Commonwealth Numbered Regulations

1980 No. 92 FINANCE REGULATIONS (AMENDMENTS) - REG 2

2. After Part II of the Finance Regulations, the following Part is inserted:

"PART IIA-OBLIGATIONS INVOLVING EXPENDITURE OF PUBLIC MONEYS Conditions
subject to which obligations may be incurred

"44A. (1) Subject to sub-regulation (2), an officer shall not incur, on behalf
of, or for the purposes of, the Commonwealth, an obligation involving
expenditure of public moneys, being an obligation in respect of-

   (a)  the execution of works or the supply of services for or by the
        Commonwealth; or

   (b)  the purchase of chattels or other property for or by the Commonwealth,
        unless-

   (c)  where a payment in connection with the obligation would be required to
        be made during the financial year that is current when the obligation
        is incurred-

        (i)    moneys have been appropriated under a head of expenditure in an
               Appropriation Act for that financial year that are sufficient
               to meet the payment and all other payments that have been met,
               or may reasonably be expected to be met during that financial
               year, from that head of expenditure;

        (ii)   provision for such an appropriation has been included in a
               proposed law submitted to the Parliament; or

        (iii)  the Minister has given his approval to the obligation being
               incurred; and

   (d)  where a payment in connection with the obligation would be required to
        be made after the end of the financial year that is current when the
        obligation is incurred-

        (i)    approval has been given by the Minister for the payment to be
               met from moneys to be appropriated for the service of, or for
               specified expenditure in respect of, such financial year as the
               Minister specifies; or

        (ii)   the obligation is specified in, or is included in a class of
               obligations that is specified in, a declaration made by the
               Minister under sub-regulation (3).



"(2) Sub-regulation (1) does not apply in relation to an obligation of a kind
referred to in that sub-regulation if the obligation is incurred in pursuance
of the provisions of an enactment authorizing the incurring of the obligation.



"(3) The Minister may, by instrument in writing, declare, in relation to an
obligation of a kind referred to in sub-regulation (1) that is specified in,
or is included in a class of obligations specified in, the instrument, that
any payment in connection with the obligation, being a payment that is to be
made after the end of the financial year that is current when the obligation
is incurred, may be made without the approval of the Minister referred to in
sub-paragraph (1) (d) (i) in relation to the payment being obtained.

Rights and liabilities of parties to obligation

"44B. The rights and liabilities of the parties to an obligation of a kind
referred to in sub-regulation 44A (1) are not affected by reason of the fact
that the obligation was incurred in contravention of that sub-regulation.".