EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 329

 

Issued by the authority of the Minister for Finance and Deregulation

 

Financial Management and Accountability Act 1997

 

Financial Management and Accountability Amendment Regulations 2009 (No. 7)

The Financial Management and Accountability Act 1997 (FMA Act) provides a framework of rules for the proper management of public money and public property by Chief Executives and officials of FMA Act agencies.

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

Section 5 of the FMA Act provides that for the purposes of the FMA Act, a prescribed Agency means a body, organisation or group of persons prescribed by the Regulations for the purposes of that definition. Agencies are currently prescribed in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

The Regulations amend Schedule 1 to the Principal Regulations to prescribe the Australian National Preventive Health Agency (ANPHA) as a new Statutory Agency under the Public Service Act 1999 (PS Act). The Australian National Preventive Health Agency Act 2009 establishes ANPHA from 1 January 2010, to provide evidence-based policy advice on preventive health, and to administer social marketing and other health- related programs.

The Regulations also amend Schedule 1 to the Principal Regulations to update the prescribed Agency details of the Australian Sports Anti-Doping Authority (ASADA). ASADA is an existing prescribed Agency under the FMA Act and a Statutory Agency under the PS Act established by the Australian Sports Anti-Doping Authority Act 2006. Its role is to administer the Australian Government’s sports anti-doping program. The changes to the Principal Regulations reflect the changes to ASADA’s governance structure commencing from 1 January 2010, in accordance with the Australian Sports Anti-Doping Authority Amendment Act 2009.

The FMA Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

In accordance with section 17 of the Legislative Instruments Act 2003, consultation was undertaken with the Department of Health and Ageing.

The Regulations commence on 1 January 2010.