Application of this Part
Open ↗33.—(1) This Part applies to and in relation to —(a)
every Group 1 public body to the extent provided in this Part;
(b)
every Group 2 public body; and
(c)
every Group 3B public body.
(2) To avoid doubt, this Part does not affect —(a)
any power of the President under the Constitution in relation to any annual estimates or supplementary estimates of a Group 1 public body which is specified in the Fifth Schedule to the Constitution;
(b)
any power of the responsible Minister for a public body under the constitutional Act of the public body to approve any annual estimates or supplementary estimates of a public body or any part of those estimates; or
(c)
any specific requirement in or under a constitutional Act of a public body that delimits the time by, or form in, which —(i)
the annual estimates or supplementary estimates of the public body must be prepared or given to a responsible Minister of the public body;
(ii)
the annual financial statements must be prepared for audit; or
(iii)
the audited financial statements must be sent to the responsible Minister.
Annual estimates
Open ↗34.—(1) A public body or its governing body must, in every financial year of the public body, prepare or cause to be prepared, and must adopt a statement containing annual estimates of its revenue and expenditure for the following financial year.
(2) A copy of the statement of annual estimates mentioned in subsection (1) must, upon their adoption by the public body or its governing body (as the case may be), be sent as soon as possible to the responsible Minister for the public body.
Supplementary estimates
Open ↗35.—(1) A public body or its governing body may, during its financial year, prepare or cause to be prepared, and may adopt, a statement containing supplementary estimates of its revenue and expenditure for that financial year.
(2) A copy of the statement of supplementary estimates mentioned in subsection (1) must, upon their adoption by the public body or its governing body (as the case may be), be sent as soon as possible to the responsible Minister for the public body.
Financial accounts and records
Open ↗36. A public body must —(a)
keep proper accounts and records of its transactions and affairs and in accordance with the requirements of written law; and
(b)
do all things necessary to ensure that —(i)
all payments out of its moneys are correctly made and properly authorised; and
(ii)
adequate control is maintained over the property and assets of, or in the custody of, the public body and over the expenditure incurred by the public body.
Auditor of public body
Open ↗37.—(1) The accounts of a public body must be audited by —(a)
the Auditor-General; or
(b)
another auditor appointed annually by the responsible Minister for the public body in consultation with the Auditor‑General.
(2) A person is not qualified for appointment as an auditor under subsection (1)(b) unless the person is a public accountant who is registered or deemed to be registered under the Accountants Act 2004.
(3) The remuneration of the auditor of a public body appointed under subsection (1) must be paid out of the funds of the public body unless otherwise provided in the constitutional Act of the public body.
(4) This section does not apply to or in relation to a Group 1B public body.
Powers of auditor
Open ↗38.—(1) A public body must, as soon as practicable after the close of each financial year but not later than the time (if any) delimited in its constitutional Act, prepare and submit the financial statements in respect of that year to the auditor of the public body, who must audit and report on them.
(2) For the purpose of auditing and reporting on the financial statements submitted under subsection (1), the auditor of the public body, or a person authorised by the auditor for that purpose (called in this section an authorised person), is entitled at all reasonable times —(a)
to full and free access to all accounting and other records relating, directly or indirectly, to the financial transactions of the public body;
(b)
to make copies of or take extracts from any of those accounting and other records; and
(c)
to require any person to furnish the auditor or authorised person with any information in the possession of that person, or to which that person has access, that the auditor or authorised person considers necessary for the purposes of the auditor’s functions under this Act.
(3) A person —(a)
who, without any reasonable cause, fails to comply with any requirement of the auditor of the public body or an authorised person under subsection (2); or
(b)
who otherwise hinders, obstructs or delays the auditor or the authorised person in the performance of his or her functions or the exercise of his or her powers,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(4) This section does not apply to or in relation to a Group 1B public body.
Auditor’s report
Open ↗39.—(1) The report of the auditor of a public body about the financial statements submitted under section 38(1) must state —(a)
whether the financial statements show fairly the financial transactions and the state of affairs of the public body;
(b)
whether proper accounting and other records have been kept, including records of all assets of the public body whether purchased, donated or otherwise;
(c)
whether the receipts, expenditure, investment of moneys, and the acquisition and disposal of assets, by the public body during the financial year have been in accordance with this Act, the constitutional Act of the public body and the requirements of any other written law applicable to moneys of or managed by the public body; and
(d)
any other matters arising from the audit that the auditor considers should be reported.
(2) The auditor of a public body must, as soon as practicable after the accounts have been submitted to the auditor for audit, send a report of the audit to the public body.
(3) The auditor of a public body may at any other time report to the responsible Minister for the public body through the public body upon any matter arising out of the performance of an audit under this Act.
(4) This section does not apply to or in relation to a Group 1B public body.
Audited annual financial statements
Open ↗40.—(1) A public body must, as soon as its accounts and financial statements have been audited in accordance with the provisions of this Act, send to the responsible Minister for the public body a copy of the audited financial statements, signed by the chairperson of the public body, together with a copy of the auditor’s report under section 39(1).
(2) Where the auditor of a public body is not the Auditor‑General, the auditor must forward a copy of the audited financial statements and any report made by the auditor under section 39(1) to the Auditor‑General at the same time they are submitted to the public body.
(3) The responsible Minister for a public body must, as soon as practicable, cause a copy of the audited financial statements and of the auditor’s report mentioned in subsection (1) to be presented to Parliament.
(4) This section does not apply to or in relation to a Group 1B public body.
Annual and other reports of public body
Open ↗41.—(1) A public body must, as soon as practicable after the end of each financial year, cause to be prepared and transmitted to its responsible Minister a report dealing generally with the activities of the public body during the preceding financial year and containing such information relating to the proceedings and policy of the public body as the responsible Minister may, from time to time, direct.
(2) The responsible Minister for a public body must, as soon as practicable, cause to be presented to Parliament a copy of every report under subsection (1) received from the public body.
(3) Subsection (2) does not apply to or in relation to a Group 1B public body.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
