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AUSTRALIAN INSTITUTE OF SPORT BILL 1986
AUSTRALIAN INSTITUTE OF SPORT (CONSEQUENTIAL PROVISIONS) BILL 1986

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bills.

In the Committee

AUSTRALIAN INSTITUTE OF SPORT BILL 1986-

Consideration resumed of clause 15 and of the amendment moved thereto by Senator Vigor, viz: Page 6, after sub-clause (6), insert the following new sub-clause:

""(6a) Appointments to the Board shall be such that the members of the board consist, as far as is practicable, of equal numbers of men and women.''.

Question-That the words proposed to be inserted be inserted-put and negatived.

Clause 15 agreed to.

Clause 6, by leave, reconsidered.

On the motion of Senator Vigor the following amendments were, by leave, taken together, debated and agreed to, viz:

Page 2, paragraph (1) (a), line 36, before ""development'', insert ""recognition and''.

Page 2, sub-paragraph (1) (a) (ii), line 40, after ""coaches'', insert "", umpires, referees or officials essential to the conduct of sport''.

Clause 6, as amended, agreed to.

Clauses 16 to 20, by leave, taken together and agreed to.

Clause 21 read-

Senator Vigor moved an amendment, viz:

Page 8, sub-clause (8), line 41, leave out all words after ""vote'' (first occurring), insert ""only, and in the event of an equality of votes the question before the Board shall be resolved in the negative''.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Amendment negatived accordingly.

Clause 21 agreed to.

Clauses 22 to 37, by leave, taken together and agreed to.

Clause 38 read-

On the motion of the Minister for Education (Senator Ryan) the following amendment was debated and agreed to, viz:

Page 14, after sub-clause (1), insert the following new sub-clause:

""(1a) Division 2 of Part XI of the Audit Act 1901 (as that Division applies by virtue of sub-section (1) of this section) has effect in relation to the year ending on 30 June 1987 in accordance with section 17 of the Australian Institute of Sport (Consequential Provisions) Act 1986.''.

Clause 38, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole and agreed to.

AUSTRALIAN INSTITUTE OF SPORT (CONSEQUENTIAL PROVISIONS) BILL 1986-

Bill, by leave, taken as a whole.

On the motion of Senator Ryan the following amendment was agreed to, viz:

Pages 6 to 8, clauses 17 and 18, line 14 (page 6) to line 5 (page 8), leave out the clauses, insert the following clause:

Application of Division 2 of Part XI of Audit Act in relation to year ending on 30 June 1987

""17. Division 2 of Part XI of the Audit Act 1901 (as that Division applies by virtue of sub-section 38 (1) of the Australian Institute of Sport Act 1986) has effect in relation to the year ending on 30 June 1987 as if-

(a) sub-sections 63g (3) and (4) were omitted and the following sub-sections were substituted:

"(2a) The Auditor-General may inspect and audit such of the accounts and records of financial transactions (including transactions relating to money received or held on trust) of the company named ""Australian Institute of Sport'' that was incorporated on 24 September 1980 under the Companies Ordinance 1962 of the Australian Capital Territory and records relating to the assets (including assets held on trust) of, or in the custody of, the company, being accounts and records in so far as they-

(a) relate to the period commencing on 1 July 1986 and ending immediately before the Australian Institute of Sport Act 1986 came into operation; and

(b) have become assets of the authority under section 12 of that Act,

and shall forthwith draw the attention of the appropriate Minister in relation to the authority to any irregularity disclosed by the inspection and audit that is, in the opinion of the Auditor-General, of sufficient importance to justify the Auditor-General in so doing.

"(3) The Auditor-General shall-

(a) at least once in the year ending on 30 June 1988, report to the appropriate Minister the results of the inspection and audit carried out under sub-section (1) of the accounts and records of the authority in so far as they relate to the period commencing on the day on which the Australian Institute of Sport Act 1986 came into operation and ending on the expiration of 30 June 1987; and

(b) at the time at which the Auditor-General makes the first such report to that Minister, also report to that Minister the results of any inspection and audit, carried out by the Auditor-General under this Act or any other Act, of the accounts and records of the company referred to in sub-section (2a) in so far as they relate to the period commencing on 1 July 1986 and ending immediately before the Australian Institute of Sport Act 1986 came into operation.

"(4) The Auditor-General or a person authorised by the Auditor-General is entitled at all reasonable times to full and free access to-

(a) all accounts and records of the authority relating directly or indirectly to the receipt or payment of money by the authority or to the acquisition, receipt, custody or disposal of assets by the authority; and

(b) all accounts and records of the company referred to in sub-section (2a) that have become assets of the authority under section 12 of the Australian Institute of Sport Act 1986, being accounts and records relating directly or indirectly to the receipt or payment of money (including money received or held by the company on trust) by the company or to the acquisition, receipt, custody or disposal of assets (including assets received or held by the company on trust) by the company.'; and

(b) section 63h were omitted and the following section were substituted:

Annual report and financial statements

"63h. (1) The authority shall, as soon as practicable after 30 June 1987, prepare and submit to the appropriate Minister in relation to the authority a report of-

(a) the operations of the company referred to in sub-section 63g (2a) during the period (in this section referred to as the ""first period'') commencing on 1 July 1986 and ending immediately before the Australian Institute of Sport Act 1986 came into operation; and

(b) the operations of the authority during the period (in this section referred to as the ""second period'') commencing on the day on which that Act came into operation and ending on the expiration of 30 June 1987,

together with financial statements in respect of the year ending on 30 June 1987, in such form as the Minister administering this Act approves, that-

(c) in so far as they are statements in respect of the first period, relate to the company during that period; and

(d) in so far as they are statements in respect of the second period, relate to the authority during that period.

"(1a) The report referred to in sub-section (1) shall, in so far as it relates to the company referred to in sub-section 63g (2a), be prepared by the authority having regard to-

(a) such of the accounts and records of the company as have become assets of the authority under section 12 of the Australian Institute of Sport Act 1986; and

(b) any information concerning the operation of the company that is given to the authority by persons who were members of the Board of Management or staff of the company.

"(1b) The financial statements referred to in sub-section (1) shall, in so far as they relate to the company referred to in sub-section 63g (2a), be based on the accounts and records referred to in paragraph (1a) (a) of this section.

"(2) Before submitting financial statements to the appropriate Minister under sub-section (1), the authority shall submit them to the Auditor-General, who shall report to the appropriate Minister-

(a) whether, in the opinion of the Auditor-General, the statements are based on proper accounts and records;

(b) whether the statements are in agreement with the accounts and records and, in the opinion of the Auditor-General, show fairly-

(i) the financial transactions of the company referred to in sub-section 63g (2a) during the first period; and

(ii) the financial transactions and the state of affairs of the authority during the second period;

(c) whether, in the opinion of the Auditor-General, the receipt, expenditure and investment of monies and the acquisition and disposal of assets, by the company during the first period have been in accordance with the law;

(d) whether, in the opinion of the Auditor-General, the receipt, expenditure and investment of monies and the acquisition and disposal of assets, by the authority during the second period have been in accordance with the enactment establishing the authority; and

(e) as to such matters arising out of the statements as the Auditor-General considers should be reported to the appropriate Minister.

"(3) The appropriate Minister shall cause copies of the report and financial statements together with a copy of the report of the Auditor-General to be laid before each House of the Parliament within 15 sitting days of that House after their receipt by the appropriate Minister.'.''.

Bill, as amended, agreed to.

Australian Institute of Sport Bill 1986 to be reported with amendments and Australian Institute of Sport (Consequential Provisions) Bill 1986 to be reported with an amendment.

The Acting Deputy-President (Senator Jones) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported accordingly.

On the motion of Senator Ryan the Report from the Committee was adopted and the Bills read a third time.