Audit Acts Amendment Act of 1951 (15 Geo Vi No. 46) (Qld)

AUDIT. 15 G eo . VI. No. 46,1951. Audit Acts Amendment Act. 103 AUDIT. An Act to Amend “ The Audit Acts, 1874 to 1950,” “jgV1- in certain particulars. * T hao ™ it A mendment [A ssented to 30 th N ovember , 1951.] ACT0,m B E it enacted by the King’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. This Act may be cited as “ The Audit Acts short title Amendment Act of 1951,” and shall be read as one with coratruction. * “ The Audit Acts, 1874 to 1950,” herein referred to as the Principal Act. The Principal Act and this Act may be cited Collective collectively as “ The Audit Acts, 1874 to 1951.” tltle' 2. Section seven of f “ The Audit Act of 1874 ” is Repeal of repealed and the following section is inserted in lieu of„f 38 Vic! 7 that repealed section, namely :— No. 12 . “ [7.] (1.) The Treasurer may, on the authority Special of the Governor in Council, open in the books of the accounts- Treasury such special accounts as he deems necessary, to each of which particular moneys may be credited, and any such accounts in existence at the passing of %“The Audit Acts Amendment Act of 1951,” not established by virtue of any Act, are hereby authorised and validated and shall continue in force in the same manner as if they were established after the passing of J “ The Audit Acts Amendment Act of 1951.” (2.) For the purposes of this Act the special accounts Trust hereinbefore referred to in this section shall collectively comprise and be styled the Trust and Special Funds. (3.) The Treasurer shall not expend any moneys Trust and standing to the credit of any of the Trust and Special Funds, except under the authority of an Annual or Special expenditure Appropriation or other Act, in like manner as moneys b are expended out of the Consolidated Revenue Fund : Annual y Provided that this subsection shall not apply to ^Act!* any moneys which have been received for or on account of or for the use or benefit of any person or to any refund authorised by this Act or any other Act. * 38 V. No. 12 and amending Acts, t 38 V. No. 12. J This Act.

104 AUDIT. Audit Acts Amendment Act. 15 G eo . VI. No. 46, Mode of tk>nT°pna (4.) Such appropriation may be made by a separate Appropriation or other Act, or may be included in the Annual Appropriation Act, as may from time to time be most convenient. Appropria- (5.) All sums of money which are appropriated available for &om moneys standing to the credit of any of the Trust current year. and Special Funds to the Public Service for any year shall be legally available for the Services of that year, provided that payment on account of the same be made during the year or within seven days thereafter. All such votes which are appropriated to the Public Service for any year, and which are not expended during the year, or within seven days thereafter on account of such year, shall lapse and shall not be issued or applied in any future year. Estimates of , (6.) Annual Estimates shall be submitted to Special^ Parliament of the proposed expenditure from the Funds moneys standing to the credit of the Trust and Special expenditure. ]?un(js an(j in such Estimates the nature of the proposed work or other object of the proposed expenditure, and the amount of the proposed expenditure in each case, shall be specified, in like manner as those things are specified in the Estimates of expenditure from the Consolidated Revenue Fund. Surplus in (7.) If the exigencies of the Public Service render the armuaf it necessary to alter the proportions assigned to the appropria- particular items comprised under any one subdivision allied fobe^n the annual appropriations of money to be expended meet6 from the moneys standing to the credit of the Trust anotlierYtemand Special Funds, the Governor in Council may order in the same that there be applied in aid of any item that may be subdivision. deficient a further sum out of any surplus arising on other items under the same subdivision, and every such order shall be delivered to the Auditor-General, and a . copy thereof shall be laid before Parliament within fourteen days after the signing thereof if Parliament is then sitting, and if not, then within fourteen days after the next meeting of Parliament: But nothing herein contained shall be deemed to authorise the Governor in Council to direct that any such sum as aforesaid shall be applied in augmentation of or as an addition to the salary or wages of any person for the salary or wages of whose office a fixed sum has been appropriated by Parliament.

AUDIT. 105 1951. Audit Acts Amendment Act. All the provisions of this Act relating to the issue and expenditure of public moneys and the authority for such issue and expenditure, shall apply to the issue and expenditure of moneys standing to the credit of any of the Trust and Special Funds, and the Governor shall have the same authority with respect to such moneys and the expenditure thereof as he has with respect to moneys standing to the credit of the Consolidated Revenue Fund.” 3. Section eighteen of * “ The Audit Act of 1874 ” is amended— 38Vic. No. (i.) By repealing therein the words “ or during ‘ the first three months of the year following ” and by inserting, in lieu of those repealed words, the words “ or within seven days j thereafter ” ; (ii.) By repealing therein the words “ or within the first three months of the following year ” and by inserting, in lieu of those repealed words, the words “ or within seven days thereafter on account of such year ” ; (iii.) By repealing therein the words “unless a contract or engagement shall have been made and entered into before the expiration of such year by which a liability so to issue or apply the same shall have been incurred ”. 4. Section twenty-six of * “ The Audit Act of 1874 ” Amendment is amended by repealing therein the words “ the death^ vic6°f resignation insolvency ” and by inserting, in lieu of No. 12 . those repealed words, the words “ a vacancy occurring in the office of”. 5. Section twenty-seven of * “ The Audit Act of Repeal of 1874 ” is repealed and the following section is insertedand new in lieu of that repealed section, namely :— vic.7No.3i 2 . •] The Auditor-General shall be deemed to i)isquaiific&- have vacated his office— tionsfrom office of (a) If he becomes a Member of the Executive Auditor- Council or of the Parliament of theGenera1' Commonwealth or of a State of the Commonwealth; or (b) If he directly or indirectly engages in any paid employment outside the duties of his office or of any office to which he is appointed by virtue of his position of Auditor-General, » 38 V. No. 12.

106 AUDIT. Audit Acts Amendment Act. 15 G eo . VI. No. 46, or directly or indirectly engages in any trade or business except as a member of any body corporate consisting of more than twenty persons; or (c) If he becomes bankrupt, or presents a bankruptcy petition against himself, or enters into any composition, or scheme of arrangement or deed of assignment without sequestration or deed of arrangement under Parts XI. or XII. of the BankruptcyAct1924-1950, of the Commonwealth (including any Act or law amending or in substitution therefor) or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or ( d) If except by reason of illness or incapacity or on leave granted by the Governor in Council (power to grant such leave being hereby authorised) he absents himself from duty for fourteen consecutive days or for twenty-eight days in all in' any calendar year; or (e) If he becomes permanently incapable of performing his duties by reason of any mental or bodily infirmity; or (/) If he resigns his office by writing under his hand addressed to the Governor and such resignation is accepted by the Governor in Council.” Repeal of 6. Section twenty-nine of *“ The Audit Act of 1874 ” sa. n2d9Noefw38 is repealed and the following section is inserted in lieu Vic. No. 12, of that repealed section, namely:— Deputy Auditor- General. “ [29.] (2.) The Governor in Council may appoint a Deputy Auditor-General in addition to the Auditor- General. (2.) The Deputy Auditor-General shall, subject to f “ The Audit Acts, 1874 to 1951,” exercise all such functions and discharge all such duties as the Auditor- General directs or requires. * 38 V. No. 12. t 38 V. No. 12 and amending Acts.

AUDIT. 1951. Audit Acts Amendment Act. In the event of and during the absence from duty for any reason whatsoever of the Auditor-General, or in the event of a vacancy occurring in the office of Auditor-General and until a new Auditor-General is appointed, the Deputy Auditor-General shall act as Auditor-General and while he so acts shall have and may exercise all of the powers, functions, and authorities, and shall perform all of the duties of the Auditor-General. The fact that the Deputy Auditor-General has exercised any power, function, or authority, or has performed any duty of the Auditor-General shall, until the contrary is proved, he sufficient evidence of such absence of the Auditor-General or vacancy in the office of Auditor-General. (3.) The Deputy Auditor-General shall be appointed under * “ The Public Service Acts, 1922 to 1950,” and, excepting all times while acting in pursuance of this Act as Auditor-General, he shall hold his office under and subject to those Acts. The Deputy Auditor-General shall, at all times while acting in pursuance of this Act as Auditor- General— (a) Retain any rights accrued or accruing under either * “ The Public Service Acts, 1922 to 1950,” or -f“ The Public Service Superannuation Acts, 1912 to 1948 ” ; and (b) Continue to contribute to any fund or account and be entitled to receive any deferred or extended leave and any payment and to apply for or to be appointed to any office in the Public Service as if he were then an officer within the meaning of * “ The Public Service Acts, 1922 to 1950,” or | “ The Public Service Superannuation Acts, 1912 to 1948,” as the case may be, and for such purpose his service while acting as Auditor-General shall be deemed to be service for the purpose of those Acts. Notwithstanding anything to the contrary in this or any other Act the Deputy Auditor-General shall not be removed or suspended from his office for any act or omission by him in the exercise of any power, function, * 13 G. 5 No. 31 and amending Acts, t 3 G. 5 No. 28 and amending Acts.

108 AUDIT. Audit Acts Amendment Act. 15 G eo . VI. No. 46,1951. or authority, or in the performance of any duty of the Auditor-General while the Deputy Auditor-General acts, in pursuance of this Act, as Auditor-General except under and in accordance with the provisions of section twenty-eight of this Act read subject to such adaptations thereof as are necessary for the purpose of its application to the Deputy Auditor-General. (4.) The Deputy Auditor-General holding office at the commencement of * “ The Audit Acts Amendment Act of 1951 ” shall, without further appointment, continue to hold that office, subject to this Act, in terms of his appointment as such.” Repeal of 7. Section thirty of f “ The Audit Act of 1874 ” is Vs.ic3. 0Noof.3812. repealed. Repeal of 8. Section thirty-two of f “ The Audit Act of 1874 ” Vs.ic3. 2Noof.3812. is repealed. New s. 52 of 38 Vic. No. 12. References to other Acts. 9. The following section is inserted after section fifty-one of f “ The Audit Act of 1874,” namely :— “ [52.] Any reference in this Act to any other Act shall be taken to include a reference to any later Act amending or in substitution for that other Act.” AVofimcs.e. nN7doom. fe15n54t. Act o 1 f 0- 18S9e0ct” ionis saevmeenndoefdJ—“ The Audit Act Amendment (i.) By repealing therein the words “ or during the first three months of the year following ” and by inserting, in lieu of those repealed words, the words s‘or within seven days thereafter”; (ii.) By repealing therein the words “ or within the first three months of the following year ” and by inserting, in lieu of those repealed words, the words “ or within seven days thereafter on account of such year ” ; (iii.) By repealing therein the words “ unless a contract or engagement has been made and entered into before the expiration of that year by which a liability so to issue or apply the same has been incurred ”. Repeal of 11. Section eleven of { “ The Audit Act Amendment aV. ic1. 1Noof.5415. Act of 1890 ” is repealed. * This Act. f 38 V. No. 12. } 54 V. No. 15.

AUDIT—CHILDREN. 109 1 E liz . II. No. 3, 1952. State Children Acts, Etc., Act. 12. Section three of * “ The Audit Acts Amendment Act of 1926 ” is repealed and in lieu of that repealed Geo. v? section, the following section is inserted, namely :— No-6- “ [ 3 .] (1.) Subject to subsection two of this section, Recrement the Auditor-General shall ’ retire from office upon General.** attaining the age of sixty-seven years. (2.) This section applies to the Auditor-General in office at the passing of f “ The Audit Acts Amendment Act of 1951,” and to every Auditor-General thereafter.” BRISBANE, CITY OF. See L ocal A uthorities . BUILDING OPERATIONS AND TIMBER AND BUILDING MATERIALS CONTROL. See H ousing . CHILDREN. An Act to Amend “The State Children Acts, 1911 1 E N l o i . z . 3. II. T he S tate to 1943,” and “The Adoption of Children C hildren A cts and Acts, 1935 to 1941, ” in certain particulars. AA nmoetnhdemre A nctt A ct op 1952. [A ssented to 9 th A pril , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.— P reliminary . P k ^W. 1. This Act may be cited as “ The State Children short title. Acts and Another Act Amendment Act of 1952.” . 2. This Act is divided into Parts as follows Parts of Act. P art I. —P reliminary ; P art II. —A mendments of {“ T he S tate C hildren A cts , 1911 to 1943 ” ; P art III. —A mendment of § “ T he A doption of C hildren A cts , 1935 to 1941 ” .* * * § * 17 G. 5 No. 5. t This Act. j 2 G. 5 No. 11 and amending Acts. § 26 G. 5 No. 7 and amending Acts.