Treasurer's Advance Authorisation Act 2005 (WA)

Western Australia

Treasurer’s Advance Authorisation Act 2005

Western Australia

Treasurer’s Advance Authorisation Act 2005

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	Terms used in this Act	2
4.	Treasurer’s Advance Authorisation for 2005-2006	3
5.	Purposes for which money can be paid or advanced	3
6.	Crediting of amounts recouped or recovered	4
7.	Treasurer’s Advance Authorisation Act 2004
amended	5

Western Australia

Treasurer’s Advance Authorisation Act 2005

No. 4 of 2005

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 2005, and to

amend the Treasurer’s Advance Authorisation Act 2004 section 4.

[Assented to 1 June 2005]

The Parliament of Western Australia enacts as follows:

1.             Short title

This is the Treasurer’s Advance Authorisation Act 2005.

Treasurer’s Advance Authorisation Act 2005

s. 2

2.             Commencement

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

the Royal Assent.

3.             Terms used in this Act

In this Act, unless the contrary intention appears —

“2005 financial year” means the financial year commencing on

1 July 2005;

“Consolidated Fund” means the Fund of that name established

by the Constitution Act 1889 section 64 and referred to in

the Financial Administration and Audit Act 1985 section 6;

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

advance made before 1 July 2005 under section 5(1)(b)

or (c) of a previous TAA Act as has not been recouped or

recovered before 1 July 2005;

“local governments” means local governments or regional

local governments established under the Local Government

Act 1995;

“previous TAA Act” means an Act enacted for purposes

similar to those of this Act in relation to a financial year

commencing before 1 July 2005;

“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 the Financial Administration and Audit

Act 1985 section 8;

Treasurer’s Advance Authorisation Act 2005

s. 4

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

Financial Administration and Audit Act 1985 section 9.

4.             Treasurer’s Advance Authorisation for 2005-2006

(1) During the 2005 financial year 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 2005 financial year, 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 the 2005 financial year.

5.             Purposes for which money can be paid or advanced

(1)

Subject to section 4(1) and the Financial Administration and

Audit Act 1985, the Treasurer may in the 2005 financial year —

(a)	make payments of an extraordinary or unforseen nature in anticipation of, or in addition to, the relevant appropriations by Parliament, with that expenditure to be charged in the 2005 financial year to the Consolidated 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;

Treasurer’s Advance Authorisation Act 2005

s. 6

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

(iii)      for the purchase of stores,

with those advances to be charged in the 2005 financial

year to the Treasurer’s Advance Account and to be

recouped by charging the specific appropriation of

Parliament applicable to them 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, or by those Governments, local

governments or persons on behalf of the State, with

those advances to be charged in the 2005 financial year

to the Treasurer’s Advance Account and to be recovered

from 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) or (c);

(b)

any portion of an existing works or services advance of a previous TAA Act.

Treasurer’s Advance Authorisation Act 2005

s. 7

7. Treasurer’s Advance Authorisation Act 2004 amended

(1)

The amendments in this section are to the Treasurer’s Advance

Authorisation Act 2004*.

[* Act No. 19 of 2004.]

(2)

Section 4(1) is amended by deleting “$300 000 000” and

substituting the following —

“ $750 000 000 ”.