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South Africa
Public Audit Act, 2004
Act 25 of 2004
- Published in Government Gazette 27121 on 20 December 2004
- Assented to on 14 December 2004
- Commenced on 1 April 2004
- Note: See section 55
- [This is the version of this document from 20 December 2004.]
Chapter 1
Interpretation and objects of Act
1. Definitions
2. Objects of this Act
The objects of this Act are—Chapter 2
Auditor-General
Part 1 – Status and functions
3. Constitutional and legal status
The Auditor-General—4. Constitutional functions
5. Other functions
Part 2 – Appointment and conditions of employment
6. Appointment
7. Conditions of employment
8. Vacation of office
9. Acting Auditor-General
Part 3 – Accountability
10. Accountability reports to National Assembly
Chapter 3
Audits
Part 1 – Audits by Auditor-General
11. Application of this Part
This Part applies to all audits of auditees which the Auditor-General—12. Authorised auditors
13. Standards for audits
14. Submission of financial statements
15. General auditing powers
16. Searches of property, premises, vehicles and persons
17. Accompanying assistants
When exercising the powers referred to in sections 15 and 16, the Auditor-General or an authorised auditor may be accompanied by such assistants and other persons as are reasonably required for the exercise of those powers.18. Protection of information
19. Auditees to render assistance
20. Audit reports
21. Submission of audit reports
22. Audit reports on confidential, secret or classified accounts
23. Audit fees
Part 2 – Audits of institutions by auditors in private practice
24. Application of this Part
This Part applies to audits of institutions referred to in section 4(3) where the Auditor-General has opted not to perform the audit.25. Appointment of auditors
26. Discharge of auditors
27. Duties and powers of auditors
28. Audit reports and other reports
Part 3 – Investigations and special audits by Auditor-General
29. Carrying out of investigations and special audits
Chapter 4
Administration of Auditor-General
30. Administration
Part 1 – Deputy Auditor-General
31. Appointment of Deputy Auditor-General
32. Responsibilities of Deputy Auditor-General
33. Acting Deputy Auditor-General
Part 2 – Other staff
34. Appointments
35. Human resource management
Human resource management and related issues, including terms and conditions of employment, must be dealt with in accordance with generally accepted human resource practice and applicable labour legislation through appropriate management, consultative and, where applicable, negotiation processes.Part 3 – Financial administration
36. Funds
37. Bank accounts
38. Budget and business plan
39. Auditing of Auditor-General’s accounts, financial statements and financial management
40. Audit Committee
41. Annual report and financial statements
42. Financial year
The financial year of the Auditor-General is 1 April to 31 March the next year.43. Financial responsibilities of Deputy Auditor-General
44. Financial responsibilities of other staff members
Each member of the staff of the Auditor-General exercising financial management responsibilities must take all reasonable steps within his or her area of responsibility to ensure—45. Irregular or fruitless and wasteful expenditure
46. Financial misconduct by staff members
47. Applicable legal regime for disciplinary proceedings
A charge of financial misconduct against the Deputy Auditor-General or another staff member, must be investigated, heard and disposed of in terms of that person’s conditions of employment and any applicable provisions of the code of conduct referred to in section 12(3)(b).Chapter 5
General
48. Delegation of powers and duties
49. Limitation of liability
The Auditor-General, the Deputy Auditor-General, any other staff member or any authorised auditor exercising a power or carrying out a duty in terms of this Act, is not liable in respect of any loss or damage resulting from the exercise of that power or the carrying out of that duty in good faith.50. Disclosure of information
No authorised auditor, person assisting an authorised auditor or a member of the staff of the Auditor-General may, without the permission of the Auditor-General, disclose information obtained in the course of an audit or the carrying out of duties in terms of this Act otherwise than in an audit report or in accordance with section 18(4).51. Offences and penalties
52. Regulations
53. Repeal of legislation
The legislation mentioned in the second column of the table in the Schedule is hereby repealed to the extent mentioned in the third column, subject to section 54.54. Transitional provision
55 Short title and commencement
This Act is called the Public Audit Act, 2004, and takes effect on 1 April 2004.History of this document
20 December 2004 this version
14 December 2004
Assented to
01 April 2004
Commenced
Note: See section 55
Subsidiary legislation
Title | Numbered title |
---|---|
Auditing of Local Government in terms of the Municipal Finance Management Act 56 of 2003 | General Notice 1512 of 2006 |
Cited documents 7
Legislation 7
1. | Local Government: Municipal Systems Act, 2000 | 4368 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4003 citations |
3. | Public Finance Management Act, 1999 | 2186 citations |
4. | Local Government: Municipal Finance Management Act, 2003 | 1662 citations |
5. | Banks Act, 1990 | 856 citations |
6. | Constitution of the Republic of South Africa, 1996 | 585 citations |
7. | Secret Services Act, 1978 | 12 citations |