Document ID: chunk:federal_register_of_legislation:C2004A04756:body:0:p3
Version: federal_register_of_legislation:C2004A04756
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the Minister.

"(2) The Commission must submit the estimates to the Minister not later than the date the Minister directs.

"(3) The Commission's money must not be spent in the performance of its child care cash rebate functions except in accordance with the estimates of expenditure approved by the Minister.".

Substitution of new sections

10. Sections 34B, 34C and 35 of the Principal Act are repealed and the following sections are substituted:

Apportionment of assets of the Commission

"34B.(1) The Commission must from time to time, by instrument in writing, identify in relation to each recognised class of functions assets of, or in the custody of, the Commission as assets held by it primarily for the performance of functions in that recognised class of functions.

"(2) The Minister must, by signed writing, determine principles for fixing, in relation to any asset of the Commission that is or might be used by the Commission in the performance of functions in more than one recognised class of functions, a rental for the use of that asset.

"(3) If the Commission, in performing a function in a recognised class of functions, uses during any period an asset that was identified under subsection (1) as an asset held by the Commission primarily for the performance of functions in another recognised class of functions, the Commission must:

     (a) in accordance with the principles determined under subsection (2), work out the amount of rental to be attributed to the first-mentioned recognised class of functions in relation to that use of that asset during that period; and

     (b) withdraw that amount from an account maintained under subsection 35(1) for the purposes of performing functions in that recognised class of functions; and

     (c) pay that amount into an account maintained under subsection 35(1) for the purposes of performing functions in the other recognised class of functions.

Apportionment of the Commission's expenditure

"34C.(1) The Minister must, by signed writing, determine principles to enable the Commission to work out, in respect of its expenditure that relates to the performance of functions in more than one recognised class of functions, the amount of that expenditure that is to be treated, for the purposes of this Act, as expenditure exclusively related to the performance of functions in one recognised class of functions.

"(2) The Commission must, in respect of its expenditure that relates to the performance of functions in more than one recognised class of functions:

     (a) work out in accordance with the principles determined under subsection (1), the amount of that expenditure that is to be treated as expenditure exclusively related to the performance of functions in one recognised class of functions; and

     (b) treat that amount as expenditure of that