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Governance of Australian Government Superannuation Schemes Bill 2010

Part 3 Finance and reporting requirements

Division 1 Provisions relating to finance

27   Banking

                   CSC must pay all money received by it in respect of each superannuation fund administered by CSC into an account maintained by it with a bank.

28   Accounting records

             (1)  CSC must keep proper accounts and records of the transactions and affairs of each superannuation fund administered by CSC, in accordance with the accounting principles generally applied in commercial practice.

             (2)  CSC must take reasonable steps to ensure that:

                     (a)  all payments out of each superannuation fund administered by CSC are correctly made and properly authorised; and

                     (b)  adequate control is maintained over:

                              (i)  the assets of each superannuation fund administered by CSC; and

                             (ii)  the incurring of liabilities by CSC in respect of each superannuation fund administered by CSC.

             (3)  A director commits an offence if:

                     (a)  the director causes a requirement of this section to be breached; or

                     (b)  the director fails to take reasonable steps to comply with the requirement, or secure compliance with the requirement.

Penalty:  Imprisonment for 6 months or 30 penalty units, or both.



 

Division 2 Reporting requirements

29   Annual report and financial statements

             (1)  CSC must, by a date prescribed by the regulations, or, if no date is prescribed, as soon as practicable after the end of:

                     (a)  the financial year starting on 1 July 2010; and

                     (b)  each later financial year;

prepare and give to the Minister:

                     (c)  a report dealing with:

                              (i)  the performance of its functions in relation to each superannuation scheme and superannuation fund administered by CSC (other than the 1922 scheme, DFRB, DFRDB and PNG) during the year; and

                             (ii)  the general administration of the Acts and provisions mentioned in subsection (2) during the year; and

                     (d)  financial statements in respect of the management of each superannuation fund administered by CSC in a form agreed between the Minister and the Board.

             (2)  For the purpose of subparagraph (1)(c)(ii), the Acts and provisions are:

                     (a)  the Defence Force Retirement and Death Benefits Act 1973 ; and

                     (b)  the Defence Forces Retirement Benefits Act 1948 (other than Part III of that Act); and

                     (c)  provisions of the Papua New Guinea (Staffing Assistance) Act 1973 that deal with superannuation; and

                     (d)  the Superannuation Act 1922 .

             (3)  Before giving the financial statements to the Minister, CSC must submit them to the Auditor-General, who must audit and report to the Minister:

                     (a)  whether the statements are based on proper accounts and records; and

                     (b)  whether the statements are in agreement with the accounts and records and show fairly the financial transactions and the state of each superannuation fund administered by CSC; and

                     (c)  whether the receipt of money into, the payment of money out of, and the investment of money standing to the credit of, each superannuation fund administered by CSC during the year have been in accordance with:

                              (i)  this Act and the relevant Acts administered by CSC; and

                             (ii)  the relevant governing deeds; and

                     (d)  as to such other matters arising out of the statements as the Auditor-General considers should be reported.

             (4)  The Minister must cause a copy of:

                     (a)  the report prepared by CSC; and

                     (b)  the financial statements prepared by CSC; and

                     (c)  the report of the Auditor-General in respect of the financial statements;

to be tabled in each House of the Parliament within 15 sitting days of that House after the receipt of whichever of those documents was last received by the Minister.

             (5)  If the Board has not complied with subsection (1) within a period of 6 months after the end of a financial year, CSC must, within 14 days after the end of that period, give to the Minister:

                     (a)  an interim report on the performance of its functions in relation to each superannuation scheme and superannuation fund administered by CSC during that year; and

                     (b)  interim financial statements in respect of the management of each superannuation fund administered by CSC during that year.

Note:          See also subsection 36(4).

             (6)  The financial statements given to the Minister under subsection (5) must be in the form agreed between the Minister and the Board for the purposes of subsection (1), but need not be accompanied by a report of the Auditor-General.

             (7)  If CSC gives a report and financial statements to the Minister under subsection (5), the Minister must:

                     (a)  cause a copy of the report and a copy of the financial statements to be tabled in each House of the Parliament within 15 sitting days of that House after their receipt by the Minister; and

                     (b)  make the report and financial statements available to the public.

             (8)  A report given under paragraph (5)(a) is not a legislative instrument.