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National Competition Policy Review Discussion Paper
Section 3(1) also provides that, if the Minister gives any direction regarding the exercise and discharge of the Council’s powers, authorities, duties and functions, the Council shall comply with those directions. Other provisions in the legislation provide for procedures with respect to the meetings of Council. The Act also provides that the Council is to be a body corporate, with the power to enter into contracts and to apply property held by it on trust for the purpose of carrying out or giving effect to all or any of its powers, authorities, duties, and functions. Financial Accountability of the Council Originally, section 11 the Act provided that the accounts of the Council were to be audited by the Auditor-General in accordance with his powers under the Audit Act 1902. Section 11 also provided that the Audit Act was to apply to the members of the Council and persons performing services for the Council in the same way as it applied to accounting officers of public departments. In 1983 the Miscellaneous Acts (Public Finance and Audit) Repeal and Amendment Act 1983 was passed by Parliament. The main purpose of that Act was to repeal the Audit Act 1902, but the legislation also had the effect of repealing s.11 of the Council of Law Reporting Act. No explanation is provided in the Parliamentary debates as to the reason s.11 was repealed. As a consequence though, the Council has no statutory auditing or accounting responsibilities. As the Council has a small number of transactions each year, the Council does not have its accounts publicly audited. (The Council has been self-funding since 1 July 1994). The Council is not subject to the provisions of the Annual Reports (Statutory Bodies) Act 1984, but does provide a report to the Attorney each year setting out the activities of the Council for the previous twelve months. The report does not provide information on the financial dealings of the Council. Next Page - Background to Law Reporting |
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