EXPLANATORY STATEMENT
AUSTRALIAN CAPITAL TERRITORY
AUDIT ACT 1901
AUDIT REGULATIONS (AMENDMENT)
REGULATIONS 1987 NO. 150
Division 2 of Part XI of the Act provides for the setting up and auditing of accounts of certain statutory authorities of the Commonwealth. Sub-section 63C(2) of the Act provides that regulations made under the Act may declare a body corporate established under an Ordinance of the Australian Capital Territory for a public purpose to be a body to which Division 2 of Part XI applies subject to such modifications of those provisions as are made in the regulations.
The Audit Regulations (Amendment) applies Division 2 of Part XI of the Act to the Australian Capital Territory Gaming and Liquor Authority (“the Authority”) established under the Australian Capital Territory. Gaming and Liquor Authority Ordinance 1987, and modifies certain of the provisions of the Act in its application to the Authority.
Details of the Audit Regulations (Amendment) are set out in the Attachment.
ATTACHMENT
AUDIT REGULATIONS (AMENDMENT)
Regulation 1 fixes the date for commencement of the Regulations as 30 June 1987.
Paragraph 2(a) amends Schedule 1 to the Audit Regulations by including the Australian Capital Territory Gaming and Liquor Authority (“the Authority”) as a body to which Division 2 of Part XI of the Act applies.
Paragraph 2(b) inserts a new Part 1AA into Schedule 1 to the Audit Regulations to modify Division 2 of the Part XI of the Act in its application to the Authority as follows:
a) Clause 1 modifies sub-section 63D(1) of the Act by providing that the Authority is to maintain such accounts as are necessary to comply with the section, rather than just one account;
b) Clause 2 provides that sub-section 63D(2) is to be read subject to the rest of the section;
c) Clause 3 inserts after sub-section 63D(2), new sub-sections 63D(2A) and 63D(2B). New sub-section 63D(2A) specifies that the Authority is to keep separate accounts for the following:
i) moneys received by it in the performance of its totalizator betting, lottery and pool betting functions;
ii) moneys received by it in the performance of its gaming machine functions;
iii) moneys paid to the Authority to purchase gaming machines for licences; and
iv) moneys paid to the Authority to be paid to the Community Development Fund.
New sub-section 63D(2B) provides that any moneys mentioned in (i) above that are reasonably required by the Authority as cash on hand for the performance of those functions do not have to be paid into the account.
d) Clause 4 modifies sub-section 63D(3) by inserting definitions of “Gaming and Liquor Authority Ordinance” and “Gaming Machine Ordinance”;
e) Clause 5 amends sub-section 63H(1) by providing that an annual report is to be prepared as soon as practicable after each relevant date, and not after 30 June in each year;
f) Clause 6 inserts a new sub-section 63H(1A) which provides that an annual report prepared by the Authority is to include details of any directions given to the Authority by the appropriate Minister under the Australian Capital Territory Gaming and Liquor Authority Ordinance 198/7
g) Clause 7 inserts a new sub-section 63H(4) to define “a relevant date” as being 31 July 1987 and 30 June in each year subsequent to 1987.