The Audit Act 1882 (SA)
ANNO QTTADRAGESIMO QUINTO ET QU,4URAGRSl MOSEXTO
VICTOKIB REGINZ.
No. 241. An Act to provide for the Audit of the Public Accounts.
[Resevvcd, Aztgzdst 30th 1882.1 HEREAS it is desirable to amend the systcln of kccping and Preasnhle.
W auditing the public accounts and to enable the Governor in Council to appoint two Commissioners of Audit-Be it therefore Enacted by the Governor of the Province of South Australia by and with the consent of the Legislative Council and thc House of Assembly of the said province, in this present Parliament nsseinhled, as follows:
1, The office of Auditor-Gencrd is hereby abolished, and so~ ~ ~ ~ ~ f a u d i t o ~ - much of the Constitution *4ct as provides for the payment of a salary to the Anditor-General, the Act No. l1 of 1862, ;md all othcr statutes and regulations .respecting the said office are hereby repealed; arid all duties heretofore, by virtue of any statutc or othcr- wise, perfonncd by tllc Audi tor-Gmcral, shall hcrcnftcr bc pcrformcd
hy the Corninissioncrs of Audit hereinafter referred to, or by either
of them.
hold office during good behaviour, and shall not be re~novable therefrom unless, an address be presented to the Governor from both Houses of the Legislature in one Session, or from either | Audit, who shnll bc appointed hy the Governor in Council, and shall |
both Houses of Parliament, if then sitting, within seven days from |
such
such suspension, or, if they be not then sitting, then within scvrlr days after the commencement of the nest Sesslon; and. if an ad- dress shall not, within one calendar month afterwards during that Session, be presented to the Governor by the Legislative Council or IIousc of Assembly praying for the r e m o d of such Commissioner from his office, such Commissioner shall be restored thereto; but, if such address shall be so prcscntd, thc Govcmor in Comicil may
1-c- move snch C'ommissioner from his officc, and th~reupon the same shall become vacant.
3, In case of the death, resignation, or removal of either of the |
or the successor in office of any such Commis- |
sioner, i t shall be lawful h' | the Governor in Council to appoint |
some other fit person to fill snch vacancy.
4, I n the case of the illness, suspension, or absence from the |
province of either of the said Commissioners, i t shall be lawful for thc Governor in Council to appoint some other person to act as thc deputy of such Commissioner during such illness, suspension, or absence and every such person shall make md subscribe a declaration in the manner and form hereinafter stated and shall, during the time for which he shall act as such deputy, have all the powers and perform all the duties of such Commissioner. |
5. The said Commissioners, before they shall enter upon the |
duties or exercise the powcrs vcstcd in them by this Act, shall make and subscribe before the Executive Council the following declaration, and every such declaration shall bc kept amocg the records of the said Council. |
DECLARATION.
l: according to the best of my skill and ability I will faithfully, impartially, and truly execute the office anti | perform the duties of Commissioner of Audit. |
llis | ||
and | ||||
| ||||
45' |
monthly statement of |
late the tmounts of moneys l i tcl y to heconic due and payable | o ~ l t | of ,,,,,,ss |
thc public rcvcnuc and thc loan fund respectively during a period
not exceeding one month ucxt after such c:dculation and shall
thereupon prepare two ~varrants setting forth tlre said amounts,
classifying and arranging them under tlrc smlc divisions and sub-
divisions that shnll havc bcen cniployed in the appropriation thereof,
or shall be required by s11ch regulatioiiu, a d, &er having signed
such warrants, shall transmit the same to the Governor for his ap-
proval and signature.
9, All Fersolls who, by any law, wgul:ition, or appointment, are Persons receiving
now or shitll llcrcafter LP clra~gnl with the duty of | collrc~ing or ~ | ~ | ~ | ~ | ~ | ~ | , | ~ | , | ~ | $ | ~ | ~ | ~ | ~ |
receiving rcvcnuc, or with tlrc duty of disbursii~g | 1110ne)'8 on account | l ~ x f o r m | rlxticsre- |
of the public scr~ice, | shall Perform all such duties a d | render such | quired by this |
acco~znts | as shall be prescribecl by | t l l i ~ 4 (. t | or any such regulations |
to | be ilrade | t l ~ c r c ~ ~ n l e r. |
10, The cashirlr at the 'I'rcasury sh:dl l)ay such accounts o ldy Duties of rauhier.as shall be from time to tiirrtl d d y authorised by the ( ' nOVCTllOL' as aforesaid, but no such nccouiit slliill be so paid by tlw cashier uutil he shall have ascertained th i~t tllc said rcgulatioils sllalll~avc bcen complicd with so far as the same rclatc to tile duty of the cashier.
:~ccountu | to be certified |
castings, rate of charge and the faitldnl pf~rfonilnnce | of | thr s ~ w i e c s | ,,,,,,,,,,,,, |
charged for shall lte sprcially certified to b y at least two officers of' incurring
thc expense.
the department i~lcurriug | tlre expclisc, a i d tllc said CC:o~~~niissivncrs |
of | -1udit sllnll, in their report hckreiuaiftr~ ~~lcutioncrl, | snrchnrgc such |
officers tllc ainnnnt of any ovcq)nj-rneilt that may be nratle cn t l ~ c
faith of the correctness of their certificate.
service for any year shall he legally nuoilable | for the servicc of | that |
ycnr; provided th i~t | payment of the same bc made during the said |
year, or during the first tlrrrc clays of the pcar. following; ancl all P""
votes which shall be appropriated to thc public service fbr any year
and which shall not be cxpcntlctl during such year, or within
the first three days of the following year, ~ 1 ~ ~ 1 1 lapse and the
accounts for the year sl~all | tlicx be closccl: Provicled that, until |
the cxpi~ation oP six months from tha r n d of sucli financial ymr,
01' until thc Appropriation Act sllnll lrnve passed, whichever shnll first happen, it shall be lawful for the 'l'reasurer to espcird itlly amounts included in such lapsed rotes to the cxtent to wliiclr tlrc same havc been brought for~varci, ancl are iucludcd in thc ~stimittcs of Expeu- cliturc.
13, The Treasurer may, from time to time, agree with any bank Treasurer me agree
or banks upon such terms and conditions as he may think fit, for conauctin,b,Bi,,,, | |
the receipt, custody, payment and transmission of public moneys, |
45' & 46" VICTORIA, NO. 241.
The Audit Act.-1882.
by or to thebank upon balances or advances respectively, ancl generally for the conduct of thc banking business of the Go- vernment; but no such agreement shall be made for a period of more than one year unless it contains zl provision that the same may be terminated at any time after a. notice of not exceeding six months.
shall be paid to "the Public Account" shall, once in every wcck, or oftener if so required, deliver or send by the post to the said Com- missioners ancl Treasurer ~cspectively a copy (to be called "The | |
Bank-sheet") of so much of the debit and credit side of " the Public Account" respcctivcly as shall not then havc been sent by such person or body politic to the said Clommissioncrs and 'l'reasurcr respectively. | |
*' | |
and accompanying documents shall be furizishcd to tlic said Com- | |
rnissioncrs or &e of them daily instead of weekly as herein provided and, up011 the promulgation of such regulati&i, the provisions of this Act shall he applicable to such daily cash-sheet and other docunlciits and all matters inciclcnt tlwreto in the same rnamcr as | |
if the cash-sheet ancl other documents wme by thiq Ar t directed to | |
be furnished daily instead of weckly. |
on ~*eccipt | by him or |
them of the cash-sheet rcfcrrd to above, shall compare the dcbit and credit cntries with the supporting vonchcrs and documents for- | warded therewith m d examine their corrtlctnpss as to rates, compu- | tations, and castings, and shall cmuinr: the supporting vouchers as | |
to wl~cther they bear upon thc face of thcm a correct descriptioll of the prol)er heads of receipt or of' cspmditure to whicll the illoneys mentiolicd therein Iiavc been debited or crctlitcd r c s p c t i ~ d y, ai;d shall ascertain whether the moneys rnentioncd on the dcbit side of the si~id cash-sheet have been duly paid over to the Public Acco~mt, and whether the sums mentioned as paid on the crcdit side of thc said cash-sheet have been actually and duly disbursed u~liicr competent authoritv and on the prescribed kertificates, arlci the said Commissionm, or one of thcm, shall allow and discharge tlie Treasurer monthly for all receipts which shall be found correct, alld for all pavments rnade in pursuance of the warrants under the hand of the ~ d v e r n o r, prescribed by the eighth section of this Act, and | |||
| |||
|
17.
Thc Audit Act.-188%
- | -- - | - -. - | - -- - - p- | -- |
Commissioners to |
o t l w ilocimrnts | procl~lcecl as ~ouchers | or :IS subordinate voitchers, | and queries, and to |
the said C'ominissioncrs or one of them sh:111 rnalie such qiwi-ies and | di~chargc |
charge. |
and sur-
observations ndclrcssed to officci,s ccrtifyint~ | ncconnts or 1)ersons in any |
h.
may concerned wit 't~ | thc rcccipt or the dishni.semmt of the inoneys |
or | f u ~ ~ r l s | rcfcrrecl | to | in | this | :2rt, | i t l l~ l. ~ l l i ~ l l | cidl for such further |
accounts, ~ouchcrs, | statements ancl csplanationq, as they or he may |
think necessary aid, aftcr such qncrics 2nd obwrvations | been |
answered ancl after such fnrtller ncco~~nts | and es~)lanations | have |
been rendered, shall rlidlorv and surct~argc a11 s ~ m s | not duly |
credited to the proper fund and paid o ~ e r | to the Public Account |
;uid sllall disallow and surc.l~nrgc all sums clisburscci in cxccss or not cluly vonchecl ancl authorised nad slid1 forwird to the Treasurer n stntcincnt of all snrh nnxttisficd surcharges to be enforcccl. by him against such officrrs rcrtif ying a(~o11n t S or other 1)erhons tllrough
whose default such s~u.chnrgcs | Bavc? arisen. |
Persons accountable |
aforesaid may be clissatisfictl with any dixtllowanccs ny surcharge | to have right of | |
| ||
in his accoullts made by the said Coinnlissioners or cithcr of | Council. |
them, such officer or other person shall have a riwht of appeal to the |
Governor in Coluncil, who, a£ ter such in~estigatlon as may by him be considerecl equitable, may 111alic such order dirccling thc relief of the appe1l;mt rvllolly or in part from the disallowance or sur- chn~gc in qnestion as shall ;q)pt.ar to the Governor in Conncil to be just ancl rcasonablc, ailcl his decision shall be final.
Commissioner to in - spect Government |
this 1mrposc arc authorised ancl crnpowered, frorxi time to time, | stores, bookv of ac- |
to iilspect and talic account of a11 goods murehoused under | count, |
boud to the Govcrnnlent in any store whether pnblic 01. privntc: | |
and to inspcct the books and ;xccouiits of every person in | |
tlw Govcrilrnent scrvicc to wliasc possession or control any rnolieys shall have come for or on account | |
by virtue of his office or einployment or of m y legal prorcss | whntsocvcr for or on accou~lt or for the use or benefit of any |
other person, and to incpcct a11 ~tores belonging to PIcr RIajesty of whatsoever nature or description the same may h r and to cansc stock ihcrcof to be takeu, m d also to investigate and examine all contracts, accoimts, inr-uiccs, requisitious, boolrs, bills of parcels ailcl vouchers in anywisc rchting to or concerning the same | |
tion and comparison i~11d it5 to the manner in which the books accounts and other papers aforesaid arid stores sE~itll have been kept, and every such report shall, within one week after the making and signing thereof, be transmitted to the Trcas~~rer. |
produced by any cashier or officer for a Provision for impep- |
45O & 46" VICTORILE, No, 241. | -- | - .- | - -.-p |
-- -
-- | -- |
sum of money disbursed by him shall be defective from the want of any certificate or other docurncnt which ought to havc accompanied i t or in any other particular, it shall be lawful for thc said (;'cm- missioners or eithcr of them, upon proof being made to their satisfac- tion that such cashier or officer did not wilfully ncgleut to obtain aild produce such certificate or rl~cument antl that the sum specified
in the voucher has been actually and properly disbursed, to adrnit
such voucher as a sufficient discharge of the said cashier or officer
and to allow the amount of the same to his credit.
credit of any cashier, officer or other person either without m y written voucher or upon an imperfect vouchcr or shall be cXisallowecl | ||
in consequence of the itbsence or imyerfection of such vouchcr, the | ||
particulars and amount of such nllowance or disallowance shall be specified to the Treasurer by the said Comnlissioners, and, in case of the ctisallowance of any sum, the amount tllcrcof shall be decmed and taken to be money paid by Her Majesty to the use of such cashier or oEccr a t his request. |
22, |
It shall hc lawful for the Governor with the advice aforesaid to cxcmpt from cletaile(1 audit by thc said Commissioners, but not from appropriation audit by thein, the accounts of receipt and expen- diture 01 m y department the pecu1i:tr duties, constitution or circurn- stailces of wllic11 may reildcr such exemption expedient: r'roviderl that a report of such exemption s11:~ll be laid by tllc Treasurer before the 1,cgisl:~tivc Council ancl LIouse of Assembly. if Parliament is then sitting, within seven days after such exemption shall havc bwn directed as aforesaid, antl, if Parliament bc not then sitting, then within seven da!s after the next meeting of Parliamcnt.
tailed
audit.
23, | ?'he said C'onirnissioners or either of' thcm we a d | is licriby | |
call | authoriscc1 :mcl | e ~ r ~ p v e l e c i | by prccel) | t mider their or his hands |
or hand, in the form coiltai~ied | in t l; ~ | schcc1ulc to this Act or to |
fit to appear persorially bcforc tllem o r him at a time and place to | tllc like effect, to require all such persons as they or lic lmy think |
be nn~ncd in such ~)reccyt and to p r o d ~ ~ c e to t h m or him a11 such accounts, books nnd papers in the posscssivu or control of such p ( ~ s o n s a s shall nppctlr to bt. necessary for the purposcs of tlicir examination, and it shall he lilwf'nl for the said Commissioners or either of them, and tlicp and he are a i d is hcrcbv authorised n711cn tlrcy or he shall see occasion, to rausc scnrch |
24. 'l'llc said Cor~irnissioncrs | or either of them are and is heleby | |
autlmrised and required to examinc, upou promissory declaration | ||
to be made before them or cither of them, in lieu of oath, all | ||
personswhom they or cithcr nf them sl~all think fit to examine | ||
|
affected
4 5 O & 46O VICTORIW, No. 241.
affected
said ('ornmissioners |
or either of them for the pnmose of
any account books, souclwrs,hr other documents or to answcr any
lawful question when required so to do by the said Commissioners
or either of thern, shall bc liable on airy such default to be dealt with
for contempt b y the Coninlissioners in like manner us persons charged
with contcmpt'of Coart are dealt with by the Suprcrnc. (:ourt: Pro-
vided that evcry person so attending, ot,her than a. civil servant
attending at his office cluring office hours, shnll be entitled to such
travelling expenses and allowances as would be allowed to a
witness on a, trial a t the Supreme Court, and no person shall be
compelled to lenvo any place where he inay be or to appear or be
examined unless he shnll first be paid such travelling expenses.
26, If any person sllall make or subscribe any such declarationPenalties forfalse
as bereinbefore mentioned and shall in thc course of his examinatioii
hcf ore the said Commissioners, or either of thcm, wilfully and
corruptly give false evidence, such person so offending shall incur
tlic same penalties as are or may be provided against persons con-
victed of wilful and corrur~t | perjury. |
27. The said Cornrr~issioners shall be entitled to lay before theCommissionera may
Crown Solicitor a. case in writing as to any queiition arising out of |
this Act or conccrning the discharge of the said Commissioiic:rs' duties thereunder, and s w h Crow11 Solicitor shall give |
28. If any person in the public scrvice to whose possession orPenalties for rnisap-
control any moneys shall conlr for or oil account of the public | ||
revenue. or by virtue of his officc or employmciit or of any legal process whatsoever, for or 011 account of for t l ~ use or benefit of | any other person, or if any person liable to account for the receipt | |
improperly dispose of or shall wilfully damage or destroy the same respectively, he shall bc! guilty of felony. |
as soon as conveniently may be after the ox- |
piration of every quarter of the financial year shall publish in the | qwrterly |
Governmewt Gazctte a, statement i11 detail of the receiptsof the publicexpenditure. revcnuc during such quartcr and also n statc~nent in clctail of theexpenditure thereof respectively dnring such quarter, together with
s comparative statement of such rece~pts and expenditure during the corresponding quarter of the previous financial year and during
the twelve months ending with such quarter.
end of every financial year, prepare a full and particular statement
statements. in detail
of the expenditure of the public revenue for such year(classified
45'
81 46" VICTORIE, NO.241. (classified and arrangyd in tllc same for111 :id with t ? same coluums ~ and under the same dlvisions, sub-divisions, and items of subdivisions that shall have been employccl in the appropriation thcrcof) for thc same period and also of the receipt of' the said revenue for the semp year and shall transmit such statement to the said Comm~ssioners.
upon such mind statenlent in full and showing in what particulars such statement ngrces with or differs from the books ancl accounts of the Treasurer and, in case of disagiwment,, indicating such differences and containing full particulars of every case in which the forms prescribed by this Act shall 11ot h a ~ e been acioyted or shall in m y manner hnvc bcen ~a r i ed or departed from, and of every case in which default shall hnvc bccn matlr in rlclivering or sending accounts or accounting for public or other moneys or storcs and o i all sums allowed by the said Co~mnissioners u r one of tllrrn witlmut any ~'ouchers or with imperfect vouchem, and of any pro- ceedings that rnny have been taken by or against m y pcrcon in pursuance of the provisions hereinbefore contained. | |
reports. |
I. Particulars of cvcry warrant of the Governor for the ex-
penditure of any sum of money for any purpow which has
not been authorised by Parliament:
And of every such wanant authorising the cxpenditurc for m y purpose of
s larger sum than has been nppro- priatcd by Parliament to that purpose:And of cvcry such warrant directing the applicatioil in aid of any item that rimy be deficient of a further sum out of' any surplus arising out of other items under thc same head of expenditure.
facts laid by the said |
Commissioners or either of them before the Crown |
Solicitor for opinion, and of such opinion. |
Boport to bc trans-
ment be not sitting,. then within seven days after it assembles, transmit to the President of the Legislative Council and to the Speaker of the IIouse of Assembly duplicates of the said state- ment accompanied by such report and appendices, and the Presi- | |
dent and the Speaker shall forthwith lay the samc before their re- | |
spectivc Houses. |
It shall be lawfbl for the (:ornmissioners, in such yearly report or in any special report which they may at any time think fit to make as aforesaid, to recommend any plans and suggestions that they or
make suggestions in
special report. either of them may think fit to be adopted for the better collectioll ~ n d payment of the revenue and other moneys as aforesaid and the
nlOrC
45" & 46' VICTOKIA3, No. | ----p | -----p-- | - ---. --- | - |
- | - | -- | -- - | - -- | - - - | -- | - - | p | .. |
more effectual and economical audit and examination of the public accounts and any improvement in the mode of keeping such accounts, and generally to report upon all matters relating to the public accounts.
35, It
shall be the duty of the said Commissioners, or any Commisaionerg m y
officers appointed by therri for thc purpose, to audit the accounts |
of | any Municipal ~or~orn t ion, | District Council, or other |
Corp~ratio~l or institution receiving aid out of public moneys, when requircd so to do by the Chief Secretary; and the said Commissioners shall have ancl exercise, in respect of the moneys and accounts of any such body, and the pcrsons dealing therewith, the same powers which are hereby vested in the said Corrlmissioners in respect of t11c public revenue.
any person s l d l knowingly and wilfully forge or counter- |
feit, or cause or procure to bc forge,] or counterfeited, or knowingly and wilfully act or assist in forging or countel.fciting, the name, initials, mark, or handwriting of
m y othcr person to any writing whatsoever for or in order to the receiving or obtaining any part ofthe public revenue or any stores belonging to Her Majesty, or shall
forgc or counterfeit, or cause or procurc to be forged or counterfeited, or knowingly or rn i l f~dl~ act or assist in the forging or counterfeit- ing, any writing made by any such person as aforesaid, or shall utter or publish any such writing knowing the same to be forged or counttlrfeited, with an intention to defraud Her Majesty or any persou whomsocvcr, e~el-y person so oitkncling. shall be guilty of felony.
title and
37, This Act shall be called come illto operation on a day to be fixed by the Governor in a Proclamation to be published in the |
I reservc this Act for the signific,ation of | thc Queen's pleasure. |
F. DKUMMONU JERVOIS;, Governor, |
4 9 & 4 6 O VICTORIW, No. |
The Audit Act.-1882. THE SCHEDULE.
To Mr. These are
lo command and require you that lajing aside all and singular business andexcuses you beand appear in your proper person before such one or more of the Commissioners of Audit as shall be present at the [house] a t [town] on the
day of | instant / |
o'clock in the [fore] noon of the same day then and there to |
touching and concerning |
and also that you bring with y o u and produce to him or them
at
Given under [my] hand the | day of |
(L.s.)
Commissioner of
Audit.
- - - |
- - | --- -- -- | - | - |
P | . -- | .. -- | -- - | Pp | -p | P |
t h-+. |
0
0
0