Document ID: chunk:federal_register_of_legislation:C2024C00482:clause:2_6
Version: federal_register_of_legislation:C2024C00482
Segment Type: clause
Provision Reference: sch 2 cl 6
Character Range: 107100–109095

6  Evaluations or audits begun but not completed before ATSIC abolition day
(1) If:
 (a) before ATSIC abolition day, the Office of Evaluation and Audit has begun an evaluation or audit in relation to a body corporate, an unincorporated body or an individual under section 76 of the ATSIC Act, whether at the request of the Minister, the Commission, Aboriginal Hostels Limited, Indigenous Business Australia, the TSRA, or the Indigenous Land Corporation; and
 (b) that evaluation or audit has not been completed before that day;
the Office of Evaluation and Audit (Indigenous Programs) must continue that evaluation or audit and, subject to subitem (3), report on that evaluation or audit, as if the amendments of the ATSIC Act made by this Act had not been made.
(2) An instrument under subitem (1) reporting on an evaluation or audit is not a legislative instrument for the purposes of the Legislative Instruments Act 2003.
(3) If the evaluation or audit is one in respect of which the Office of Evaluation and Audit would have been required to report in accordance with subitem (1) both to the Minister and to the Commission, the Office of Evaluation and Audit (Indigenous Programs) is required to report only to the Minister.
(4) For the avoidance of doubt, the Director of Evaluation and Audit must include in any report of the operations of the Office of Evaluation and Audit (Indigenous Programs) in a particular year that is given under subsection 193ZA(4) of the Aboriginal and Torres Strait Islander Act 2005, a report of the operations of the Office that are carried out during that year under item 5 and under this item.
(5) The Office of Evaluation and Audit must:
 (a) under subsection 77(3) of the ATSIC Act, make a final report of its operations for the period commencing on 1 July 2004 and ending immediately before ATSIC abolition day as if that period were a financial year; and
 (b) ensure that a copy of that report is included in the final annual report of the Commission.