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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Treasurer's Advance Authorisation Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. Interpretation 2
4. Treasurer's Advance Authorisation for 2004-2005 3
5. Purposes for which money can be paid or advanced 3
6. Crediting of amounts recouped or recovered 4
298--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Treasurer's Advance Authorisation Bill 2004
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 2004.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Treasurer's Advance Authorisation
Act 2004.
page 1
Treasurer's Advance Authorisation Bill 2004
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 2004 under an enactment
corresponding to section 5(1)(b) or (c) as has not been
recouped or recovered before 1 July 2004;
"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.
page 2
Treasurer's Advance Authorisation Bill 2004
s. 4
4. Treasurer's Advance Authorisation for 2004-2005
(1) During the financial year commencing on 1 July 2004 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 2004,
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 2004 --
(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
30 (iii) for the purchase of stores, with those advances to
be charged in that financial year to the
page 3
Treasurer's Advance Authorisation Bill 2004
s. 6
Treasurer's Advance Account and to be recouped
by charging the specific appropriation of
Parliament applicable thereto with the
expenditure on those works or services or by
5 recovering the advances from the public
authorities, Trust Fund accounts or officers of
public authorities to or on whose account the
advances were made;
and
10 (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
governments or persons, or by those Governments, local
15 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
whose account the advances were made.
20 (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.
6. Crediting of amounts recouped or recovered
25 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 (c);
30 (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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