Public Accounts Committee Amendment Act 1997

Public Accounts Committee Amendment Act 1997

An Act to amend the Public Accounts Committee Act 1970

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 Public Accounts Committee Amendment Act 1997 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Public Accounts Committee Act 1970 is referred to as the Principal Act.

4.    Section 1A inserted

After section 1 of the Principal Act , the following section is inserted:

1A.   Interpretation

In this Act, unless the contrary intention appears –

Agency has the same meaning as in the Tasmanian State Service Act 1984 ;

Appropriation Act has the same meaning as in section 36 of the Constitution Act 1934 ;

Committee means the Parliamentary Standing Committee of Public Accounts established under section 2(1) ;

Government Business Enterprise has the same meaning as in the Government Business Enterprises Act 1995 ;

public sector finances includes –

(a) any money forming part of, or payable to, the Consolidated Fund or an account in the Special Deposits and Trust Fund; and

(b) any money received by –

(i) an Agency; or

(ii) a Government Business Enterprise; or

(iii) a statutory authority; or

(iv) a local authority; and

(c) any expenditure which is made or authorised by –

(i) an Appropriation Act or any other Act; or

(ii) an Agency; or

(iii) a Government Business Enterprise; or

(iv) a statutory authority; or

(v) a local authority; and

(d) any liability for the satisfaction of which any expenditure by the Crown is, or may be, required;

statutory authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority and includes the governing authority of a statutory authority.

5.   Section 2 amended (Constitution of Committee)

Section 2(1) of the Principal Act is amended by omitting "Accounts, and that Committee is referred to in this Act as 'the Committee' " and substituting "Accounts".

6.    Section 4 amended (Proceedings of Committee)

Section 4 of the Principal Act is amended as follows:

(a) by omitting from subsection (8) "Subject to subsection (9) of this section, the" and substituting "The";

(b) by omitting subsection (9) .

7.    Section 6 substituted

Section 6 of the Principal Act is repealed and the following section is substituted:

6.   Functions of Committee

(1)  The Committee must inquire into, consider and report to the Parliament on any matter referred to the Committee by either House relating to –

(a) the management, administration or use of public sector finances; or

(b) the accounts of any public authority or other organisation controlled by the State or in which the State has an interest.

(2)  The Committee may inquire into, consider and report to the Parliament on –

(a) any matter arising in connection with public sector finances that the Committee considers appropriate; and

(b) any matter referred to the Committee by the Auditor-General.

8.   Section 7 amended (Evidence before Committee)

Section 7(3) of the Principal Act is amended by omitting "public" and "private" and substituting "private" and "public", respectively.

[Second reading presentation speech made in:

House of Assembly on 11 DECEMBER 1997

Legislative Council on 21 OCTOBER 1997]