Auditor-General Act 2009

An Act to provide for the Queensland Auditor-General and the Queensland Audit Office and the audit of the State’s public finances and all public sector entities

1Short title

This Act may be cited as the Auditor-General Act 2009.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Main objects of Act

The main objects of this Act are as follows—

(a)to establish the position of the Queensland Auditor-General and the Queensland Audit Office;

(b)to confer on the Queensland Auditor-General and the Queensland Audit Office the functions and powers necessary to carry out independent audits of the Queensland public sector and related entities;

(c)to provide for the strategic review of the Queensland Audit Office;5

(d)to provide for the independent audit of the Queensland Audit Office.

4Dictionary

The dictionary in the schedule defines particular words used in this Act.

5What is a controlled entity

(1)An entity is a controlled entity if it is subject to the control of 1 or more of the following (the controlling entity)—

(a)a department;

(b)a local government;

(c)a statutory body;

(d)a GOC;

(e)another entity subject to the control of 1 or more of the entities mentioned in paragraphs (a) to (d).

(2)In this section—

control means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with it in pursuing the objectives of the controlling entity.

6Auditor-general and audit office

(1)There is to be a Queensland Auditor-General.

(2)The auditor-general is an officer of the Parliament.

(23)Also, there is to be a Queensland Deputy Auditor-General.

(34)An office called the Queensland Audit Office is established.

(45)The office consists of the auditor-general, the deputy auditor-general and the staff of the audit office.

7Control of audit office

The auditor-general is to control the audit office.

8Auditor-general not subject to direction

(1)The auditor-general is not subject to direction by any person about—

(a)the way in which the auditor-general’s powers in relation to audit are to be exercised; or

(b)the priority to be given to audit matters.

(2)Subsection (1) applies despite the Public Service Act 2008.

9Appointment of auditor-general

(1)The auditor-general is to be appointed by the Governor in Council.

(2)A person may be appointed as the auditor-general only if—

(a)press advertisements have been placed nationally calling for applications from suitably qualified persons to be considered for appointment; and

(b)the Minister has consulted with the parliamentary committee about—

(i)the process of selection for appointment; and

(ii)the appointment of the person as the auditor-general.

s 9 amd 2011 No. 24s 7

10Duration of appointment

The appointment of the auditor-general is for a fixed, non-renewable term of 7 years.

s 10 sub 2011 No. 24s 8

11Terms of appointment

(1)The auditor-general holds office on a full-time basis.

(2)The auditor-general is to be paid a salary at a rate decided by the Governor in Council.

(3)The auditor-general is entitled to the allowances and holds office, to the extent the terms are not provided for by this Act, on the terms decided by the Governor in Council.

(4)Advice to the Governor in Council regarding the salary, allowances and other terms is only to be given after consultation with the parliamentary committee.

(5)The salary and allowances of the auditor-general are payable out of the consolidated fund, which is appropriated accordingly.

(6)The rate of remuneration of the auditor-general must not be reduced during the term of office without the auditor-general’s written consent.

12Declaration of interests

(1)This section applies to the auditor-general on appointment.

(2)The auditor-general must, within 1 month, give the Speaker a statement setting out the information mentioned in subsection (3) in relation to—

(a)the interests of the auditor-general; and

(b)the interests of each person who is a related person in relation to the auditor-general.

(3)The information to be set out in the statement is the information that would be required to be disclosed under the Parliament of Queensland Act 2001, section 69B if the auditor-general were a member of the Legislative Assembly.

(4)Subsections (5) and (6) apply if, after the giving of the statement—

(a)there is a change in the interests mentioned in subsection (2); and

(b)the change is of a type that would have been required to be disclosed under the Parliament of Queensland Act 2001, section 69B if the auditor-general were a member of the Legislative Assembly.

(5)The auditor-general must give the Speaker a revised statement.

(6)The revised statement must—

(a)be given as soon as possible after the relevant facts about the change come to the auditor-general’s knowledge; and

(b)comply with subsection (3).

(7)The Speaker must, if asked, give a copy of the latest statement to—

(a)the Premier; or

(b)the leader of a political party represented in the Legislative Assembly; or

(c)the Crime and Corruption Commission; or

(d)a member of the parliamentary committee; or

(e)the integrity commissioner.

(8)The Speaker must, if asked, give a copy of the part of the latest statement that relates only to the auditor-general to another member of the Legislative Assembly.

(9)A member of the Legislative Assembly may, by writing given to the Speaker, allege that the auditor-general has not complied with the requirements of this section.

(10)A reference in this section to an interest is a reference to the matter within its ordinary meaning under the general law and the definition in the Acts Interpretation Act 1954, schedule 1 does not apply.

(11)In this section—

integrity commissioner means the Queensland Integrity Commissioner under the Integrity Act 2009.

related person, in relation to the auditor-general, means—

(a)the auditor-general’s spouse; or

(b)a person who is totally or substantially dependent on the auditor-general and—

(i)the person is the auditor-general’s child; or

(ii)the person’s affairs are so closely connected with the affairs of the auditor-general that a benefit derived by the person, or a substantial part of it, could pass to the auditor-general.

s 12 sub 2010 No. 37s 12

amd 2011 No. 24s 9; 2013 No. 39s 110sch 3pt 1; 2014 No. 21s 94(2)sch 2

12AConflicts of interest

(1)If the auditor-general has an interest that conflicts or may conflict with the discharge of the auditor-general’s responsibilities, the auditor-general—

(a)must disclose the nature of the interest and conflict to the Speaker and parliamentary committee as soon as practicable after the relevant facts come to the auditor-general’s knowledge; and

(b)must not take action or further action concerning a matter that is, or may be, affected by the conflict until the conflict or possible conflict is resolved.

(2)If the conflict or possible conflict between an interest of the auditor-general and the auditor-general’s responsibilities is resolved, the auditor-general must give to the Speaker and parliamentary committee a statement advising of the action the auditor-general took to resolve the conflict or possible conflict.

(3)A reference in this section to an interest or to a conflict of interest is a reference to those matters within their ordinary meaning under the general law and, in relation to an interest, the definition in the Acts Interpretation Act 1954, schedule 1 does not apply.

s 12A ins 2010 No. 37s 12

amd 2013 No. 39s 110sch 3pt 1

13Restriction on outside employment

(1)The auditor-general must not—

(a)hold any office of profit other than that of auditor-general; or

(b)engage in any remunerative employment or undertaking outside the functions of the office.

(2)Contravention of subsection (1) is misconduct under section 17.

15Leave of absence

The MinisterSpeaker may grant leave of absence to the auditor-general in accordance with the terms on which the auditor-general holds office.

16Resignation

The auditor-general may resign by signed notice given to the Governor and the Speaker or, if there is no Speaker or the Speaker is unavailable, the clerk of the Parliament.

17Grounds for removal or suspension from office

The following are grounds for removal or suspension of the auditor-general from office—

(a)proved incapacity, incompetence or misconduct;

(b)conviction of an indictable offence;

(c)being an insolvent under administration as defined in the Corporations Act, section 9.

18Removal or suspension of auditor-general on address

(1)The Governor may, on an address of the Legislative Assembly, remove or suspend the auditor-general from office on any of the grounds listed in section 17.

(2)The motion for the address may only be moved by the Premier.

(3)The Premier may move the motion only if—

(a)the Premier has given the auditor-general a statement setting out the reasons for the motion; and

(b)the statement and any written response by the auditor-general have been laid before the Legislative Assembly; and

(c)the Premier has consulted with the parliamentary committee about the motion; and

(d)agreement to the motion has been obtained from—

(i)all members of the parliamentary committee; or

(ii)a majority of members of the parliamentary committee, other than a majority consisting only of the members of the political party or parties in government in the Legislative Assembly.

(4)The auditor-general is entitled to be paid remuneration and allowances for the period of a suspension only if—

(a)the Legislative Assembly resolves that remuneration and allowances be paid for the period; or

(b)the Governor in Council approves the payment of remuneration and allowances for the period.

19Suspension of auditor-general when Legislative Assembly not sitting

(1)When the Legislative Assembly is not in session, the Governor in Council may suspend the auditor-general on any of the grounds listed in section 17.

(2)However the auditor-general may be suspended under subsection (1) only if—

(a)the Premier has given the auditor-general a statement setting out the reasons for the suspension; and

(b)the Premier has considered any response by the auditor-general to the statement.

(3)The Premier must table the statement and any written response by the auditor-general in the Legislative Assembly within 3 sitting days after the day on which the suspension begins.

(4)A suspension made when the Legislative Assembly is not in session stops having effect—

(a)subject to paragraph (b)—at the end of 7 sitting days after the day on which the suspension begins; or

(b)if the auditor-general is earlier suspended or removed from office on an address of the Legislative Assembly—at the earlier time.

(5)If the suspension stops having effect under subsection (4)(a), the auditor-general is entitled to be paid remuneration and allowances for the period of the suspension.

(6)Other than as provided in subsection (5), the auditor-general is entitled to be paid remuneration and allowances for the period of a suspension only if—

(a)the Legislative Assembly resolves that remuneration and allowances be paid for the period; or

(b)the Governor in Council approves the payment of remuneration and allowances for the period.

s 19 amd 2011 No. 24s 10

20Delegation of powers

(1)The auditor-general may delegate powers under any Act to an authorised auditor.

(2)However, the auditor-general must not delegate a power to report to the Legislative Assembly.

21Estimates

(1)The auditor-general must prepare, for each financial year, estimates of proposed receipts and expenditure relating to the audit office.

(2)The auditor-general must give the estimates to the Treasurer.

(3)The Treasurer must consult with the parliamentary committee in developing the proposed budget of the audit office for each financial year.

23Duties of deputy auditor-general

(1)The deputy auditor-general is to perform the duties directed by the auditor-general.

(2)The deputy auditor-general is to act as auditor-general—

(a)during vacancies in the office of auditor-general; and

(b)during periods when the auditor-general is absent from duty or Australia or is, for another reason, unable to perform the functions of the office.

(3)While the deputy auditor-general is acting as auditor-general—

(a)the deputy auditor-general has all the powers and functions of the auditor-general; and

(b)this Act and other Acts apply to the deputy auditor-general as if the deputy auditor-general were the auditor-general.

(4)Anything done by or in relation to the deputy auditor-general while the deputy auditor-general is purporting to act as auditor-general is not invalid merely because the occasion for the deputy auditor-general to act had not arisen or had ceased.

24Deputy auditor-general subject only to direction of auditor-general

(1)The deputy auditor-general is not subject to direction by any person, other than the auditor-general, about—

(a)the way in which the auditor-general’s powers in relation to audit are to be exercised; or

(b)the priority to be given to audit matters.

(2)Subsection (1) applies despite the Public Service Act 2008.

25Declaration of interests and conflicts of interest

(1)Section 12 applies to the deputy auditor-general in the same way as it applies to the auditor-general.

(2)If the deputy auditor-general is acting as auditor-general, section 12A applies to the deputy auditor-general in the same way as it applies to the auditor-general.

s 25 amd 2010 No. 37s 13

pt 3 hdg amd 2011 No. 24s 11

30Auditor-general to audit consolidated fund and public sector entities unless exempted

(1)The auditor-general must, for each financial year, audit—

(a)the consolidated fund; and

(b)all public sector entities.

(2)However, the auditor-general must not audit the audit office.

(3)Subsection (1) does not apply to—

(a)a public sector entity exempted from audit by the auditor-general—

(i)under section 30A; or

(ii)under a regulation made under section 31; or

(b)a controlled entity that is audited by an auditor approved by the auditor-general under section 32.

s 30 amd 2011 No. 24s 12

30AExemption of public sector entities from audit by auditor-general under s 30

(1)The auditor-general may, by written notice given to a public sector entity, exempt the public sector entity from audit by the auditor-general for a financial year under section 30.

(2)The auditor-general may grant the exemption only if the auditor-general is reasonably satisfied that the audit of the public sector entity for the financial year is small in size and of low risk having regard to a general standard mentioned in section 58(1)(a)(iii).

(3)If the auditor-general grants the exemption, the public sector entity must engage an appropriately qualified person to audit the public sector entity for the financial year.

(4)For the purposes of auditing the public sector entity—

(a)the person engaged to audit the public sector entity (the engaged auditor) has all the powers of an authorised auditor; and

(b)this Act and other Acts apply to the engaged auditor as if the engaged auditor were an authorised auditor.

(5)The engaged auditor must give the certified annual financial statements and a report on the audit to—

(a)if the public sector entity is a department—the accountable officer of the department; or

(b)otherwise—the chief executive officer or chairperson of the public sector entity.

(6)The public sector entity must give the auditor-general any document about the audit of the public sector entity requested by the auditor-general.

(7)A notice under subsection (1) may exempt a public sector entity for a maximum of 3 financial years.

(8)However, more than 1 notice may be made under subsection (1) for a public sector entity.

(9)The auditor-general may repeal an exemption granted to a public sector entity under subsection (1) by written notice given to the public sector entity.

(10)A valid exercise of a function or power under an exemption continues to be valid despite the exemption being revoked.

(11)A list of public sector entities granted an exemption under subsection (1) must be published by the auditor-general on the website of the audit office.

(12)This section does not prevent the auditor-general from performing any of the functions or exercising any of the powers of the auditor-general under this Act for the audit of a public sector entity granted an exemption under subsection (1).

(13)In this section—

appropriately qualified person, to audit a public sector entity, means—

(a)a member of CPA Australia who is entitled to use the letters ‘CPA’ or ‘FCPA’ and holds a current public practice certificate issued by CPA Australia; or

(b)a member of the Institute of Chartered Accountants in Australia who is entitled to use the letters ‘CA’ or ‘FCA’ and holds a current certificate of public practice issued by the institute; or

(c)a member of the Institute of Public Accountants who is entitled to use the letters ‘MIPA’ or ‘FIPA’ and holds a professional practice certificate issued by the institute.

s 30A ins 2011 No. 24s 13

31Exemption of certain public sector entities from audit by auditor-general

(1)A regulation may—

(a)exempt a public sector entity from audit by the auditor-general; and

(b)provide that a person appointed under, or in a way stated in, the regulation must audit the public sector entity.

(2)Before a regulation is made under subsection (1), the Minister must consult with the auditor-general about the proposed regulation.

(3)For the purpose of conducting an audit under a regulation made under subsection (1)(b)—

(a)the person appointed under the regulation has all the powers of an authorised auditor; and

(b)this Act and other Acts apply to the person as if the person were an authorised auditor.

32Exemption of foreign-based controlled entities and other controlled entities from audit by auditor-general

(1)A controlled entity may be audited by an auditor approved by the auditor-general if 1 or more of the following apply—

(a)the controlled entity is based in or has significant operations in a country other than Australia;

(b)the controlled entity is legally obliged to be audited under a law of a country other than Australia;

(c)the controlled entity operates in cooperation with, or in a corporate group with—

(i)other public sector entities that have been exempted from being audited by the auditor-general under section 30A; or

(ii)other public sector entities that have been exempted from being audited by the auditor-general under a regulation made under section 31; or

(iii)other controlled entities that have been exempted from being audited by the auditor-general under paragraph (a), (b) or (d);

(d)preparation of the audit for the controlled entity would require specialist skills.

(2)The controlled entity exempted under subsection (1) must give any audit report in relation to the controlled entity to the auditor-general as soon as reasonably practicable after the audit report has been received by the controlled entity.

s 32 amd 2011 No. 24s 14

33Appropriate Minister or authority to give Treasurer and auditor-general information about public sector entities

(1)This section applies if—

(a)a public sector entity is established or abolished (a notifiable event); or

(b)an entity becomes a public sector entity or stops being a public sector entity (also a notifiable event).

(2)If the public sector entity is a GOC or a prescribed subsidiary of a GOC, the board of the GOC or the subsidiary must give the auditor-general a written notice about the notifiable event.

(3)For other public sector entities, the appropriate Minister for the public sector entity must give the Treasurer and the auditor-general a written notice about the notifiable event.

(4)For all public sector entities if the auditor-general asks the Minister, or for a GOC, the shareholding Ministers of the corporation, for information about the public sector entity, the Minister or shareholding Ministers must give the auditor-general the information.

(5)This section does not apply to a public sector entity that is, or is a part of, a department.

(6)In this section—

prescribed subsidiary means a subsidiary prescribed under a regulation.

34Auditor-general to be appointed auditor of every company public sector entity

(1)The shareholders of a company that is a public sector entity must—

(a)appoint the auditor-general to be the auditor of the company; and

(b)ensure that the auditor-general remains, at all times, the auditor of the company while the company remains a public sector entity.

(2)Subsection (1) does not apply to—

(a)a company granted an exemption from audit by the auditor-general under section 30A; or

(b)a company exempt from audit by the auditor-general under a regulation made under section 31; or

(c)a controlled entity that may be audited by an auditor approved by the auditor-general under section 32.

s 34 amd 2011 No. 24s 15

35Audits at request of Legislative Assembly

(1)The auditor-general may conduct an audit of a matter relating to the financial administration of a public sector entity if the Legislative Assembly, by resolution, requests the audit.

(1)If the Legislative Assembly, by resolution, requests the auditor-general to conduct an audit of a matter relating to the financial administration of a public sector entity, the auditor-general must conduct the audit.

(2)This section does not apply to the financial administration of the audit office.

36By-arrangement audits

(1)The auditor-general may audit an entity that is not a public sector entity if asked by the Minister or a public sector entity.

(2)The auditor-general may audit the entity only if the entity agrees to the audit.

36AAuditor-general may conduct audit of matters

(1)The auditor-general may conduct an audit of a matter relating to property that is, or was, held or received by a public sector entity and given to a non-public sector entity.

(2)The object of conducting the audit includes deciding whether the property has been applied economically, efficiently and effectively for the purposes for which it was given to the non-public sector entity.

Note—

Property includes money. See the Acts Interpretation Act 1954, schedule 1.

(3)If the auditor-general conducts an audit under subsection (1), the auditor-general must apply the general standards set out in the auditor-general’s report mentioned in section 58.

s 36A ins 2011 No. 24s 16

amd 2013 No. 39s 110sch 3pt 1

37Way in which audit is to be conducted

(1)The auditor-general may conduct an audit in the way the auditor-general considers appropriate.

(2)In deciding the appropriate way to conduct an audit, the auditor-general may have regard to—

(a)the character of the internal control system of the entity to be audited, including internal audit; and

(b)recognised standards and practices.

(3)Subsection (2) does not limit the matters to which the auditor-general may have regard.

(4)For the audit of a company, the auditor-general is not limited to conducting the audit under the Corporations Act, and may do anything else the auditor-general considers appropriate.

37APerformance audit of public sector entities

(1)The auditor-general may conduct an audit (a performance audit) of all or any particular activities of a public sector entity.

(2)The performance audit may be conducted as a separate audit or as part of another audit, including an audit of another public sector entity under this section.

(3)The object of the performance audit includes—

(a)deciding whether the objectives of the public sector entity are being achieved economically, efficiently and effectively and in compliance with all relevant laws; and

(b)identifying any opportunities for the public sector entity to achieve its objectives more economically, efficiently and effectively.

(3)The object of the performance audit includes deciding whether the objectives of the public sector entity are being achieved economically, efficiently and effectively and in compliance with all relevant laws.

(4)When conducting the performance audit, the auditor-general must have regard to the prescribed requirements that apply to the entity.

(5)The auditor-general must not question the merits of policy objectives of the State or a local government, including—

(a)a decision of Cabinet; and

(b)a direction of a Minister; and

(c)a policy statement in the budget papers of the State or a local government; and

(d)a document evidencing a policy decision of Cabinet or a Minister; and

(e)a document evidencing a policy decision of a local government.

(6)The auditor-general may conduct a performance audit of the activities of a public sector entity that is a GOC or controlled entity of a GOC only if—

(a)the Legislative Assembly requested the audit by resolution; or

(b)the parliamentary committee, the Treasurer or an appropriate Minister requested the audit in writing.

(7)This section does not prevent the auditor-general from asking the parliamentary committee, the Treasurer or an appropriate Minister to make a particular request under subsection (6).

(86)In this section—

annual appropriation Act see the Financial Accountability Act 2009, section 6.

budget papers means the budget papers of the State tabled in Parliament with an annual appropriation Act.

s 37A ins 2011 No. 24s 17

38APreparation of strategic audit plans for performance audits

(1)The auditor-general must prepare a plan (a strategic audit plan) for audits under sections 37A and 38section 37A that the auditor-general proposes to conduct in the next 3 years.

(2)When preparing the strategic audit plan, the auditor-general must consult with the parliamentary committee and any relevant entity and prepare a draft of the strategic audit plan.

(3)The auditor-general must give the draft of the strategic audit plan to the parliamentary committee.

(4)The parliamentary committee must return the draft of the strategic audit plan with any comments to the auditor-general within 42 days of receiving the draft.

(5)The auditor-general must consider any comments made by the parliamentary committee when finalising the strategic audit plan.

(6)The strategic audit plan must be finalised before the end of each financial year.

(7)The strategic audit plan must be published by the auditor-general on the website of the audit office.

(8)No person is to direct the auditor-general in relation to the content of the strategic audit plan.

(9)In this section—

relevant entity means—

(a)a public sector entity that the auditor-general proposes to include in a draft of the strategic audit plan; or

(b)a portfolio committee for a public sector entity mentioned in paragraph (a).

s 38A ins 2011 No. 24s 19

39Audit of consolidated fund accounts

In auditing the consolidated fund accounts, the auditor-general must decide whether or not, in the auditor-general’s opinion—

(a)proper accounts were properly kept as required by law; and

(b)procedures applied were in accordance with the prescribed requirements and were adequate to ensure—

(i)proper control and safeguards were exercised over the collection, custody, banking, withdrawal, payment of, and accounting for, public moneys; and

(ii)public moneys were appropriately entered in the consolidated fund accounts as received in, or paid out of, the Treasurer’s consolidated fund bank account; and

(iii)withdrawals from the Treasurer’s consolidated fund bank account were made for lawful and appropriate purposes; and

(iv)proper safeguards were followed to prevent fraud and mistake; and

(v)the requirements of the law relating to public moneys were complied with in all material respects; and

(c)the consolidated fund financial report for a financial year under the Financial Accountability Act 2009, section 23—

(i)is in agreement with the consolidated fund accounts for the financial year; and

(ii)has been properly drawn up to give a true and fair view of the transactions in relation to the consolidated fund accounts for the financial year and the position of the consolidated fund at the end of the financial year.

40Audit of public sector entities

(1)The auditor-general must—

(a)audit the annual financial statements of a public sector entity; and

(b)prepare an auditor’s report about the financial statements.

(2)For subsection (1), the auditor-general must apply the general standards set out in the auditor-general’s report mentioned in section 58.

(3)Also, the auditor’s report about the financial statements of a public sector entity that is a department, statutory body or local government must state whether—

(a)the auditor-general has received all the information and explanations required by the auditor-general; and

(b)the auditor-general considers the prescribed requirements in relation to the establishment and keeping of accounts have been complied with in all material respects.

(4)As soon as practicable after the officers have certified the statements and the auditor-general has prepared the auditor’s report about the statements, the auditor-general must give—

(a)if the public sector entity is a department—

(i)the certified statements and the auditor’s report to the accountable officer of the department; and

(ii)a copy of the certified statements and the report to the appropriate Minister and the Treasurer; and

(b)if the public sector entity is a GOC—

(i)the certified statements and the auditor’s report to the chief executive officer of the GOC; and

(ii)a copy of the certified statements and the report to the appropriate Minister and the Treasurer; and

(c)if the public sector entity is a local government—

(i)the certified statements and the auditor’s report to the chief executive officer of the local government; and

(ii)a copy of the certified statements and the report to the mayor of the local government and the appropriate Minister; and

(d)if the public sector entity is a statutory body—

(i)the certified statements and the auditor’s report to the chief executive officer of the statutory body; and

(ii)a copy of the certified statements and the report to the appropriate Minister; and

(e)if the public sector entity is a controlled entity—

(i)the certified statements and the auditor’s report to the chief executive officer of the controlled entity; and

(ii)a copy of the certified statements and the report to the public sector entity that exercises control over the controlled entity and the appropriate Minister.

(5)If the public sector entity is a GOC, or a controlled entity of a GOC, it is enough for subsection (1) if the auditor-general audits the financial statements of the GOC that the GOC is required to provide under the Corporations Act.

(6)In this section—

annual financial statements includes final financial statements for abolished public sector entities.

s 40 amd 2011 No. 24s 20

41Audit of expenditure for ministerial offices

(1)The auditor-general must audit the full year report of expenditure of ministerial offices and prepare a report about it.

(2)The auditor-general’s report must state whether—

(a)the auditor-general has received all the information and explanations required by the auditor-general; and

(b)the auditor-general considers the full year report is an accurate report, in the required form, of expenditure for ministerial offices for the year concerned.

(3)As soon as reasonably practicable after the auditor-general prepares the report, the auditor-general must give the auditor-general’s report and the full year report to the appropriate Minister.

42Audit of consolidated whole-of-government financial statements

(1)The auditor-general must audit the consolidated whole-of-government financial statements and prepare a report about them.

(2)The report must state the following—

(a)whether the auditor-general has received all the information and explanations required by the auditor-general;

(b)whether the auditor-general considers the statements have been properly drawn up, under prescribed requirements, to give a true and fair view of—

(i)the financial operations and cash flows of the State for the financial year; and

(ii)the financial position at the end of that financial year.

(3)As soon as reasonably practicable after the auditor-general prepares the report, the auditor-general must give the statements and report to the Treasurer.

42AAuditor-general may conduct joint audit

The auditor-general may conduct an audit jointly, or in collaboration, with the auditor-general of the Commonwealth or another State if the auditor-general reasonably believes the Commonwealth or other State has an interest in the audit.

s 42A ins 2011 No. 24s 21

43Appointment of contract auditors

(1)The auditor-general may appoint an appropriately qualified individual who is not a member of the staff of the audit office to be a contract auditor.

(2)The appointment of a person to be a contract auditor may be general or limited to a particular audit.

(3)The contract auditor—

(a)is appointed on the terms stated in the instrument of appointment; and

(b)may resign the appointment by signed notice given to the auditor-general.

44Identity cards for authorised auditors

(1)The auditor-general may issue an identity card to an authorised auditor.

(2)The identity card must—

(a)contain a recent photograph of the authorised auditor; and

(b)be signed by the authorised auditor and the auditor-general.

(3)A person who stops being an authorised auditor must return the person’s identity card to the auditor-general as soon as practicable after the person stops being an authorised auditor, unless the person has a reasonable excuse.

Maximum penalty for subsection (3)—10 penalty units.

45Proof of authority as authorised auditor

An authorised auditor may exercise a power in relation to a person only if the authorised auditor produces his or her identity card for inspection by the person.

46Access to documents and property

(1)For the purpose of conducting an audit of the consolidated fund accounts, an authorised auditor must be given, at all reasonable times, full and free access to all documents and property relevant to the audit.

(2)Subject to subsection (5), for the purpose of conducting an audit of an entity under this Act, an authorised auditor must be given, at all reasonable times, full and free access to all documents and property belonging to, in the custody of, or under the control of, the entity.

(3)Subject to subsection (5), for the purpose of conducting an audit under this Act, an authorised auditor may—

(a)enter, at any reasonable time—

(i)a place occupied by a public sector entity or another entity subject to audit; or

(ii)a place occupied by a financial institution with which a public sector entity, or another entity subject to audit, maintains an account; or

(iii)another place if the occupier of the place consents to the entry; and

(b)inspect, examine, photograph or film anything in the place; and

(c)take extracts from, and make copies of, any documents in the place; and

(d)take into the place persons, equipment and materials that the authorised auditor reasonably requires; and

(e)require any person in the place to give to the authorised auditor reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d).

(4)A person must comply with a requirement made under subsection (3)(e), unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)For the purpose of conducting an audit under section 36A, subsections (2) and (3)(a)(i) and (ii) do not apply to a non-public sector entity subject to audit.

(6)It is not a reasonable excuse for a person who is an individual to fail to comply with a requirement made under subsection (3)(e) that complying with the requirement might tend to incriminate the person.

Note—

In this and similar provisions the reference to a person who is an individual is made because an individual may claim the privilege against self-incrimination.

(7)An answer by a person who is an individual under a requirement made under subsection (3)(e), or any information, document or other thing obtained as a direct or indirect consequence of the person giving the answer, is not admissible against the person in a criminal proceeding, other than a proceeding relating to the falsity of the answer, if the answer might in fact tend to incriminate the person.

(8)The fact that a document was produced by a person who is an individual under a requirement made under subsection (3)(e) is not admissible in evidence against the person in a criminal proceeding, other than a proceeding relating to the falsity of the document, if producing the document might in fact tend to incriminate the person.

s 46 amd 2011 No. 24s 22

47Obtaining information

(1)If it is reasonably necessary for the purposes of an audit under this Act, an authorised auditor may, by written notice given to a person, require the person to give to the authorised auditor stated information, within a reasonable period and in a reasonable way stated in the notice.

(2)A person must comply with a requirement made under subsection (1), unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(3)It is not a reasonable excuse for a person who is an individual to fail to comply with a requirement under subsection (1) that complying with the requirement might tend to incriminate the person.

(4)Information given by a person who is an individual under a requirement under subsection (1), or any other information or a document or other thing obtained as a direct or indirect consequence of the person giving the information, is not admissible against the person in a criminal proceeding, other than a proceeding relating to the falsity of the information, if giving the information might in fact tend to incriminate the person.

48Obtaining evidence

(1)If it is reasonably necessary for the purposes of an audit under this Act, an authorised auditor may, by written notice given to a person, require the person—

(a)to attend before an authorised auditor, at a reasonable time and place stated in the notice, to answer questions; and

(b)to produce to an authorised auditor, at a reasonable time and place stated in the notice, documents belonging to, in the custody of, or under the control of, the person.

(2)The authorised auditor before whom the person attends may require answers to be verified or given on oath, either orally or in writing, and for that purpose the authorised auditor may administer an oath.

(3)The oath to be taken by a person for this section is an oath that the answers the person will give will be true.

(4)An authorised auditor to whom a document is produced under a notice under subsection (1)—

(a)may keep the document for a reasonable period for the purposes of conducting the relevant audit; and

(b)may take extracts from and make copies of the document.

(5)While the authorised auditor has possession of the document, the authorised auditor must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the authorised auditor’s possession.

(6)The regulations must prescribe scales of allowances and expenses to be allowed to persons required to attend under this section.

(7)A person must comply with a notice under subsection (1), unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(8)It is not a reasonable excuse for a person who is an individual to fail to comply with a notice under subsection (1) that complying with the notice might tend to incriminate the person.

(9)An answer given by a person who is an individual under this section, or any information, document or other thing obtained as a direct or indirect consequence of the person giving the answer, is not admissible against the person in a criminal proceeding, other than a proceeding relating to the falsity of the answer if the answer might in fact tend to incriminate the person.

(10)The fact that a document was produced by a person who is an individual under this section is not admissible in evidence against the person in a criminal proceeding, other than a proceeding relating to the falsity of the document, if producing the document might in fact tend to incriminate the person.

49Compensation

(1)A person, other than a public sector entity, or anyone else subject to audit, who incurs any loss or expense—

(a)because of the exercise or purported exercise of a power under this division; or

(b)in complying with a requirement made of the person under this division;

      may claim compensation from the State.

(2)A payment of compensation may be claimed and ordered—

(a)in a proceeding for compensation brought in a court having jurisdiction in relation to the recovery of a debt in the amount of the compensation claimed; or

(b)during a proceeding for an offence against this Act brought against the person by whom the claim is made.

(3)A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to do so in the circumstances of the particular case.

50False or misleading information

A person must not state anything to an authorised auditor that the person knows is false or misleading in a material particular.

Maximum penalty—80 penalty units.

51Obstruction of authorised auditor

(1)A person must not obstruct an authorised auditor in the exercise of a power under this Act, unless the person has a reasonable excuse.

Maximum penalty—80 penalty units.

(2)In this section—

obstruct includes hinder and resist, and attempt to obstruct.

52Impersonation of authorised auditor

A person must not pretend to be an authorised auditor.

Maximum penalty—80 penalty units.

53Confidentiality and related matters

(1)This section applies to a person who is or has been any of the following, including before the commencement of this subsection—

(a)an authorised auditor;

(b)a person engaged by the auditor-general;

(c)a person engaged or employed by a contract auditor;

(d)a person receiving proposed reports, or extracts of proposed reports, under section 64.

(2)The person must not—

(a)make a record of protected information; or

(b)whether directly or indirectly, divulge or communicate protected information;

      unless the record is made, or the protected information is divulged or communicated, under this Act or in the performance of duties, as a person to whom this section applies, under this Act.

Maximum penalty—200 penalty units or imprisonment for 1 year.

(3)Subsection (2) does not prevent the disclosure of protected information to—

(a)the parliamentary committee or a portfolio committee; or

(b)the Crime and Corruption Commission; or

(c)a police officer, or an entity, responsible for the investigation or prosecution of offences in any jurisdiction; or

(d)a court for the purposes of the prosecution of a person for an offence in any jurisdiction; or

(e)if the auditor-general conducts an audit jointly, or in collaboration, with the auditor-general of the Commonwealth or another State under section 42A—the auditor-general of the Commonwealth or other State; or

(f)the Treasurer or the department in which the Financial Accountability Act 2009 is administered.

(4)Compliance by a person mentioned in subsection (1) in relation to the Corporations Act, section 311 or the Australian Securities and Investments Commission Act 2001, section 30A is declared to be an excluded matter for the Corporations Act, section 5F.

(5)Nothing in subsection (4) is intended to affect the power of a person mentioned in subsection (1) to disclose information to the Australian Securities and Investments Commission under subsection (3)(c).

(6)In this section—

protected information means information, observations, comments, suggestions or notations that—

(a)are not publicly available; and

(b)are disclosed to, obtained by or made by a person to whom this section applies in relation to an audit that has been, is being or will be conducted under this Act; and

(c)are relevant to the audit.

s 53 amd 2011 No. 24s 23; 2014 No. 21s 94(2)sch 2; 2019 No. 20s 4

54Report on audit

(1)The auditor-general may prepare a report on any audit conducted under this Act.

(2)An authorised auditor, other than the auditor-general, must give the auditor-general a report on every audit conducted by the authorised auditor.

(3)A report under subsection (1) or (2) may contain observations and suggestions about anything arising out of the audit.

(4)If the auditor-general considers that observations or suggestions made under subsection (3) require attention or further consideration, the auditor-general must give them, and any comments on them—

(a)if they arose out of an audit of the consolidated fund accounts—to the Treasurer and any other person whom the auditor-general considers to have a special interest in the report; or

(b)if they arose out of an audit of a department—to the accountable officer of the department and any other person whom the auditor-general considers to have a special interest in the report; or

(c)if they arose out of an audit of a matter under section 36A—

(i)for a report relating to a public sector entity—to the accountable officer, chief executive officer or chairperson of the public sector entity; and

(ii)to any other person whom the auditor-general considers to have a special interest in the report; or

(d)if they otherwise arose out of an audit of another entity—to the chief executive officer or chairperson of the entity and the person responsible for the financial administration of the entity, and any other person whom the auditor-general considers to have a special interest in the report.

(5)If the auditor-general considers that the observations or suggestions made under subsection (3) are of significance, the auditor-general must also give them, and any comments on them, to the appropriate Minister and the Treasurer.

s 54 amd 2011 No. 24s 24

55Protection from liability

(1)An authorised auditor does not incur civil liability for an act or omission done or omitted to be done honestly and without negligence under or for this Act.

(2)A liability that would, apart from subsection (1), attach to an authorised auditor attaches instead to the State.

56Audit fees

(1)The auditor-general may charge fees for an audit conducted by the auditor-general.

(2)The auditor-general may also charge reasonable costs and expenses incurred by or for the auditor-general in conducting the audit.

(3)The auditor-general may, under the Treasurer’s approval, decide the basic rates of fees.

(43)The auditor-general must assess the fees for an audit having regard to the basic rates of fees decided under subsection (3)section 56A.

(54)Unpaid fees may be recovered by the auditor-general as a debt due to the auditor-general.

57Act does not limit other powers of auditor-general

This Act does not limit any power the auditor-general has apart from this Act.

58Reports on auditing standards

(1)The auditor-general must prepare a report to the Legislative Assembly—

(a)setting out the general standards the auditor-general applies, or proposes to apply, to—

(i)the conduct of audits; and

(ii)the selection, engagement, and quality control of the work of contract auditors; and

(iii)a decision whether an audit of a public sector entity for a financial year is small in size and of low risk; and

(b)stating the extent to which the standards are in accordance with auditing standards made by relevant professional or statutory bodies.

(2)If the auditor-general later makes a significant change to, or replaces, the general standards, the auditor-general must, as soon as practicable after making the change or replacement, prepare a report to the Legislative Assembly stating—

(a)the nature of the change or replacement; and

(b)the extent to which the changed or replaced standards are in accordance with auditing standards made by relevant professional or statutory bodies.

(3)A report to the Legislative Assembly prepared by the auditor-general on the conduct of an audit must refer to any occasion of significance on which the general standards were not applied.

(4)The auditor-general must arrange for copies of the report under subsection (1), and each report under subsection (2), to be made accessible to the public free of charge on the Queensland Audit Office website.

s 58 amd 2011 No. 24s 25

59Annual report on consolidated fund accounts

(1)The auditor-general must prepare a report to the Legislative Assembly on each audit conducted of the consolidated fund accounts.

(2)The report must—

(a)deal with the matters mentioned in section 39; and

(b)deal with the action, if any, taken to remedy significant deficiencies reported in previous reports on audits conducted of the consolidated fund accounts.

60Annual reports on audits of public sector entities

(1)This section does not apply to an audit of a matter under section 36A.

(2)The auditor-general must prepare a report to the Legislative Assembly on each audit conducted of a public sector entity by an authorised auditor.

(3)The report must—

(a)state whether or not—

(i)the audit of the public sector entity has been finished; and

(ii)the annual financial statements of the public sector entity have been audited; and

(b)if the public sector entity was granted an exemption under section 30A for the relevant financial year—state that the public sector entity was granted an exemption under section 30A and the reasons for the exemption; and

(c)draw attention to any case in which the functions relating to the financial management of the public sector entity were not adequately and properly performed if the auditor-general considers the matter to be significant enough to require inclusion in the report; and

(d)set out—

(i)the results of audits conducted, in relation to the relevant financial year, of controlled entities of the public sector entity by an authorised auditor; and

(ii)if audits were not conducted in relation to particular controlled entities—the reasons why they were not conducted; and

(e)deal with the action, if any, taken to remedy significant deficiencies reported in previous reports on audits of the public sector entity.

s 60 amd 2011 No. 24s 26

61Reports on audits requested by the Legislative Assembly

The auditor-general must prepare a report to the Legislative Assembly on each audit conducted at the request of the Legislative Assembly.

61AReports on audit of matters

(1)If the auditor-general conducts an audit of a matter under section 36A, the auditor-general must prepare a report to the Legislative Assembly setting out the reasons for conducting the audit and the results of the audit.

(2)If the auditor-general proposes to make an adverse comment about a non-public sector entity in the report, the auditor-general must not make the proposed adverse comment unless, before the report is prepared, the auditor-general gives the non-public sector entity an opportunity to make submissions about the proposed adverse comment.

Note—

See also section 65.

(3)If the non-public sector entity makes submissions and the auditor-general still proposes to make the adverse comment, the auditor-general must ensure the non-public sector entity’s submissions, or a fair statement of them, are included in the report.

s 61A ins 2011 No. 24s 27

62Interim, supplementary and combined reports

(1)The auditor-general may prepare interim and supplementary reports to the Legislative Assembly on any matter on which the auditor-general is to report or has reported.

(2)The auditor-general may combine reports on any 2 or more audits.

63Other reports

The auditor-general may prepare any of the following reports to the Legislative Assembly—

(a)if the auditor-general considers it desirable to do so at any particular time for reasons of urgency—a report on any significant matter arising out of an audit;

(b)if the auditor-general considers it to be in the public interest to do so—a full report on, or a report on any specific matters arising out of, a particular audit;

(c)if the auditor-general considers it otherwise appropriate to do so at any time—a report on any matter arising out of an audit to which attention should be drawn;

(d)if a regulation has been made for the purposes of section 31 that the auditor-general advised should not have been made or should have been made differently—a report setting out the advice and the reasons for it.

64Comments on proposed audit reports

(1)Subsections (2) and (3) apply if the auditor-general proposes to include in a report to the Legislative Assembly under this division a matter that the auditor-general considers to be a matter of significance.

(2)The auditor-general must give written advice of the matter that is proposed to be included to—

(a)if the matter relates to a department—the accountable officer of the department and any other person whom the auditor-general considers to have a special interest in the report; or

(b)if the matter relates to a controlled entity that is subject to the control of a department—the chief executive officer or chairperson of the entity, the person responsible for the financial administration of the entity and the accountable officer of the department and any other person whom the auditor-general considers to have a special interest in the report; or

(c)if the matter relates to another public sector entity—the chief executive officer or chairperson of the entity and the person responsible for the financial administration of the entity and any other person whom the auditor-general considers to have a special interest in the report.

(3)Also, the auditor-general must give written advice of the matter that is proposed to be included to—

(a)if the matter raises issues concerning the powers or functions of the Treasurer under the Financial Accountability Act 2009—the Treasurer and any other person whom the auditor-general considers to have a special interest in the report; or

(b)if the matter does not raise issues concerning the powers or functions of the Treasurer under the Financial Accountability Act 2009—the appropriate Minister and any other person whom the auditor-general considers to have a special interest in the report.

(4)If the auditor-general gives written advice of the matter under subsection (2) or (3), the auditor-general must as soon as practicable give a copy of the written advice to the Premier.

(5)The advice mentioned in subsection (3) must include a statement that comments on the proposed matter may be made in writing given to the auditor-general by a person mentioned in subsection (3)—

(a)within 21 days after the advice is received; or

(b)within the longer period that is stated in the advice.

(6)If comments are received within the 21 days or longer period, the auditor-general must include them, or a fair summary of them, in the report.

(7)In this section—

control see section 5(2).

s 64 amd 2011 No. 24s 28

65Proposed reports to remain confidential

A person who receives a proposed audit report, or part of a proposed audit report, of the auditor-general under section 64, or a proposed report, or part of a proposed report, of the auditor-general under section 61A, must not disclose any information contained in the report unless—

(a)disclosure is required for the purpose of—

(i)making submissions or comments to the auditor-general in relation to the proposed report; or

(ii)obtaining legal advice in relation to matters raised by the proposed report; or

(b)the information has been made public by the auditor-general.

Maximum penalty—200 penalty units or 1 year’s imprisonment.

s 65 amd 2011 No. 24s 29

66Procedure for reporting certain sensitive information

(1)If the auditor-general considers it to be against the public interest to disclose in a report under this division information that could—

(a)have a serious adverse effect on the commercial interests of an entity; or

(b)reveal trade secrets of an entity; or

(c)prejudice the investigation of a contravention or possible contravention of the law; or

(d)prejudice the fair trial of a person; or

(e)cause damage to the relations between the Government of the State and another Government;

the auditor-general must not disclose the information in the report but must instead include it in a report prepared and given to the parliamentary committee.

(2)This section applies despite anything in this or any other Act.

s 66 amd 2011 No. 24s 30

67Tabling of reports

(1)A report prepared under this division must be given to the Speaker or, if there is no Speaker or the Speaker is unavailable, to the clerk of the Parliament.

(2)The Speaker or clerk must table a copy of the report in the Legislative Assembly on its next sitting day.

(3)For the purposes of its publication, a report given to the Speaker or the clerk under subsection (1) is taken to have been tabled in the Legislative Assembly, and to have been ordered to be published by the Legislative Assembly, when it is given to the Speaker or the clerk.

section 4

accountable officer, of a department, means the person who is, or is appointed as, the accountable officer of the department under the Financial Accountability Act 2009.

appropriate Minister means—

(a)for the department comprised of the Legislative Assembly and parliamentary service—the Premier; or

(b)for the office of the Governor—the Premier; or

(c)for a department—the Minister administering the department; or

(d)for the Town Commission established under the Alcan Queensland Pty. Limited Agreement Act 1965—the Minister administering matters connected with the Town Commission; or

(e)for a local government—the Minister administering the Local Government Act 1993; or

(f)for a statutory body—the Minister administering the Act under which the statutory body is established; or

(g)for GOCs—the shareholding Ministers as defined under the Government Owned Corporations Act 1993; or

(h)for another public sector entity—the Minister administering matters connected with the entity.

sch def appropriate Minister amd 2011 No. 26s 189sch; 2014 No. 45s 58 sch 1pt 2

audit office means the Queensland Audit Office established under section 6(3)(4).

auditor-general’s report ...

sch def auditor-general’s report om 2011 No. 24s 32(1)

audit report, for a controlled entity, means a report given in relation to the financial operations of the controlled entity to the auditor-general.

authorised auditor means—

(a)the auditor-general or deputy auditor-general; or

(b)a member of the staff of the audit office; or

(c)a contract auditor.

chairperson, of a public sector entity, means—

(a)if the public sector entity is a corporation sole—the person who constitutes the corporation sole; or

(b)otherwise—

(i)the person appointed as chairperson of the public sector entity; or

(ii)if no-one is appointed as chairperson—the person who presides at meetings of the public sector entity or of the governing body of the public sector entity.

consolidated fund means the consolidated fund continued in existence under the Financial Accountability Act 2009, section 16.

consolidated fund account see the Financial Accountability Act 2009, section 17(1).

consolidated whole-of-government financial statements see the Financial Accountability Act 2009, section 25(1).

contract auditor means a person who is appointed under this Act as a contract auditor.

controlled entity see section 5.

corporate group means a group consisting of the following entities—

(a)a controlled entity;

(b)1 or more of the following that control the controlled entity—

(i)a department;

(ii)a local government;

(iii)a statutory body;

(iv)a GOC;

(v)an entity that is controlled by 1 or more of the entities mentioned in subparagraphs (i) to (iv).

department see the Financial Accountability Act 2009, section 8.

expenditure see the Financial Accountability Act 2009, schedule 3.

financial year see the Financial Accountability Act 2009, schedule 3.

full year report see the Financial Accountability Act 2009, schedule 3.

GOC means a government owned corporation.

internal control see the Financial Accountability Act 2009, schedule 3.

ministerial offices means the offices maintained for Ministers and their staff.

non-public sector entity means an entity that is not a public sector entity.

sch def non-public sector entity ins 2011 No. 24s 32(2)

parliamentary committee means—

(a)if the Legislative Assembly resolves that a particular committee of the Assembly is to be the parliamentary committee under this Act—that committee; or

(b)if paragraph (a) does not apply and the standing rules and orders state that the portfolio area of a portfolio committee includes the auditor-general—that committee; or

(c)otherwise—the portfolio committee whose portfolio area includes the department, or the part of a department, in which this Act is administered.

sch def parliamentary committee sub 2011 No. 15s 48

portfolio area see the Parliament of Queensland Act 2001, schedule.

sch def portfolio area ins 2011 No. 15s 48(2)

portfolio committee see the Parliament of Queensland Act 2001, schedule.

sch def portfolio committee ins 2011 No. 15s 48(2)

portfolio committee see the Parliament of Queensland Act 2001, schedule.

sch def portfolio committee, 2nd mention, ins 2011 No. 24s 32(2)

prescribed requirements see the Financial Accountability Act 2009, schedule 3.

proposed audit report means a draft report of the auditor-general relating to an audit of a public sector entity and distributed to relevant entities under section 64.

public moneys see the Financial Accountability Act 2009, schedule 3.

public sector entity means—

(a)a department; or

(b)a local government; or

(c)a statutory body; or

(d)a GOC; or

(e)a controlled entity.

standing rules and orders see the Parliament of Queensland Act 2001, schedule.

sch def standing rules and orders ins 2011 No. 15s 48(2)

statutory body see the Financial Accountability Act 2009, section 9.

Treasurer’s consolidated fund bank account see the Financial Accountability Act 2009, section 18(1).