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Public Account Act 1986
An Act to make provision for, and with respect to, the Public Account of the State
[Royal Assent 20 May 1986]
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:
PART I - Preliminary
This Act may be cited as the Public Account Act 1986 .
This Act shall commence on 1st July 1986.
(1) In this Act, unless the contrary intention appears –Appropriation Act means an Act which authorizes the issue and application of any money from the Consolidated Fund to meet –(a) the cost of the ordinary annual services of the Government;(b) expenditure on public works or any property required for public purposes; or(c) the making of a loan authorized by law;the Consolidated Fund means the Consolidated Fund established under section 7 ;Government department means a Government department referred to in Column 1 of Schedule 1 to the Financial Management and Audit Act 1990 ;the Loan Fund means the Loan Fund formerly established under the repealed Act ;loan money means money borrowed (whether before or after the commencement of this Act) by, or on behalf of, the State;the Public Account means the Public Account of the State referred to in section 5 ;the repealed Act means the Public Account Act 1957 ;special appropriation means an appropriation from the Public Account –(a) to assist the Governor in the performance of his duties; or(b) for the Legislative Council; or(c) for the House of Assembly; or(d) for the Legislature-General as referred to in an Appropriation Act;special deposit account means a special deposit account established under section 13 within the Special Deposits and Trust Fund;the Special Deposits and Trust Fund means the Special Deposits and Trust Fund established under section 13 ;trust account means a trust account established under section 13 within the Special Deposits and Trust Fund.(2) For the purposes of this Act –(a) expenditure for recurrent services shall be deemed to be the cost of the ordinary annual services of the Government; and(b) expenditure for works and services shall be deemed to be –(i) expenditure on public works or property required for public purposes; or(ii) the making of a loan authorized by law.
(1) The provisions of this Act are in addition to, and not in derogation from, the provisions of the Financial Management and Audit Act 1990 and the Financial Agreement Act 1927 and this Act shall be construed accordingly.(2) Nothing in this Act authorizes –(a) the commencement of a public work contrary to section 16 of the Public Works Committee Act 1914 ;(b) . . . . . . . .(c) the commencement or continuation of any other work or undertaking contrary to any enactment requiring specific authority of Parliament for that work or undertaking.
For the purposes of this Act and of the Financial Management and Audit Act 1990 , the Public Account of the State consists of –(a) the Consolidated Fund; and(b) the Special Deposits and Trust Fund.
6. Investment of funds of the Public Account
(1) Money standing to the credit of the Public Account may be invested in such securities as may be approved by the Treasurer for the purpose.(2) Except where otherwise provided in this Act or any other Act, any interest that is received from the investment of money standing to the credit of the Public Account shall be paid by the Treasurer into the Consolidated Fund.
PART II - The Consolidated Fund
7. Establishment of the Consolidated Fund
There shall be established and kept in the Department an account to be known as the Consolidated Fund.
8. Consolidated Fund: Expenditure and revenue
(1) For the purposes of this Act, all expenditure from the Consolidated Fund shall be recorded as –(a) expenditure for recurrent services; or(b) expenditure for works and services.(2) Money shall not be drawn from the Consolidated Fund except under the authority of this Act or some other Act.(3) Every appropriation out of the Consolidated Fund for any financial year shall, subject to section 8A , lapse and cease to have any effect for any purpose at the close of that year.(4) The Treasurer shall cause to be opened such accounts as he may think necessary for the purpose of recording transactions in connection with the Consolidated Fund.(5) Except as otherwise provided by this or any other Act, there is to be credited to the Consolidated Fund the amounts of –(a) all revenue of the State; and(b) all money received by the Treasurer after the commencement of this Act in repayment of advances or loans made or money expended from the Loan Fund or out of money borrowed for the public purposes of the State under any Act; and(c) all money borrowed for the purposes of an Appropriation Act; and(d) all money received from the Commonwealth as a grant or loan towards the provision of capital works; and(e) all money received by the Treasurer from the sale of lands or other property belonging to the Crown, except a vehicle or vessel ordinarily used –or any other property that does not exceed in value such amount as may be prescribed; and(i) for the purposes of a Government department; or(ii) in the administration of a special appropriation –(ea) all money received from the provision of goods and services by a Government department or in the administration of a special appropriation unless the Treasurer determines otherwise; and(f) any other money as may be determined by the Treasurer.(5A) Any money which, pursuant to subsection (5) (e) or (5) (ea) , is not required to be credited to the Consolidated Fund is to be paid to an account in the Special Deposits and Trust Fund to be applied for such purposes and on such conditions as the Treasurer may approve.(6) There shall be kept in the Department an account of the capital liability of the State in respect of money borrowed by, or on behalf of, the State pursuant to the Financial Agreement or any Act.
8A. Transfers to Special Deposits and Trust Fund for certain purposes
(1) The Treasurer may direct that such amounts as may be required to provide for the payment of salaries for a 27th fortnightly pay period occurring in a future financial year are to be transferred from the Consolidated Fund to an account in the Special Deposits and Trust Fund.(2) Where there is an unexpended balance of any appropriation in a financial year, the Treasurer may direct that an amount not exceeding 3% of the total appropriation for the relevant Division in that financial year is to be transferred to an account in the Special Deposits and Trust Fund to be applied for such purposes and on such conditions as the Treasurer may approve.(3) Any expenditure from an account referred to in subsection (2) is to be made within the first 3 months of the following financial year or, with the approval of the Treasurer, before the end of that financial year.(4) Any amount that is not expended as provided by subsection (3) is to be paid back into the Consolidated Fund.(5) A transfer of money as provided by subsection (1) or (2) is taken to be a payment pursuant to the relevant item in the Schedule to an Appropriation Act for the relevant financial year.
9. Supporting statements with respect to Bills for Appropriation Acts
A Bill for an Appropriation Act in relation to a financial year shall be accompanied by a statement showing, with respect to that financial year, the total amounts of –(a) estimated receipts of a recurrent nature;(b) estimated receipts of a capital nature;(c) estimated expenditure for recurrent services; and(d) estimated expenditure for works and services; and(e) estimated borrowings by the Treasurer under the proposed Appropriation Act except borrowings for the purpose of refinancing any maturing debt.
10. Transfer of appropriations of Consolidated Fund
(1) Where in an Appropriation Act an amount that is specified opposite an item in a Division for recurrent services as estimated expenditure on that item proves to be deficient, the Treasurer may, by order, make good the deficiency out of any surplus arising, or saving effected, in relation to another item specified in that Division for recurrent services.(2) . . . . . . . .(3) Where, in an Appropriation Act, an amount that is specified as estimated expenditure for works and services proves to be deficient, the Treasurer may, by order, make good the deficiency out of any surplus arising, or saving effected, in relation to another item of expenditure for works and services.
(1) In this section –Commonwealth money to which this section applies means money that is granted or lent, or agreed to be granted or lent, to the State by the Commonwealth under an arrangement made between the State and Commonwealth with respect to the purposes for which that money may be expended, unless that money is money to which section 13 (7) (a) , (b) , or (c) applies.(2) Subject to this section, the Treasurer may, in any financial year, by order, issue and apply from the Consolidated Fund an amount not exceeding in total –for expenditure the need for which could not, in the opinion of the Treasurer, reasonably have been foreseen and which is essential for efficient financial administration.(a) an amount of $10 000 000;(b) if an additional amount is contingently appropriated by an Appropriation Act for the relevant financial year, that additional amount;(c) if Parliament has appropriated for that financial year any money for recurrent services and there is a surplus arising, or saving effected, from that appropriation which has not been applied to another item under section 10 (1) , the amount of that surplus or saving;(d) if Commonwealth money to which this section applies, additional to that estimated in a statement accompanying an Appropriation Act, is received from the Commonwealth in that financial year, the amount of that additional Commonwealth money; and(e) if receipts of a recurrent nature, additional to the total estimated receipts of a recurrent nature specified in a statement accompanying an Appropriation Act, are generated within that financial year, the amount of those additional receipts less the amount of any additional Commonwealth money referred to in paragraph (d) of a recurrent nature –(3) Subsection (2) does not authorize expenditure for a purpose other than a purpose mentioned in an Appropriation Act then in force unless the Governor has, in writing, approved of that expenditure.(4) Of the total amount available under subsection (2) (a) and (b) in a financial year, not more than one-third may be applied for purposes other than a purpose specified in the Schedule to an Appropriation Act for the financial year then current or, if there is no Appropriation Act then in force, an Appropriation Act for the preceding year.(5) An amount referred to in subsection (2) (a) , (b) , (c) or (e) may be applied only for expenditure for recurrent services.(6) The Consolidated Fund is, without further or other appropriation, appropriated to the extent necessary to provide an amount mentioned in subsection (2) (a) and to provide for the expenditure, pursuant to this section, of Commonwealth money to which this section applies.(7) All expenditure under this section in any financial year shall, before the close of the following financial year, be submitted to Parliament for its approval.(8) Nothing in this section affects the operation of section 16 of the Financial Management and Audit Act 1990 .
12. Special payments for expenditure for works and services
(1) After an Appropriation Act is passed in respect of a financial year, the Treasurer may, by order, with the approval of the Governor, determine that there shall be paid from the Consolidated Fund, in anticipation of appropriation by Parliament, such additional amounts as may be necessary in the public interest to provide for expenditure for works and services.(2) An amount authorized under subsection (1) as expenditure for works and services for a purpose other than a purpose specified in the Schedule to an Appropriation Act then in force shall not exceed $1 000 000 in the relevant financial year.(3) An order made under subsection (1) has no force or effect after the financial year to which it relates.(4) All expenditure under this section in any financial year shall, before the close of the following financial year, be submitted to Parliament for its approval.
The Treasurer shall –(a) as soon as practicable after the end of each financial year, prepare supplementary estimates of all expenditure from the Consolidated Fund that is authorized under section 10 , 11 or 12 ; and(b) cause those supplementary estimates to be laid before each House of Parliament within 14 sitting days of that House after they are prepared.
PART III - The Special Deposits and Trust Fund
13. Establishment of the Special Deposits and Trust Fund
(1) All money deposited with the Treasurer or otherwise held on trust by the Treasurer and such other money held by the Treasurer as he may direct, shall be kept in a separate fund to be called the Special Deposits and Trust Fund.(2) The Treasurer may establish special deposit accounts and trust accounts for any money kept in the Special Deposits and Trust Fund and define the purposes for which they are to be used.(3) The money standing to the credit of a special deposit account or trust account shall be deemed to be money standing to the credit of the Special Deposits and Trust Fund.(4) The Treasurer may direct that a special deposit account or trust account shall be closed and, on such a direction, after all liabilities relating to the account have been met, the account shall be closed.(5) The Treasurer may direct that any money standing to the credit of a special deposit account or trust account that is not required for the purposes of that account and the balance of money standing to the credit of a special deposit account or trust account closed under subsection (4) shall be credited to the Consolidated Fund.(6) The Treasurer may –(a) accept deposits of money belonging to, or appropriated or set aside for the use of, the Crown or of an authority of the State, and credit those deposits to an appropriate special deposit account or trust account; and(b) allow interest on those deposits at such rates as may be approved by the Treasurer.(7) The Treasurer may accept and credit to an appropriate special deposit account money granted or lent to the State by the Commonwealth that is –and may, without any authority other than this Act, issue and apply that money for the purposes for which it was granted or lent.(a) to be applied for specific purposes prescribed by or under a Commonwealth Act;(b) received by the State on condition that it will be applied for specific purposes; or(c) received by the State in accordance with an agreement made between the State and the Commonwealth with respect to the purposes for which that money may be spent –(8) The Treasurer shall not expend any money standing to the credit of the Special Deposits and Trust Fund except for the purposes of that Fund or under the authority of this Act or some other Act.
PART IV - Powers of Treasurer
14. Application out of the Public Account for advances to departments, &c.
(1) Subject to this section, the Treasurer may issue and apply out of the Public Account such amounts as may be required to provide –(a) advances to departments and authorities of the State, the accounts of which are kept in the relevant Department; and(b) special advances to departments and authorities of the State for specific purposes, pending adjustment when actual expenditure on those purposes is made.(2) An advance shall not be made under subsection (1) (a) unless –(a) Parliamentary sanction has been obtained for the expenditure for the purposes of which the advance is made; or(b) the expenditure is authorized under section 12 (1) of this Act or under section 16 of the Financial Management and Audit Act 1990 .(3) Unless otherwise sanctioned by the Treasurer, with the approval of the Auditor-General, all amounts that are issued and applied under subsection (1) shall, out of money provided by Parliament or under section 13 (7) to meet the expenditure, be refunded and paid back into the Public Account in the financial year in which that money is so provided.
14A. Power of Treasurer to meet current and accruing requirements
(1) The Treasurer may, in any financial year before the passing of an Appropriation Act for that year, issue and apply in accordance with this section such amounts as may be necessary to meet the current and accruing requirements for the year.(2) The authority of the Treasurer in respect of a financial year ceases on the passing of an Appropriation Act for or in respect of that financial year, and does not in any event extend beyond the first 2 months of that financial year.(3) On the passing of an Appropriation Act, all money issued and applied under this section shall be regarded and treated for all purposes as having been paid out of the supply granted by that Act under the appropriate divisions and heads of service.(4) A payment under this section shall be at such rates, and shall not in the whole exceed such an amount, as would be equivalent to the expenditure for the month of June of the immediately preceding financial year in respect of all salaries, pay, wages, allowances, contracts, supplies, services, rents and other charges, and of all ordinary contingencies of any Agency.(5) Where the estimates of expenditure for a financial year have been submitted to Parliament, and the rate of expenditure in those estimates is, in any case, lower for any service than the rate of expenditure authorized in the Appropriation Act for the last preceding financial year, a payment authorized by this section shall not exceed the lower rates.(6) The amount of any payments and advances made under this section is payable out of the Consolidated Fund.
15. Temporary application out of the Public Account to meet a deficit in the Consolidated Fund
(1) Where the annual statements prepared by the Treasurer pursuant to section 26 (1) of the Financial Management and Audit Act 1990 show a deficit in the Consolidated Fund for a financial year, the Treasurer may issue and apply temporarily out of the Public Account such amount as may be required to meet the whole or a part of that deficit.(2) The Treasurer shall, in the annual statements referred to in subsection (1) , include a statement showing the amount of the deficit, if any, referred to in that subsection.
16. Temporary borrowing pending receipts
(1) Where authority to pay money out of the Consolidated Fund has been granted by any Act and the money standing to the credit of the Consolidated Fund is, for the time being, insufficient to provide for that payment, the Governor may authorize the Treasurer to make arrangements for obtaining temporary advances (whether by way of overdraft or otherwise) in the State or elsewhere to an extent not exceeding, in any case, the amount by which the receipts of revenue, or, as the case may be, the available loan money, are or is for the time being insufficient to provide for that payment.(2) The interest or discount on a temporary advance under this section is chargeable to the Consolidated Fund which, to the necessary extent, is appropriated accordingly.(3) All amounts of money raised by a temporary advance under this section during a financial year for the purposes of subsection (1) shall be issued and applied solely for purposes for which the Consolidated Fund has been authorized to be issued and applied pursuant to any Act appropriating the supplies granted to the Crown for the service of that financial year or the following financial year.
PART V - Miscellaneous
In this Part, unless the contrary intention appears –the Consolidated Revenue Fund means the Consolidated Revenue Fund formerly established under the Consolidated Revenue Fund Act 1873 ;the Trust Fund means the Trust Fund formerly established under the repealed Act .
18. Copies of orders to be forwarded to Auditor-General
(1) The Treasurer shall, within 7 days after he makes an order under this Act, cause a copy of the order to be forwarded to the Auditor-General.(2) An order made by the Treasurer under this Act is not a statutory rule within the meaning of the Rules Publication Act 1953 .
19. Returns with details of orders to be laid before Parliament
The Treasurer shall cause to be laid before each House of Parliament, within 14 sitting days of that House after 31st March, 30th June, 30th September, and 31st December in each year, a return specifying details of each order made pursuant to section 10 (1) or (3) , 11 (2) , or 12 (1) during the preceding period of 3 months.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , the regulations may make provision for, or with respect to, matters of a transitional or savings nature consequent on the enactment of this Act.
21. Repeal of Public Account Act 1957
The Public Account Act 1957 is repealed.. . . . . . . .
23. References to Consolidated Revenue, Consolidated Revenue Fund, Loan Fund, and Trust Fund
A reference in any enactment, agreement, notice, or other document to the Consolidated Revenue, the Consolidated Revenue Fund, the Loan Fund, or the Trust Fund shall, if that enactment, agreement, certificate, notice, or other document was subsisting or in force immediately before the commencement of this Act –and that enactment, agreement, certificate, notice, or other document shall be construed and have effect accordingly.(a) in the case of a reference to the Consolidated Revenue, the Consolidated Revenue Fund, or the Loan Fund, be read after that day as a reference to the Consolidated Fund; or(b) in the case of a reference to the Trust Fund, be read after that day as a reference to the Special Deposits and Trust Fund –