STATE AUDIT COMMISSION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement

   2.   Interpretation

PART II
THE STATE AUDIT COMMISSION

   3.   Seal of Commission

   4.   Functions of Commission

   5.   Composition of Commission

   6.   Proceedings of Commission

   7.   Committees

   8.   Emoluments

   9.   Secretary and other staff

   10.   Disclosure of interest

   11.   Prohibition of publication or disclosure of information to unauthorised persons

   12.   Oath on appointment

   13.   Immunity

PART III
FINANCIAL PROVISIONS

   14.   Funds of Commission

   15.   Financial year

   16.   Accounts and audits

   17.   Annual report

PART IV
GENERAL PROVISIONS

   18.   Privileged reports

   19.   General offences

   20.   Regulations

 

AN ACT

to provide for the membership, functions, operations and financial management of the State Audit Commission; and provide for matters connected with, or incidental to, the foregoing.

[On Notice]

Act 27 of 2016.

PART I
PRELIMINARY PROVISIONS

1.   Short title

This Act may be cited as the State Audit Commission Act, 2016, and shall come into operation on such date as the Minister may appoint by statutory instrument..

2.   Interpretation

In this Act, unless the context otherwise requires—

“associate” has the meaning assigned to it in the Anti-Corruption Act, 2012;

“Auditor-General” means the Auditor-General appointed under Article 249 of the Constitution;

“Chairperson” means the person appointed Chairperson of the Commission under section 5;

“Commission” means the State Audit Commission established by Article 234 of the Constitution;

“emoluments” has the meaning assigned to it in the Constitution;

“Emoluments Commission” means the Emoluments Commission established under Article 232 of the Constitution;

“Engineering Institution of Zambia” means the Engineering Institution of Zambia established under the Engineering Institution of Zambia Act, 2010;

“Law Association of Zambia” means the Law Association of Zambia established under the Law Association of Zambia Act;

“member” means a person appointed as a member of the Commission under section 5;

“National Audit Office” means the National Audit Office established under the Public Audit Act, 2016;

“oath” has the meaning assigned to it in the Constitution;

“relative” means—

   (a)   a person’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and

   (b)   a person’s spouse or the spouse of any of the persons mentioned in paragraph (a);

“Secretary” means a person appointed as Secretary of the Commission under section 9;

“State institution” has the meaning assigned to it in the Constitution;

“State organ” has the meaning assigned to it in the Constitution;

“Vice-Chairperson” means the person elected Vice-Chairperson of the Commission under section 5;

“Zambia Institute of Chartered Accountants” means the Zambia Institute of Chartered Accountants continued under the Accountants Act, 2008; and

“Zambia Institute of Human Resources Management” means the Zambia Institute of Human Resources Management established under the Zambia Institute of Human Resources Management Act, 1997.

PART II
THE STATE AUDIT COMMISSION

3.   Seal of Commission

   (1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Secretary.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Commission.

   (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without seal on behalf of the Commission by the Secretary or any other person generally or specifically authorised by the Commission in that behalf.

   (4) A document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

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