Financial Administration and Audit Act Amendment Act 1981 (Qld)

923 (t ueenshit t ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 89 of 1981 An Act to amend the Financial Administrationand Audit Act1977-1978 in certain particulars [ASSENTED TO 23RD NOVEMBER, 1981]

924 Financial Administration and Audit Act Amendment Act 1981, No. 89 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Financial Administration and Audit Act Amendment Act 1981. (2) In this Act the Financial Administration and Audit Act1977-1978 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Financial Administration and Audit Act1977-198I. 2. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by, in subsection (1)- (a) omitting the term "Agent-General " and its meaning; (b) in the meaning of the term " appropriation ", inserting after the words " for supply services or " the words " a specified or "; (c) omitting the term " miscellaneous departmental accounts " and its meaning and substituting the following term and meaning:- " " miscellaneous departmental accounts " means accounts that an accountable officer is required to establish and keep or cause to be established and kept under this Act or any other Act or law with respect to other moneys, other property, or any manufacturing, trading, commercial or other like activity conducted by a department ;"; (d) in the meaning of the term " other accounts ", omitting the words " the accounts of which bodies or associations " and substituting the word " that "; (e) inserting after the term " Public Service " and its meaning the following term and meaning:- " " Queensland Government overseas offices " means the Office of the Agent-General for Queensland at London, the Queensland Government Representative Office at Tokyo, and any other office established overseas by the Queensland Government that may from time to time be declared by Order in Council to be a Queensland Government overseas office; ". 3. Amendment of s. 12 . Departmental accounts subsidiary to the public accounts . Section 12 of the Principal Act is amended by omitting the words " the Agent-General " occurring in subsection (1) and substituting the words " a Queensland Government overseas office ". 4. Amendment of s. 20 . Bank accounts of the Agent - General. Section 20 of the Principal Act is amended by- (a) in the note to the section, omitting the words " the Agent - General " and substituting the words " Queensland Government overseas offices "; (b) in subsection (1), omitting the words " the Agent-General " and substituting the words " Queensland Government overseas offices ";

Financial Administration and Audit Act Amendment Act 1981, No. 89 925 (c) in subsection (2), omitting the words " the Agent-General " and substituting the words " a Queensland Government overseas office "; (d) in subsection (3)- (i) inserting after the word " daily " the words " or at such intervals of time as the accountable officer directs "; (ii) omitting the word "Agent-General " and substituting the words " Queensland Government overseas office in question "; (e) in subsection (4), omitting the word "Agent-General " and substituting the words " Queensland Government overseas office "; (f) in subsection (5), omitting the words " the Loan Fund " and substituting the words " a public "; (g) in subsection (6), inserting after the words " the Agent-General the words " for Queensland at London ". 5. Amendment of s. 24. Transfers between subdivisional items. Section 24 of the Principal Act is amended by omitting the words " Where the exigencies of the Public Service require it, the " and substituting the word " The ". 6. Amendment of s. 25. Unforeseen expenditure . Section 25 of the Principal Act is amended by- (a) omitting the words " the exigencies of the Public Service render it necessary " and substituting the words " a determination is made by the Governor in Council, on the recommendation of the Treasurer,"; (b) omitting the words " the making of such expenditure as unforeseen expenditure and the charging of such expenditure " and substituting the words " that such expenditure be made in advance of appropriation and charged as unforeseen expenditure ". 7. Amendment of s. 27. Charging of expenditure. Section 27 of the Principal Act is amended by, in subsection (3), omitting the first paragraph and substituting the following paragraph:- " Where the Legislative Assembly, pending passing by it of the Annual Appropriation Act, authorizes the issue and application of sums out of the public accounts towards making good the supply granted for the services of a financial year but does not appropriate such sums to particular supply services, the Treasurer shall furnish to each accountable officer a statement setting forth the headings to which expenditure shall be charged pending the passing by the Legislative Assembly of such Annual Appropriation Act.". 8. Amendment of s. 30 . Payment of public moneys from departmental expenditure bank accounts . Section 30 of the Principal Act is amended by- (a) omitting subsection (3); (b) in subsection (4), omitting the expression " subsection (3) and substituting the expression " section 31A ";

926 Financial Administration and Audit Act Amendment Act 1981, No. 89 (c) in subsection (5), inserting after the words " under subsection (4) the words " or section 31 (4) ". 9. Repeal of and new s. 31. Payment of public moneys from departmental cash credit expenditure bank accounts . The Principal Act is amended by repealing section 31 and substituting the following section:- "31. Payment of public moneys from departmental cash credit expenditure bank accounts . (1) An accountable officer or an accounting officer authorized by him may, subject to the prescribed requirements, pay sums of moneys from a departmental cash credit expenditure bank account prior to the submission of an abstract to the Treasurer in respect of those sums, but any such sums- (a) shall be paid only for supply services or unforeseen expenditure and for the purposes and within the limits specified by the Governor in Council in his approval for the establishment of that account; (b) shall be supported by vouchers prescribed by and prepared and authorized in accordance with the prescribed requirements. (2) An accounting officer who makes a payment referred to in subsection (1) shall immediately upon making that payment or at such other times as the accountable officer of the department concerned determines submit to that accountable officer vouchers prescribed by and prepared in accordance with the prescribed requirements for the several sums paid. (3) An accountable officer shall, when and as often as it is necessary to recoup a departmental expenditure bank account from which payments referred to in this section have been made, prepare and submit to the Treasurer an abstract in the prescribed form. (4) The Treasurer shall, where he is satisfied that expenditure the subject of any abstract submitted to him in accordance with this section is within the amounts of money authorized by a Governor's warrant then current, issue in writing an order addressed to the manager or other principal officer of the bank at which the public bank accounts are kept requesting the withdrawal from the appropriate public bank account of such moneys as are necessary to recoup the expenditure the subject of the abstract and payment of those moneys to the credit of the appropriate departmental cash credit expenditure bank account. The Treasurer shall furnish to the accountable officer or permanent head or other officer or employee in charge referred to in section 31A advice of such withdrawal and credit. (5) Notwithstanding this section, the Governor in Council in a particular case may approve that the procedure for the recoupment of a departmental cash credit expenditure bank account be as set forth in the approval notwithstanding that it is a procedure different from that prescribed herein.".

Financial Administration and Audit Act Amendment Act 1981, No. 89 927 10. New s. 31A. Processing of expenditure by agent department for principal department . The Principal Act is amended by inserting after section 31 the following section:- "31A. Processing of expenditure by agent department for principal department . Notwithstanding sections 30 and 31, the Treasurer may, upon such terms and conditions as he thinks fit having regard to the exigencies of the Public Service, by writing signed by him, approve that the permanent head or other officer or employee in charge of a department process expenditure payable from a departmental expenditure bank account or a departmental cash credit expenditure bank account by- (a) preparing and authorizing vouchers in accordance with the prescribed requirements; (b) preparing and submitting to the Treasurer abstracts in the prescribed form in accordance with section 30 or 31 ; and (c) paying and discharging moneys the subject of such vouchers or abstracts for and on behalf of the accountable officer of the department responsible for the management of the appropriation with respect to the expenditure so processed.". 11. Amendment of s. 32. Payment of moneys by the Agent - General. Section 32 of the Principal Act is amended by- (a) in the note to the section, omitting the words " the Agent - General and substituting the words " Queensland Government overseas offices "; (b) in subsection (1)- (i) omitting the words " section 30, the Agent-General " and substituting the words " sections 30 and 31, the officer in charge of a Queensland Government overseas office "; (ii) omitting the words " the Agent-General " and substituting the words " that office "; (c) in subsection (2)- (i) omitting the word "Agent-General " and substituting the words " officer in charge "; (ii) inserting after the words " submit to the Treasurer " the words " particulars of "; (iii) omitting the words " Loan Fund " and substituting the words " appropriate public ". 12. Amendment of s. 33. Payment of moneys from other departmental bank accounts . Section 33 of the Principal Act is amended by omitting the words " Notwithstanding section 30, an " and substituting the word "An". 13. Amendment of s. 36. Functions and duties of accountable officer. Section 36 of the Principal Act is amended by, in subsection (1), omitting paragraph (e) and substituting the following paragraph:- " (e) shall, where services are rendered or goods supplied to any person by the department under his control, ascertain by regular examination whether fees and charges are being properly

928 Financial Administration and Audit Act Amendment Act 1981, No. 89 assessed and levied and whether such fees and charges are adequate having regard to the cost of such goods and services and other relevant matters, and shall report in writing the results of each such examination and make appropriate recommendations to the Minister of the department; ". 14. Repeal of and new s. 41. Power of Treasurer to invest moneys. The Principal Act is amended by repealing section 41 and substituting the following section:- " 41. Power of Treasurer to invest moneys. (1) The Treasurer shall cause to be established and kept- (a) in the Treasury an account called the " Treasury Investment Suspense Account " for the purpose of recording transactions relating to investments made pursuant to subsection (2) (b) (i); and (b) at a bank an account relating to the Treasury Investment Suspense Account, which bank account is in this Act referred to as the " Treasury Investment Suspense Bank Account ", and, for the purposes of this Act, such accounts shall be taken to be respectively a miscellaneous departmental account and a miscellaneous departmental bank account. (2) Subject to this Act, the Treasurer- (a) may as he thinks fit make any investment of a description referred to in subsection (3) with respect to- (i) any fund of the public accounts; (ii) any account of the departmental accounts subsidiary to the public accounts; (iii) any account of the miscellaneous departmental accounts; and (b) may pay moneys out of- (i) the Treasury Investment Suspense Bank Account for the purpose of making an investment of all or any part of the net credit balance for the time being of the bank accounts established and kept with respect to all the funds and accounts indicated in paragraph (a); (ii) a public bank account for the purpose of making an investment'with respect to the fund of the public accounts to which that bank account relates; (iii) a miscellaneous departmental bank account for the purpose of making an investment with respect to the account of the miscellaneous departmental accounts to which that bank account relates. (3) Subject to this Act, the Treasurer may make any investment as aforesaid- (a) in securities of, guaranteed by, accepted by or endorsed by the Government of the Commonwealth or of a State or Territory of the Commonwealth;

Financial Administration and Audit Act Amendment Act 1981, No. 89 929 (b) by way of a loan to, investment in or financial arrangement with any person or body authorized by any Act or law to borrow money from the Treasurer, on such security as the Treasurer thinks fit; (c) with, or on deposit with, a bank, or in securities of, guaranteed by, accepted by or endorsed by a bank; (d) with any authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; (e) in such other securities as may be approved by the Governor in Council; (f) by deposit on the security of any of the securities in which the Treasurer is permitted by this subsection to invest; (g) in such other investments or financial arrangements as may be approved by the Governor in Council. (4) All moneys received on account of investments made from- (a) the Treasury Investment Suspense Bank Account shall in the first instance be paid into that Account and- (i) so much of those moneys as is necessary to fully recoup that account for the total sum issued and applied therefrom with respect to investments that have matured or been liquidated shall be retained in that account; (ii) the balance of those moneys that are in excess of such total sum shall be paid from that account into the Consolidated Revenue Fund; (b) a public bank account shall, unless otherwise approved by the Governor in Council, be paid into and form part of that account; (c) a miscellaneous departmental bank account other than the Treasury Investment Suspense Bank Account shall be paid into and form part of that account. (5) The Treasurer shall as soon as practicable after the end of every financial year prepare and incorporate in the Treasurer's Annual Statement a report on the operations made in pursuance of this section during that financial year and shall include in that report a statement indicating the balance of the Treasury Investment Suspense Account at the end of that year and the investments held on behalf of that account. (6) Nothing in this Act authorizes the Treasurer to invest moneys with respect to- (a) any fund of the Trust and Special Funds contrary to any Act or law applicable with respect to that fund; (b) any account of the miscellaneous departmental accounts contrary to any Act or law, contract, agreement, arrangement, transaction or court order applicable with respect to that account.".

930 Financial Administration and Audit Act Amendment Act 1981, No. 89 15. Repeal of and new s . 42. Appropriation not required. The Principal Act is amended by repealing section 42 and substituting the following section:- " 42 . Appropriation not required . Where moneys are required to be paid out of a public bank account for the purpose of making an investment that may be made by the Treasurer in accordance with this Act or by a body corporate in accordance with any other Act or law, the Treasurer may issue and apply those moneys from the appropriate public bank account for such purpose without appropriation of the moneys for the payments so made.". 16. Amendment of s. 57. Audit of the public accounts and departmental accounts . Section 57 of the Principal Act is amended by- (a) omitting the expression " (1) " occurring at the commencement of and indicating subsection (1); (b) omitting subsections (2) and (3).