Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATIONS 2001 (NO. 2) 2001 NO. 198

STATUTORY RULES 2001 No. 198

Issued by the Authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment Regulations 2001 (No. 2)

The attached Statutory Rules make regulations under subsection 65(1) of the Financial Management and Accountability Act 1997 (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 regulation are as follows:

Regulation 1

This advises that the name of the regulations is the Financial Management and Accountability Amendment Regulations 2001 (No. 2).

Regulation 2

This provides that the amendments commenced on 1 July 2001. The retrospective commencement date is in accordance with section 48(2) of the Acts Interpretation Act 1901 and will not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) or impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of commencement.

Regulation 3

This provides that Schedule 1 amends the Financial Management and Accountability Regulations 1997.

Schedule 1

[1] Schedule 1, after item 114A

This item inserts a new item 114B in Schedule 1 to make the Australian Research Council a prescribed agency. Having regard to the nature and operation of the Australian Research Council, it is considered appropriate that it should be financially independent of the Department of Education, Training and Youth Affairs for the purposes of the Act.

[2] Schedule 1, item 133

This item substitutes new items 132B and 133 in Schedule 1 to make the National Office for Information Economy a prescribed agency and amends the reference to the Office of Asset Sales and IT Outsourcing to refer to the Office of Asset Sales and Commercial Support. Having regard to the nature and operation of the National Office for Information Economy, it is considered appropriate that it should be financially independent of the Department of Communication, Information Technology and the Arts for the purposes of the Act. The reference to the Office of Asset Sales and IT Outsourcing is amended to refer to the Office of Asset Sales and Commercial Support to reflect its change of name as a consequence the gazettal of an order dated 16 May 2001 by the Governor-General pursuant to section 65 of the Public Service Act 1999. This amendment also updates who comprises the agency.