Regulation-making power
134 Regulation-making power
The Executive may make regulations for this Act.
Dictionary (see s 3)
The Legislation Act contains definitions and other provisions relevant to this Act.
For example, the Legislation Act, dict, pt 1, defines the following terms:
ACAT
Act
administrative unit
auditor-general
authorised deposit-taking institution
bankrupt or personally insolvent
director‑general (see s 163)
electoral commission
electoral commissioner
exercise
found guilty
function
GST
may (see s 146)
Minister (see s 162)
must (see s 146)
Office of the Legislative Assembly
officer of the Assembly
person
public employee
public servant
reviewable decision notice
Self-Government Act
statutory office-holder
territory law
territory-owned corporation
Treasurer.
accounting standards means the accounting standards issued by the Australian Accounting Standards Board, as in force or applicable from time to time.
Accounting standards are accessible at www.aasb.gov.au.
applicable governmental policies, for a territory authority, for part 9 (Governance of territory authorities)—see section 103.
appropriation means an appropriation of public money by any Act including this Act.
Appropriation Act means an Act that makes appropriations in relation to a financial year for purposes mentioned in section 8.
banking account means an account with an authorised deposit‑taking institution that is, or is substantially the same as, a bank account.
borrowing includes—
raising money or obtaining credit, whether by dealing in securities or otherwise; and
entering into a financing lease;
but does not include using a credit card or overdraft facility, or otherwise obtaining credit, in a transaction forming part of the day-to-day operations of the Territory or a territory authority.
budget papers means documents presented to the Legislative Assembly under section 10 or section 13 (1).
capital injection—
means an amount provided, or to be provided, to a territory entity for—
the purchase of assets to be held or owned by the territory entity; or
the development of assets held or owned by the territory entity; or
augmenting the assets held or owned by the territory entity; or
reducing the liabilities of the territory entity; but
does not include an amount provided from an appropriation for a purpose mentioned in section 8 (1) (a), (c) or (2) (a).
capital works advance—see section 18E.
CEO—see chief executive officer.
chief executive officer (or CEO), of a territory authority, means the person (however described) who is responsible for managing the affairs of the authority.
class of outputs means a group of related outputs.
contract includes an agreement or arrangement, whether or not its term extends for 1 or more years.
controlled recurrent payment means an amount provided, or to be provided, to a territory entity for the delivery of goods and services provided by the territory entity or a person providing goods and services on behalf of the territory entity.
directorate means––
an administrative unit (excluding any part of an administrative unit prescribed for paragraph (b) and any administrative unit forming part of a group of administrative units prescribed for paragraph (c)); or
a part of an administrative unit prescribed for this paragraph; or
a group of 2 or more administrative units prescribed for this paragraph.
directorate banking account means a banking account mentioned in section 34 (1).
division 9.6 authority means a territory authority to which division 9.6 applies (see s 105).
division 9.7 authority means a territory authority to which division 9.7 applies (see s 120).
establishing Act, for a territory authority, governing board or governing board member, for part 9 (Governance of territory authorities)—see section 72.
expenses, in relation to an output, means the expenses incurred in providing the output quantified on an accrual accounting basis and includes the overhead expenses properly attributable to the output.
financial management guidelines means the financial management guidelines under this Act.
financial year, for a territory authority, for part 9 (Governance of territory authorities)—see section 72.
general government sector means—
those organisations whose primary function is to provide services that are mainly not market orientated, are mainly for the consumption of the community generally, involve the transfer or redistribution of income, and are financed mainly through appropriation; and
those organisations that are controlled by the Territory and provide investment or other financial services.
governing board, for a territory authority, means the governing board established under the Act that establishes the authority.
governing board member, for a territory authority with a governing board for part 9 (Governance of territory authorities)—see section 72.
handover day, for division 9.7 (Additional provisions for restructuring of certain territory authorities)—see section 121.
input tax credit—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), section 195-1 (Dictionary).
invest includes enter into a transaction or arrangement for the protection or enhancement of investments.
material interest, for part 9 (Governance of territory authorities)—see section 88 (4).
memorandum of understanding includes a memorandum of understanding whether or not its term extends for 1 or more years.
outputs means goods produced or services provided by a directorate or territory authority or a person producing goods or providing services on behalf of a directorate or territory authority.
prescribed means prescribed by the financial management guidelines.
PSWC fund banking account—see the Public Sector Workers Compensation Fund Act 2018, section 9.
public money means all money received by the Territory, including the proceeds of all loans raised on behalf of the Territory, but does not include—
money held by the Territory as trust money; or
money received by a territory-owned corporation or subsidiary of a territory-owned corporation; or
money received by the Territory from a territory-owned corporation or subsidiary of a territory-owned corporation for investment for the corporation or subsidiary; or
money received by a territory authority; or
money received by the Territory from a territory authority for investment for the authority; or
money received by the Territory—
in repayment of an investment made by the Territory for a territory authority; or
as returns on such an investment.
public sector entity, for part 9A (Insourcing framework)—see section 126.
public trading enterprise sector means those organisations whose primary function is to provide goods and services that are mainly market orientated and non-regulatory in nature and who may recover a significant part of their costs from individual consumers.
relevant Assembly committee, for a provision, means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for the provision.
relevant territory authority, for part 9 (Governance of territory authorities)—see section 72.
responsible director‑general, in relation to a directorate, means—
if the directorate is constituted by an administrative unit or a part of an administrative unit—the director‑general of that administrative unit; or
if the directorate is constituted by a group of 2 or more administrative units—the person prescribed as the responsible director‑general in relation to the directorate.
responsible Minister means—
in relation to a directorate that is constituted by an administrative unit or a part of an administrative unit—the Minister to whom responsibility for that administrative unit has been allocated under the Public Sector Management Act 1994, section 14; and
in relation to a directorate that is constituted by a group of 2 or more administrative units—the Minister prescribed as the responsible Minister in relation to the directorate; and
in relation to a territory authority—the Minister administering the Act under which the authority is established; and
in relation to a territory-owned corporation—the Minister administering the Territory-owned Corporations Act 1990.
returns, in relation to an investment, includes interest, dividends, capital gains, distributions and any other financial return on the investment.
securities includes stocks, debentures, notes, bonds, promissory notes, bills of exchange, and any other securities approved in writing by the Treasurer.
statement of intent, for a territory authority—see section 61 (1).
subsidiary—see the Territory-owned Corporations Act 1990, dictionary.
superannuation appropriation—see the Territory Superannuation Provision Protection Act 2000, dictionary.
taxable supply—see the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), dictionary.
territory authority—
means a body corporate established by an Act; and
to remove any doubt, includes an entity to which part 8 applies; and
for division 9.7 (Additional provisions for restructuring of certain territory authorities)—includes a territory authority that has ceased to exist; but
does not include a body declared under section 3B not to be a territory authority.
territory banking account means the banking account mentioned in section 33.
territory entity means a directorate, territory authority or territory‑owned corporation.
the Territory, for division 3.1 (Financial reports of the Territory)—see section 21.
Treasurer’s advance—see section 18.
trust money means—
money deposited with the Territory pending the completion of a transaction or the determination of a dispute and that may become repayable to the depositor or payable to the Territory or anyone else; or
all money that is paid into a territory court for possible repayment to the payee or a third party because of any Act, order, instruction or authority; or
money that belongs to or is owing to any person and is collected by the Territory because of an agreement between the Territory and that person; or
unclaimed money that is owing to or belongs to anyone and is deposited with the Territory; or
money that is paid to the Territory in trust for any other lawful purpose including interest on trust money.
under treasurer means the person performing the duties of the under treasurer in the public service.
This provision refers to the regulations (may make regulations
). Made under this Act:
- Financial Management Regulation 2005 · under s 134
This Act’s bill:Explanatory statement
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