Part 4 s 165 Crown Entities Act 2004 Version as at 1 July 2024 Miscellaneous 165 Net surplus payable by certain statutory entities and Crown entity companies (1) Unless an exemption is granted in Schedule 1 or Schedule 2, the Minister of Finance may, in writing, require a statutory entity or Crown entity company to pay to the Crown a sum equal to the whole or any part of a net surplus of the statutory entity or Crown entity company, or its Crown entity group, as determined in accordance with generally accepted accounting practice or any other basis that may be agreed between that Minister and the entity. (2) In this section, net surplus includes both an annual profit and an accumulated surplus. (3) Before the Minister of Finance issues a requirement under this section,— (a) the Minister of Finance must consult with each responsible Minister; and (b) a responsible Minister must consult with the Crown entity. (4) This section does not limit any provision for the payment of an annual distribu‐ tion or similar payment to the Crown under the entity’s Act. (5) This section does not limit the need for a Crown entity company to comply also with the provisions of the Companies Act 1993 (or its constitution, if relevant) relating to distributions. 166 Capital charge payable by certain statutory entities (1) This section applies to a statutory entity only if the Minister of Finance has notified the statutory entity in writing that it is now subject to a capital charge under this section. (2) A statutory entity must pay to the Crown a capital charge in respect of the whole or part of the net assets of the entity of an amount, and at the times, prescribed by the capital charge rules. (3) Unless otherwise compensated by the Crown, the Minister of Finance may not require a statutory entity to pay a capital charge in respect of the net value of assets acquired by way of gift from any person other than the Crown or an entity described in section 27(3) of the Public Finance Act 1989. (4) In this section, net assets means, in relation to a Crown entity, the total assets of the entity, less its total liabilities, as defined in accordance with generally accepted accounting practice. (5) The Minister of Finance must— 94 (a) consult with the statutory entity before notifying the statutory entity that it is subject to a capital charge under this section; and (b) present a copy of the notification to the House of Representatives as soon as practicable after the date on which the notification is given.