Zoological Parks Authority Act 2001 (WA)

Western Australia Zoological Parks Authority Act 2001 Western Australia Zoological Parks Authority Act 2001 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 Part 2 — Zoological Parks Authority 4. Authority, establishment and nature of 4 5. Authority is agent of Crown etc. 4 6. Board of management 4 7. Constitution and proceedings of board (Sch. 2) 4 8. Remuneration of members 5 Part 3 — Functions and powers 9. Functions 6 10. Powers 6 11. Ministerial approval for Authority's actions, when required 9 12. Authority to act in accordance with business plan etc. 9 13. Delegation by Authority 9 14. Minister may direct board 10 15. Minister to have access to information 11 Part 4 — Policy instruments Division 1 — Business plan 16. Draft business plan to be submitted to Minister 13 17. Content of business plan 13 18. Minister's powers in relation to draft business plan 14 19. Modifications of business plan 14 Division 2 — Annual operational plan 20. Draft annual operational plan to be submitted to Minister 15 21. Content of annual operational plan 15 22. Minister's powers in relation to draft annual operational plan 16 23. Modifications of annual operational plan 16 Part 5 — Staff 24. Chief Executive Officer 17 25. Other staff 17 26. Use of other government staff etc. 18 Part 6 — Park management officers 27. Park management officers, designation of etc. 19 28. Identity cards 19 29. Enforcement powers of park management officers 20 30. Power to require person to leave zoological park 21 31. Obstructing park management officer, offence 21 Part 7 — Financial provisions 32. Funds of Authority 22 33. Zoological Parks Authority Account 22 34. Borrowing from Treasurer 23 35. Other borrowing 23 36. Guarantee by Treasurer 23 37. Effect of Treasurer's guarantee 24 38. Financial Management Act 2006 and Auditor General Act 2006, application of 24 Part 8 — General 39. Protection from personal liability 25 40. Execution of documents by Authority 25 41. Certain information not to be disclosed etc. 26 42. Vehicle offences, proving identity of alleged offender 26 43. Infringement notices 28 44. Vehicle offences, giving notice for s. 42 with infringement notice 29 45. Regulations 30 46. Repeal 31 48. Review of Act 31 Schedule 1 — Perth Zoological Park Schedule 2 — Constitution and proceedings of board Division 1 — General provisions 1. Term of office of members 33 2. Resignation, removal etc. of members 33 3. Chairperson and deputy chairperson 34 4. Leave of absence 34 5. Acting members, appointment of 34 6. Saving for cl. 3 and 5 34 7. Meetings, convening 34 8. Presiding officer 35 9. Quorum 35 10. Voting 35 11. Minutes 35 12. Resolution without meeting 35 13. Telephone or video meetings 35 14. Committees 36 15. Board to determine its own procedures 36 Division 2 — Disclosure of interests etc. 16. Material personal interest to be disclosed 36 17. Voting by member who has material personal interest 36 18. Clause 17 may be declared inapplicable 37 19. Quorum where cl. 17 applies 37 20. Minister may declare cl. 17 and 19 inapplicable 37 Schedule 3 — Tenure, salary, conditions of service etc. of Chief Executive Officer Division 1 — General 1. Effect of Authority being SES organisation 38 2. Effect of Authority becoming non‑SES organisation 38 3. CEO, appointment of 38 Division 2 — Provisions applying to Chief Executive Officer under clause 1(b) or 2 4. Term used: Chief Executive Officer 38 5. Term of office; resignation 39 6. Salary and entitlements 39 7. Public service officer as CEO, entitlements of 39 8. Removal from office 40 9. Other conditions of service 40 Schedule 4 — Transitional and saving provisions 1. Terms used 41 2. Interpretation Act 1984 to apply 41 3. Board established under 1972 Act dissolved 41 4. Members of dissolved Board continue in office 42 5. Devolution of assets, liabilities etc. of dissolved Board 42 6. Agreements and instruments entered into etc. by dissolved Board 43 7. References to dissolved Board in written law 43 8. CEO of dissolved Board continues 43 9. Staff employed by dissolved Board 43 10. Annual report for part of year 44 11. Immunity to continue 44 12. Exemption from State tax 44 13. Registration of documents 45 14. Saving 45 Notes Compilation table 46 Defined terms Western Australia Zoological Parks Authority Act 2001 An Act to — • establish an Authority to control and manage zoological parks; • repeal the Zoological Gardens Act 1972; • consequentially amend certain other Acts 2, and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Zoological Parks Authority Act 2001 1. 2. Commencement This Act comes into operation on a day fixed by proclamation 1. 3. Terms used In this Act, unless the contrary intention appears — Account means the account referred to in section 33(1); Authority means the Zoological Parks Authority established by section 4(1); board means the board of management provided for by section 6; Chief Executive Officer means the person appointed as such for the purposes of section 24; committee means a committee appointed under clause 14 of Schedule 2; function, except in sections 9 and 10, includes power, duty and authority; member means member of the board and includes a person appointed under clause 5 of Schedule 2 and a member of a committee; member of staff means the Chief Executive Officer or a person referred to in section 25 or 26; owner, in relation to a vehicle, means — (a) the person to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012; or (b) if there is not such a person, the person who owns the vehicle or is entitled to its possession; park management officer means — (a) a person designated as such under section 27; or (b) a police officer; Treasurer means Treasurer of the State; vehicle has the same meaning as in the Road Traffic (Administration) Act 2008 section 4; zoological park means — (a) the land described in Schedule 1 (known as "Perth Zoological Park"); and (b) land reserved under the Land Administration Act 1997 the care, control and management of which is placed with the Authority under that Act; and (c) land prescribed by regulation for the purposes of this definition; zoological specimen means — (a) any living animal; and (b) any living or dead larvae, embryo, egg or sperm of any animal or other part or product of an animal from which another animal could be produced; and (c) the carcass of an animal; and (d) any recognised zoological taxon; and (e) any plant or part of a plant required for the care, breeding or management of a zoological specimen. [Section 3 amended: No. 8 of 2012 s. 205.] Part 2 — Zoological Parks Authority 4. Authority, establishment and nature of (1) A body called the Zoological Parks Authority is established. (2) The Authority is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the Authority in its corporate name. (4) The Authority may use, and operate under, one or more trading names approved by the Minister. (5) A trading name can be — (a) an abbreviation or adaptation of the Authority's corporate name; or (b) a name other than the Authority's corporate name. 5. Authority is agent of Crown etc. The Authority is an agent of the Crown and enjoys the status, immunities and privileges of the Crown. 6. Board of management (1) The Authority is to have a board of management comprising 8 persons appointed in writing by the Minister. (2) The board is the governing body of the Authority and, in the name of the Authority, is to perform the functions of the Authority under this Act. (3) The Minister is to ensure that each person appointed to the board has expertise that, in the Minister's opinion, is relevant to the functions of the Authority. 7. Constitution and proceedings of board (Sch. 2) Schedule 2 has effect with respect to the board and its members. 8. Remuneration of members A member is to be paid such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner. [Section 8 amended: No. 39 of 2010 s. 89.] Part 3 — Functions and powers 9. Functions (1) The functions of the Authority are — (a) to establish, care for, control and manage zoological parks in which zoological specimens are kept and displayed, and plants cultivated, for conservation, research, scientific, educational, cultural or recreational purposes; and (b) to collaborate in, carry out or procure the carrying out of, breeding programmes for the preservation of threatened animal species; and (c) to collaborate in, carry out or procure the carrying out of, research programmes for the preservation of threatened animal species and the conservation and management of other species; and (d) to carry out public education and awareness programmes; and (e) to use the knowledge, expertise and resources of the Authority to provide scientific, technical, educational, training, management and advisory services; and (f) to provide, improve and promote recreational services and facilities in zoological parks; and (g) to conserve and enhance the gardens, amenities and natural environment of zoological parks. (2) It is also a function of the Authority to do things that its board determines are conducive or incidental to the performance of a function referred to in subsection (1). 10. Powers (1) The Authority has all the powers it needs to perform its functions. (2) Without limiting subsection (1), the Authority may for the purpose of performing a function — (a) acquire, keep, display, sell or dispose of zoological specimens, plants and other things for zoological parks; and (b) provide and maintain facilities for the instruction, entertainment and convenience of the public; and (c) subject to section 11, acquire, hold and dispose of real and personal property; and (d) manage, improve and develop real or personal property vested in it or acquired by it or arrange for property to be managed, improved or developed; and (e) subject to section 11, grant a lease or licence on such terms and conditions as the board thinks fit; and (f) cooperate with, and provide funds and other assistance to other bodies and to individuals in relation to the function; and (g) give or take zoological specimens and plants by way of loan or exchange with other bodies or individuals; and (h) produce and publish information on matters related to the function; and (i) develop and turn to account any technology, software or other intellectual property that relates to the function, and, for that purpose, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights; and (j) require payment of rent, fees or other charges for the use of any of its facilities (whether permanent or temporary) or for the use of any part of a zoological park; and (k) require payment of fees — (i) for entry to a zoological park; and (ii) for admission to a particular display or event being conducted on any part of a zoological park for purposes consistent with the function, or to any land or facility being used in connection with such a display or event; and (l) fix the amount of rent, fees or charges referred to in paragraphs (j) and (k) with power to waive, reduce or refund the amount payable in particular cases; and (m) enter into a contract or arrangement with a person or body (including a local government or a department of the Public Service, or other agency or instrumentality, in the State or elsewhere) — (i) for the performance by that person or body of any work or the supply of equipment or services; or (ii) to provide consultancy or advisory services to that person or body; or (iii) for the commercial exploitation of the knowledge, expertise and resources of the Authority and the rights referred to in paragraph (i); and (n) on terms and conditions approved by the Minister and the Treasurer, participate in any business arrangement and acquire, hold and dispose of shares, units or other interests in, or relating to a business arrangement; and (o) act in conjunction with a person, a firm, a local government or a department of the Public Service, or other agency or instrumentality, of the State or the Commonwealth; and (p) promote and market zoological parks and the Authority's activities. (3) For the purposes of subsection (2)(n) the Minister and the Treasurer may approve terms and conditions in respect of a specific business arrangement or class of business arrangement or in respect of business arrangements generally. (4) In this section — business arrangement means a company, a partnership, a trust, a joint venture, an arrangement for sharing profits or an arrangement for sponsorship; participate includes form, promote, establish, enter into, manage, dissolve, wind‑up, and do anything incidental to the participating in a business arrangement. 11. Ministerial approval for Authority's actions, when required (1) The Authority must obtain the approval of the Minister before exercising — (a) the power conferred by section 10(2)(c) to acquire or dispose of real property; or (b) the power conferred by section 10(2)(e), if the proposed lease or licence is to be granted for a term exceeding a period of 5 years. (2) For the purposes of subsection (1)(b), any additional term obtainable at the option of the lessee or licensee is to be included when calculating the length of the term of a proposed lease or licence. 12. Authority to act in accordance with business plan etc. The Authority is to perform its functions in accordance with its business plan and its annual operational plan as existing from time to time. 13. Delegation by Authority (1) The Authority may, by instrument in writing, delegate the performance of any of its functions, except this power of delegation. (2) A delegation under subsection (1) may be made — (a) to a member or members of the board; or (b) to a member or members of staff; or (c) with the approval of the Minister, to a committee or any other person. (3) A function performed by a delegate is taken to be performed by the Authority. (4) A delegate performing a function under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section is to be read as limiting the ability of the Authority to act through its staff and agents in the normal course of business. 14. Minister may direct board (1) The Minister may give written directions to the board with respect to the performance of its functions, either generally or in relation to a particular matter, and the board is to give effect to any such direction. (2) The Minister must cause the text of any direction under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given. (3) If — (a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. (4) A copy of a direction transmitted to the Clerk of a House is taken to have been laid before that House. (5) The laying of a copy of a direction that is taken to have occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. (6) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the board under Part 5 of the Financial Management Act 2006. [Section 14 amended: No. 77 of 2006 Sch. 1 cl. 190(1); No. 8 of 2009 s. 141.] 15. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Authority; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Authority to furnish information to the Minister; (b) request the Authority to give the Minister access to information; (c) for the purposes of paragraph (b) make use of the staff of the Authority to obtain the information and furnish it to the Authority. (3) The Authority is to comply with a request under subsection (2) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Authority. Part 4 — Policy instruments Division 1 — Business plan 16. Draft business plan to be submitted to Minister (1) The board is to in each year prepare, and submit to the Minister for approval, a draft business plan for the Authority. (2) Each business plan is to be submitted not later than 2 months before the start of the next financial year. (3) The first business plan for the Authority is to be in respect of the next full financial year after the commencement of this Act. (4) If a draft business plan has not been approved by the Minister before the start of the financial year, the latest draft plan is to be the business plan for the Authority until a draft business plan is approved by the Minister. (5) In subsection (4) — latest draft plan means the draft business plan submitted, or last submitted, by the board to the Minister before the start of the financial year with any modifications made by the board, whether before or after that time, at the direction of the Minister. (6) When the board and the Minister reach agreement on a draft business plan, it becomes the business plan for the relevant financial year or the remainder of the year, as the case may be. (7) The Minister is not to approve a draft business plan except with the Treasurer's concurrence. 17. Content of business plan (1) A business plan must set out at a strategic level the Authority's — (a) medium to long term economic and financial objectives; and (b) medium to long term community based and research objectives; and (c) operational targets, and how those objectives and targets will be achieved. (2) The matters that are to be considered by the board in the preparation of a business plan include — (a) commercial strategies, pricing of products, admissions and services, financial requirements, capital expenditure and personnel requirements; and (b) initiatives to improve consumer outcomes. (3) A business plan is to cover a forecast period of 5 years. 18. Minister's powers in relation to draft business plan (1) The Minister may return a draft business plan to the board and request it to consider or further consider any matter and deal with it in the draft plan. (2) The board is to comply with a request under subsection (1) as soon as is practicable. (3) If a draft business plan has not been approved by the Minister by one month before the start of the next financial year, the Minister may, by written notice, direct the board to make specified modifications to the draft plan. (4) The board is to comply with a direction under subsection (3) as soon as is practicable. 19. Modifications of business plan (1) A business plan may be modified by the board with the approval of the Minister. (2) The Minister is not to approve any modification of a business plan except with the Treasurer's concurrence. Division 2 — Annual operational plan 20. Draft annual operational plan to be submitted to Minister (1) The board is to in each year prepare, and submit to the Minister for approval, a draft annual operational plan for the Authority. (2) Each annual operational plan is to be submitted not later than 2 months before the start of the next financial year. (3) The first annual operational plan for the Authority is to be in respect of the next full financial year after the commencement of this Act. (4) If a draft annual operational plan has not been approved by the Minister before the start of the financial year, the latest draft plan is to be the annual operational plan for the Authority until a draft annual operational plan is approved by the Minister. (5) In subsection (4) — latest draft plan means the draft annual operational plan submitted, or last submitted, by the board to the Minister before the start of the financial year with any modifications made by the board, whether before or after that time, at the direction of the Minister. (6) When the Minister approves a draft annual operational plan, it becomes the annual operational plan for the relevant financial year or the remainder of the year, as the case may be. (7) The Minister is not to approve a draft annual operational plan except with the Treasurer's concurrence. (8) The Minister is to cause a copy of the annual operational plan to be laid before each House of Parliament within 14 days after the plan is approved by the Minister. 21. Content of annual operational plan (1) An annual operational plan must be consistent with the business plan. (2) An annual operational plan is to specify — (a) an outline of the Authority's objectives; and (b) business and service performance targets and other measures by which to judge performance in relation to objectives for the relevant financial year; and (c) allocation of resources; and (d) an outline of the nature and scope of the functions to be performed during the relevant financial year; and (e) an estimate of income and expenditure and source of funding during the relevant financial year. (3) An annual operational plan is to cover a financial year. 22. Minister's powers in relation to draft annual operational plan (1) The Minister may return a draft annual operational plan to the board and request it to consider or further consider any matter and deal with it in the draft plan. (2) The board is to comply with a request under subsection (1) as soon as is practicable. (3) If a draft annual operational plan has not been approved by the Minister by one month before the start of the next financial year, the Minister may, by written notice, direct the board to make specified modifications to the draft plan. (4) The board is to comply with a direction under subsection (3) as soon as is practicable. 23. Modifications of annual operational plan (1) An annual operational plan may be modified by the board with the approval of the Minister. (2) The Minister is not to approve any modification of an annual operational plan except with the Treasurer's concurrence. Part 5 — Staff 24. Chief Executive Officer (1) There is to be a Chief Executive Officer of the Authority. (2) Schedule 3 has effect with respect to the Chief Executive Officer. (3) Subject to the control of the board, the Chief Executive Officer is responsible for, and has the powers needed to administer, the day to day operations of the Authority. 25. Other staff (1) The power to engage and manage the staff of the Authority is vested in the board. (2) The power conferred by subsection (1) — (a) includes power to determine remuneration and other terms and conditions of service of staff, to remove, suspend and discipline staff and to terminate the employment of staff; and (b) does not preclude the delegation of any matter under section 13. (3) The remuneration of and other terms and conditions of employment of staff are — (a) not to be less favourable than is provided for in — (i) an applicable industrial award, order or agreement; or (ii) the Minimum Conditions of Employment Act 1993; and (b) to be determined after consultation with the Public Sector Commissioner. (4) Nothing in this section affects the operation of Part VID of the Industrial Relations Act 1979 or section 100 of the Public Sector Management Act 1994. [Section 25 amended: No. 20 of 2002 s. 26; No. 39 of 2010 s. 89; Gazette: 15 Aug 2003 p. 3692.] 26. Use of other government staff etc. (1) The Authority may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a State agency or instrumentality; or (c) otherwise in the service of the Crown in right of the State. (2) The Authority may by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties. Part 6 — Park management officers 27. Park management officers, designation of etc. (1) The Authority may, by instrument in writing, designate a member of staff or other person to be a park management officer. (2) The Authority may revoke a designation under subsection (1) at any time. (3) A police officer is ex officio a park management officer. 28. Identity cards (1) The Authority is to issue to a park management officer an identity card stating that he or she has been designated as a park management officer. (2) An identity card is to be in a form approved by the Authority. (3) A park management officer must produce the identity card whenever requested to do so by any person in respect of whom the officer has exercised, or is about to exercise, a power under section 29 or 43. (4) Production of an identity card is evidence in any court of the designation of the park management officer to whom the identity card relates. (5) A person who ceases to be a park management officer must, as soon as practicable, return his or her identity card to the Chief Executive Officer or other person authorised to receive it. Penalty: $1 000. (6) This section does not apply to a park management officer who is a police officer. 29. Enforcement powers of park management officers (1) This section applies to an offence against section 31 or the regulations. (2) A park management officer who finds a person committing an offence to which this section applies or who on reasonable grounds suspects that such an offence has been committed or is about to be committed by a person may — (a) require the person to give to the officer the person's name and address; and (b) stop, detain and search any vehicle if a person in or on the vehicle is, or is suspected by the officer on reasonable grounds of being, the offender; and (c) remove any vehicle, animal or other thing from a zoological park. (3) A person must, when required to do so under subsection (2)(a), give the person's full and correct name and address. (4) If a person does not under subsection (3) give the person's full and correct name and address to a park management officer — (a) the person obstructs the park management officer in the performance of the officer's functions and section 31 applies accordingly; and (b) the park management officer may detain the person until the person can be delivered to a police officer to be dealt with according to law. (5) Before exercising a power conferred by subsection (2)(b) or (c) a park management officer must take all reasonable steps to inform the person, or the owner or person in charge of the vehicle or animal, as the case requires, of — (a) his or her intention to exercise the power; and (b) his or her reasons for believing that the proposed exercise of the power is justified. (6) Nothing in this section derogates from the powers of a park management officer who is a police officer. 30. Power to require person to leave zoological park (1) A park management officer may require a person to leave a zoological park if the park management officer — (a) finds the person committing an offence or believes on reasonable grounds that the person has committed, or is about to commit, an offence; or (b) believes on reasonable grounds that an emergency situation exists in the zoological park. (2) A person must not remain in a zoological park after being required to leave the zoological park under subsection (1). Penalty: $2 000. (3) If a person contravenes subsection (2), a police officer may remove, or make arrangements for the removal of, the person from the zoological park and if necessary detain the person for the purpose of effecting his or her removal. (4) A park management officer who is not a police officer may detain a person who has contravened subsection (2) until the person can be delivered to a police officer for removal under subsection (3). (5) In this section — emergency situation means a fire or other occurrence that endangers, or is likely to endanger, public or animal safety. 31. Obstructing park management officer, offence A person must not resist, delay or in any way obstruct a park management officer in the performance of his or her functions. Penalty: $5 000. [Section 31 amended: No. 50 of 2003 s. 105(2).] Part 7 — Financial provisions 32. Funds of Authority (1) The funds available for the purpose of enabling the Authority to perform its functions consist of — (a) moneys from time to time appropriated by Parliament; and (b) moneys received by the Authority in the performance of its functions; and (c) moneys received by the Authority by way of gift, including a gift by will; and (d) moneys borrowed by the Authority under section 34 or 35; and (e) other moneys lawfully received by, made available to or payable to the Authority. (2) Where any gift, including a gift by will, has been made to the Authority upon lawful conditions that are accepted by the Authority, it is to apply the gift in accordance with those conditions. 33. Zoological Parks Authority Account (1) An account called the Zoological Parks Authority Account is to be established — (a) as an agency special purpose account under section 16 of the Financial Management Act 2006; or (b) with the approval of the Treasurer, at a bank (as defined in section 3 of that Act) or other financial institution, to which the funds referred to in section 32 are to be credited. (2) The Account is to be charged with — (a) the remuneration and allowances payable under section 8; and (b) interest on and repayment of moneys borrowed by the Authority under section 34 or 35; and (c) all other expenditure lawfully incurred by the Authority in the performance of its functions. [Section 33 amended: No. 28 of 2006 s. 223; No. 77 of 2006 Sch. 1 cl. 190(2).] 34. Borrowing from Treasurer (1) The Authority may borrow from the Treasurer such amounts as the Treasurer approves on such terms and conditions relating to repayment and payment of interest as the Treasurer imposes. (2) By virtue of this subsection the Account and the assets of the Authority are charged with the due performance by the Authority of its obligations in respect of a loan under subsection (1). 35. Other borrowing (1) In addition to its powers under section 34, the Authority may with the prior written approval of the Treasurer and on such terms and conditions as the Treasurer approves, borrow moneys for the purpose of performing its functions. (2) Any moneys borrowed by the Authority under subsection (1) may be raised — (a) as one loan or as several loans; and (b) in such manner as the Treasurer approves. 36. Guarantee by Treasurer (1) The Treasurer may, in the name and on behalf of the Crown in right of the State, guarantee the payment of any moneys payable by the Authority in respect of moneys borrowed by it under section 35. (2) A guarantee is to be in such form and contain such terms and conditions as the Treasurer determines. (3) Before a guarantee is given, the Authority is to — (a) give to the Treasurer such security as the Treasurer requires; and (b) execute all instruments that are necessary for the purpose. (4) The Treasurer may fix charges to be paid by the Authority to the credit of the Consolidated Account in respect of a guarantee given under this section. [Section 36 amended: No. 77 of 2006 s. 4.] 37. Effect of Treasurer's guarantee (1) The due payment of moneys under a guarantee given under section 36 is to be — (a) made by the Treasurer; and (b) charged to, and paid out of, the Consolidated Account, and this subsection appropriates that Account accordingly. (2) The Treasurer is to cause to be credited to the Consolidated Account any amounts received or recovered from the Authority or otherwise in respect of any payment made by the Treasurer under a guarantee given under section 36. [Section 37 amended: No. 77 of 2006 s. 4 and 5(1)] 38. Financial Management Act 2006 and Auditor General Act 2006, application