Australian Capital Territory Numbered Regulations

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FINANCE REGULATIONS (NO. 8 OF 1989) - REG 24

24. (1) Where supplies are required by an administrative unit for the proper conduct of the Public Service, an officer of that unit shall make a request in writing in accordance with a procedure approved in writing by the Minister to spend money from the Territory Public Account.

(2) Subject to subregulation (3), a request to spend money from the Territory Public Account shall—

        (a)     where a payment in respect of the supplies is to be made during the financial year that is current when the request is made—be supported by a certificate signed by the head of administration in relation to the request certifying—

              (i)     that there is sufficient appropriation to meet the payment; or

              (ii)     that the obligation in pursuance of which the supplies are required was incurred with the approval of the Minister; and

        (b)     where a payment in respect of the supplies is to be made after the end of the financial year that is current when the request is made— be supported by a certificate signed by the head of administration in relation to the request certifying—

              (i)     that sufficient appropriation will be available to meet the payment; or

              (ii)     that the payment is an exempt payment.

(3) Subregulation (2) does not apply in relation to a request if—

        (a)     the head of administration in relation to the request has, before the issue of the request, given a certificate that an amount specified in the certificate is available for expenditure on supplies required for a purpose specified in the certificate;

        (b)     the request relates to supplies that are required for that purpose; and

        (c)     the sum of—

              (i)     the amount specified in the request to be the cost or estimated cost of the supplies specified in the request; and

              (ii)     any amount specified in previous requests covered by the certificate to be the cost or estimated cost of supplies specified in those requests;

does not exceed the amount specified in the certificate to be available.

(4) The head of administration in relation to a request shall not, for the purposes of subregulation (2)—

        (a)     certify that there is sufficient appropriation to meet a payment that is to be made in respect of the supplies during the financial year that is current when the request is made unless—

              (i)     moneys have been appropriated under a head of expenditure under which moneys may lawfully be expended during the current financial year that are sufficient to meet the payment and all other payments that have been met, or may reasonably be expected to be met during that financial year, from that head of expenditure;

              (ii)     provision for such an appropriation has been included in a proposed law submitted to the Assembly; or

              (iii)     moneys standing to the credit of the Trust Fund under the head to which expenditure in respect of the supplies is chargeable will, at such time as the payment is required to be made, be sufficient to pay the amount of the payment;

        (b)     certify that sufficient appropriation will be available to meet a payment that is to be made in respect of the supplies after the end of the financial year that is current when the request is made unless the Minister has given, for the purposes of paragraph 20 (1) (d), an approval in respect of the payment; or

        (c)     certify that a payment referred to in paragraph (b) is an exempt payment unless the obligation in pursuance of which the supplies are required is specified in, or is included in a class of obligations that is specified in, a declaration made by the Minister under subregulation 20 (3).

(5) The head of administration in relation to a request shall not, for the purposes of subregulation (3), certify that there is sufficient appropriation to meet a payment that is to be made in respect of the supplies during the financial year that is current when the request is made unless—

        (a)     moneys have been appropriated under a head of expenditure under which moneys may lawfully be expended during the current financial year that are sufficient to meet the payment and all other payments that have been met, or may reasonably be expected to be met during that financial year, from the head of expenditure;

        (b)     provision for such an appropriation has been included in a proposed law submitted to the Assembly; or

        (c)     moneys standing to the credit of the Trust Fund under the head to which expenditure in respect of the supplies is chargeable will, at such time as the payment is required to be made, be sufficient to pay the amount of the payment.

Approval of proposed expenditure



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