Commonwealth Numbered Regulations

FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATIONS 2010 (NO. 6) (SLI NO 323 OF 2010) - SCHEDULE 1

(regulation 3)

[1]           Regulation 3, after definition of grant

insert

specified cash means cash in its physical form which is obtained:

                (a)    on credit; or

               (b)    from a cash float provided by a person other than the Agency that receives the specified cash.

[2]           Paragraph 11 (1) (a)

before

guarantee

insert

loan

[3]           Paragraph 11 (1) (c)

before

guarantee

insert

loan

[4]           Regulations 15 and 16

substitute

15             Relevant Agency receipts (Act s 31)

         (1)   This regulation sets out kinds of amounts for subsection 31 (1) of the Act.

Note    If an Agency receives an amount mentioned in this regulation, subsection 31 (2) of the Act provides that the amount specified in the most recent departmental item for the Agency is taken to be increased by an amount equal to the amount received by the Agency.

         (2)   Subject to subregulations (4) to (6), amounts in the following table are kinds of amounts for subsection 31(1) of the Act if an amount of that kind is received by an Agency in relation to the Agency's departmental activities.

         (3)   Subject to subregulations (4) to (6), amounts in the following table are kinds of amounts for subsection 31(1) of the Act.

         (4)   Despite subregulations (2) and (3) and any other provision of these Regulations or another legislative instrument, an amount that is a tax, levy, fine or penalty is not an amount of a kind prescribed for subsection 31 (1) of the Act.

         (5)   If:

                (a)    an amount of the kind mentioned in an item of the table in subregulation (2) is received by an Agency; and

               (b)    the amount has been debited from an administered item appropriated for the Agency;

the amount is not an amount of a kind prescribed for subsection 31(1) of the Act.

         (6)   An amount received by an Agency is not amount of a kind prescribed for subsection 31 (1) of the Act if a departmental item has been appropriated for the Agency in relation to the amount received by the Agency.

         (7)   For item 9 of the table in subregulation (2), if the total of the amounts of the kind mentioned in the item received by the Agency in the financial year, after offsetting costs in relation to the sale of the minor departmental assets, reaches 5% of the Agency's cumulative annual departmental appropriation for the financial year, any further amount of that kind received by the Agency in the financial year is not an amount of a kind prescribed for subsection 31 (1) of the Act.

         (8)   A determination for item 3 of the table in subregulation (3) is a legislative instrument.

         (9)   In this regulation:

"administered item" means an administered item in an Appropriation Act.

"minor departmental asset" means an asset for which the original purchase price was $10 000 000 or less.

[5]           Subregulation 17 (2), after note 2

insert

Note 3    Chief Executives may approve other banking days for particular kinds of money (for example, specified cash). The days may be determined in the Chief Executive Instructions.

[6]           Regulation 19

substitute

19             Withdrawals involving internal transfers (Act s 13)

         (1)   For section 13 of the Act, an official may withdraw an amount from an official account for the purpose of depositing the amount into another official account if no appropriation and drawing right is relied on in relation to the transfer.

         (2)   For section 13 of the Act, an official may withdraw an amount from an official account for the purpose of establishing or reimbursing a cash advance established for a purpose, and maintained in a manner, approved by the Chief Executive.

         (3)   In subregulation (2):

cash advance means public money, in the custody or control of an official, and held outside an official account, for a purpose of making payments of public money in cash.

Note 1    Subregulations (1) and (2) authorise officials to make internal transfers (including within an Agency) of public money, in circumstances in which no real or notional payment is being made and no appropriation is required, for example, where an Agency transfers money from one of its own official accounts to another (or to the custody of an official), or money is transferred from the Official Public Account to an Agency's account.

Note 2    Section 13 of the Act provides that a withdrawal of money from an official account that is not authorised by these Regulations carries a penalty.

19A          Withdrawals for payments or notional payments involving drawing rights (Act s 13)

                For section 13 of the Act, an official may withdraw an amount from an official account for the purpose of spending the amount under an appropriation if the official has been issued with a relevant drawing right under paragraph 27 (1) (a) of the Act.

[7]           Schedule 1, after item 116

insert