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FINANCIAL MANAGEMENT AND AUDIT AMENDMENT BILL 2010
NOTES ON CLAUSES
Clause 1 The short title of the Act.
Clause 2 The Act commences on 16 June 2010, one day prior to the
Consolidated Fund Appropriation (No 2) Bill entering Parliament.
This retrospective commencement, prior to the receipt of Royal
Assent, is required as the Consolidated Fund Appropriation (No 2)
Bill relies on references to the Act.
Clause 3 The Principal Act, which this Bill amends, is the
Financial Management and Audit Act 1990.
Clause 4 Section 14 (2) of the Principal Act is amended to deem the Minister
administering the Director of Public Prosecutions Act 1973 (the
Attorney-General) to be the appropriate Minister for the purposes of
the Treasurer's Expenditure Control Authority (TECA). The TECA is
issued to the responsible Minister for each agency, authorising the
Head of Agency to incur expenditure from the Consolidated Fund to
the limit of the agency's appropriation.
Clause 5 Schedule 2 of the Principal Act is amended to deem the person
appointed as Director of Public Prosecutions, under section 4(1) of
the Director of Public Prosecutions Act 1973 to be the Head of
Agency of the Office of the Director of Public Prosecutions, for the
purposes of the Principal Act. This allows a TECA to be issued
authorising the Director of Public Prosecutions to incur expenditure
from the Consolidated Fund to the limit of the Office's appropriation,
to be specified in the Consolidated Fund Appropriation Bill (No 2).
Clause 6 Once the amendment is incorporated in the Principal Act on
commencement on 16 June 2010, the amending Act no longer
services a legislative purpose. As such, the amendment Act will be
repealed on the ninetieth day from its commencement on
16 June 2010.