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


TREASURER'S ADVANCE AUTHORISATION BILL 2003

                     Western Australia


Treasurer's Advance Authorisation Bill 2003

                       CONTENTS

1.   Short title                                         1
2.   Commencement                                        1
3.   Interpretation                                      2
4.   Treasurer's Advance Authorisation for 2003-2004     2
5.   Purposes for which money can be paid or advanced    3
6.   Crediting of amounts recouped or recovered          4




                         197--1                          page i
                                Western Australia


                           LEGISLATIVE ASSEMBLY



          Treasurer's Advance Authorisation Bill 2003


                                    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 2003.



     The Parliament of Western Australia enacts as follows:


5    1.      Short title
             This Act may be cited as the Treasurer's Advance Authorisation
             Act 2003.

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




                                                                      page 1
     Treasurer's Advance Authorisation Bill 2003



     s. 3



     3.         Interpretation
                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
5                    in section 6 of the Financial Administration and Audit
                     Act 1985;
                "existing works and services advance" means so much of any
                     advance made before 1 July 2003 under an enactment
                     corresponding to section 5(1)(b) or (c) as has not been
10                   recouped or recovered before 1 July 2003;
                "local governments" means local governments or regional
                     local governments established under the Local Government
                     Act 1995;
                "public authorities" means the Governor in Executive Council,
15                   Ministers of the Crown in right of the State, Government
                     departments, State trading concerns, State instrumentalities,
                     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;
20              "Treasurer's Advance Account" means the Account of that
                     name referred to in section 8 of the Financial
                     Administration and Audit Act 1985;
                "Trust Fund" means the Fund of that name referred to in
                     section 9 of the Financial Administration and Audit
25                   Act 1985.
     4.         Treasurer's Advance Authorisation for 2003-2004
          (1)   During the financial year commencing on 1 July 2003 the
                Treasurer is authorised to make payments or advances under
                this Act but the aggregate of --
30                (a) the payments and advances made; and




     page 2
                                     Treasurer's Advance Authorisation Bill 2003



                                                                              s. 5



                 (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 2003,
5               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
10        (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 2003 --
                  (a) make payments of an extraordinary or unforseen nature
                        in anticipation of, or in addition to, the relevant
15                      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
20                      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
25                       (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
                                 Parliament applicable thereto with the
30                               expenditure on those works or services or by
                                 recovering the advances from the public
                                 authorities, Trust Fund accounts or officers of


                                                                            page 3
     Treasurer's Advance Authorisation Bill 2003



     s. 6



                               public authorities to or on whose account the
                               advances were made;
                        and
                  (c) make advances, on such terms as the Treasurer thinks
5                       fit, for the temporary financing of works and services
                        undertaken in conjunction with, or on behalf of, other
                        Commonwealth, State or Territory Governments, local
                        governments or persons, or by those Governments, local
                        governments or persons on behalf of the State, with
10                      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
                        whose account the advances were made.
          (2)   The terms of an advance under subsection (1)(b) or (c) may
15              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.
     6.         Crediting of amounts recouped or recovered
                The following are to be credited to the Treasurer's Advance
20              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 (c);
                 (b) any portion of an existing works or services advance
25                      that is recouped or recovered under an enactment
                        corresponding to section 5(1)(b) or (c).




 


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