Australian Capital Territory Consolidated Acts

FINANCIAL MANAGEMENT ACT 1996 - SECT 19D

    (1)     This section applies in relation to the performance criteria set out in a statement included in a proposed budget for a directorate, a prescribed territory authority or a prescribed territory-owned corporation for a financial year under section 12 (1) (b) or section 12A (1) (b).

    (2)     The responsible Minister for the directorate, territory authority or territory-owned corporation may, in writing, amend the performance criteria.

    (3)     Without limiting subsection (2) the responsible Minister may amend the performance criteria if—

        (a)     the appropriations for the directorate, authority or corporation are varied under section 14 (Transfer of funds between appropriations) or section 17 (Variation of appropriations for Commonwealth grants); or

        (b)     a direction is given under section 15 (1) (Transfer of funds within appropriations) in relation to an appropriation made for the directorate, authority or corporation; or

        (c)     funds are transferred to or from the directorate, authority or corporation under section 16 (Transfer of functions after Appropriation Act passed); or

        (d)     funds are given to the directorate, authority or corporation under section 18 (Treasurer's advance); or

        (e)     funds mentioned in section 19B (Authorisation of expenditure of certain Commonwealth grants) are given to the directorate, authority or corporation; or

        (f)     changes happen in the priorities of the directorate, authority or corporation; or

        (g)     the Minister is satisfied that other performance criteria should be adopted for the provision of outputs by the directorate, authority or corporation.

    (4)     An amendment of the performance criteria must be made in a way that—

        (a)     for a directorate—the budget as amended will comply with section 12 (3); and

        (b)     for a territory authority or territory-owned corporation—the budget as amended will comply with section 12A (2).

    (5)     An amendment of the performance criteria is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act .

    (6)     In this section:

"budget", for the directorate, territory authority or territory-owned corporation, means the budget for the directorate, authority or corporation for the financial year presented to the Legislative Assembly under section 10 (b) or (c) (Budget papers) and, if the budget has been amended under this Act, the budget as amended.

"prescribed territory authority" means a territory authority prescribed for section 12A (1) (b).

"prescribed territory-owned corporation" means a territory-owned corporation prescribed for section 12A (1) (b).