Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:1_196:p1
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 1 cl 196 (pt 1/2)
Character Range: 58594–61420

196  Final report and financial statements for Commission
(1) The Secretary must, as soon as practicable after ATSIC abolition day, prepare and give to the Minister:
 (a) a report on the operations of the Commission during the period (in this section called the closure period) commencing on 1 July 2004 and ending immediately before ATSIC abolition day; and
 (b) financial statements that relate to the Commission during that period in such form as the Minister administering the Commonwealth Authorities and Companies Act 1997 approves.
(2) The report prepared by the Secretary in accordance with paragraph (1)(a):
 (a) must include particulars of any directions given to the Commission during the closure period under section 12 of the ATSIC Act; and
 (b) must not disclose any matters known to the Secretary to be held sacred by Aboriginal persons or Torres Strait Islanders or by any particular community or group of Aboriginal persons or Torres Strait Islanders.
(3) Subject to any direction by the Minister administering the Commonwealth Authorities and Companies Act 1997, the financial statements prepared by the Secretary under paragraph (1)(b) must deal with the Housing Fund and the Regional Land Fund separately from each other and from the other finances of the Commission, and must:
 (a) in the case of the Housing Fund—properly reflect the state of the Fund immediately before ATSIC abolition day; and
 (b) in the case of the Regional Land Fund—properly reflect the state of the Fund immediately before ATSIC abolition day.
(4) A direction referred to in subsection (3) is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(5) Before giving financial statements to the Minister under subitem (1), the Secretary must give them to the Auditor‑General, who must report to the Minister:
 (a) whether, in the Auditor‑General's opinion, the statements are based on proper accounts and records; and
 (b) whether the statements are in agreement with the accounts and records and, in the Auditor‑General's opinion, show fairly the financial transactions and state of affairs of the Commission; and
 (c) whether, in the Auditor‑General's opinion, the receipt, expenditure and investment of money, and the acquisition and disposal of assets by the Commission during the closure period were in accordance with the ATSIC Act; and
 (d) such other matters arising out of the statements as the Auditor‑General considers should be reported to the Minister.
(6) The Secretary and the Auditor‑General may, in discharging their obligations under this item, rely on accounts and records of the Commission that are in the possession of the Commonwealth or to which the Secretary is allowed access, and on any other information provided to a person who was a member of the Commission or who was a