Untitled document
Audit (Amendment) Act 1999
Act No. 53/1999
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—APPOINTMENT OF AUDITOR-GENERAL 3
3. New Division 3 inserted in Part V of the Constitution Act 1975 3 Division 3—Auditor-General 3
94A. Auditor-General 3 94B. Independence of the Auditor-General 4 94C. Tenure of office 5
4. Entrenchment of Auditor-General 6 5. Definitions 6
PART 3—AMENDMENT OF AUDIT ACT 1994 8
6. New section 1 substituted 8
1. Purposes 8
7. Definitions 8 8. Amendment of Part 2—Auditor-General 8 9. New Divisions 2 and 3 of Part 2 inserted 9 Division 2—Accountability and Reporting 9
7A. Auditor-General's annual plan 9 7B. Annual report 10 7C. Parliamentary Committee may alter obligations of Auditor-General 11 7D. Audit priorities, budgets and expenditure 13
Division 3—Administration 14
7E. Staff of Victorian Auditor-General's Office 14 7F. Assistance for Auditor-General 14 7G. Delegation 14
10. Abolition of Audit Victoria 15 11. Public sector auditing 15
i
Section Page
12. New section 9 substituted 16
9. Report on audit of financial statements 16
13. Consequential repeal of section 9A 16 14. Audit fees 16 15. Confidentiality and reporting 17 16. Offences 18 17. Reports by Auditor-General and performance audits 18 18. New section 16A inserted 20
16A. Report to Parliament on annual financial statement 21
19. Amendments to Part 5 22 20. New section 21A inserted 23
21A. Commencement day 23
21. New section 22 substituted 23
22. Auditor-General 23
22. New sections 24, 25 and 26 substituted 23
24. Audit Victoria 23 25. Transfer of Audit Victoria staff 25 26. Authorised persons 26
PART 4—CONSEQUENTIAL REPEAL AND AMENDMENT OF
OTHER ACTS 28
23. Repeal of Audit (Amendment) Act 1997 28 24. Financial Management Act 1994 28 25. Parliamentary Committees Act 1968 29 26. Further consequential amendments 29
__________________
SCHEDULE—Consequential amendments 30
═══════════════
NOTES 35
ii
Victoria
No. 53 of 1999
Audit (Amendment) Act 1999†
[Assented to 14 December 1999]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to provide for the appointment of the Auditor-General under Part V of the Constitution Act 1975;
(b)
to amend the Audit Act 1994 with respect to the functions and powers of the Auditor- General;
Audit (Amendment) Act 1999
Act No. 53/1999 s. 2 (c) to repeal the Audit (Amendment) Act 1997;
(d)
to make consequential amendments to other Acts.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.(2) If a provision of this Act does not come into
operation before 1 July 2000, it comes into
operation on that day.
_______________
Audit (Amendment) Act 1999
| s. 3 | Act No. 53/1999 |
PART 2—APPOINTMENT OF AUDITOR-GENERAL
No.
| 8750/1975. | 3. New Division 3 inserted in Part V of the Constitution |
| Reprint No. 13 | Act 1975 |
| as at | |
| 17 September | After Division 2 of Part V of the Constitution |
| 1998. Further | |
| amended by | Act 1975 insert— |
| No. 24/1999. |
'Division 3—Auditor-General
94A. Auditor-General
(1) There is to be an Auditor-General for the State of Victoria.
(2) The Auditor-General is to be appointed by
the Governor in Council on the
recommendation of the Parliamentary
Committee.
(3) The Auditor-General—
(a) holds office, subject to this Division, on the terms and conditions determined by the Governor in Council; and (b) is entitled to the remuneration and
(c) is not subject to the Public Sector 1998, except section 16 of that Act.
(4) The Auditor-General must not directly or indirectly engage in any paid employment outside the duties of the office.
(5) Before undertaking the duties of office, the Auditor-General must take an oath of office before the Executive Council.
(6) The remuneration of the Auditor-General is to be paid out of the Consolidated Fund,
Audit (Amendment) Act 1999
Act No. 53/1999 s. 3 which is appropriated to the necessary
extent.(7) Nothing in this section authorises the
remuneration of the Auditor-General to be
reduced.
94B. Independence of the Auditor-General
(1) The Auditor-General is an independent
officer of the Parliament.
(2) The functions, powers, rights, immunities
and obligations of the Auditor-General are as specified in this Act, the Audit Act 1994 and other laws of the State.
(3) There are no implied functions, powers, rights, immunities or obligations arising from the Auditor-General being an
independent officer of the Parliament.
(4) The powers of the Parliament to act inrelation to the Auditor-General are as
specified in or applying under this Act, the
Audit Act 1994 and other laws of the State.
(5) There are no implied powers of the
Parliament arising from the Auditor-General
being an independent officer of the
Parliament.(6) Subject to this Act, the Audit Act 1994 and other laws of the State, the Auditor-General has complete discretion in the performance or exercise of his or her functions or powers
and, in particular, is not subject to direction
from anyone in relation to—
(a)
whether or not a particular audit is to be conducted;
(b)
the way in which a particular audit is to be conducted;
Audit (Amendment) Act 1999
| s. 3 | Act No. 53/1999 |
(c) the priority to be given to any particular matter. (7) In sub-section (4), "Parliament" includes each House of the Parliament, the members of each House, the committees of each
House and joint committees of both Houses.
94C. Tenure of office
(1) Subject to this section, the Auditor-
General—
(a) holds office for 7 years; and
(b) is eligible for re-appointment.
(2) The Governor in Council may suspend the
Auditor-General from office at any time when the Parliament is not in session.
(3) If the Auditor-General is suspended from office, the Minister must cause to be laid before each House of the Parliament a full
statement of the grounds of the suspension within 7 sitting days of that House after the suspension.
(4) The Governor in Council must remove the suspension and restore the Auditor-General to office unless each House of the
Parliament, within 20 sitting days after the statement is laid before it, passes an address praying for his or her removal from office.
(5) The Auditor-General ceases to hold office if
he or she—
(a)
is removed from office on the presentation of an address of both Houses of the Parliament praying for his or her removal from office; or
Audit (Amendment) Act 1999
Act No. 53/1999 s. 4
(b) is suspended from office under sub- section (2) and is not restored to office; or (c) becomes an insolvent under
administration; or(d) nominates for election for either House of the Parliament of Victoria or for the Parliament of the Commonwealth or of another State or of a Territory; or (e) delivers to the Governor in Council a signed letter of resignation. (6) The Auditor-General is not to be suspended
or removed from office except in accordance
with this section.'.
4. Entrenchment of Auditor-General
In section 18(2)(b) of the Constitution Act 1975 after "Division 2" insert "or 3".
5. Definitions
In section 5 of the Constitution Act 1975 insert
the following definitions—' "insolvent under administration" means—
(a)
a person who is an undischarged bankrupt; or
(b)
a person who has executed a deed of arrangement under Part X of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the terms of the deed have not been fully complied with; or
(c)
a person whose creditors have accepted a composition under Part X of the Bankruptcy Act 1966 of the
Audit (Amendment) Act 1999
| s. 5 | Act No. 53/1999 |
| Commonwealth (or the corresponding provisions of the law of another jurisdiction) if a final payment has not been made under that composition; or |
(d) a person for whom a debt agreement has been made under Part IX of the Bankruptcy Act 1966 of the Commonwealth (or the corresponding provisions of the law of another jurisdiction) if the debt agreement has not ended or has not been terminated; "Parliamentary Committee", in Division 3 of
Part V, has the same meaning as in the Audit
Act 1994;'.
_______________
Audit (Amendment) Act 1999
Act No. 53/1999 s. 6
PART 3—AMENDMENT OF AUDIT ACT 1994
6. New section 1 substituted No. 2/1994.
Reprint No. 2
For section 1 of the Audit Act 1994 substitute— as at 1 July 1998. "1. Purposes The purposes of this Act are to provide for—
(a) financial and performance audits in the
Victorian public sector and thethe conduct of efficient and effective public grants; and
(b)
the provision of reports on those audits by the Auditor-General to the Parliament; and
(c)
the administration and audit of the Victorian Auditor-General's Office.".
7. Definitions
In section 3 of the Audit Act 1994—
(a) after the definition of "audit" insert— ' "Auditor-General" means the Auditor- General appointed under section 94A of the Constitution Act 1975;';
(b) "authorised person", "Board", "director",
the definitions of "Audit Victoria", money" are repealed.
8. Amendment of Part 2—Auditor-General
Audit (Amendment) Act 1999
Act No. 53/1999
In the Audit Act 1994—
(a) after the heading to Part 2 insert—
"Division 1—Acting Auditor-General and Deputy Auditor-General";
(b) sections 4, 4A, 4B and 5 are repealed;
(c) in section 6(5) omit "under this Act".
9. New Divisions 2 and 3 of Part 2 inserted
For section 7A of the Audit Act 1994 substitute—
'Division 2—Accountability and Reporting
7A. Auditor-General's annual plan
(1) Before the beginning of each financial year,
the Auditor-General must—
(a)
prepare a draft annual plan describing the Auditor-General's proposed work program for that year; and
(b)
submit the draft to the Parliamentary Committee.
(2) The Parliamentary Committee must consider
the draft annual plan and may comment on it.
(3) After considering the draft annual plan, the
Parliamentary Committee must return it with any comments to the Auditor-General.
(4) The Auditor-General must complete the
annual plan as soon as practicable after the passage of the annual appropriation Act for the year to which the plan relates, having
regard to—
(a) the annual appropriation; and
Audit (Amendment) Act 1999
Act No. 53/1999 s. 9
(b) any comments received from the Parliamentary Committee. (5) Before the beginning of the financial year to
which an annual plan relates, the Auditor-
General must—
(a)
present the completed plan to the Parliamentary Committee; and
(b)
cause a copy of the completed plan to be transmitted to each House of the Parliament.
7B. Annual report
(1) As soon as practicable after the end of each
financial year, the Auditor-General must—
(a) Victorian Auditor-General's Office
prepare a report of the operations of the with sub-section (2); and
(b) prepare financial statements for the financial year that comply with sub- section (3) and give them to the independent auditor for auditing; and
(c) cause the report of operations and audited financial statements to be transmitted to each House of the Parliament.
(2) The report of operations must—
(a) Financial Management Act 1994 and
directions under that Act that apply to
reports of operations of departments,
except to the extent determined by thecomply with section 48 of the section 7C; and
Audit (Amendment) Act 1999
| s. 9 | Act No. 53/1999 |
(b) include an account of the required under section 7A; and
(c) include the names of any persons to whom, during the financial year, the Auditor-General has delegated the power to make a report under section 9;
and(d) Parliamentary Committee under
include details of any resolutions of the operations and the disallowance of any such resolutions.
(3) The financial statements must—
(a) Financial Management Act 1994 and
directions under that Act that apply to
financial statements of departments,
except to the extent determined by thecomply with section 49 of the section 7C; and
(b) Parliamentary Committee under
include details of any resolutions of the statements and the disallowance of any such resolutions.
7C. Parliamentary Committee may alter obligations of Auditor-General
(1) The Parliamentary Committee may, by
resolution, vary any obligation or
requirement imposed on the Auditor-General
or the Victorian Auditor-General's Office byor under—
(a) section 7B(2)(a) or (3)(a); or
Audit (Amendment) Act 1999
Act No. 53/1999 s. 9
(b) the Financial Management Act 1994 Employment Act 1998.
(2) The chairman of the Parliamentary
Committee must cause a copy of each resolution under sub-section (1) to be laid before each House of the Parliament within 6 sitting days of that House after the resolution is passed.
(3) A resolution under sub-section (1) is disallowed in whole or in part if—
(a)
a notice of resolution to disallow the resolution is given in a House of the Parliament on or before the 18th sitting
day of that House after a copy of the
resolution is laid before that House; and(b)
the resolution to disallow is passed by that House on or before the 12th sitting day of that House after the giving of the notice of resolution.
(4) Notice of a resolution to disallow a
resolution under sub-section (1) may be
expressed to apply to the whole or to any
part of the resolution.(5) A resolution to disallow the whole or any
part of a resolution under sub-section (1) has
effect according to its tenor.
(6) If a House of the Parliament is prorogued or the Legislative Assembly is dissolved—
(a) the prorogation or dissolution does not affect the power of the House to pass a resolution disallowing a resolution under sub-section (1); and
Audit (Amendment) Act 1999
| s. 9 | Act No. 53/1999 |
(b)
the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.
(7) The disallowance of a resolution under
sub-section (1)—
(a) does not affect the validity of anything done in accordance with the resolution by the Auditor-General or the Victorian Auditor-General's Office before the
disallowance takes effect;(b) does not expose the Auditor-General or the Victorian Auditor-General's Office to any liability or sanction for acting in accordance with the resolution before the disallowance takes effect.
7D. Audit priorities, budgets and expenditure
(1) In performing or exercising his or herfunctions or powers, the Auditor-General must confer with, and have regard to any audit priorities determined by, the
Parliamentary Committee.
(2) The Auditor-General's budget for each
financial year is to be determined in consultation with the Parliamentary Committee.
(3) Despite anything to the contrary in the
Financial Management Act 1994 or in regulations or directions under that Act but subject to any relevant appropriation Act, the Auditor-General may incur any expenditure or obligations necessary for the performance of the functions of the Victorian Auditor- General's Office.
Audit (Amendment) Act 1999
Act No. 53/1999 s. 9 Division 3—Administration 7E. Staff of Victorian Auditor-General's Office
As many employees as are required for the
performance of the functions of the Victorian
Auditor-General's Office are to be employed
under Part 3 of the Public SectorManagement and Employment Act 1998.
7F. Assistance for Auditor-General
The Auditor-General may engage any person or firm under contract to assist in the performance of any function of the Auditor- General.
7G. Delegation
(1) The Auditor-General may delegate in writing
to any person any function or power of the
Auditor-General other than—
(a)
the power to make a report under section 15, 16 or 16A; or
(b) this power of delegation.
(2) The Auditor-General may delegate to a
person who is not employed in the Victorian Auditor-General's Office the power to make a report under section 9 on an audit of the
financial statements of an authority only if
the net assets disclosed in those financial
statements do not exceed the thresholdamount.
(3) For the purposes of sub-section (2), the
"threshold amount" is—
(a)
for financial statements in respect of the financial year, or any part of the financial year, commencing on 1 July 1999—$1 000 000;
Audit (Amendment) Act 1999
| s. 10 | Act No. 53/1999 |
(b) for financial statements in respect of a subsequent financial year, or any part of a subsequent financial year—the amount determined in accordance with
the formula—$1 000 000 × A
B
where—
A is the all groups consumer price
index for Melbourne published by
the Australian Statistician in
respect of the March quarter of theprevious financial year;
B is the all groups consumer price
index for Melbourne published by
the Australian Statistician in
respect of the quarter ending on31 March 1999.'.
10. Abolition of Audit Victoria
Part 2A of the Audit Act 1994 is repealed.
11. Public sector auditing
(1) Part 2B of the Audit Act 1994 is repealed.
(2) For the heading to Part 3 of the Audit Act 1994
substitute—
"PART 3—PUBLIC SECTOR AUDITS AND
REPORTS".
(3) In section 8 of the Audit Act 1994 in sub-section
(1) for "an authorised person" substitute "the
Auditor-General".
(4) In section 8 of the Audit Act 1994, for sub-
section (3) substitute—
Audit (Amendment) Act 1999
Act No. 53/1999 s. 12 "(3) The Auditor-General may audit any report of
operations of an authority under section 45 of the Financial Management Act 1994 to determine whether any performance
indicators in the report of operations—
(a)
are relevant to any stated objectives of the authority; and
(b)
are appropriate for the assessment of the authority's actual performance; and
(c)
fairly represent the authority's actual performance.".
12. New section 9 substituted
For section 9 of the Audit Act 1994 substitute—
"9. Report on audit of financial statements(1) The Auditor-General must make a report on
each audit of the financial statements of an
authority to—
(a) the authority; and
(b) the Minister responsible for the authority; and (c) the Minister administering this section. (2) The report under sub-section (1) must be
made within 4 weeks after the day on which the financial statements were received by the Auditor-General for auditing.".
13. Consequential repeal of section 9A
Section 9A of the Audit Act 1994 is repealed.
14. Audit fees
(1) In section 10(1) of the Audit Act 1994 for "under
this Act by an authorised person or the Auditor- General or under any other Act by the Auditor- General or a person authorised by the Auditor-
Audit (Amendment) Act 1999
| s. 15 | Act No. 53/1999 |
General" substitute "under this or any other Act by or on behalf of the Auditor-General".
(2) After section 10(2) of the Audit Act 1994
insert—
"(3) If an authority disputes the reasonableness of
an amount to be paid by it under
sub-section (1), the dispute is to be referred
to arbitration under the CommercialArbitration Act 19841.".
15. Confidentiality and reporting
(1) In section 12 of the Audit Act 1994—
(a)
in sub-section (1) for "or an authorised person" substitute ", a person authorised by the Auditor-General under section 11 or a person assisting the Auditor-General";
(b) in sub-section (2)—
(i) omit ", an authorised person";
(ii) omit ", authorised person".
(2) In section 12 of the Audit Act 1994 for
sub-section (3) substitute—
"(3) Despite sub-section (2) or any other law to
the contrary, the Auditor-General may
include in a report any information which
has come to his or her knowledge in the
course of performing functions under this or
any other Act if the Auditor-Generalconsiders that—
(a)
the information is relevant to the subject matter of the report; and
(b)
the inclusion of the information in the report is in the public interest.".
Audit (Amendment) Act 1999
Act No. 53/1999 s. 16
16. Offences
In section 14 of the Audit Act 1994 after "a person authorised by the Auditor-General" (where twice occurring) insert "under section 11".
17. Reports by Auditor-General and performance audits
(1) In section 15 of the Audit Act 1994 for
sub-section (1) substitute—
"(1) The Auditor-General may make a report on
any audit conducted by or on behalf of the
Auditor-General under this or any otherAct.".
(2) In section 16 of the Audit Act 1994 for
sub-sections (1), (2), (3), (4), (5), (5A), (5B), (5C)
and (5D) substitute—"(1) The Auditor-General may conduct any audit
he or she considers necessary to determine—
(a) objectives effectively and doing so
whether an authority is achieving its compliance with all relevant Acts; or
(b)
whether the operations or activities of the whole or any part of the Victorian public sector (whether or not those
operations or activities are being
performed by an authority or
authorities) are being performed
effectively, economically and
efficiently and in compliance with all
relevant Acts.(2) Before conducting an audit under this
section, the Auditor-General, in consultation
with the Parliamentary Committee and any
relevant authorities, must prepare a
specification for the audit that sets out the
Audit (Amendment) Act 1999
| s. 17 | Act No. 53/1999 |
particular objectives of the audit and any
particular issues to be addressed.(3) The Auditor-General must not make a report of an audit under sub-section (1)(a) unless, at least 28 days before making the report, the
Auditor-General—
(a) has given the authority a summary of recommendations; and
(b) has, in writing, asked the authority for submissions or comments before a specified date, being at least 14 days after the report is given to the authority. (4) The Auditor-General must not make a report of an audit under sub-section (1)(b) unless, at least 28 days before making the report, the
Auditor-General—
(a)
has given a summary of findings and proposed recommendations to—
(i) department for which the Minister
the department head of the responsible; and
(ii) any authority that, in the Auditor- interest in the report; and
(b) has, in writing, asked the department head and authority for submissions or comments before a specified date, being at least 14 days after the report is
given to them.(5) The Auditor-General must include in the report of an audit under this section any submissions or comments received before
the specified date from the authority or
Audit (Amendment) Act 1999
Act No. 53/1999 s. 17 department head (as the case requires) or a
summary, in an agreed form, of any such
submissions or comments.(5A) The Auditor-General, in a report of an audit under this section—
(a) may include any information he or she thinks desirable in relation to matters that are the subject of the audit; and (b) must set out the reasons for opinions expressed in the report; and (c) may include any recommendations arising out of the audit that he or she thinks fit to make. (5B) The Auditor-General must cause a copy of
the report to be transmitted to each House of
the Parliament within 7 sitting days of that
House after making the report.
(5C) An audit under this section must be
conducted in accordance with the
performance auditing standards issued for
the time being by the Australian Society of
Certified Practising Accountants and the
Institute of Chartered Accountants in
Australia.".(3) In section 16 of the Audit Act 1994 in sub-section
(6) omit "a person conducting a performance
audit or".
18. New section 16A inserted
Audit (Amendment) Act 1999
Act No. 53/1999
After section 16 of the Audit Act 1994 insert—
'16A. Report to Parliament on annual financial
statement
(1) The Auditor-General must make a report on
each financial statement prepared under
section 24 of the Financial Management
Act 1994.
(2) The report may include any information and
recommendations the Auditor-General thinks
fit—
(a) for the more effective and efficient management of public resources; and (b) for the keeping of proper accounts and records of the transactions relating to public resources. (3) The Auditor-General must not make a report
under this section unless—
(a) the Auditor-General—
(i) at least 10 days before the report is made, has given a copy of the report, or a summary of findings and proposed recommendations, to the Minister; and
(ii) for submissions or comments
has, in writing, asked the Minister least 7 days after the report is given to him or her; and
(b)
the Auditor-General has included in the report any submissions or comments received, before the report is made, from the Minister or a summary, in an agreed form, of any such submissions or comments.
Audit (Amendment) Act 1999
Act No. 53/1999 s. 19
(4) The Auditor-General must cause a copy of
transmitted to each House of the Parliament
as soon as practicable after the day on which
the financial statement to which the report
relates is laid before that House under
section 27 of the Financial Managementeach report under this section to be days after that day.
(5) If the Auditor-General does not transmit a
copy of a report under this section to a required by sub-section (4), the Auditor- General must cause a statement of the reasons for the non-compliance to be transmitted to the House as soon as practicable thereafter.
(6) In this section, "Minister" means the
Minister who caused the financial statement to be prepared.'.
19. Amendments to Part 5
In the Audit Act 1994—
(a) in section 20(2) omit ", or a person authorised by the Auditor-General,"; (b) assist the Auditor-General; or in section 20A for paragraphs (c), (d) and (e) "(c) a person engaged under section 7F to
(d)
an officer or employee of a person or firm, or a partner of a firm, engaged under section 7F to assist the Auditor- General; or
(e) a person to whom functions or powers section 7G—";
Audit (Amendment) Act 1999
| s. 20 | Act No. 53/1999 |
(c) in section 20B sub-section (1) is repealed.
20. New section 21A inserted
After the heading to Part 6 of the Audit Act 1994 insert—
'21A. Commencement day
In this Part—
"commencement day" means the day on
which section 10 of the Audit
(Amendment) Act 1999 comes intooperation.'.
21. New section 22 substituted
For section 22 of the Audit Act 1994
substitute—
"22. Auditor-GeneralSubject to section 94C of the Constitution Act 1975, the person holding office as Auditor-General under this Act immediately before the commencement of section 3 of the Audit (Amendment) Act 1999 continues to hold office as Auditor-General after that commencement, for the balance of his or her term, on the same terms and conditions as those on which he or she held office before that commencement, as if he or she had been appointed under section 94A of the Constitution Act 1975.".
22. New sections 24, 25 and 26 substituted
For sections 24, 25 and 26 of the Audit Act 1994
substitute—
'24. Audit Victoria
(1) On the commencement day—
Audit (Amendment) Act 1999
Act No. 53/1999 s. 22
(a) Audit Victoria is abolished and the members of its board of directors go out of office; (b) all rights, property and assets that, immediately before that day, were vested in Audit Victoria are, by force of this paragraph, vested in the State;
(c) Audit Victoria existing immediately
all debts, liabilities and obligations of paragraph, debts, liabilities and obligations of the State;
(d) the Auditor-General, on behalf of the State, is, by force of this paragraph, substituted as a party to any proceeding pending in any court or tribunal to which Audit Victoria was a party immediately before that day; (e) the Auditor-General, on behalf of the State, is, by force of this paragraph, substituted as a party to any arrangement or contract entered into by or on behalf of Audit Victoria as a party and in force immediately before that day; (f) any reference to Audit Victoria in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document whatever must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject-matter, be construed as a reference to the Auditor-General. (2) Any audit under this or any other Act that had been commenced but not completed by
Audit (Amendment) Act 1999
| s. 22 | Act No. 53/1999 |
Audit Victoria before the commencement purpose, the Auditor-General or person authorised has all of the powers that Audit Victoria had in respect of the audit.
day, may be completed by the Auditor-
General or a person authorised by the(3) A person is not entitled to any compensation
as a result of ceasing to be a member of the
board of directors of Audit Victoria by virtue
of this section.
25. Transfer of Audit Victoria staff
(1) On and from the commencement day, every
person who was an officer or employee of
Audit Victoria immediately before thatday—
(a) ceases to be an officer or employee of Audit Victoria; and (b) Victorian Auditor-General's Office
under Part 3 of the Public Sectoris deemed to be employed in the 1998; and
(c)
is entitled to remuneration and other terms and conditions determined by the Auditor-General to be no less favourable than those that the person received or was entitled to receive immediately before that day as such an officer or employee; and
(d)
retains any entitlement to long service leave, annual leave, sick leave or maternity leave accrued or accruing to the person immediately before that day.
Audit (Amendment) Act 1999
Act No. 53/1999 s. 22 (2) If an officer or employee referred to in
sub-section (1) was, immediately before the
commencement day, an officer within the
meaning of the State Superannuation Act
1988, they continue, subject to that Act, to
be an officer within the meaning of that Act
while employed under Part 3 of the Public
Sector Management and Employment Act1998.
(3) A person is not entitled to any compensation
as a result of the person ceasing to be an officer or employee of Audit Victoria by virtue of this section.
26. Authorised persons
(1) Any audit under this or any other Act that
had been commenced but not completed by
an authorised person before the
commencement of section 7 of the Audit
(Amendment) Act 1999 may be completed
by the authorised person and for thatpurpose—
(a)
this Act, as in force immediately before that commencement continues to apply;
(b)
in the case of an audit under the Financial Management Act 1994, that Act, as in force immediately before the commencement of section 24 of the Audit (Amendment) Act 1999 continues to apply;
(c)
in the case of an audit under any other Act, that Act, as in force immediately before the commencement of section 26
of the Audit (Amendment) Act 1999
continues to apply.
Audit (Amendment) Act 1999
| s. 22 | Act No. 53/1999 |
(2) If the appointment of an authorised person under this Act extended to a period ending after the commencement of section 7 of the Audit (Amendment) Act 1999, the person or firm so appointed is deemed to have been
engaged under section 7F to assist in the
performance of the functions of the Auditor-General until the end of that period.
(3) In this section—
"authorised person" means an authorised
person within the meaning of section 3
as in force immediately before the
commencement of section 7 of the
Audit (Amendment) Act 1999, other
than Audit Victoria.'.
_______________
Audit (Amendment) Act 1999
Act No. 53/1999 s. 23
PART 4—CONSEQUENTIAL REPEAL AND AMENDMENT
OF OTHER ACTS
23. Repeal of Audit (Amendment) Act 1997 No. 93/1997. The Audit (Amendment) Act 1997 is repealed.
24. Financial Management Act 1994
No. 18/1994. Reprint No. 3
(1) In section 25 of the Financial Management Act 1994 for paragraph (j) substitute—
as at
25 March 1999. "(j) must be audited by the Auditor-General.".
(2) At the end of section 25 of the Financial
Management Act 1994 insert—
"(2) The Minister must cause a copy of eachfinancial statement under section 24 to be given to the Auditor-General on or before 20 September next following the financial year to which the statement relates.".
(3) In the Financial Management Act 1994—
(a) section 26 is repealed;
(b) in section 27—
(i) for "annual financial statement"
substitute "audited financial
statement";(ii) omit ", together with a copy of the Auditor-General's report on that statement,";
(c)
in section 45(3) omit 'or an authorised person within the meaning of paragraph (a) of the definition of "authorised person" in section 3 of the Audit Act 1994'.
Audit (Amendment) Act 1999
| s. 25 | Act No. 53/1999 |
(4) After section 45(3) of the Financial Management Act 1994 insert—
"(3A) A public body or the relevant Minister of a
department must submit the report of
operations of the public body or department
(as the case may be) to the Auditor-General
as soon as practicable after it has been
prepared.".
(5) After section 45(4) of the Financial Management
Act 1994 insert—
"(5) This section does not apply to the Victorian
Auditor-General's Office2.".
(6) After section 46(3) of the Financial Management
Act 1994 insert—
"(4) This section does not apply to the Victorian
Auditor-General's Office3.".
(7) After section 53(2) of the Financial Management
Act 1994 insert—
"(3) This section does not apply to the Victorian
Auditor-General's Office4.".
No.
| 7727/1968. | 25. Parliamentary Committees Act 1968 |
| Reprint No. 4 | |
| as at 28 July | At the end of section 4EB of the Parliamentary |
| 1997. Further | Committees Act 1968 insert— |
| amended by | |
| Nos 93/1997 | "(2) The Public Accounts and Estimates |
| and 46/1998. | Committee also has the functions conferred on it by or under the Audit Act 1994 and Part V of the Constitution Act 1975.". |
26. Further consequential amendments
An Act specified in the heading to an item in the
Schedule is amended as set out in that item.
__________________
Audit (Amendment) Act 1999
Act No. 53/1999 Sch.
SCHEDULE
Section 26
CONSEQUENTIAL AMENDMENTS
1. Alcoholics and Drug-dependent Persons Act 1968
In section 4A(2)(f) omit "or a person authorised by the
Auditor-General".
2. Borrowing and Investment Powers Act 1987
In Schedule 1 omit item 1AAA.
3. Cancer Act 1958
In section 29(3) omit "or a person authorised by the
Auditor-General,".
4. Cinemedia Corporation Act 1997
4.1 In section 9—
(a) in sub-section (1) omit "or a person authorised by the Auditor-General"; (b) in sub-section (4)(a) omit "and each person authorised by the Auditor-General".
4.2 In section 9(5) for "each person authorised by the Auditor-
General" substitute "any person assisting the Auditor-
General".
5. Club Keno Act 1993
In section 11—
(a)
in sub-section (1) omit "or a person authorised by the Auditor-General";
(b)
in sub-section (2) omit "and each person authorised by the Auditor-General";
(c) in sub-section (3)—
(i) for "each person authorised by the Auditor- General" substitute "any person assisting the Auditor-General";
(ii) in paragraph (b) omit "or person".
Audit (Amendment) Act 1999
| Sch. | Act No. 53/1999 |
6. Co-operatives Act 1996
In section 451(4) for paragraph (d) substitute—
"(d) the Auditor-General;".
7. Co-operative Housing Societies Act 1958
In section 56(7)—
(a)
omit ", or a person authorised by the Auditor- General,";
(b)
in paragraph (a) omit "and each person authorised by the Auditor-General".
8. Dairy Industry Act 1992
In section 21—
(a)
in sub-section (7) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (10)(a) and (11) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
9. Deakin University Act 1974
In section 34A—
(a)
in sub-section (8) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (11)(a) and (12) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
10. Education Act 1958
In section 15F(1) for "each person authorised by the
Auditor-General" substitute "any person assisting theAuditor-General".
11. Financial Sector Reform (Victoria) Act 1999
In section 33(1) omit "or a person authorised by the
Auditor-General".
12. Forests Act 1958
In section 50(10)(b)—
(a) omit "or a person authorised by the Auditor-General";
Audit (Amendment) Act 1999
Act No. 53/1999 Sch.
(b)
in sub-paragraph (i) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
13. Gaming Machine Control Act 1991
In section 134—
(a)
in sub-section (1) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (2) and (3) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
14. La Trobe University Act 1964
In section 37A—
(a)
in sub-section (6) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (9)(a) and (10) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
15. Local Government Act 1989
In section 126(7) for "section 9A" substitute "section 9".
16. Melbourne University Act 1958
In section 40A—
(a)
in sub-section (6) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (9)(a) and (10) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
17. Monash University Act 1958
In section 35B—
(a)
in sub-section (8) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (11)(a) and (12) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
Audit (Amendment) Act 1999
| Sch. | Act No. 53/1999 |
18. Murray Valley Citrus Marketing Act 1989
In section 31—
(a)
in sub-section (4) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (7)(a) and (8) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
19. Pharmacists Act 1974
In section 5C—
(a)
in sub-section (2) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (3) and (4) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
20. Royal Melbourne Institute of Technology Act 1992
In section 39—
(a)
in sub-section (8) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (11)(a) and (12) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
21. Swinburne University of Technology Act 1992
In section 44—
(a)
in sub-section (8) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (11)(a) and (12) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
22. Tattersall Consultations Act 1958
In section 8D—
(a)
in sub-section (1) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (2) and (3) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
23. Taxation Administration Act 1997
Audit (Amendment) Act 1999
Act No. 53/1999 Sch. In section 92(e) for sub-paragraph (v) substitute—
"(v) the Auditor-General;".
24. University of Ballarat Act 1993
In section 37—
(a)
in sub-section (8) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (11)(a) and (12) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
25. Victoria University of Technology Act 1990
In section 42—
(a)
in sub-section (8) omit "or a person authorised by the Auditor-General";
(b)
in sub-sections (11)(a) and (12) for "each person authorised by the Auditor-General" substitute "any person assisting the Auditor-General".
26. Vocational Education and Training Act 1990
In section 10(7) omit ", or a person authorised by the
Auditor-General".
═══════════════
Audit (Amendment) Act 1999
| Notes | Act No. 53/1999 |
NOTES
†
Minister's second reading speech—
Legislative Assembly: 11 November 1999
Legislative Council: 7 December 1999
The long title for the Bill for this Act was "to provide for the appointment
of the Auditor-General under Part V of the Constitution Act 1975, to
amend the Audit Act 1994 with respect to the functions and powers of
the Auditor-General, to repeal the Audit (Amendment) Act 1997, tomake consequential amendments to other Acts and for other purposes."
Constitution Act 1975:
Absolute majorities:
Legislative Assembly: 30 November 1999
Legislative Council: 8 December 1999
1 Section 14(2): Section 3(4) of the Commercial Arbitration Act 1984
provides for the application of that Act to disputes that are referred by
another Act to arbitration under that Act.
2 Section 24(5): The requirements for the report of operations and financial
statements of the Victorian Auditor-General's Office are contained in
section 7B of the Audit Act 1994.
3 Section 24(6): See note 2.
4 Section 24(7): See note 2.
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