Financial Management Act 2016

The provisions of this Act apply to Agencies specified in Column 1 of Part 1 or 2 of Schedule 1.

The Treasurer may, by order, determine that this Act, or any specified provision of this Act, does not apply to an Agency, or to an organisation forming part of an Agency, specified in the order.

The Treasurer may, by order – determine that this Act, or any specified provision of this Act, applies to an entity – that is not specified in Part 1 or 2 of Schedule 1; and that is not a Government Business Enterprise or a State-owned Company; and determine who is to be the accountable authority for that entity.

An order made under subsection (2) or (3) may be expressed to be in force for a period specified in the order, in which case the order is in force for the period so specified and then ceases to have effect.

The provisions of sections 47(3), (3A), (4), (5), (6) and (7) of the Acts Interpretation Act 1931 apply to an order made under subsection (2) or (3) in the same manner as they apply to regulations.

If the enabling Act of an entity in respect of which an order has been made under subsection (3) contains provisions in respect of the financial management of the entity – those provisions are suspended during the period that the entity is subject to this Act, unless the Treasurer determines otherwise; or if the Treasurer determines that only some of those provisions are to be suspended, those provisions are suspended during the period that the entity is subject to this Act.

If the enabling Act of an Agency specified in Schedule 1 contains provisions in respect of the financial management of the Agency – those provisions are suspended, unless the Treasurer determines otherwise; or if the Treasurer determines that only some of those provisions are to be suspended, those provisions are suspended.

Nothing in this Act limits the application of Part IV of the Constitution Act 1934 or the powers of the House of Assembly and the Legislative Council that are described in that Part.