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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
Contents
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Section 20 repealed (Departments may incur output expenses for, or on behalf of, other departments)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Section 31B repealed (Publication, inspection, and purchase of financial statements of Government reporting entity)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
The Parliament of New Zealand enacts as follows: