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Public Finance (Management) Act

A printable [pdf] copy of the PF(M)A can be downloaded here. Given in this webpage are links to the main parts of the Act only.


INDEPENDENT STATE OF PAPUA NEW GUINEA

No. 21 of 1995

AN ACT

entitled

Public Finance (Management) Act 1995,

Being an Act to make provision for the management of public finances (including those relating to Provincial Governments and Local-level Governments as required by the Organic Law on Provincial Governments and Local-level Governments) and to repeal various Acts and for related matters,

MADE by the National Parliament to come into operation -

  1. insofar as relating to Part IX (and such other provisions as are directly relevant to the operation of Part IX) - in accordance with the coming into operation of the Organic Law on Provincial Governments and Local-level Governments ; and
  2. insofar as relating to the remainder - in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.

 

PART I. - PRELIMINARY [view pdf] -103kb
1 COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS
2 INTERPRETATION
  PART II. - RESPONSIBILITY FOR FINANCIAL MANAGEMENT [view pdf] -113kb
3 RESPONSIBILITIES OF THE MINISTER
4 RESPONSIBILITIES OF THE DEPARTMENTAL HEAD OF THE DEPARTMENT RESPONSIBLE FOR FINANCIAL MANAGEMENT
5 RESPONSIBILITIES OF HEADS OF DEPARTMENTS
6 ACCOUNTABLE OFFICERS
7 RESPONSIBILITY OF PUBLIC OFFICE-HOLDER IN RELATION TO COLLECTION OF REVENUE
8 FINANCE INSPECTORS
9 POWERS OF DEPARTMENTAL HEAD
  PART III. - PUBLIC ACCOUNT [view pdf] -121kb
10 PUBLIC ACCOUNTS
11 KEEPING OF PUBLIC ACCOUNT
12 INVESTMENT OF PUBLIC ACCOUNT
13 PAYMENTS INTO THE CONSOLIDATED REVENUE FUND
14 PAYMENTS OUT OF CONSOLIDATED REVENUE FUND
15 ESTABLISHMENT OF TRUST ACCOUNTS
16 PAYMENTS INTO TRUST ACCOUNTS
17 PAYMENTS OUT OF TRUST ACCOUNTS
18 MONEYS AT CREDIT OF TRUST ACCOUNT NOT TO LAPSE
19 MANAGEMENT OF TRUST ACCOUNT
20 UNCLAIMED TRUST FUND MONEYS
21 CLOSING OF TRUST ACCOUNTS
  PART IV. - NATIONAL BUDGET [view pdf] -133kb
22 NATIONAL BUDGET
23 COMPILATION OF NATIONAL BUDGET
  PART V. - BUDGETARY CONTROL [view pdf] -143kb
24 ADJUSTMENT OF APPROPRIATION AS BETWEEN SERVICES
25 ADJUSTMENT OF APPROPRIATION FOR NEW SERVICES
26 DELEGATION
27 LAPSING OF RECURRENT APPROPRIATIONS
28 CERTAIN AMOUNTS DEEMED TO HAVE BEEN APPROPRIATED
29 WARRANTS FOR ISSUE AND EXPENDITURE OF PUBLIC MONEYS
30 LAPSE OF CERTAIN WARRANTS
31 WARRANT AUTHORITIES
32 APPROVAL OF REQUISITIONS
33 PAYMENT OF ACCOUNTS
34 TRANSFER TO TRUST ACCOUNTS OF ADVANCES OF GOVERNMENT CONTRIBUTIONS TO DONOR-FUNDED PROJECTS
  PART VA. - BUDGETARY CONTROL OF REVENUE ACCRUING TO THE STATE FROM THE DEVELOPMENT OF MINERAL RESOURCES [view pdf] -91kb
34A INTERPRETATION
34B PREPARATION OF ESTIMATES OF REVENUE, ETC
34C EXPENDITURE OF EXCESS REVENUE FROM DESIGNATED MINING ENTERPRISES, ETC.,
  PART VI. - BORROWING, GUARANTEES AND LOANS BY THE STATE [view pdf] -80kb
35 RESTRICTIONS ON BORROWING
36 ADVANCES AND OVERDRAFTS
37 GUARANTEES BY THE STATE
38 LOANS BY THE STATE
  PART VII. - STATE TENDERS AND CONTRACTS [view pdf] -166kb
38A APPLICATION OF THIS PART
39 CENTRAL SUPPLY AND TENDERS BOARD
39A OTHER SPECILIZED NATIONAL SUPPLY AND TENDERS BOARDS
39B PROVINCIAL SUPPLY AND TENDERS BOARDS
40 TENDERS FOR PROPERTY, STORES, WORKS AND SERVICES
41 PREFERENCE TO NATIONAL TENDERERS
42 CONSIDERATION OF TENDERS
43 SMALL CONTRACTS AWARD BOARD
44 FORM OF RECOMMENDATION BY BOARD
45 NOTICE OF SUCCESSFUL TENDER
46 SECRECY
47 EXECUTION, ETC., OF STATE CONTRACTS
47A OFFENCES
47B AUTHORITY TO PRE-COMMIT EXPENDITURE
47C CERTAIN CONTRACTS NULL AND VOID
47D CLAIM AGAINST STATE NOT ENFORCEABLE IN CERTAIN CIRCUMSTANCES
  PART VIII. - PUBLIC BODIES [view pdf] -129kb
48 APPLICATION OF THIS PART
49 SUBSIDIARY CORPORATIONS
50 PERFORMANCE AND MANAGEMENT PLANS
51 PARTICULARS OF PROPOSED EXPENDITURE.
52 BANK ACCOUNTS
53 MONEYS PAYABLE TO PUBLIC BODIES
54 LOANS BY THE STATE
55 PRIVATE TREATY LOANS
56 BORROWING BY OVERDRAFT
57 INVESTMENT
58 APPLICATION OF MONEYS
59 CONTRACTS FOR WORKS AND SERVICES
60 POLICY DIRECTIONS ON TENDERING
61 APPROVAL REQUIRED FOR CERTAIN CONTRACTS;
62 ACCOUNTS, RECORDS, ETC;
63 REPORTS AND FINANCIAL STATEMENTS
64 POWERS OF INSPECTION OF THE MINISTER, ETC
  PART IX. - PROVINCIAL AND LOCAL-LEVEL GOVERNMENTS [view pdf] -104kb
65 CONDITIONAL GRANTS
65A PROVINCIAL BUDGETS
66 INVESTMENT
67 LOANS, BORROWING AND GUARANTEES
68 ACCOUNTING RECORDS, ETC
69 INTERNAL CONTROL PROCEDURES
70 PROVINCIAL AND DISTRICT TREASURY
70A PAYMENT BY A PROVINCIAL GOVERNMENT OR A LOCAL-LEVEL GOVERNMENT
71 STATEMENT OF FINANCIAL POSITION, ETC., OF PROVINCIAL GOVERNMENT AND LOCAL-LEVEL GOVERNMENT
  PART X. - THE PUBLIC ACCOUNTS COMMITTEE [view pdf] -128kb
72 INTERPRETATION OF PART X
73 CONSTITUTION OF COMMITTEE
74 DECLARATION TO BE MADE BY MEMBERS
75 NORMAL TERM OF OFFICE
76 VACATION OF OFFICE
77 FAILURE TO ATTEND MEETINGS, ETC.
78 QUORUM
79 PRESIDING AT MEETINGS
80 VOTING
81 POWER TO SIT DURING RECESS
82 REPORTS
83 MINUTES
84 SECTIONAL COMMITTEES
85 CONTINUANCE OF EVIDENCE
86 FUNCTIONS OF THE COMMITTEE
86A REFERRAL OF MATTER
87 ACCOUNTS OF CERTAIN PUBLIC BODIES
88 SITTINGS TO BE IN PUBLIC EXCEPT IN CERTAIN CASES
89 POWER TO SUMMON WITNESSES
90 DISOBEDIENCE OF SUMMONS
91 PREVENTING WITNESSES FROM GIVING EVIDENCE
92 POWER TO TAKE EVIDENCE ON OATH OR AFFIRMATION
93 REFUSING TO BE SWORN, ETC.
94 PRIVILEGES OF WITNESSES
95 PROTECTION TO WITNESSES
96 FALSE EVIDENCE
97 WITNESSES’ EXPENSES
98 PROCEEDINGS TO BE INSTITUTED BY PUBLIC PROSECUTOR.
99 ALLOWANCES
100 ANNUAL REPORT BY CHAIRMAN ON EXPENDITURE
101 GAZETTAL OF COMMITTEE
  PART XI. - SURCHARGE [view pdf] -100kb
102 IMPOSING OF SURCHARGE
103 PROCEDURE FOR IMPOSITION OF A SURCHARGE
104 ANNULMENT OF SURCHARGE
105 APPEAL AGAINST SURCHARGE
106 RECOVERY OF AMOUNT OF SURCHARGE
  PART XII. - MISCELLANEOUS [view pdf] -110kb
107 EX GRATIA PAYMENTS
108 WRITING OFF
109 WAIVER OF FEES
110 DELEGATION
111 LAWS OF ANOTHER COUNTRY MAY APPLY TO FINANCIAL OPERATIONS OF CERTAIN AGENTS OF THE STATE
112 OFFENCES
113 DISCIPLINARY ACTION
114 TIME FOR COMMENCING PROCEEDINGS
114A DISCIPLINING OF DEPARTMENTAL HEADS, ETC., IN CERTAIN CIRCUMSTANCES
115 REGULATIONS
116 DIRECTIONS AS TO MONEYS OUTSIDE THE COUNTRY
117 FINANCIAL INSTRUCTIONS
  PART XIII. - REPEAL [view pdf] -103kb
118 REPEAL
  PART XIV. - TRANSITIONAL [view pdf] -152kb
119 INTERPRETATION
120 REFERENCE TO CONSOLIDATED REVENUE FUND
121 TRANSFER OF SUMS AT CREDIT OF CONSOLIDATED REVENUE FUND
122 REFERENCE TO TRUST FUND AND TRUST ACCOUTS
123 TRANSFER OF TRUST ACCOUNTS, ETC.
124 FORMER INVESTMENTS
125 UNCLAIMED TRUST FUND MONEYS
126 FORMER WARRANTS, ETC.,
127 CONTINUANCE OF FORMER ACTS, ETC.,
128 TRANSITIONAL FINANCIAL INSTRUCTIONS, ETC.,
129 REFERENCES TO REPEALED ACT
130 MEMBERS OF THE PUBLIC ACCOUNTS COMMITTEE
131 SECTIONAL COMMITTEES
132 CONTINUANCE OF EVIDENCE
133 REPORTS
  SCHEDULE [view pdf] -110kb