Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATION 2012 (NO. 3) (SLI NO 131 OF 2012)

EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 131

Subject -              Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment

Regulation 2012 (No. 3)

The Financial Management and Accountability Act 1997 (the 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 that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the FMA Act.

The Regulation amended the Financial Management and Accountability Regulations 1997 (the Principal Regulations) to reflect changes to the National Native Title Tribunal, which was made part of the Federal Court of Australia to implement the 2012-13 Budget Measure entitled National Native Title Tribunal - Increased Efficiencies.  The Regulation made changes to Schedule 1 to the Principal Regulations affecting item 143 - Federal Court of Australia to add the Registrar of the NNTT, Deputy Registrar of the NNTT and the staff engaged under the Public Service Act 1999 of the NNTT and persons engaged by the NNTT under section 132 of the Native Title Act 1993.  It also removed item 160 - National Native Title Tribunal.

The Regulation is necessary as a consequence of the 2012-13 Budget Measure entitled National Native Title Tribunal - Increased Efficiencies.  This measure will transfer the native title claim mediation functions of the NNTT to the Federal Court.  The corporate services areas of the two agencies will also be consolidated. 

Schedule 1 to the Regulation would remove item 160, and make three changes to item 143 to add the Registrar of the NNTT and Deputy Registrar of the NNTT and the staff engaged under the Public Service Act 1999 of the NNTT and persons engaged by the NNTT under section 132 of the Native Title Act 1993.   

The Regulation is necessary as a consequence of the 2012-13 Budget Measure entitled National Native Title Tribunal - Increased Efficiencies.  This measure will transfer the native title claim mediation functions of the NNTT to the Federal Court.  The corporate services areas of the two agencies will also be consolidated. 

Consistent with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the Attorney-General's Department, the NNTT and the Federal Court.

The Office of Best Practice Regulation advised that a Regulatory Impact Statement is not necessary, as the amendment was likely to have no or low regulatory impacts on business and individuals or the economy. 

The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Human Rights Act).  The Regulation makes beneficial changes to financial and related legislation by amending the Principal Regulations.  The amendments do not engage any of the rights or freedoms outlined in the Human Rights Act, such as encompassed in the International Covenant on Civil and Political Rights (ICCPR).  The amendments do not limit any human rights, nor establish any new offences or penalties.

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

This Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulation commenced on 1 July 2012. 

Authority:       Subsection 65(1) of the Financial Management and Accountability Act 1997.

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