Public Finance Amendment Act 2013

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Public Finance Amendment Act 2013

Public Act		2013 No 50
Date of assent		17 July 2013
Commencement		see section 2

1	Title
2	Commencement
3	Principal Act
	Part 1 Amendments coming into force on day after date of Royal assent
4	Section 1A amended (Purpose)
5	Section 2 amended (Interpretation)
6	New section 2A inserted (Provisions affecting application of amendments to this Act)
	2A	Provisions affecting application of amendments to this Act
7	Section 3A replaced (Power to amend Schedule 4)
	3A	Power to amend Schedule 4
	3AB	Power to amend Schedule 4A
8	Section 4 amended (Expenses or capital expenditure must not be incurred unless in accordance with appropriation or statutory authority)
9	New section 4A inserted (Authority to incur expenses or capital expenditure under Imprest Supply Act)
	4A	Authority to incur expenses or capital expenditure under Imprest Supply Act
10	New section 7C inserted (Responsibility for, and administration and use of, appropriations)
	7C	Responsibility for, and administration and use of, appropriations
11	Section 11 amended (Expenses or payments authorised other than by Appropriation Act)
12	Section 19 amended (Power of Secretary to obtain information)
13	Section 20 repealed (Departments may incur output expenses for, or on behalf of, other departments)
14	Section 25 amended (Expenses or capital expenditure may be incurred in emergencies)
15	Section 26Z amended (Power of Secretary to obtain information)
16	Section 27 amended (Annual financial statements of Government)
17	Section 29A amended (Power of Secretary to obtain information)
18	Section 29B amended (Auditor-General to be auditor of Government reporting entity)
19	Section 31 amended (Annual financial statements must be presented to House of Representatives)
20	Section 31A amended (Monthly financial statements of Government)
21	Section 31B repealed (Publication, inspection, and purchase of financial statements of Government reporting entity)
22	Part 4 heading amended
23	Sections 33 to 36 and cross-heading above section 34 replaced
	33	Extended meaning of department for purpose of Part 4
		Responsibilities of chief executives
	34	Responsibilities of chief executives: financial management of departmental matters
	35	Responsibilities of chief executives: financial management of non-departmental matters
	36	Responsibilities of chief executives: reporting
24	Section 37 amended (Power of departmental chief executives to obtain information)
25	Sections 43 and 44 replaced
	43	Departments must prepare annual reports
	43A	Departmental agencies must prepare annual reports
	44	Obligation to present and publish annual reports
26	Section 45 amended (Contents of departmental annual report)
27	New section 45AA inserted (Contents of departmental agency annual report)
	45AA	Contents of departmental agency annual report
28	Section 45H amended (Application of subpart)
29	Sections 45I to 45K replaced
	45I	First annual report for newly established entities
	45J	Final annual report for disestablished entities
	45K	Final annual report for entities that cease to be subject to requirement to provide annual report
30	Sections 45M and 45N and subpart 2 heading in Part 5 replaced
		Subpart 2—Application of Crown Entities Act 2004 to Schedule 4 organisations
	45M	Application of Crown Entities Act 2004 to Schedule 4 organisations
	45N	Exemptions from certain sections of Crown Entities Act 2004 for Schedule 4 organisations
31	New Part 5AAA inserted
		Part 5AAA Non-listed companies in which the Crown is majority or sole shareholder
	45OA	Application of Crown Entities Act 2004 to non-listed companies in which the Crown is majority or sole shareholder
32	Section 49 amended (The Crown not liable for debts of Crown entities, etc)
33	Section 65I amended (Investment of public money)
34	Section 65K replaced (The Crown must not lend money except under statute)
	65K	The Crown must not lend money except under statute
35	Section 65N repealed (Authority to lend money includes authority to defer payments)
36	Section 65Z amended (Auditor-General may direct Ministers to report to House of Representatives in cases involving unlawful expenses, etc)
37	Section 65ZA amended (Auditor-General may stop payments out of Bank Accounts)
38	Section 65ZD amended (Minister may give guarantee or indemnity if in public interest)
39	Section 65ZE amended (Departments may give guarantee or indemnity specified in regulations if in public interest)
40	Section 67 amended (Establishment of bank accounts for trust money)
41	Section 71AA amended (Delegation of Secretary’s powers)
42	Section 73 amended (Payment of fines to local authorities and other organisations that conduct prosecutions)
43	Section 74 amended (Unclaimed money)
44	Section 75 amended (Minister may exercise powers relating to bona vacantia)
45	Section 76 amended (Offences)
46	Section 80 amended (Treasury instructions)
47	Section 80A amended (Minister of Finance instructions)
48	Section 81 amended (Regulations, Orders in Council, and notices)
49	Section 82 amended (Consultation and approval requirements for regulations or instructions relating to reporting standards)
50	Section 83 repealed (Abolition of certain accounts)
51	Sections 85 to 87 repealed
52	Section 88 replaced (Transitional provisions)
	88	Application, savings, and transitional provisions relating to amendments to Act
53	Schedule 1 replaced
54	Schedule 2 repealed
55	Schedule 4 amended
56	New Schedule 4A inserted
57	Consequential amendments arising from amendments to Public Finance Act 1989 that come into force on day after Royal assent
	Part 2 Amendments coming into force on 1 July 2014
58	Section 2 amended (Interpretation)
59	Section 7 replaced (Separate appropriation required for types of expenses and capital expenditure)
	7	Expenses and capital expenditure must be allocated to appropriation type
	7A	Appropriation types
	7B	Requirements for multi-category appropriations
60	Section 9 amended (Appropriation limited by scope)
61	Section 12 amended (Timing of first Appropriation Bill for financial year)
62	New sections 12A and 12B and cross-heading inserted
		Requirements for capital injections
	12A	Capital injections must be authorised
	12B	Authority to make capital injections under Imprest Supply Act
63	Section 13 amended (Estimates and other supporting information must be presented with first Appropriation Bill)
64	Sections 14 and 15 replaced
	14	Content of Estimates
	15	Main Appropriation Bill: supporting information relating to Votes
	15A	Main Appropriation Bill: supporting information relating to appropriations
	15B	Comparative information requirements if no directly corresponding appropriation or category
	15C	End-of-year performance information requirements
	15D	Exemptions from end-of-year performance information requirements for certain categories of expenses and capital expenditure
	15E	Main Appropriation Bill: supporting information relating to capital injections
	15F	Minister may present further supporting information
65	Section 16 amended (Supplementary Estimates must be presented with Supplementary Appropriation Bill)
66	Section 17 replaced (Content of Supplementary Estimates)
	17	Content of Supplementary Estimates
	17A	Supplementary Appropriation Bill: supporting information relating to appropriations
	17B	Supplementary Appropriation Bill: supporting information relating to capital injections
67	Section 18 amended (Minister must consult on proposal to change format or content of information presented with Appropriation Bills)
68	Section 19 amended (Power of Secretary to obtain information)
69	New sections 19A to 19C and cross-heading inserted
		Reporting on appropriations: end-of-year performance information
	19A	Provision of end-of-year performance information other than by Ministers
	19B	Provision of end-of-year performance information by Ministers
	19C	Requirements for end-of-year performance information
70	Section 22 amended (Operating surplus of department)
71	Section 23 repealed (Net assets of departments must be confirmed)
72	Section 24 amended (Movements within departmental statement of financial position)
73	New section 25A inserted (Capital injections may be made in emergencies)
	25A	Capital injections may be made in emergencies
74	Section 26 amended (Minister may determine terms and conditions of capital injections)
75	New section 26CA inserted (Capital injections made without authority or approval require validation by Parliament)
	26CA	Capital injections made without authority or approval require validation by Parliament
76	Section 26D amended (Reporting requirements in relation to expenses or capital expenditure incurred in excess of, or without, appropriation)
77	Section 26E replaced (Application of this Part to Offices of Parliament)
	26E	Application of this Part to Offices of Parliament
78	Section 27 amended (Annual financial statements of Government)
79	Section 32A repealed (Additional reports in relation to non-departmental appropriations)
80	Sections 38 to 41 and cross-heading above section 38 replaced
		Reporting requirements: information on strategic intentions
	38	Departments must provide information on strategic intentions
	38A	Responsible Minister may require department to provide information on strategic intentions at any time
	39	Obligation to publish and present information on strategic intentions
	40	Requirements for information on strategic intentions
	41	Minister may grant extension of time for, or waive, requirement to provide information on strategic intentions
81	Section 42 repealed (Information on future operating intentions must include statement of responsibility)
82	Section 45 replaced (Contents of annual report of department)
	45	Contents of annual report of department
83	Section 45AA amended (Contents of departmental agency annual report)
84	Section 45A replaced (Statement of service performance)
	45A	Statements of expenses and capital expenditure
85	Section 45B amended (Annual financial statements)
86	New section 45BA inserted (Forecast financial statements)
	45BA	Forecast financial statements
87	Section 45C replaced (Statement of responsibility)
	45C	Statement of responsibility
88	Section 45D amended (Audit report)
89	Section 45E amended (Application of this Part to intelligence and security departments)
90	Section 45F replaced (Application of this Part to Offices of Parliament)
	45F	Application of this Part to Offices of Parliament
91	Section 45G repealed (This Part modified for purpose of applying Part to Offices of Parliament)
92	Section 45I amended (First annual report for newly established entities)
93	Section 45L amended (Minister may allow certain information to be included in another entity’s annual report if operations transferred)
94	Section 45M amended (Application of Crown Entities Act 2004 to Schedule 4 organisations)
95	Section 45N amended (Exemptions from certain sections of Crown Entities Act 2004 for Schedule 4 organisations)
96	Section 45OA amended (Application of Crown Entities Act 2004 to non-listed companies in which the Crown is majority or sole shareholder)
97	Section 61 repealed (Expenses in respect of money borrowed by the Crown)
98	Section 65D amended (Payments under public securities)
99	Section 65E repealed (Expenses in respect of securities)
100	Section 65H amended (Payments relating to derivative transactions of the Crown)
101	Section 65J repealed (Payment of expenses relating to investment)
102	New subpart 7 of Part 6 inserted
		Subpart 7—Permanent legislative authority for payment of certain expenses
	65ZH	Permanent legislative authority for payment of certain expenses
103	Schedule 4 amended
104	Consequential amendments arising from amendments to Public Finance Act 1989 that come into force on 1 July 2014
	Schedule 1 Schedule 1 of principal Act replaced
	Schedule 2 New Schedule 4A inserted into principal Act
	Schedule 3 Consequential amendments arising from amendments to principal Act that come into force on day after Royal assent
	Schedule 4 Consequential amendments arising from amendments to principal Act that come into force on 1 July 2014
	Legislative history
	Administrative information

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