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This is a Bill, not an Act. For current law, see the Acts databases.


TREASURER'S ADVANCE AUTHORISATION BILL 2002

                     Western Australia


Treasurer's Advance Authorisation Bill 2002

                       CONTENTS

1.   Short title                                         1
2.   Commencement                                        2
3.   Interpretation                                      2
4.   Treasurer's Advance Authorisation for 2002-2003     3
5.   Purposes for which money can be paid or advanced    3
6.   Crediting of amounts recouped or recovered          4




                                                        page i
                         121 --1
                               Western Australia


                          LEGISLATIVE ASSEMBLY



         Treasurer's Advance Authorisation Bill 2002


                                   A Bill for


    An Act to authorise the Treasurer to make certain payments and
    advances and to specify a limit for the payments and advances so
    authorised for the financial year commencing on 1 July 2002.



    The Parliament of Western Australia enacts as follows:


    1.      Short title
            This Act may be cited as the Treasurer's Advance Authorisation
5           Act 2002.




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     Treasurer's Advance Authorisation Bill 2002



     s. 2




     2.       Commencement
              This Act comes into operation on the day on which it receives
              the Royal Assent.

     3.       Interpretation
5             In this Act, unless the contrary intention appears --
              "Consolidated Fund" means the Fund of that name established
                   by section 64 of the Constitution Act 1889 and referred to
                   in section 6 of the Financial Administration and Audit Act
                   1985;
10            "existing works and services advance" means so much of any
                   advance made before 1 July 2002 under an enactment
                   corresponding to section 5(1)(b) or (c) as has not been
                   recouped or recovered before 1 July 2002.
              "local governments" means local governments or regional
15                 local governments established under the Local Government
                   Act 1995;
              "public authorities" means the Governor in Executive Council,
                   Ministers of the Crown in right of the State, Government
                   departments, State trading concerns, State instrumentalities,
20                 State agencies, and public statutory bodies, corporate or
                   unincorporate, established by or under a law of the State;
              "Treasurer" means the Treasurer of the State;
              "Treasurer's Advance Account" means the Account of that
                   name referred to in section 8 of the Financial
25                 Administration and Audit Act 1985;
              "Trust Fund" means the Fund of that name referred to in
                   section 9 of the Financial Administration and Audit Act
                   1985.




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                                     Treasurer's Advance Authorisation Bill 2002



                                                                              s. 4



     4.         Treasurer's Advance Authorisation for 2002-2003
          (1)   During the financial year commencing on 1 July 2002 the
                Treasurer is authorised to make payments or advances under
                this Act but the aggregate of --
5                 (a) the payments and advances made; and
                  (b) any existing works and services advances,
                is not to exceed $300 000 000.
          (2)   In calculating the aggregate mentioned in subsection (1) at any
                point of time in the financial year commencing on 1 July 2002,
10              no account is to be taken of so much of --
                  (a) any advance under section 5(1)(b) or (c); or
                  (b) any existing works and services advance,
                as has been recouped or recovered in that financial year.

     5.         Purposes for which money can be paid or advanced
15        (1)   Subject to the Financial Administration and Audit Act 1985 and
                section 4(1), the Treasurer may in the financial year
                commencing on 1 July 2002 --
                  (a) make payments of an extraordinary or unforseen nature
                        in anticipation of, or in addition to, the relevant
20                      appropriations by Parliament, with that expenditure to
                        be charged in that financial year to the Consolidated
                        Fund and to be subsequently submitted to Parliament for
                        appropriation from the Consolidated Fund;
                  (b) make advances, on such terms as the Treasurer thinks
25                      fit, for the temporary financing of works and services of
                        the State or to officers of public authorities including
                        advances --
                           (i) to public authorities;
                          (ii) to accounts forming part of the Trust Fund; or



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     Treasurer's Advance Authorisation Bill 2002



     s. 6



                        (iii)    for the purchase of stores, with those advances to
                                 be charged in that financial year to the
                                 Treasurer's Advance Account and to be recouped
                                 by charging the specific appropriation of
5                                Parliament applicable thereto with the
                                 expenditure on those works or services or by
                                 recovering the advances from the public
                                 authorities, Trust Fund accounts or officers of
                                 public authorities to or on whose account the
10                               advances were made; and
                  (c) make advances, on such terms as the Treasurer thinks
                        fit, for the temporary financing of works and services
                        undertaken in conjunction with, or on behalf of, other
                        Commonwealth, State or Territory Governments, local
15                      governments or persons, or by those Governments, local
                        governments or persons on behalf of the State, with
                        those advances to be charged in that financial year to the
                        Treasurer's Advance Account and to be recovered from
                        the Governments, local governments or persons to or on
20                      whose account the advances were made.
          (2)   The terms of an advance under subsection (1)(b) or (c) may
                include an obligation to pay interest on the advance at a rate
                determined by the Treasurer and any such interest received is to
                be credited to the Consolidated Fund.
25   6.         Crediting of amounts recouped or recovered
                The following are to be credited to the Treasurer's Advance
                Account --
                 (a) any portion of an advance under section 5(1)(b) or (c)
                        that is recouped or recovered under section 5(1)(b) or
30                      (c);
                 (b) any portion of an existing works or services advance
                        that is recouped or recovered under an enactment
                        corresponding to section 5(1)(b) or (c).



 


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