Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATIONS 2000 (NO. 1) 2001 NO. 13

STATUTORY RULES 2001 No. 13

Issued by the Authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment Regulations 2000 (No. 1)

Subsection 65(1) of the Financial Management and Accountability Act 1997 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The attached Statutory Rules make regulations under subsection 65(1) of the Act to amend the Financial Management and Accountability Regulations.

The Regulations amend Schedule 1 to the Principal Regulations which lists the Agencies which are prescribed for the purposes of the definition of "Agency" in section 5 of the Act. In addition to Departments of State and Departments of the Parliament, section 5 of the Act includes in the definition of "Agency", "a prescribed Agency", being an organisational unit which is to be regarded, for the purposes of the Act, as a separate Agency from the Department of State within the portfolio. Regulation 5 of the Principal Regulations prescribes all such Agencies by reference to the Schedule to the regulations. The Schedule names those Agencies, defines the persons which they comprise and specifies the Agency Chief Executive.

Details of the regulations are as follows:

Regulation 1

This advises that the name of the regulations is the Financial Management and Accountability Amendment Regulations 2000 (No. 1).

Regulation 2

This provides that regulations 1 to 3 and Schedule 1 commence on gazettal and that Schedule 2 commences on 1 July 2001.

Regulation 3

This provides that Schedules 1 and 2 amend the Financial Management and Accountability Regulations 1997.

Schedule 1

[1] Schedule 1, item 102

This omits the current item representing the Affirmative Action Agency.

[2] Schedule 1, after item 122A

This substitutes a new item for the Affirmative Action Agency to reflect their change of name to the Equal Opportunity for Women in the Workplace Agency as a consequence of the Equal Opportunity for Women in the Workplace Act 1999. This amendment also updates references to the Affirmative Action (Equal Employment Opportunity for Women) Act 1986 to the Equal Opportunity for Women in the Workplace Act 1999.

Schedule 2

[1] Schedule 1, Part 1, after item 132

This item inserts a new item 132A in Schedule 1 to make the National Oceans Office a prescribed agency. Having regard to the nature and operation of the National Oceans Office, it is considered appropriate that it should be financially independent of the Department of the Environment and Heritage for the purposes of the Act.