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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 74
EXPLANATORY STATEMENTSTATUTORY RULES 2002 No. 74
Issued by the Authority of the Minister for Finance and Administration
Financial Management and Accountability Act 1997
Financial Management and Accountability Amendment Regulations 2002 (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 purpose of the regulations is to clarify, correct and update the Financial Management and Accountability Regulations 1997 and introduce changes to assist users of the regulations in applying the law.
The Regulations:
• Introduce Notes to indicate when a prescribed Agency under the Act is also an Executive Agency or a Statutory Agency under the Public Service Act 1999. This will further clarify the interaction of these two Acts that are fundamental to the Commonwealth's governance (Items [8] - [20], [22] - [35] and [37] - [47]).
• Remove the Office of Asset Sales and Commercial Support from the list of prescribed Agencies following its abolition as an Executive Agency under the Public Service Act 1999 and the transfer of its functions to the Department of Finance and Administration (Item [36]).
• Extend the range of options available to the Minister under the Commonwealth Procurement Guidelines to specify forms in which contract details can be published (Item [2]).
• Remove references to 'Parliamentary Secretary' following the repeal of the Parliamentary Secretaries Act 1980 and the amendment of the Ministers of State Act 1952 (Items [1], [3] and [4]).
• Correct cross-references to processes for the approval of proposals to spend public money, to clarify the need for an approver to obtain written authorisation from the Finance Minister in certain cases (Items [5] and [6]).
• Correct citations to Commonwealth Acts, section references and minor errors (eg, correct Ombudsman Act 1986 to Ombudsman Act 1976) (Items [7], [8], [21], [38], [40], [41] and [48]).
• Correct legislative references to people that comprise the prescribed Agencies of the Administrative Appeals Tribunal and the Office of National Assessments (Items [8] and [38]).
The amendment regulations commenced on gazettal. Further details on the amendment regulations are set out in the Attachment.
ATTACHMENT TO EXPLANATORY STATEMENT
STATUTORY RULES 2002 No. 74
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 1997.
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 2002 (No. 1).
Regulation 2
This provides that the amendments commenced on gazettal.
Regulation 3
This provides that Schedule 1 amends the Financial Management and Accountability Regulations 1997.
Schedule 1
[1] Regulation 3, definition of 'approver', paragraph (a)
This item omits the words 'a Minister or Parliamentary Secretary; or' and inserts the words 'a Minister; or'. Following repeal of the Parliamentary Secretaries Act 1980 and amendments to the Ministers of State Act 1952, a 'Parliamentary Secretary' is now a 'Minister of State'.
[2] Subregulation 7(3)
This item omits the words 'a matter must be published in the Gazette' and inserts the words 'a matter must be published in the way set out in the Guidelines'. This extends the options available to the Minister for Finance and Administration in the Commonwealth Procurement Guidelines to require procurement matters to be published as required by the Guidelines.
[3] and [4] Regulation 11
These items remove the references to 'Parliamentary Secretary' in the heading and body of the regulation. A 'Parliamentary Secretary' is now a Minister under the Ministers of State Act 1952.
[5] and [6] Regulation 13 and paragraph 14(2)(a)
These items omit the words 'under regulation 9 or 10' and inserts the words 'under regulation 9 and, if necessary, in accordance with regulation 10'. These items clarify that in entering into an arrangement where public money is to be, or may be, spent, approval of a relevant spending proposal under regulation 9 and 10 is required if the spending proposal is an expenditure for which an appropriation has not been authorised by an Act or a Bill before Parliament.
[7] Subregulation 25(1)
This item omits the words 'Financial Chief Executive's' and inserts the words 'Finance Chief Executive's' to correct a typographical error.
[8] Schedule 1, item 101
This item substitutes Schedule 1, item 10 1 to correct references to the Administrative Appeals Tribunal to include District Registrars and Conference Registrars, and to correct references to the Administrative Appeals Tribunal Act 1975. It also inserts reference to a Note that the Administrative Appeals Tribunal is a Statutory Agency under the Public Service Act 1999.
[9] Schedule 1, item 104, column 2
This item inserts reference to a Note that AUSTRAC is also a Statutory Agency under the Public Service Act 1999.
[10] Schedule 1, item 106, column 2
This item inserts reference to a Note that the Australian Bureau of Statistics is also a Statutory Agency under the Public Service Act 1999.
[11] Schedule 1, item 107, column 2
This item inserts reference to a Note that the Australian Centre for International Agricultural Research is also a Statutory Agency under the Public Service Act 1999.
[12] Schedule 1, item 108, column 2
This item inserts reference to a Note that the Australian Competition and Consumer Commission is also a Statutory Agency under the Public Service Act 1999.
[13] Schedule 1, item 109, column 2
This item inserts reference to a Note that the Australian Customs Service is also a Statutory Agency under the Public Service Act 1999.
[14] Schedule 1, item 110, column 2
This item inserts reference to a Note that the Australian Electoral Commission is also a Statutory Agency under the Public Service Act 1999.
[15] Schedule 1, item IIIA, column 2
This item inserts reference to a Note that the Australian Greenhouse Office is also an Executive Agency established under section 65 of the Public Service Act 1999.
[16] Schedule 1, item 113, column 2
This item inserts reference to, a Note that the Australian Industrial Registry is also a Statutory Agency under the Public Service Act 1999.
[17] Schedule 1, item 114, column 2
This item inserts reference to a Note that the Australian National Audit Office is also a Statutory Agency under the Public Service Act 1999.
[18] Schedule 1, item 114A, column 2
This item inserts reference to a Note that the Australian Radiation Protection and Nuclear Safety Agency is also a Statutory Agency under the Public Service Act 1999.
[19] Schedule 1, item 114B, column 2
This item inserts reference to a Note that the Australian Research Council is also a Statutory Agency under the Public Service Act 1999.
[20] Schedule 1, item 117, column 2
This item inserts reference to a Note that the Australian Taxation Office is also a Statutory Agency under the Public Service Act 1999.
[21] Schedule 1, item 120, column 2, paragraph (b)
This item corrects a typographical error amending the reference to the Ombudsman Act 1976 to state the Ombudsman Act 1986.
[22] Schedule 1, item 120, column 2
This item inserts reference to a Note that the Commonwealth Ombudsman Office is also a Statutory Agency under the Public Service Act 1999.
[23] Schedule 1, item 122, column 2
This item inserts reference to a Note that ComSuper is also a Statutory Agency under the Public Service Act 1999.
[24] Schedule 1, item 122B, column 2
This item inserts reference to a Note that the Equal Opportunity for Women in the Workplace Agency is also a Statutory Agency under the Public Service Act 1999.
[25] Schedule 1, item 123, column 2
This item inserts reference to a Note that the Family Court of Australia is also a Statutory Agency under the Public Service Act 1999.
[26] Schedule 1, item 124, column 2
This item inserts reference to a Note that the Federal Court of Australia is also a Statutory Agency under the Public Service Act 1999.
[27] Schedule 1, item 124A, column 2
This item inserts reference to a Note that the Federal Magistrates Court is also a Statutory Agency under the Public Service Act 1999.
[28] Schedule 1, item 125, column 2
This item inserts reference to a Note that the Human Rights and Equal Opportunity Commission is also a Statutory Agency under the Public Service Act 1999.
[29] Schedule 1, item 126, column 2
This item inserts reference to a Note that the Insolvency Trustee Service Australia is also an Executive Agency established under section 65 of the Public Service Act 1999.
[30] Schedule 1, item 128AC, column 2
This item inserts reference to a Note that the National Archives of Australia is also an Executive Agency established under section 65 of the Public Service Act 1999.
[31] Schedule 1, item 129, column 2
This item inserts reference to a Note that the National Capital Authority is also a Statutory Agency under the Public Service Act 1999.
[32] Schedule 1, item 131, column 2
This item inserts reference to a Note that the National Crime Authority is also a Statutory Agency under the Public Service Act 1999.
[33] Schedule 1, item 132, column 2
This item inserts reference to a Note that the National Native Title Registry is also a Statutory Agency under the Public Service Act 1999.
[34] Schedule 1, item 132A, column 2
This item inserts reference to a Note that the National Oceans Office is also an Executive Agency established under section 65 of the Public Service Act 1999.
[35] Schedule 1, item 132B, column 2
This item inserts reference to a Note that the National Office for the Information Economy is also an Executive Agency established under section 65 of the Public Service Act 1999.
[36] Schedule 1, item 133
This item removes the Office of Asset Sales and Commercial Support from the list of prescribed agencies. This agency has already been abolished as an Executive Agency under section 65 of the Public Service Act 1999.
[37] Schedule 1, item 134, column 2
This item inserts reference to a Note that the Office of Film and Literature Classification is also a Statutory Agency under the Public Service Act 1999.
[38] Schedule 1, item 136, column 2
This item substitutes paragraph (a), (b) and (c) with amending paragraphs (a) and (b). Paragraph (a) comprises the Director-General of the Office of National Assessments and paragraph (b) comprises the staff mentioned in section 17 of the Office of National Assessments Act 1977. This item also inserts reference to a Note that the Office of National Assessments is also a Statutory Agency under the Public Service Act 1999.
[39] Schedule 1, item 137, column 2
This item inserts reference to a Note that the Office of Parliamentary Counsel is also a Statutory Agency under the Public Service Act 1999.
[40] and [41] Schedule 1, item 137A, column 2
These items omit the words 'the staff as mentioned' and inserts the words 'the staff mentioned' in paragraph (b) to correct a typographical error and insert reference to a Note that the Office of the Privacy Commissioner is also a Statutory Agency under the Public Service Act 1999.
[42] Schedule 1, item 138, column 2
This item inserts reference to a Note that the Office of the Director of Public Prosecutions is also a Statutory Agency under the Public Service Act 1999.
[43] Schedule 1, item 139, column 2
This item inserts reference to a Note that the Office of the Inspector-General of Intelligence and Security is also a Statutory Agency under the Public Service Act 1999.
[44] Schedule 1, item 140A, column 2
This item inserts reference to a Note that the Productivity Commission is also a Statutory Agency under the Public Service Act 1999.
[45] Schedule 1, item 141, column 2
This item inserts reference to a Note that the Office of the Professional Services Review Scheme is also a Statutory Agency under the Public Service Act 1999.
[46] Schedule 1, item 142, column 2
This item inserts reference to a Note that the Office of the Public Service and Merit Protection Commission is also a Statutory Agency under the Public Service Act 1999.
[47] Schedule 1, after item 143
This item inserts the text of the Notes referred to in the preceding items. These are:
• Note A: the Australian Greenhouse Office, the Insolvency Trustee Service Australia, the National Archives of Australia, the National Oceans Office and the National Office for the Information Economy are also Executive Agencies established under section 65 of the Public Service Act 1999 by order of the Governor-General in the Commonwealth Gazette; and
• Note B: the noted agency is a body or group of persons declared by an Act to be a Statutory Agency under the Public Service Act 1999.
[48] Schedule 1, item 202, column 2, paragraph (b)
This item substitutes paragraph (b) with amending paragraph (b). This is a consequential amendment, updating a reference to the Australian Securities and Investments Commission Act 1989 so that it refers to the Australian Securities and Investments Commission Act 2001.