Audit Act 1901

Administered by Department of Finance

Legislation au C1901A00004 Not in force Act

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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[Note: This Act is repealed by Act No. 152 of 1997]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…

Overview

The Audit Act 1901 was enacted by the Commonwealth Parliament to provide a comprehensive framework for the collection, payment, and auditing of public moneys, as well as the protection and recovery of public property. This legislation was designed to address the need for transparency, accountability, and effective financial management within the Commonwealth Government and its agencies. The Act established the role of the Auditor-General and set out the procedures for the collection, payment, and auditing of public moneys, as well as the responsibilities of accounting officers. The Act also outlined the procedures for the examination and audit of accounts and records, the conduct of efficiency audits, and the reporting requirements for the Auditor-General. The Act was repealed by the Audit (Transitional and Miscellaneous) Amendment Act 1997 and replaced by the Financial Management and Accountability Act 1997.

Scope and Application

The Audit Act 1901, as amended, applies to all Commonwealth territories but excludes the Australian Capital Territory, Northern Territory, and external territories in terms of their revenue, moneys, stores, and administration operations. It extends its provisions to officers of the Commonwealth and the functions, powers, duties, and responsibilities conferred on the Minister, Auditor-General, and other specified persons and authorities, including those outside Australia, subject to modifications and exceptions specified in regulations. This Act does not apply to the affairs and transactions of the Parliamentary Refreshment Rooms except those involving expenditure from the Consolidated Revenue Fund. It applies to all accounting officers who must adhere to the Act, its regulations, and any directions given under it or the regulations. The Act governs the appointment, remuneration, and duties of the Auditor-General, including the ability to appoint persons to inspect, examine, and audit accounts and carry out efficiency audits. Regulations and directions, subordinate to the Act, provide additional provisions and modify the application of the Act, including the conduct of audits and the imposition of penalties for contraventions.

Key Provisions

  • The Audit Act 1901, although repealed, provides an overview of the legal framework governing the collection, payment, and auditing of public moneys, as well as the protection and recovery of public property. Key sections include the appointment and duties of the Auditor-General (sections 3-15), the operation of the Commonwealth Public Account, Loan Fund, and Trust Fund (sections 20-62), and the auditing and inspection of accounts and records (sections 38-54). The Act imposes various obligations on accounting officers, including maintaining proper accounts and records (section 16), transmitting collected moneys to the Minister (section 22), and ensuring that no overdrafts are arranged without the Minister's authority (section 18). Failure to comply with these obligations may result in significant penalties, such as fines of up to $20,000 or imprisonment for up to 7 years (sections 22, 25, 42, 63F, 63H, 63J, and 63K). The Act also criminalises specific actions, such as misappropriating public moneys or stores (section 64), forging or uttering documents (section 65), and taking false oaths or making false declarations (section 68). These offences carry penalties ranging from fines up to $20,000 to imprisonment for up to 10 years. Additionally, the Act establishes provisions for the recovery of losses and damages to public property by officers (sections 70AA-70AF). The Act allows the Governor-General to make regulations for the collection, custody, and management of public moneys and to direct the Minister to give directions to officers under the Act (sections 71-73). The repealed Act was subject to amendments and transitional provisions through various Acts, such as the Statute Law Revision Act 1973 and the Audit (Transitional and Miscellaneous) Amendment Act 1997.

Legal classification tags

Area of Law
Financial Litigation & Procedure
Public Finance & Budget Law
Administrative Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Delegated & Subordinate Legislation
Licensing & Registration
Enforcement Powers
Prohibited Conduct
Reporting & Disclosure Obligations
Audit & Inspection

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.