South Australia
Public Finance and Audit (Treasurer's Instructions) Amendment Bill 2014
A Bill For
An Act to amend the Public Finance and Audit Act 1987.
Part 2—Amendment of Public Finance and Audit Act 1987
3—Amendment of section 4—Interpretation
Section 4(1)—after the definition of local government indemnity scheme insert:
property means real or personal property and includes—
(a) a chose in action; and
(b) a present, future or contingent right, privilege, interest or power;
4—Amendment of section 5—Receipt of public money
Section 5(c)—delete "real or personal"
5—Amendment of section 41—Treasurer's instructions
(1) Section 41(1)—after paragraph (e) insert:
(f) otherwise regulating matters related to the receipt, expenditure or investment of money, the acquisition or disposal of property, or the incurring of liabilities, by the Treasurer and public authorities.
(2) Section 41(4)—delete subsection (4) and substitute:
(4) Treasurer's instructions may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by the Australian Accounting Standards Board (established under the Australian Securities and Investments Commission Act 2001 of the Commonwealth), Standards Australia or a prescribed body, either as in force at the time the instructions are issued or as in force from time to time.
(5) If a code, standard or other document is referred to or incorporated in Treasurer's instructions, evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Treasurer to be a true copy of the code, standard or other document.
(6) Treasurer's instructions are to be interpreted as being consistent with an Act conferring functions or powers on a public authority if it is possible for the public authority to comply with both the Act and the Treasurer's instructions in the performance or exercise of the functions or powers.
(7) In particular, if an Act confers on a public authority power to enter a contract or manage or apply a fund or other powers relevant to the receipt, management or expenditure of money, the acquisition or disposal of property or the incurring of liabilities, the authority must, in exercising the power, comply with Treasurer's instructions (including by obtaining any approval required by the instructions) unless it is not possible for the authority to do so and to also comply with any requirements relating to the exercise of the power under the Act.