(2.) No such agreement shall be made for a period of more than one year unless it contains a provision that the same may be terminated at any time after a notice of not exceeding six months. Public Account. 21. (1.) The Commonwealth Public Account shall be kept in Commonwealth such bank and under such subdivisions (if any) as the Treasurer may in writing direct. (2.) All moneys paid into any bank to The Commonwealth Public v., 28; Q., 9; Account shall be deemed to be public moneys and the property of N., 6. His Majesty and to be money lent by His Majesty to the bank. accountants to pay into Treasury or bank, &c. 22. Except as otherwise provided in this Act every public Public accountant collecting or receiving money shall daily or at such intervals and in such manner as may be directed by the Treasurer transmit or pay to the Treasurer or his deputy or into the Commonwealth Public Account or to such person as the Treasurer may direct N.Z., 21; Q., 3. all money collected or received by him on account of the Consolidated Revenue Fund. 23. The Treasurer or his deputy shall pay daily into the Commonwealth Public Account all money received by the Treasurer or his deputy. N.S.W., 7; Treasurer to pay furnish 24.-(1.) Every public accountant transmitting or paying any Public money collected or received by him to the Treasurer or his deputy or accountants to to any person as aforesaid shall at the same time transmit or deliver statements. to the Treasurer or his deputy or to such person a statement signed V. 20 ; N.Z. 22. by him of the days of the month on and the particular heads of receipt under which such money came to his possession or control with such other particulars as may be prescribed. (2.) Every public accountant at the time of paying any money N.Z. 14; V. 20. into the Commonwealth Public Account shall obtain from the manager or person in charge of the bank into which such money is paid (who is hereby required to give the same) an accountable receipt in duplicate for such money; and shall forthwith after such payment transmit to the Treasurer or his deputy one of the said duplicate accountable receipts and also a statement signed by him of the days of the month on and the particular heads of receipt under which such money came to his possession or control with such other particulars as may be prescribed. Auditor 25. Every public accountant collecting or receiving public Public moneys (unless otherwise specially directed) shall on or before the accountants to tenth day of every month transmit to the Auditor-General a return returns to the verified by his statutory declaration of all moneys which shall have General. come into his possession or under his control for or on account of V. 21; N.Z. 32. the Consolidated Revenue Fund during the preceding month. N.Z. 74. 26.-(1.) All moneys received by Postmasters for transmission The Money by post office order telegraph order or postal note and for the Order Account. charges and commission in relation thereto shall be kept in a separate account at any bank appointed by the Treasurer, called the Money Order Account," which shall be operated upon only by 66 Disposal of private moneys collected under Acts of N.S.W. 8; V. 22; Q. 4; N.Z. 8. Public servants collecting private moneys to place them to their credit in bank. N.S. W. 9; V. 23; Q. 5; N.Z. 11. And after three months to be paid to the public account. Q. 5. cheque signed by the Postmaster-General or some person appointed in writing by him to act as his deputy for that purpose. (2.) Such moneys shall be deemed to be public moneys and the property of His Majesty and to be money lent by His Majesty to the bank. (3.) The Postmaster-General shall at the end of each month or oftener if required to do so by the Treasurer pay into the Commonwealth Public Account all moneys so received during such month as revenue. 27.-(1.) When under any Act any money (which by such Act is directed to be paid into the Treasury or to the Treasurer) shall come to the possession or control of any person in the public service or subject to the provisions of this Act by virtue of his office service or employment for or on account or for the use or benefit of any other person, such first-mentioned person shall pay the same and act in respect thereof and in regard thereto in like manner as public accountants are required to pay and act with reference to moneys which shall come to their possession or control for or on account of the Consolidated Revenue Fund or as near thereto as the circumstances of the case will permit. (2.) Such money shall be placed to the credit of "The Trust Fund" and under such separate heads as may be directed by the Treasurer. 28. (1.) When by virtue of his office service or employment or of any legal process whatsoever any money shall come to the possession or control of any person in the public service or subject to the provisions of this Act for or on account or for the use or benefit of any other person and shall have remained in such possession or under such control for such period as may be prescribed, such firstmentioned person shall pay the same into such bank at such place and in such manner as the Treasurer shall direct. (2.) Such money shall be paid by such person as aforesaid to an official account to be opened by him in such bank; and all interest which shall become due from such bank for or in respect thereof shall form part of the Consolidated Revenue Fund. (3.) No such person shall be answerable or accountable for any loss that may happen through any such bank. 29. When any such money as last aforesaid shall have remained in such bank for three months such person shall pay the same and act in respect thereof and in regard thereto in like manner as public N.S.W. 10; V. 24; accountants are required to pay and act with reference to moneys which shall come to their possession or control for or on account of the Consolidated Revenue Fund or as near thereto as the circumstances of the case will permit; and such money shall be placed to the credit of the said Trust Fund under such separate heads as may be directed by the Treasurer. Unclaimed trust fund to be carried to 30. (1.) All such sums as shall have been so placed to the credit of the said Trust Fund and as shall have remained unclaimed for the period of six years after the same shall have been so placed shall N.S.W. 12: V. 25; be carried to and form part of the Consolidated Revenue Fund. revenue. Q. 6; N.Z. 9. (2.) No person shall be entitled to receive any such sum which shall have remained unclaimed for six years; but no time during which the person entitled to the benefit of such sum shall have been an infant or of unsound mind or out of the Commonwealth shall be taken into account in estimating the said period of six years. (3.) Provided that any sum the claim to which is established to the satisfaction of the Governor-General after the same shall have been carried to the credit of the Consolidated Revenue Fund may be withdrawn therefrom and refunded upon the authority of the Governor-General. PAYMENT OF MONEYS. 31. No money shall be drawn from the Commonwealth Public How moneys are Account except in the manner provided by this Act. to be issued. W.A.9; Tas. 10; S.A. 8. prepare statement of moneys required. Second 32.-(1.) The Treasurer shall as often as occasion may require calculate the amount of money likely to become due and payable out of the Commonwealth Public Account during a period of not more than three months, and shall thereupon prepare an instrument in the form contained in the Second Schedule to this Act or to the like effect and shall set forth therein the said amount classifying and arranging it (if for the public service) under the same divisions and subdivisions that shall have been employed in the appropriation thereof, or stating (if not for the public service) the purpose for which it is payable, and after having signed such instrument shall transmit the same to the Auditor-General for his countersignature. (2.) Before countersigning any such instrument as aforesaid the Auditor-General shall ascertain that the sums therein mentioned are legally available for and applicable to the services or purposes mentioned in such instrument; and after countersigning such 10 NZ instrument shall return the same to the Treasurer who shall thereupon submit it to the Governor-General for his approval and signature. Auditor-Genera to be guided by appropriation. N.S. W. 17; V. 29; 44-46; W. A. 10. may return W.A. 11; (3.) In case the Auditor-General finds that the sums therein Auditor-Genera mentioned or any of them are not legally available for or applicable instrument. to the services or purposes therein set forth, he shall return the said 11; N.Z. 53; instrument to the Treasurer attaching thereto a paper setting forth in writing the sum or sums not found by him to be legally available or applicable as aforesaid and the grounds on which he withholds his signature. (4.) Such instrument when countersigned by the Auditor-General Such instrument and approved and signed by the Governor-General but not otherwise to be warrant. shall be the warrant for the issue of the drafts and cheques herein after mentioned. 33.-(1.) When the said warrant shall have been so signed by the Governor-General the Treasurer or his deputy may issue drafts or cheques upon the Commonwealth Public Account in such form as shall be directed by the Treasurer, and such drafts or cheques shall be sufficient authority to the bank in which the said account is kept to debit the said account with the amounts mentioned therein. (2.) When the said warrant shall have been so signed by the Governor-General the Treasurer or his deputy may either pay any Duty of paying and certifying officers. account direct or may withdraw from the said account such sums as may be required to defray any of the services or purposes enumerated in such warrant and advance the same to or lodge the same in some bank to the credit of any public accountant authorized by the Treasurer to make payments. (3.) In special cases where the Treasurer may consider it expedient the Treasurer or his deputy may in lieu of the advance or lodgment herein before referred to and in anticipation of accounts to be afterwards rendered establish a credit in any bank in favour of any such public accountant. (4.) Every public accountant in whose favour a credit shall have been so established shall forthwith after the payment of such accounts as aforesaid or at such other times as the Treasurer may direct transmit to the Treasurer or his deputy accounts or abstracts duly vouching for the several sums paid from such credit. (5.) The Treasurer or his deputy upon the receipt of such accounts or abstracts may withdraw from the said account such sums as may be necessary to cover the amounts so paid, and lodge the same in such bank to the credit of the public accountant who shall have made the payments. (6.) The amounts mentioned in such drafts or cheques and for such credits shall not collectively in any case exceed the amount of the items set forth in the said warrant and any previous unexhausted warrants of the like nature. (7.) Except as provided in this Act no draft or cheque shall be drawn upon or money withdrawn from the said account. 34.-(1.) No public accountant shall pay any account unless he shall have been authorized so to do by some person appointed by the Governor-General for that purpose and unless such account shall NSW. 19, 20, 21. have been duly certified as correct by some person appointed by the Governor-General for that purpose. V. 31 S. A. 10. W. A. 14. Q. 15. (2.) No such person shall authorize the payment of any account until he shall have ascertained that the payment thereof in addition to any accounts already certified will not exceed the amount of the appropriation made for that purpose. (3.) No such person shall certify to any account until he shall have ascertained that the expenditure has been duly authorized and that such account is correct and is charged against the proper head of expenditure. (4.) Every account shall be considered duly authorized if it is in accordance with any existing law or regulation or has been directly sanctioned by the Treasurer and if chargeable on the Consolidated Revenue Fund is covered by any Appropriation Act or any Act authorizing the issue and application of moneys out of such fund in force at the time of payment. (5.) The correctness of every account in regard to computations. castings rates of charge and the faithful performance of the services. charged shall be certified by the person incurring the expense. (6.) Except as hereafter provided at the time of paying any account every public accountant shall obtain a receipt under the hand of the person to whom the same is payable or under the hand of some person or banker authorized in writing by such first-mentioned person for the amount so paid which shall always be set out in words at full length. (7.) Any person to whom an account is payable may in such account direct that on such account being passed for payment an order authorizing the bearer thereof to receive the amount of such account shall be transmitted to him and the Treasurer or his deputy may if he think fit transmit such order to such person by registered letter and any person producing such order signed by such firstmentioned person shall be entitled to receive payment of such amount and such payment shall be as valid and effectual in all respects as if made to such first-mentioned person personally and such order shall for all purposes be deemed a valid and effectual receipt for such amount and where such order has been so transmitted the Treasurer or his deputy shall not be bound to pay such account until such order shall be returned to him. (8.) No account shall be paid by any public accountant until he shall have ascertained that the regulations have been complied with so far as the same relate to the payment of accounts. 35. Notwithstanding anything contained in this Act the Treasurer or his deputy may, for the purpose of adjusting the accounts of the various States, transfer by cheque or draft money forming portion of the Commonwealth Public Account from any bank to any other bank within the Commonwealth. year Adjustment of accounts of the by transfer from another. various States one bank to be issued except for payment during year of appropriation. 36.-(1.) Every appropriation made out of the Consolidated No money shall Revenue Fund for the service of any financial year shall lapse and cease to have any effect for any purpose at the close of that and any balance of the moneys so appropriated which may then be unexpended shall lapse and the accounts of the year shall be then closed. (2.) The Minister of each Department shall within thirty days after the close of the financial year prepare and transmit to the Treasurer a statement of all claims in respect of the services of his department outstanding at the close of such year which might by law have been paid out of the Consolidated Revenue Fund during such year. 37.-(1.) If the exigencies of the public service render it necessary to alter the proportions assigned to the particular items comprised under any subdivision in the annual supplies the GovernorGeneral may by order direct that there shall be applied in aid of any item that may be deficient a further limited sum out of any surplus arising on any other item under the same subdivision unless such subdivision shall be expressly stated to be "unalterable." (2.) Every order by which such altered application may be made shall be delivered to the Auditor-General, and a copy thereof shall be laid before both Houses of the Parliament within seven days after the making thereof if the Parliament be then in session and actually sitting or if the Parliament be not then in session or actually sitting within seven days after the commencement of the next session or sitting. NS. W. 22; V. 33:18; N.Z. 37; W. A. 15; Tas. 28; S. A. 12. Liabilities to be shown. N.Z. 38. Power to vary the annual appropriation. N.S. W. 23: V. 32:19; N.Z. 40; W. A. 17. |