Public Accounts Committee Amendment Act 1983
No. 111 of 1983
An Act to amend the Public Accounts Committee Act 1951
[Assented to 8 December 1983]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Public Accounts Committee Amendment Act 1983.
(2) The Public Accounts Committee Act 19511 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Joint Committee of Public Accounts
3. Section 5 of the Principal Act is amended—
(a) by omitting from sub-section (1) “ten” and substituting “15”;
(b) by omitting from sub-section (2) “Three” and substituting “Five”; and
(c) by omitting from sub-section (2) “seven” and substituting “10”.
Quorum and voting
4. Section 7 of the Principal Act is amended by omitting from sub-section (1) “4” and substituting “6”.
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NOTE
1. No. 60, 1951, as amended. For previous amendments, see No. 79, 1965; No. 93, 1966; No. 216, 1973 (as amended by No. 20, 1974); No. 70, 1976; No. 36, 1978; No. 187, 1979; and No. 80, 1982.
Overview
The Public Accounts Committee Amendment Act 1983 (No. 111 of 1983) was enacted to address the need for adjustments in the composition and operational dynamics of the Public Accounts Committee, as originally established under the Public Accounts Committee Act 1951. This Act was passed by the Queen, with the assent of both the Senate and the House of Representatives of the Commonwealth of Australia, on 8 December 1983, and it came into operation on the same day. The primary amendments to the Principal Act included an increase in the number of members of the Committee from ten to fifteen, and adjustments to the quorum and voting requirements to better reflect the new committee size. These changes were intended to enhance the efficiency and effectiveness of the Committee's operations in scrutinising public accounts and related matters.
Scope and Application
The Public Accounts Committee Amendment Act 1983 amends the Public Accounts Committee Act 1951 to modify the composition, quorum, and voting provisions of the Joint Committee of Public Accounts. The Act applies to the Joint Committee of Public Accounts, a statutory body responsible for examining and reporting on the Australian government's accounts and the conduct of specified public officers and authorities. The amendments increase the maximum number of members from ten to fifteen, the number of members required for a quorum from three to five, and the number of members required for a majority vote from seven to ten, and the minimum number of members required to constitute a meeting from four to six. The Act applies at the Commonwealth level and extends to any territories under the legislative power of the Parliament. The Act does not provide for any exclusions, exemptions, or thresholds, nor does it extend or restrict application through subordinate instruments. The amendments are intended to provide greater representation and ensure more robust and effective functioning of the Joint Committee of Public Accounts.
Key Provisions
The Public Accounts Committee Amendment Act 1983 makes specific changes to the Public Accounts Committee Act 1951. Most notably, Section 3 of the Act amends Section 5 of the Principal Act by increasing the number of members of the Joint Committee of Public Accounts from ten to fifteen (Section 3(a)). It also raises the number of members required to form a quorum from three to five, and increases the number of votes required to carry a resolution from seven to ten (Section 3(b) and (c)). Furthermore, Section 4 of the Act amends Section 7 of the Principal Act, increasing the number of members required to form a quorum from four to six (Section 4).
The Act imposes certain obligations and requirements on the Joint Committee of Public Accounts. The changes to the membership and quorum requirements necessitate that a greater number of members must be present to form a valid meeting of the Committee. Additionally, the increased voting threshold means that more members must agree for a resolution to be carried. These provisions ensure that decisions made by the Committee are more broadly supported and reflect a consensus among its members.
Failure to adhere to the provisions of the Act may result in consequences. While the Act does not explicitly outline specific offences or penalties, it is implicit that non-compliance with the quorum and voting requirements could render decisions made by the Committee invalid. In practical terms, this could lead to delays or the need to reconvene meetings, which might in turn affect the efficiency and effectiveness of the Committee's oversight functions. Moreover, if the Committee's decisions are deemed invalid due to non-compliance, this could have broader implications for the accountability and transparency of public financial management.