Subpart 2—Application of Crown Entities Act 2004 to Schedule 4 organisations

Subpart 2: inserted, on 25 January 2005, by section 16 of the Public Finance Amendment Act 2004 (2004 No 113).

Subpart 2 heading: replaced, on 18 July 2013, by section 30 of the Public Finance Amendment Act 2013 (2013 No 50).

45M Application of Crown Entities Act 2004 to Schedule 4 organisations

(1)

The following sections of the Crown Entities Act 2004, and any regulations that apply to the matters referred to in those sections, apply to a Schedule 4 organisation as if the organisation were a Crown entity under that Act:

(a)

sections 133 and 134 (which relate to supply of information):

(b)

sections 154 to 156 (which relate to annual financial statements, statements of responsibility, and audit reports):

(c)

section 158 (which relates to bank accounts):

(d)

if there is a tick in a column of the table in Schedule 4 of this Act alongside the name or description of the organisation, the section indicated in the heading of that column:

(e)

if section 139 of the Crown Entities Act 2004 (which is the obligation to prepare a statement of intent) applies to the organisation under paragraph (d), sections 138, 139A, 139, 141, and 144 to 149A of that Act (which also relate to statements of intent):

(f)

if section 150 of the Crown Entities Act 2004 (which is the obligation to prepare, present, and publish an annual report) applies to the organisation under paragraph (d), sections 151 (other than subsection (1)(b)), 152, and 154 to 157A of that Act (which also relate to annual reports).

(1A)

If section 150 of the Crown Entities Act 2004 does not apply to a Schedule 4 organisation under subsection (1)(d), the organisation and the responsible Minister for that organisation must, in relation to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b), comply with the provision, presentation, and publication obligations set out in section 150(1)(b) and (3) to (6) of the Crown Entities Act 2004—

(a)

as if, in those provisions,—

(i)

every reference to a Crown entity were a reference to a Schedule 4 organisation; and

(ii)

every reference to the annual report were a reference to the annual financial statements, statement of responsibility, and audit report required under subsection (1)(b); and

(b)

with all other necessary modifications.

(2)

The responsible Minister for a Schedule 4 organisation that is required, under subsection (1)(d), to produce a statement of performance under section 153 of the Crown Entities Act 2004 must present that statement to the House of Representatives with the annual financial statements required under subsection (1)(b).

(3)

If a Schedule 4 organisation is established or regulated under an Act, the provisions applied by this section apply to the organisation subject to any express negation or modification of the provision in that Act.

Section 45M: replaced, on 18 July 2013, by section 30 of the Public Finance Amendment Act 2013 (2013 No 50).

Section 45M(1)(e): amended, on 1 July 2014, by section 94(1) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 45M(1)(f): amended, on 1 July 2014, by section 94(2) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 45M(1A): inserted, on 17 December 2016, by section 85 of the Statutes Amendment Act 2016 (2016 No 104).

Section 45M(2): amended, on 1 July 2014, by section 94(3) of the Public Finance Amendment Act 2013 (2013 No 50).