Division 2Division 2 Keeping of accounts
153 Local Aboriginal Land Councils to keep accounts
(cf former section 32)
(1) Each Local Aboriginal Land Council must cause proper accounts and records to be kept in relation to all its operations.(2) Each such Council must prepare financial statements for each financial year of the Council in accordance with section 41B (1) of the Public Finance and Audit Act 1983.(2A) Section 41BA of the Public Finance and Audit Act 1983 applies to financial statements required to be prepared under this section in the same way that it applies to financial reports required to be prepared under that Act.(3) The financial statements must be submitted for verification and certification to an auditor appointed by the New South Wales Aboriginal Land Council in the manner prescribed by the regulations.(4) The financial statements must be prepared and submitted to the auditor not later than 6 weeks after the end of the financial year to which they relate.(5) Each such Council must furnish to the New South Wales Aboriginal Land Council the audited financial statements and such other documents as are prescribed by the regulations, not later than 4 months after the end of each financial year.(6) For the avoidance of doubt, the audited financial statements prepared and furnished to the New South Wales Aboriginal Land Council under this section must include information relating to all the Council’s funding and operations and not merely funding received from, and operations funded by, the New South Wales Aboriginal Land Council.
154 Regulations may set requirements to judge satisfactory financial statements
The regulations may provide for the requirements that must be met by audited financial statements and other documents to assess whether the audited financial statements and other documents required to be furnished to the New South Wales Aboriginal Land Council under this Division by a Local Aboriginal Land Council are satisfactory.
155 Local Aboriginal Land Councils may request special auditor
The New South Wales Aboriginal Land Council must, on the request of a Local Aboriginal Land Council, appoint a special auditor to examine the financial affairs of the Local Aboriginal Land Council.
156 Financial year of Aboriginal Land Councils
(cf former section 33)
The financial year of an Aboriginal Land Council is the year commencing 1 July.
157 Budget of New South Wales Aboriginal Land Council
(cf former section 34 (1) and (2))
(1) The New South Wales Aboriginal Land Council must, not less than 6 weeks before the commencement of each financial year, prepare and submit for the approval of the Minister a detailed budget relating to its proposed operations during that financial year.(2) In determining whether or not to approve a budget, the Minister may seek from the Council, and the Council must furnish to the Minister, such information as the Minister requests relating to the budget.
158 Budget of Local Aboriginal Land Councils
(cf former section 34A)
(1) Each Local Aboriginal Land Council must, not less than 10 weeks before the commencement of each financial year, prepare and submit for the approval of the New South Wales Aboriginal Land Council a detailed budget relating to its proposed operations during that financial year.(2) The New South Wales Aboriginal Land Council may seek information relating to the budget from a Local Aboriginal Land Council at any time.(3) The budget prepared and submitted under this section is to include details of a Council’s proposed operations, including operations to be funded by persons or bodies other than the New South Wales Aboriginal Land Council, and is to contain any matters prescribed by the regulations.
159 Quarterly and six monthly reports by New South Wales Aboriginal Land Council
(1) The New South Wales Aboriginal Land Council must, if directed to do so by the Minister, prepare and submit to the Minister within 10 weeks after the end of each quarter of each financial year a report specifying:(a) the amounts of funds granted during the quarter by that Council to Local Aboriginal Land Councils and the purposes for which the funds were granted, and(b) whether the Local Aboriginal Land Councils concerned have complied with the financial obligations imposed by this Part in relation to those grants.(2) The New South Wales Aboriginal Land Council must prepare and submit to the Minister within 10 weeks after the end of each 6-month period ending on 30 June and 31 December in each year a report specifying:(a) the amounts of funds granted during the 6-month period by that Council to Local Aboriginal Land Councils and the purposes for which the funds were granted, and(b) whether the Local Aboriginal Land Councils concerned have complied with the financial obligations imposed by this Part in relation to those grants.(3) The regulations may prescribe the form and content of such reports.
160 NSW Aboriginal Land Council may give other Councils directions regarding accounting
(cf former section 34 (4))
(1) The New South Wales Aboriginal Land Council may give directions, not inconsistent with this Act or the regulations, to Local Aboriginal Land Councils with respect to the following:(a) the establishment and monitoring of a uniform system of accounting by those Aboriginal Land Councils,(b) the form, contents and method of preparation of budgets by those Councils,(c) other matters relating to the keeping of financial records and the making of financial reports by those Councils.(2) A Local Aboriginal Land Council must comply with a direction given under this section.
(cf former section 61 and sections 8 and 9 of Annual Reports (Statutory Bodies) Act 1984)
(1) Each Local Aboriginal Land Council must in each year, as soon as practicable after 30 June, but on or before 1 November, forward to the New South Wales Aboriginal Land Council a report of its operations for the 12 months ending on 30 June in that year.(2) The report of the operations of a Local Aboriginal Land Council is to include the particulars set out in Schedule 1 to the Annual Reports (Statutory Bodies) Regulation 2000.(3) In addition to any other requirement under any other Act relating to the annual report of the New South Wales Aboriginal Land Council, the annual report is to include the following particulars for the financial year to which the report relates:(a) the total remuneration (including travelling expenses) paid to each councillor by the New South Wales Aboriginal Land Council,(b) the total funds granted to each Local Aboriginal Land Council by the New South Wales Aboriginal Land Council.