Historic Cultural Heritage Amendment Act 1997

Historic Cultural Heritage Amendment Act 1997

An Act to amend the Historic Cultural Heritage Act 1995

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Historic Cultural Heritage Amendment Act 1997 .

2.   Commencement

This Act commences on the day after the day on which it receives the Royal Assent.

3.   Principal Act

In this Act, the Historic Cultural Heritage Act 1995 is referred to as the Principal Act.

4.   Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended by omitting "place registered" from the definition of "registered place" and substituting "place entered".

5.    Section 6 amended (Constitution of Heritage Council)

Section 6 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(k) "Tasmanian Chapter of the Australian Tourism Industry Association" and substituting "Tourism Council of Australia (Tasmania Branch)";

(b) by inserting the following subsections after subsection (1) :

(1A)  If an association or a body referred to in subsection (1) changes its name, the Minister, by order, may amend that subsection by substituting the new name.

(1B)  If an association or a body referred to in subsection (1) ceases to exist, the Minister, on the recommendation of the Heritage Council, by order, may amend that subsection by substituting the name of an association or a body that the Minister is satisfied substantially represents the interests of that association or body.

6.    Sections 14A , 14B , 14C and 14D inserted

After section 14 of the Principal Act , the following sections are inserted in Part 3:

14A.   Accounting records

(1)  The Heritage Council is to keep accounting records that correctly record and explain its transactions and financial position.

(2)  The records are to be kept in a manner that –

(a) allows true and fair accounts of the Heritage Council to be prepared; and

(b) allows its accounts to be conveniently and properly audited or reviewed; and

(c) subject to any contrary direction of the Treasurer, complies with Australian Accounting Standards; and

(d) complies with any direction of the Minister.

14B.   Financial statements

(1)  Within 60 days after the end of the financial year, the Heritage Council is to –

(a) prepare the financial statements relating to that financial year; and

(b) provide the Auditor-General with those financial statements.

(2)  Financial statements are to contain any information the Treasurer may determine.

14C.   Audit

The accounting records and financial statements of the Heritage Council are subject to the Financial Management and Audit Act 1990 .

14D.   Opinion of Auditor-General

The Auditor-General is to provide the Heritage Council, the Minister and the Treasurer with a copy of his or her opinion in respect of the financial statements of the Heritage Council given under section 40 of the Financial Management and Audit Act 1990 .

7.    Section 97 amended (Listed places)

Section 97(1) of the Principal Act is amended by omitting "Within 6 months after this Act commences" and substituting "By 28 February 1998".

[Second reading presentation speech made in:

House of Assembly on 21 OCTOBER 1997

Legislative Council on 13 AUGUST 1997]