Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 57

EXPLANATORY STATEMENT

STATUTORY RULES 2004 No. 57

Issued by the Authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment Regulations 2004 (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 Act provides a framework of rules for the proper management of public money and public property that applies to Chief Executives of Agencies and officials of Agencies.

Section 5 of the Act provides in part that, for the purposes of the Act, an 'Agency' includes a prescribed Agency. Agencies are prescribed for the purposes of the Act in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

The Regulations:

•       make the National Offshore Petroleum Safety Authority (NOPSA) a prescribed Agency for the purposes of the Act from 1 July 2004; and

•       change the name of the National Office for the Information Economy (NOIE), a prescribed Agency under the FMA Act, to the Australian Government Information Management Office (AGIMO) from 8 April 2004.

NOPSA was established by section 150XD of the Petroleum (Submerged Lands) Act 1967, with effect from 4 December 2003, noting that NOPSA will not have staff, personnel or perform any functions until it commences operations as a prescribed Agency.

The Regulations change the name of NOIE to AGIMO, which is to reflect amendments made to the Order creating NOIE as an Executive Agency under the Public Service Act 1999 which relates to the transfer of NOIE's functions relating to broader policy on the information economy to the Department of Communications, Information Technology and the Arts.

Schedule 1 of the Regulations inserts AGIMO into, and omits NOIE from, Schedule 1 to the Principal Regulations.

Schedule 2 of the Regulations inserts NOPSA into Schedule 1 to the Principal Regulations.

Schedule 1 of the Regulations, which inserts the amendments relating to AGIMO, commences on 8 April 2004. Schedule 2 of the proposed Regulations commences on 1 July 2004, so that NOPSA can deal with public money in its own right.


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