Western Australian Consolidated Acts

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INSPECTOR OF CUSTODIAL SERVICES ACT 2003 - SECT 33

33 .         Annual reporting

        (1)         The Inspector, as soon as is practicable in each year but not later than 30 September, is to deliver a copy of the report referred to in subsection (2) to each of —

            (a)         the Speaker of the Legislative Assembly and the President of the Legislative Council who are to keep the copies of the report in safe custody; and

            (b)         the Minister, who may prepare a response to the report.

        (2)         The report, copies of which are to be delivered under subsection (1), is a report on the performance of the Inspector’s functions for the period of 12 months ending on the preceding 30 June, including —

            (a)         if the Financial Management Act 2006 and the Auditor General Act 2006 apply at the particular time to the office of the Inspector —

                  (i)         the annual report required under Part 5 Division 2 of the Financial Management Act 2006 as that Division applies in respect of the office under section 38 of this Act; and

                  (ii)         the opinion prepared and signed by the Auditor General under the Auditor General Act 2006 section 15 (if applicable) on the financial statements and other information submitted for that period under the Financial Management Act 2006 section 63 as that section applies in respect of the office under section 38 of this Act;

                and

            (b)         the text of the directions given under section 17(2) and (3) in that period; and

            (c)         the text of the reasons prepared under section 17(6) or  18(4); and

            (d)         a list of the places referred to in section 19 that have been inspected since the preceding 30 June, noting the day on which the list was prepared; and

            (e)         a list of the places referred to in section 19 that are proposed to be inspected in the period up to the next 30 June; and

            (f)         if the Inspector considers it appropriate to include those details in the report — details of any show cause notice given under section 33A(3) in the period of 12 months ending on the preceding 30 June.

        (3A)         If, under subsection (2)(f), the Inspector includes in the report details of a show cause notice, the Inspector must also include details of any submissions made or evidence provided to the Inspector under section 33A(5) with respect to the matters specified in the notice.

        (3B)         If the Inspector considers it appropriate to do so because of the extent of the submissions made or evidence provided to the Inspector under section 33A(5), the Inspector may comply with subsection (3A) by including in the report a summary of those submissions or that evidence.

        (3)         If the Inspector is not able to cause to be prepared by 30 September in a year a report referred to in subsection (2) the Inspector, by that date, is to inform both Houses of Parliament of the inability to do so and the reasons for that inability.

        [Section 33 amended by No. 5 of 2005 s. 41(2); No. 77 of 2006 s. 17; No. 52 of 2011 s. 9.]



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