Finance Regulations (Amendment) (Cth)

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Rules1993No. 361 1

__________________

  

Finance Regulations 2(Amendment)

  

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

 

Dated 15 December 1993.

 

  BILL HAYDEN

 Governor-General

 

By His Excellency’s Command,

RALPH WILLIS

Minister for Finance

____________

1.   Amendment

1.1   The Finance Regulations are amended as set out in these Regulations.

 

[NOTE:

 These Regulations commence on Gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   Regulation 5a (Application of Regulations)

2.1   Subregulations 5a (4) and (5):

Omit the subregulations.

 

3.   Regulation 13 (Collectors to furnish “Nil” statements)

3.1   Omit the regulation.

  

4.   Regulation 30 (Statements of repayments)

4.1   Omit the regulation.

  

5.   Regulation 44b (Conditions for entering into commitments)

5.1   Paragraph 44b (e):

Omit “to those funds.”, substitute “of those funds.”.

  

6.   Regulation 78 (Adjustment of advances)

6.1   Subregulations 78 (1) and (2):

Omit the subregulations, substitute:

 “(1)

A person to whom an advance is made, unless that advance is a standing advance or an advance of a kind referred to in paragraphs 74 (1) (g), (i) or (j), must:

  • (a)

    give vouchers relating to any use of the advance, or part of the advance, to the Authorising Officer; and

  • (b)

    repay any unused portion of the advance to a Collector or Receiver;

within the prescribed period or a longer period allowed by the Secretary or an authorised officer.

 “(2)

An officer or employee to whom an advance for travelling allowances or expenses is made must:

  • (a)

    give to the Authorising Officer, in a manner approved by the Secretary or an authorised officer, an account relating to the journey for which the advance was made; and

  • (b)

    repay any unused portion of the advance to a Collector or Receiver;

within the prescribed period or a longer period allowed by the Secretary or an authorised officer.”.

  

6.2   Subregulations 78 (5) and (6):

Omit the subregulations.

  

7.   Regulation 80 (Reimbursement of standing advance)

7.1   Omit the regulation, substitute:

 

Reimbursement of standing advance

“80.

If a person to whom a standing advance has been made applies for reimbursement of the advance or part of the advance, he or she must give to the Authorising Officer:

  • (a)

    in a manner approved by the Secretary or an authorised officer, an account for reimbursement; and

  • (b)

    vouchers that acquit the advance or the part of the advance, as the case may be.”.

  

8.   Regulation 84 (Appropriation ledger)

8.1   Paragraph 84 (1) (d):

Omit “subject to the next succeeding sub-regulation,”.

 

8.2   Subregulation 84 (2):

Omit the subregulation, substitute:

“(2)

An Authorising Officer must not credit an amount to a head of expenditure unless that amount is either:

(a)

money received in repayment of expenditure; or

  • (b)

    a payment made for the purpose of adjusting expenditure;

referred to in section 36c of the Act.”.

  

9.   Regulation 107a (Arrangements for payment of salaries)

9.1   Omit the regulation.

 

10.   Regulation 120 (Cheques cashed to be paid to Public Account)

10.1   Omit the regulation, substitute:

 

Cheques cashed to be paid to Commonwealth Public Account

“120.

If a Paymaster cashes a cheque from his or her counter cash advance, he or she must promptly:

  • (a)

    pay the cheque to the Commonwealth Public Account; and

  • (b)

    give to the Authorising Officer, in a manner approved by the Secretary or an authorised officer, an account for reimbursement of the advance.”.

  

11.   Regulation 126b (Declarations for purposes of definitions of “officer” and “Secretary”)

11.1   Subregulation 126b (2):

Add at the end of the table:

 

“3

Persons who are:

 (a) engaged as consultants; or

 (b)  employed as staff of office-holders or of Senators or of Members of the House of Representatives;

under the Members of Parliament (Staff) Act 1984

Secretary to the Department of the Arts and Administrative Services”.

  

12.   Regulation 126c (Investigation of losses etc.)

12.1   Paragraph 126c (7) (a):

Omit “Conciliation and Arbitration Act 1904”, substitute “Industrial Relations Act 1988”.

  

13.   Regulation 127a (Power of certain persons to give directions)

13.1   Subregulation 127a (4a):

Omit the subregulation.

  

14.   Regulation 131a (Act, Regulations and directions to be accessible to certain officers)

14.1   Paragraph 131a (a):

Omit “paragraphs (a) to (f), inclusive, of sub-section (1) of section 71”, substitute “paragraphs 71 (1) (a) to (j), inclusive,”.

  

15.   Schedule (Forms)

16.1   Form 1:

Omit “Regulation 12”, substitute “Regulation 26”.

 

15.2   Form 6:

Omit the form.

  

NOTES

 

1. Notified in the Commonwealth of Australia Gazette on 23 December 1993.

 

2. Statutory Rules 1942 No. 523 as amended by 1943 No. 32; 1953 No. 3; 1959 No. 9; 1961 Nos. 77 and 122; 1964 No. 21; 1965 Nos. 32 and 169; 1966 No. 176; 1968 No. 87; 1972 No. 31; 1974 No. 129; 1975 No. 156; 1976 Nos. 91 and 260; 1977 No. 111; 1979 No. 282; 1980 Nos. 92, 102, 114, 115 and 234; 1981 No. 64; 1983 No. 96; 1984 Nos. 4, 127, 189, 209 and 431; 1985 Nos. 78, 133, 134 and 333; 1986 Nos. 36, 183 and 246; 1987 Nos. 168, 191 and 227; 1988 Nos. 80 and 206; 1989 Nos. 19, 56, 142, 221, 237 and 377; 1990 Nos. 118 and 381; 1991 No. 135; 1993 No. 92.

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