Financial Management Act 1996 (ACT)
Financial Management Act 1996
A1996-22
Republication No 67
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025‑29
About this republication
The republished law
This is a republication of the Financial Management Act 1996 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Financial Management Act 1996
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Act subject to Territory Superannuation Provision Protection Act 2
3 Dictionary 2
3A Notes 2
3B Declaration that certain bodies are not territory authorities for Act 3
4 Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly 3
Part 2 Budget management
Division 2.1 Appropriations and budgets
Subdivision 2.1.1 Appropriations and budgets—generally
5 Timing of first Appropriation Bill for financial year 5
6 Necessity for appropriation 5
7 Payments authorised on lapse of appropriation 5
7A Temporary advance for new purpose or new entity 6
8 Form of appropriations 7
9 Net controlled recurrent payments 8
9A Net appropriations for capital injections 9
9B Appropriations for payments on behalf of Territory to be net appropriations 9
10 Budget papers 9
11 Territory budgets 10
11A Financial policy objectives and strategies statement 13
12 Directorate budgets 14
12AA Territory authority budgets 16
12A Territory-owned corporation budgets 16
13 Supplementary budget papers 17
13A Amendment of budgets for supplementary appropriation 18
14 Transfer of funds between appropriations 19
14A Transfer of funds from capital injection appropriation to other appropriations 20
14B Transfer of funds from other appropriations to capital injection appropriation 20
15A Reclassification of certain appropriations 21
16 Transfer of functions to another entity 22
16A Appropriation for accrued employee entitlements 22
16B Rollover of undisbursed appropriation 23
17 Variation of appropriations for Commonwealth grants 24
17A Variations of appropriations for certain payments to Commonwealth 25
Subdivision 2.1.2 Treasurer’s advances
18 Treasurer’s advance 26
18A Treasurer’s advance—payment pending supplementary appropriation 28
18B Treasurer’s advance—reduction of amounts 28
18C Assembly to be told about Treasurer’s advance 29
Subdivision 2.1.3 Capital works reserve
18D Capital works reserve—appropriation 31
18E Capital works reserve—authorising payments from reserve 31
18F Capital works reserve—reducing partially unused payments 32
18G Capital works reserve—Treasurer must notify Assembly 33
Subdivision 2.1.4 Appropriations and budgets—other matters
19 Refunds of payments made without liability 34
19A Payments for Territory GST liabilities 35
19AA Payments for Territory GST administration costs 35
19B Authorisation of appropriation for certain Commonwealth grants 36
19C Amendment of capital injection conditions 37
19D Amendment of performance criteria 37
20 Recommended appropriation for Office of the Legislative Assembly 39
20AA Appropriation for Office of the Legislative Assembly 39
20AB Recommended appropriation for officers of the Assembly 40
20AC Appropriation for officers of the Assembly 40
Division 2.2 Budget reviews and pre-election updates
20A Budget review 41
20B Purpose and contents of budget review 41
20C Pre-election budget update 42
20D Purpose and contents of pre-election budget update 43
Part 3 Financial reports
Division 3.1 Financial reports of the Territory
21 Meaning of the Territory in div 3.1 45
22 Annual financial statements of the Territory 45
23 Responsibility for annual financial statements 45
24 Audit of annual financial statements 46
25 Presentation of annual financial statements to Legislative Assembly 47
26 Periodic financial statements 48
Division 3.2 Financial reports and performance statements of directorates
27 Annual financial statements of directorates 49
28 Responsibility for annual financial statements of directorates 50
29 Audit of financial statements of directorates 51
30 Directorate annual financial statements to be included in annual reports etc 51
30A Statements of performance of directorates 51
30B Responsibility for directorate statements of performance 52
30C Scrutiny of directorate statements of performance 53
30D Directorate statements of performance to be included in annual reports etc 53
30E Half-yearly directorate performance reports 53
Division 3.3 Capital works reports
30F Capital works report of Territory 54
Part 4 Financial management responsibilities of directors‑general of directorates
31 Responsibilities of directors‑general of directorates 56
31A Directors-general may enter into contracts etc 58
Part 5 Banking and investment
32 Agreement for the conduct of banking for Territory 59
33 Territory banking account 59
34 Directorate banking accounts 59
34A Transfer of directorate banking account 60
34B End of year balances of directorate banking accounts 60
35 Payments into banking accounts 61
36 Transfer following change in directorate responsibilities 61
36A Transfers from directorate banking accounts to territory banking account 62
37 Payments from territory banking account 62
37A Payments into territory banking account 62
38 Investment of certain public money 63
Part 6 Borrowing and guarantees
39 Power of Territory to borrow 65
40 Treasurer may borrow on behalf of Territory 65
41 Power of territory authorities to borrow 65
42 Borrowings by territory authorities to be approved 65
43 Territory authorities may give security 66
44 Power to approve borrowings not delegable 66
45 Loans to be paid into territory banking account 66
46 Payments by Treasurer 66
47 Guarantees by Territory 67
Part 7 Trust money
49 Identity of trust money 68
50 Administration of trust money 68
51 Directorate trust banking accounts 68
51A Transfer of directorate trust banking accounts 69
51B Transfers between trust banking accounts—changes in directorate responsibilities 69
51C Transfers between trust banking accounts—investment 70
52 Transfers between trust banking account and territory banking account 70
53 Investment of trust money 70
53A Unclaimed trust money 70
53B Reviewable decision notices 72
53C Applications for review 72
Part 8 Financial provisions for territory authorities
54 Application––pt 8 73
55 Responsibilities of chief executive officers of territory authorities 73
56 Responsibilities of governing boards of territory authorities 75
57 Banking accounts of territory authorities 76
58 Investment by territory authorities 77
59 Borrowing by territory authorities 78
60 Guarantees by territory authorities 79
61 Territory authority statements of intent 79
62 Presentation of statements of intent of territory authorities 81
63 Annual financial statements of territory authorities 82
64 Responsibility for annual financial statements of territory authorities 83
65 Audit of annual financial statements of territory authorities 84
66 Annual financial statements of territory authorities to be included in annual reports etc 84
67 Treasurer may require interim financial statements etc for territory authorities 84
68 Statements of performance of territory authorities 85
69 Responsibility for territory authority statements of performance 86
70 Scrutiny of territory authority statements of performance 87
71 Territory authority statements of performance to be included in annual reports etc 87
Part 9 Governance of territory authorities
Division 9.1 Definitions and important concepts
72 Definitions—pt 9 88
73 Nature of relevant territory authorities 89
74 Powers of territory authorities generally 90
75 Execution of documents and assumptions people dealing with relevant territory authority may make 91
76 Governing board of territory authority 92
77 Role of governing board 92
Division 9.2 Governing board member appointments
78 Appointment of governing board members generally 92
79 Appointment of chair and deputy chair 94
80 Appointment of CEO of authority with governing board 95
81 Ending board member appointments 96
Division 9.3 Functions of governing board members
82 Chair’s functions 97
83 Deputy chair’s functions 98
84 CEO’s functions 98
85 Honesty, care and diligence of governing board members 99
86 Conflicts of interest by governing board members 99
87 Agenda to require disclosure of interest item 99
88 Disclosure of interests by governing board members 99
89 Reporting of disclosed governing board interests to Minister 101
90 Protection of governing board members from liability 102
91 Indemnification and exemption of governing board members 102
92 Compensation for exercise of functions etc 103
Division 9.4 Governing board meetings
93 Time and place of governing board meetings 104
94 Presiding member at governing board meetings 104
95 Quorum at governing board meetings 105
96 Voting at governing board meetings 105
97 Conduct of governing board meetings etc 105
Division 9.5 Requirements and obligations for territory authorities
98 Limitations on authorities forming corporations etc 106
99 Limitations on authorities taking part in joint ventures and trusts 107
100 Corporations, joint ventures and trusts in which authority has interest 108
101 Obligation of authorities to tell Minister about significant events 108
102 Ministerial directions to authorities about financial etc statements 109
103 Application of government policies to authorities 110
Division 9.6 Restructuring of territory authorities
104 Purpose of div 9.6 111
105 What territory authorities does div 9.6 apply to? 111
106 Responsible Minister may direct div 9.6 authority to sell or transfer assets 112
107 Transfer of assets by declaration—div 9.6 authorities 112
108 Transfer of contractual rights and liabilities by declaration—div 9.6 authorities 113
109 Transfer of liabilities by declaration—div 9.6 authorities 114
110 Assistance given by authorities for div 9.6 115
111 Assistance given by governing board members for div 9.6 116
112 Use of information by Territory and div 9.6 authorities 117
113 Contracts relating to the protection of information—responsible Minister for div 9.6 authority 118
114 Contracts relating to the protection of information—div 9.6 authority 118
115 Transfer of pending proceedings—div 9.6 authorities 119
116 Proceedings and evidence—div 9.6 authorities 120
117 Operation of div 9.6 not breach of contract etc 121
118 Transfer of assets etc not otherwise disposed of—div 9.6 authorities 122
119 Annual reports etc for div 9.6 authorities 122
Division 9.7 Additional provisions for restructuring of certain territory authorities
120 What territory authorities does div 9.7 apply to? 124
121 Definitions—div 9.7 124
122 Vesting of assets, rights and liabilities—div 9.7 authorities 125
123 Proceedings and evidence—div 9.7 authorities 125
124 Annual reports and financial statements for div 9.7 authorities 126
125 References to div 9.7 authority 128
Part 9A Insourcing framework
126 Meaning of public sector entity—pt 9A 129
127 Responsible chief executive officer to ensure compliance with this part 129
128 Insourcing framework 130
129 Insourcing evaluation for services or works 130
Part 10 Miscellaneous
130 Act of grace payments 132
131 Waiver of debts etc 133
132 Payments in relation to deceased estates 134
133 Guideline-making power 135
134 Regulation-making power 135
Dictionary136
Endnotes
1 About the endnotes 144
2 Abbreviation key 144
3 Legislation history 145
4 Amendment history 156
5 Earlier republications 179
6 Expired transitional or validating provisions 184
Financial Management Act 1996
An Act to provide for the financial management of the government of the Territory, to provide for the scrutiny of that management by the Legislative Assembly, to specify financial reporting requirements for the government of the Territory, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Financial Management Act 1996.
Act subject to Territory Superannuation Provision Protection Act
This Act is subject to the Territory Superannuation Provision Protection Act 2000.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in the Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act or in other legislation.
For example, the signpost definition ‘superannuation appropriation—see the Territory Superannuation Provision Protection Act 2000, dictionary.’ means that the term ‘superannuation appropriation’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156).
3ANotes
A note included in this Act is explanatory and is not part of the Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3BDeclaration that certain bodies are not territory authorities for Act
(1)The Treasurer may declare that a stated body is not a territory authority for this Act or a stated provision of this Act.
(2)A declaration is a notifiable instrument.
Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly
(1)Unless the contrary intention appears, the provisions of parts 2 to 5 apply to—
(a)the Office of the Legislative Assembly as if—
(i)a reference in those provisions to a directorate included a reference to the office; and
(ii)a reference in those provisions to the responsible Minister of a directorate were a reference to the Speaker; and
(iii)a reference in those provisions to the responsible director‑general of a directorate included a reference to the clerk of the Legislative Assembly; and
(b)an officer of the Assembly as if—
(i)a reference in those provisions to a directorate included a reference to the officer; and
(ii)a reference in those provisions to the responsible Minister of a directorate were a reference to the Legislative Assembly; and
(iii)a reference in those provisions to the responsible director‑general of a directorate included a reference to the officer.
(2)Division 3.2 (Financial reports and performance statements of directorates) applies to the auditor-general as if a reference in that division to the auditor-general were a reference to the independent auditor engaged under the Auditor-General Act 1996, section 31 (Independent auditor).
NoteDiv 3.2, s 30A and s 30E do not apply to the auditor-general (see s 30A (3) and s 30E (4)).
(3)For section 20AB and section 20AC, a reference to an officer of the Assembly, in relation to the electoral commissioner, includes the other members of the electoral commission.
NoteThe electoral commissioner is an officer of the Assembly (see Legislation Act, dict, pt 1). All members of the electoral commission are independent officers of the Legislative Assembly (see Electoral Act 1992, s 6A).
(4)Section 31 (2) (c) does not apply to—
(a)the Office of the Legislative Assembly; and
(b)an officer of the Assembly.
Part 2Budget management
Division 2.1 Appropriations and budgets
Subdivision 2.1.1 Appropriations and budgets—generally
Timing of first Appropriation Bill for financial year
Except as otherwise provided by a resolution of the Legislative Assembly, the first Appropriation Bill relating to a financial year must be introduced into the Legislative Assembly not later than 3 months after the beginning of the financial year.
Necessity for appropriation
No payment of public money must be made otherwise than in accordance with an appropriation.
Payments authorised on lapse of appropriation
(1)If, before the end of a financial year, no Act other than this Act has been passed appropriating public money to meet the requirements of the next financial year, the Treasurer may pay the amounts necessary to meet those requirements subject to the following provisions:
(a)the authority of the Treasurer under this section ceases on the commencement of the first Appropriation Act for the next financial year;
(b)on that commencement all payments made under this section for the next financial year are taken for all purposes to have been paid out of money appropriated by that Act;
(c)for the 2021-22 financial year—the payments made under this section for any purpose must not exceed, in total, 75% of the amount appropriated by Appropriation Acts for the 2020-21 financial year for that purpose;
(d)for any other financial year—the payments made under this section for any purpose must not exceed, in total, 1/2 of the amount appropriated by Appropriation Acts for the immediately previous financial year for that purpose.
(2)In this section:
purpose means a purpose that could reasonably be considered to be within the usual responsibilities and ordinary business of an entity.
7ATemporary advance for new purpose or new entity
(1)This section applies if—
(a)an amount is proposed to be appropriated by a bill for the first Appropriation Act for a financial year for a new purpose or a new entity; and
(b)the bill has not yet been passed by the Legislative Assembly.
(2)The Treasurer may, in writing, authorise an amount (a temporary advance) for expenditure for the new purpose or new entity if the Treasurer is satisfied that there is an immediate requirement for the expenditure.
(3)A temporary advance must be authorised from the amount paid by the Treasurer under section 7 for section 18 (Treasurer’s advance).
(4)The total amount of temporary advances authorised must not exceed 50% of the amount paid by the Treasurer under section 7 for section 18.
(5)On the commencement of the first Appropriation Act for the financial year—
(a)the temporary advance ceases; and
(b)the temporary advance is taken to have been paid out of money appropriated by that Act; and
(c)the amount appropriated for section 18 for the financial year is taken to be restored by the amount of the temporary advance; and
(d)if the amount proposed to be appropriated under subsection (1) (a) is not passed in that Act—the temporary advance is taken to have been authorised from the appropriation for section 18 for the financial year.
(6)If the Treasurer authorises a temporary advance, the Treasurer must attach the authorisation to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
(7)In this section:
new entity means an entity that has a purpose not previously included, or not reasonably considered to be, within the usual responsibilities and ordinary business of another entity.
new purpose means a purpose other than a purpose that could reasonably be considered to be within the usual responsibilities and ordinary business of an entity.
Form of appropriations
(1)An Appropriation Act may make separate appropriations in relation to each directorate for—
(a)any controlled recurrent payments to be provided to the directorate; and
(b)any capital injection to be provided to the directorate; and
(c)any payments to be made by the directorate on behalf of the Territory.
(2)An Appropriation Act may make separate appropriations in relation to a territory authority or territory-owned corporation for—
(a)any controlled recurrent payments to be provided to the authority or corporation; and
(b)any capital injection to be provided to the authority or corporation.
(3)There must be a separate Appropriation Act for an appropriation for the Office of the Legislative Assembly.
(4)Any appropriation for an officer of the Assembly must be contained in an Appropriation Act for an appropriation for the Office of the Legislative Assembly.
Net controlled recurrent payments
(1)An appropriation for controlled recurrent payments may be expressed to be made for net controlled recurrent payments.
(2)Despite section 6 (Necessity for appropriation), if an appropriation for a directorate is stated to be made for net controlled recurrent payments, the directorate may apply the following in paying the expenses and liabilities of the directorate:
(a)the payments it is entitled to receive for providing goods and services, other than controlled recurrent payments under an Appropriation Act;
(b)the value of the input tax credits to which it is entitled for taxable supplies in relation to controlled recurrent payments.
(3)If the appropriations made by an Appropriation Act for a directorate do not state an amount, or state a ‘0’ appropriation, for controlled recurrent payments, the appropriations have effect as if they included an appropriation for controlled recurrent payments for the directorate at no net cost to the Territory.
9ANet appropriations for capital injections
(1)An appropriation for a capital injection may be stated to be made for, or partly for, the net cost of purchasing or developing assets.
(2)Despite section 6, if an appropriation is stated to be made for, or partly for, the net cost of purchasing or developing assets, the value of the input tax credits to which the relevant entity is entitled for taxable supplies in relation to purchasing or developing the assets may be applied by the entity in paying the expenses and liabilities of the entity in purchasing or developing the assets.
(3)In this section:
relevant entity, in relation to an appropriation for a capital injection, means the territory entity that is to undertake the purchasing or developing of assets for which the appropriation is made.
9BAppropriations for payments on behalf of Territory to be net appropriations
Despite section 6 (Necessity for appropriation), if an appropriation for a directorate is made for payments to be made on behalf of the Territory, the directorate may apply input tax credits to which the Territory is entitled for taxable supplies for which the payments are made towards the payments under the appropriation.
Budget papers
The Treasurer must, for each financial year, immediately after the presentation of the bill for the first Appropriation Act relating to the year, present to the Legislative Assembly—
(a)the proposed budget for the Territory for the year; and
(b)the proposed budget for each directorate for the year; and
(c)the proposed budget for each territory authority and territory‑owned corporation for the year; and
(d)a consolidated financial management statement in relation to—
(i)the general government sector; and
(ii)the public trading enterprise sector.
Territory budgets
(1)The proposed budget for the Territory for a financial year presented to the Legislative Assembly under section 10 (a) must include—
(a)a financial policy objectives and strategies statement under section 11A for the financial year; and
(b)a statement of the economic or other assumptions used to make the budget estimates; and
(c)a statement about the sensitivity of the budget estimates to changes in the economic or other assumptions; and
(d)a statement of the risks, quantified if possible, that may affect the budget estimates, including contingent liabilities; and
(e)the financial statements required under the financial management guidelines; and
(f)a statement about the effect of the following on an ACT household for the financial year:
(i)Territory taxes and fees that have a direct effect on the household;
(ii)Territory concessions that offset the taxes and fees mentioned in subparagraph (i); and
(g)a statement about the government’s spending intentions for the financial year, including any significant change in spending intentions from the previous financial year.
(2)The proposed budget may include anything else the Treasurer considers relevant.
(3)The proposed budget must be prepared in a form that assists a comparison between the budget for the Territory for the previous financial year and the proposed budget.
(4)The financial statements included in the proposed budget under subsection (1) (e) must include budget estimates for each of the next 3 financial years.
(5)The proposed budget must be prepared taking into account—
(a)the principles of responsible fiscal management;
(b)the object of providing a basis for sustainable social and economic services and infrastructure fairly to all ACT residents; and
(c)the object of ecologically sustainable development.
(6)The proposed budget may depart from the principles of responsible fiscal management, but if it does depart—
(a)any departure must be temporary; and
(b)the Treasurer must present to the Legislative Assembly, when the first Appropriation Bill for the financial year is presented to the Legislative Assembly, a statement setting out—
(i)the reasons for the departure; and
(ii)the approach intended to be taken to return to the principles; and
(iii)when the principles are expected to be returned to.
(7)In this section:
ecologically sustainable development means the effective integration of economic and environmental considerations in decision-making processes achievable through implementation of the following principles:
(a)the precautionary principle;
(b)the inter-generational equity principle;
(c)conservation of biological diversity and ecological integrity;
(d)improved valuation and pricing of environmental resources.
fiscal risks include the following:
(a)risks from the level of the Territory’s general government sector debt;
(b)commercial risks from ownership of corporations and public enterprises;
(c)risks from changes in the structure of the Territory’s tax base;
(d)risks from management of the Territory’s assets and liabilities.
inter-generational equity principle means that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.
precautionary principle means that, if there is a threat of serious or irreversible environmental damage, a lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.
principles of responsible fiscal management means the following principles:
(a)ensuring that the total liabilities of the Territory are at prudent levels to provide a buffer against factors that may impact adversely on the level of total Territory liabilities in the future, and ensuring that, until prudent levels have been achieved, the total operating expenses of the Territory in each financial year are less than its operating income levels in the same financial year;
(b)when prudent levels of total Territory liabilities have been achieved, maintaining the levels by ensuring that, on average, over a reasonable period of time, the total operating expenses of the Territory do not exceed its operating income levels;
(c)achieving and maintaining levels of Territory net worth to provide a buffer against factors that may impact adversely on levels of Territory net worth in the future;
(d)managing prudently the fiscal risks of the Territory;
(e)pursuing spending and taxing policies that are consistent with a reasonable degree of stability and predictability in the level of the tax burden;
(f)giving full, accurate and timely disclosure of financial information about the activities of the government and its agencies.
11AFinancial policy objectives and strategies statement
(1)The purposes of a financial policy objectives and strategies statement included in a proposed budget under section 11 (1) (a) are—
(a)to make transparent the government’s financial strategies; and
(b)to establish a benchmark for evaluating the government’s conduct of financial policy.
(2)The statement must be based on the principles of responsible fiscal management.
(3)The statement must—
(a)state the government’s long-term financial objectives within which financial policy for the financial year and the next 3 financial years will be framed; and
(b)explain the broad strategic priorities on which the budget is based; and
(c)state the key financial measures that the government has identified as being important and against which financial policy will be set and assessed; and
(d)state, for the financial year and the next 3 financial years—
(i)the government’s short-term financial objectives; and
(ii)the targets for each stated key financial measure; and
(e)explain how the financial objectives and strategic priorities mentioned in paragraphs (a), (b) and (d) relate to the principles of responsible fiscal management; and
(f)state the reasons for any changes from the previous financial policy objectives and strategies statement.
(4)In this section:
principles of responsible fiscal management—see section 11 (7).
Directorate budgets
(1)A proposed budget for a directorate for a financial year presented to the Legislative Assembly under section 10 (b) must include—
(a)the financial statements required under the financial management guidelines; and
(b)a statement that sets out—
(i)the outputs and classes of outputs it is proposed the directorate should provide during the year; and
(ii)the performance criteria to be met by the directorate in providing the outputs; and
(iii)for each output and class of output mentioned in subparagraph (i)—
(A)the proposed budget expense and proposed appropriation for the financial year; and
(B)the estimated expense and appropriation for the previous financial year; and
(c)if, during the year, the directorate is to be given a capital injection that must be repaid—a statement that—
(i)states that the capital injection is a capital injection; and
(ii)sets out the conditions under which the injection is to be given, including the requirements about the time within which it must be repaid.
(2)Subsection (1) (b) does not apply to—
(a)the Office of the Legislative Assembly; or
(b)an officer of the Assembly.
(3)A proposed budget must be in a form that facilitates a comparison between—
(a)the proposed budget for the directorate; and
(b)the budget for the directorate for the previous financial year; and
(c)the estimated results for the directorate for the previous financial year.
(4)A proposed budget must also include, for the financial statements mentioned in subsection (1) (a), budget estimates for each of the next 3 financial years.
12AATerritory authority budgets
A proposed budget presented to the Legislative Assembly under section 10 (c) for a territory authority for a financial year is the statement of intent under section 61 (Territory authority statements of intent) for the authority for the financial year.
12ATerritory-owned corporation budgets
(1)A proposed budget presented to the Legislative Assembly under section 10 (c) for a territory-owned corporation for a financial year must include—
(a)the financial statements required under the financial management guidelines; and
(b)for a prescribed territory‑owned corporation—a statement that sets out—
(i)the outputs and classes of outputs it is proposed that the territory‑owned corporation should provide during the year; and
(ii)the performance criteria to be met by the territory‑owned corporation in providing the outputs; and
(iii)for each output and class of output mentioned in subparagraph (i)—
(A)the proposed budget expense and proposed appropriation for the financial year; and
(B)the estimated expense and appropriation for the previous financial year; and
(c)for a territory-owned corporation that, during the year, is to be given a capital injection that must be repaid—a statement that—
(i)states that the capital injection is an injection that must be repaid; and
(ii)sets out the conditions under which the injection is to be given, including the requirements about the time within which it must be repaid.
(2)A proposed budget must be in a form that facilitates a comparison between—
(a)the proposed budget for the territory-owned corporation; and
(b)the budget for the territory-owned corporation for the previous financial year; and
(c)the estimated results for the territory-owned corporation for the previous financial year.
(3)A proposed budget must also include, for the financial statements mentioned in subsection (1) (a), budget estimates for each of the next 3 financial years.
Supplementary budget papers
(1)This section applies if the Treasurer presents a bill for an Appropriation Act relating to a financial year to the Legislative Assembly, other than—
(a)the bill for the first Appropriation Act relating to the year; or
(b)the bill for the first Appropriation Act for the appropriation for the Office of the Legislative Assembly relating to the year.
(2)The Treasurer must also present supplementary budget papers to the Assembly.
(3)The supplementary budget papers must, for each territory entity for which an appropriation is provided by the bill (an affected entity)—
(a)state, for each purpose mentioned in section 8 that applies to the affected entity—
(i)the amount of the appropriation provided in the first Appropriation Act; and
(ii)the variations (if any) previously made to the appropriation under this Act; and
(iii)the amount of the appropriation provided by the bill; and
(iv)the total amount appropriated for the entity for the financial year; and
(b)include a budgeted financial statement for each affected entity that—
(i)includes details of the impact on the budget of the affected entity of all variations to the appropriation that happened until the last day when it was practicable to provide for it in the relevant supplementary Appropriation Bill before the bill was introduced into the Legislative Assembly; and
(ii)may show the impact of variations other than variations resulting from additional appropriations.
Example—par (b) (ii)
the impact of revised economic forecasts
13AAmendment of budgets for supplementary appropriation
(1)If an appropriation is made for a territory entity by an Appropriation Act other than the first Appropriation Act for it for a financial year, the budget for the territory entity is amended in accordance with—
(a)the supplementary budget papers presented to the Legislative Assembly under section 13 (1) in relation to the bill for the Act by which the appropriation was made; and
(b)any statement presented to the Legislative Assembly under section 13 (5) (b) in relation to the bill.
(2)In this section:
budget, for the territory entity, means the budget for the territory entity for the financial year presented to the Legislative Assembly under section 10 (b) or (c) (Budget papers) and, if the budget has been amended under this Act, the budget as amended.
Transfer of funds between appropriations
(1)Despite section 6 (Necessity for appropriation), the Treasurer may, in writing, direct that appropriations made by an Appropriation Act be varied by transfers of funds between the appropriations.
(2)A transfer of funds between appropriations under this section must not cause an appropriation from which funds are transferred to be reduced by more than 3%.
(3)The Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
(4)Subsection (1) does not apply to a superannuation appropriation.
(5)In this section:
appropriation means an appropriation made by an Appropriation Act in a financial year or, if the appropriation is amended during the financial year, the appropriation as amended.
14ATransfer of funds from capital injection appropriation to other appropriations
(1)Despite section 6 (Necessity for appropriation), the Treasurer may, in writing, direct that an appropriation for capital injection for an entity be varied by a transfer of funds from that appropriation to an appropriation for—
(a)controlled recurrent payments for the entity; or
(b)payments to be made on behalf of the Territory for the entity.
(2)If the transfer would cause the appropriation for the capital injection to be reduced by—
(a)up to 5% or $500 000, whichever is the greater—the Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly; or
(b)more than 5% or $500 000, whichever is the greater—the direction is a disallowable instrument.
NoteFor the presentation of financial statements, see s 26.
(3)In this section:
appropriation for capital injection means an appropriation for capital injection made by an Appropriation Act in a financial year or, if the appropriation is amended during the financial year, the appropriation as amended.
14BTransfer of funds from other appropriations to capital injection appropriation
(1)Despite section 6 (Necessity for appropriation), the Treasurer may, in writing, direct that an appropriation for controlled recurrent payments or payments to be made on behalf of the Territory for an entity be varied by a transfer of funds from those appropriations to an appropriation for capital injection for the entity.
(2)The Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
(3)In this section:
appropriation for controlled recurrent payments means an appropriation for controlled recurrent payments made by an Appropriation Act in a financial year or, if the appropriation is amended during the financial year, the appropriation as amended.
appropriation for payments to be made on behalf of the Territory means an appropriation for payments to be made on behalf of the Territory made by an Appropriation Act in a financial year or, if the appropriation is amended during the financial year, the appropriation as amended.
15AReclassification of certain appropriations
(1)If an appropriation has been classified by the Act by which it was made as an appropriation for payments to be made by a directorate on behalf of the Territory, the Treasurer may, if the Treasurer is satisfied that the appropriation should be classified as an appropriation for controlled recurrent payments to be provided to the directorate, in writing, direct that the classification of the appropriation be changed accordingly.
(2)If an appropriation has been classified by the Act by which it was made as an appropriation for controlled recurrent payments to be provided to a directorate, the Treasurer may, if the Treasurer is satisfied that the appropriation should be classified as an appropriation for payments to be made by the directorate on behalf of the Territory, in writing, direct that the classification of the appropriation be changed accordingly.
(3)If the Treasurer gives a direction under subsection (1) or (2), the Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
Transfer of functions to another entity
(1)This section applies if the responsibility for a service or function for which an appropriation is made in an Appropriation Act for a financial year is or has been transferred from the territory entity to which the appropriation is made to another territory entity.
(2)The Treasurer may, in writing, direct that the appropriation does not lapse but may, in accordance with the direction, be issued to, or applied by, the other territory entity for the service or function.
(3)If the Treasurer gives a direction under subsection (2), the Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
(4)This section does not apply to a superannuation appropriation.
16AAppropriation for accrued employee entitlements
(1)This section applies if—
(a)an employee entitlement exists in relation to a territory entity in a financial year; and
(b)the total amount of employee entitlements paid, or required to be paid, by the territory entity in the financial year exceeds the amount appropriated for the territory entity in relation to employee entitlements for the financial year.
(2)The Treasurer may, in writing, authorise an appropriation for the territory entity for the amount that the total amount paid, or required to be paid, in the financial year exceeds the amount appropriated for the territory entity for the financial year.
(3)If the Treasurer authorises an appropriation under this section, the Treasurer must attach a copy of the authorisation to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
16BRollover of undisbursed appropriation
(1)This section applies to an amount of appropriation if, at the end of the financial year in which the appropriation is made, the amount is not disbursed to the territory entity to which it is appropriated.
(2)The Treasurer may, in writing, authorise the amount to be disbursed in the following financial year to—
(a)the territory entity; or
(b)if responsibility for a service or function for which the appropriation is made is transferred from the territory entity to another territory entity—the other territory entity.
(3)The Treasurer may give the authorisation in the financial year in which the appropriation is made, or in the following financial year.
(4)The authorisation must identify—
(a)the territory entity to which the amount is to be disbursed; and
(b)the appropriation type; and
(c)the amount authorised to be disbursed; and
(d)the purpose for which the amount may be disbursed.
(5)If the Treasurer authorises an amount to be disbursed under this section—
(a)the amount is taken to be an amount of appropriation for the financial year in which the amount is authorised to be disbursed; and
(b)the amount is in addition to the appropriation to the territory entity for that financial year.
(6)If the Treasurer authorises an amount to be disbursed under this section, the Treasurer must attach a copy of the authorisation to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
Variation of appropriations for Commonwealth grants
(1)This section applies to an appropriation that is declared by the Act by which it is made to be an appropriation to which this section applies.
(2)If—
(a)an appropriation to which this section applies is to be funded in whole or in part by a payment made to the Territory by the Commonwealth for a nominated purpose; and
(b)an estimate of the level of the funding to be provided to the Territory by the Commonwealth for that purpose is contained in the budget papers presented to the Legislative Assembly in conjunction with the bill for the Act by which the appropriation was made; and
(c)the level of funding provided to the Territory by the Commonwealth for that purpose for the financial year for which the appropriation was made is greater than the level of funding specified in those budget papers;
the Treasurer may, in writing, direct that the appropriation be increased by an amount not exceeding the difference between the level of funding specified in the budget papers and the level of funding provided by the Commonwealth.
(3)The Treasurer may give the direction—
(a)in the financial year in which the Commonwealth provides the funding to the Territory; or
(b)in the following financial year.
(4)If the Treasurer gives the direction under subsection (3) (a), the direction may also state the financial year in which the appropriation may be disbursed to a territory entity.
(5)If the responsibility for a service or function for which the appropriation is made is transferred from the territory entity to which the appropriation is made to another territory entity, the Treasurer may also direct that the appropriation be disbursed to the other territory entity.
(6)If the Treasurer gives a direction under this section—
(a)the amount is taken to be an amount of appropriation for the financial year in which the amount is authorised to be disbursed; and
(b)the amount is in addition to the appropriation to the territory entity for that financial year.
(7)If the Treasurer gives a direction under this section, the Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
17AVariations of appropriations for certain payments to Commonwealth
(1)This section applies to an appropriation that is declared by the Act by which it is made to be an appropriation to which the section applies.
(2)If—
(a)an appropriation to which this section applies is made completely or partially for a payment required to be made to the Commonwealth for the provision of a service; and
(b)an estimate of the amount of the payment is contained in the budget papers presented to the Legislative Assembly in conjunction with the bill for the Act by which the appropriation is made; and
(c)the amount of the payment exceeds the amount of the estimate;
the Treasurer may, in writing, direct that the appropriation be increased by an amount not more than the difference between the amount of the estimate and the amount of the payment.
(3)If the Treasurer gives a direction under subsection (2), the Treasurer must attach a copy of the direction to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
Subdivision 2.1.2 Treasurer’s advances
Treasurer’s advance
(1)The Treasurer may, in writing, authorise an appropriation (a Treasurer’s advance) for a payment if—
(a)the Treasurer is satisfied that—
(i)there is an immediate requirement for the payment; and
(ii)the payment is not provided for, or is insufficiently provided for, by an appropriation because—
(A)there was an erroneous omission or understatement in an appropriation; or
(B)the payment was unforeseen until after the last day when it was practicable to provide for it in the relevant Appropriation Bill before the bill was introduced into the Legislative Assembly; and
(b)for a payment by an officer of the Assembly—the Speaker, after consulting with the relevant Assembly committee, has advised the Treasurer that an additional appropriation is needed for the payment, stating the reasons for the additional appropriation; and
(c)the total Treasurer’s advances authorised as Treasurer’s advances in a financial year do not exceed the amount appropriated for that year for Treasurer’s advances.
(2)The amount appropriated for Treasurer’s advances must not exceed—
(a)for the 2021-22 financial year—5% of the total amount appropriated by all Appropriation Acts for the year; or
(b)for any other financial year—1% of the total amount appropriated by all Appropriation Acts for the year.
(3)If, by the end of the financial year in which a Treasurer’s advance is authorised, the Treasurer’s advance is not fully disbursed to the entity to which it is appropriated, the undisbursed amount of the Treasurer’s advance lapses and is not available to be disbursed to the entity in the following financial year.
(4)In this section:
relevant Appropriation Bill, for a payment, means—
(a)the bill for the first Appropriation Act for the financial year when the payment is to happen; or
(b)the bill for the first Appropriation Act for the appropriation for the Office of the Legislative Assembly or an officer of the Assembly for the financial year when the payment is to happen.
NoteAn appropriation for an officer of the Assembly must be contained in an Appropriation Act for an appropriation for the Office of the Legislative Assembly (see s 8 (4)).
18ATreasurer’s advance—payment pending supplementary appropriation
(1)This section applies if—
(a)in a financial year, the Treasurer authorises a Treasurer’s advance for a payment; and
(b)the authorisation states that the payment may be provided for in an Appropriation Act other than the first Appropriation Act (a supplementary appropriation Act) in the financial year.
(2)If a supplementary appropriation Act is passed for the payment—
(a)the Treasurer’s advance ceases; and
(b)the amount of the Treasurer’s advance is taken for all purposes to have been paid out of money appropriated by that Act; and
(c)the amount appropriated for section 18 (Treasurer’s advance) for the financial year is taken to be restored by the amount of the Treasurer’s advance.
(3)If a supplementary appropriation Act is not passed for the payment, the payment continues to be authorised from the appropriation for section 18 for the financial year.
18BTreasurer’s advance—reduction of amounts
(1)This section applies if, in a financial year—
(a)the Treasurer has authorised a Treasurer’s advance for an entity; and
(b)the Treasurer’s advance has not been fully disbursed to the entity; and
(c)the Treasurer is satisfied that the undisbursed amount is no longer required by the entity.
(2)The Treasurer may, in writing, authorise a reduction of the amount of the Treasurer’s advance to the entity to the amount actually disbursed to the entity.
(3)If the Treasurer authorises a reduction, the amount appropriated for section 18 (Treasurer’s advance) for the financial year is taken to be restored by the amount of the reduction.
18CAssembly to be told about Treasurer’s advance
(1)This section applies if the Treasurer authorises—
(a)a Treasurer’s advance; or
(b)a reduction of an amount of Treasurer’s advance under section 18B (2).
(2)If the Treasurer authorises a Treasurer’s advance, the Treasurer must within 5 business days after authorising the advance give the Speaker a copy of the authorisation.
(3)The Speaker must arrange for a copy of the authorisation to be given to each member of the Legislative Assembly as soon as practicable after it is received by the Speaker.
(4)If an authorisation is given, the Treasurer must attach to the next financial statement presented to the Legislative Assembly—
(a)a copy of the authorisation; and
(b)a reconciliation stating the following:
(i)the total amount appropriated for section 18 (Treasurer’s advance) in all Appropriation Acts for the financial year;
(ii)the total amount of Treasurer’s advance authorised previously in the financial year under section 18 (1);
(iii)the total payments for temporary advances taken to have been authorised previously in the financial year under section 7A (5) (d) (Temporary advance for new purpose or new entity);
(iv)the total amount of payments restored previously in the financial year under section 18A (2) (c);
(v)the total reduction of the amounts of Treasurer’s advance previously authorised in the financial year under section 18B (2);
(vi)the amount authorised in the authorisation;
(vii)the amount of appropriation for section 18 that remains for the financial year.
NoteFor the presentation of financial statements, see s 26.
(5)In this section—
Speaker includes—
(a)if the Speaker is unavailable—the Deputy Speaker; and
(b)if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—
(a)the Speaker is unavailable if—
(i)the Speaker is absent from duty; or
(ii)there is a vacancy in the office of the Speaker; or
(iii)the Speaker cannot for any reason exercise the functions of the Speaker; and
(b)the Deputy Speaker is unavailable if—
(i)the Deputy Speaker is absent from duty; or
(ii)there is a vacancy in the office of the Deputy Speaker; or
(iii)the Deputy Speaker cannot for any reason exercise the functions of the Deputy Speaker.
Subdivision 2.1.3 Capital works reserve
18DCapital works reserve—appropriation
(1)An Appropriation Act may make an appropriation for a capital works reserve.
(2)The amount appropriated for the capital works reserve for a financial year must not exceed 20% of the total amount appropriated for the capital works program by all Appropriation Acts for the financial year.
(3)If an amount is appropriated for a capital works reserve for a financial year and the amount is not fully disbursed by the end of the financial year, the undisbursed amount lapses and is not available to be disbursed in the following financial year.
18ECapital works reserve—authorising payments from reserve
(1)This section applies if an amount has been appropriated under an Appropriation Act for a capital works reserve for a financial year.
(2)The Treasurer may, in writing, authorise a payment for an entity’s approved capital works project (a capital works advance) to be made from the capital works reserve to the entity if—
(a)the Treasurer is satisfied that—
(i)there is an immediate requirement for the capital works advance to be made to the entity; and
(ii)the capital works advance is not provided for, or is insufficiently provided for, by the appropriation to the entity for the capital works program for the financial year; and
(b)the capital works advance would not result in the total amount for the project exceeding the total amount budgeted for the project; and
(c)the total amount of capital works advances authorised in the financial year does not exceed the amount appropriated for the capital works reserve in the year.
(3)In this section:
approved capital works project means a capital works project mentioned in the capital works program.
capital works program means the capital works program mentioned in the budget papers.
18FCapital works reserve—reducing partially unused payments
(1)This section applies if, in a financial year—
(a)the Treasurer has authorised a capital works advance for an entity; and
(b)the capital works advance has not been fully disbursed to the entity; and
(c)the Treasurer is satisfied that the undisbursed amount is no longer required by the entity.
(2)The Treasurer may, in writing, authorise a reduction of the amount of the capital works advance to the entity to the amount actually disbursed to the entity.
(3)If the Treasurer authorises a reduction, the capital works reserve for the financial year is taken to be restored by the amount of the reduction.
18GCapital works reserve—Treasurer must notify Assembly
(1)This section applies if the Treasurer authorises a capital works advance under section 18E.
(2)The Treasurer must within 5 business days after authorising the advance give the Speaker a copy of the authorisation.
(3)The Speaker must arrange for a copy of the authorisation to be given to each member of the Legislative Assembly as soon as practicable after it is received by the Speaker.
(4)The Treasurer must attach to the next financial statement presented to the Legislative Assembly—
(a)a copy of the authorisation; and
(b)a reconciliation stating the following:
(i)the total amount appropriated for the capital works reserve for the financial year under section 18D;
(ii)the total amount of capital works advances authorised in the financial year under section 18E;
(iii)the total amount of reduction of capital works advances in the financial year under section 18F;
(iv)the amount authorised in the authorisation;
(v)the amount remaining in the capital works reserve for the financial year.
Note 1For the presentation of financial statements, see s 26.
Note 2The Treasurer must also prepare a capital works report at least every 6 months (see s 30F).
(5)In this section—
Speaker includes—
(a)if the Speaker is unavailable—the Deputy Speaker; and
(b)if both the Speaker and Deputy Speaker are unavailable—the clerk of the Legislative Assembly.
unavailable—
(a)the Speaker is unavailable if—
(i)the Speaker is absent from duty; or
(ii)there is a vacancy in the office of the Speaker; or
(iii)the Speaker cannot for any reason exercise the functions of the Speaker; and
(b)the Deputy Speaker is unavailable if—
(i)the Deputy Speaker is absent from duty; or
(ii)there is a vacancy in the office of the Deputy Speaker; or
(iii)the Deputy Speaker cannot for any reason exercise the functions of the Deputy Speaker.
Subdivision 2.1.4 Appropriations and budgets—other matters
Refunds of payments made without liability
(1)If a payment is made to the Territory in purported discharge of a liability that does not exist, the amount paid may be refunded to the person by whom the payment was made whether or not there is an appropriation available for that purpose.
(2)If a payment made to the Territory to discharge a liability exceeds the amount of the liability, the amount by which the payment exceeds the liability may be refunded to the person by whom the payment was made whether or not there is an appropriation available for that purpose.
(3)If—
(a)a person has paid an amount to the Territory for tax claimed by the Territory to be owing from the person; and
(b)a court or tribunal of competent jurisdiction subsequently finds that the person was not liable for that tax or was liable for an amount of tax less than the amount paid;
the amount paid, or the amount by which the payment exceeds the liability, may be refunded to the person who made the payment whether or not there is an appropriation available for that purpose.
19APayments for Territory GST liabilities
Payments may be made to the Commonwealth for the GST liabilities of the Territory whether or not there is an appropriation for the purpose.
19AAPayments for Territory GST administration costs
Despite section 6, payments may be made to the Commonwealth for GST administration costs payable by the Territory (including by way of deduction by the Commonwealth from GST revenue payable to the Territory) whether or not there is an appropriation for the purpose.
19BAuthorisation of appropriation for certain Commonwealth grants
(1)This section applies if—
(a)funds have been provided to the Territory by the Commonwealth under an agreement that specifies how the funds may be applied; and
(b)no appropriation has been made in relation to the funds.
(2)Despite section 6 (Necessity for appropriation), the Treasurer may, in writing, authorise an appropriation to a territory entity for payments by the territory entity in accordance with the agreement.
(3)The Treasurer may—
(a)give the authorisation—
(i)in the financial year in which the Commonwealth provides the funds to the Territory; or
(ii)in the following financial year; and
(b)for an authorisation under paragraph (a) (i)—state in the authorisation the financial year in which the appropriation under subsection (2) may be disbursed to the territory entity.
(4)For an authorisation under this section, an appropriation under subsection (2)—
(a)is taken to be an amount of appropriation for the financial year in which the appropriation is authorised to be disbursed; and
(b)is in addition to the appropriation to the territory entity for that financial year.
(5)If the Treasurer gives an authorisation under this section, the Treasurer must attach a copy of the authorisation to the next financial statement presented to the Legislative Assembly.
NoteFor the presentation of financial statements, see s 26.
19CAmendment of capital injection conditions
(1)This section applies in relation to the conditions of a capital injection set out in a statement included in a proposed budget for a financial year for—
(a)a directorate under section 12 (1) (c) (ii); or
(b)a territory-owned corporation under section 12A (1) (c) (ii); or
(c)a territory authority in accordance with section 61 (5) (e).
(2)The Treasurer may amend the conditions.
(3)An amendment must state the Treasurer’s reasons for the amendment.
(4)An amendment is a notifiable instrument.
19DAmendment of performance criteria
(1)This section applies in relation to the performance criteria set out in a statement included in a proposed budget for a financial year for—
(a)a directorate under section 12 (1) (b); or
(b)a prescribed territory-owned corporation under section 12A (1) (b) (ii); or
(c)a prescribed territory authority in accordance with section 61 (6) (b).
(2)The performance criteria may be amended by—
(a)the responsible Minister for the territory entity; and
(b)the Treasurer.
(3)Without limiting subsection (2) the performance criteria may be amended if—
(a)the appropriations for the territory entity are varied under—
(i)section 14 (Transfer of funds between appropriations); or
(ii)section 14A (Transfer of funds from capital injection appropriation to other appropriations); or
(iii)section 14B (Transfer of funds from other appropriations to capital injection appropriation); or
(iv)section 17 (Variation of appropriations for Commonwealth grants); or
(b)funds are transferred to or from the territory entity under section 16 (Transfer of functions to another entity); or
(c)funds are—
(i)taken to be authorised from section 18 (Treasurer’s advance) under section 7A (5) (d) (Temporary advance for a new purpose or new entity) for a temporary advance to the territory entity; or
(ii)given to the territory entity under section 18; or
(iii)reduced under section 18B (Treasurer’s advance—reduction of amounts); or
(d)funds mentioned in section 19B (Authorisation of appropriation for certain Commonwealth grants) are given to the territory entity; or
(e)changes happen in the priorities of the territory entity; or
(f)the responsible Minister and the Treasurer are satisfied that other performance criteria should be adopted for controlled recurrent payments to be provided to the territory entity.
(4)An amendment of the performance criteria must be made in a way that—
(a)for a directorate—the budget as amended will comply with section 12 (3); and
(b)for a prescribed territory-owned corporation—the budget as amended will comply with section 12A (2); and
(c)for a prescribed territory authority—the budget as amended will comply with section 61 (4).
(5)An amendment of the performance criteria is a notifiable instrument.
(6)In this section:
budget, for the territory entity, means the budget for the territory entity for the financial year presented to the Legislative Assembly under section 10 (b) or (c) (Budget papers) and, if the budget has been amended under this Act, the budget as amended.
prescribed territory authority means a territory authority prescribed for section 61 (6).
prescribed territory-owned corporation means a territory‑owned corporation prescribed for section 12A (1) (b).
Recommended appropriation for Office of the Legislative Assembly
Before the beginning of a financial year, the Speaker must—
(a)after consultation with the relevant Assembly committee, advise the Treasurer of the appropriation that the Speaker considers should be made for the Office of the Legislative Assembly for the financial year (the recommended appropriation); and
(b)give the Treasurer a draft budget for the Office of the Legislative Assembly for the financial year that contains the information mentioned in section 12 that applies to the office.
20AAAppropriation for Office of the Legislative Assembly
(1)This section applies if—
(a)the Treasurer presents a bill for an Appropriation Act for the appropriation for the Office of the Legislative Assembly relating to a financial year in the Legislative Assembly; and
(b)the appropriation is less than the recommended appropriation for the financial year.
(2)Immediately after presenting the bill, the Treasurer must present to the Legislative Assembly a statement of reasons for departing from the recommended appropriation.
(3)In this section:
recommended appropriation—see section 20.
20ABRecommended appropriation for officers of the Assembly
Before the beginning of a financial year, the Speaker must for an officer of the Assembly—
(a)after consultation with the officer and the relevant Assembly committee, advise the Treasurer of the appropriation that the Speaker considers should be made for the officer for the financial year (the recommended appropriation); and
(b)present the recommended appropriation to the Assembly; and
(c)give the Treasurer a draft budget for the officer for the financial year that contains the information mentioned in section 12 that applies to the officer.
20ACAppropriation for officers of the Assembly
(1)This section applies if—
(a)the Treasurer presents a bill for an Appropriation Act for the appropriation for an officer of the Assembly relating to a financial year in the Legislative Assembly; and
(b)the appropriation is less than the recommended appropriation for the office for the financial year.
(2)Immediately after presenting the bill, the Treasurer must present to the Legislative Assembly a statement of reasons for departing from the recommended appropriation.
(3)In this section:
recommended appropriation—see section 20AB.
Division 2.2 Budget reviews and pre-election updates
20ABudget review
(1)The Treasurer must prepare a budget review for each financial year.
(2)The Treasurer must present the budget review for a financial year to the Legislative Assembly not later than 15 February in the financial year.
NoteThis is the same day as financial statements for the 2nd quarter of the financial year are required to be presented under s 26 (Periodic financial statements).
(3)However, if a sitting day does not fall in that year on or before 15 February, the Treasurer must give copies of the budget review to each member of the Legislative Assembly on or before that day.
20BPurpose and contents of budget review
(1)The purpose of the budget review for a financial year is to give updated information to allow the assessment of the government’s financial performance against the financial policy objectives and strategies set out in the financial policy objectives and strategies statement for the Territory budget for the financial year.
(2)The budget review for a financial year must be based on the financial policy objectives and strategies statement for the Territory budget for the financial year.
(3)The budget review for a financial year must—
(a)include updated financial statements required under the financial management guidelines for the general government sector for the financial year; and
(b)include whole-of-year results for the previous financial year, the budget for the financial year, the estimated financial position of the Territory at the end of the financial year and updated budget estimates for each of the next 3 financial years; and
(c)include a review of the financial policy objectives and strategies statement included in the budget for the financial year that satisfies the requirements of section 11A (2) and (3); and
(d)state the date as at when the review was done.
(4)However, if particular information required to be included in the budget review is unchanged from information set out in full in the budget for the Territory under section 11 (1) for the financial year, the review may instead summarise the information and state that it is unchanged from that set out in the budget.
(5)For subsection (3):
budget, for a financial year, means the budget for the year presented to the Legislative Assembly under section 10 (a) (Budget papers) and, if that budget has been amended under this Act, the budget as amended.
20CPre-election budget update
(1)At least 30 days before the polling day for an ordinary election, the under treasurer must prepare a pre-election budget update and give it to the parliamentary counsel for notification.
(2)At least 20 days before the polling day for an election mentioned in the Self-Government Act, section 16 (Dissolution of Assembly by Governor-General) or section 48 (Resolution of no confidence in Chief Minister), the under treasurer must prepare a pre-election budget update and give it to the parliamentary counsel for notification.
(3)A pre-election budget update is a notifiable instrument.
(4)In this section:
ordinary election—see the Electoral Act 1992, dictionary.
polling day—see the Electoral Act 1992, dictionary.
20DPurpose and contents of pre-election budget update
(1)The purpose of a pre-election budget update for an election is—
(a)to allow the assessment of the government’s financial performance against the financial policy objectives and strategies set out in the latest financial policy objectives and strategies statement; and
(b)to give the electorate an accurate picture of the Territory’s financial position before the election.
(2)A pre-election budget update must be based on the latest financial policy objectives and strategies statement.
(3)A pre-election budget update for an election must include—
(a)updated financial statements required under the financial management guidelines for the financial year in which the election is to be held; and
(b)updated budget estimates for the general government sector, the public trading enterprise sector and the Territory for that financial year and for each of the next 3 financial years; and
(c)a statement of the economic or other assumptions used in preparing the updated financial statements and budget estimates; and
(d)a statement about the sensitivity of the updated financial statements and budget estimates to changes in the economic or other assumptions; and
(e)a statement of the risks, quantified if possible, that may affect the economic or other assumptions, including—
(i)contingent liabilities; and
(ii)publicly announced government commitments that are not yet included in the updated financial statements and budget estimates.
(4)Information in the pre-election budget update must—
(a)take into account government decisions and other circumstances that may have material effect on the financial statements and budget estimates; and
(b)state the date as at when the updating was done.
(5)However, if particular information required to be included in the pre-election budget update is unchanged from information set out in full in the latest financial statements, the budget estimates mentioned in section 11 (Territory budgets) or budget review, the pre-election budget update may instead summarise the information and state that it is unchanged from that set out in the financial statements, budget estimates or budget review.
Part 3Financial reports
Division 3.1 Financial reports of the Territory
Meaning of the Territory in div 3.1
In this division, a reference to the Territory includes a reference to all territory authorities and all territory-owned corporations.
Annual financial statements of the Territory
(1)The under treasurer must, as soon as practicable after the end of a financial year, prepare annual financial statements for the Territory for that year.
(2)The statements must be prepared in accordance with accounting standards and include—
(a)the financial statements required under the financial management guidelines; and
(b)a statement of the accounting policies adopted by the Territory; and
(c)the other statements that are necessary to fairly reflect the financial operations of the Territory during the year and its financial position at the end of the year.
Responsibility for annual financial statements
(1)An annual financial statement of the Territory must have a statement of responsibility attached to it.
(2)The statement of responsibility must include—
(a)a statement—
(i)signed by the Treasurer; and
(ii)that, in the Treasurer’s opinion, the financial statements fairly reflect—
(A)the financial operations of the Territory during the year to which they relate; and
(B)the financial position of the Territory at the end of the year; and
(b)a statement—
(i)signed by the under treasurer; and
(ii)stating that the under treasurer is satisfied the financial statements have been prepared in accordance with accounting standards.
(3)The statement of responsibility may be signed at any time before the auditor-general gives the Treasurer an audit opinion for the financial statement in accordance with section 24.
Audit of annual financial statements
(1)The under treasurer must give the auditor-general the annual financial statements of the Territory for a financial year in sufficient time for the auditor-general to give an audit opinion about the statements within 4 months after the end of the financial year.
(2)The auditor-general must give the Treasurer an audit opinion about the annual financial statements within 4 months after the end of the financial year.
(3)Despite subsections (1) and (2), if an ordinary election is to be held in the year after the end of the financial year—
(a)the under treasurer must give the auditor-general the annual financial statements of the Territory for the financial year in sufficient time for the auditor-general to give an audit opinion about the statements within 3 months after the end of the financial year; and
(b)the auditor-general must give an audit opinion to the Treasurer within 3 months after the end of the financial year.
(4)Also, despite subsections (1) and (2), for the 2020-21 financial year—
(a)the under treasurer must give the auditor-general the annual financial statements of the Territory for the financial year in sufficient time for the auditor-general to give an audit opinion about the statements within 5 months after the end of the financial year; and
(b)the auditor-general must give an audit opinion to the Treasurer within 5 months after the end of the financial year.
(5)In this section:
ordinary election—see the Electoral Act 1992, dictionary.
Amendment history
Name of Act
s 1sub A2001‑56 amdt 3.255
Act subject to Territory Superannuation Provision Protection Act
s 2sub A2000‑21 sch
Dictionary
s 3 hdgsub A2000‑21 sch
s 3am A2000‑21 sch
remaining defs reloc to dict A2001‑95 amdt 1.4
sub A2001‑95 amdt 1.5
def bank om A1999‑33 sch
def banking institution ins A1997‑102 s 4
om A1999‑33 sch
defTerritory activities ins A1997‑124 s 4
om A2001‑95 amdt 1.3
def Treasurer om A2001‑95 amdt 1.2
Notes
s 3Aorig s 3A
renum as s 3B
pres s 3A
ins A2001‑95 amdt 1.5
Declaration that certain bodies are not territory authorities for Act
s 3B(prev s 3A) ins A2000‑21 sch
am A2001‑44 amdt 1.1631, amdt 1.1632
renum as s 3B A2001‑95 amdt 1.6
sub A2005‑52 s 4; A2011‑17 s 4
am A2025‑29 amdt 4.74
Application of pts 2 to 5—Office of the Legislative Assembly and officers of the Assembly
s 4am A2011‑17 s 13, s 16
sub A2012‑26 amdt 1.11; A2013-41 amdt 1.10
am A2014‑22 s 8, s 9; ss renum R47 LA; A2017‑41 s 17
Budget management
pt 2 hdgsub A2003‑46 s 4
Appropriations and budgets
div 2.1 hdgins A2003‑46 s 4
Appropriations and budgets—generally
sdiv 2.1.1 hdg ins A2019‑8 s 4
Payments authorised on lapse of appropriation
s 7am A2015-34 s 4; A2020‑23 s 4; A2021‑22 s 4
Temporary advance for new purpose or new entity
s 7Ains A2015-34 s 5
Form of appropriations
s 8sub A2005‑52 s 5
am A2011‑17 s 16; A2012‑26 amdt 1.12; A2013-41 amdt 1.11; A2015-34 s 6, s 7
Net controlled recurrent payments
s 9am A2000‑27 s 5; A2011‑17 s 16
sub A2015-34 s 8
Net appropriations for capital injections
s 9Ains A2000‑27 s 6
am A2011‑17 s 16; A2015‑34 s 9
Appropriations for payments on behalf of Territory to be net appropriations
s 9Bins A2001‑95 s 5
am A2011‑17 s 16; A2015‑34 s 10
Budget papers
s 10am A1997‑124 s 5; A2001‑56 amdt 3.257; A2005‑52 s 6; A2011‑17 s 16
Territory budgets
s 11am A1997‑124 s 6; A2001‑4 s 4; A2001‑56 amdt 3.258; A2001‑95 s 6
sub A2003‑46 s 5
am A2005‑32 s 12; A2012‑15 s 4; A2013‑19 amdt 3.157; A2015‑34 ss 11-14; ss renum R51 LA
Financial policy objectives and strategies statement
s 11Ains A2003‑46 s 5
Directorate budgets
s 12 hdgam A2011‑17 s 17
s 12am A1997‑102 s 5; A1997‑124 s 7; A1999‑58 s 3; A2001‑56 amdt 3.258; A2001‑95 s 7; ss renum R6 LA (see A2001‑95 amdt 1.7); A2002‑38 s 4, s 5
sub A2005‑52 s 7
am A2011‑17 s 16; A2012‑26 amdt 1.13; A2013-41 amdt 1.12; A2015‑34 s 15
Territory authority budgets
s 12AAins A2015‑34 s 16
Territory-owned corporation budgets
s 12A hdgsub A2015‑34 s 17
s 12Ains A1997‑124 s 8
am A2001‑56 amdt 3.258; A2001‑95 s 8
sub A2005‑52 s 8
am A2015‑34 ss 18-20
Supplementary budget papers
s 13am A2001‑56 amdt 3.259, amdt 3.260
sub A2001‑97 s 4
am A2005‑52 s 9; A2011‑17 s 16; A2012‑26 amdt 1.14; ss renum R44 LA; A2015‑34 ss 21-23
Amendment of budgets for supplementary appropriation
s 13Ains A2003‑9 s 9
sub A2005‑52 s 10
am A2011‑17 s 16; A2012‑26 amdt 1.15; A2015‑34 s 24, s 25
Transfer of funds between appropriations
s 14am A1997‑102 s 6; A2000‑21 sch; A2001‑56 amdt 3.261
sub A2015‑34 s 26
Transfer of funds from capital injection appropriation to other appropriations
s 14Ains A2015‑34 s 27
am A2015‑34 amdt 1.3; A2025‑29 amdt 4.74
Transfer of funds from other appropriations to capital injection appropriation
s 14Bins A2015‑34 s 27
am A2015‑34 amdts 1.4-1.6
Transfer of funds within appropriations
s 15am A1997‑102 s 7; A2001‑56 amdt 3.262
om A2015‑34 s 28
Reclassification of certain appropriations
s 15Ains A1997‑102 s 8; A2001‑56 amdt 3.263
am A2011‑17 s 16; A2015‑34 s 29, s 30
Transfer of functions to another entity
s 16 hdgsub A2015‑34 s 31
s 16am A2000‑21 sch; A2001‑56 amdt 3.263
sub A2005‑52 s 11
am A2011‑17 s 16; A2015‑34 ss 32-35
Appropriation for accrued employee entitlements
s 16Ains A2003‑21 s 4
om A2004‑19 s 4
ins A2007‑10 s 4
am A2011‑17 s 16; A2015‑34 ss 36-38
Rollover of undisbursed appropriation
s 16B hdgsub A2015‑34 s 39
s 16Bins A2007‑10 s 4
am A2015‑34 ss 40-44
Variation of appropriations for Commonwealth grants
s 17am A1997‑102 s 9; A2001‑56 amdt 3.264, amdt 3.265; A2002‑38 s 6; A2015‑34 s 45
Variations of appropriations for certain payments to Commonwealth
s 17Ains A1999‑36 s 9
am A2000‑27 s 7; A2001‑43 s 12; A2001‑56 amdt 3.266, amdt 3.267; A2003‑27 s 12; A2004‑35 s 12; A2005‑32 s 13; A2015‑34 s 46
Treasurer’s advances
sdiv 2.1.2 hdg ins A2019‑8 s 5
Treasurer’s advance
s 18am A2001‑56 amdt 3.268; A2001‑97 s 5, s 6; ss renum R4 LA
sub A2004‑33 s 4
am A2005‑20 amdt 3.153; A2012‑26 amdt 1.16; A2014‑22 s 10, s 11; ss renum R47 LA
sub A2015‑34 s 47
am A2020‑11 amdt 1.33; A2021‑22 s 5; A2022-4 amdt 1.22
Treasurer’s advance—payment pending supplementary appropriation
s 18Ains A1997‑102 s 10
am A2001‑56 amdt 3.269
om A2002‑38 s 7
ins A2004‑33 s 4
sub A2015‑34 s 47
Treasurer’s advance—reduction of amounts
s 18Bins A2015‑34 s 47
Assembly to be told about Treasurer’s advance
s 18Cins A2015‑34 s 47
am A2015‑34 amdt 1.7; pars renum R51 LA; A2025‑17 s 4, s 5; ss renum R66 LA
Capital works reserve
sdiv 2.1.3 hdg ins A2019‑8 s 6
Capital works reserve—appropriation
s 18Dins A2019‑8 s 6
Capital works reserve—authorising payments from reserve
s 18Eins A2019‑8 s 6
Capital works reserve—reducing partially unused payments
s 18Fins A2019‑8 s 6
Capital works reserve—Treasurer must notify Assembly
s 18Gins A2019‑8 s 6
am A2025‑17 s 6, s 7; ss renum R66 LA
Appropriations and budgets—other matters
sdiv 2.1.4 hdg ins A2019‑8 s 6
Payments for Territory GST liabilities
s 19Ains A1997‑39 s 4
sub A2000‑27 s 8
Payments for Territory GST administration costs
s 19AAins A2009‑12 s 4
Authorisation of expenditure of certain Commonwealth grants
s 19Bins A1997‑102 s 11
am A2001‑56 amdt 3.269
sub A2015‑34 s 48
Amendment of capital injection conditions
s 19Cins A2002‑38 s 8
sub A2005‑52 s 12
am A2011‑17 s 16; A2013‑19 amdt 3.162; A2015‑34 s 49; A2025‑29 amdt 4.74
Amendment of performance criteria
s 19Dins A2002‑38 s 8
sub A2005‑52 s 13
am A2011‑17 s 16; A2013-5 ss 4‑6; A2015‑34 ss 50-62, amdt 1.8; pars renum R51 LA; A2025‑29 amdt 4.74
Amendment of financial targets
s 19Eins A2002‑38 s 8
om A2005‑52 s 14
Amendment of budgets
s 19Fins A2004‑19 s 5
am A2004‑33 s 5
om A2005‑52 s 15
Recommended appropriation for Office of the Legislative Assembly
s 20am A2003‑21 s 5
sub A2012‑26 amdt 1.17
am A2022-4 amdt 1.23
Appropriation for Office of the Legislative Assembly
s 20AAins A2012‑26 amdt 1.17
Recommended appropriation for officers of the Assembly
s 20ABins A2013-41 amdt 1.13
am A2022-4 amdt 1.24
Appropriation for officers of the Assembly
s 20ACins A2013-41 amdt 1.13
Budget reviews and pre-election updates
div 2.2 hdgins A2003‑46 s 6
Budget review
s 20Ains A2003‑46 s 6
Purpose and contents of budget review
s 20Bins A2003‑46 s 6
Pre-election budget update
s 20Cins A2003‑46 s 6
am A2011‑17 s 13; A2015‑34 s 63; A2025‑29 amdt 4.74
Purpose and contents of pre-election budget update
s 20Dins A2003‑46 s 6
am A2005‑52 s 16
Financial reports of the Territory
div 3.1 hdg(prev pt 3 div 1 hdg) renum R3 LA (see A2001‑95 amdt 1.11)
Meaning of the Territory in div 3.1
s 21 hdgam R3 LA
Annual financial statements of the Territory
s 22am A2001‑95 s 9; A2005‑52 s 17; A2015‑34 s 64; A2017‑4 amdt 1.13
Responsibility for annual financial statements
s 23am A2005‑52 s 18; A2011‑17 s 13
sub A2015‑34 s 65
am A2017‑4 amdt 1.13
Audit of annual financial statements
s 24am A2002‑38 s 9, amdt 1.1; A2003‑46 s 7; A2005‑52 ss 19‑21; A2015‑34 s 66, s 67; A2020‑14 amdt 1.64; A2021‑22 s 6; ss renum R63 LA
Presentation of annual financial statements to Legislative Assembly
s 25 hdgsub A2002‑38 amdt 1.2
s 25am A2001‑56 amdt 3.270; A2003‑46 s 8, s 9
Quarterly departmental performance reports
s 25Areloc to s 30A
Periodic financial statements
s 26am A1997‑124 s 10; A2001‑42 s 4
(6), (7) exp 30 June 2001 (s 26 (7))
sub A2001‑42 s 5; A2001‑95 s 11
am A2015‑34 s 68, amdt 1.9; A2019‑8 s 7; A2020‑14 amdts 1.65-1.67; ss renum R61 LA
Financial reports and performance statements of directorates
div 3.2 hdg(prev pt 3 div 2 hdg) renum R3 LA (see A2001‑95 amdt 1.11)
sub A2005‑52 s 22
am A2011‑17 s 18
Annual financial statements of directorates
s 27 hdgam A2011‑17 s 18
s 27am A2001‑56 amdt 3.272; A2001‑95 s 12; A2002‑38 ss 10-13; pars renum R10 LA (see A2002‑38 amdt 1.5); A2005‑52 ss 23-26; A2011‑17 s 16, s 17; A2017‑4 amdt 1.13
Responsibility for annual financial statements of directorates
s 28 hdgsub A2002‑38 amdt 1.6
am A2011‑17 s 18
s 28sub A2005‑52 s 27
am A2011‑17 s 13, s 15, s 16
sub A2015‑34 s 69
Audit of financial statements of directorates
s 29 hdgam A2011‑17 s 18
s 29sub A2002‑38 s 14
am A2005‑52 s 28, s 29; A2011‑17 s 13, s 16; A2015‑34 s 70; ss renum R49 LA
Audit of financial statements for departments for 2000-2001
s 29Ains A2001‑42 s 6
exp 31 December 2001 (s 29A (2))
Directorate annual financial statements to be included in annual reports etc
s 30 hdgsub A2002‑38 amdt 1.7
am A2011‑17 s 17
s 30am A2001‑56 amdt 3.273
sub A2005‑52 s 30
am A2011‑17 s 16, s 19
Statements of performance of directorates
s 30A hdgam A2011‑17 s 18
s 30A(prev s 25A) ins A1997‑124 s 9
am A2001‑56 amdt 3.271; A2001‑95 s 10; A2002‑38 amdt 1.3
reloc from s 25A A2002‑38 amdt 1.4
sub A2005‑52 s 31
am A2011‑17 s 16, s 19; A2012‑26 amdt 1.18; ss renum R44 LA; A2013-41 amdt 1.14; A2015‑34 s 71
Responsibility for directorate statements of performance
s 30B hdgam A2011‑17 s 17
s 30Bins A2005‑52 s 31
am A2011‑17 s 13, s 15, s 16
sub A2015‑34 s 72
Scrutiny of directorate statements of performance
s 30C hdgam A2011‑17 s 17
s 30Cins A2005‑52 s 31
am A2011‑17 s 13, s 16, s 19; A2015‑34 s 73; ss renum R49 LA
Directorate statements of performance to be included in annual reports etc
s 30D hdgam A2011‑17 s 17
s 30Dins A2005‑52 s 31
am A2011‑17 s 16, s 19
Half-yearly directorate performance reports
s 30E hdgam A2011‑17 s 17
s 30Eins A2005‑52 s 31
am A2011‑17 s 16; A2012‑26 amdt 1.19; A2013-41 amdt 1.14; A2015‑34 s 74, s 75; ss renum R49 LA
Capital works reports
div 3.3 hdgins A2015‑34 s 76
Capital works report of Territory
s 30Fins A2015‑34 s 76
Financial management responsibilities of directors‑general of directorates
pt 4 hdgam A2011‑17 s 14, s 18
Responsibilities of directors‑general of directorates
s 31 hdgam A2011‑17 s 14, s 18
s 31am A2002‑38 s 15; A2005‑20 amdt 3.154
sub A2005‑52 s 32
am A2011‑17 s 13, s 16; A2015‑34 ss 77-80; ss renum R49 LA; A2017‑4 amdt 1.13
Directors-general may enter into contracts etc
s 31Ains A2015‑34 s 81
Agreement for the conduct of banking for Territory
s 32am A1997‑102 sch; A1999‑33 sch
Territory banking account
s 33am A1997‑102 sch
Directorate banking accounts
s 34 hdgam A2011‑17 s 17
s 34am A1997‑102 sch; A1999‑33 sch; A2001‑95 s 13; A2001‑95 s 7; ss renum R6 LA (see A2001‑95 amdt 1.8); A2002‑38 s 16; A2011‑17 s 13, s 16, s 17; A2025‑29 amdt 3.115
Transfer of directorate banking account
s 34A hdgam A2011‑17 s 17
s 34Aprev s 34A renum as s 34B
ins A2001‑95 s 14
am A2011‑17 s 13, s 16, s 17
End of year balances of directorate banking accounts
s 34B hdgam A2011‑17 s 17
s 34B(prev s 34A) ins A1997‑102 s 12
renum A2001‑95 s 15
am A2011‑17 s 13, s 16, s 17
Payments into banking accounts
s 35am A1997‑102 sch; A1999‑33 sch; A2011‑17 s 16, s 17; A2025‑29 amdt 3.116
Transfer following change in directorate responsibilities
s 36 hdgam A2011‑17 s 17
s 36am A1997‑102 sch; A2011‑17 s 17; A2015‑34 s 82
Transfers from directorate banking accounts to territory banking account
s 36A hdgam A2011‑17 s 17
s 36Ains A2002‑38 s 17
am A2011‑17 s 17; A2015‑34 s 83, s 84
Payments from territory banking account
s 37 hdgsub A2002‑38 s 18
s 37am A1997‑102 sch; A2000‑21 sch; A2001‑95 s 16; A2002‑38 s 19; ss renum R10 LA (see A2002‑38 amdt 1.8); A2005‑52 ss 33-35; A2011‑17 s 17; A2015‑34 s 85, s 86; A2018‑47 amdt 1.1; pars renum R57 LA; A2019‑42 amdt 1.3; ss renum R59 LA
Payments into territory banking account
s 37Ains A2015‑34 s 87
Investment of certain public money
s 38 hdgsub A2000‑21 sch
s 38am A1997‑102 sch; A1999‑33 sch; A2000‑21 sch; A2001‑45 s 5; A2001‑95 s 17; A2003‑21 s 6, s 7; ss renum R12 LA (see A2003‑21 s 8); A2011‑17 s 16, s 17; A2013‑19 amdt 3.158, amdt 3.159; A2018‑47 amdt 1.2; A2019‑42 amdts 1.4-1.8
Borrowing and guarantees
pt 6 hdgsub A2001‑45 s 6
Borrowings by territory authorities to be approved
s 42am A2001‑95 s 18, amdt 1.9; A2007‑10 s 5
Territory authorities may give security
s 43am A2007‑10 s 6
Power to approve borrowings not delegable
s 44am A2007‑10 s 7
Loans to be paid into territory banking account
s 45am A1997‑102 sch; A2001‑95 s 19
Payments by Treasurer
s 46sub A2002‑38 s 20
Guarantees by Territory
s 47am A2001‑56 amdt 3.274
Financial derivatives
s 48om A2001‑45 s 7
Administration of trust money
s 50am A2011‑17 s 16
Directorate trust banking accounts
s 51 hdgam A2011‑17 s 17
s 51am A1997‑102 sch; A1999‑33 sch; A2002‑38 s 21; A2011‑17 s 13, s 16
Transfer of directorate trust banking accounts
s 51A hdgam A2011‑17 s 17
s 51Ains A2005‑52 s 36
am A2011‑17 s 13, s 16, s 17
Transfers between trust banking accounts—changes in directorate responsibilities
s 51B hdgam A2011‑17 s 17
s 51Bins A2005‑52 s 36
am A2011‑17 s 13, s 16, s 17
Transfers between trust banking accounts—investment
s 51Cins A2005‑52 s 36
Transfers between trust banking account and territory banking account
s 52am A1997‑102 sch
sub A2001‑95 s 20; A2005‑52 s 37
Investment of trust money
s 53am A1999‑28 sch
Unclaimed trust money
s 53Ains A1997‑102 s 13
am A1999‑33 sch; A2001‑44 amdts 1.1633-1.1635; ss renum R3 LA (see A2001‑44 amdt 1.1636); A2001‑95 s 21; ss renum R6 LA; A2002‑30 amdt 3.367; A2011‑17 s 13; A2015‑33 amdt 1.82; A2025‑29 amdt 3.117, amdt 118; amdt 4.74
Reviewable decision notices
s 53Bins A1997‑102 s 13
am A2002‑30 amdt 3.368
sub A2008‑37 amdt 1.175
am A2025‑29 amdt 4.74
Applications for review
s 53Cins A1997‑102 s 13
sub A2008‑37 amdt 1.175
am A2025‑29 amdt 4.74
Financial provisions for territory authorities
pt 8 hdgsub A2005‑52 s 38
Application—pt 8
s 54am A2005‑20 amdt 3.155
sub A2005‑52 s 38
am A2006‑30 amdts 1.37-1.40; A2009‑25 amdt 4.1; A2010‑36 s 8; A2010‑55 amdt 2.1
sub A2011‑17 s 5
Responsibilities of chief executive officers of territory authorities
s 55am A1997‑102 sch; A1999‑33 sch; A2002‑38 s 22
sub A2005‑52 s 38
am A2011‑17 s 6; A2015‑34 ss 88-91; ss renum R49 LA; A2017‑4 amdt 1.13
Responsibilities of governing boards of territory authorities
s 56am A1997‑102 sch; A1999‑33 sch; A2001‑45 s 8; A2001‑95 s 22; A2002‑38 s 23, s 24; A2003‑21 ss 9-12; ss renum R12 LA (see A2003‑21 s 13)
sub A2005‑52 s 38
am A2011‑17 s 7; A2015‑34 ss 92-95; ss renum R49 LA; A2017‑4 amdt 1.13
Banking accounts of territory authorities
s 57am A2001‑95 s 23
sub A2005‑52 s 38
Investment by territory authorities
s 58am A2001‑95 s 24
sub A2005‑52 s 38
am A2011‑17 s 16; A2019‑42 amdts 1.9-1.13; pars renum R59 LA
Borrowing by territory authorities
s 59am A2001‑95 s 25
om A2005‑52 s 38 (see s 2 (1))
ins A2005‑52 s 38 (see s 2 (2))
am A2013‑19 amdt 3.162; A2025‑29 amdt 4.74
Guarantees by territory authorities
s 60om A2005‑52 s 38 (see s 2 (1))
ins A2005‑52 s 38 (see s 2 (2))
Territory authority statements of intent
s 61sub A2002‑38 s 25
om A2005‑52 s 38 (see s 2 (1))
ins A2005‑52 s 38 (see s 2 (2))
am A2015‑34 s 96, s 97; ss and pars renum R51 LA
Audit of annual financial statements for 2000-2001
s 61Ains A2001‑42 s 7
exp 31 December 2001 (s 61A (2))
Presentation of statements of intent of territory authorities
s 62am A2001‑56 amdt 3.275; R8 LA (see also A2002‑38 amdt 1.9)
om A2005‑52 s 38 (see s 2 (1))
ins A2005‑52 s 38 (see s 2 (2))
am A2015‑34 s 98; ss renum R51 LA
Annual financial statements of territory authorities
s 63sub A2005‑52 s 38
am A2015‑34 s 99; A2017‑4 amdt 1.13
Responsibility for annual financial statements of territory authorities
s 64orig s 64
renum as s 104 and then s 130
pres s 64
ins A2005‑52 s 38
am A2015‑34 s 100; ss renum R49 LA
Audit of annual financial statements of territory authorities
s 65orig s 65
renum as s 105 and then s 131
pres s 65
ins A2005‑52 s 38
am A2015‑34 s 101; ss renum R49 LA
Annual financial statements of territory authorities to be included in annual reports etc
s 66orig s 66
renum as s 106 and then s 132
pres s 66
ins A2005‑52 s 38
Guideline-making power
s 66Ains A2000‑27 s 9
om A2001‑44 amdt 1.1637
Treasurer may require interim financial statements etc for territory authorities
s 67orig s 67
renum as s 107 and then s 133
pres s 67
ins A2005‑52 s 38
Statements of performance of territory authorities
s 68orig s 68
renum as s 108 and then s 134
pres s 68
ins A2005‑52 s 38
am A2015‑34 ss 102-104
Responsibility for territory authority statements of performance
s 69ins A2005‑52 s 38
am A2015‑34 s 105; ss renum R49 LA
Scrutiny of territory authority statements of performance
s 70ins A2005‑52 s 38
am A2015‑34 s 106; ss renum R49 LA
Territory authority statements of performance to be included in annual reports etc
s 71ins A2005‑52 s 38
Governance of territory authorities
pt 9 hdgorig pt 9 hdg
renum as pt 10 hdg
pres pt 9 hdg
ins A2005‑52 s 41
Definitions and important concepts
div 9.1 hdgins A2005‑52 s 41
Definitions—pt 9
s 72ins A2005‑52 s 41
def applicable governmental policies ins A2005‑52 s 41
def establishing Act ins A2005‑52 s 41
def financial year ins A2005‑52 s 41
def governing board member ins A2005‑52 s 41
def material interest ins A2005‑52 s 41
def relevant territory authority ins A2005‑52 s 41
Nature of relevant territory authorities
s 73ins A2005‑52 s 41
Powers of territory authorities generally
s 74ins A2005‑52 s 41
Execution of documents and assumptions people dealing with relevant territory authority may make
s 75ins A2005‑52 s 41
Governing board of territory authority
s 76ins A2005‑52 s 41
am A2006‑30 amdts 1.41-1.44; A2009‑25 amdt 4.2; A2010‑55 amdt 2.1; A2011‑17 s 8
Role of governing board
s 77ins A2005‑52 s 41
Governing board member appointments
div 9.2 hdgins A2005‑52 s 41
Appointment of governing board members generally
s 78ins A2005‑52 s 41
am A2009‑48 s 4, s 5; ss renum R38 LA; A2022-4 amdt 1.25; A2025‑29 amdt 3.119, amdt 3.120
Appointment of chair and deputy chair
s 79ins A2005‑52 s 41
am A2009‑48 s 6; ss renum R38 LA; A2022-4 amdt 1.26
Appointment of CEO of authority with governing board
s 80ins A2005‑52 s 41
am A2011‑17 s 13
Ending board member appointments
s 81ins A2005‑52 s 41
am A2010‑18 amdt 1.22
Functions of governing board members
div 9.3 hdgins A2005‑52 s 41
Chair’s functions
s 82ins A2005‑52 s 41
Deputy chair’s functions
s 83ins A2005‑52 s 41
CEO’s functions
s 84ins A2005‑52 s 41
Honesty, care and diligence of governing board members
s 85ins A2005‑52 s 41
Conflicts of interest by governing board members
s 86ins A2005‑52 s 41
Agenda to require disclosure of interest item
s 87ins A2005‑52 s 41
Disclosure of interests by governing board members
s 88ins A2005‑52 s 41
Reporting of disclosed governing board interests to Minister
s 89ins A2005‑52 s 41
am A2022-4 amdt 1.27, amdt 1.28
Protection of governing board members from liability
s 90ins A2005‑52 s 41
Indemnification and exemption of governing board members
s 91ins A2005‑52 s 41
Compensation for exercise of functions etc
s 92ins A2005‑52 s 41
Governing board meetings
div 9.4 hdgins A2005‑52 s 41
Time and place of governing board meetings
s 93ins A2005‑52 s 41
Presiding member at governing board meetings
s 94ins A2005‑52 s 41
Quorum at governing board meetings
s 95ins A2005‑52 s 41
Voting at governing board meetings
s 96ins A2005‑52 s 41
Conduct of governing board meetings etc
s 97ins A2005‑52 s 41
am A2008‑28 amdt 3.90
Requirements and obligations for territory authorities
div 9.5 hdgins A2005‑52 s 41
Limitations on authorities forming corporations etc
s 98ins A2005‑52 s 41
Limitations on authorities taking part in joint ventures and trusts
s 99ins A2005‑52 s 41
Corporations, joint ventures and trusts in which authority has interest
s 100ins A2005‑52 s 41
Obligation of authorities to tell Minister about significant events
s 101ins A2005‑52 s 41
Ministerial directions to authorities about financial etc statements
s 102ins A2005‑52 s 41
Application of government policies to authorities
s 103ins A2005‑52 s 41
am A2010‑54 amdt 3.30; A2013‑19 amdt 3.162; A2025‑29 amdt 4.74
Restructuring of territory authorities
div 9.6 hdgins A2006‑30 amdt 1.45
Purpose of div 9.6
s 104orig s 104
renum as s 130
pres s 104
ins A2006‑30 amdt 1.45
What territory authorities does div 9.6 apply to?
s 105orig s 105
renum as s 131
pres s 105
ins A2006‑30 amdt 1.45
Responsible Minister may direct div 9.6 authority to sell or transfer assets
s 106orig s 106
renum as s 132
pres s 106
ins A2006‑30 amdt 1.45
am A2025‑29 amdt 4.74
Transfer of assets by declaration—div 9.6 authorities
s 107orig s 107
renum as s 133
pres s 107
ins A2006‑30 amdt 1.45
am A2025‑29 amdt 4.74
Transfer of contractual rights and liabilities by declaration—div 9.6 authorities
s 108orig s 108
renum as s 134
pres s 108
ins A2006‑30 amdt 1.45
am A2025‑29 amdt 4.74
Transfer of liabilities by declaration—div 9.6 authorities
s 109orig s 109
renum as s 150
pres s 109
ins A2006‑30 amdt 1.45
am A2025‑29 amdt 4.74
Assistance given by authorities for div 9.6
s 110orig s 110
renum as s 151
pres s 110
ins A2006‑30 amdt 1.45
Application of Legislation Act, s 94 to certain appointments, elections and approvals
s 110Asub as s 152
Application of Act to Health Promotion Act
s 110Bins as mod SL2005‑42 sch 1 mod 1.1 (om A2006‑30 amdt 1.62)
Assistance given by governing board members for div 9.6
s 111orig s 111
renum as s 155
pres s 111
ins A2006‑30 amdt 1.45
Use of information by Territory and div 9.6 authorities
s 112ins A2006‑30 amdt 1.45
Contracts relating to the protection of information—responsible Minister for div 9.6 authority
s 113ins A2006‑30 amdt 1.45
Contracts relating to the protection of information—div 9.6 authority
s 114ins A2006‑30 amdt 1.45
Transfer of pending proceedings—div 9.6 authorities
s 115ins A2006‑30 amdt 1.45
am A2018‑42 amdt 3.45; A2025‑29 amdt 4.74
Proceedings and evidence—div 9.6 authorities
s 116ins A2006‑30 amdt 1.45
Operation of div 9.6 not breach of contract etc
s 117ins A2006‑30 amdt 1.45
Transfer of assets etc not otherwise disposed of—div 9.6 authorities
s 118ins A2006‑30 amdt 1.45
Annual reports etc for div 9.6 authorities
s 119ins A2006‑30 amdt 1.45
Additional provisions for restructuring of certain territory authorities
div 9.7 hdgins A2006‑30 amdt 1.45
What territory authorities does div 9.7 apply to?
s 120ins A2006‑30 amdt 1.45
Definitions—div 9.7
s 121ins A2006‑30 amdt 1.45
def handover day ins A2006‑30 amdt 1.45
def territory authority ins A2006‑30 amdt 1.45
Vesting of assets, rights and liabilities—div 9.7 authorities
s 122ins A2006‑30 amdt 1.45
Proceedings and evidence—div 9.7 authorities
s 123ins A2006‑30 amdt 1.45
Annual reports and financial statements for div 9.7 authorities
s 124ins A2006‑30 amdt 1.45
References to div 9.7 authority
s 125ins A2006‑30 amdt 1.45
Insourcing framework
pt 9A hdgins A2023‑32 s 4
Meaning of public sector entity—pt 9A
s 126ins A2023‑32 s 4
Responsible chief executive officer to ensure compliance with this part
s 127ins A2023‑32 s 4
Insourcing framework
s 128ins A2023‑32 s 4
Insourcing evaluation for services or works
s 129ins A2023‑32 s 4
Miscellaneous
pt 10 hdg(prev pt 9 hdg) renum A2005‑52 s 39
Act of grace payments
s 130(prev s 64) am A2001‑95 amdt 1.10
renum as s 104 A2005‑52 s 40
renum as s 130 A2006‑30 amdt 1.46
am A2011‑17 s 16; A2015‑34 ss 107-109
Waiver of debts etc
s 131(prev s 65) renum as s 105 A2005‑52 s 40
renum as s 131 A2006‑30 amdt 1.46
am A2011‑17 s 16
Payments in relation to deceased estates
s 132(prev s 66) renum as s 106 A2005‑52 s 40
renum as s 132 A2006‑30 amdt 1.46
Guideline-making power
s 133 hdg(prev s 67 hdg) sub A2000‑27 s 10
s 133(prev s 67) am A2000‑27 s 10
sub A2001‑44 amdt 1.1637
am A2003‑56 amdt 3.139
renum as s 107 A2005‑52 s 40
renum as s 133 A2006‑30 amdt 1.46
am A2013‑19 amdt 3.162; A2015‑34 s 110; A2025‑29 amdt 4.74
Regulation-making power
s 134(prev s 68) ins A2001‑44 amdt 1.1637
renum as s 108 A2005‑52 s 40
renum as s 134 A2006‑30 amdt 1.46
am A2025‑29 amdt 4.74
Transitional
pt 11 hdgsub as pt 19 hdg
Transitional—Financial Management Legislation Amendment Act 2005
pt 19 hdg(prev pt 11 hdg) ins A2005‑52 s 42
sub as pt 19 hdg A2006‑30 amdt 1.47
om R32 LA
Financial Management Legislation Amendment Act 2005—provisions with 1 July 2005 application
s 150(prev s 109) ins A2005‑52 s 42
renum as s 150 A2006‑30 amdt 1.48
exp 27 October 2006 (s 150 (4))
Financial Management Legislation Amendment Act 2005—provisions with 1 July 2006 application
s 151(prev s 110) ins A2005‑52 s 42
am A2006‑30 amdt 1.49
renum as s 151 A2006‑30 amdt 1.50
exp 27 October 2006 (s 151 (4))
Application of Legislation Act, s 94 to certain appointments, elections and approvals
s 152(prev s 110A) ins as mod SL2005‑42 sch 1 mod 1.1 (sub as s 152 A2006‑30 amdt 1.61)
exp 27 October 2007 (s 152 (4))
Transitional regulations
s 155(prev s 111) ins A2005‑52 s 42
renum as s 155 A2006‑30 amdt 1.51
exp 27 October 2007 (s 155 (4))
Transitional—Administrative (Miscellaneous Amendments) Act 2006
pt 20 hdgins A2006‑30 amdt 1.52
exp 1 July 2008 (s 223)
Transitional—definition of territory authority
s 220ins A2006‑30 amdt 1.52
exp 19 July 2006 (s 220 (2) (LA s 88 declaration applies))
Transitional—Legislation Act, s 84 inapplicable
s 221ins A2006‑30 amdt 1.52
exp 1 August 2006 (s 221 (2) (LA s 88 declaration applies))
Transitional regulations—Administrative (Miscellaneous Amendments) Act 2006
s 222ins A2006‑30 amdt 1.52
exp 1 July 2008 (s 223)
Expiry—pt 20
s 223ins A2006‑30 amdt 1.52
exp 1 July 2008 (s 223)
Transitional—Exhibition Park Corporation Repeal Act 2014
pt 30 hdgins A2014‑54 amdt 1.1
exp 1 January 2017 (s 305)
Disapplication of Legislation Act, s 84
s 300ins A2014‑54 amdt 1.1
exp 1 January 2017 (s 305)
Third-party rights and interests in corporation land
s 301ins A2014‑54 amdt 1.1
exp 1 January 2017 (s 305)
Registration of changes in ownership of certain assets
s 302ins A2014‑54 amdt 1.1
exp 1 January 2017 (s 305)
Operation of pt 30 not breach of contract etc
s 303ins A2014‑54 amdt 1.1
exp 1 January 2017 (s 305)
Transitional regulations
s 304ins A2014‑54 amdt 1.1
exp 1 January 2017 (s 305)
Expiry—pt 30
s 305ins A2014‑54 amdt 1.1
exp 1 January 2017 (s 305)
Dictionary
dictam A2005‑52 s 43; A2008‑37 amdt 1.176; A2010‑18 amdt 1.23; A2011‑17 s 9; A2012‑26 amdt 1.20; A2013‑19 amdt 3.160; A2013-41 amdt 1.16; A2015‑34 s 111; A2016‑52 amdt 1.82; A2025‑29 amdt 3.121
def accounting standards ins A2017‑4 amdt 1.14
def applicable governmental policies ins A2005‑52 s 44
def appropriation reloc from s 3 A2001‑95 amdt 1.4
def Appropriation Act reloc from s 3 A2001‑95 amdt 1.4
def appropriation unit reloc from s 3 A2001‑95 amdt 1.4
om A2013‑19 amdt 3.161
def banking account ins A1997‑102 s 4
am A1999‑33 sch
reloc from s 3 A2001‑95 amdt 1.4
def borrowing reloc from s 3 A2001‑95 amdt 1.4
def budget papers am A2001‑56 amdt 3.256
reloc from s 3 A2001‑95 amdt 1.4
def capital injection reloc from s 3 A2001‑95 amdt 1.4
sub A2005‑52 s 45
am A2011‑17 s 16
sub A2015‑34 s 112
def capital works advance ins A2019‑8 s 8
def CEO ins A2005‑52 s 46
def chief executive officer reloc from s 3 A2001‑95 amdt 1.4
sub A2005‑52 s 47
def class of outputs reloc from s 3 A2001‑95 amdt 1.4
sub A2015‑34 s 113
def contract ins A2006‑30 amdt 1.53
sub A2015‑34 s 114
def controlled recurrent payment ins A2015‑34 s 115
am A2025‑29 amdt 3.122
def department reloc from s 3 A2001‑95 amdt 1.4
om A2011‑17 s 10
def departmental banking account am A1997‑102 sch
reloc from s 3 A2001‑95 amdt 1.4
om A2011‑17 s 10
def directorate ins A2011‑17 s 10
def directorate banking account ins A2011‑17 s 10
def division 9.6 authority ins A2006‑30 amdt 1.54
def division 9.7 authority ins A2006‑30 amdt 1.54
def establishing Act ins A2005‑52 s 48
def expenses reloc from s 3 A2001‑95 amdt 1.4
def financial management guidelines sub A2001‑11 amdt 3.125
reloc from s 3 A2001‑95 amdt 1.4
def financial year ins A2005‑52 s 48
def general government sector ins A1997‑124 s 4
reloc from s 3 A2001‑95 amdt 1.4
def generally accepted accounting practice reloc from s 3 A2001‑95 amdt 1.4
sub A2005‑52 s 49
am A2011‑17 s 16
om A2017‑4 amdt 1.15
def governing board ins A2005‑52 s 50
sub A2011‑17 s 11
def governing board member ins A2005‑52 s 50
def GST ins A2000‑27 s 4
reloc from s 3 A2001‑95 amdt 1.4
om A2005‑52 s 51
def handover day ins A2006‑30 amdt 1.55
def input tax credit ins A2000‑27 s 4
reloc from s 3 A2001‑95 amdt 1.4
def interest ins A2001‑45 s 4 (as am A2002‑30 amdt 3.370)
om A2019‑42 amdt 1.14
def invest ins A2001‑45 s 4 (as am A2002‑30 amdt 3.370)
def Legislative Assembly secretariat sub A2001‑95 amdt 1.1
reloc from s 3 A2001‑95 amdt 1.4
sub A2005‑42 amdt 1.1; A2007‑3 amdt 3.243
om A2012‑26 amdt 1.21
def material interest ins A2005‑52 s 52
def memorandum of understanding ins A2015‑34 s 115
def outcomes reloc from s 3 A2001‑95 amdt 1.4
om A2009‑49 amdt 3.67
def outputs reloc from s 3 A2001‑95 amdt 1.4
am A2011‑17 s 16
def prescribed reloc from s 3 A2001‑95 amdt 1.4
def PSWC fund banking account ins A2018‑47 amdt 1.3
def public money am A2001‑95 s 4
reloc from s 3 A2001‑95 amdt 1.4
am A2004‑53 amdt 1.1; pars renum R19 LA (see
A2004‑53amdt 1.2); A2019‑42 amdt 1.15
def public sector entity ins A2023‑32 s 5
def public trading enterprise ins A1997‑124 s 4
reloc from s 3 A2001‑95 amdt 1.4
am A2003‑21 s 14
om A2005‑52 s 53
def public trading enterprise sector ins A1997‑124 s 4
reloc from s 3 A2001‑95 amdt 1.4
def relevant Assembly committee ins A2022-4 amdt 1.29
def relevant territory authority ins A2005‑52 s 54
def responsible chief executive reloc from s 3 A2001‑95 amdt 1.4
om A2011‑17 s 12
def responsible director-general ins A2011‑17 s 12
def responsible Minister reloc from s 3 A2001‑95 amdt 1.4
am A2005‑52 s 55; A2011‑17 s 16
def returns ins A2019‑42 amdt 1.16
def securities reloc from s 3 dict A2001‑95 amdt 1.4
def statement of intent reloc from s 3 A2001‑95 amdt 1.4
sub A2005‑52 s 56
def subsidiary ins A2004‑53 amdt 1.3
def superannuation appropriation ins A2000‑21 sch
reloc from s 3 A2001‑95 amdt 1.4
def superannuation banking account ins A2000‑21 sch
reloc from s 3 A2001‑95 amdt 1.4
om A2013‑19 amdt 3.161
def taxable supply ins A2000‑27 s 4
reloc from s 3 A2001‑95 amdt 1.4
def territory authority am A2000‑21 sch; A2001‑95 amdt 1.3
reloc from s 3 A2001‑95 amdt 1.4
sub A2006‑30 amdt 1.56
def territory banking account am A1997‑102 sch
reloc from s 3 A2001‑95 amdt 1.4
def territory entity ins A2015‑34 s 115
def the Territory ins A2009‑49 amdt 3.68
def Treasurer’s advance ins A2015‑34 s 115
def trust money reloc from s 3 A2001‑95 amdt 1.4
def under treasurer ins A2015‑34 s 115
def warrant am A1997‑102 sch
reloc from s 3 A2001‑95 amdt 1.4
om A2002‑38 amdt 1.10
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R0A
4 Feb 20191 Sept 1997–
23 Dec 1997A1997-39 amendments by A1997-39 R1 (RI)
4 Feb 201931 Jan 1998–
20 May 1999A1997‑124 amendments by A1997-102 and A1997‑124 R1A
4 Feb 201921 May 1999–
30 June 1999A1999-28 amendments by A1999-28 R1B
4 Feb 20191 July 1999–
11 July 1999A1999-33 amendments by A1999-33 R1C
4 Feb 201912 July 1999–
9 Nov 1999A1999-36 amendments by A1999-36 R2 (RI)
4 Feb 201910 Nov 1999–
29 June 2000A1999-58 amendments by A1999-58 R2A
4 Feb 20191 July 2000–
28 Mar 2001A2000-27 amendments by A2000-21 and A2000-27 R2B
4 Feb 201929 Mar 2001–
28 June 2001A2001-11 amendments by A2001-11 R3
12 Sept 200112 Sept 2001–
19 Dec 2001A2001‑56 amendments by A2001-42, A2001‑43, A2001‑44 and A2001‑56 R4
4 Jan 200220 Dec 2001–
30 Dec 2001A2001-97 amendments by A2001-97 R5
4 Jan 200231 Dec 2001–
31 Dec 2001A2001-97 expiry of provisions (s 29A and s 61A) R5 (RI)
19 Sept 200231 Dec 2001–
31 Dec 2001A2001-97 reissue for retrospective amendments by A2002‑30 R6
4 Jan 20021 Jan 2002–
11 Jan 2002A2001-97 amendments by A2001-95 R6 (RI)
19 Sept 20021 Jan 2002–
11 Jan 2002A2001-97 reissue for retrospective amendments by A2002‑30 R7*
14 Jan 200212 Jan 2002–
29 June 2002A2001-97 amendments by A2001-45 R7 (RI)
19 Sept 200212 Jan 2002–
29 June 2002A2001-97 reissue for retrospective amendments by A2002-30 R7A
19 Sept 200230 June 2002–
30 June 2002A2001-97 retrospective amendments by A2002-29 and A2002-30 R8
1 July 20021 July 2002–
16 Sept 2002A2001-97 expiry of provision (s 17A) R8 (RI)
19 Sept 20021 July 2002–
16 Sept 2002A2001-97 reissue for retrospective amendments by A2002-30 R9*
19 Sept 200217 Sept 2002–
31 Oct 2002A2002-30 amendments by A2002-30 R10
1 Nov 20021 Nov 2002–
7 Mar 2003A2002‑38 amendments by A2002‑38 R11
8 Mar 20038 Mar 2003–
19 May 2003A2003‑9 amendments by A2003‑9 R12
20 May 200320 May 2003–
29 June 2003A2003‑21 amendments by A2003‑21 R13
30 June 200330 June 2003–
31 Oct 2003A2003‑27 amendments by A2003‑27 R14
1 Nov 20031 Nov 2003–
18 Dec 2003A2003‑46 amendments by A2003‑46 R15
19 Dec 200319 Dec 2003–
6 Apr 2004A2003‑56 amendments by A2003‑56 R16
7 Apr 20047 Apr 2004–
29 June 2004A2004‑19 amendments by A2004‑19 R17
30 June 200430 June 2004–
30 June 2004A2004‑35 amendments by A2004‑35 R18
1 July 20041 July 2004–
16 Aug 2004A2004‑35 amendments by A2004-33 R19
17 Aug 200417 Aug 2004–
1 June 2005A2004‑53 amendments by A2004‑53 R20*
2 June 20052 June 2005–
29 June 2005A2005‑20 amendments by A2005‑20 R21
1 July 200530 June 2005–
31 Aug 2005A2005‑32 amendments by A2005‑32 R22
1 Sept 20051 Sept 2005–
26 Oct 2005A2005‑42 amendments by A2005‑42 R23
27 Oct 200527 Oct 2005–
31 Dec 2005A2005‑52 amendments by A2005‑52 R24
1 Jan 20061 Jan 2006–
18 June 2006A2005‑52 amendments by A2005‑52 and modifications by SL2005-42 R25
19 June 200619 June 2006–
30 June 2006A2006‑30 amendments by A2006‑30 R26
1 July 20061 July 2006–
19 July 2006A2006‑30 amendments by A2006‑30 R27
20 July 200620 July 2006–
1 Aug 2006A2006‑30 commenced expiry R28
2 Aug 20062 Aug 2006–
27 Oct 2006A2006‑30 commenced expiry R29
28 Oct 200628 Oct 2006–
11 Apr 2007A2006‑30 commenced expiry R30
12 Apr 200712 Apr 2007–
11 May 2007A2007‑3 amendments by A2007‑3 R31
12 May 200712 May 2007–
27 Oct 2007A2007‑10 amendments by A2007‑10 R32
28 Oct 200728 Oct 2007–
1 July 2008A2007‑10 commenced expiry R33
2 July 20082 July 2008–
25 Aug 2008A2007‑10 commenced expiry R34
26 Aug 200826 Aug 2008–
1 Feb 2009A2008‑28 amendments by A2008‑28 R35
2 Feb 20092 Feb 2009–
30 June 2009A2008‑37 amendments by A2008‑37 R36
1 July 20091 July 2009–
16 Dec 2009A2009‑12 amendments by A2009‑12 R37
17 Dec 200917 Dec 2009–
31 Dec 2009A2009‑49 amendments by A2009‑49 R38*
1 Jan 20101 Jan 2010–
2 June 2010A2009‑49 amendments by A2009-25 and A2009-48 R39
3 June 20103 June 2010–
29 Sept 2010A2010‑18 amendments by A2010‑18 R40
30 Sept 201030 Sept 2010–
31 Dec 2010A2010‑36 amendments by A2010‑36 R41
1 Jan 20111 Jan 2011–
30 June 2011A2010‑55 amendments by A2010-54 and A2010-55 R42
1 July 20111 July 2011–
15 May 2012A2011‑17 amendments by A2011‑17 R43
16 May 201216 May 2012–
30 June 2012A2012‑15 amendments by A2012‑15 R44
1 July 20121 July 2012–
21 Feb 2013A2012‑26 amendments by A2012‑26 R45
22 Feb 201322 Feb 2013–
13 June 2013A2013-5 amendments by A2013-5 R46
14 June 201314 June 2013–
30 June 2014A2013-19 amendments by A2013-19 R47
1 July 20141 July 2014–
31 Dec 2014A2014‑22 amendments by A2013-41 and A2014‑22 R48
1 Jan 20151 Jan 2015–
30 Sept 2015A2014‑54 amendments by A2014‑54 R49
1 Oct 20151 Oct 2015–
13 Oct 2015A2015‑34 amendments by A2015‑34 R50
14 Oct 201514 Oct 2015–
30 June 2016A2015‑34 amendments by A2015-33 R51
1 July 20161 July 2016–
31 Aug 2016A2015‑34 amendments by A2015‑34 R52
1 Sept 20161 Sept 2016–
1 Jan 2017A2016-52 amendments by A2016-52 R53
2 Jan 20172 Jan 2017–
8 Mar 2017A2016-52 expiry of transitional provisions (pt 30) R54
9 Mar 20179 Mar 2017–
13 Nov 2017A2017-4 amendments by A2017-4 R55
14 Nov 201714 Nov 2017–
21 Nov 2018A2017-41 amendments by A2017-41 R56
22 Nov 201822 Nov 2018–
28 Feb 2019A2018‑42 amendments by A2018‑42 R57
1 Mar 20191 Mar 2019–
11 Apr 2019A2018‑47 amendments by A2018‑47 R58
12 Apr 201912 Apr 2019–
13 Nov 2019A2019‑8 amendments by A2019‑8 R59
14 Nov 201914 Nov 2019–
7 April 2020A2019‑42 amendments by A2019‑42 R60
8 Apr 20208 Apr 2020–
13 May 2020A2020‑11 amendments by A2020‑11 R61
14 May 202014 May 2020–
24 June 2020A2020‑14 amendments by A2020‑14 R62
25 June 202025 June 2020–
21 Sept 2021A2020‑23 amendments by A2020‑23 R63
22 Sept 202122 Sept 2021–
5 Apr 2022A2021‑22 amendments by A2021‑22 R64
6 Apr 20226 Apr 2022–
6 Jan 2024A2022‑4 amendments by A2022‑4 R65
7 Jan 20247 Jan 2024–
1 June 2025A2023‑32 amendments by A2023‑32 R66
2 June 20252 June 2025–
15 Nov 2025A2025‑17 amendments by A2025‑17
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
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