Financial Framework Legislation Amendment Act 2005 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Financial Framework Legislation Amendment Act 2005.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Schedule 1, items 1 to 440 | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Schedule 1, item 441 | 1 July 2005. | 1 July 2005 |
Schedule 1, items 442 and 443 | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Schedule 1, item 444 | 1 July 2005. | 1 July 2005 |
Schedule 1, items 445 to 455 | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Schedule 1, items 456 and 457 | 1 July 2005. | 1 July 2005 |
Schedule 1, items 458 to 490 | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Schedule 1, items 491 and 492 | 1 July 2005. | 1 July 2005 |
Schedule 1, items 493 to 496 | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Schedule 2, items 1 to 10 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 24 March 2005 (paragraph (b) applies) |
Schedule 2, items 11 to 174 | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Schedule 3 | The day on which this Act receives the Royal Assent. | 22 February 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
(1) If:
(a) a decision or action is taken or another thing is made, given or done; and
(b) the thing is taken, made, given or done under a provision of a Part 2 Act that had effect immediately before the commencement of this Act;
then the thing has the corresponding effect, for the purposes of the Part 2 Act as amended by this Act, as if it had been taken, made, given or done under the Part 2 Act as so amended.
(2) In this section:
Part 2 Act means an Act that is amended by an item in Part 2 of Schedule 1.
Schedule 1 — Amendments relating to the Financial Management Legislation Amendment Act 1999 and Special Accounts
Repeal the paragraph.
Repeal the sections.
Omit “and the Loan Fund are”, substitute “is”.
Omit “to the Consolidated Revenue Fund in accordance with section 10”, substitute “and advances to the States for the purposes of this Part”.
Omit “to the Consolidated Revenue Fund in accordance with section 10, and the Loan Fund is appropriated, as necessary, for those purposes”, substitute “and advances to the States for the purposes of this Part”.
Repeal the section.
Omit “to the Consolidated Revenue Fund in accordance with section 14”, substitute “and advances to the States for the purposes of this Act”.
Omit “to the Consolidated Revenue Fund in accordance with section 14, and the Loan Fund is appropriated, as necessary, for those purposes”, substitute “and advances to the States for the purposes of this Act”.
Repeal the section.
Omit “to the Consolidated Revenue Fund in accordance with section 15”, substitute “and advances to the States for the purposes of this Act”.
Omit “to the Consolidated Revenue Fund in accordance with section 15, and the Loan Fund is appropriated, as necessary, for those purposes”, substitute “and advances to the States for the purposes of this Act”.
Repeal the section.
Repeal the section.
Omit “moneys standing to the credit of the Loan Fund”, substitute “amounts in the Consolidated Revenue Fund”.
Omit “under the last preceding section”.
Omit “Loan Fund”, substitute “Consolidated Revenue Fund”.
Omit “or out of the Loan Fund”.
Omit “borrowing,”, substitute “borrowing and”.
Omit “and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 7”.
Repeal the section.
Omit “and the Loan Fund are”, substitute “is”.
Omit “or out of the Loan Fund”.
Omit “borrowing,”, substitute “borrowing and”.
Omit “and for the purpose of making payments to the Consolidated Revenue Fund in accordance with section 9”.
Repeal the section.
Omit “and the Loan Fund are”, substitute “is”.
Repeal the sections.
Omit “and Loan Fund are”, substitute “is”.
Repeal the sections.
Omit “and Loan Fund are”, substitute “is”.
Omit “or the Loan Fund”.
Note: The heading to section 9 is altered by omitting “
or Loan Fund ”.
Omit “borrowing,”, substitute “borrowing and”.
Omit “and for the purposes of making payments to the Consolidated Revenue Fund in accordance with section 12”.
Repeal the section.
Omit “and the Loan Fund are”, substitute “is”.
Omit “or the Loan Fund”.
Note: The heading to section 14 is altered by omitting “
or Loan Fund ”.
Omit “borrowing,”, substitute “borrowing and”.
Omit “and for the purposes of making payments to the Consolidated Revenue Fund in accordance with section 17”.
Repeal the section.
Omit “and the Loan Fund are”, substitute “is”.
Omit “or the Loan Fund”.
Note: The heading to section 14 is altered by omitting “
or Loan Fund ”.
Omit “borrowing,”, substitute “borrowing and”.
Omit “and for the purposes of making payments to the Consolidated Revenue Fund in accordance with section 17”.
Repeal the section.
Omit “and the Loan Fund are”, substitute “is”.
Omit “or the Loan Fund”.
Note: The heading to section 14 is altered by omitting “
or Loan Fund ”.
Omit “borrowing,”, substitute “borrowing and”.
Omit “and for the purposes of making payments to the Consolidated Revenue Fund in accordance with section 17”.
Repeal the section.
Omit “and the Loan Fund are”, substitute “is”.
Omit “or the Loan Fund”.
Note: The heading to section 12 is altered by omitting “
or Loan Fund ”.
Omit “borrowing,”, substitute “borrowing and”.
Omit “and for the purposes of making payments to the Consolidated Revenue Fund in accordance with section 15”.
Repeal the section.
Omit “and the Loan Fund are”, substitute “is”.
Repeal the sections.
Omit “and the Loan Fund are”, substitute “is”.
Repeal the section, substitute:
(1) The Accounts referred to in subsections (2), (4) and (6) are Special Accounts for the purposes of the
Financial Management and Accountability Act 1997 .
Condah Land Account
(2) There is continued in existence the Condah Land Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(3) There must be credited to the Condah Land Account, from time to time, amounts determined by the regulations.
Framlingham Forest Account
(4) There is continued in existence the Framlingham Forest Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(5) There must be credited to the Framlingham Forest Account, from time to time, amounts determined by the regulations.
Aboriginal Advancement Account
(6) The Aboriginal Advancement Account is established for the purpose of furthering the social and economic advancement of Aboriginal people living in Victoria.
(7) The amount standing to the credit of the Condah Land Account must be applied as follows:
(a) one‑half must be debited and paid by the Commonwealth to an Aboriginal Corporation nominated by the Minister;
(b) one‑half must be debited for crediting under subsection (8).
(8) Whenever an amount is debited from the Condah Land Account under paragraph (7)(b), an equal amount must be credited to the Aboriginal Advancement Account.
(9) The amount standing to the credit of the Framlingham Forest Account must be applied as follows:
(a) one‑half must be debited and paid by the Commonwealth to the Kirrae Whurrong Aboriginal Corporation;
(b) one‑half must be debited for crediting under subsection (10).
(10) Whenever an amount is debited from the Framlingham Forest Account under paragraph (9)(b), an equal amount must be credited to the Aboriginal Advancement Account.
(11) The Minister may debit the Aboriginal Advancement Account for the purpose mentioned in subsection (6). Amounts equal to the amounts debited are paid by the Commonwealth.
(12) The Minister may, at any time, direct that, from a specified date:
(a) amounts standing to the credit of the Aboriginal Advancement Account at that date are to be debited and paid by the Commonwealth to; and
(b) one‑half of the royalties credited to the Condah Land Account or the Framlingham Forest Account (which would otherwise be debited from the Account under paragraph (7)(b) or (9)(b)) are to be debited and paid by the Commonwealth to;
a body nominated by that Minister that is representative of Aboriginals and is established and administered by Aboriginals for the advancement of Aboriginals.
(13) If interest is received by the Commonwealth from the investment of an amount standing to the credit of an Account continued in existence or established by or under this section, an amount equal to the interest must be credited to that Account.
Insert:
Account means the Aboriginals Benefit Account continued in existence by section 62.
Repeal the definition.
Omit “64(7)”, substitute “64(8)”.
Repeal the heading, substitute:
Repeal the sections, substitute:
(1) There is continued in existence the Aboriginals Benefit Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.
Repeal the sections, substitute:
(1) Subject to subsection (2), there must be credited to the Account, from time to time, amounts equal to the amounts of any royalties received by the Commonwealth or the Northern Territory in respect of a mining interest in Aboriginal land.
(2) If, because of an increase in the rate of royalty since 26 January 1977, an amount of royalties received by the Commonwealth in respect of a mining interest in the area of Aboriginal land described in Schedule 5 is higher than the amount that, but for that increase, the Commonwealth would have received in respect of that mining interest, such part only of the increase in the amount of those royalties as is determined by the Minister is to be taken into account in calculating the amount to be credited to the Account under subsection (1) in respect of those royalties.
(3) If:
(a) after 17 January 1990, a mining interest in respect of Aboriginal land in the Northern Territory has been granted under:
(i) subsection 51(1A) of the
Lands Acquisition Act 1955 in so far as it applies by virtue of subsection 124(8) of theLands Acquisition Act 1989 ; or
(ii) regulations made for the purposes of subsection 124(1) of the
Lands Acquisition Act 1989 ; and(b) because of an increase in the rate of royalty since the grant of the mining interest, an amount of royalties received by the Commonwealth in respect of the mining interest is higher than the amount that, but for that increase, the Commonwealth would have received in respect of that mining interest;
such part only of the increase in the amount of those royalties as is determined by the Minister is to be taken into account in calculating the amount to be credited to the Account under subsection (1) in respect of those royalties.
(4) If mining operations for minerals are carried on under the
Atomic Energy Act 1953 or any other Act on Aboriginal land by, or on behalf of, the Commonwealth, the Northern Territory or an Authority, there must be credited to the Account, from time to time, payments in respect of those mining operations of such amounts as are determined in accordance with subsection (5).(5) Amounts payable under subsection (4) are:
(a) such amounts as would be payable to the Crown as royalties if the mining operations were carried on in accordance with the law of the Northern Territory relating to mining for minerals and the royalties were payable at the rate fixed by that law immediately before 26 January 1977; or
(b) if the Minister administering the Act under which the mining operations are carried on and the Minister administering this Act jointly determine that amounts higher than the amounts referred to in paragraph (a) are to be payable under subsection (4) in respect of particular mining operations—the amounts so determined.
(6) There must be credited to the Account amounts equal to any money paid by any person to the Commonwealth for the purposes of the Account.
(7) There must be credited to the Account amounts equal to any amounts from time to time received by the Commonwealth as interest on, or as repayment of, any loan made under subsection 64(4).
(1) There must be debited from the Account from time to time, and paid by the Commonwealth for distribution between or among the Land Councils in such proportions as the Minister determines having regard to the number of Aboriginals living in the area of each Council, an amount equal to 40% of the amounts credited to the Account in accordance with subsection 63(1) or (4).
(2) If the distribution referred to in subsection (1) is between 2 Land Councils only, the Minister must determine the proportions for the purposes of that distribution as 50% for each Council.
(3) There must be debited from the Account and paid by the Commonwealth, from time to time, to each Land Council in the area of which a mining interest referred to in subsection 63(1) is situated, or mining operations referred to in subsection 63(4) are being carried on, an amount equal to 30% of any amounts:
(a) credited to the Account in accordance with subsection 63(1) in respect of that mining interest; or
(b) credited to the Account in accordance with subsection 63(4) in respect of those mining operations;
as the case may be.
(4) There must be debited from the Account and paid by the Commonwealth such other amounts as the Minister directs to be paid or applied to or for the benefit of Aboriginals living in the Northern Territory.
(5) A payment of an amount debited from the Account under subsection (4) may be by way of a loan (whether secured or unsecured) by the Commonwealth on such conditions as the Minister thinks fit.
(6) There must be debited from the Account and paid by the Commonwealth such amounts to meet the expenses of administering the Account as the Minister directs.
(7) Amounts that the Minister directs to be debited from the Account under subsection (4) or (6) must be paid or applied in accordance with the direction.
(8) Where, at any time, the Minister is satisfied that a Land Council is, or may be, unable to meet its administrative costs, in accordance with section 34, from money that is, or may become, available to it for the purpose, the Minister may direct that such amount as the Minister specifies in the direction must be paid to the Land Council by the Commonwealth and debited from the Account for the purpose of meeting those costs.
(1) The Minister may, in his or her discretion, from time to time, by written instrument, direct the debit from the Account of such amounts as he or she specifies in the direction.
(2) If the Minister directs, under subsection (1), the debit of a specified amount from the Account, neither subsection 221ZB(1) of the
Income Tax Assessment Act 1936 nor section 12‑320 in Schedule 1 to theTaxation Administration Act 1953 applies in relation to the debit of that amount. But there must also be debited from the Account such additional amount as would be necessary to discharge any liability for mining withholding tax in accordance with Division 11C of Part III of theIncome Tax Assessment Act 1936 in respect of the first‑mentioned amount. The debit of that additional amount discharges that liability.(3) The Minister must, in a direction under subsection (1), specify, in relation to each amount that he or she directs be debited from the Account:
(a) that the amount is to be taken, for the purposes of this section, to have been debited from the Account in relation to a specified Land Council; or
(b) that specified amounts that are, in the aggregate, equal to that amount are to be respectively taken, for the purposes of this section, to have been debited from the Account in relation to specified Land Councils.
(4) If, in consequence of a direction by the Minister under subsection (1) that an amount be debited from the Account, an additional amount is also debited from the Account in accordance with subsection (2), the Minister must, by written instrument, direct, in relation to that additional amount:
(a) that the additional amount is to be taken, for the purposes of this section, to have been debited from the Account in relation to a specified Land Council; or
(b) that specified amounts that are, in the aggregate, equal to the additional amount are to be respectively taken for the purposes of this section, to have been debited from the Account in relation to specified Land Councils.
(5) The Minister must, in specifying under subsection (3) that an amount is to be taken, for the purposes of this section, to have been debited from the Account in relation to a specified Land Council, ensure that the aggregate of that amount and the amount or amounts (if any) specified in a previous direction or previous directions under subsection (1) in relation to that Land Council does not exceed the total of the amounts paid by the Commonwealth, after 30 June 1978, to that Land Council for the purpose of meeting the administrative costs of that Land Council.
(6) An amount that is to be taken for the purposes of this section to have been debited from the Account in respect of a particular Land Council must nonetheless be taken into account for the purposes of subsection 64(1) as if it had been debited from the Account and paid by the Commonwealth in accordance with that subsection to the Land Council.
(7) The reference in subsection (5) to amounts paid by the Commonwealth to a Land Council for the purpose of meeting the administrative costs of that Land Council does not include a reference to:
(a) any amount that is paid to that Land Council under an agreement under subsection 44(1) or (2); or
(b) any amount that is paid to that Land Council out of the appropriation made by item 07 of subdivision 3 of Division 640 of the
Appropriation Act (No. 1) 1978‑79 ; or(c) any amount that is paid to that Land Council out of the appropriation made by subdivision 1 of Division 815 of the
Appropriation Act (No. 4) 1980‑81 ; or(d) any amount that is paid to that Land Council out of the appropriation made by item 09 of subdivision 3 of Division 120 of the
Appropriation Act (No. 1) 1981‑82 ; or(e) any other amount that is paid to that Land Council for that purpose by the Commonwealth and that the Minister determines, by written instrument, should not be taken into account for the purposes of this section.
Omit “Reserve”, substitute “Account”.
Omit “a Reserve (first occurring)”, substitute “an Account”.
Note: The heading to section 65 is altered by omitting “
Reserve ” and substituting “Account ”.
Omit “the making of payments out of the Reserve”, substitute “debiting the Account for the purposes of making payments”.
Omit “Reserve”, substitute “Account”.
Omit “Subsection 63(3)”, substitute “Subsection 63(2)”.
Repeal the paragraph.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Repeal the section, substitute:
(1) Any levy that has not been paid on or before the prescribed date for payment of the levy, or any late payment penalty that is payable, is:
(a) a debt due to the Commonwealth; and
(b) payable to the NRA on behalf of the Commonwealth; and
(c) may be sued for and recovered by the NRA.
(2) The NRA must pay to the Commonwealth any amounts of levy or late payment penalty received by it.
Repeal the section, substitute:
(1) Any levy that has not been paid on or before the prescribed date for payment of the levy, or any late payment penalty that is payable, is:
(a) a debt due to the Commonwealth; and
(b) payable to the NRA on behalf of the Commonwealth; and
(c) may be sued for and recovered by the NRA.
(2) The NRA must pay to the Commonwealth any amounts of levy or late payment penalty received by it.
Omit “Money”, substitute “Amounts”.
Note: The heading to section 8 is altered by omitting “
Money in ” and substituting “Amounts standing to the credit of ”.
Omit “money”, substitute “amounts”.
Insert:
Account means the account continued in existence by section 17.
Repeal the definition.
Omit “Reserve”, substitute “Account”.
Repeal the heading, substitute:
Repeal the sections, substitute:
(1) There is continued in existence the Australia‑Japan Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
There must be credited to the Account amounts equal to:
(a) income derived from the investment of an amount standing to the credit of the Account; and
(b) any money received by the Commonwealth or by the Foundation from the disposal of property purchased or produced, or in respect of any work paid for, with an amount standing to the credit of the Account; and
(c) any other money derived by the Foundation in the performance of its functions; and
(d) any money received by the Foundation by way of, or as a result of, a gift, devise or bequest.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
Omit “Moneys standing to the credit of the Reserve”, substitute “Amounts standing to the credit of the Account”.
Note: The heading to section 19 is altered by omitting “
of moneys of Reserve ” and substituting “of amounts standing to the credit of the Account ”.
Insert:
Account means the account continued in existence by section 33.
Repeal the definition.
Repeal the sections, substitute:
(1) There is continued in existence the Australian Centre for International Agricultural Research Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
There must be credited to the Account amounts equal to money from time to time received by the Centre.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
Amounts standing to the credit of the Account may be debited for the following purposes:
(a) in payment or discharge of the costs, expenses and other obligations incurred by the Centre in the performance of its functions or the exercise of its powers under this Act;
(b) in payment of any remuneration and allowances payable to any person under this Act.
Omit “moneys standing to the credit of the Reserve”, substitute “amounts standing to the credit of the Account”.
Omit “Moneys shall not be expended from the Reserve”, substitute “Amounts must not be debited from the Account”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Repeal the subitem.
Repeal the subitem.
Repeal the subitem.
Repeal the item.
Repeal the section, substitute:
(1) There is continued in existence the ARPANSA Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) Amounts equal to the following must be credited to the Account:
(a) amounts received by the Commonwealth under the Licence Charges Act;
(b) fees received by the Commonwealth under section 34;
(c) amounts received by the Commonwealth in connection with the performance of the CEO’s functions under this Act or the regulations;
(d) interest received by the Commonwealth from the investment of an amount standing to the credit of the Account;
(e) money received by the Commonwealth in relation to property paid for after a debit of the Account in respect of an amount equal to the purchase price of the property;
(f) amounts recovered by the Commonwealth under subsection 41(7), to the extent that they are referable to costs debited from the Account;
(g) amounts of any gifts given or bequests made for the purposes of the Account.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
(4) The purposes of the Account are to make payments:
(a) to further the object of this Act (as set out in section 3); and
(b) otherwise in connection with the performance of the CEO’s functions under this Act or the regulations.
Repeal the subsections.
Insert:
Equalization Account means the Common Investment Fund Equalization Account continued in existence by section 20G.
98
Section 20A (definition of Equalization Reserve ) Repeal the definition.
Repeal the sections, substitute:
(1) There is continued in existence the Common Investment Fund Equalization Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
(1) Interest derived from the investment of money in the Common Fund must be paid to the Commonwealth.
(2) An amount equal to the amount of any capital profit made upon the realization of an investment made from money in the Common Fund must be paid out of the Common Fund to the Commonwealth.
(3) Whenever a payment is made to the Commonwealth under subsection (1) or (2), an equal amount must be credited to the Equalization Account.
(4) An amount equal to:
(a) the amount of any capital loss incurred upon the realization of an investment made from money in the Common Fund; or
(b) each amount of interest that:
(i) forms part of the estate of a bankrupt or of a deceased debtor by virtue of subsection 20J(2) or (3); or
(ii) forms part of a fund referred to in paragraph 20J(1)(b) by virtue of subsection 20J(2) or (3A); or
(iii) is payable to a person by virtue of subsection 20J(4);
is to be debited from the Equalization Account and paid into the Common Fund.
(5) The Official Trustee must, at such times as it considers appropriate and, in any event, at least once every 6 months, determine whether any amounts standing to the credit of the Equalization Account are not required for the purposes of subsection (4). If the Official Trustee determines that any amounts are not so required, it may direct that the amounts not so required, or any part of those amounts, are to be debited from the Equalization Account.
(6) Whenever an amount required by subsection (4) to be debited from the Equalization Account exceeds the amount standing to the credit of the Equalization Account, an amount equal to the excess must be credited to the Equalization Account.
100
Section 139L (sub-subparagraph (b)( i )(A) of the definition of income ) Omit “Reserve”, substitute “Account”.
Insert:
(4A) Money received by the Official Receiver under subsection (4) is received on behalf of the Commonwealth.
Repeal the subsection, substitute:
(5) If money is paid to the Official Receiver under subsection (4), the provisions of subsections 254(3) and (4) apply in relation to that money as if it had been paid to the Commonwealth by a trustee under subsection 254(2).
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Repeal the subsection, substitute:
(3) Money received by the Official Receiver under subsection (2) is received on behalf of the Commonwealth.
Repeal the subsection, substitute:
(4A) Money received by the Official Receiver under subsection (4) is received on behalf of the Commonwealth.
(5) If money is paid to the Official Receiver under subsection (4), the provisions of subsections 254(3) and (4) apply in relation to that money as if it had been paid to the Commonwealth by a trustee under subsection 254(2).
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Note: The heading to section 254 is altered by omitting “
into Consolidated Revenue Fund ” and substituting “to the Commonwealth ”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Note: The heading to subclause 51(8) of Schedule 4 is replaced by the heading “
Payments to the Commonwealth ”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Insert:
Account means the Child Support Account continued in existence by section 73.
Repeal the definition.
Omit “transferred to the Reserve”, substitute “credited to the Account”.
Repeal the Division, substitute:
(1) There is continued in existence the Child Support Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
(1) The following amounts must be credited to the Account:
(a) amounts equal to amounts received by the Registrar in payment of child support debts (including amounts received from employers under paragraph 47(1)(a));
(b) amounts equal to amounts received by the Registrar from payers of enforceable maintenance liabilities as voluntary payments for transmission to the payees of the liabilities;
(c) amounts equal to amounts received by the Registrar in relation to amounts that persons were not entitled to have been paid in respect of a debiting from the Account.
(2) If the Registrar receives an amount of which only part appears to the Registrar to fall within subsection (1), the Registrar must determine, in writing, the portion of the amount falling within that subsection, and only that portion is to be credited to the Account under subsection (1).
(1) The purposes of the Account are:
(a) to make payments under subsection 76(1) to payees of registered maintenance liabilities; and
(b) to make payments to the payees of enforceable maintenance liabilities of amounts received from the payers of the liabilities as voluntary payments for transmission to the payees; and
(c) to repay amounts paid to the Commonwealth and credited to the Account that the Registrar was not entitled to have received under this Act.
(2) Amounts received from employers and payers of enforceable maintenance liabilities, in relation to cases in which amounts have been credited to the Account under section 77 or subsection 78(3), may be debited from the Account.
Omit “transferred to the Reserve from the Consolidated Revenue Fund”, substitute “credited to the Account”.
Omit “transferred to the Reserve from the Consolidated Revenue Fund”, substitute “credited to the Account”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Repeal the subsections, substitute:
(1) The Commonwealth is liable to pay to a State amounts equal to amounts received by the Commonwealth (including amounts received by a State on behalf of the Commonwealth) under an applied law of the State.
Omit “subsection (2)”, substitute “subsection (1)”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “pay”, substitute “credit”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “pay the money”, substitute “credit the amount of the money”.
Omit “pay the remainder”, substitute “credit an amount equal to the remainder “.
Omit “pay the remainder”, substitute “credit an amount equal to the remainder”.
Omit “pay the remainder”, substitute “credit an amount equal to the remainder”.
Repeal the subsection, substitute:
(7) Where the amounts to which subparagraph (6)(a)(ii) or (b)(iii) applies exceeds the penalty amount, the Official Trustee must:
(a) credit to the Confiscated Assets Account as required by section 296 of the
Proceeds of Crime Act 2002 an amount equal to the penalty amount; and(b) pay the balance to the person whose property was subject to the restraining order.
Omit “pays, in accordance with a direction under this section, money”, substitute “credits, in accordance with a direction under this section, an amount”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “
into the Consolidated Revenue Fund ”, substitute “to the Commonwealth ”.
Repeal the sections, substitute:
(1) There is continued in existence the Defence Service Homes Insurance Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) There must be credited to the Account amounts equal to all payments to the Commonwealth in connection with its activities:
(a) as an insurer under this Act, including a payment to it under a contract or arrangement referred to in section 38F; and
(b) with respect to insurance, as an agent for an insurer.
(4) The purpose of the Account is to make all payments by the Commonwealth in connection with its activities:
(a) as an insurer under this Act, including:
(i) a payment by it under a contract or arrangement referred to in section 38F; and
(ii) a payment by it under section 38G; and
(iii) a payment by it that it is not legally required to make but that is of a kind that would be made by a person carrying on the business of insurance in accordance with sound commercial principles; and
(b) with respect to insurance, as an agent for an insurer.
(1) Subject to this section, there must be credited to the Defence Service Homes Insurance Account, in respect of each financial year ending after the commencement of this section, an amount, calculated in such manner as the Finance Minister determines, by way of interest on the amount standing to the credit of the Account during that year, whether that amount has been invested by the Finance Minister or not.
(2) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Defence Service Homes Insurance Account, an amount equal to the interest must be credited to the Account.
(3) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Repeal the section, substitute:
(1) There is continued in existence the Debt Retirement Reserve Trust Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) The purpose of the Account is to make payments in accordance with the 1994 Financial Agreement.
(4) There must be credited to the Account amounts equal to all money received by the Commonwealth under the 1994 Financial Agreement.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Repeal the section, substitute:
(1) If a levy is imposed as a result of a determination by the Minister to make a grant of financial assistance not from the Account, then the following amounts must be paid to the Commonwealth and not credited to the Account:
(a) any amounts of that levy, and of late payment penalty in respect of that levy, that are received by the Minister; and
(b) any repayments of that financial assistance.
(2) If a levy is imposed as a result of a determination by the Minister to make a grant of financial assistance from the Account, then the following amounts must be paid to the Commonwealth and credited to the Account:
(a) amounts equal to any amounts of that levy, and of late payment penalty in respect of that levy, that are received by the Minister; and
(b) amounts equal to any repayments of that financial assistance.
Repeal the subsection, substitute:
(1) The Finance Minister may make a written determination that does all of the following:
(a) establishes a Special Account;
(b) allows or requires amounts to be credited to the Special Account;
(c) specifies the purposes for which amounts are allowed or required to be debited from the Special Account.
(1A) A determination under subsection (1) may specify that an amount may or must be debited from a Special Account established under subsection (1) otherwise than in relation to the making of a real or notional payment.
Add:
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
Insert:
(4A) If the Finance Minister makes a determination that allows an amount standing to the credit of a Special Account to be expended in making payments for a particular purpose, then, unless the contrary intention appears, the amount may also be applied in making notional payments for that purpose.
Note: This subsection applies to transactions that do not actually involve payments because the parties to the transaction are merely parts of the Commonwealth or acting as agents for the Commonwealth. For example, Agency 1 “pays” Agency 2 for services provided by Agency 2.
Repeal the note, substitute:
Note 1: An Act that establishes a Special Account will identify the amounts that are to be credited to the Special Account.
Add:
Note 2: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
Insert:
(1A) If an Act allows an amount standing to the credit of a Special Account to be applied, debited, paid or otherwise used for a particular purpose, then, unless the contrary intention appears, the amount may also be applied, paid or otherwise used in making a notional payment for that purpose.
Note: This subsection applies to transactions that do not actually involve payments because the parties to the transaction are merely parts of the Commonwealth or acting as agents for the Commonwealth. For example, Agency 1 “pays” Agency 2 for services provided by Agency 2.
Repeal the section, substitute:
(1) There is continued in existence the Forestry Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) There must be credited to the Account:
(a) amounts equal to donations for the furtherance of forestry that are received by the Director‑General or are otherwise received by or on behalf of the Commonwealth; and
(b) amounts to be credited to the Account under any law.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
(4) An amount standing to the credit of the Account may be applied, in a manner approved by the Minister, for the furtherance of forestry.
(5) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Repeal the subsection, substitute:
(2) If an amount (
Commonwealth amount ) is paid to the Commonwealth under subsection (1), an amount equal to the Commonwealth amount must be paid to the Authority.
Omit “CRF amount” (wherever occurring), substitute “Commonwealth amount”.
Omit “CRF amount”, substitute “Commonwealth amount”.
Insert:
Account means the Higher Education (HECS) Account continued in existence by section 59.
Repeal the definition.
Repeal the heading, substitute:
Repeal the sections, substitute:
(1) There is continued in existence the Higher Education (HECS) Account. The purpose of the Account is to make payments under section 61.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
There must be credited to the Account amounts equal to the following:
(a) money paid to the Commonwealth under this Chapter, Chapter 4A, 4B or 5A, otherwise than:
(i) in discharge of an HEC assessment debt; or
(ii) by virtue of the operation of section 106U;
(b) amounts payable in respect of HEC assessment debts;
(c) amounts necessary to enable payments to be debited from the Account under section 61;
(d) money paid by any person to the Commonwealth for the purposes of the Account;
(e) interest from the investment of an amount standing to the credit of the Account.
Omit “Money in the Reserve”, substitute “Amounts standing to the credit of the Account”.
Note The heading to section 61 is altered by omitting “
Reserve ” and substituting “an amount standing to the credit of the Account ”.
Repeal the section, substitute:
Money borrowed under section 115 must be issued and applied only for the expenses of borrowing and for the purpose of making payments to institutions in accordance with section 27A.
Insert:
Aboriginals Benefit Account means the Aboriginals Benefit Account continued in existence by section 62 of theAboriginal Land Rights (Northern Territory) Act 1976 .
157
Subsection 128U(1) (definition of Aboriginals Benefit Reserve ) Repeal the definition.
158
Subsection 128U(1) (paragraph (a) of the definition of mining payment ) Repeal the paragraph, substitute:
(a) a payment made on or after 1 July 1979 and before the day that the
Financial Management Legislation Amendment Act 1999 commenced, out of the Aboriginals Benefit Reserve to the extent that the payment represents money paid into the Aboriginals Benefit Reserve on or after 1 July 1979 in pursuance of subsection 63(2) or (4) of theAboriginal Land Rights (Northern Territory) Act 1976 ; and(aa) a payment made on or after the day that the
Financial Management Legislation Amendment Act 1999 commenced by the Commonwealth in respect of a debit from the Aboriginals Benefit Account to the extent that the payment represents an amount credited to the Aboriginals Benefit Account in pursuance of subsection 63(1) or (4) of theAboriginal Land Rights (Northern Territory) Act 1976 ; and
Omit “money from the Account”, substitute “amounts standing to the credit of the Account”.
Repeal the section.
Insert:
Account means the Interstate Road Transport Account continued in existence by section 21.
Repeal the definition.
Repeal the heading, substitute:
Repeal the sections, substitute:
(1) There is continued in existence the Interstate Road Transport Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the amount of the interest must be credited to the Account.
(1) There must be credited to the Account amounts equal to the amounts received by the Commonwealth as charge and advances on account of charge.
(2) There must be credited to the Account amounts equal to amounts received by the Commonwealth by way of the repayment of amounts paid in accordance with a determination under subsection 23(1).
Omit “shall be paid out of the Reserve”, substitute “is to be debited from the Account and paid by the Commonwealth”.
Note: The heading to section 23 is replaced by the heading “
Amounts to be debited from the Account ”.
Omit “out of the Reserve shall”, substitute “under this Act must”.
Insert:
Account means the Lands Acquisition Account continued in existence by section 89A.
Repeal the definition.
Repeal the section, substitute:
(1) There is continued in existence the Lands Acquisition Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
Repeal the subsections, substitute:
(2) The Minister may direct that an amount equal to the compensation be credited to the Account.
(3) The Minister may pay rates, taxes or similar amounts charged on the land and due at the time of the acquisition and must deduct the amount of the payment from the amount of compensation that would otherwise be credited to the Account.
(4) On crediting the Account with the amount calculated under subsection (3), the compensation must, for the purposes of sections 91 and 92, be taken to have been paid to the person.
(5) If the person rectifies the default or delay referred to in subsection (1), the Commonwealth must pay the person an amount equal to the amount credited to the Account and debit the Account accordingly.
Note: The heading to section 90 is replaced by the heading “
Crediting of amounts of compensation to the Account ”.
Repeal the subsections, substitute:
(2) The Minister may direct that an amount equal to the compensation be credited to the Account.
(3) On crediting the Account with the compensation, the compensation must, for the purposes of section 115, be taken to have been paid to the person.
(4) If the person rectifies the default or delay referred to in subsection (1), the Commonwealth must pay the person an amount equal to the amount credited to the Account and debit the Account accordingly.
Note: The heading to section 114 is replaced by the heading “
Crediting of amounts of compensation to the Account ”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “money from the Account”, substitute “amounts standing to the credit of the Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “
Reserve ”, substitute “Account ”.
Insert:
Account means the National Cattle Disease Eradication Account continued in existence by section 4.
Insert:
Account’s component of charge has the meaning given by section 4A.
Insert:
Account’s component of levy has the meaning given by section 4B.
Repeal the definition.
180
Section 3 (definition of Reserve’s component of charge ) Repeal the definition.
181
Section 3 (definition of Reserve’s component of levy ) Repeal the definition.
Repeal the section, substitute:
(1) There is continued in existence the National Cattle Disease Eradication Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
Omit “
Reserve’s ”, substitute “Account’s ”.Note: The heading to section 4A is altered by omitting “
Reserve’s ” and substituting “Account’s ”.
Omit “
Reserve’s ”, substitute “Account’s ”.Note: The heading to section 4B is altered by omitting “
Reserve’s ” and substituting “Account’s ”.
Omit “paid into”, substitute “credited to”.
Omit “Reserve’s”, substitute “Account’s”.
Note: The heading to section 5 is replaced by the heading “
Credit of amounts to Account ”.
Repeal the paragraph.
Omit “money from the Reserve”, substitute “an amount standing to the credit of the Account”.
Add:
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
Repeal the section, substitute:
(1) The amount standing to the credit of the Account may, with the approval of the Minister, be debited for the following purposes:
(a) making payments to the States, and in meeting costs incurred by the Commonwealth, for the purpose of the eradication of any disease of cattle that is endemic in Australia;
(b) making payments in respect of any expenses connected with the eradication of any disease of cattle that is endemic in Australia that have been paid by the Commonwealth and have not been debited from the Account.
(2) An amount that has been credited to the Account under an Appropriation Act, may be debited from the Account.
Insert:
Account means the Medical Research Endowment Account continued in existence by section 49.
Repeal the definition.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Repeal the heading, substitute:
Repeal the sections, substitute:
(1) There is continued in existence the Medical Research Endowment Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.
There must be credited to the Account amounts equal to amounts that are given or bequeathed for the purposes of the Account.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
Omit “Reserve”, substitute “Account”.
Note: The heading to section 51 is altered by omitting “
Reserve ” and substituting “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Omit “transferred to the Reserve from the Consolidated Revenue Fund”, substitute “credited to the Account”.
Omit “
a Reserve ”, substitute “a Special Account ”.
Insert:
Account means the National Residue Survey Account continued in existence by section 6.
Repeal the definition.
Repeal the sections, substitute:
(1) There is continued in existence the National Residue Survey Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
There must be credited to the Account:
(a) amounts appropriated by Parliament for the purposes of the National Residue Survey; and
(b) in respect of each amount of National Residue Survey Levy collected by or on behalf of the Commonwealth—an amount equal to that amount of levy; and
(c) in respect of each amount of penalty collected by or on behalf of the Commonwealth in connection with National Residue Survey Levy—an amount equal to that amount of penalty; and
(d) amounts equal to amounts paid to the Commonwealth for the purposes of the National Residue Survey or the Account; and
(e) amounts equal to income from the investment of an amount standing to the credit of the Account.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
(1) Amounts standing to the credit of the Account may be debited for the following purposes:
(a) making payments, in accordance with an expenditure program approved by the Minister, for purposes related to:
(i) the monitoring and reporting of the level of contaminants in applicable products; and
(ii) if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the testing, either on a random basis or in specific cases, of applicable products or the environment for the purpose of tracing the sources of contaminants and determining the causes of contamination; and
(iii) if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the testing and reporting of the level of contaminants in applicable products or the environment, and any associated activities, for the purpose of investigating the potential sources, and determining the potential causes, of such contaminants; and
(iv) if the relevant body (as determined by the Minister) in the industry concerned agrees to the program extending to expenditure under this subparagraph—the prevention of contamination in, and the management of risks associated with, contamination of applicable products;
(b) if an amount that was credited to the Account was given by a person or body to the Commonwealth for a particular purpose but has not been fully spent for that purpose—repaying the unspent amount to the person or body.
(2) Amounts may be debited from the Account equal to expenditure incurred by the Commonwealth in relation to:
(a) the collection and recovery of amounts referred to in paragraph 7(b) or (c); or
(b) the administration of paragraph 7(b) or (c); or
(c) the carrying out of any activities of kinds referred to in paragraph (1)(a) or any related activities.
(3) An amount that has been credited to the Account under an Appropriation Act may be debited from the Account.
(4) Without limiting the generality of subsection (2), the reference in that subsection to
expenditure incurred includes a reference to:
(a) remuneration and allowances paid to staff; and
(b) other expenditure incurred in relation to the provision of staff or the provision of the services of staff; and
(c) expenditure incurred in relation to surveys conducted for the purpose of monitoring the level of contaminants; and
(d) expenditure incurred in relation to the provision of accommodation or administrative support.
Repeal the section, substitute:
As soon as practicable after the end of each financial year, the Minister is to cause a report to be laid before each House of the Parliament setting out details of the operation of the Account including:
(a) amounts credited to the Account during that financial year; and
(b) amounts debited from the Account during that financial year; and
(c) financial statements relating to the Account for that financial year; and
(d) a description of activities undertaken in relation to the National Residue Survey during that financial year.
Repeal the subsection, substitute:
(1) Subject to subsection (2), information collected under activities referred to in section 8 using amounts debited from the Account that identifies a particular person may not be released to any other person.
Repeal the heading, substitute:
Omit “Land Fund”, substitute “Land Account”.
Omit “Land Fund”, substitute “Land Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “Natural Heritage Trust of Australia Reserve”, substitute “Natural Heritage Trust of Australia Account”.
Omit “Australia Reserve”, substitute “Australia Account”.
Omit “for the Reserve”, substitute “for the Account”.
Omit “of the Reserve”, substitute “of the Account”.
Omit “Money in the Reserve”, substitute “Amounts standing to the credit of the Account”.
Repeal the heading, substitute:
Repeal the sections, substitute:
There is continued in existence the Natural Heritage Trust of Australia Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .
The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .
Repeal the subsections, substitute:
Investments
(1) Amounts equal to income derived from the investment of an amount standing to the credit of the Account are to be credited to the Account.
Note: An amount standing to the credit of the Account may be invested in accordance with the
Financial Management and Accountability Act 1997 .
Fixed income—uninvested amounts
(2) Within 28 days after the end of a financial year, there is to be credited to the Account, in respect of the financial year, an amount equal to the fixed‑income percentage of the uninvested amount standing to the credit of the Account as at the end of the financial year.
Note: The heading to section 6 is altered by omitting “
Reserve ” and substituting “Account ”.
Omit “Minister for Finance” (wherever occurring), substitute “Finance Minister”.
Repeal the subsections, substitute:
Advances on account of fixed income
(4) During a financial year, the Finance Minister may, by written instrument, determine that a specified amount is to be credited to the Account by way of an advance on account of the amount that may be credited to the Account under subsection (2) in respect of the financial year. The determination has effect accordingly.
(5) For each $1 credited under subsection (4) in respect of a financial year, the amount credited under subsection (2) in respect of the financial year is to be reduced by $1.
(6) If, at the end of a financial year:
(a) the total amount credited to the Account under subsection (4) in respect of the financial year;
exceeds:
(b) the amount (if any) that would have been credited to the Account under subsection (2) in respect of the financial year if it were assumed that no amounts had been credited under subsection (4) in respect of the financial year;
an amount equal to the excess must be debited from the Account.
(7) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Repeal the section, substitute:
Amounts standing to the credit of the Account and amounts invested by debiting the Account are not held on trust (within the ordinary meaning of that expression).
Repeal the heading, substitute:
Repeal the section, substitute:
The purposes of the Account are as follows:
(a) the National Vegetation Initiative;
(b) the Murray‑Darling 2001 Project;
(c) the National Land and Water Resources Audit;
(d) the National Reserve System;
(e) the Coasts and Clean Seas Initiative;
(f) environmental protection (as defined by section 15);
(g) supporting sustainable agriculture (as defined by section 16);
(h) natural resources management (as defined by section 17);
(i) a purpose incidental or ancillary to any of the above purposes;
(j) the making of grants of financial assistance for any of the above purposes;
(k) an accounting transfer purpose (as defined by section 18).
Omit “Money in the Reserve”, substitute “Amounts standing to the credit of the Account”.
Note: The heading to section 9 is altered by omitting “
Trust ” and substituting “Account ”.
Repeal the subsection, substitute:
(2) An amount standing to the credit of the Account that represents interest earned on an amount standing to the credit of the Account may be applied for any purpose of the Account.
Repeal the paragraphs, substitute:
(b) crediting amounts to the Natural Resources Management Account continued in existence under subsection 11(1) of the
Natural Resources Management (Financial Assistance) Act 1992 ;
Omit “Reserve”, substitute “Account”.
Omit “money in the Reserve for a purpose of the Reserve”, substitute “an amount standing to the credit of the Account for a purpose of the Account”.
Repeal the heading, substitute:
Omit “transferred to the Reserve from the Consolidated Revenue Fund”, substitute “credited to the Account”.
Omit “transferred to the Reserve”, substitute “credited to the Account”.
Omit “transferred to the Reserve from the Consolidated Revenue Fund”, substitute “credited to the Account”.
Omit “transferred to the Reserve”, substitute “credited to the Account”.
Omit “Reserve”, substitute “Account”.
Repeal the sections, substitute:
(1) This section applies if a gift or bequest is given or made for the purposes of the Account.
(2) An amount equal to the amount of the gift or bequest is to be credited to the Account.
(1) This section applies if:
(a) an amount standing to the credit of the Account is debited and paid by the Commonwealth in making a grant of financial assistance; and
(b) the grant is repaid, in whole or in part.
(2) An amount equal to the repayment is to be credited to the Account.
(1) This section applies if:
(a) the Commonwealth enters into an agreement with a person or body in relation to the spending of amounts debited from the Account and paid by the Commonwealth; and
(b) the agreement contains a provision requiring an amount to be paid or repaid to the Commonwealth in specified circumstances; and
(c) the Commonwealth receives money under the agreement.
(2) An amount equal to the receipt is to be credited to the Account.
(1) This section applies if:
(a) an amount standing to the credit of the Account is debited and paid by the Commonwealth in acquiring property or interests; and
(b) an amount is received by the Commonwealth by way of income derived from the property or interests.
(2) An amount equal to the receipt is to be credited to the Account.
(1) This section applies if:
(a) an amount standing to the credit of the Account is debited and paid by the Commonwealth in acquiring property or interests; and
(b) an amount is received by the Commonwealth from the disposal of the property or interests.
(2) An amount equal to the receipt is to be credited to the Account.
(1) This section applies if:
(a) an amount standing to the credit of the Account is debited and paid by the Commonwealth in carrying out a project; and
(b) income is received by the Commonwealth from the project or from activities carried out in relation to the project.
(2) An amount equal to the receipt is to be credited to the Account.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Repeal the subsection, substitute:
(3) For the purposes of this section, each of the following decisions is taken to be a matter that relates to the Account:
(a) a decision about a proposal to spend an amount standing to the credit of the Account;
(b) a decision relating to the investment of an amount standing to the credit of the Account;
(c) a decision to make a recommendation to the Governor‑General about the making of regulations under this Act;
(d) a decision under this Act;
(e) a decision under any other law of the Commonwealth, to the extent that the law relates to the Account.
Omit “Reserve” (wherever occurring), substitute “Account”.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Note: The heading to section 42 is altered by omitting “
Reserve ” and substituting “Account ”.
Omit “Reserve”, substitute “Account”.
Note 1: The heading to section 43 is altered by omitting “
Reserve ” and substituting “Account ”.Note 2: The heading to section 44 is altered by omitting “
Reserve ” and substituting “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Omit “Reserve” (wherever occurring), substitute “Account”.
Omit “Reserve”, substitute “Account”.
Repeal the section.
Omit “money debited from the Reserve”, substitute “an amount debited from the Account”.
Repeal the subsections, substitute:
(2) A reference in paragraph 11(4)(a) of the
Natural Resources Management (Financial Assistance) Act 1992 to amounts appropriated from time to time by the Parliament includes a reference to an amount debited from the Account in accordance with paragraphs 8(k) and 18(b) of this Act.
Omit “money debited from the Reserve”, substitute “an amount debited from the Account”.
Repeal the sections.
Insert:
Account means the Natural Heritage Trust of Australia Account continued in existence by section 4.
Repeal the definition.
Omit “
Reserve ”, substitute “Account ”.
Insert:
Account means the Natural Resources Management Account continued in existence by section 11.
Repeal the definition.
Omit “Reserve”, substitute “Account”.
Repeal the heading, substitute:
Repeal the section, substitute:
(1) There is continued in existence the Natural Resources Management Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) If interest is received by the Commonwealth from the investment of an amount standing to the credit of the Account, an amount equal to the interest must be credited to the Account.
(4) There must be credited to the Account amounts equal to the following:
(a) amounts, being gifts or bequests, given or made for the purposes of the Account;
(b) amounts paid or repaid to the Commonwealth in accordance with:
(i) an agreement under section 6 of the
Soil Conservation (Financial Assistance) Act 1985 that has effect under section 25; or
(ii) an agreement under section 6;
(c) amounts received by the Commonwealth from the disposal of property or interests acquired by the Commonwealth in accordance with an agreement under section 6.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
(5) Amounts are to be debited from the Account for the following purposes:
(a) making payments (including advances) in accordance with:
(i) an agreement under section 6 of the
Soil Conservation (Financial Assistance) Act 1985 that has effect under section 25; or
(ii) an agreement under section 6;
(b) making payments in respect of the expenses incurred by the Council in the performance of its functions;
(c) making payments in respect of other costs of administration of this Act that the Minister considers appropriate to be debited from the Account.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Omit “Consolidated Revenue Fund”, substitute “Commonwealth”.
Omit “into the Consolidated Revenue Fund”, substitute “to the Commonwealth”.
Omit “Consolidated Revenue Fund”, substitute “Commonwealth”.
Omit “Consolidated Revenue Fund”, substitute “Commonwealth”.
Repeal the paragraph.
Add:
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
Omit “
Reserve ”, substitute “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “Reserve”, substitute “Account”.
Omit “
Reserve ”, substitute “Account ”.
Omit “Reserve”, substitute “Account”.
Insert:
Confiscated Assets Special Account means the Account continued in existence under section 34A.
285
Subsection 4(1) (definition of distributable funds ) Omit “money in the Reserve”, substitute “amounts standing to the credit of the Confiscated Assets Special Account”.
Repeal the definition.
287
Subsection 4(1) (definition of suspended funds ) Omit “money in the Reserve”, substitute “amounts standing to the credit of the Confiscated Assets Special Account”.
Omit “pay the remainder of the money to the Reserve”, substitute “credit the amount of the remainder of the money to the Confiscated Assets Special Account”.
Omit “pay the remainder of those proceeds to the Reserve”, substitute “credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account”.
Omit “pay the remainder of the money to the Reserve”, substitute “credit the amount of the remainder of the money to the Confiscated Assets Special Account”.
Omit “pay the remainder of those proceeds to the Reserve”, substitute “credit the amount of the remainder of those proceeds to the Confiscated Assets Special Account”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “Reserve”, substitute “Account”.
Omit “Reserve”, substitute “Account”.
Repeal the Division.
An agreement made under section 50 or 51 of the
Telstra Corporation Act 1991 that was in force immediately before the repeal of those sections by item 456 of this Schedule, continues in force, according to its terms, after the repeal.
Repeal the Division.
An agreement made under section 56 or 57 of the
Telstra Corporation Act 1991 that was in force immediately before the repeal of those sections by item 458 of this Schedule, continues in force, according to its terms, after the repeal.
Repeal the heading, substitute:
Omit “transferred to the Regional Telecommunications Infrastructure Fund from the Consolidated Revenue Fund”, substitute “credited to the Regional Telecommunications Infrastructure Account”.
Omit “Money in the Regional Telecommunications Infrastructure Fund that represents an amount transferred under subsection (1) may only be debited”, substitute “Amounts standing to the credit of the Regional Telecommunications Infrastructure Account that represent an amount credited under subsection (1) may only be debited and paid by the Commonwealth”.
Omit “Fund”, substitute “Account”.
Omit “Money in the Regional Telecommunications Infrastructure Fund that represents an amount transferred under subsection (1) must not be debited”, substitute “Amounts standing to the credit of the Regional Telecommunications Infrastructure Account that represent an amount credited under subsection (1) must not be debited and paid by the Commonwealth”.
Omit “transferred to the Regional Telecommunications Infrastructure Fund from the Consolidated Revenue Fund by way of an advance on account of the amount that may become transferable to the Regional Telecommunications Infrastructure Fund”, substitute “credited to the Regional Telecommunications Infrastructure Account by way of an advance on account of the amount that may be credited to the Regional Telecommunications Infrastructure Account”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “transferred to the Regional Telecommunications Infrastructure Fund from the Consolidated Revenue Fund”, substitute “credited to the Regional Telecommunications Infrastructure Account”.
Omit “Money in the Regional Telecommunications Infrastructure Fund that represents an amount transferred under subsection (1) may only be debited”, substitute “Amounts standing to the credit of the Regional Telecommunications Infrastructure Account that represent an amount credited under subsection (1) may only be debited and paid by the Commonwealth”.
Omit “Fund”, substitute “Account”.
Omit “Money in the Regional Telecommunications Infrastructure Fund that represents an amount transferred under subsection (1) must not be debited”, substitute “Amounts standing to the credit of the Regional Telecommunications Infrastructure Account that represents an amount credited under subsection (1) must not be debited and paid by the Commonwealth”.
Omit “transferred to the Regional Telecommunications Infrastructure Fund from the Consolidated Revenue Fund by way of an advance on account of the amount that may become transferable to the Regional Telecommunications Infrastructure Fund”, substitute “credited to the Regional Telecommunications Infrastructure Account by way of an advance on account of the amount that may be credited to the Regional Telecommunications Infrastructure Account”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “transferred to the Regional Telecommunications Infrastructure Fund from the Consolidated Revenue Fund”, substitute “credited to the Regional Telecommunications Infrastructure Account”.
Omit “Money in the Regional Telecommunications Infrastructure Fund that represents an amount transferred under subsection (1) may only be debited”, substitute “Amounts standing to the credit of the Regional Telecommunications Infrastructure Account that represent an amount credited under subsection (1) may only be debited and paid by the Commonwealth”.
Omit “Fund”, substitute “Account”.
Omit “Money in the Regional Telecommunications Infrastructure Fund that represents an amount transferred under subsection (1) must not be debited”, substitute “Amounts standing to the credit of the Regional Telecommunications Infrastructure Account that represent an amount credited under subsection (1) must not be debited and paid by the Commonwealth”.
Omit “transferred to the Regional Telecommunications Infrastructure Fund from the Consolidated Revenue Fund by way of an advance on account of the amount that may become transferable to the Regional Telecommunications Infrastructure Fund”, substitute “credited to the Regional Telecommunications Infrastructure Account by way of an advance on account of the amount that may be credited to the Regional Telecommunications Infrastructure Account”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “Fund”, substitute “Account”.
Repeal the heading, substitute:
Repeal the section, substitute:
(1) There is continued in existence the Television Fund Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Television Fund Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) Amounts equal to income derived from the investment of an amount standing to the credit of the Television Fund Account are to be credited to the Television Fund Account.
(4) The Television Fund Account is to be administered by the Department.
Omit “transferred to the Television Fund Reserve from the Consolidated Revenue Fund”, substitute “credited to the Television Fund Account”.
Note: The heading to section 64 is replaced by the heading “
Credit of amounts to the Television Fund Account ”.
Omit “Reserve”, substitute “Account”.
Note: The heading to section 65 is altered by omitting “
Reserve ” and substituting “Account ”.
Omit “Money in the Television Fund Reserve”, substitute “Amounts standing to the credit of the Television Fund Account”.
Omit “transferred to the Television Fund Reserve from the Consolidated Revenue Fund by way of an advance on account of the amount that may become transferable to the Television Fund Reserve”, substitute “credited to the Television Fund Account by way of an advance on account of the amount that may be credited to the Television Fund Account”.
Omit “transferred” (wherever occurring), substitute “credited”.
Omit “Reserve”, substitute “Account”.
Repeal the Division.
An agreement made under section 67 or 68 of the
Telstra Corporation Act 1991 that was in force immediately before the repeal of those sections by item 491 of this Schedule, continues in force, according to its terms, after the repeal.
Repeal the section, substitute:
(1) There is continued in existence the Therapeutic Goods Administration Account.
Note: The Account was established by subsection 5(3) of the
Financial Management Legislation Amendment Act 1999 .(2) The Account is a Special Account for the purposes of the
Financial Management and Accountability Act 1997 .(3) There must be credited to the Account amounts equal to:
(a) amounts received by the Commonwealth by way of annual registration charge, annual listing charge, annual charge for inclusion in the Register and annual licensing charge; and
(b) interest received by the Commonwealth from the investment of an amount standing to the credit of the Account; and
(c) money received by the Commonwealth in relation to property paid for after a debit from the Account; and
(d) money received by the Commonwealth for services provided or to be provided, by or on behalf of the Commonwealth, using amounts standing to the credit of the Account (including amounts received by way of fees payable under the regulations); and
(e) donations for the furtherance of a purpose of the Account that are received by the Commonwealth; and
(f) receipts relating to the recovery of debts (other than debts in respect of statutory fines and penalties) by the Commonwealth that are associated with expenditure of an amount standing to the credit of the Account.
Note: An Appropriation Act provides for amounts to be credited to a Special Account if any of the purposes of the Account is a purpose that is covered by an item in the Appropriation Act.
(4) The purposes of the Account are to make payments:
(a) to further the objects of this Act (as set out in section 4); and
(b) to enable the Commonwealth to participate in the international harmonisation of regulatory controls on therapeutic goods and other related activities.
Repeal the paragraph.
Repeal the paragraph, substitute:
(a) to the Commonwealth; or
496
Saving provision—Finance Minister’s determinations If a determination under subsection 20(1) of the
Financial Management and Accountability Act 1997 is in force immediately before the commencement of this item, the determination continues in force as if it were made under subsection 20(1) of that Act as amended by this Act.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance” (wherever occurring), substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Insert:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 142G, 144X, 153 or 183 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Add:
(2) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(3) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 63 or 64 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Repeal the section.
Omit “Treasurer”, substitute “Finance Minister”.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Insert:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 3 (definition of
approved bank ), 26 or 28 to an official (within the meaning of theFinancial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Minister for Finance”, substitute “Finance Minister”.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
30
Subsection 25B(5) (definition of proposed borrowing or raising of money ) Omit “Treasurer”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Repeal the section.
Add:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 70B or 70C to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(7) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(8) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer’s”, substitute “Finance Minister’s”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Repeal the section.
Add:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 55 or 56 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Add:
(6) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(7) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Repeal the section.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(4) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 33 or 34 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Repeal the section.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Add:
(3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
(4) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(5) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(6) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “, other than offences against provisions of Division 4 of Part 3”.
Omit “Treasurer”, substitute “Finance Minister”.
Insert:
(4A) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Repeal the subsection, substitute:
(4) A person commits an offence if:
(a) such a disqualification is in force against the person; and
(b) the person is a director of a Commonwealth authority.
Maximum penalty: Imprisonment for 1 year.
(4A) However, the person has an excuse if the person is a director of a Commonwealth authority with the leave of the Court.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4A), see subsection 13.3(3) of the
Criminal Code .
Omit “subsection (4)”, substitute “subsection (4A)”.
After “contravene”, insert “such”.
Omit “imposed under subsection (5)”.
Repeal the section, substitute:
In this Act, unless the contrary intention appears:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Society means the Co‑operative Farmers and Graziers Direct Meat Supply Limited.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (first occurring), substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Repeal the section.
Insert:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 8, 37, 38 or 41 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(4) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
After “62”, insert “or 62A”.
After “62”, insert “or 62A”.
After “Minister”, insert “or Treasurer”.
Repeal the subsection, substitute:
(2) If the Chief Executive is subject to directions in relation to the exercise of a power or function delegated to the Chief Executive under section 62 or 62A, the Chief Executive must give corresponding directions to the second delegate.
(3) The second delegate must comply with any directions of the Chief Executive.
Omit “Department of Finance”, substitute “Department of Finance and Administration”.
Repeal the subsection, substitute:
(2) If there is no Agency responsible for the matter, or if the responsible Agency is the Department of Finance and Administration or the Australian Customs Service, then the third member of the Committee is to be a Chief Executive nominated by the Finance Minister.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under sections 83 and 84 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Add:
(4) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(3) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Minister for Finance”, substitute “Finance Minister”.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Repeal the section, substitute:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 36 or 37 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Add:
(2) In paragraph (1)(c), the reference to an annual report prepared under Part 4A of the
Aboriginal and Torres Strait Islander Commission Act 1989 includes a reference to a report of the Indigenous Land Corporation referred to in subsection 193K(2) of that Act.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Repeal the section, substitute:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 50 or 50A to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Repeal the section, substitute:
In this Act, unless the contrary intention appears:
Authority means the Queensland Fisheries Management Authority constituted by theFisheries Act 1994 of Queensland.
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Add:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 5 or 6 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Treasurer” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(4) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(5) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .Note: The heading to section 4 is altered by omitting “
Treasurer ” and substituting “Finance Minister ”.
Repeal the section.
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance” (wherever occurring), substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 42 or 43 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Minister for Finance”, substitute “Finance Minister”.
Add:
(5) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(6) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(7) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Insert:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Minister for Finance”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Repeal the section, substitute:
(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under section 60 or 61 to an official (within the meaning of the
Financial Management and Accountability Act 1997 ).(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.
Omit “Treasurer”, substitute “Finance Minister”.
Omit “Treasurer”, substitute “Finance Minister”.
Add:
(5) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(6) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
Omit “Minister for Finance and Administration”, substitute “Finance Minister”.
Add:
(2) The Finance Minister may, by written instrument, delegate any of the Finance Minister’s powers or functions under this section to an official (within the meaning of the
Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.(3) In this section:
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
174
Saving provision—provisions that formerly referred to the Treasurer
(1) Any thing that:
(a) was done by the Treasurer, or by a delegate of the Treasurer, before the commencing time under an affected provision; and
(b) was in effect immediately before the commencing time;
continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.
(2) In this item:
affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.
commencing time means the day this Act receives the Royal Assent.
Finance Minister means the Minister who administers theFinancial Management and Accountability Act 1997 .
The Acts specified in this Schedule are repealed.
[
(229/04) |
0
0
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