548) 2021 38 Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 7.10.2021 Sch 1 (cll 51 & 76)—7.10.2021: s 2 2023 31 Statutes Amendment (Ombudsman and Auditor-General) Act 2023 2.11.2023 Pt 3 (ss 3 to 5) & Sch 1 (cl 1(2))—2.11.2023 2024 52 Independent Commission Against Corruption (Miscellaneous) Amendment Act 2024 21.11.2024 Sch 1 (cll 2 & 3)—21.11.2024: s 2(1) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 10/2018 s 4 13.9.2018 Pt 1 s 2 and 3 omitted under Legislation Revision and Publication Act 2002 s 4 s 4(1) authorised officer amended by 26/2021 s 202 20.9.2021 Chief Executive Officer amended by 6/1993 s 3(a) 11.3.1993 amended by 3/2015 Sch 1 2.4.2015 general ledger amended by 3/2015 Sch 1 2.4.2015 government department amended by 84/2009 s 287 1.2.2010 local government indemnity scheme inserted by 52/2012 Sch 3 cl 68(1) 1.9.2013 property inserted by 3/2015 s 3 2.4.2015 public authority amended by 6/1993 s 3(b) 11.3.1993 amended by 6/1993 s 3(c) 1.7.1992 amended by 3/2015 Sch 1 2.4.2015 publicly funded body amended by 6/1993 s 3(d) 11.3.1993 amended by 77/1994 s 2 8.12.1994 amended by 52/2012 Sch 3 cl 68(2) 1.9.2013 publicly funded project inserted by 45/1996 s 3 1.7.1987 amended by 52/2012 Sch 3 cl 68(3) 1.9.2013 prescribed public authority deleted by 32/2007 s 4 31.12.2007 s 4(2) amended by 3/2015 Sch 1 2.4.2015 s 4(3) and (4) inserted by 6/1993 s 3(e) 1.7.1992 deleted by 17/1994 Sch 4 cl 8(a) 1.7.1994 Pt 2 Pt 2 Div 1 s 5 amended by 3/2015 s 4 2.4.2015 s 8 s 8(1) amended by 10/2018 s 5(1) 13.9.2018 s 8(4) amended by 6/1993 s 4(a) 11.3.1993 s 8(5) substituted by 6/1993 s 4(b) 11.3.1993 s 8(7) substituted by 6/1993 s 4(c) 11.3.1993 amended by 10/2018 s 5(2) 13.9.2018 s 8(9) inserted by 6/1993 s 4(d) 11.3.1993 approved purpose amended by 10/2018 s 5(3) 13.9.2018 s 9 s 9(1) amended by 33/1999 Sch (item 42(a)) 1.7.1999 amended by 10/2018 s 6 13.9.2018 s 9(4) amended by 6/1993 s 5 11.3.1993 s 11 (c) deleted by 17/1994 Sch 4 cl 8(b) 1.7.1994 amended by 33/1999 Sch (item 42(b)) 1.7.1999 (b) deleted by 33/1999 Sch (item 42(b)) 1.7.1999 Pt 2 Div 2 s 12 s 12(5) amended by 3/2015 Sch 1 2.4.2015 s 12(6) Governor's Appropriation Fund amended by 3/2015 Sch 1 2.4.2015 public purposes of the State amended by 3/2015 Sch 1 2.4.2015 s 13 amended by 3/2015 Sch 1 2.4.2015 s 15 amended by 6/1993 s 6 11.3.1993 amended by 3/2015 Sch 1 2.4.2015 Pt 2 Div 3 s 16 s 16(3) amended by 6/1993 s 7 11.3.1993 Pt 2 Div 4 heading amended by 6/1993 s 8 1.7.1987 amended by 52/2024 Sch 1 cl 2 21.11.2024 s 17 s 17(1) credit arrangement deleted by 6/1993 s 9(a) 1.7.1987 financial arrangement inserted by 6/1993 s 9(a) 1.7.1987 semi-government authority amended by 3/2015 Sch 1 2.4.2015 s 17(1a) inserted by 6/1993 s 9(b) 1.7.1987 s 18 substituted by 6/1993 s 10 1.7.1987 s 18(1) and (2) amended by 3/2015 Sch 1 2.4.2015 s 18(4) amended by 17/1994 Sch 4 cl 8(c) 1.7.1994 amended by 54/2012 s 31 15.2.2013 s 18(6) amended by 3/2015 Sch 1 2.4.2015 s 19 s 19(1) amended by 6/1993 s 11(a) 1.7.1987 s 19(1a)—(1c) inserted by 6/1993 s 11(b) 1.7.1987 s 19(5) substituted by 6/1993 s 11(c) 1.7.1987 s 20 s 20(1) amended by 3/2015 Sch 1 2.4.2015 s 20A inserted by 6/1993 s 12 11.3.1993 s 20B inserted by 52/2024 Sch 1 cl 3 21.11.2024 Pt 2 Div 5 s 21 s 21(2) amended by 10/2018 s 7 13.9.2018 Pt 2 Div 6 s 22 amended by 6/1993 s 13 11.3.1993 s 23 s 23(2) substituted by 32/2007 s 5 31.12.2007 s 23(2a)—(2c) inserted by 32/2007 s 5 31.12.2007 Pt 3 s 24 s 24(2) amended by 31/2023 s 3(1) 2.11.2023 s 24(2a) inserted by 31/2023 s 3(2) 2.11.2023 s 24(4) amended by 18/1990 s 22 19.4.1990 amended by 31/2023 s 3(3) 2.11.2023 s 25 s 25(1) amended by 84/2009 s 288(1) 1.2.2010 s 25(2) substituted by 84/2009 s 288(2) 1.2.2010 s 27 amended by 31/2023 s 4 2.11.2023 s 28 s 28(2) amended by 3/2015 Sch 1 2.4.2015 s 30 amended by 26/2021 s 203 20.9.2021 s 30A inserted by 6/1993 s 14 11.3.1993 s 31 s 31(2) amended by 10/2018 s 8 13.9.2018 s 32 substituted by 6/1993 s 15 11.3.1993 s 32(1) substituted by 45/1996 s 4 1.7.1987 amended by 52/2012 Sch 3 cl 69(1), (2) 1.9.2013 amended by 10/2018 s 9(1), (2) 13.9.2018 substituted by 26/2021 s 204(1) 20.9.2021 s 32(1a) inserted by 45/1996 s 4 1.7.1987 amended by 52/2012 Sch 3 cl 69(3) 1.9.2013 amended by 26/2021 s 204(2) 20.9.2021 s 32(1b) inserted by 52/2012 Sch 3 cl 69(4) 1.9.2013 amended by 26/2021 s 204(3) 20.9.2021 amended by 38/2021 Sch 1 cl 51(1) 7.10.2021 s 32(1c)—(1e) inserted by 26/2021 s 204(4) 20.9.2021 s 32(2) substituted by 26/2021 s 204(5) 20.9.2021 amended by 38/2021 Sch 1 cl 51(2) 7.10.2021 s 32(3) substituted by 52/2012 Sch 3 cl 69(5) 1.9.2013 amended by 26/2021 s 204(6), (7) 20.9.2021 amended by 38/2021 Sch 1 cl 51(3) 7.10.2021 s 32(4) inserted by 26/2021 s 204(8) 20.9.2021 amended by 38/2021 Sch 1 cl 51(4) 7.10.2021 s 32(5) and (6) inserted by 26/2021 s 204(8) 20.9.2021 s 33 s 33(1) amended by 3/2015 Sch 1 2.4.2015 s 33(2) substituted by 6/1993 s 16 11.3.1993 amended by 10/2018 s 10(1) 13.9.2018 s 33(3) inserted by 6/1993 s 16 11.3.1993 amended by 3/2015 Sch 1 2.4.2015 s 33(4) inserted by 6/1993 s 16 11.3.1993 amended by 3/2015 Sch 1 2.4.2015 amended by 10/2018 s 10(2) 13.9.2018 s 33(5) inserted by 6/1993 s 16 11.3.1993 s 33(6) inserted by 6/1993 s 16 11.3.1993 amended by 10/2018 s 10(3) 13.9.2018 s 33(7) inserted by 6/1993 s 16 11.3.1993 amended by 10/2018 s 10(4) 13.9.2018 s 33(8) inserted by 6/1993 s 16 11.3.1993 s 34 s 34(1) amended by 26/2021 s 205(1), (2) 20.9.2021 s 34(2) amended by 6/1993 s 17(a) 11.3.1993 s 34(3) amended by 6/1993 s 17(b) 11.3.1993 amended by 3/2015 Sch 1 2.4.2015 s 34(4) inserted by 6/1993 s 17(c) 11.3.1993 s 34(5) inserted by 6/1993 s 17(c) 11.3.1993 amended by 3/2015 Sch 1 2.4.2015 s 35 s 35(1) amended by 23/2001 s 98 15.7.2001 s 36 s 36(1) amended by 32/2007 s 6 31.12.2007 amended by 52/2012 Sch 3 cl 70 1.9.2013 s 36(1a) inserted by 10/2018 s 11(1) 13.9.2018 amended by 26/2021 s 206(1) 20.9.2021 s 36(2) amended by 6/1993 s 18 11.3.1993 substituted by 10/2018 s 11(1) 13.9.2018 s 36(3) inserted by 16/1997 s 3 21.8.1997 amended by 10/2018 s 11(2) 13.9.2018 amended by 26/2021 s 206(2) 20.9.2021 s 36(4) inserted by 10/2018 s 11(3) 13.9.2018 amended by 26/2021 s 206(3), (4) 20.9.2021 s 36(5) inserted by 10/2018 s 11(3) 13.9.2018 s 37 s 37(1) amended by 3/2015 Sch 1 2.4.2015 amended by 10/2018 s 12 13.9.2018 s 38 s 38(1) s 38 amended by 6/1993 s 19 11.3.1993 s 38 amended and redesignated as s 38(1) by 10/2018 s 13(1), (2) 13.9.2018 s 38(2)—(4) inserted by 10/2018 s 13(2) 13.9.2018 s 39 s 39(1) amended by 3/2015 Sch 1 2.4.2015 Pt 4 s 41 s 41(1) amended by 82/2013 Sch 1 cl 2 17.2.2014 amended by 3/2015 s 5(1) 2.4.2015 s 41(4) substituted by 3/2015 s 5(2) 2.4.2015 s 41(5)—(7) inserted by 3/2015 s 5(2) 2.4.2015 s 41AA inserted by 12/2007 s 4 3.12.2007 s 41A inserted by 16/1997 s 4 21.8.1997 s 42 deleted by 3/2015 Sch 1 2.4.2015 inserted by 10/2018 s 14 13.9.2018 s 42A inserted by 31/2023 s 5 2.11.2023 Transitional etc provisions associated with Act or amendments Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21 76—Savings and transitional regulations Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act. Statutes Amendment (Ombudsman and Auditor-General) Act 2023, Sch 1 1—Transitional provisions (2) The amendments to the Public Finance and Audit Act 1987 effected by Part 3 of this Act (other than section 5) do not apply to the person holding office as Auditor-General on the commencement of this Act. Historical versions Reprint No 1—15.11.1991 Reprint No 2—11.3.1993 Reprint No 3—1.7.1994 Reprint No 4—8.12.1994 Reprint No 5—20.6.1996 Reprint No 6—21.8.1997 Reprint No 7—1.7.1999 Reprint No 8—15.7.2001 3.12.2007 31.12.2007 1.2.2010 15.2.2013 1.9.2013 17.2.2014 2.4.2015 13.9.2018 20.9.2021 7.10.2021 2.11.2023