Commonwealth Authorities and Companies Act. Australia
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Название: Commonwealth Authorities and Companies Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081653

isbn:

СКАЧАТЬ The Finance Minister may, by notice in the Gazette, require particular Commonwealth authorities or a class of Commonwealth authorities to give the responsible Minister either:

      (a) an interim report for the first 6 months of a financial year; or

      (b) an interim report for each of the following periods:

      (i) the first 3 months of each financial year;

      (ii) the first 6 months of each financial year;

      (iii) the first 9 months of each financial year.

      (2) The interim report must include:

      (a) a report of operations, prepared by the directors in accordance with the Finance Minister’s Orders; and

      (b) financial statements, prepared by the directors in accordance with the Finance Minister’s Orders; and

      (c) a report prepared by the Auditor-General in accordance with the regulations.

      (3) The directors must give the interim report to the responsible Minister within 2 months after the end of the period to which the report relates.

      (4) The responsible Minister may grant an extension of time in special circumstances.

      (5) The responsible Minister must table the interim report in each House of the Parliament as soon as practicable.

      14 Estimates

      (1) The directors of a Commonwealth authority (other than a GBE) must prepare budget estimates for each financial year, and for any other periods directed by the responsible Minister.

      (2) The estimates:

      (a) must be in the form required by the responsible Minister; and

      (b) must be given to the responsible Minister within the time required by the responsible Minister.

      15 Responsible Minister to be notified of significant events

      (1) If a Commonwealth authority, or any of its subsidiaries, proposes to do any of the following things, the directors of the Commonwealth authority must immediately give the responsible Minister written particulars of the proposal:

      (a) form a company or participate in the formation of a company;

      (b) participate in a significant partnership, trust, unincorporated joint venture or similar arrangement;

      (c) acquire or dispose of a significant shareholding in a company;

      (d) acquire or dispose of a significant business;

      (e) commence or cease a significant business activity;

      (f) make a significant change in the nature or extent of its interest in a significant partnership, trust, unincorporated joint venture or similar arrangement.

      (2) The responsible Minister may give written guidelines to the directors that are to be used by the directors in deciding whether a proposal is covered by subsection (1).

      16 Keeping responsible Minister and Finance Minister informed

      (1) The directors of a Commonwealth authority must:

      (a) keep the responsible Minister informed of the operations of the authority and its subsidiaries; and

      (b) give the responsible Minister such reports, documents and information in relation to those operations as the responsible Minister requires; and

      (c) give the Finance Minister such reports, documents and information in relation to those operations as the Finance Minister requires.

      (2) The directors must comply with requirements under paragraphs (1)(b) and (c) within the time limits set by the Minister concerned.

      17 Corporate plan for GBE

      (1) This section applies to a Commonwealth authority that is a GBE.

      (2) The directors must prepare a corporate plan at least once a year and give it to the responsible Minister.

      (3) The plan must cover a period of at least 3 years.

      (4) If the Commonwealth authority has subsidiaries, the plan must cover both the authority and its subsidiaries. In particular, for each subsidiary the plan must include details of the matters specified in the regulations for the purposes of subsection (6), so far as they are applicable.

      (5) The directors must keep the responsible Minister informed about:

      (a) significant changes to the plan; and

      (b) matters that arise that might significantly affect the achievement of the objectives in the plan.

      (6) The plan must include details of matters (so far as they are applicable) specified in the regulations for the purposes of this subsection.

      (7) The plan must also cover any other matters required by the responsible Minister (which may include further details about the matters specified in the regulations for the purposes of subsection (6)).

      (8) The responsible Minister may give written guidelines to the directors that are to be used by the directors in deciding which matters are covered by subsection (5).

      Division 3

      Banking, investment etc.

      18 Banking and investment (authorities other than GBEs and SMAs)

      (1) This section applies to a Commonwealth authority that is not a GBE or SMA.

      (2) The authority must pay all money received by it into an account maintained by it with a bank.

      (3) The authority may invest surplus money:

      (a) on deposit with a bank; or

      (b) in securities of the Commonwealth or of a State or Territory; or

      (c) in securities guaranteed by the Commonwealth, a State or a Territory; or

      (d) in any other manner approved by the Finance Minister.

      (4) A provision in the authority’s enabling legislation to the effect that the authority must not enter into a contract involving the expenditure or payment of more than a specified amount of money without the approval of a specified person does not apply to a contract for the investment of money under subsection (3), unless the provision expressly states that it applies to such a contract.

      (5) In this section:

      surplus money means money of the authority that is not immediately required for the purposes of the authority.

      19 Banking and investment (GBEs and SMAs)

      (1) This section applies to a Commonwealth СКАЧАТЬ