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AUDIT ACT 1994 - NOTES

Version No. 067

No. 2 of 1994
Version incorporating amendments as at
1 July 2021

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Version No. 067

Audit Act 1994

No. 2 of 1994

Version incorporating amendments as at
1 July 2021

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 19 November 1993

Legislative Council: 29 March 1994

The long title for the Bill for this Act was "A Bill to provide for the office of Auditor-General and the audit of public accounts, to amend, and repeal, the Audit Act 1958, to repeal or amend certain other Acts and for other purposes.".

The Audit Act 1994 was assented to on 27 April 1994 and came into operation as follows:

Part 1 (sections 13) on 27 April 1994: section 2(1); rest of Act on 1 July 1994: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Audit Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Local Government (Further Amendment) Act 1995, No. 33/1995

Assent Date:

6.6.95

Commencement Date:

All of Act (except ss 4, 5) on 6.6.95: s. 2(1); ss 4, 5 on 1.7.95: s. 2(2)

Current State:

All of Act in operation

Financial Management and Audit Acts (Amendment) Act 1995, No. 43/1995

Assent Date:

14.6.95

Commencement Date:

Ss 1114 on 14.6.95: s. 2(6)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:

16.12.97

Commencement Date:

Ss 9, 17, 21, 22 on 16.12.97: s. 2(1); ss 48, 1016, 1820, 23 on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Miscellaneous Acts (Omnibus No. 1) Act 1998, No. 43/1998

Assent Date:

26.5.98

Commencement Date:

S. 3 on 16.12.97: s. 2(2)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Audit (Amendment) Act 1999, No. 53/1999

Assent Date:

14.12.99

Commencement Date:

Ss 622 on 1.1.00: Government Gazette 23.12.99 p. 2764

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Financial Management (Financial Responsibility) Act 2000, No. 9/2000

Assent Date:

18.4.00

Commencement Date:

Ss 68 on 19.4.00: s. 2

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Audit (Amendment) Act 2003, No. 36/2003

Assent Date:

11.6.03

Commencement Date:

Ss 5, 9, 11 on 12.6.03: s. 2(1); ss 3, 4, 68, 10, 1224 on 1.7.03: s. 2(2)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Parliamentary Committees Act 2003, No. 110/2003

Assent Date:

9.12.03

Commencement Date:

S. 54 on 10.12.03: s. 2

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Gambling Regulation Act 2003, No. 114/2003

Assent Date:

16.12.03

Commencement Date:

S. 12.1.3(Sch. 6 item 1) on 1.7.04: Government Gazette 1.7.04 p. 1843

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Financial Management (Amendment) Act 2004, No. 43/2004

Assent Date:

16.6.04

Commencement Date:

S. 15 on 17.6.04: s. 2

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 17) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:

10.10.06

Commencement Date:

Ss 15, 16 on 11.10.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Commercial Arbitration Act 2011, No. 50/2011

Assent Date:

18.10.11

Commencement Date:

S. 46(Sch. item 1) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:

18.12.12

Commencement Date:

Ss 184–196 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 305 on 11.2.13: s. 2(5)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:

27.6.14

Commencement Date:

S. 33(Sch. item 3) on 30.6.14: s. 2(5)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:

31.5.16

Commencement Date:

Ss 50, 51(2), 5254, 90–101 on 1.7.16: Special Gazette (No. 194) 21.6.16 p. 1; s. 51(1) on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:

16.5.17

Commencement Date:

S. 134(Sch. 1 item 1) on 1.9.17: s. 2(3)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 9) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Audit Amendment Act 2019, No. 12/2019

Assent Date:

4.6.19

Commencement Date:

Ss 49 on 1.7.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

Local Government Act 2020, No. 9/2020

Assent Date:

24.3.20

Commencement Date:

S. 390(Sch. 1 item 6) on 1.7.21: s. 2(4)

Current State:

This information relates only to the provision/s amending the Audit Act 1994

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    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details


[1] Pt 4A (Heading and ss 19A–19C) (repealed): The amendment proposed by section 31 of the Environment Protection Amendment Act 2018, No. 39/2018 is not included in this publication due to the earlier repeal of Part 4A by section 9 of the Audit Amendment Act 2019, No. 12/2019.

Section 31 read as follows:

        31     Audit Act 1994

In section 19C(2)(k) of the Audit Act 1994, for "established under section 5 of the Environment Protection Act 1970" substitute "continued under section 356 of the Environment Protection Act 2017".



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