Finance (Overseas) Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 1351

 

Finance (Overseas) Regulations2

(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Audit Act 1901.

Dated 21 June 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Finance (Overseas) Regulations.

Commencement

2. These Regulations shall come into operation on 1 July 1985.

Interpretation

3. Regulation 2 of the Principal Regulations is amended

(a) by omitting the definition of “accounting office”;

(b) by omitting paragraph (d) of the definition of “Department” and substituting the following paragraphs:

“(d) a branch of the Australian Public Service in relation to which a person who holds, or is performing the duties of, the office of

(i) Auditor-General;

 

(ii) Commissioner of Taxation;

(iii) Commonwealth Ombudsman;

(iv) President of the Inter-State Commission; or

(v) Supervising Scientist for the Alligator Rivers Region,

has, under an Act, the powers of, or exercisable by, the Secretary of a Department of the Australian Public Service;”;

“(da) Official Secretary to the Governor-General;”;

(c) by omitting “an accounting office” from the definition of “overseas authorizing officer” and substituting “a regional office”;

(d) by omitting “an accounting office” from the definition of “overseas certifying officer” and substituting “a regional office”;

(e) by omitting the definition of “Permanent Head”;

(f) by inserting after the definition of “receiver of public moneys” the following definition:

“ ‘regional office’ means an office of the Department of Finance established under regulation 3;”;

(g) by omitting the definition of “Secretary” and substituting the following definition:

“ ‘Secretary’, in relation to a Department, means

(a) where the Department is a Department of State or a Department of the Parliament- the person who, under the Public Service Act 1922,holds, or is performing the duties of, the office of Secretary of that Department;

(b) where the Department is a prescribed authority the staff of which consists of persons employed under the Public Service Act 1922—the person who has, under an Act, in relation to the branch or part of the Australian Public Service comprising the staff of the prescribed authority, the powers of, or exercisable by, the Secretary of a Department of the Australian Public Service so far as those powers relate to that branch or part of the Service;

(c) where the Department is a branch of the Australian Public Service referred to in paragraph (d) of the definition of “Department” the person who, in relation to that branch, has, under an Act, the powers of, or exercisable by, the Secretary of a Department of the Australian Public Service so far as those powers relate to that branch of that Service;

(d) where the Department is the Official Secretary to the Governor-General the person who holds, or is performing the duties of, the office of Official Secretary;

(e) where the Department is the Australian Security Intelligence Organization the person who holds, or is

 

performing the duties of, the office of Director-General of Security; or

(f) where the Department is the Australian Secret Intelligence Service—the person who holds, or is performing the duties of, the office of Director-General of the Australian Secret Intelligence Service;”; and

(h) by inserting “of the Department of Finance” after “Secretary” in the definition of “the Directions”.

Regional offices

4. Regulation 3 of the Principal Regulations is amended

(a) by omitting from paragraph (1) (a) “offices” and substituting “regional offices”; and

(b) by omitting from paragraph (1) (b) “office” (wherever occurring) and substituting “regional office”.

Appointment of chief accounting officer, &c., for regional office

5. Regulation 4 of the Principal Regulations is amended

(a) by inserting “of the Department of Finance” after “Secretary”; and

(b) by omitting “accounting office” (wherever occurring) and substituting “regional office”.

Arrangements for payment of money outside Australia

6. Regulations 20 of the Principal Regulations is amended

(a) by omitting from paragraph (1) (a) “an accounting office” and substituting “a regional office”;

(b) by omitting from paragraph (1) (a) “accounting office” (second occurring) and substituting “regional office”;

(c) by omitting sub-regulation (2); and

(d) by omitting sub-regulation (3).

Authorization, &c., in relation to cash payments, &c.

7. Regulation 28 of the Principal Regulations is amended

(a) by omitting from sub-regulation (1) “an accounting office” and substituting “a regional office”; and

(b) by omitting paragraph (3) (b) and substituting the following paragraph:

“(b) a person (who may be the same person as the first-mentioned person) appointed by the Minister

(i) for the purposes of this sub-regulation; or

(ii) for the purposes of paragraph 34 (2) (b) of the Act,

has certified that the payment may properly be made; and”.

 

Directions

8. Regulation 35 of the Principal Regulations is amended—

(a) by inserting in sub-regulation (1) “of the Department of Finance” after “Secretary”;

(b) by omitting from sub-regulation (2) “Permanent Head” and substituting “Secretary”;

(c) by omitting from sub-regulation (3) “Permanent Head” and substituting “Secretary”;

(d) by omitting from sub-regulation (3a) “Permanent Head” and substituting “Secretary”; and

(e) by omitting from sub-regulation (3a) “paragraph (e) or (f)” and substituting “paragraph (da), (c) or (f)”.

Delegation by Minister

9. Regulation 36 of the Principal Regulations is amended by inserting after sub-regulation (2) the following sub-regulation:

“(2a) A delegate is, in the exercise of a power so delegated, subject to the directions of the Minister”.

Delegation by Secretary of the Department of Finance

10. Regulation 37 of the Principal Regulations is amended

(a) by inserting in sub-regulation (1) “of the Department of Finance” after “Secretary”;

(b) by inserting in sub-regulation (2) “of the Department of Finance” after “Secretary”;

(c) by inserting after sub-regulation (2) the following sub-regulation:

“(2a) A delegate is, in the exercise of a power so delegated, subject to the directions of the Secretary of the Department of Finance.”; and

(d) by inserting in sub-regulation (3) “of the Department of Finance” after “Secretary”.

Delegation by Secretary

11. Regulation 38 of the Principal Regulations is amended

(a) by omitting from sub-regulation (1) “Permanent Head” and substituting “Secretary”;

(b) by omitting from sub-regulation (2) “Permanent Head of a Department” and substituting “Secretary”;

(c) by omitting from sub-regulation (2) “Permanent Head” (second occurring) and substituting “Secretary”;

(d) by inserting after sub-regulation (2) the following sub-regulation:

“(2a) A delegate is, in the exercise of a power so delegated, subject to the directions of the Secretary.”;

(e) by omitting from sub-regulation (3) “Permanent Head of a Department” and substituting “Secretary”; and

 

(f) by omitting from sub-regulation (3) “Permanent Head” (second occurring) and substituting “Secretary”.

Further amendments

12. The Principal Regulations are further amended as set out in the Schedule.

 

SCHEDULE Regulation 12

FURTHER AMENDMENTS

Regulation 5—

Omit “Permanent Head”, substitute “Secretary”.

Regulation 6—

Insert “of the Department of Finance” after “Secretary”.

Sub-regulation 8 (1)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Sub-regulation 9 (1)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Sub-regulation 9 (2)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “the accounting office” (wherever occurring), substitute “the regional office”.

(c) Insert “of the Department of Finance” after “Secretary”.

Sub-regulation 10 (1)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Paragraph 10 (3) (b)—

Insert “of the Department of Finance” after “Secretary”.

Sub-regulation 10 (4)—

(a) Insert “of the Department of Finance” after “Secretary” (wherever occurring).

(b) Omit “an accounting office”, substitute “a regional office”.

(c) Omit “accounting office” (second occurring), substitute “regional office”.

Paragraph 10 (5) (a)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Regulation 11—

Insert “of the Department of Finance” after “Secretary” (wherever occurring).

 

SCHEDULE—continued

Sub-regulation 12 (1)—

Omit “Permanent Head” (wherever occurring), substitute “Secretary”.

Sub-regulation 12 (2)—

Omit “Permanent Head of a Department”, substitute “Secretary”.

Sub-regulation 12 (3)—

(a) Omit “Permanent Head” (wherever occurring), substitute “Secretary”.

(b) Omit “an accounting office”, substitute “a regional office”.

(c) Insert “of the Department of Finance” after “Secretary”.

Regulation 15—

Omit “Permanent Head” (wherever occurring), substitute “Secretary”.

Regulation 16—

(a) Omit “an accounting office”, substitute “a regional office”,

(b) Omit “the accounting office” (wherever occurring), substitute “the regional office”.

Regulation 17—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Regulation 18—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Sub-paragraph 18 (b) (i)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Sub-regulation 19 (1)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Sub-regulation 21 (1)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Sub-regulation 21 (2)—

Omit “accounting office”, substitute “regional office”.

Sub-regulation 21 (3)—

Omit “accounting office” (wherever occurring), substitute “regional office”.

Sub-regulation 21 (5)—

Omit “accounting office” (wherever occurring), substitute “regional office”.

Sub-regulation 22 (2)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second occurring), substitute “regional office”.

 

SCHEDULE—continued

Paragraph 22 (3) (c)—

Omit “an accounting office”, substitute “a regional office”.

Regulation 23—

Omit “an accounting office”, substitute “a regional office.”.

Regulation 24—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Omit “accounting office” (second and third occurring), substitute “regional office”.

Regulation 25—

Omit “an accounting office”, substitute “a regional office”.

Sub-regulation 26 (2)—

Insert “of the Department of Finance” after “Secretary”.

Regulation 29—

(a) Omit “an accounting office” (wherever occurring), substitute “a regional office”.

(b) Insert “of the Department of Finance” after “Secretary” (wherever occurring).

Sub-regulation 30 (1)—

(a) Omit “an accounting office”, substitute “a regional office”,

(b) Omit “accounting office” (second occurring), substitute “regional office”.

Sub-regulation 30 (4)—

(a) Omit “an accounting office”, substitute “a regional office”.

(b) Insert “of the Department of Finance” after “Secretary”.

(c) Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 32 (1)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 32 (1a)—

Insert “of the Department of Finance” after “Secretary”.

Sub-regulation 33 (1)—

Omit “accounting office”, substitute “regional office”.

Sub-paragraph 33 (2) (b) (ii)—

Omit “Permanent I lead”, substitute “Secretary”.

Regulation 33a—

Insert “of the Department of Finance” after “Secretary” (wherever occurring).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 June 1985.

2. Statutory Rules 1980 No. 101 as amended by 1980 No. 235; 1981 Nos. 63 and 230; 1982 No. 209; 1983 No. 105; 1984 No. 432.

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