Document ID: chunk:federal_register_of_legislation:C2004A02018:body:0:p16
Version: federal_register_of_legislation:C2004A02018
Segment Type: other
Provision Reference: 
Character Range: 37525–40246

Trust Fund, after allowing for any payments previously authorized to be made that are to be, but have not yet been, debited to that Trust Account or head of the Trust Fund.
"(4) Subject to sub-section (5), a certifying officer shall not give a certificate under sub-section (2) in relation to the payment of an amount unless, after any relevant provisions of the regulations and of directions given by the Minister under the regulations have been complied with, he is satisfied that the payment may properly be made.
"(5) The regulations may provide that, in respect of payments included in a particular class of payments, a certifying officer may give a certificate under sub-section (2) if, after requirements prescribed by the regulations in respect of payments of that class, and any relevant directions given by the Minister under the regulations, have been complied with, he has no reason to believe that the payment may not properly be made.
"(6) In addition to compliance with the regulations and directions given by the Minister under the regulations, a certifying officer may carry out such investigations as he thinks necessary before deciding whether to give a certificate under sub-section (2).".
(3) Upon the commencement of this sub-section—
      (a) a person who, immediately before the commencement of this section, held an appointment by the Minister under sub-section 34(1) of the Principal Act for the purpose of authorizing the payment of accounts shall be deemed to have been appointed by the Minister under sub-section 34(1) of the Principal Act as amended by this Act for the purposes of that sub-section; and
      (b) a person who, immediately before the commencement of this section, held an appointment by the Minister under sub-section 34(1) of the Principal Act for the purpose of certifying as to the correctness of accounts shall be deemed to have been appointed by the Minister under sub-section 34(2) of the Principal Act as amended by this Act for the purposes of that sub-section.
(4) The Minister may, at any time, revoke the appointment of a person referred to in sub-section (3).
25. After section 34 of the Principal Act the following section is inserted:

Act of grace payments
"34a. (1) Subject to sub-section (2), where an authorized person is satisfied that, by reason of special circumstances, it is reasonable to do so, he may direct—
      (a) that an amount proposed to be paid to a person by the Commonwealth; or

      (b) that amounts proposed to be paid to a person by the Commonwealth by way of periodical payments,
be treated as properly payable notwithstanding that the amount is, or the amounts are, not payable in pursuance of the law or under a legal liability,