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This is a Bill, not an Act. For current law, see the Acts databases.


FINANCIAL ACCOUNTABILITY BILL 2008

          Queensland



Financial Accountability
Bill 2008

 


 

 

Queensland Financial Accountability Bill 2008 Contents Page Part 1 Introduction Division 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Property in public moneys and public property . . . . . . . . . . . . . . 14 Division 2 Interpretation 4 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 Interpretation of words used in appropriation Act. . . . . . . . . . . . . 15 6 Meaning of terms relating to annual appropriation Act. . . . . . . . . 15 7 Meaning of administered receipt and controlled receipt. . . . . . . . 16 8 Meaning of department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 9 Meaning of statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Part 2 Provisions applying to Ministers Division 1 Objectives of government 10 Community objectives of government . . . . . . . . . . . . . . . . . . . . . 20 11 Fiscal objectives of government . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2 Ministerial offices expenses 12 Report of ministerial offices expenses . . . . . . . . . . . . . . . . . . . . . 21 13 Tabling of half year report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 Audit of full year report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 15 Tabling of full year report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 3 Consolidated fund and Treasurer's responsibilities Division 1 The consolidated fund 16 Consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17 Accounts for consolidated fund . . . . . . . . . . . . . . . . . . . . . . . . . . 22 18 Treasurer's consolidated fund bank account . . . . . . . . . . . . . . . . 23 19 Overdrawn accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

 


 

Financial Accountability Bill 2008 Contents 20 Entries in Treasurer's consolidated fund operating account . . . . . 24 21 Write-off of losses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 2 Consolidated fund reporting 22 Quarterly statement by Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . 25 23 Consolidated fund financial report . . . . . . . . . . . . . . . . . . . . . . . . 26 24 Timing for giving consolidated fund financial report to auditor-general ................................ 27 25 Consolidated whole-of-government financial statements . . . . . . . 28 26 Information for preparing consolidated whole-of-government financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 3 Appropriations 27 Annual appropriation Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 28 Appropriation of particular controlled receipts . . . . . . . . . . . . . . . 30 29 Availability of appropriated amount for payment to departments . 31 30 Payment of equity withdrawal under annual appropriation Act. . . 31 31 Supply before ordinary annual appropriation Act for financial year ................................ 32 32 Supply before parliamentary annual appropriation Act for financial year ...................................... 32 33 Varying the amounts of department's headings . . . . . . . . . . . . . . 33 34 When part of vote for treasury department may be applied for headings of another department . . . . . . . . . . . . . . . . . . . . . . . . . 34 35 Unforeseen expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 36 Entries in Treasurer's consolidated fund operating account for unforeseen expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 37 Entries by Treasurer on repayment of incorrectly paid amounts . 35 Division 4 Approvals by Treasurer 38 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 39 Exercise of power by department or statutory body . . . . . . . . . . . 36 40 Treasurer's general approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 41 Application for Treasurer's specific approval. . . . . . . . . . . . . . . . . 37 42 Requirement to give documents or information . . . . . . . . . . . . . . 38 43 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 44 Amendment or repeal of Treasurer's specific approval. . . . . . . . . 38 45 Register of specific approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 46 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 39 47 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Page 2

 


 

Financial Accountability Bill 2008 Contents Division 5 Delegation by Treasurer 48 Delegation by Treasurer of particular powers . . . . . . . . . . . . . . . . 40 Division 6 Investment by Treasurer 49 Treasury offset account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 50 Use of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 51 Dealing with moneys earned on investment. . . . . . . . . . . . . . . . . 43 52 Appropriation for investment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 53 Corporation sole of The Treasurer of Queensland . . . . . . . . . . . . 44 54 Limitations on investment powers . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 7 Borrowings 55 Borrowings by the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 56 Liability of department for borrowing fee . . . . . . . . . . . . . . . . . . . 45 Division 8 Standards about financial and performance management 57 Financial and performance management standards . . . . . . . . . . 46 58 Requirements before making a financial and performance management standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 59 Exemption from complying with financial and performance management standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Part 4 Provisions applying to departments and statutory bodies 60 Application of ss 61-63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 61 Functions of accountable officers and statutory bodies . . . . . . . . 48 62 Annual financial statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 63 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 64 Investments gifted or bequeathed to departments or statutory bodies ........................................... 50 Part 5 Provisions applying only to departments Division 1 Accountable officers 65 Accountable officers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 66 Legislative Assembly and parliamentary service . . . . . . . . . . . . . 52 67 Office of the Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 2 Accountable officer responsibilities 68 Departmental budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 69 Departmental accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 70 Payment of tax equivalents and dividends . . . . . . . . . . . . . . . . . . 53 71 Borrowings by accountable officers . . . . . . . . . . . . . . . . . . . . . . . 54 72 Losses and special payments . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 73 Recovery of moneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Page 3

 


 

Financial Accountability Bill 2008 Contents 74 Recovery of value of property . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 75 Right to recover not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 3 Delegations 76 Delegations by accountable officers. . . . . . . . . . . . . . . . . . . . . . . 57 77 Chief finance officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 78 Head of internal audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Division 4 Machinery of government changes 79 Availability of appropriation after redistribution of public business 60 80 Financial reporting--when redistribution of public business of department takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 5 Accounts with financial institutions 81 Moneys to be kept at financial institutions . . . . . . . . . . . . . . . . . . 62 82 Financial institution accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 83 Departmental banking arrangements . . . . . . . . . . . . . . . . . . . . . . 62 84 Overdrafts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Division 6 Derivative transactions 85 When departments may enter into derivative transactions. . . . . . 63 86 Requirement to report to appropriate Minister about derivative transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 7 Miscellaneous 87 When department may invest or otherwise lend an amount . . . . 64 88 Treasurer's approval to form, or become a member of, a company ...................................... 65 Part 6 Other provisions 89 Comments or cost estimates during election period . . . . . . . . . . 66 90 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Part 7 Repeal and transitional provisions Division 1 Repeal 91 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 2 Transitional provisions 92 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 93 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 94 References to Treasury investment suspense account and financial institution account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 95 Exemptions from complying with financial management standards ...................................... 68 96 Continuing funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Page 4

 


 

Financial Accountability Bill 2008 Contents 97 Treasurer's unclaimed moneys fund . . . . . . . . . . . . . . . . . . . . . . . 68 Part 8 Amendment of Government Owned Corporations Act 1993 Division 1 Preliminary 98 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Division 2 Amendments other than amendments of schedule 4 99 Amendment of s 93 (Appointment of chief executive officer--particular subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . 69 100 Replacement of s 118 (Application of Financial Administration and Audit Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 118 Application of Financial Accountability Act 2008 . . . . 70 101 Amendment of s 132 (GOC's financial statements must state dividend payable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 102 Replacement of s 155 (Application of chapter to certain GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 155 Application of chapter to certain GOC subsidiaries . . 71 103 Omission of sch 3 (Application of FA & A Act to GOCs and prescribed GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 3 Amendments of schedule 4 104 Amendment of sch 4, hdg (Application of chapter 3 of Act to GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 105 Amendment of sch 4, s 1 (Purpose). . . . . . . . . . . . . . . . . . . . . . . 72 106 Amendment of sch 4, s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . 72 107 Amendment of sch 4, s 3 (Application of ch 3 of the Act to GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 108 Amendment of sch 4, pt 2, hdg (Provisions of chapter 3 of Act as applied to GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 109 Replacement of sch 4, pt 2, ch 3, hdg (GOC subsidiaries) . . . . . 72 110 Amendment of sch 4, s 75 (GOC subsidiary must be proprietary company limited by shares) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 111 Amendment of sch 4, s 76 (Application of Corporations Act to GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 112 Amendment of sch 4, s 77 (GOC subsidiary not exempt public authority) ........................................ 73 113 Amendment of sch 4, s 78 (Shareholders of a GOC subsidiary) . 74 114 Amendment of sch 4, s 83 (Shareholding GOCs not directors) . . 74 115 Amendment of sch 4, s 84 (Resolutions without meetings) . . . . . 74 116 Amendment of sch 4, s 88 (Role of board). . . . . . . . . . . . . . . . . . 74 117 Amendment of sch 4, s 89 (Composition of board) . . . . . . . . . . . 74 118 Amendment of sch 4, s 90 (Public service officers not eligible for appointment as directors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Page 5

 


 

Financial Accountability Bill 2008 Contents 119 Amendment of sch 4, s 92 (Appointment of chief executive officer) ....................................... 75 120 Amendment of sch 4, s 114 (Exercise of reserve power of shareholding Ministers to notify GOC's board of public sector policies) ......................................... 75 121 Amendment of sch 4, s 115 (Exercise of reserve power of shareholding Ministers to give directions in public interest) . . . . . 75 122 Amendment of sch 4, s 116 (Direction given following notice of suspected insolvency) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 123 Amendment of sch 4, s 117 (Subsidiary and board not otherwise subject to government direction) . . . . . . . . . . . . . . . . . 76 124 Replacement of sch 4, s 118, hdg (Application of Financial Administration and Audit Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 125 Amendment of sch 4, s 120 (Matters to be included in annual report) .......................................... 76 126 Amendment of sch 4, s 121 (Deletion of commercially sensitive matters from annual report etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . 76 127 Amendment of sch 4, s 122 (Board to keep shareholding Ministers informed). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 128 Amendment of sch 4, s 125 (Notice of suspected insolvency otherwise than because of direction or notification) . . . . . . . . . . . 77 129 Amendment of sch 4, s 126 (General powers of GOC subsidiaries) .................................... 77 130 Amendment of sch 4, s 127 (Doctrine of ultra vires etc. not revived) ........................................ 78 131 Amendment of sch 4, s 138 (Reserve power of shareholding Ministers to direct that asset not be disposed of) . . . . . . . . . . . . . 78 132 Amendment of sch 4, s 154 (Relationship of GOC subsidiaries with the State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 133 Amendment of sch 4, s 155 (Application of chapter to certain GOC subsidiaries) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 134 Amendment of sch 4, s 156 (Application of Crime and Misconduct Act) .................................. 79 135 Amendment of sch 4, s 157 (Application of Ombudsman Act 2001) ...................................... 79 Part 9 Amendment of other Acts 136 Acts amended in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Schedule 1 Consequential and minor amendments of other Acts . . . . . . 80 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . 80 Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Page 6

 


 

Financial Accountability Bill 2008 Contents Agricultural College Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Ambulance Service Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Anti-Discrimination Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Anzac Day Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Appeal Costs Fund Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Architects Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Bills of Sale and Other Instruments Act 1955. . . . . . . . . . . . . . . . 83 Brisbane Forest Park Act 1977. . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Building and Construction Industry (Portable Long Service Leave) Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Casino Control Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Central Queensland University Act 1998 . . . . . . . . . . . . . . . . . . . 86 Chiropractors Registration Act 2001. . . . . . . . . . . . . . . . . . . . . . . 86 City of Brisbane Act 1924. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Commercial and Consumer Tribunal Act 2003 . . . . . . . . . . . . . . . 87 Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Community Ambulance Cover Act 2003. . . . . . . . . . . . . . . . . . . . 87 Constitution of Queensland 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 88 Consumer Credit (Queensland) Act 1994 . . . . . . . . . . . . . . . . . . 88 Contract Cleaning Industry (Portable Long Service Leave) Act 2005 ....................................... 89 Court Funds Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Crime and Misconduct Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 89 Currumbin Bird Sanctuary Act 1976. . . . . . . . . . . . . . . . . . . . . . . 90 Dental Technicians and Dental Prosthetists Registration Act 2001 ...................................... 90 Director of Public Prosecutions Act 1984 . . . . . . . . . . . . . . . . . . . 90 Education (Accreditation of Non-State Schools) Act 2001 . . . . . . 91 Education (General Provisions) Act 2001. . . . . . . . . . . . . . . . . . . 91 Education (Queensland College of Teachers) Act 2005. . . . . . . . 92 Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 92 Electoral Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Family Responsibilities Commission Act 2008 . . . . . . . . . . . . . . . 93 Family Services Act 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 94 Page 7

 


 

Financial Accountability Bill 2008 Contents First Home Owner Grant Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . 95 Fisheries Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Food Production (Safety) Act 2000 . . . . . . . . . . . . . . . . . . . . . . . 96 Forestry Plantations Queensland Act 2006 . . . . . . . . . . . . . . . . . 96 Freedom of Information Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 97 Funeral Benefit Business Act 1982 . . . . . . . . . . . . . . . . . . . . . . . 98 Future Growth Fund Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Gaming Machine Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Gene Technology Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Grammar Schools Act 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Griffith University Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Guardianship and Administration Act 2000 . . . . . . . . . . . . . . . . . 100 Health Practitioner Registration Boards (Administration) Act 1999 ...................................... 101 Health Practitioners (Professional Standards) Act 1999 . . . . . . . 101 Health Quality and Complaints Commission Act 2006. . . . . . . . . 101 Health Services Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Hospitals Foundation Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Housing Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Iconic Queensland Places Act 2008. . . . . . . . . . . . . . . . . . . . . . . 103 Industrial Development Act 1963 . . . . . . . . . . . . . . . . . . . . . . . . . 104 Industrial Relations Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Interactive Gambling (Player Protection) Act 1998. . . . . . . . . . . . 105 James Cook University Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . 105 Keno Act 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Land and Resources Tribunal Act 1999 . . . . . . . . . . . . . . . . . . . . 106 Land Protection (Pest and Stock Route Management) Act 2002 . 106 Legacy Trust Fund Act 2001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Legal Aid Queensland Act 1997. . . . . . . . . . . . . . . . . . . . . . . . . . 107 Legal Profession Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Libraries Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Liens on Crops of Sugar Cane Act 1931 . . . . . . . . . . . . . . . . . . . 109 Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Lotteries Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Major Sports Facilities Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Page 8

 


 

Financial Accountability Bill 2008 Contents Maritime Safety Queensland Act 2002 . . . . . . . . . . . . . . . . . . . . . 112 Medical Board (Administration) Act 2006 . . . . . . . . . . . . . . . . . . . 112 Medical Practitioners Registration Act 2001. . . . . . . . . . . . . . . . . 113 Medical Radiation Technologists Registration Act 2001. . . . . . . . 113 Metropolitan Water Supply and Sewerage Act 1909 . . . . . . . . . . 113 Mineral Resources Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Motor Accident Insurance Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 114 Motor Vehicles and Boats Securities Act 1986. . . . . . . . . . . . . . . 114 Mt. Gravatt Showgrounds Act 1988 . . . . . . . . . . . . . . . . . . . . . . . 115 National Environment Protection Council (Queensland) Act 1994 115 National Trust of Queensland Act 1963 . . . . . . . . . . . . . . . . . . . . 115 Nursing Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Occupational Therapists Registration Act 2001 . . . . . . . . . . . . . . 116 Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Optometrists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . 117 Osteopaths Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . 117 Parliament of Queensland Act 2001. . . . . . . . . . . . . . . . . . . . . . . 118 Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 118 Pharmacists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . 119 Physiotherapists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . 119 Podiatrists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 120 Private Health Facilities Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . 120 Professional Engineers Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . 120 Professional Standards Act 2004 . . . . . . . . . . . . . . . . . . . . . . . . . 121 Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Psychologists Registration Act 2001 . . . . . . . . . . . . . . . . . . . . . . 121 Public Health Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Public Trustee Act 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Queensland Art Gallery Act 1987. . . . . . . . . . . . . . . . . . . . . . . . . 123 Queensland Building Services Authority Act 1991 . . . . . . . . . . . . 124 Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . 125 Queensland Institute of Medical Research Act 1945 . . . . . . . . . . 125 Queensland Museum Act 1970 . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Queensland Performing Arts Trust Act 1977 . . . . . . . . . . . . . . . . 126 Queensland Theatre Company Act 1970 . . . . . . . . . . . . . . . . . . . 127 Page 9

 


 

Financial Accountability Bill 2008 Contents Queensland University of Technology Act 1998 . . . . . . . . . . . . . . 127 Racing Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Racing Venues Development Act 1982 . . . . . . . . . . . . . . . . . . . . 128 Recreation Areas Management Act 2006 . . . . . . . . . . . . . . . . . . 128 Residential Tenancies Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . 129 River Improvement Trust Act 1940 . . . . . . . . . . . . . . . . . . . . . . . . 130 Rural and Regional Adjustment Act 1994 . . . . . . . . . . . . . . . . . . 130 Solicitor-General Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 South Bank Corporation Act 1989 . . . . . . . . . . . . . . . . . . . . . . . . 131 South East Queensland Water (Restructuring) Act 2007 . . . . . . . 132 Speech Pathologists Registration Act 2001 . . . . . . . . . . . . . . . . . 133 State Development and Public Works Organisation Act 1971 . . . 134 State Financial Institutions and Metway Merger Facilitation Act 1996 ........................................ 134 Statutory Bodies Financial Arrangements Act 1982. . . . . . . . . . . 134 Sugar Industry Act 1999. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Superannuation (State Public Sector) Act 1990 . . . . . . . . . . . . . . 135 Supreme Court of Queensland Act 1991 . . . . . . . . . . . . . . . . . . . 136 Surveyors Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Taxation Administration Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 136 Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 137 Tourism Queensland Act 1979 . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Townsville Breakwater Entertainment Centre Act 1991 . . . . . . . . 138 Transport Infrastructure Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . 138 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 138 Transport Operations (Translink Transit Authority) Act 2008 . . . . 139 Transport Planning and Coordination Act 1994 . . . . . . . . . . . . . . 139 University of Queensland Act 1998 . . . . . . . . . . . . . . . . . . . . . . . 140 University of Southern Queensland Act 1998 . . . . . . . . . . . . . . . 140 University of the Sunshine Coast Act 1998 . . . . . . . . . . . . . . . . . 140 Urban Land Development Authority Act 2007 . . . . . . . . . . . . . . . 141 Veterinary Surgeons Act 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 Vocational Education, Training and Employment Act 2000 . . . . . 141 Wagering Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Water Supply (Safety and Reliability) Act 2008 . . . . . . . . . . . . . . 143 Page 10

 


 

Financial Accountability Bill 2008 Contents Whistleblowers Protection Act 1994 . . . . . . . . . . . . . . . . . . . . . . . 144 Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 144 Schedule 2 Continuing funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Page 11

 


 

 

2008 A Bill for An Act to provide for accountability in the administration of the State's finances, to provide for financial administration of departments and statutory bodies, to repeal the Financial Administration and Audit Act 1977, to amend the Government Owned Corporations Act 1993 for particular purposes and to make consequential or minor amendments to other Acts as stated in schedule 1

 


 

Financial Accountability Bill 2008 Part 1 Introduction [s 1] The Parliament of Queensland enacts-- 1 Part 1 Introduction 2 Division 1 Preliminary 3 1 Short title 4 This Act may be cited as the Financial Accountability Act 5 2008. 6 2 Commencement 7 (1) Sections 77 and 78 commence on 1 July 2009. 8 (2) The remaining provisions of this Act commence on a date to 9 be fixed by proclamation. 10 3 Property in public moneys and public property 11 All public moneys and public property are the property of the 12 State. 13 Division 2 Interpretation 14 4 Definitions 15 The dictionary in schedule 3 defines particular words used in 16 this Act. 17 Page 14

 


 

Financial Accountability Bill 2008 Part 1 Introduction [s 5] 5 Interpretation of words used in appropriation Act 1 Words used in an appropriation Act that are defined in this 2 Act have the same meaning the words have in this Act, subject 3 to a contrary intention in the appropriation Act. 4 6 Meaning of terms relating to annual appropriation Act 5 (1) An annual appropriation Act is-- 6 (a) an ordinary annual appropriation Act; or 7 (b) a parliamentary annual appropriation Act. 8 (2) An ordinary annual appropriation Act is an Act that, for 9 departments other than the Legislative Assembly and 10 parliamentary service-- 11 (a) authorises the Treasurer to pay from the consolidated 12 fund an amount for the departments for a financial year; 13 and 14 (b) appropriates for the financial year an amount to be 15 applied to the departmental services, administered items 16 and equity adjustment of each department. 17 (3) A parliamentary annual appropriation Act is an Act that, for 18 the Legislative Assembly and parliamentary service-- 19 (a) authorises the Treasurer to pay from the consolidated 20 fund an amount for the Legislative Assembly and 21 parliamentary service for the financial year; and 22 (b) appropriates for the financial year an amount to be 23 applied to the departmental services, administered items 24 and equity adjustment of the Legislative Assembly and 25 parliamentary service. 26 (4) The annual appropriation Acts for a financial year are both-- 27 (a) the ordinary annual appropriation Act for the financial 28 year; and 29 (b) the parliamentary annual appropriation Act for the 30 financial year. 31 Page 15

 


 

Financial Accountability Bill 2008 Part 1 Introduction [s 7] 7 Meaning of administered receipt and controlled receipt 1 (1) An administered receipt is an amount of public moneys 2 received by a department that is not a controlled receipt. 3 (2) A controlled receipt is each of the following amounts of 4 public moneys received by a department-- 5 (a) a fee or charge fixed by the accountable officer of the 6 department under this or another Act for goods or 7 services supplied by the department; 8 (b) financial assistance for recurrent expenses granted to the 9 State under section 96 of the Commonwealth 10 Constitution if the grant is subject to conditions the 11 department is responsible for complying with; 12 (c) a bequest, contribution, donation, gift or grant to the 13 department; 14 (d) the proceeds of the disposal of an asset, or the rent under 15 a lease of an asset, if under the prescribed requirements 16 the proceeds must be recorded in the department's 17 balance sheet; 18 (e) an amount that, under another Act, must be paid into a 19 fund mentioned in this Act if-- 20 (i) the accounts for the fund are part of the 21 departmental accounts of the department; and 22 (ii) under the prescribed requirements, the amount 23 must be recorded in the department's balance 24 sheet; 25 (f) an amount paid into the department's departmental 26 financial institution accounts-- 27 (i) under section 51(2) as interest; or 28 (ii) under section 51(5) as moneys received from an 29 investment; 30 (g) an amount received by the department as reimbursement 31 for the cost of supplying goods or services; 32 Page 16

 


 

Financial Accountability Bill 2008 Part 1 Introduction [s 8] (h) an amount received by the department if, under the 1 prescribed requirements, the amount must be recorded 2 in the department's balance sheet as a liability; 3 (i) an amount paid to the department by the Treasurer-- 4 (i) under an annual appropriation Act to be applied to 5 a departmental service or equity adjustment of the 6 department; or 7 (ii) under a statement under section 31 to be applied to 8 a departmental service of the department or an 9 equity injection to the department; or 10 (iii) under an authority under section 35 for unforeseen 11 expenditure in relation to a departmental service or 12 equity adjustment of the department. 13 Note-- 14 A balance sheet of a department may be referred to as a 15 statement of financial position of the department. 16 (3) Subsections (1) and (2) are subject to an annual appropriation 17 Act for a financial year that prescribes an amount of public 18 moneys received by a department for the financial year as-- 19 (a) an administered receipt for the year; or 20 (b) a controlled receipt for the year. 21 (4) In this section-- 22 recurrent expenses means all expenses, other than expenses 23 for capital works or redeeming loans. 24 rent under a lease includes income under a lease. 25 8 Meaning of department 26 (1) Each of the following is a department-- 27 (a) a department of government under the Public Service 28 Act 2008, section 14; 29 (b) an entity for which an accountable officer is appointed 30 under section 65(2); 31 Page 17

 


 

Financial Accountability Bill 2008 Part 1 Introduction [s 8] (c) an entity for which an accountable officer is prescribed 1 under section 65(3); 2 (d) the Office of the Governor; 3 (e) the Legislative Assembly and parliamentary service. 4 (2) However, a department is-- 5 (a) for an ordinary annual appropriation Act--a department 6 mentioned in subsection (1)(a), (b), (c) or (d); or 7 (b) for a parliamentary annual appropriation Act--the 8 department mentioned in subsection (1)(e). 9 (3) Subject to subsection (4), an entity is part of a department if-- 10 (a) the entity-- 11 (i) represents the State; or 12 (ii) is established under an Act; or 13 (iii) is established for a purpose connected with the 14 government of the State; and 15 (b) the entity's expenditure is payable, wholly or partly, out 16 of-- 17 (i) amounts paid to the department from the 18 consolidated fund; or 19 (ii) the controlled receipts of the department. 20 (4) For this Act, an entity mentioned in subsection (1)(b) is taken 21 not to be part of a department mentioned in subsection (1)(a) 22 even if the entity is taken to be part of the department for other 23 purposes. 24 (5) Expenditure is not taken to be payable as mentioned in 25 subsection (3)(b)(i) merely because a payment in the nature of 26 an endowment, grant in aid or subsidy may be made to the 27 entity from amounts paid to a department from the 28 consolidated fund. 29 (6) In this section-- 30 entity does not include a corporation registered under the 31 Corporations Act. 32 Page 18

 


 

Financial Accountability Bill 2008 Part 1 Introduction [s 9] 9 Meaning of statutory body 1 (1) A statutory body is an entity that-- 2 (a) is established under an Act; and 3 (b) has control of funds; and 4 (c) includes, or whose governing body includes, at least 1 5 member-- 6 (i) who is appointed under an Act by the Governor in 7 Council or a Minister; or 8 (ii) whose appointment is approved by the Governor in 9 Council or a Minister. 10 (2) However, an entity is not a statutory body for this Act if it 11 is-- 12 (a) a department; or 13 (b) a part of a department as mentioned in section 8(3); or 14 (c) a local government; or 15 (d) an entity prescribed under another Act not to be a 16 statutory body for this Act. 17 (3) If an Act that establishes an entity states that the entity is a 18 statutory body for this Act, the entity-- 19 (a) is a statutory body for this Act; and 20 (b) is not part of a department for this Act despite section 21 8(3). 22 Page 19

 


 

Financial Accountability Bill 2008 Part 2 Provisions applying to Ministers [s 10] Part 2 Provisions applying to 1 Ministers 2 Division 1 Objectives of government 3 10 Community objectives of government 4 (1) From time to time, the Premier must prepare and table in the 5 Legislative Assembly a statement of the State government's 6 broad objectives for the community. 7 (2) The statement must include details of arrangements for 8 regular reporting to the community about the outcomes the 9 government has achieved against its objectives for the 10 community. 11 (3) The Premier must prepare and table the first statement of 12 broad objectives within 90 days after the commencement of 13 this section. 14 11 Fiscal objectives of government 15 (1) From time to time, the Treasurer must prepare and table in the 16 Legislative Assembly a charter of fiscal responsibility giving 17 details of the government's fiscal objectives. 18 (2) The charter must include details of the fiscal principles that 19 support the government's fiscal objectives. 20 (3) The Treasurer must report regularly to the Legislative 21 Assembly on the outcomes the government has achieved 22 against the objectives stated in the charter. 23 (4) The Treasurer must prepare and table the first charter of fiscal 24 responsibility within 90 days after the commencement of this 25 section. 26 Page 20

 


 

Financial Accountability Bill 2008 Part 2 Provisions applying to Ministers [s 12] Division 2 Ministerial offices expenses 1 12 Report of ministerial offices expenses 2 (1) The chief executive of the department in which the 3 Auditor-General Act 2008 is administered must prepare-- 4 (a) a report of expenditure for ministerial offices for the first 5 6 months of each financial year (a half year report); and 6 (b) a report of expenditure for ministerial offices for each 7 financial year (a full year report). 8 (2) The chief executive mentioned in subsection (1) must sign 9 each report and certify on it that it is an accurate report of 10 expenditure for ministerial offices for the period of the report. 11 (3) The chief executive mentioned in subsection (1) must give the 12 Premier-- 13 (a) the half year report for a financial year by 15 February 14 of the financial year; and 15 (b) the full year report for a financial year by 15 August of 16 the next financial year. 17 13 Tabling of half year report 18 The Premier must table each half year report in the Legislative 19 Assembly within 5 sitting days after the Premier receives it. 20 14 Audit of full year report 21 (1) The Premier must, as soon as practicable after receiving a full 22 year report, give it to the auditor-general for a report (the 23 auditor-general's report). 24 (2) The auditor-general must give the auditor-general's report to 25 the Premier by the date agreed between the Premier and the 26 auditor-general. 27 (3) The date agreed must allow the Premier to comply with 28 section 15. 29 Page 21

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 15] 15 Tabling of full year report 1 The Premier must table the auditor-general's report and the 2 full year report in the Legislative Assembly by 31 August of 3 the next financial year mentioned in section 12(3)(b). 4 Part 3 Consolidated fund and 5 Treasurer's responsibilities 6 Division 1 The consolidated fund 7 16 Consolidated fund 8 The consolidated fund established under the Financial 9 Administration and Audit Act 1977 is continued in existence 10 under this Act. 11 17 Accounts for consolidated fund 12 (1) The Treasurer must keep ledger accounts for the consolidated 13 fund (the consolidated fund account) consisting of-- 14 (a) the Treasurer's consolidated fund operating account; 15 and 16 (b) the Treasurer's consolidated fund investment account. 17 (2) All moneys received by the Treasurer from accountable 18 officers must be recorded as received in the Treasurer's 19 consolidated fund operating account, including the 20 following-- 21 (a) all administered receipts; 22 (b) all moneys received as repayment of advances or loans, 23 or payment of interest on advances or loans, from the 24 consolidated fund; 25 Page 22

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 18] (c) all moneys required under this Act, or another Act or 1 law, to be paid into the consolidated fund; 2 (d) amounts paid by departments as equity withdrawals. 3 (3) Only the following may be charged to the Treasurer's 4 consolidated fund operating account-- 5 (a) moneys for expenditures authorised to be made by the 6 Treasurer under-- 7 (i) this Act; or 8 (ii) an appropriation Act; or 9 (iii) an Act that appropriates public moneys, other than 10 an appropriation Act; 11 (b) refunds of moneys incorrectly recorded in the 12 consolidated fund account. 13 18 Treasurer's consolidated fund bank account 14 (1) The Treasurer must keep at a bank an account for the 15 consolidated fund (the Treasurer's consolidated fund bank 16 account). 17 (2) All public moneys received by the Treasurer must be paid 18 daily to the credit of the Treasurer's consolidated fund bank 19 account. 20 (3) Moneys may be withdrawn from the Treasurer's consolidated 21 fund bank account only for-- 22 (a) recouping or advancing moneys to a departmental 23 financial institution account under-- 24 (i) an appropriation Act; or 25 (ii) another Act that appropriates the amount involved; 26 or 27 (iii) an approval for unforeseen expenditure; or 28 (b) paying an amount to a department under section 34; or 29 (c) making an investment under section 50; or 30 Page 23

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 19] (d) refunding moneys incorrectly paid into the bank 1 account. 2 (4) The Treasurer has power to do all things necessary or 3 convenient to be done for keeping the Treasurer's 4 consolidated fund bank account. 5 19 Overdrawn accounts 6 (1) This section applies if-- 7 (a) the net credit balance of the Treasurer's consolidated 8 fund bank account and all the departmental financial 9 institution accounts is overdrawn unintentionally; and 10 (b) the overdrawing is rectified as soon as is practicable. 11 (2) The overdrawing is authorised by this section and a 12 Treasurer's approval is not needed. 13 (3) This section has effect despite section 18. 14 Example of unintentional overdrawing of accounts-- 15 Each morning departments give the treasury department a forecast of 16 their cash flow for the day. Officers of the treasury department add the 17 total of the departmental forecasts to the net credit balance of the 18 Treasurer's consolidated fund bank account and all the departmental 19 financial institution accounts, including the treasury offset bank 20 account, to decide the surplus or deficit of moneys on the day. If there is 21 a surplus, it is invested. If the forecasts are incorrect because a 22 department receives less or withdraws more on the day than the 23 department forecast, the net credit balance may be unintentionally 24 overdrawn. 25 20 Entries in Treasurer's consolidated fund operating 26 account 27 (1) Subsection (2) applies if the Treasurer, in a financial year, 28 pays to a department an amount other than unforeseen 29 expenditure from the consolidated fund. 30 (2) The Treasurer must-- 31 Page 24

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 21] (a) enter the amount in the Treasurer's consolidated fund 1 operating account as paid to the department as part of its 2 vote for the financial year; and 3 (b) allocate the amount entered to 1 or more of the 4 department's headings for which the amount was paid. 5 Note-- 6 Entries for unforeseen expenditure are dealt with under section 7 36. 8 21 Write-off of losses 9 The Treasurer may write off losses relating to the consolidated 10 fund account. 11 Division 2 Consolidated fund reporting 12 22 Quarterly statement by Treasurer 13 (1) As soon as practicable after the end of each quarter of a 14 financial year, the Treasurer must prepare a statement for the 15 quarter (the quarterly statement) of-- 16 (a) the amounts received in the quarter by the Treasurer (the 17 received amounts) that must be recorded as received in 18 the Treasurer's consolidated fund operating account; 19 and 20 (b) for each department--the amounts paid by the Treasurer 21 in the quarter from the department's vote (the paid 22 amounts) from the Treasurer's consolidated fund 23 operating account, including the amounts allocated to 24 the department's headings (the heading amounts); and 25 (c) the opening and closing balances for the quarter of the 26 Treasurer's consolidated fund bank account and 27 Treasurer's consolidated fund investment account. 28 (2) A quarterly statement must not include a controlled receipt 29 appropriated under section 28. 30 Page 25

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 23] (3) A quarterly statement for the second, third or fourth quarter of 1 a financial year must also include the received amounts, paid 2 amounts and heading amounts for the financial year up to and 3 including the end of the quarter. 4 (4) Also, a quarterly statement must include comparative figures 5 for-- 6 (a) received amounts, paid amounts, heading amounts and 7 quarterly balances for the corresponding quarter of the 8 immediately preceding financial year; and 9 (b) for a quarterly statement for the second, third or fourth 10 quarter--the cumulative received amounts, paid 11 amounts and heading amounts for the immediately 12 preceding financial year. 13 (5) As soon as practicable after a quarterly statement is prepared 14 for the first, second or third quarter of a financial year, the 15 Treasurer must publish the statement in the gazette. 16 (6) If the Treasurer pays an amount from, or receives an amount 17 into, the consolidated fund account within the further 2 weeks 18 for the financial year to which the payment or receipt relates, 19 the Treasurer must ensure the amount is included in-- 20 (a) the quarterly statement for the fourth quarter of the 21 financial year; and 22 (b) the consolidated fund financial report for the financial 23 year if the received amount is-- 24 (i) the return of appropriation paid in excess of the 25 appropriation authorised for the financial year for a 26 department; or 27 (ii) an equity withdrawal from a department for the 28 financial year. 29 23 Consolidated fund financial report 30 (1) This section applies to the quarterly statement the Treasurer 31 must prepare under section 22 for the fourth quarter of a 32 financial year (the consolidated fund financial report). 33 Page 26

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 24] (2) In addition to the matters included under section 22, the 1 Treasurer must include the following, for each department, in 2 the consolidated fund financial report for the financial year-- 3 (a) the department's vote, and the amounts for application 4 to the department's headings, under the annual 5 appropriation Acts for the financial year; 6 (b) any change under this Act to the department's vote or 7 the amounts for application to 1 or more of the 8 department's headings; 9 (c) the total amount paid to the department for the financial 10 year and the amounts allocated to the department's 11 headings; 12 (d) amounts paid to the department as unforeseen 13 expenditure and particulars of the amounts; 14 (e) amounts appropriated to the department for the financial 15 year that have lapsed under section 29(3); 16 (f) amounts written off by the Treasurer under section 21 as 17 losses relating to the consolidated fund account. 18 (3) The consolidated fund financial report must not include a 19 controlled receipt appropriated under section 28. 20 (4) The Treasurer must, under section 24, sign the consolidated 21 fund financial report and give it to the auditor-general for a 22 report by the auditor-general. 23 (5) Within 14 days after the auditor-general returns the 24 consolidated fund financial report to the Treasurer with the 25 auditor-general's report, the Treasurer must table the reports 26 in the Legislative Assembly. 27 24 Timing for giving consolidated fund financial report to 28 auditor-general 29 (1) For section 23(4), the Treasurer must sign the consolidated 30 fund financial report and give it to the auditor-general by a 31 date agreed between the Treasurer and the auditor-general. 32 Page 27

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 25] (2) The agreed date must be one that allows the audit of the 1 consolidated fund financial report, and auditor-general's 2 report for the consolidated fund financial report, to be 3 completed no later than 3 months after the end of the financial 4 year to which the consolidated fund financial report relates. 5 (3) However, if the Treasurer considers there is a 6 whole-of-government reason that makes it impracticable to 7 give the consolidated fund financial report for the financial 8 year to the auditor-general by the date agreed under 9 subsection (1), the Treasurer may give it to the auditor-general 10 by a later date agreed with the auditor-general. 11 Example of a whole-of-government reason-- 12 complex end of financial year changes to the machinery of government 13 (4) The later date must allow the audit of the consolidated fund 14 financial report, and the auditor-general's report for the 15 consolidated fund financial report, to be completed no later 16 than 6 months after the end of the financial year to which the 17 consolidated fund financial report relates. 18 25 Consolidated whole-of-government financial statements 19 (1) The Treasurer must prepare, under the prescribed 20 requirements, the following financial statements for each 21 financial year (together the consolidated 22 whole-of-government financial statements)-- 23 (a) financial statements for the whole of government; 24 (b) financial statements for the general government sector. 25 (2) The consolidated whole-of-government financial statements 26 must be prepared within 6 months after the end of each 27 financial year or a later date agreed between the Treasurer and 28 the auditor-general. 29 (3) The Treasurer, the under-Treasurer and the most senior officer 30 of the department responsible for preparing the statements 31 (the officers) must each sign the statements and certify on the 32 statements whether, in the opinion of each of them, the 33 Page 28

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 26] statements have been properly drawn up, under the prescribed 1 requirements, to present a true and fair view of-- 2 (a) the financial operations and cash flows of the State for 3 the financial year; and 4 (b) the financial position at the end of the financial year to 5 which the statements relate. 6 (4) As soon as practicable after the statements have been prepared 7 and certified by the officers, the Treasurer must send the 8 statements to the auditor-general for a report by the 9 auditor-general. 10 (5) Within 14 days after the auditor-general returns the statements 11 to the Treasurer with the auditor-general's report, the 12 Treasurer must table the statements and report in the 13 Legislative Assembly. 14 (6) In this section-- 15 general government sector means the institutional sector 16 comprising all government units and non-profit institutions 17 controlled and mainly financed by government, as defined in 18 Australian Accounting Standard AASB 1049. 19 Editor's note-- 20 The standard is available on the Australian Accounting Standards Board 21 website at . 22 26 Information for preparing consolidated 23 whole-of-government financial statements 24 (1) The Treasurer may exercise a power under this section only if 25 the Treasurer considers it is necessary to do so-- 26 (a) for preparing the consolidated whole-of-government 27 financial statements for a financial year; or 28 (b) for whole-of-government budgeting or monitoring 29 purposes. 30 Page 29

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 27] (2) The Treasurer may, by notice given to the accountable officer 1 of a department or to a statutory body, ask the officer or body 2 to give information to the Treasurer. 3 (3) The notice must state the following-- 4 (a) particulars of the information that must be given; 5 (b) the date by which the information must be given. 6 (4) The accountable officer or statutory body must comply with 7 the notice. 8 Division 3 Appropriations 9 27 Annual appropriation Acts 10 For each financial year, the Treasurer must present to the 11 Legislative Assembly-- 12 (a) a Bill for an ordinary annual appropriation Act for the 13 financial year; and 14 (b) a Bill for a parliamentary annual appropriation Act for 15 the financial year. 16 28 Appropriation of particular controlled receipts 17 (1) A department's controlled receipts may be retained by the 18 department. 19 (2) For each financial year, the consolidated fund is appropriated 20 for application to the departmental services, administered 21 items and equity adjustment of the department in an amount 22 equal to the department's controlled receipts for the financial 23 year. 24 (3) In subsection (2)-- 25 controlled receipts does not include a controlled receipt 26 mentioned in section 7(2)(i). 27 Page 30

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 29] 29 Availability of appropriated amount for payment to 1 departments 2 (1) The total amount appropriated for a department for a financial 3 year under an annual appropriation Act (the available 4 amount) is available for the Treasurer to pay to the 5 department in the financial year or within the further 2 weeks. 6 (2) The Treasurer may pay an amount from the available amount 7 for a department if the payment is made for a departmental 8 service, administered item or equity adjustment-- 9 (a) delivered in the financial year or the previous financial 10 year; or 11 (b) to be delivered in the financial year or in the next 12 financial year. 13 (3) If all of the available amount for a financial year is not paid to 14 the department under this section in the financial year or 15 within the further 2 weeks, the unpaid amount of the 16 appropriation lapses at the end of the further 2 weeks. 17 30 Payment of equity withdrawal under annual appropriation 18 Act 19 (1) This section applies if, under an annual appropriation Act for 20 a financial year, the equity adjustment of a department is an 21 equity withdrawal. 22 (2) On payment by the accountable officer of the department of 23 the equity withdrawal to the Treasurer, the Treasurer must-- 24 (a) enter the amount in the Treasurer's consolidated fund 25 operating account to the department's vote for the 26 financial year; and 27 (b) credit the amount to the heading in the ledger for equity 28 adjustment. 29 Page 31

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 31] 31 Supply before ordinary annual appropriation Act for 1 financial year 2 (1) This section applies if, before the enactment of the ordinary 3 annual appropriation Act for a financial year, the Legislative 4 Assembly authorises the payment of an amount (the ordinary 5 supply amount) from the consolidated fund to departments, 6 other than the Legislative Assembly and parliamentary 7 service, but does not appropriate a total amount for each of the 8 departments for the financial year. 9 (2) The Treasurer must prepare a statement setting out-- 10 (a) the total amount available for each of the departments 11 from the ordinary supply amount; and 12 (b) the way the total amount available for each of the 13 departments is to be applied. 14 (3) As soon as practicable after preparing the statement, the 15 Treasurer must give notice to the accountable officer of each 16 of the departments about-- 17 (a) the total amount available for the department from the 18 ordinary supply amount before the enactment of the 19 ordinary annual appropriation Act; and 20 (b) the way the total amount available for the department is 21 to be applied. 22 (4) The Treasurer may pay an amount to a department under the 23 statement. 24 (5) A payment under the statement is taken to be authorised by 25 the ordinary annual appropriation Act for the financial year. 26 32 Supply before parliamentary annual appropriation Act for 27 financial year 28 (1) This section applies if, before the enactment of the 29 parliamentary annual appropriation Act for a financial year, 30 the Legislative Assembly-- 31 Page 32

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 33] (a) authorises the payment of an amount (the parliamentary 1 supply amount) from the consolidated fund for the 2 Legislative Assembly and parliamentary service; but 3 (b) does not appropriate the amount for the Legislative 4 Assembly or parliamentary service for the financial 5 year. 6 (2) The Treasurer must prepare a statement setting out the amount 7 available for the Legislative Assembly and parliamentary 8 service from the parliamentary supply amount. 9 (3) As soon as practicable after preparing the statement, the 10 Treasurer must give notice to the Clerk of the Parliament 11 about the amount available for the Legislative Assembly and 12 parliamentary service from the parliamentary supply amount 13 before the enactment of the parliamentary annual 14 appropriation Act. 15 (4) The Treasurer may pay an amount to the Legislative 16 Assembly and parliamentary service under the statement. 17 (5) A payment under the statement is taken to be authorised by 18 the parliamentary annual appropriation Act for the financial 19 year. 20 33 Varying the amounts of department's headings 21 (1) Subsection (2) applies if the Treasurer considers there is-- 22 (a) a surplus in 1 or more of the headings of a department 23 for a financial year; and 24 (b) a deficiency in 1 or more other headings of the 25 department. 26 (2) The Treasurer may allocate an amount to the heading or 27 headings that are deficient from the heading or headings in 28 surplus. 29 (3) As soon as practicable after the Treasurer allocates the 30 amount, the Treasurer must give notice to the accountable 31 officer of the department about the surplus, deficiency and 32 allocation of the amount. 33 Page 33

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 34] (4) Subsection (2) does not authorise the Treasurer to pay more 1 than the department's vote for the financial year. 2 34 When part of vote for treasury department may be 3 applied for headings of another department 4 (1) This section applies if-- 5 (a) an amount (the Treasurer's advance) is included in the 6 vote for the treasury department for a financial year for 7 purposes that may be delivered by any department; and 8 (b) the Treasurer is satisfied a particular department (the 9 delivering department) is to achieve 1 or more of the 10 purposes by delivering a departmental service, 11 administered item or equity adjustment for which the 12 vote for the delivering department for the financial year 13 did not provide or sufficiently provide. 14 (2) The Treasurer may pay to the delivering department a part of 15 the Treasurer's advance that the Treasurer considers reflects 16 the value of the service, item or adjustment to be delivered in 17 the financial year by the delivering department. 18 (3) The Treasurer may pay an amount to the delivering 19 department even though the amount appropriated to the 20 department under the relevant annual appropriation Act for 21 the financial year will be exceeded. 22 (4) The Treasurer must make appropriate entries for the payment 23 in the accounts of the treasury department and the delivering 24 department. 25 35 Unforeseen expenditure 26 (1) Subsection (2) applies if the Governor in Council decides, on 27 the recommendation of the Treasurer, during a financial year 28 or within the further 4 weeks, that expenditure is required 29 from the consolidated fund for the financial year for which-- 30 (a) there is no appropriation; or 31 Page 34

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 36] (b) there is an appropriation but the making or charging of 1 the expenditure to a department's vote would mean the 2 amount allocated to the vote would be exceeded. 3 (2) The Governor in Council may authorise the expenditure (the 4 unforeseen expenditure) to be-- 5 (a) made before an appropriation of an amount for the 6 expenditure; and 7 (b) charged as unforeseen expenditure to the consolidated 8 fund; and 9 (c) allocated, as directed by the Governor in Council, to 1 or 10 more of the department's headings. 11 36 Entries in Treasurer's consolidated fund operating 12 account for unforeseen expenditure 13 If an amount is paid from the consolidated fund as unforeseen 14 expenditure for a financial year, the Treasurer must, in the 15 Treasurer's consolidated fund operating account for the 16 financial year, enter the amount to 1 or more of the headings 17 stated in the Governor in Council's authority for the 18 unforeseen expenditure. 19 37 Entries by Treasurer on repayment of incorrectly paid 20 amounts 21 (1) This section applies to an amount, or part of an amount (the 22 incorrectly paid amount)-- 23 (a) that was paid to a department by the Treasurer from the 24 consolidated fund in error or by overpayment; or 25 (b) that was-- 26 (i) paid to a department by the Treasurer from the 27 consolidated fund in error or by overpayment for a 28 non-departmental service to be delivered by a 29 statutory body; and 30 (ii) repaid by the statutory body to the department for 31 payment to the Treasurer. 32 Page 35

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 38] (2) The accountable officer of the department must pay the 1 Treasurer the incorrectly paid amount. 2 (3) On payment of the incorrectly paid amount to the Treasurer in 3 the same financial year in which it was paid to the department, 4 or within the further 2 weeks, the Treasurer must-- 5 (a) credit the amount to the vote of the department for the 6 financial year; and 7 (b) allocate the amount to the appropriate heading or 8 headings of the department in the Treasurer's 9 consolidated fund operating account for the year. 10 (4) On payment of the incorrectly paid amount to the Treasurer 11 after the further 2 weeks of the financial year in which it was 12 paid to the department, the Treasurer must enter the amount as 13 a receipt in the Treasurer's consolidated fund operating 14 account for the next financial year. 15 (5) On receipt of the incorrectly paid amount, the Treasurer must 16 pay it into the consolidated fund bank account. 17 Division 4 Approvals by Treasurer 18 38 Definition for div 4 19 In this division-- 20 department includes the accountable officer of the 21 department. 22 39 Exercise of power by department or statutory body 23 (1) This division applies if a power under this Act may be 24 exercised by a department or a statutory body under a 25 Treasurer's approval. 26 (2) The department or statutory body may exercise the power 27 only if-- 28 (a) an approval under section 40 applies to the department 29 or body; or 30 Page 36

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 40] (b) the exercise of the power is the subject of an approval 1 under section 43. 2 40 Treasurer's general approval 3 (1) The Treasurer may, by gazette notice, approve the exercise of 4 powers under this Act by departments and statutory bodies (a 5 Treasurer's general approval). 6 (2) The Treasurer's general approval may-- 7 (a) apply generally to all departments, statutory bodies, 8 powers and matters; or 9 (b) be limited in its application to-- 10 (i) particular departments, statutory bodies, powers or 11 matters; or 12 (ii) particular classes of departments, statutory bodies, 13 powers or matters; or 14 (c) be limited in its application by reference to stated 15 exceptions or factors. 16 (3) Also, the approval may-- 17 (a) make different provision for-- 18 (i) different departments, statutory bodies, powers or 19 matters; or 20 (ii) different classes of departments, statutory bodies, 21 powers or matters; or 22 (b) apply differently to stated exceptions or factors. 23 (4) A Treasurer's general approval may apply to a department or 24 statutory body even if the department or body was not 25 established when the approval was given. 26 41 Application for Treasurer's specific approval 27 (1) A department or statutory body may apply to the Treasurer for 28 approval of the exercise of a power under this Act (a 29 Treasurer's specific approval). 30 Page 37

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 42] (2) The application-- 1 (a) must be in writing; and 2 (b) may relate to the exercise of the power generally or in 3 relation to a particular matter. 4 (3) If the Treasurer considers the approval should be given as a 5 Treasurer's general approval, the Treasurer may deal with the 6 application by giving an approval under section 40 that 7 applies to the applicant. 8 42 Requirement to give documents or information 9 The Treasurer may, by notice to the department or statutory 10 body, require it to give the Treasurer a document or 11 information the Treasurer considers necessary for considering 12 the department's or the body's application. 13 43 Decision on application 14 (1) The Treasurer may approve all or part of the application or 15 refuse the application. 16 (2) A Treasurer's specific approval may be on written conditions 17 the Treasurer considers appropriate. 18 (3) The Treasurer must inform the applicant, in writing, of the 19 decision and, if the application is approved, any conditions of 20 the approval. 21 44 Amendment or repeal of Treasurer's specific approval 22 (1) A department or statutory body may apply to the Treasurer for 23 amendment or repeal of a Treasurer's specific approval. 24 (2) The application-- 25 (a) must be in writing; and 26 (b) state the reasons for the amendment or repeal. 27 (3) Sections 41(3), 42 and 43 apply to the application as if it were 28 an application for a Treasurer's specific approval. 29 Page 38

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 45] (4) The Treasurer may amend or repeal a Treasurer's specific 1 approval even if the department or statutory body does not 2 apply for the amendment or repeal. 3 (5) The amendment or repeal of a Treasurer's specific approval 4 does not affect its previous operation. 5 45 Register of specific approvals 6 (1) The treasury department must keep a register of all 7 Treasurer's specific approvals granted. 8 (2) Each department and statutory body granted a Treasurer's 9 specific approval must keep a register of the approvals. 10 46 False or misleading documents 11 (1) A person must not, under section 41 or 42, give the Treasurer 12 a document containing information the person knows is false 13 or misleading in a material particular. 14 Maximum penalty--50 penalty units. 15 (2) Subsection (1) does not apply to a person if the person, when 16 giving the document-- 17 (a) advises the Treasurer, in writing, to the best of the 18 person's ability, how the information is false or 19 misleading; and 20 (b) gives the correct information if the person has, or can 21 reasonably obtain, the correct information. 22 47 False or misleading information 23 A person must not, under section 42, give the Treasurer 24 information the person knows is false or misleading in a 25 material particular. 26 Maximum penalty--50 penalty units. 27 Page 39

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 48] Division 5 Delegation by Treasurer 1 48 Delegation by Treasurer of particular powers 2 (1) The Treasurer may delegate the Treasurer's powers 3 mentioned in subsection (2) to an officer or employee of the 4 treasury department who has the qualifications, experience or 5 standing appropriate to exercise the power. 6 Example of standing-- 7 an officer's classification level in the public service 8 (2) Subsection (1) applies to the powers of the Treasurer under 9 sections 18(4), 21, 23, 24, 25, 26, 50, 51, 59, 83 and 84. 10 (3) Also, the Treasurer may delegate the Treasurer's powers 11 under-- 12 (a) section 21 to an accountable officer to the extent the 13 losses relate to administered receipts of the accountable 14 officer's department; and 15 (b) section 50(2) to (3) to either of the following who has 16 the qualifications, experience or standing appropriate to 17 exercise the power-- 18 (i) the chief executive officer or another officer or 19 employee of the Queensland Investment 20 Corporation; 21 (ii) an officer or employee of the Queensland Treasury 22 Corporation. 23 Division 6 Investment by Treasurer 24 49 Treasury offset account 25 (1) The Treasurer must establish-- 26 (a) in the treasury department, an account called the 27 `treasury offset account' for recording transactions 28 about the matters mentioned in section 50; and 29 Page 40

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 50] (b) at a financial institution, an account relating to the 1 treasury offset account called the `treasury offset bank 2 account'. 3 (2) For this Act-- 4 (a) the treasury offset account is taken to be a departmental 5 account; and 6 (b) the treasury offset bank account is taken to be a 7 departmental financial institution account. 8 50 Use of accounts 9 (1) Subject to this Act, the Treasurer may-- 10 (a) if the balance of the Treasurer's consolidated fund bank 11 account and the departmental financial institution 12 accounts is a net credit balance-- 13 (i) make an investment under subsection (4) based on 14 the balance at the time of the investment; and 15 (ii) pay moneys out of the treasury offset bank account 16 to make the investment; or 17 (b) if the balance of the Treasurer's consolidated fund bank 18 account is a net credit balance-- 19 (i) make an investment under subsection (4) based on 20 the balance at the time of the investment; and 21 (ii) pay moneys out of the Treasurer's consolidated 22 fund bank account to make the investment; or 23 (c) if the balance in a departmental financial institution 24 account is a net credit balance-- 25 (i) make an investment under subsection (4) based on 26 the balance at the time of the investment; and 27 (ii) pay moneys out of the departmental financial 28 institution account to make the investment. 29 (2) However, if the balance of the Treasurer's consolidated fund 30 bank account and the departmental financial institution 31 accounts is a net debit balance, the Treasurer may-- 32 Page 41

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 50] (a) arrange with the Queensland Treasury Corporation to 1 offset the net debit balance by paying moneys into the 2 treasury offset bank account; and 3 (b) pay all or part of the moneys mentioned in paragraph (a) 4 from the treasury offset bank account into the 5 Treasurer's consolidated fund bank account. 6 (3) If non-public moneys are held by or given to the Treasurer for 7 investment or as security, the Treasurer may-- 8 (a) pay the non-public moneys into the treasury offset bank 9 account; and 10 (b) invest the non-public moneys and, for that purpose, pay 11 moneys out of the treasury offset bank account. 12 (4) For subsections (1) and (3), the Treasurer may make the 13 following investments-- 14 (a) in securities of, guaranteed by, accepted by or endorsed 15 by the Commonwealth or a State; 16 (b) a loan to, investment in or financial arrangement with an 17 entity authorised by an Act or law to borrow money 18 from the Treasurer, on the security the Treasurer 19 considers appropriate; 20 (c) with, or on deposit with, a bank, or in securities of, 21 guaranteed by, accepted by or endorsed by a bank; 22 (d) with, or on deposit with, the Queensland Investment 23 Corporation or the Queensland Treasury Corporation for 24 investment in a fund of either of the corporations that 25 the Treasurer considers appropriate; 26 (e) in other securities approved by the Governor in Council; 27 (f) by deposit on the security of any of the securities in 28 which the Treasurer is permitted by this subsection to 29 invest; 30 (g) in other investments or financial arrangements approved 31 by the Governor in Council. 32 (5) However, if the Treasurer invests non-public moneys under 33 subsection (3), moneys received from the investment are 34 Page 42

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 51] moneys payable to the person entitled to the non-public 1 moneys despite section 51. 2 51 Dealing with moneys earned on investment 3 (1) If moneys for an investment were paid out of the treasury 4 offset bank account, moneys received from the investment 5 must be paid into the treasury offset bank account and dealt 6 with as follows-- 7 (a) the moneys necessary to fully recoup the treasury offset 8 bank account for the amount paid from it for the 9 investment must be kept in the treasury offset bank 10 account but may be used for a further investment; 11 (b) as soon as practicable after the moneys received from 12 the investment are paid into the treasury offset bank 13 account, the Treasurer must identify the amount (the 14 investment earnings) that exceeds the moneys recouped 15 into the treasury offset bank account. 16 (2) To the extent the moneys for the investment were, under an 17 arrangement with the Treasurer, attributable to a departmental 18 financial-institution account, the Treasurer must-- 19 (a) declare an amount from the investment earnings to be 20 paid to the department as interest (the departmental 21 interest); and 22 (b) arrange for the payment of the departmental interest 23 from the treasury offset bank account into the 24 departmental financial institution account. 25 (3) The Treasurer must arrange for the payment of the balance of 26 the investment earnings, less departmental interest to be paid 27 under subsection (2), into a departmental financial institution 28 account of the treasury department. 29 (4) If moneys for an investment were paid out of the Treasurer's 30 consolidated fund bank account, moneys received from the 31 investment must be paid into the account. 32 Page 43

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 52] (5) If moneys for an investment were paid out of a departmental 1 financial institution account, other than the treasury offset 2 bank account, moneys received from the investment must be 3 paid into the departmental financial institution account. 4 52 Appropriation for investment 5 If moneys are required to be paid out of the Treasurer's 6 consolidated fund bank account for an investment that may be 7 made by the Treasurer, the payment of the moneys out of the 8 account for the investment is appropriated. 9 53 Corporation sole of The Treasurer of Queensland 10 (1) The corporation sole constituted by the Treasurer under the 11 Financial Administration and Audit Act 1977, section 43 is 12 continued in existence under the name The Treasurer of 13 Queensland (the Treasurer). 14 (2) The Treasurer -- 15 (a) is a body corporate with perpetual succession; and 16 (b) has a seal; and 17 (c) may sue and be sued in the Treasurer's corporate name. 18 (3) The Treasurer represents the State. 19 (4) Without limiting subsection (3), the Treasurer has all the 20 State's privileges and immunities. 21 (5) The Treasurer has all the powers of an individual and may, for 22 example-- 23 (a) enter into contracts; and 24 (b) acquire, hold, dispose of, and deal with, property; and 25 (c) appoint agents and attorneys; and 26 (d) engage consultants; and 27 (e) fix charges, and other terms, for services the Treasurer 28 supplies; and 29 Page 44

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 54] (f) do anything necessary or convenient to be done in the 1 performance of the Treasurer's functions under this or 2 another Act. 3 (6) The Treasurer also has the powers conferred on the Treasurer 4 by this or another Act. 5 (7) The Treasurer may exercise the Treasurer's powers inside and 6 outside Queensland. 7 (8) Without limiting subsection (7), the Treasurer may exercise 8 the Treasurer's powers outside Australia. 9 54 Limitations on investment powers 10 Nothing in this Act authorises the Treasurer to invest moneys 11 relating to a departmental account contrary to-- 12 (a) an Act; or 13 (b) an agreement, arrangement, contract, court order, law or 14 transaction applying to the account. 15 Division 7 Borrowings 16 55 Borrowings by the State 17 (1) The Treasurer may borrow amounts for the State. 18 (2) Amounts may be borrowed within the State, outside the State 19 but within Australia, or outside Australia. 20 56 Liability of department for borrowing fee 21 (1) This section applies if the Treasurer borrows amounts for the 22 State and considers all or part of the amounts borrowed have 23 been used by a department. 24 (2) The Treasurer may, by notice given to the accountable officer 25 of the department, declare the department liable for an amount 26 (the borrowing fee). 27 (3) The notice must state-- 28 Page 45

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 57] (a) the amount of the borrowings the Treasurer considers 1 have been used by the department; and 2 (b) the borrowing fee for which the department is liable; 3 and 4 (c) the date by which the borrowing fee is to be paid to the 5 Treasurer. 6 (4) An accountable officer given a notice under subsection (2) 7 must comply with the notice. 8 Division 8 Standards about financial and 9 performance management 10 57 Financial and performance management standards 11 (1) The Treasurer may make standards about the policies and 12 principles to be observed in financial and performance 13 management. 14 (2) If the Treasurer considers it appropriate, a financial and 15 performance management standard may include a 16 commentary about the operation of a provision of the 17 standard. 18 (3) If the standard includes a commentary about the operation of a 19 provision-- 20 (a) the commentary is not part of the standard; and 21 (b) the commentary is not meant to be exhaustive; and 22 (c) the commentary, the provision and the other provisions 23 of the standard are to be read together but, if the 24 commentary and the provision are inconsistent, the 25 provision prevails. 26 (4) Each accountable officer and statutory body must comply 27 with the provisions of a standard that apply respectively to the 28 officer and body. 29 (5) A standard is subordinate legislation. 30 Page 46

 


 

Financial Accountability Bill 2008 Part 3 Consolidated fund and Treasurer's responsibilities [s 58] 58 Requirements before making a financial and performance 1 management standard 2 Before making a financial and performance management 3 standard, the Treasurer must consult with the auditor-general 4 and, to the extent the standard relates to planning or 5 performance management, the Premier. 6 59 Exemption from complying with financial and 7 performance management standard 8 (1) The Treasurer may, wholly or partly, exempt a department or 9 statutory body from complying with a financial and 10 performance management standard. 11 (2) The exemption must-- 12 (a) be in writing; and 13 (b) state-- 14 (i) the day the exemption ends; or 15 (ii) the day by which the Treasurer must review the 16 exemption to decide whether it is appropriate for 17 the exemption to continue. 18 (3) Before granting the exemption, the Treasurer must consult 19 with the auditor-general and, to the extent the proposed 20 exemption relates to planning or performance management, 21 the Premier. 22 (4) The Treasurer may impose conditions on the exemption. 23 (5) If the exemption relates to prescribed accounting standards, 24 the department or statutory body must disclose the extent and 25 financial implications of noncompliance with the prescribed 26 accounting standards in its annual financial statements. 27 (6) In this section-- 28 prescribed accounting standards means the following 29 documents published by the Australian Accounting Standards 30 Board-- 31 (a) Australian Accounting Standards; 32 Page 47

 


 

Financial Accountability Bill 2008 Part 4 Provisions applying to departments and statutory bodies [s 60] (b) Statements of Accounting Concepts; 1 (c) Interpretations; 2 (d) Framework for the Preparation and Presentation of 3 Financial Statements. 4 Note-- 5 The documents mentioned in the definition prescribed accounting 6 standards are available on the website of the Australian Accounting 7 Standards Board at . 8 Part 4 Provisions applying to 9 departments and statutory 10 bodies 11 60 Application of ss 61-63 12 The functions or requirements imposed by section 61, 62 or 13 63 on accountable officers and statutory bodies are imposed-- 14 (a) for each accountable officer--in relation to the 15 accountable officer's department; and 16 (b) for each statutory body--in relation to that statutory 17 body. 18 61 Functions of accountable officers and statutory bodies 19 Accountable officers and statutory bodies have the following 20 functions-- 21 (a) to ensure the operations of the department or statutory 22 body are carried out efficiently, effectively and 23 economically; 24 (b) to establish and maintain appropriate systems of internal 25 control and risk management; 26 Page 48

 


 

Financial Accountability Bill 2008 Part 4 Provisions applying to departments and statutory bodies [s 62] (c) to establish and keep funds and accounts in compliance 1 with the prescribed requirements; 2 (d) to ensure annual financial statements are prepared, 3 certified and tabled in Parliament in accordance with the 4 prescribed requirements; 5 (e) to undertake planning and budgeting for the accountable 6 officer's department or the statutory body that is 7 appropriate to the size of the department or statutory 8 body; 9 (f) to perform other functions conferred on the accountable 10 officers or statutory bodies under this or another Act or a 11 financial and performance management standard. 12 62 Annual financial statements 13 (1) Accountable officers and statutory bodies must, in the way 14 and within the time stated in a financial and performance 15 management standard-- 16 (a) prepare annual financial statements for the department 17 or statutory body in accordance with the prescribed 18 requirements; and 19 (b) certify on the statements whether the statements comply 20 in all material respects with the prescribed requirements 21 in relation to the establishment and keeping of accounts; 22 and 23 (c) have the statements audited by the auditor-general; and 24 (d) include the statements in the annual report of the 25 department or statutory body. 26 (2) In this section-- 27 annual financial statements includes final financial 28 statements. 29 department includes an abolished department. 30 final financial statements, for an abolished department or an 31 abolished statutory body, means the financial statements for 32 the final period for the department or statutory body. 33 Page 49

 


 

Financial Accountability Bill 2008 Part 4 Provisions applying to departments and statutory bodies [s 63] final period, for an abolished department or an abolished 1 statutory body, means the period stated for the department or 2 statutory body in a financial and performance management 3 standard. 4 statutory body includes an abolished statutory body. 5 63 Annual reports 6 (1) Accountable officers and statutory bodies must, in the way 7 and within the time stated in a financial and performance 8 management standard-- 9 (a) prepare an annual report; and 10 (b) give the report to the appropriate Minister. 11 (2) The Minister must table the annual report in the Legislative 12 Assembly within the time stated in the financial and 13 performance management standard. 14 (3) In this section-- 15 annual report includes a final report. 16 department includes an abolished department. 17 final period, for an abolished department or an abolished 18 statutory body, means the period stated for the department or 19 statutory body in a financial and performance management 20 standard. 21 final report, for an abolished department or an abolished 22 statutory body, means a report about the operations of the 23 department or statutory body for the final period for the 24 department or statutory body 25 statutory body includes an abolished statutory body. 26 64 Investments gifted or bequeathed to departments or 27 statutory bodies 28 (1) A department or statutory body may divest itself of an 29 investment gifted or bequeathed to the department or statutory 30 body only with the Treasurer's approval. 31 Page 50

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 65] (2) However, the Treasurer may exempt a statutory body from 1 requiring the Treasurer's approval if the Treasurer is satisfied 2 the statutory body has appropriate procedures in place for 3 divesting itself of the investment. 4 Part 5 Provisions applying only to 5 departments 6 Division 1 Accountable officers 7 65 Accountable officers generally 8 (1) The chief executive of a department of government under the 9 Public Service Act 2008, section 14, is the accountable officer 10 of the department. 11 (2) The Treasurer may appoint a person to be the accountable 12 officer of-- 13 (a) a public service office; or 14 (b) another entity, whether or not the entity is part of a 15 department, if-- 16 (i) the entity-- 17 (A) represents the State; or 18 (B) is established under an Act; or 19 (C) is established for a purpose connected with 20 the government of the State; and 21 (ii) the entity's expenditure is payable, wholly or 22 partly, out of-- 23 (A) amounts paid to a department from the 24 consolidated fund; or 25 (B) the controlled receipts of a department. 26 Page 51

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 66] (3) A regulation may prescribe the accountable officer of an 1 entity mentioned in the regulation. 2 (4) For an entity mentioned in subsection (3)-- 3 (a) subsection (1) does not apply to the chief executive of 4 the entity even if the entity is a department of 5 government under the Public Service Act 2008, section 6 14; and 7 (b) a person can not be appointed the accountable officer of 8 the entity under subsection (2). 9 66 Legislative Assembly and parliamentary service 10 (1) The Clerk of the Parliament is the accountable officer of the 11 Legislative Assembly and parliamentary service. 12 (2) This section does not limit or otherwise interfere with the role 13 of the Speaker relating to the Legislative Assembly or 14 parliamentary service, including the role of the Speaker in 15 relation to the Clerk of the Parliament. 16 67 Office of the Governor 17 (1) The official secretary is the accountable officer of the Office 18 of the Governor. 19 (2) This section does not limit or otherwise interfere with the role 20 of the Governor relating to the Office of the Governor, 21 including the role of the Governor in relation to the official 22 secretary. 23 Division 2 Accountable officer responsibilities 24 68 Departmental budgets 25 (1) The accountable officer of a department must-- 26 (a) prepare a budget for the department for each financial 27 year (an annual departmental budget); and 28 Page 52

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 69] (b) give the annual departmental budget to the appropriate 1 Minister. 2 (2) The appropriate Minister must table the annual departmental 3 budget in the Legislative Assembly at the same time as the 4 budget for the State for that financial year is tabled. 5 69 Departmental accounts 6 (1) The accountable officer of a department must establish, in 7 accordance with the prescribed requirements, the accounts 8 (the departmental accounts) necessary-- 9 (a) to account, under a financial and performance 10 management standard, for public moneys, public 11 property, non-public moneys, other property and other 12 resources administered or controlled by the department; 13 and 14 (b) to produce-- 15 (i) the financial statements required to be produced by 16 this Act; and 17 (ii) other financial statements or information required 18 to be produced by the prescribed requirements or 19 the Treasurer. 20 (2) The accounts, other than the consolidated fund account, 21 established by the under-Treasurer for preparing the 22 consolidated whole-of-government financial statement for a 23 financial year are departmental accounts of the treasury 24 department. 25 70 Payment of tax equivalents and dividends 26 (1) This section applies if the accountable officer of a department 27 has entered into an arrangement with the Treasurer about a 28 business unit within the department and, under the 29 arrangement, the accountable officer must pay-- 30 (a) an amount decided by applying the tax equivalents 31 manual to the business unit (the tax equivalent); or 32 Page 53

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 71] (b) an amount decided under the arrangement as a dividend 1 (the dividend). 2 (2) If the accountable officer has not paid the tax equivalent or 3 dividend under the arrangement, and within the time stated in 4 the arrangement, the Treasurer may, by notice given to the 5 accountable officer, require the officer to pay the Treasurer 6 the tax equivalent or dividend. 7 (3) The notice must state-- 8 (a) the amount of the tax equivalent or dividend; and 9 (b) when the tax equivalent or dividend must be paid to the 10 Treasurer. 11 (4) The accountable officer must comply with the notice. 12 (5) This section does not apply to the official secretary, the Clerk 13 of the Parliament or an accountable officer prescribed, in a 14 regulation made under section 65(4), for an entity mentioned 15 in the regulation. 16 (6) In this section-- 17 tax equivalents manual means the tax equivalents manual 18 issued by the Treasurer under the Government Owned 19 Corporations Act 1993, section 129. 20 71 Borrowings by accountable officers 21 The accountable officer of a department may, under a 22 Treasurer's approval, borrow amounts for the State from the 23 Queensland Treasury Corporation. 24 72 Losses and special payments 25 (1) The accountable officer of a department may-- 26 (a) write off losses relating to the departmental accounts of 27 the department; and 28 (b) authorise special payments to be made from the 29 departmental accounts. 30 Page 54

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 73] (2) A special payment may be made to an accountable officer 1 only with the approval of the Governor in Council. 2 73 Recovery of moneys 3 (1) Subsection (2) applies if a loss of or deficiency in either of the 4 following occurs-- 5 (a) public moneys that have been advanced to an officer or 6 employee of a department; 7 (b) public moneys or non-public moneys while the moneys 8 are under the control of an officer or employee of a 9 department. 10 (2) The loss or deficiency is a debt due to the State and may be 11 recovered from the officer or employee by action in a court of 12 competent jurisdiction. 13 (3) It is a defence to an action for the recovery of moneys from an 14 officer or employee (a person) under subsection (2) if the 15 person proves that the loss or deficiency was not caused or 16 contributed to by a failure by the person to fulfil any of the 17 person's duties in relation to the moneys including the 18 person's duties under the prescribed requirements. 19 (4) For this section, public moneys or non-public moneys are 20 taken to be under the control of an officer or employee of a 21 department if the moneys-- 22 (a) have been received by or have come into the custody of 23 the officer or employee; and 24 (b) have not been paid to another person or to the credit of 25 an account at a financial institution as required by the 26 prescribed requirements. 27 (5) In this section, a reference to an officer or employee of a 28 department includes a reference to a person who has been an 29 officer or employee of the department. 30 Page 55

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 74] 74 Recovery of value of property 1 (1) Subsection (2) applies if loss or destruction of or damage to 2 public property or other property occurs while the property is 3 in the care of an officer or employee of a department. 4 (2) The value of the property lost or destroyed or the cost of 5 repairing the damage to the property is a debt due to the State 6 and may be recovered by action in a court of competent 7 jurisdiction from-- 8 (a) the officer or employee in whose care the property was 9 at the time of the loss, destruction or damage; or 10 (b) any other officer or employee who by negligence or 11 misconduct caused or contributed to the loss or 12 destruction of or damage to the property. 13 (3) It is a defence to an action for the recovery of moneys from an 14 officer or employee (a person) under subsection (2) if the 15 person proves that the loss or destruction of or damage to the 16 property was not caused or contributed to by a failure by the 17 person to take reasonable steps to prevent the loss, destruction 18 or damage. 19 (4) Subsection (5) applies if the negligence or misconduct of an 20 officer or employee of a department was not the sole cause of 21 a loss or destruction of or damage to the property. 22 (5) The State may recover from the officer or employee referred 23 to in subsection (2)(a) the amount the court considers just and 24 equitable having regard to the contribution made by the 25 officer or employee to the loss, destruction or damage. 26 (6) For this section, public property or other property is taken to 27 be in the care of an officer or employee of a department if the 28 property-- 29 (a) has been delivered to the officer or employee; and 30 (b) has not been returned to a person entitled to receive it on 31 behalf of the State. 32 (7) In this section, a reference to an officer or employee of a 33 department includes a reference to a person who has been an 34 officer or employee of the department. 35 Page 56

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 75] 75 Right to recover not affected 1 (1) Sections 73(2), 74(2) and 74(5) do not affect a right of the 2 State to recover an amount from an officer or employee 3 otherwise than under sections 73 and 74. 4 (2) However, the State may not recover amounts from an officer 5 or employee both under sections 73 and 74 and otherwise than 6 under those sections, in relation to the same loss, deficiency, 7 destruction or damage. 8 Division 3 Delegations 9 76 Delegations by accountable officers 10 (1) An accountable officer may delegate the officer's functions 11 under this Act to an appropriately qualified public service 12 employee or other employee of the State. 13 (2) Despite the Public Service Act 2008, section 103, a function 14 delegated under subsection (1) may not be subdelegated. 15 (3) In this section-- 16 appropriately qualified, for an employee to whom a function 17 may be delegated, includes having the qualifications, 18 experience or standing appropriate for the function. 19 Example of standing for an employee-- 20 the employee's classification or level in a department or agency 21 functions includes powers. 22 77 Chief finance officer 23 (1) Each accountable officer must-- 24 (a) nominate an appropriately qualified employee of the 25 accountable officer's department to be responsible for 26 the financial administration of the department (the chief 27 finance officer); and 28 Page 57

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 77] (b) delegate to the chief finance officer the following 1 responsibilities for the department (the minimum 2 responsibilities)-- 3 (i) financial resource management including the 4 establishment, maintenance and review of financial 5 internal controls; 6 (ii) budget management; 7 (iii) preparation of financial information including 8 annual financial statements to facilitate the 9 discharge of the department's statutory reporting 10 obligations; 11 (iv) provision of advice on the effectiveness of 12 accounting and financial management information 13 systems and financial controls in meeting the 14 department's requirements; 15 (v) provision of advice concerning the financial 16 implications of, and financial risks to, the 17 department's current and projected services; 18 (vi) development of strategic options for the 19 department's future financial management and 20 capability. 21 (2) For each financial year, the chief finance officer must give the 22 accountable officer-- 23 (a) the annual financial statements mentioned in subsection 24 (1)(b)(iii); and 25 (b) a statement about whether the financial internal controls 26 of the department are operating efficiently, effectively 27 and economically. 28 (3) The statement must be given to the accountable officer in the 29 way, and at the time, stated in a financial and performance 30 management standard. 31 (4) A regulation may prescribe the qualifications, experience or 32 standing appropriate for a chief finance officer. 33 (5) In this section-- 34 Page 58

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 78] appropriately qualified, for an employee nominated under 1 subsection (1), includes having the qualifications, experience 2 or standing appropriate for carrying out the responsibilities of 3 the chief finance officer. 4 Example of standing for an employee-- 5 the employee's classification or level in the department 6 78 Head of internal audit 7 (1) Each accountable officer must-- 8 (a) nominate an appropriately qualified employee of the 9 accountable officer's department to be responsible for 10 the internal audit activities of the department (the head 11 of internal audit); and 12 (b) delegate to the head of internal audit the following 13 responsibilities for the department (the minimum 14 responsibilities)-- 15 (i) provision of assessment and evaluation of the 16 effectiveness and efficiency of departmental 17 financial and operation systems, reporting 18 processes and activities; 19 (ii) provision of assistance in risk management and 20 identifying deficiencies in risk management. 21 (2) A regulation may prescribe the qualifications, experience or 22 standing appropriate for a head of internal audit. 23 (3) In this section-- 24 appropriately qualified, for an employee nominated under 25 subsection (1), includes having the qualifications, experience 26 or standing appropriate for carrying out the responsibilities of 27 head of internal audit. 28 Example of standing for an employee-- 29 the employee's classification or level in the department 30 Page 59

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 79] Division 4 Machinery of government changes 1 79 Availability of appropriation after redistribution of public 2 business 3 (1) This section applies if-- 4 (a) after the enactment of the ordinary annual appropriation 5 Act for a financial year, the public business of 6 departments is redistributed; and 7 (b) because of the redistribution, a departmental service, 8 administered item or equity adjustment relating to a 9 department (the transferor department) becomes a 10 departmental service, administered item or equity 11 adjustment of another department (the transferee 12 department). 13 (2) Subsection (3) applies to the part of the transferor 14 department's vote that-- 15 (a) is attributable to the distributed service, item or 16 adjustment; and 17 (b) has not been paid by the Treasurer to the transferor 18 department. 19 (3) The Governor in Council may, by gazette notice, decide that 20 the part is available for payment to the transferee department 21 for application to the distributed service, item or adjustment. 22 (4) The gazette notice must state-- 23 (a) the amount still available for the Treasurer to pay to the 24 transferor department, together with the amounts still 25 available under the department's headings; and 26 (b) the amount available for the Treasurer to pay to the 27 transferee department, together with the amounts 28 available under the department's headings. 29 (5) No part of an appropriation for the transferor department 30 lapses merely because of the redistribution mentioned in 31 subsection (1). 32 Page 60

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 80] (6) In this section-- 1 administered item includes a part of an administered item. 2 departmental service includes a part of a departmental 3 service. 4 distributed service, item or adjustment means a departmental 5 service, administered item or equity adjustment that becomes 6 a departmental service, administered item or equity 7 adjustment of a transferee department under a redistribution 8 mentioned in subsection (1). 9 equity adjustment includes a part of an equity adjustment. 10 80 Financial reporting--when redistribution of public 11 business of department takes effect 12 (1) If the public business of a department (the transferor 13 department) is redistributed on a day other than the first day 14 of a month, this section applies for preparing annual financial 15 statements for the transferor department or the department to 16 which the public business is transferred. 17 (2) If the transferor department is not abolished, the redistribution 18 is taken to have happened on the first day of the month 19 immediately after the month in which the redistribution 20 happened. 21 (3) If the transferor department is abolished-- 22 (a) final financial statements for the transferor department 23 are to be prepared as at the day the department is 24 abolished; and 25 (b) the redistribution is taken to have happened on the day 26 following the day on which the transferor department is 27 abolished. 28 Page 61

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 81] Division 5 Accounts with financial institutions 1 81 Moneys to be kept at financial institutions 2 (1) All public moneys and non-public moneys must be kept at a 3 financial institution. 4 (2) Subsection (1) does not apply to-- 5 (a) investments made under part 3, division 6 or part 5, 6 division 6; or 7 (b) securities taken in relation to a loan or financial 8 arrangement; or 9 (c) public moneys or non-public moneys that a department, 10 under a Treasurer's approval, holds or transacts in a 11 currency denomination other than Australian dollars. 12 (3) This section is subject to a contrary intention in this or another 13 Act. 14 82 Financial institution accounts 15 A person must not open an account with a financial institution 16 for the receipt or payment of public moneys or non-public 17 moneys other than under this Act. 18 83 Departmental banking arrangements 19 (1) Each accountable officer is to establish the accounts necessary 20 for the operations of the officer's department (the 21 departmental financial institution accounts)-- 22 (a) for overseas operations--with the banking institution 23 approved by the Treasurer; and 24 (b) otherwise--with the financial institutions approved by 25 the Treasurer. 26 (2) Each accountable officer must pay all public moneys and 27 non-public moneys received by the accountable officer to the 28 Page 62

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 84] credit of a departmental financial institution account of the 1 officer's department. 2 (3) Each accountable officer must, for the period and at the time 3 decided by the Treasurer, pay to the Treasurer the amount of 4 the administered receipts received by the department during 5 the period. 6 (4) Subsection (3) does not apply to an amount received from the 7 Treasurer or an administered receipt received for another 8 department. 9 (5) An amount of public moneys may be paid from a 10 departmental financial institution account only under 11 subsection (3) or the prescribed requirements. 12 (6) An amount of non-public moneys may be paid from a 13 departmental financial institution account only-- 14 (a) under the prescribed requirements; or 15 (b) under an agreement, arrangement, contract, court order, 16 law or transaction under which the non-public moneys 17 are received or become payable. 18 84 Overdrafts 19 An accountable officer must not, other than under a 20 Treasurer's approval, arrange an overdraft for a departmental 21 financial institution account. 22 Division 6 Derivative transactions 23 85 When departments may enter into derivative transactions 24 (1) A department may enter into a derivative transaction under 25 this division-- 26 (a) in its own name; or 27 (b) in the name of a person who, under a Treasurer's 28 approval, has been appointed in writing by the 29 department as its agent for this division. 30 Page 63

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 86] (2) The department may enter into a derivative transaction only 1 if-- 2 (a) the Treasurer's approval has been given for the 3 department to enter into the derivative transaction or 4 derivative transactions of that type; and 5 (b) the department enters into the derivative transaction to 6 hedge against a risk to which the department is or will 7 be exposed. 8 86 Requirement to report to appropriate Minister about 9 derivative transactions 10 (1) Each department must give, to the appropriate Minister, a 11 report about each derivative transaction entered into by the 12 department under this division. 13 (2) The report must be given at the times, and contain the 14 information, required by the prescribed requirements. 15 (3) The appropriate Minister must monitor derivative transactions 16 entered into by the department. 17 (4) After a department gives a report to an appropriate Minister 18 under subsection (1), the department must give a copy of the 19 report to the Treasurer. 20 Division 7 Miscellaneous 21 87 When department may invest or otherwise lend an 22 amount 23 (1) A department may not do any of the following other than 24 under this section-- 25 (a) make an investment based on all or part of the balance in 26 the departmental accounts of a department at the time of 27 the investment; or 28 (b) otherwise lend an amount even if lending the amount 29 may be for the department's purposes; or 30 Page 64

 


 

Financial Accountability Bill 2008 Part 5 Provisions applying only to departments [s 88] (c) pay moneys out of a departmental financial institution 1 account for making an investment or otherwise lending 2 an amount under paragraphs (a) or (b). 3 (2) Subsection (1) does not prevent a department operating a 4 deposit and withdrawal account with a financial institution if 5 the account-- 6 (a) does not include an overdraft facility; or 7 (b) includes an overdraft facility under a Treasurer's 8 approval. 9 (3) Subsection (1) does not apply to a department to the extent the 10 department is-- 11 (a) doing a thing mentioned in subsection (1)-- 12 (i) under a Treasurer's approval; or 13 (ii) for entering into a derivative transaction under 14 part 5, division 6; or 15 (b) making an investment under an express power under 16 another Act. 17 (4) For subsection (3)(b), a department does not have an express 18 power to make an investment merely because the other Act 19 states that the department has-- 20 (a) the powers of a corporation or individual; or 21 (b) the power generally to enter into contracts; or 22 (c) the power to do all things necessary or convenient for, or 23 in connection with, the performance of the department's 24 functions. 25 88 Treasurer's approval to form, or become a member of, a 26 company 27 (1) A department may do any of the following only under a 28 Treasurer's approval-- 29 (a) form, or participate in the formation of, a company; 30 (b) become a parent entity in relation to a company; 31 Page 65

 


 

Financial Accountability Bill 2008 Part 6 Other provisions [s 89] (c) become a member of a company. 1 (2) The Treasurer may give an approval for subsection (1) only if 2 the department has developed a business case that satisfies the 3 Treasurer that a company is the appropriate vehicle for the 4 purpose for which the approval is required. 5 Part 6 Other provisions 6 89 Comments or cost estimates during election period 7 (1) Subsection (2) applies to a public service employee of the 8 treasury department (a treasury employee), in the treasury 9 employee's official capacity, during the election period for a 10 general election. 11 (2) The treasury employee may not give oral or written comments 12 or cost estimates, relating to the policy proposals of a political 13 party or candidate for election, to anyone other than another 14 treasury employee. 15 (3) Subsection (2) applies unless the treasury employee is 16 specifically authorised under another Act to give the 17 comments or estimates. 18 (4) This section is to be read with the Electoral Act 1992. 19 90 Regulation-making power 20 (1) The governor in council may make regulations under this Act. 21 (2) Without limiting subsection (1), a regulation may create 22 offences and prescribe penalties of not more than 5 penalty 23 units for the offences. 24 Page 66

 


 

Financial Accountability Bill 2008 Part 7 Repeal and transitional provisions [s 91] Part 7 Repeal and transitional 1 provisions 2 Division 1 Repeal 3 91 Repeal 4 The Financial Administration and Audit Act 1977, No. 10 is 5 repealed. 6 Division 2 Transitional provisions 7 92 Definitions for div 2 8 In this division-- 9 commencement means commencement of the provision in 10 which the term is used. 11 repealed Act means the Financial Administration and Audit 12 Act 1977. 13 93 References to repealed Act 14 In an Act or document, a reference to the repealed Act may, if 15 the context permits, be taken to be a reference to this Act. 16 94 References to Treasury investment suspense account 17 and financial institution account 18 (1) A reference in an Act or document to the Treasury investment 19 suspense account is taken to be a reference to the treasury 20 offset account. 21 (2) A reference in an Act or document to the Treasury investment 22 suspense financial institution account or TISFIA is taken be a 23 reference to the treasury offset bank account. 24 Page 67

 


 

Financial Accountability Bill 2008 Part 7 Repeal and transitional provisions [s 95] 95 Exemptions from complying with financial management 1 standards 2 An exemption from complying with all or part of a financial 3 management standard, granted by the Treasurer under section 4 46LC of the repealed Act, lapses on the commencement. 5 96 Continuing funds 6 (1) On the commencement-- 7 (a) the continuing funds mentioned in schedule 2, column 2 8 are closed; and 9 (b) moneys remaining in a continuing fund mentioned in 10 column 2 are transferred to a departmental account of 11 the department mentioned opposite the fund in schedule 12 2, column 1. 13 (2) In this section-- 14 continuing fund means a continuing fund continued in 15 existence under section 29 of the repealed Act. 16 97 Treasurer's unclaimed moneys fund 17 (1) Until 30 June 2010-- 18 (a) the Treasurer's unclaimed moneys fund, kept under 19 section 46 of the repealed Act, continues in existence 20 under this Act; and 21 (b) despite the repeal of the repealed Act, section 46 as in 22 force immediately before the commencement continues 23 to apply to the fund. 24 (2) On 1 July 2010-- 25 (a) the Treasurer's unclaimed moneys fund is closed; and 26 (b) moneys remaining in the fund are transferred to the 27 consolidated fund. 28 Page 68

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 98] Part 8 Amendment of Government 1 Owned Corporations Act 1993 2 Division 1 Preliminary 3 98 Act amended in pt 8 4 This part amends the Government Owned Corporations Act 5 1993. 6 Division 2 Amendments other than 7 amendments of schedule 4 8 99 Amendment of s 93 (Appointment of chief executive 9 officer--particular subsidiaries) 10 (1) Section 93(1)-- 11 omit, insert-- 12 `(1) This section applies to a GOC subsidiary that is not a 13 prescribed GOC subsidiary. 14 Note-- 15 Schedule 4 provides for the appointment of a chief executive officer for 16 a prescribed GOC subsidiary.'. 17 (2) Section 93-- 18 insert-- 19 `(4) In this section-- 20 `prescribed GOC subsidiary means a GOC subsidiary 21 prescribed under a regulation under section 155.'. 22 100 Replacement of s 118 (Application of Financial 23 Administration and Audit Act) 24 Section 118-- 25 Page 69

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 101] omit, insert-- 1 `118 Application of Financial Accountability Act 2008 2 `(1) Subsection (2) applies to the provisions of the Financial 3 Accountability Act 2008 (the FA Act) that-- 4 (a) relate to the preparation, giving to the appropriate 5 Minister and tabling of annual reports; and 6 (b) are prescribed under a regulation for this section. 7 `(2) The provisions apply to a GOC and a prescribed GOC 8 subsidiary with the changes prescribed under the regulation. 9 `(3) Also, section 26 of the FA Act applies to a GOC and a 10 prescribed GOC subsidiary. 11 `(4) The provisions of the FA Act, that apply under subsection (2) 12 or (3), apply to a GOC or a prescribed GOC subsidiary as if-- 13 (a) it were a statutory body within the meaning of the FA 14 Act; and 15 (b) a reference in the FA Act to the appropriate Minister 16 were a reference-- 17 (i) for a GOC--to the GOC's shareholding Ministers; 18 or 19 (ii) for a prescribed GOC subsidiary--to the 20 shareholding Ministers of each GOC that is a 21 shareholder of the subsidiary. 22 `(5) The remaining provisions of the FA Act do not apply to a 23 GOC. 24 `(6) In this section-- 25 prescribed GOC subsidiary means a GOC subsidiary 26 prescribed under a regulation for this section.'. 27 101 Amendment of s 132 (GOC's financial statements must 28 state dividend payable) 29 Section 132, `Financial Administration and Audit Act 1977'-- 30 Page 70

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 102] omit, insert-- 1 `Financial Accountability Act 2008'. 2 102 Replacement of s 155 (Application of chapter to certain 3 GOC subsidiaries) 4 Section 155-- 5 omit, insert-- 6 `155 Application of chapter to certain GOC subsidiaries 7 `(1) The provisions of this chapter mentioned in schedule 4 apply 8 to a prescribed GOC subsidiary-- 9 (a) with the changes prescribed by the schedule; and 10 (b) as if the prescribed GOC subsidiary were a GOC. 11 `(2) In this section-- 12 prescribed GOC subsidiary means a GOC subsidiary 13 prescribed under a regulation for this section.'. 14 103 Omission of sch 3 (Application of FA & A Act to GOCs 15 and prescribed GOC subsidiaries) 16 Schedule 3-- 17 omit. 18 Division 3 Amendments of schedule 4 19 104 Amendment of sch 4, hdg (Application of chapter 3 of Act 20 to GOC subsidiaries) 21 Schedule 4, heading, `GOC subsidiaries'-- 22 omit, insert-- 23 `prescribed GOC subsidiaries'. 24 Page 71

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 105] 105 Amendment of sch 4, s 1 (Purpose) 1 Schedule 4, section 1(a), `GOC subsidiaries'-- 2 omit, insert-- 3 `prescribed GOC subsidiaries'. 4 106 Amendment of sch 4, s 2 (Definitions) 5 Schedule 4, section 2, definition GOC subsidiary-- 6 omit, insert-- 7 `prescribed GOC subsidiary means a GOC subsidiary 8 prescribed under a regulation under section 155 of the Act.'. 9 107 Amendment of sch 4, s 3 (Application of ch 3 of the Act to 10 GOC subsidiaries) 11 (1) Schedule 4, section 3, heading, `GOC subsidiaries'-- 12 omit, insert-- 13 `prescribed GOC subsidiaries'. 14 (2) Section 3(1), `GOC subsidiary'-- 15 omit, insert-- 16 `prescribed GOC subsidiary'. 17 108 Amendment of sch 4, pt 2, hdg (Provisions of chapter 3 of 18 Act as applied to GOC subsidiaries) 19 Schedule 4, part 2, heading, `GOC subsidiaries'-- 20 omit, insert-- 21 `prescribed GOC subsidiaries'. 22 109 Replacement of sch 4, pt 2, ch 3, hdg (GOC subsidiaries) 23 Chapter 3, heading-- 24 Page 72

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 110] omit, insert-- 1 `Chapter 3 Prescribed GOC subsidiaries'. 2 110 Amendment of sch 4, s 75 (GOC subsidiary must be 3 proprietary company limited by shares) 4 (1) Schedule 4, section 75, heading, `GOC subsidiary'-- 5 omit, insert-- 6 `Prescribed GOC subsidiary'. 7 (2) Schedule 4, section 75, `A GOC subsidiary'-- 8 omit, insert-- 9 `A prescribed GOC subsidiary'. 10 111 Amendment of sch 4, s 76 (Application of Corporations 11 Act to GOC subsidiaries) 12 (1) Schedule 4, section 76, heading, `to GOC subsidiaries'-- 13 omit, insert-- 14 `to prescribed GOC subsidiaries'. 15 (2) Schedule 4, section 76, `a GOC subsidiary'-- 16 omit, insert-- 17 `a prescribed GOC subsidiary'. 18 112 Amendment of sch 4, s 77 (GOC subsidiary not exempt 19 public authority) 20 (1) Schedule 4, section 77, heading, `GOC subsidiary'-- 21 omit, insert-- 22 `Prescribed GOC subsidiary'. 23 (2) Schedule 4, section 77, `A GOC subsidiary'-- 24 omit, insert-- 25 `A prescribed GOC subsidiary'. 26 Page 73

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 113] 113 Amendment of sch 4, s 78 (Shareholders of a GOC 1 subsidiary) 2 (1) Schedule 4, section 78, heading, `a GOC subsidiary'-- 3 omit, insert-- 4 `a prescribed GOC subsidiary'. 5 (2) Section 78(1), `A GOC'-- 6 omit, insert-- 7 `A prescribed GOC'. 8 114 Amendment of sch 4, s 83 (Shareholding GOCs not 9 directors) 10 Schedule 4, section 83(1), `a GOC subsidiary'-- 11 omit, insert-- 12 `a prescribed GOC subsidiary'. 13 115 Amendment of sch 4, s 84 (Resolutions without 14 meetings) 15 Schedule 4, section 84(1), `a GOC subsidiary'-- 16 omit, insert-- 17 `a prescribed GOC subsidiary'. 18 116 Amendment of sch 4, s 88 (Role of board) 19 Schedule 4, section 88, `a GOC subsidiary's'-- 20 omit, insert-- 21 `a prescribed GOC subsidiary's'. 22 117 Amendment of sch 4, s 89 (Composition of board) 23 Schedule 4, section 89(1), `A GOC subsidiary's'-- 24 Page 74

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 118] omit, insert-- 1 `A prescribed GOC subsidiary's'. 2 118 Amendment of sch 4, s 90 (Public service officers not 3 eligible for appointment as directors) 4 Schedule 4, section 90(1), `GOC subsidiary'-- 5 omit, insert-- 6 `prescribed GOC subsidiary'. 7 119 Amendment of sch 4, s 92 (Appointment of chief 8 executive officer) 9 Schedule 4, section 92(1), `A GOC subsidiary's'-- 10 omit, insert-- 11 `A prescribed GOC subsidiary's'. 12 120 Amendment of sch 4, s 114 (Exercise of reserve power of 13 shareholding Ministers to notify GOC's board of public 14 sector policies) 15 Schedule 4, section 114(1), `a GOC subsidiary'-- 16 omit, insert-- 17 `a prescribed GOC subsidiary'. 18 121 Amendment of sch 4, s 115 (Exercise of reserve power of 19 shareholding Ministers to give directions in public 20 interest) 21 Schedule 4, section 115(1), `a GOC subsidiary'-- 22 omit, insert-- 23 `a prescribed GOC subsidiary'. 24 Page 75

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 122] 122 Amendment of sch 4, s 116 (Direction given following 1 notice of suspected insolvency) 2 Schedule 4, section 116(1)(a), `a GOC subsidiary'-- 3 omit, insert-- 4 `a prescribed GOC subsidiary'. 5 123 Amendment of sch 4, s 117 (Subsidiary and board not 6 otherwise subject to government direction) 7 Schedule 4, section 117, `a GOC'-- 8 omit, insert-- 9 `a prescribed GOC'. 10 124 Replacement of sch 4, s 118, hdg (Application of 11 Financial Administration and Audit Act) 12 Schedule 4, section 118, heading-- 13 omit, insert-- 14 `118 Application of Financial Accountability Act 2008'. 15 125 Amendment of sch 4, s 120 (Matters to be included in 16 annual report) 17 (1) Schedule 4, section 120(1), `a GOC subsidiary'-- 18 omit, insert-- 19 `a prescribed GOC subsidiary'. 20 (2) Schedule 4, section 120(2), `a GOC subsidiary's'-- 21 omit, insert-- 22 `a prescribed GOC subsidiary's'. 23 126 Amendment of sch 4, s 121 (Deletion of commercially 24 sensitive matters from annual report etc.) 25 (1) Schedule 4, section 121(1), `a GOC subsidiary's'-- 26 Page 76

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 127] omit, insert-- 1 `a prescribed GOC subsidiary's'. 2 (2) Schedule 4, section 121(2), `a GOC subsidiary'-- 3 omit, insert-- 4 `a prescribed GOC subsidiary'. 5 127 Amendment of sch 4, s 122 (Board to keep shareholding 6 Ministers informed) 7 Schedule 4, section 122(1) and (2), `a GOC subsidiary'-- 8 omit, insert-- 9 `a prescribed GOC subsidiary'. 10 128 Amendment of sch 4, s 125 (Notice of suspected 11 insolvency otherwise than because of direction or 12 notification) 13 Schedule 4, section 125(1)(a), `a GOC subsidiary'-- 14 omit, insert-- 15 `a prescribed GOC subsidiary'. 16 129 Amendment of sch 4, s 126 (General powers of GOC 17 subsidiaries) 18 (1) Schedule 4, section 126, heading, `of GOC subsidiaries'-- 19 omit, insert-- 20 `of prescribed GOC subsidiaries'. 21 (2) Schedule 4, section 126(1), `A GOC subsidiary'-- 22 omit, insert-- 23 `A prescribed GOC subsidiary'. 24 Page 77

 


 

Financial Accountability Bill 2008 Part 8 Amendment of Government Owned Corporations Act 1993 [s 130] 130 Amendment of sch 4, s 127 (Doctrine of ultra vires etc. 1 not revived) 2 Schedule 4, section 127(1), `a GOC'-- 3 omit, insert-- 4 `a prescribed GOC'. 5 131 Amendment of sch 4, s 138 (Reserve power of 6 shareholding Ministers to direct that asset not be 7 disposed of) 8 Schedule 4, section 138(1), `a company GOC subsidiary'-- 9 omit, insert-- 10 `a prescribed GOC subsidiary'. 11 132 Amendment of sch 4, s 154 (Relationship of GOC 12 subsidiaries with the State) 13 (1) Schedule 4, section 154, heading, `of GOC subsidiaries'-- 14 omit, insert-- 15 `of prescribed GOC subsidiaries'. 16 (2) Schedule 4, section 154(1), `A GOC subsidiary'-- 17 omit, insert-- 18 `A prescribed GOC subsidiary'. 19 133 Amendment of sch 4, s 155 (Application of chapter to 20 certain GOC subsidiaries) 21 Schedule 4, section 155, note-- 22 omit, insert-- 23 `Note-- 24 Section 155 provides for the application of chapter 3 of the Act with the 25 changes in this schedule to prescribed GOC subsidiaries.'. 26 Page 78

 


 

Financial Accountability Bill 2008 Part 9 Amendment of other Acts [s 134] 134 Amendment of sch 4, s 156 (Application of Crime and 1 Misconduct Act) 2 Schedule 4, section 156 `A GOC subsidiary'-- 3 omit, insert-- 4 `A prescribed GOC subsidiary'. 5 135 Amendment of sch 4, s 157 (Application of Ombudsman 6 Act 2001) 7 Schedule 4, section 157 `A GOC subsidiary'-- 8 omit, insert-- 9 `A prescribed GOC subsidiary'. 10 Part 9 Amendment of other Acts 11 136 Acts amended in sch 1 12 Schedule 1 amends the Acts it mentions. 13 Page 79

 


 

Financial Accountability Bill 2008 Schedule 1 Schedule 1 Consequential and minor 1 amendments of other Acts 2 section 136 3 Aboriginal and Torres Strait Islander Communities 4 (Justice, Land and Other Matters) Act 1984 5 1 Section 60U(2), `Financial Administration and Audit Act 6 1977'-- 7 omit, insert-- 8 `Auditor-General Act 2008'. 9 Aboriginal Land Act 1991 10 1 Section 137A, `Financial Administration and Audit Act 11 1977'-- 12 omit, insert-- 13 `Financial Accountability Act 2008'. 14 Acts Interpretation Act 1954 15 1 Section 36, definition consolidated fund-- 16 omit, insert-- 17 `consolidated fund means the consolidated fund established 18 under the Financial Accountability Act 2008, section 16.'. 19 Page 80

 


 

Financial Accountability Bill 2008 Schedule 1 Agricultural College Act 2005 1 1 Sections 12(1)(a), 13(3), 20E(1)(a) and 20E(2), `Financial 2 Administration and Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 2 Section 20E(2)(b)-- 6 omit, insert-- 7 `(b) the Financial Accountability Act 2008 is taken to require 8 the executive officer to consider the annual financial 9 statements and the auditor-general's report as soon as 10 practicable after they are received by the employing 11 office; and'. 12 3 Section 20E(2)(c), `section 46H of that Act'-- 13 omit, insert-- 14 `the Financial Accountability Act 2008'. 15 4 Section 20E(2)(c), `under section 93(4) of that Act'-- 16 omit. 17 Ambulance Service Act 1991 18 1 Sections 19(2), `Financial Administration and Audit Act 19 1977'-- 20 omit, insert-- 21 `Financial Accountability Act 2008'. 22 Page 81

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 19(7), definition departmental accounts, 1 `Financial Administration and Audit Act 1977, section 2 12'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 69'. 5 3 Section 19(7), definition departmental 6 financial-institution account, `Financial Administration 7 and Audit Act 1977, section 18'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 83'. 10 Anti-Discrimination Act 1991 11 1 Section 237, `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Anzac Day Act 1995 16 1 Section 5(2), `Financial Administration and Audit Act 17 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 82

 


 

Financial Accountability Bill 2008 Schedule 1 Appeal Costs Fund Act 1973 1 1 Section 5(9), definition departmental accounts, `Financial 2 Administration and Audit Act 1977, section 12'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 69'. 5 2 Section 5(9), definition departmental financial-institution 6 account, `Financial Administration and Audit Act 1977, 7 section 18'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 83'. 10 Architects Act 2002 11 1 Sections 104(1)(a) and 107, `Financial Administration and 12 Audit Act 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Bills of Sale and Other Instruments Act 1955 16 1 Section 18K(2), `Financial Administration and Audit Act 17 1977, section 106'-- 18 omit, insert-- 19 `Financial Accountability Act 2008, section 72'. 20 Page 83

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 18K(7), definition accountable officer, `Financial 1 Administration and Audit Act 1977'-- 2 omit, insert-- 3 `Financial Accountability Act 2008'. 4 Brisbane Forest Park Act 1977 5 1 Sections 40(2)(a) and 41, `Financial Administration and 6 Audit Act 1977'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 2 Section 40(4), definition departmental accounts, 10 `Financial Administration and Audit Act 1977, section 11 12'-- 12 omit, insert-- 13 `Financial Accountability Act 2008, section 69'. 14 3 Section 40(4), definition departmental 15 financial-institution account, `Financial Administration 16 and Audit Act 1977, section 18'-- 17 omit, insert-- 18 `Financial Accountability Act 2008, section 83'. 19 Page 84

 


 

Financial Accountability Bill 2008 Schedule 1 Building and Construction Industry (Portable Long 1 Service Leave) Act 1991 2 1 Section 31(2), `Financial Administration and Audit Act 3 1977, section 12'-- 4 omit, insert-- 5 `Financial Accountability Act 2008, section 69'. 6 2 Section 36(1), `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Casino Control Act 1982 11 1 Section 52(13), definition departmental accounts, 12 `Financial Administration and Audit Act 1977, section 13 12'-- 14 omit, insert-- 15 `Financial Accountability Act 2008, section 69'. 16 2 Section 52(13), definition departmental 17 financial-institution account, `Financial Administration 18 and Audit Act 1977, section 18'-- 19 omit, insert-- 20 `Financial Accountability Act 2008, section 83'. 21 Page 85

 


 

Financial Accountability Bill 2008 Schedule 1 Central Queensland University Act 1998 1 1 Section 50, `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Chiropractors Registration Act 2001 6 1 Sections 37(1), 38 and 197(2), `Financial Administration 7 and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 City of Brisbane Act 1924 11 1 Section 122, `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Auditor-General Act 2008'. 15 2 Section 126(5), `Financial Administration and Audit Act 16 1977, part 6, division 3'-- 17 omit, insert-- 18 `Auditor-General Act 2008'. 19 Page 86

 


 

Financial Accountability Bill 2008 Schedule 1 Commercial and Consumer Tribunal Act 2003 1 1 Section 143(1), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Commission for Children and Young People and Child 6 Guardian Act 2000 7 1 Sections 14(1)(b) and 163A, `Financial Administration and 8 Audit Act 1977'-- 9 omit, insert-- 10 `Financial Accountability Act 2008'. 11 Community Ambulance Cover Act 2003 12 1 Section 111, `Financial Administration and Audit Act 13 1977, section 106'-- 14 omit, insert-- 15 `Financial Accountability Act 2008, section 72'. 16 Page 87

 


 

Financial Accountability Bill 2008 Schedule 1 Constitution of Queensland 2001 1 1 Section 20(2), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Consumer Credit (Queensland) Act 1994 6 1 Section 3, definition annual report, `Financial 7 Administration and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 2 Section 51(4), definition departmental accounts, 11 `Financial Administration and Audit Act 1977, section 12 12'-- 13 omit, insert-- 14 `Financial Accountability Act 2008, section 69'. 15 3 Section 51(4), definition departmental 16 financial-institution account, `Financial Administration 17 and Audit Act 1977, section 18'-- 18 omit, insert-- 19 `Financial Accountability Act 2008, section 83'. 20 Page 88

 


 

Financial Accountability Bill 2008 Schedule 1 Contract Cleaning Industry (Portable Long Service 1 Leave) Act 2005 2 1 Section 43(1), `Financial Administration and Audit Act 3 1977'-- 4 omit, insert-- 5 `Financial Accountability Act 2008'. 6 Court Funds Act 1973 7 1 Section 5(4), definition departmental accounts, `Financial 8 Administration and Audit Act 1977, section 12'-- 9 omit, insert-- 10 `Financial Accountability Act 2008, section 69'. 11 2 Section 5(4), definition departmental financial-institution 12 account, `Financial Administration and Audit Act 1977, 13 section 18'-- 14 omit, insert-- 15 `Financial Accountability Act 2008, section 83'. 16 Crime and Misconduct Act 2001 17 1 Section 221A, `Financial Administration and Audit Act 18 1977'-- 19 omit, insert-- 20 `Financial Accountability Act 2008'. 21 Page 89

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 258(4), `Financial Administration and Audit Act 1 1977, part 6'-- 2 omit, insert-- 3 `Auditor-General Act 2008'. 4 Currumbin Bird Sanctuary Act 1976 5 1 Section 11(3), `Financial Administration and Audit Act 6 1977'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 Dental Technicians and Dental Prosthetists 10 Registration Act 2001 11 1 Sections 37(1), 38 and 201(2), `Financial Administration 12 and Audit Act 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Director of Public Prosecutions Act 1984 16 1 Section 32(2), `Financial Administration and Audit Act 17 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 90

 


 

Financial Accountability Bill 2008 Schedule 1 Education (Accreditation of Non-State Schools) Act 1 2001 2 1 Sections 103(9), 108(5) and 128, `Financial Administration 3 and Audit Act 1977'-- 4 omit, insert-- 5 `Financial Accountability Act 2008'. 6 Education (General Provisions) Act 2001 7 1 Sections 135(1), `Financial Administration and Audit Act 8 1977, section 74'-- 9 omit, insert-- 10 `Auditor-General Act 2008'. 11 2 Sections 413(2), `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 3 Schedule 4, definition annual report, `Financial 16 Administration and Audit Act 1977'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 Page 91

 


 

Financial Accountability Bill 2008 Schedule 1 Education (Queensland College of Teachers) Act 2005 1 1 Section 265, `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 2 Section 267, editor's note-- 6 omit. 7 3 Section 274, `Financial Administration and Audit Act 8 1977'-- 9 omit, insert-- 10 `Financial Accountability Act 2008'. 11 Education (Queensland Studies Authority) Act 2002 12 1 Section 21U(2) and 49, `Financial Administration and 13 Audit Act 1977'-- 14 omit, insert-- 15 `Financial Accountability Act 2008'. 16 2 Schedule 2, definition annual report, `Financial 17 Administration and Audit Act 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 92

 


 

Financial Accountability Bill 2008 Schedule 1 Electoral Act 1992 1 1 Section 20, `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Evidence Act 1977 6 1 Section 21KG(3), definition annual report, `Financial 7 Administration and Audit Act 1977, section 46J'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 63'. 10 Family Responsibilities Commission Act 2008 11 1 Section 30(1)(a) `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Page 93

 


 

Financial Accountability Bill 2008 Schedule 1 Family Services Act 1987 1 1 Section 13(2), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Auditor-General Act 2008'. 5 Fire and Rescue Service Act 1990 6 1 Section 20(6), `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 2 Section 20(7), definition departmental accounts, 11 `Financial Administration and Audit Act 1977, section 12 12'-- 13 omit, insert-- 14 `Financial Accountability Act 2008, section 69'. 15 3 Section 20(7), definition departmental 16 financial-institution account, `Financial Administration 17 and Audit Act 1977, section 18'-- 18 omit, insert-- 19 `Financial Accountability Act 2008, section 83'. 20 Page 94

 


 

Financial Accountability Bill 2008 Schedule 1 First Home Owner Grant Act 2000 1 1 Section 50, `Financial Administration and Audit Act 1977, 2 section 106'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 21'. 5 Fisheries Act 1994 6 1 Section 117(4)(a), `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 2 Section 117(6), definition departmental accounts, 11 `Financial Administration and Audit Act 1977, section 12 12'-- 13 omit, insert-- 14 `Financial Accountability Act 2008, section 69'. 15 3 Section 117(6), definition departmental 16 financial-institution account, `Financial Administration 17 and Audit Act 1977, section 18'-- 18 omit, insert-- 19 `Financial Accountability Act 2008, section 83'. 20 Page 95

 


 

Financial Accountability Bill 2008 Schedule 1 Food Production (Safety) Act 2000 1 1 Section 23(1)(a), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Forestry Plantations Queensland Act 2006 6 1 Sections 12(1)(h), 14 and 32(3), `FA&A Act'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 2 Part 2, division 3, subdivision 2, heading-- 10 omit, insert-- 11 `Subdivision 2 Application of Financial 12 Accountability Act 2008'. 13 3 Section 21(2), definition parent entity, `FA&A Act'-- 14 omit, insert-- 15 `Financial Accountability Act 2008'. 16 4 Section 23(2) and (3), `FA&A Act'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 5 Schedule 2, definition FA&A Act-- 20 omit. 21 Page 96

 


 

Financial Accountability Bill 2008 Schedule 1 6 Schedule 2, definition Finance Minister, `FA&A Act'-- 1 omit, insert-- 2 `Financial Accountability Act 2008'. 3 7 Schedule 2, definitions operational plan and strategic 4 plan, `FA&A Act'-- 5 omit, insert-- 6 `Financial Accountability Act 2008'. 7 8 Schedule 2, definitions operational plan and strategic 8 plan, note-- 9 omit. 10 Freedom of Information Act 1992 11 1 Section 39(2) and note, `Financial Administration and 12 Audit Act 1977, section 92'-- 13 omit, insert-- 14 `Auditor-General Act 2008'. 15 2 Section 101B(1), `Financial Administration and Audit Act 16 1977'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 3 Section 108AA(a), `Financial Administration and Audit 20 Act 1977'-- 21 omit, insert-- 22 `Auditor-General Act 2008'. 23 Page 97

 


 

Financial Accountability Bill 2008 Schedule 1 Funeral Benefit Business Act 1982 1 1 Section 9(7), definition departmental accounts, `Financial 2 Administration and Audit Act 1977, section 12'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 69'. 5 2 Section 9(7), definition departmental financial-institution 6 account, `Financial Administration and Audit Act 1977, 7 section 18'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 83'. 10 Future Growth Fund Act 2006 11 1 Sections 12(1)(a) and 13(3), `Financial Administration and 12 Audit Act 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Gaming Machine Act 1991 16 1 Section 316C(3), `Financial Administration and Audit Act 17 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 98

 


 

Financial Accountability Bill 2008 Schedule 1 2 Schedule, definition administered receipt, `Financial 1 Administration and Audit Act 1977, section 4(1)'-- 2 omit, insert-- 3 `Financial Accountability Act 2008, section 7(1)'. 4 3 Schedule, definition departmental accounts, `Financial 5 Administration and Audit Act 1977, section 12'-- 6 omit, insert-- 7 `Financial Accountability Act 2008, section 69'. 8 4 Schedule, definition departmental financial-institution 9 account, `Financial Administration and Audit Act 1977, 10 section 18'-- 11 omit, insert-- 12 `Financial Accountability Act 2008, section 83'. 13 Gene Technology Act 2001 14 1 Section 128(2), `Financial Administration and Audit Act 15 1977'-- 16 omit, insert-- 17 `Financial Accountability Act 2008'. 18 Page 99

 


 

Financial Accountability Bill 2008 Schedule 1 Grammar Schools Act 1975 1 1 Sections 6A(4)(f), 7(4C), 46C(3) and 46O(3), `Financial 2 Administration and Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 2 Section 19(3), `Financial Administration and Audit Act 6 1977, part 6'-- 7 omit, insert-- 8 `Auditor-General Act 2008'. 9 Griffith University Act 1998 10 1 Section 54, `Financial Administration and Audit Act 11 1977'-- 12 omit, insert-- 13 `Financial Accountability Act 2008'. 14 Guardianship and Administration Act 2000 15 1 Sections 207 and 221, `Financial Administration and 16 Audit Act 1977'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 Page 100

 


 

Financial Accountability Bill 2008 Schedule 1 Health Practitioner Registration Boards 1 (Administration) Act 1999 2 1 Sections 30(1) and 32, `Financial Administration and 3 Audit Act 1977'-- 4 omit, insert-- 5 `Financial Accountability Act 2008'. 6 2 Schedule, definition administrative and operational 7 support, paragraph (f), `Financial Administration and 8 Audit Act 1977'-- 9 omit, insert-- 10 `Financial Accountability Act 2008'. 11 Health Practitioners (Professional Standards) Act 12 1999 13 1 Sections 13(5), 264(1) and 393(2), `Financial 14 Administration and Audit Act 1977'-- 15 omit, insert-- 16 `Financial Accountability Act 2008'. 17 Health Quality and Complaints Commission Act 2006 18 1 Sections 171(1)(b), 172(1) and 176, `Financial 19 Administration and Audit Act 1977'-- 20 omit, insert-- 21 `Financial Accountability Act 2008'. 22 Page 101

 


 

Financial Accountability Bill 2008 Schedule 1 Health Services Act 1991 1 1 Sections 38F(1) and 62F(2), `Financial Administration and 2 Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Hospitals Foundation Act 1982 6 1 Section 44, `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Housing Act 2003 11 1 Section 10(2)-- 12 omit, insert-- 13 `(2) The Financial Accountability Act 2008 applies to the fund.'. 14 2 Section 10(5)(a) and (8), `Financial Administration and 15 Audit Act 1977'-- 16 omit, insert-- 17 `Financial Accountability Act 2008'. 18 Page 102

 


 

Financial Accountability Bill 2008 Schedule 1 3 Section 10(9), definition departmental accounts, 1 `Financial Administration and Audit Act 1977, section 2 12'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 69'. 5 4 Section 13(2)-- 6 omit, insert-- 7 `(2) Subsection (1) applies despite the Financial Accountability 8 Act 2008, section 87.'. 9 5 Schedule 3, definition departmental financial-institution 10 account, `Financial Administration and Audit Act 1977, 11 section 18'-- 12 omit, insert-- 13 `Financial Accountability Act 2008, section 83'. 14 Iconic Queensland Places Act 2008 15 1 Section 38(3), `Financial Administration and Audit Act 16 1977'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 Page 103

 


 

Financial Accountability Bill 2008 Schedule 1 Industrial Development Act 1963 1 1 Section 10(3), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 2 Section 10(5), definition departmental accounts, 6 `Financial Administration and Audit Act 1977, section 7 12'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 69'. 10 3 Section 10(5), definition departmental 11 financial-institution account, `Financial Administration 12 and Audit Act 1977, section 18'-- 13 omit, insert-- 14 `Financial Accountability Act 2008, section 83'. 15 Industrial Relations Act 1999 16 1 Sections 242B, 255B and 339X, `Financial Administration 17 and Audit Act 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 104

 


 

Financial Accountability Bill 2008 Schedule 1 Interactive Gambling (Player Protection) Act 1998 1 1 Section 116(3), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 James Cook University Act 1997 6 1 Section 50, `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Keno Act 1996 11 1 Section 113(2), `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Page 105

 


 

Financial Accountability Bill 2008 Schedule 1 Land Act 1994 1 1 Section 90, `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Land and Resources Tribunal Act 1999 6 1 Section 77(1), `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Land Protection (Pest and Stock Route Management) 11 Act 2002 12 1 Section 210(5), definition departmental accounts, 13 `Financial Administration and Audit Act 1977, section 14 12'-- 15 omit, insert-- 16 `Financial Accountability Act 2008, section 69'. 17 2 Section 210(5), definition departmental 18 financial-institution account, `Financial Administration 19 and Audit Act 1977, section 18'-- 20 omit, insert-- 21 `Financial Accountability Act 2008, section 83'. 22 Page 106

 


 

Financial Accountability Bill 2008 Schedule 1 3 Section 216(1), `Financial Administration and Audit Act 1 1977'-- 2 omit, insert-- 3 `Financial Accountability Act 2008'. 4 Legacy Trust Fund Act 2001 5 1 Schedule, definition controlled receipt, `Financial 6 Administration and Audit Act 1977, section 4(2)'-- 7 omit, insert-- 8 `Financial Accountability Act 2008, section 7(2)'. 9 2 Schedule, definition fund, `Financial Administration and 10 Audit Act 1977'-- 11 omit, insert-- 12 `Financial Accountability Act 2008'. 13 Legal Aid Queensland Act 1997 14 1 Section 42(3)(b)(i), `Financial Administration and Audit 15 Act 1977'-- 16 omit, insert-- 17 `Financial Accountability Act 2008'. 18 Page 107

 


 

Financial Accountability Bill 2008 Schedule 1 Legal Profession Act 2007 1 1 Section 288(5)-- 2 omit, insert-- 3 `(5) For the Financial Accountability Act 2008, the amounts 4 received for the fund are not received or held for the State. 5 Note-- 6 The amounts are non-public moneys under the Financial Accountability 7 Act 2008.'. 8 2 Section 288(7), definition departmental accounts, 9 `Financial Administration and Audit Act 1977, section 10 12'-- 11 omit, insert-- 12 `Financial Accountability Act 2008, section 69'. 13 3 Section 288(7), definition departmental 14 financial-institution account, `Financial Administration 15 and Audit Act 1977, section 18'-- 16 omit, insert-- 17 `Financial Accountability Act 2008, section 83'. 18 4 Section 365(1), `Financial Administration and Audit Act 19 1977, section 73'-- 20 omit, insert-- 21 `Auditor-General Act 2008'. 22 5 Section 365(4), `Financial Administration and Audit Act 23 1977, part 6'-- 24 omit, insert-- 25 `Auditor-General Act 2008'. 26 Page 108

 


 

Financial Accountability Bill 2008 Schedule 1 6 Sections 661(4) and 682(1), `Financial Administration and 1 Audit Act 1977'-- 2 omit, insert-- 3 `Financial Accountability Act 2008'. 4 Libraries Act 1988 5 1 Section 2, definitions operational plan and strategic plan, 6 `part 2 of'-- 7 omit. 8 2 Section 2, definition standard-- 9 omit, insert-- 10 `standard means a financial and performance management 11 standard under the Financial Accountability Act 2008.'. 12 3 Sections 53 and 77(1), `Financial Administration and 13 Audit Act 1977'-- 14 omit, insert-- 15 `Financial Accountability Act 2008'. 16 Liens on Crops of Sugar Cane Act 1931 17 1 Section 7Q(2), `Financial Administration and Audit Act 18 1977, section 106'-- 19 omit, insert-- 20 `Financial Accountability Act 2008, section 72'. 21 Page 109

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 7Q(7), definition accountable officer, `Financial 1 Administration and Audit Act 1977'-- 2 omit, insert-- 3 `Financial Accountability Act 2008'. 4 Local Government Act 1993 5 1 Section 682, heading, `Financial Administration and Audit 6 Act'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 2 Section 682(1), `Financial Administration and Audit Act 10 1977'-- 11 omit, insert-- 12 `Financial Accountability Act 2008'. 13 3 Schedule 2, definition auditor-general, `Financial 14 Administration and Audit Act 1977'-- 15 omit, insert-- 16 `Auditor-General Act 2008'. 17 Lotteries Act 1997 18 1 Section 99A(2), `Financial Administration and Audit Act 19 1977'-- 20 omit, insert-- 21 `Financial Accountability Act 2008'. 22 Page 110

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 131A(7)(b), `Financial Administration and Audit 1 Act 1977, section 46(3)'-- 2 omit, insert-- 3 `Financial Accountability Act 2008, section 97'. 4 3 Section 131A(8), definition Treasurer's unclaimed 5 moneys fund, `Financial Administration and Audit Act 6 1977, section 46'-- 7 omit, insert-- 8 `Financial Accountability Act 2008, section 97'. 9 Major Sports Facilities Act 2001 10 1 Sections 26(1)(a) and 30AH(1)(a) and (2), `Financial 11 Administration and Audit Act 1977'-- 12 omit, insert-- 13 `Financial Accountability Act 2008'. 14 2 Section 30AH(2)(b)-- 15 omit, insert-- 16 `(b) the Financial Accountability Act 2008 is taken to require 17 the executive officer to consider the annual financial 18 statements and the auditor-general's report as soon as 19 practicable after they are received by the employing 20 office; and'. 21 3 Section 30AH(2)(c), `section 46H of that Act'-- 22 omit, insert-- 23 `the Financial Accountability Act 2008'. 24 Page 111

 


 

Financial Accountability Bill 2008 Schedule 1 Maritime Safety Queensland Act 2002 1 1 Section 13(6), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 2 Section 13(7), definition departmental accounts, 6 `Financial Administration and Audit Act 1977, section 7 12'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 69'. 10 3 Section 13(7), definition departmental 11 financial-institution account, `Financial Administration 12 and Audit Act 1977, section 18'-- 13 omit, insert-- 14 `Financial Accountability Act 2008, section 83'. 15 Medical Board (Administration) Act 2006 16 1 Sections 30(1) and 32, `Financial Administration and 17 Audit Act 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 112

 


 

Financial Accountability Bill 2008 Schedule 1 2 Schedule 2, definition administrative and operational 1 support, paragraph (f), `Financial Administration and 2 Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Medical Practitioners Registration Act 2001 6 1 Sections 37(1), 38 and 258(2), `Financial Administration 7 and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Medical Radiation Technologists Registration Act 11 2001 12 1 Sections 37(1), 38 and 212(2), `Financial Administration 13 and Audit Act 1977'-- 14 omit, insert-- 15 `Financial Accountability Act 2008'. 16 Metropolitan Water Supply and Sewerage Act 1909 17 1 Section 4, definition audit office, `Financial 18 Administration and Audit Act 1977, section 47(2)'-- 19 omit, insert-- 20 `Auditor-General Act 2008'. 21 Page 113

 


 

Financial Accountability Bill 2008 Schedule 1 Mineral Resources Act 1989 1 1 Section 322(3), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Auditor-General Act 2008'. 5 Motor Accident Insurance Act 1994 6 1 Sections 12(7) and 19(1), `Financial Administration and 7 Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Motor Vehicles and Boats Securities Act 1986 11 1 Section 28(2), `Financial Administration and Audit Act 12 1977, section 106'-- 13 omit, insert-- 14 `Financial Accountability Act 2008, section 72'. 15 2 Section 28(5), definition accountable officer, `Financial 16 Administration and Audit Act 1977'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 Page 114

 


 

Financial Accountability Bill 2008 Schedule 1 3 Section 30(5), `Financial Administration and Audit Act 1 1977, section 106'-- 2 omit, insert-- 3 `Financial Accountability Act 2008, section 72'. 4 Mt. Gravatt Showgrounds Act 1988 5 1 Section 16(1), `Financial Administration and Audit Act 6 1977'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 National Environment Protection Council 10 (Queensland) Act 1994 11 1 Section 58, `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Auditor-General Act 2008'. 15 National Trust of Queensland Act 1963 16 1 Section 20(1)(a), `Financial Administration and Audit Act 17 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 115

 


 

Financial Accountability Bill 2008 Schedule 1 Nursing Act 1992 1 1 Section 42A(5), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Occupational Therapists Registration Act 2001 6 1 Sections 37(1), 38 and 197(2), `Financial Administration 7 and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Ombudsman Act 2001 11 1 Section 84(a), `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Auditor-General Act 2008'. 15 2 Section 87(1)-- 16 omit, insert-- 17 `(1) For the application of the Financial Accountability Act 2008, 18 section 63 to the office, the appropriate Minister is the 19 Minister for the time being administering this section.'. 20 Page 116

 


 

Financial Accountability Bill 2008 Schedule 1 3 Section 87(2), `Financial Administration Act, section 1 39(1)'-- 2 omit, insert-- 3 `Financial Accountability Act 2008, section 63'. 4 4 Section 87(4)-- 5 omit. 6 5 Section 88(2), `Financial Administration and Audit Act 7 1977, part 2'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Optometrists Registration Act 2001 11 1 Sections 37(1), 38 and 197(2), `Financial Administration 12 and Audit Act 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Osteopaths Registration Act 2001 16 1 Sections 37(1), 38 and 197(2), `Financial Administration 17 and Audit Act 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 117

 


 

Financial Accountability Bill 2008 Schedule 1 Parliament of Queensland Act 2001 1 1 Section 79, definition Annual Appropriation Act, 2 `Financial Administration and Audit Act 1977, section 3'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 6'. 5 2 Section 79, definition government financial documents, 6 `Financial Administration and Audit Act 1977'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 Petroleum and Gas (Production and Safety) Act 2004 10 1 Section 616(1), `Financial Administration and Audit Act 11 1977 (the FAA)'-- 12 omit, insert-- 13 `Auditor-General Act 2008'. 14 2 Section 616(1)(c), `section 85'-- 15 omit, insert-- 16 `section 46'. 17 3 Section 616(2), `FAA, sections 88 to 92 and 94'-- 18 omit, insert-- 19 `Auditor-General Act 2008, sections 49 to 53 and 55'. 20 Page 118

 


 

Financial Accountability Bill 2008 Schedule 1 4 Section 616(3), `FAA, sections 92 and 94'-- 1 omit, insert-- 2 `Auditor-General Act 2008, sections 53 and 55'. 3 5 Section 616(3)(a), `FAA'-- 4 omit, insert-- 5 `Auditor-General Act 2008'. 6 6 Section 616(3)(b), `section 92(2)(d)'-- 7 omit, insert-- 8 `section 53(2)'. 9 Pharmacists Registration Act 2001 10 1 Sections 38(1), 39 and 202(2), `Financial Administration 11 and Audit Act 1977'-- 12 omit, insert-- 13 `Financial Accountability Act 2008'. 14 Physiotherapists Registration Act 2001 15 1 Sections 37(1), 38 and 197(2), `Financial Administration 16 and Audit Act 1977'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 Page 119

 


 

Financial Accountability Bill 2008 Schedule 1 Podiatrists Registration Act 2001 1 1 Sections 37(1), 38 and 197(2), `Financial Administration 2 and Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Private Health Facilities Act 1999 6 1 Section 147(9), `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Professional Engineers Act 2002 11 1 Sections 104(1)(a) and 107, `Financial Administration and 12 Audit Act 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Page 120

 


 

Financial Accountability Bill 2008 Schedule 1 Professional Standards Act 2004 1 1 Section 42(3), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Prostitution Act 1999 6 1 Sections 108A, 108D(4) and 110A(a), `Financial 7 Administration and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Psychologists Registration Act 2001 11 1 Sections 37(1), 38 and 213(2), `Financial Administration 12 and Audit Act 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Page 121

 


 

Financial Accountability Bill 2008 Schedule 1 Public Health Act 2005 1 1 Sections 81(2), 109(2), 223(2), 241(2) and 454(2), 2 `Financial Administration and Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Public Service Act 2008 6 1 Section 22(4)(a), `Financial Administration and Audit Act 7 1977, sections 34 and 35B'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 65'. 10 2 Section 22(4)(b), `section 4A'-- 11 omit, insert-- 12 `section 8'. 13 3 Section 40(1), note-- 14 omit, insert-- 15 `Note-- 16 For management reviews of the audit office, see the Auditor-General 17 Act 2008.'. 18 4 Section 50, note-- 19 omit, insert-- 20 `Note-- 21 For rulings that are to specifically apply to the audit office, see also the 22 Auditor-General Act 2008.'. 23 Page 122

 


 

Financial Accountability Bill 2008 Schedule 1 5 Section 98(2), note, `Financial Administration and Audit 1 Act 1977, sections 49, 62 and 65'-- 2 omit, insert-- 3 `Auditor-General Act 2008.'. 4 6 Schedule 4, definitions audit office and auditor-general, 5 `Financial Administration and Audit Act 1977'-- 6 omit, insert-- 7 `Auditor-General Act 2008'. 8 Public Trustee Act 1978 9 1 Section 24(2), `Financial Administration and Audit Act 10 1977'-- 11 omit, insert-- 12 `Auditor-General Act 2008'. 13 Queensland Art Gallery Act 1987 14 1 Section 2, definitions operational plan and strategic plan, 15 `part 2 of'-- 16 omit. 17 2 Section 2, definition standard-- 18 omit, insert-- 19 `standard means a financial and performance management 20 standard under the Financial Accountability Act 2008.'. 21 Page 123

 


 

Financial Accountability Bill 2008 Schedule 1 3 Sections 53 and 57(1), `Financial Administration and 1 Audit Act 1977'-- 2 omit, insert-- 3 `Financial Accountability Act 2008'. 4 Queensland Building Services Authority Act 1991 5 1 Section 29H(1)(a) and (2), `Financial Administration and 6 Audit Act 1977'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 2 Section 29H(2)(b)-- 10 omit, insert-- 11 `(b) the Financial Accountability Act 2008 is taken to require 12 the executive officer to consider the annual financial 13 statements and the auditor-general's report as soon as 14 practicable after they are received by the employing 15 office; and'. 16 3 Section 29H(2)(c), `section 46H of that Act'-- 17 omit, insert-- 18 `the Financial Accountability Act 2008'. 19 4 Section 29H(2)(c), `section 93(4) of that Act'-- 20 omit, insert-- 21 `the Auditor-General Act 2008'. 22 Page 124

 


 

Financial Accountability Bill 2008 Schedule 1 5 Section 67A, definition approved security provider, 1 `under the Financial Management Standard 1997'-- 2 omit, insert-- 3 `under the Financial Accountability Act 2008'. 4 Queensland Competition Authority Act 1997 5 1 Sections 229(c) and 242, `Financial Administration and 6 Audit Act 1977'-- 7 omit, insert-- 8 `Financial Accountability Act 2008'. 9 Queensland Institute of Medical Research Act 1945 10 1 Section 13(1), `Financial Administration and Audit Act 11 1977'-- 12 omit, insert-- 13 `Financial Accountability Act 2008'. 14 Queensland Museum Act 1970 15 1 Section 2, definitions operational plan and strategic plan, 16 `part 2 of'-- 17 omit. 18 Page 125

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 2, definition standard-- 1 omit, insert-- 2 `standard means a financial and performance management 3 standard under the Financial Accountability Act 2008.'. 4 3 Sections 55 and 59(1), `Financial Administration and 5 Audit Act 1977'-- 6 omit, insert-- 7 `Financial Accountability Act 2008'. 8 Queensland Performing Arts Trust Act 1977 9 1 Section 2, definitions operational plan and strategic plan, 10 `part 2 of'-- 11 omit. 12 2 Section 2, definition standard-- 13 omit, insert-- 14 `standard means a financial and performance management 15 standard under the Financial Accountability Act 2008.'. 16 3 Sections 39 and 54, `Financial Administration and Audit 17 Act 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 126

 


 

Financial Accountability Bill 2008 Schedule 1 Queensland Theatre Company Act 1970 1 1 Section 2, definitions operational plan and strategic plan, 2 `part 2 of'-- 3 omit. 4 2 Section 2, definition standard-- 5 omit, insert-- 6 `standard means a financial and performance management 7 standard under the Financial Accountability Act 2008.'. 8 3 Sections 39 and 54, `Financial Administration and Audit 9 Act 1977'-- 10 omit, insert-- 11 `Financial Accountability Act 2008'. 12 Queensland University of Technology Act 1998 13 1 Section 49, `Financial Administration and Audit Act 14 1977'-- 15 omit, insert-- 16 `Financial Accountability Act 2008'. 17 Page 127

 


 

Financial Accountability Bill 2008 Schedule 1 Racing Act 2002 1 1 Section 60(2)(a), `Financial Administration and Audit Act 2 1977, section 78'-- 3 omit, insert-- 4 `Auditor-General Act 2008'. 5 2 Section 60(3), `section 78 of'-- 6 omit. 7 3 Section 60(4), `Financial Administration and Audit Act 8 1977, section 95'-- 9 omit, insert-- 10 `Auditor-General Act 2008'. 11 Racing Venues Development Act 1982 12 1 Section 16, `Financial Administration and Audit Act 13 1977'-- 14 omit, insert-- 15 `Financial Accountability Act 2008'. 16 Recreation Areas Management Act 2006 17 1 Section 230(2) and (5)(a), `Financial Administration and 18 Audit Act 1977'-- 19 omit, insert-- 20 `Financial Accountability Act 2008'. 21 Page 128

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 230(7), definition departmental accounts, 1 `Financial Administration and Audit Act 1977, section 2 12'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 69'. 5 3 Section 230(7), definition departmental 6 financial-institution account, `Financial Administration 7 and Audit Act 1977, section 18'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 83'. 10 Residential Tenancies Act 1994 11 1 Section 301, heading, `Financial Administration and Audit 12 Act'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 2 Sections 301 and 311E(1)(a) and (2), `Financial 16 Administration and Audit Act 1977'-- 17 omit, insert-- 18 `Financial Accountability Act 2008'. 19 3 Section 311E(2)(b)-- 20 omit, insert-- 21 `(b) the Financial Accountability Act 2008 is taken to require 22 the executive officer to consider the annual financial 23 statements and the auditor-general's report as soon as 24 practicable after they are received by the employing 25 office; and'. 26 Page 129

 


 

Financial Accountability Bill 2008 Schedule 1 4 Section 311E(2)(c), `section 46H of that Act'-- 1 omit, insert-- 2 `the Financial Accountability Act 2008'. 3 5 Section 311E(2)(c), `section 93(4) of that Act'-- 4 omit, insert-- 5 `the Auditor-General Act 2008'. 6 River Improvement Trust Act 1940 7 1 Sections 8(1) and 12A(3), `Financial Administration and 8 Audit Act 1977'-- 9 omit, insert-- 10 `Financial Accountability Act 2008'. 11 2 Section 20A(1), `Financial Administration and Audit Act 12 1977-- 13 omit, insert-- 14 `Auditor-General Act 2008'. 15 Rural and Regional Adjustment Act 1994 16 1 Section 9A(5)(a), `Financial Administration and Audit Act 17 1977, section 46J'-- 18 omit, insert-- 19 `Financial Accountability Act 2008, section 63'. 20 Page 130

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 16(1)(b), `Financial Administration and Audit Act 1 1977'-- 2 omit, insert-- 3 `Financial Accountability Act 2008'. 4 3 Section 23, heading, `Financial Administration and Audit 5 Act'-- 6 omit, insert-- 7 `Financial Accountability Act'. 8 4 Section 23(1), `Financial Administration and Audit Act 9 1977'-- 10 omit, insert-- 11 `Financial Accountability Act 2008'. 12 Solicitor-General Act 1985 13 1 Section 20(2), `Financial Administration and Audit Act 14 1977'-- 15 omit, insert-- 16 `Financial Accountability Act 2008'. 17 South Bank Corporation Act 1989 18 1 Section 31I(1)(a) and (2), `Financial Administration and 19 Audit Act 1977'-- 20 omit, insert-- 21 `Financial Accountability Act 2008'. 22 Page 131

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 31I(2)(b)-- 1 omit, insert-- 2 `(b) the Financial Accountability Act 2008 is taken to require 3 the executive officer to consider the annual financial 4 statements and the auditor-general's report as soon as 5 practicable after they are received by the employing 6 office; and'. 7 3 Section 31I(2)(c), `section 46H of that Act'-- 8 omit, insert-- 9 `the Financial Accountability Act 2008'. 10 4 Section 31I(2)(c), `section 93(4) of that Act'-- 11 omit, insert-- 12 `the Auditor-General Act 2008'. 13 5 Section 93, `Financial Administration and Audit Act 14 1977'-- 15 omit, insert-- 16 `Financial Accountability Act 2008'. 17 South East Queensland Water (Restructuring) Act 18 2007 19 1 Sections 34(1)(a), 44 and 101, `FAA Act'-- 20 omit, insert-- 21 `Financial Accountability Act 2008'. 22 Page 132

 


 

Financial Accountability Bill 2008 Schedule 1 2 Section 40, definition annual report, `FAA Act'-- 1 omit, insert-- 2 `Financial Accountability Act 2008'. 3 3 Section 54(4), definition profit, `FAA Act'-- 4 omit, insert-- 5 `Financial Accountability Act 2008'. 6 4 Schedule 3, definition FAA Act-- 7 omit. 8 5 Schedule 3, definition treasury department, `FAA Act, 9 part 2'-- 10 omit, insert-- 11 `Financial Accountability Act 2008'. 12 Speech Pathologists Registration Act 2001 13 1 Sections 37(1), 38 and 197(2), `Financial Administration 14 and Audit Act 1977'-- 15 omit, insert-- 16 `Financial Accountability Act 2008'. 17 Page 133

 


 

Financial Accountability Bill 2008 Schedule 1 State Development and Public Works Organisation 1 Act 1971 2 1 Section 123(2), `Financial Administration and Audit Act 3 1977'-- 4 omit, insert-- 5 `Financial Accountability Act 2008 and the Auditor-General 6 Act 2008'. 7 State Financial Institutions and Metway Merger 8 Facilitation Act 1996 9 1 Section 87(1), `Financial Administration and Audit Act 10 1977, section 92,'-- 11 omit, insert-- 12 `Auditor-General Act 2008'. 13 2 Section 87(4), definition protected information, `Financial 14 Administration and Audit Act 1977'-- 15 omit, insert-- 16 `Auditor-General Act 2008'. 17 Statutory Bodies Financial Arrangements Act 1982 18 1 Section 5(1)-- 19 omit, insert-- 20 `(1) This Act applies to statutory bodies. 21 Note-- 22 Page 134

 


 

Financial Accountability Bill 2008 Schedule 1 Part 2A sets out whether an entity is a statutory body. An entity that is a 1 statutory body within the meaning of another Act, for example, the 2 Financial Accountability Act 2008, is not necessarily a statutory body 3 under this Act.'. 4 2 Section 6(1)(i), `Financial Administration and Audit Act 5 1977, section 43'-- 6 omit, insert-- 7 `Financial Accountability Act 2008, section 53'. 8 Sugar Industry Act 1999 9 1 Section 251(3)-- 10 omit, insert-- 11 `(3) Subsection (2) is subject to the Auditor-General Act 2008.'. 12 Superannuation (State Public Sector) Act 1990 13 1 Section 3(3), `Financial Administration and Audit Act 14 1977'-- 15 omit, insert-- 16 `Financial Accountability Act 2008'. 17 Page 135

 


 

Financial Accountability Bill 2008 Schedule 1 Supreme Court of Queensland Act 1991 1 1 Section 119C(1), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Surveyors Act 2003 6 1 Sections 33(1) and 34, `Financial Administration and 7 Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Taxation Administration Act 2001 11 1 Sections 44 and 111(2)(f)(ii), `Financial Administration 12 and Audit Act 1977, section 106'-- 13 omit, insert-- 14 `Financial Accountability Act 2008, section 21'. 15 Page 136

 


 

Financial Accountability Bill 2008 Schedule 1 Torres Strait Islander Land Act 1991 1 1 Section 134A(1), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Tourism Queensland Act 1979 6 1 Section 29AH(1)(a) and (2), `Financial Administration and 7 Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 2 Section 29AH(2)(b)-- 11 omit, insert-- 12 `(b) the Financial Accountability Act 2008 is taken to require 13 the executive officer to consider the annual financial 14 statements and the auditor-general's report as soon as 15 practicable after they are received by the employing 16 office; and'. 17 3 Section 29AH(2)(c), `section 46H of that Act'-- 18 omit, insert-- 19 `the Financial Accountability Act 2008'. 20 4 Section 29AH(2)(c), `section 93(4) of that Act'-- 21 omit, insert-- 22 `the Auditor-General Act 2008'. 23 Page 137

 


 

Financial Accountability Bill 2008 Schedule 1 Townsville Breakwater Entertainment Centre Act 1991 1 1 Section 3, definition authorised auditor, `Financial 2 Administration and Audit Act 1977'-- 3 omit, insert-- 4 `Auditor-General Act 2008'. 5 Transport Infrastructure Act 1994 6 1 Sections 240B(8) and 480(4), `Financial Administration 7 and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Transport Operations (Passenger Transport) Act 1994 11 1 Section 80B(2), `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 2 Section 80B(5)-- 16 omit. 17 3 Section 80B(9), definition controlled statement of 18 financial position-- 19 omit. 20 Page 138

 


 

Financial Accountability Bill 2008 Schedule 1 4 Section 80B(9), definition departmental accounts, 1 `Financial Administration and Audit Act 1977, section 2 12'-- 3 omit, insert-- 4 `Financial Accountability Act 2008, section 69'. 5 5 Section 80B(9), definition departmental 6 financial-institution account, `Financial Administration 7 and Audit Act 1977, section 18'-- 8 omit, insert-- 9 `Financial Accountability Act 2008, section 83'. 10 Transport Operations (Translink Transit Authority) Act 11 2008 12 1 Sections 13(1)(a) and 45(5), `Financial Administration and 13 Audit Act 1977'-- 14 omit, insert-- 15 `Financial Accountability Act 2008'. 16 Transport Planning and Coordination Act 1994 17 1 Section 23(1), note, `Financial Administration and Audit 18 Act 1977, especially section 36'-- 19 omit, insert-- 20 `Financial Accountability Act 2008, especially section 61'. 21 Page 139

 


 

Financial Accountability Bill 2008 Schedule 1 University of Queensland Act 1998 1 1 Section 45, `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 University of Southern Queensland Act 1998 6 1 Section 49, `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 University of the Sunshine Coast Act 1998 11 1 Section 51, `Financial Administration and Audit Act 12 1977'-- 13 omit, insert-- 14 `Financial Accountability Act 2008'. 15 Page 140

 


 

Financial Accountability Bill 2008 Schedule 1 Urban Land Development Authority Act 2007 1 1 Sections 95(1)(b), 105(1)(c) and 134(4), `Financial 2 Administration and Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Veterinary Surgeons Act 1936 6 1 Section 4A(1)(b), `Financial Administration and Audit Act 7 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 Vocational Education, Training and Employment Act 11 2000 12 1 Sections 218J(1)(a), 218K(2) and (3), 220C(1)(c) and 220R, 13 `Financial Administration and Audit Act 1977'-- 14 omit, insert-- 15 `Financial Accountability Act 2008'. 16 2 Schedule 3, definition operational plan, `Financial 17 Administration and Audit Act 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 Page 141

 


 

Financial Accountability Bill 2008 Schedule 1 Wagering Act 1998 1 1 Section 169(2), `Financial Administration and Audit Act 2 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Water Act 2000 6 1 Section 344(1)(b) and 551(1), `Financial Administration 7 and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 2 Section 551(2)-- 11 omit, insert-- 12 `(2) However, provisions of the Financial Accountability Act 2008 13 relating to planning, special payments, evaluations of assets 14 and losses, other than losses resulting from an offence or 15 misconduct, do not apply to a category 1 water authority.'. 16 3 Section 609(e), `Financial Administration and Audit Act 17 1977'-- 18 omit, insert-- 19 `Financial Accountability Act 2008'. 20 4 Section 632(1)(a) and (2), `Financial Administration and 21 Audit Act 1977'-- 22 omit, insert-- 23 `Financial Accountability Act 2008'. 24 Page 142

 


 

Financial Accountability Bill 2008 Schedule 1 5 Section 632(2)(b)-- 1 omit, insert-- 2 `(b) the Financial Accountability Act 2008 is taken to require 3 the executive officer to consider the annual financial 4 statements and the auditor-general's report as soon as 5 practicable after they are received by the employing 6 office; and'. 7 6 Section 632(2)(c), `section 46H of that Act'-- 8 omit, insert-- 9 `the Financial Accountability Act 2008'. 10 7 Section 632(2)(c), `section 93(4) of that Act'-- 11 omit, insert-- 12 `the Auditor-General Act 2008'. 13 8 Schedule 4, definition annual report, `Financial 14 Administration and Audit Act 1977'-- 15 omit, insert-- 16 `Financial Accountability Act 2008'. 17 Water Supply (Safety and Reliability) Act 2008 18 1 Section 141(4)(b)(i), `Financial Administration and Audit 19 Act 1977 section 39'-- 20 omit, insert-- 21 `Financial Accountability Act 2008, section 63'. 22 Page 143

 


 

Financial Accountability Bill 2008 Schedule 1 Whistleblowers Protection Act 1994 1 1 Schedule 6, definitions annual report and public funds, 2 `Financial Administration and Audit Act 1977'-- 3 omit, insert-- 4 `Financial Accountability Act 2008'. 5 Workers' Compensation and Rehabilitation Act 2003 6 1 Sections 363(a), 454(a), 475H(1)(a) and (2), `Financial 7 Administration and Audit Act 1977'-- 8 omit, insert-- 9 `Financial Accountability Act 2008'. 10 2 Section 449(3)-- 11 omit, insert-- 12 `(3) Subsection (2) is subject to the Auditor-General Act 2008.'. 13 3 Section 475H(2)(b), `section 46G(4) of that Act'-- 14 omit, insert-- 15 `the Financial Accountability Act 2008'. 16 4 Section 475H(2)(c), `section 46H of that Act'-- 17 omit, insert-- 18 `the Financial Accountability Act 2008'. 19 Page 144

 


 

Financial Accountability Bill 2008 Schedule 1 5 Section 475H(2)(c), `section 93(4) of that Act'-- 1 omit, insert-- 2 `the Auditor-General Act 2008'. 3 Page 145

 


 

Financial Accountability Bill 2008 Schedule 2 Schedule 2 Continuing funds 1 section 96 2 Name of department Continuing fund Department of Justice and Crown Law Fund Attorney-General Department of Public Works Building Fund CITEC Fund Contract Management Fund Maintenance and Operations Fund Project Services Fund Property Management Fund Q-FLEET Fund Queensland Government Printing Office Fund Sales and Distribution Fund Page 146

 


 

Financial Accountability Bill 2008 Schedule 3 Schedule 3 Dictionary 1 section 4 2 accountable officer means the person who is, or is appointed 3 as, an accountable officer under section 65, 66 or 67. 4 administered items means items of expenditure of a 5 department-- 6 (a) for non-departmental services of the department; or 7 (b) for the acquisition of assets over which the department 8 has no control but which the department administers for 9 the State; or 10 (c) for the discharge of liabilities the department undertakes 11 to discharge for the State even though the liabilities 12 were not incurred by the department; or 13 (d) for other purposes for which the funds are merely 14 transferred through the departmental accounts of the 15 department even though the department is not 16 responsible for the purposes. 17 administered receipt see section 7(1). 18 annual appropriation Act see section 6(1). 19 annual appropriation Acts see section 6(4). 20 annual financial statements means-- 21 (a) for a department--general purpose financial statements; 22 and 23 (b) for a statutory body-- 24 (i) if the Treasurer decides the way in which the 25 financial statements for the statutory body are to be 26 prepared, financial statements prepared in that 27 way; or 28 (ii) otherwise--general purpose financial statements. 29 Page 147

 


 

Financial Accountability Bill 2008 Schedule 3 annual report means a report prepared and given under 1 section 63 to the appropriate Minister for a department or 2 statutory body. 3 appropriate Minister means-- 4 (a) for the department comprised of the Legislative 5 Assembly and parliamentary service--the Premier; or 6 (b) for the Office of the Governor--the Premier; or 7 (c) for any other department--the Minister administering 8 the department; or 9 (d) for a statutory body--the Minister administering the Act 10 under which the statutory body is established; or 11 (e) for an entity controlled by a department or statutory 12 body--the Minister administering matters connected 13 with the entity. 14 appropriation means an amount appropriated by an Act. 15 appropriation Act means an Act that authorises amounts to be 16 paid from the consolidated fund to departments in a financial 17 year. 18 auditor-general means the Queensland Auditor-General 19 under the Auditor-General Act 2008. 20 auditor-general's report see section 14(1). 21 chief finance officer see section 77(1). 22 consolidated fund means the consolidated fund continued in 23 existence under section 16. 24 consolidated fund account see section 17(1). 25 consolidated fund financial report see section 23(1). 26 consolidated whole-of-government financial statements see 27 section 25(1). 28 controlled receipt see section 7(2). 29 department-- 30 (a) generally--see section 8; or 31 (b) for part 3, division 4--see section 38. 32 Page 148

 


 

Financial Accountability Bill 2008 Schedule 3 departmental accounts see section 69(1). 1 departmental financial institution accounts see section 2 83(1). 3 departmental services means discrete services or other 4 products, including policy advice, delivered by a department. 5 derivative transaction see Statutory Bodies Financial 6 Arrangements Act 1982, the schedule. 7 equity adjustment, for a financial year, means either of the 8 following-- 9 (a) an equity injection to a department for the financial year, 10 including a negative amount; 11 (b) an equity withdrawal from a department for the financial 12 year, including a negative amount. 13 equity injection, to a department, means an amount provided 14 under an annual appropriation Act to the department for 15 increasing the State's net asset holding in the department. 16 equity withdrawal, from a department, means an amount 17 stated in an annual appropriation Act as the equity withdrawal 18 from the department. 19 expenditure means-- 20 (a) generally, the payment of moneys; and 21 (b) for ministerial offices, expenditure for the following-- 22 (i) salaries and related payments; 23 (ii) administrative costs; 24 (iii) capital expenses, including depreciation. 25 Examples for subparagraph (ii)-- 26 costs of communication, consumables, maintenance, rent, 27 travel 28 financial and performance management standard means a 29 standard made under section 57. 30 financial year means-- 31 Page 149

 


 

Financial Accountability Bill 2008 Schedule 3 (a) for an entity for which a period is stated as its financial 1 year by the Act under which the entity is established or 2 another law--the period; or 3 (b) otherwise--a period of 12 months beginning on 1 July. 4 full year report, see section 12(1)(b). 5 further 2 weeks, for a financial year, means the 14 days after 6 the end of the financial year. 7 further 4 weeks, for a financial year, means the 28 days after 8 the end of the financial year. 9 general purpose financial statements, for a department or 10 statutory body, means financial statements prepared by the 11 department or statutory body under the prescribed accounting 12 standards, to the extent the standards apply to the department 13 or statutory body. 14 half year report, see section 12(1)(a). 15 heading, for a department, means each of the following to 16 which the department's vote may be applied-- 17 (a) departmental services of the department; 18 (b) administered items of the department; 19 (c) equity adjustment of the department. 20 head of internal audit see section 78(1). 21 internal control means the methods adopted within an entity 22 to-- 23 (a) safeguard its assets; and 24 (b) check the accuracy and reliability of its accounting 25 information; and 26 (c) secure compliance with the prescribed requirements that 27 apply to the entity. 28 ministerial offices means the offices maintained for Ministers 29 and their staff. 30 moneys includes-- 31 (a) negotiable instruments; and 32 Page 150

 


 

Financial Accountability Bill 2008 Schedule 3 (b) securities of any kind for the payment of moneys. 1 moneys received from an investment includes-- 2 (a) moneys received as interest, or another form of earnings 3 on the investment, while the investment continues; and 4 (b) moneys received at the maturity of the investment or on 5 its liquidation. 6 negotiable instrument means an instrument ordering or 7 authorising the payment of moneys, if the instrument may be 8 lodged with a financial institution enabling the financial 9 institution to collect moneys payable on the instrument and 10 credit them to an account with the financial institution. 11 Examples of negotiable instruments-- 12 bills of exchange, payment orders, money orders and promissory notes 13 non-departmental services means discrete services or other 14 products including policy advice that, under an ordinary 15 annual appropriation Act, are delivered by a statutory body or 16 another entity that, under section 8(3), is part of a department. 17 non-public moneys means moneys received or held by the 18 Treasurer, an accountable officer or other officer or employee 19 of a department in the course of his or her official duties, but 20 not received or held for the State. 21 notice means written notice. 22 official secretary means the person holding the position of 23 official secretary of the Office of the Governor. 24 ordinary annual appropriation Act see section 6(2). 25 other property means property, other than public property and 26 non-public moneys, held by the Treasurer, an accountable 27 officer or another officer or employee of a department in the 28 course of his or her official duties. 29 other resources includes employees. 30 parent entity means an entity that controls another entity. 31 parliamentary annual appropriation Act see section 6(3). 32 parliamentary service means the parliamentary service 33 established by the Parliamentary Service Act 1988, section 23. 34 Page 151

 


 

Financial Accountability Bill 2008 Schedule 3 prescribed accounting standards see section 59(6). 1 prescribed requirements means requirements prescribed 2 under this Act, another Act or a financial and performance 3 management standard. 4 public moneys means-- 5 (a) moneys received or held by a person for the State; and 6 (b) moneys that, under this Act or another Act, are directed 7 to be paid to, or to form part of, the consolidated fund or 8 a departmental financial institution account, other than 9 non-public moneys. 10 public property means all property other than public moneys 11 and other property held by a person for or on behalf of the 12 State. 13 quarter, of a financial year starting on 1 July of the year, 14 means 1 of the following-- 15 1 July to 30 September in the year 16 1 October to 31 December in the year 17 1 January to 31 March in the year 18 1 April to 30 June in the year. 19 Queensland Investment Corporation means QIC Limited 20 ACN 130 539 123. 21 Queensland Treasury Corporation means the corporation 22 sole continued in existence under the Queensland Treasury 23 Corporation Act 1988, section 5. 24 receive includes collect. 25 special payments includes ex gratia expenditure and other 26 expenditure that is not under a contract. 27 statutory body see section 9. 28 Treasurer means-- 29 (a) as an individual--the Minister who administers this Act; 30 or 31 Page 152

 


 

Financial Accountability Bill 2008 Schedule 3 (b) otherwise--the corporation sole continued in existence 1 under section 53. 2 Treasurer's approval means an approval of the Treasurer 3 under part 3, division 4. 4 Treasurer's consolidated fund bank account see section 5 18(1). 6 Treasurer's consolidated fund investment account means the 7 account by that name mentioned in section 17(1)(b). 8 Treasurer's consolidated fund operating account means the 9 account by that name mentioned in section 17(1)(a). 10 Treasurer's general approval see section 40(1). 11 Treasurer's specific approval see section 41(1). 12 treasury department means the department in which this Act 13 is administered. 14 treasury offset account means the account established under 15 section 49(1)(a). 16 treasury offset bank account means the account established 17 under section 49(1)(b). 18 under-Treasurer means the chief executive of the treasury 19 department. 20 unforeseen expenditure see section 35(2). 21 vote, for a department, means the total amount appropriated 22 for the department by an annual appropriation Act adjusted, if 23 necessary, to take account of an amount paid under section 34. 25 24 State of Queensland 2008 Page 153

 


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