Treasurer's Advance Authorisation Act 2002 (WA)

Western Australia

Treasurer’s Advance Authorisation Act 2002

Western Australia

Treasurer’s Advance Authorisation Act 2002

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	Interpretation	2
4.	Treasurer’s Advance Authorisation for 2002-2003	3
5.	Purposes for which money can be paid or advanced	3
6.	Crediting of amounts recouped or recovered	4

Western Australia

Treasurer’s Advance Authorisation Act 2002

No. 14 of 2002

An Act to authorise the Treasurer to make certain payments and advances and to specify a limit for the payments and advances so authorised for the financial year commencing on 1 July 2002.

[Assented to 28 June 2002]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Treasurer’s Advance Authorisation

Act 2002.

Treasurer’s Advance Authorisation Act 2002

s. 2

2.             Commencement

This Act comes into operation on the day on which it receives

the Royal Assent.

3.             Interpretation

In this Act, unless the contrary intention appears —

“Consolidated Fund” means the Fund of that name established

by section 64 of the Constitution Act 1889 and referred to in section 6 of the Financial Administration and Audit Act 1985;

“existing works and services advance” means so much of any

advance made before 1 July 2002 under an enactment corresponding to section 5(1)(b) or (c) as has not been recouped or recovered before 1 July 2002.

“local governments” means local governments or regional

local governments established under the Local Government

Act 1995;

“public authorities” means the Governor in Executive Council, Ministers of the Crown in right of the State, Government departments, State trading concerns, State instrumentalities, State agencies, and public statutory bodies, corporate or unincorporate, established by or under a law of the State;

“Treasurer” means the Treasurer of the State;

“Treasurer’s Advance Account” means the Account of that

name referred to in section 8 of the Financial

Administration and Audit Act 1985;

“Trust Fund” means the Fund of that name referred to in

section 9 of the Financial Administration and Audit Act

1985.

Treasurer’s Advance Authorisation Act 2002

s. 4

4.             Treasurer’s Advance Authorisation for 2002-2003

(1)

During the financial year commencing on 1 July 2002 the

Treasurer is authorised to make payments or advances under

this Act but the aggregate of —

(a)	the payments and advances made; and
(b)	any existing works and services advances,

is not to exceed $300 000 000.

(2) In calculating the aggregate mentioned in subsection (1) at any point of time in the financial year commencing on 1 July 2002, no account is to be taken of so much of —

(a)	any advance under section 5(1)(b) or (c); or
(b)	any existing works and services advance,

as has been recouped or recovered in that financial year.

5.             Purposes for which money can be paid or advanced

(1)

Subject to the Financial Administration and Audit Act 1985 and

section 4(1), the Treasurer may in the financial year

commencing on 1 July 2002 —

(a)

in anticipation of, or in addition to, the relevant

appropriations by Parliament, with that expenditure to

make payments of an extraordinary or unforseen nature Fund and to be subsequently submitted to Parliament for appropriation from the Consolidated Fund;

(b) make advances, on such terms as the Treasurer thinks fit, for the temporary financing of works and services of the State or to officers of public authorities including advances —

(i)      to public authorities;

(ii)      to accounts forming part of the Trust Fund; or

Treasurer’s Advance Authorisation Act 2002

s. 6

(iii)      for the purchase of stores, with those advances to be charged in that financial year to the Treasurer’s Advance Account and to be recouped by charging the specific appropriation of Parliament applicable thereto with the expenditure on those works or services or by recovering the advances from the public authorities, Trust Fund accounts or officers of public authorities to or on whose account the advances were made; and

(c)

make advances, on such terms as the Treasurer thinks fit, for the temporary financing of works and services undertaken in conjunction with, or on behalf of, other Commonwealth, State or Territory Governments, local

governments or persons on behalf of the State, with

those advances to be charged in that financial year to the

governments or persons, or by those Governments, local the Governments, local governments or persons to or on whose account the advances were made.

(2)	The terms of an advance under subsection (1)(b) or (c) may include an obligation to pay interest on the advance at a rate determined by the Treasurer and any such interest received is to
be credited to the Consolidated Fund.

6.             Crediting of amounts recouped or recovered

The following are to be credited to the Treasurer’s Advance

Account —

(a)	any portion of an advance under section 5(1)(b) or (c) that is recouped or recovered under section 5(1)(b) or (c);
(b)	any portion of an existing works or services advance that is recouped or recovered under an enactment corresponding to section 5(1)(b) or (c).