Finance Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 142

 

Finance 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 28 June 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

 

Interpretation

1. Regulation 4 of the Finance Regulations is amended:

(a) by omitting paragraph (d) from the definition of “Department” in subregulation (1);

(b) by omitting paragraph (c) from the definition of “Secretary” in subregulation (1);

(c) by omitting from subregulation (1) the definition of “Certifying Officer” and substituting the following definition:

“ ‘Certifying Officer’ means a person appointed in writing by the Minister under paragraph 34 (2) (b) of the Act to indicate, in a manner approved in writing by the Minister, that a payment may properly be made;”.

2. Regulation 6a of the Finance Regulations is repealed and the following regulation substituted:

Prescribed authorities

“6a. (1) Each of the following bodies is declared to be a prescribed authority for the purposes of the Act:

 

(S.R. 393/88)—Cat. No. 14/8.6.1989

 

(a) Australian Bureau of Statistics;

(b) Australian Centre for International Agricultural Research;

(c) Australian Customs Service;

(d) Australian Electoral Commission;

(e) Australian Federal Police;

(f) Australian Industrial Registry;

(g) Australian Science and Technology Council;

(h) Automotive Industry Authority;

(i) Corporate Affairs Commission of the Australian Capital Territory;

(j) Industries Assistance Commission;

(k) Merit Protection and Review Agency;

(l) National Capital Planning Authority;

(m) National Crime Authority;

(n) Office of National Assessments;

(o) Office of Parliamentary Counsel;

(p) Office of the Director of Public Prosecutions;

(q) Prices Surveillance Authority;

(r) Textiles, Clothing and Footwear Development Authority;

(s) Trade Practices Commission.

“(2) For the purposes of the definition of ‘prescribed authority’ in subsection 2 (1) of the Act, each of the following branches of the Australian Public Service is prescribed, namely, each branch in relation to which the person who holds, or is performing the duties of, a relevant office has, under an Act, the powers of, or exercisable by, the Secretary of a Department of the Australian Public Service.

“(3) For the purposes of subregulation (2), each of the following offices is a relevant office:

(a) Auditor-General;

(b) Commissioner for Superannuation;

(c) Commissioner of Taxation;

(d) Commonwealth Ombudsman;

(e) Insurance and Superannuation Commissioner;

(f) President of the Inter-State Commission;

(g) Public Service Commissioner;

(h) Supervising Scientist for the Alligator Rivers Region.”.

3. Regulation 45 of the Finance Regulations is repealed and the following regulation substituted:

Responsibilities of Certifying Officers

“45. Before indicating, under paragraph 34 (2) (b) of the Act, that a payment may properly be made, a Certifying Officer shall, in respect of a claim for such payment (not being a claim for a payment included in a

 

class of payments that is a prescribed class of payments for the purposes of regulation 45a):

(a) ensure that the claim:

(i) is correct as to amount;

(ii) is for expenditure that has been duly approved;

(iii) is made out in the name of a person or authority to whom payment may be made in accordance with regulation 68;

(iv) has not previously been paid; and

(v) identifies the head of expenditure to which the amount is chargeable; and

(b) where the claim relates to any agreement or contract under which the claimant, in order to become entitled to payment, must comply with certain requirements—after having taken such steps as are reasonably practicable to establish compliance with those requirements, be satisfied that those requirements have been so complied with.”.

Indication by Certifying Officer in relation to a payment in a prescribed class

4. Regulation 45aof the Finance Regulations is amended:

(a) by omitting from subregulation (1) “give a certificate under subsection 34 (2) of the Act” and substituting “indicate under paragraph 34 (2) (b) of the Act that the payment may properly be made”;

(b) by omitting from subregulation (1) “he” and substituting “the Certifying Officer”;

(c) by omitting from paragraph (3) (b) “certified—” and substituting “indicated in writing, or in such other manner as is approved in writing by the Secretary:”;

(d) by omitting from paragraph (3) (d) “certified” and substituting “indicated in writing, or in such other manner as is approved in writing by the Secretary,”;

(e) by omitting from paragraph (3) (f) “in respect of supplies”.

Repeal of regulation 54

5. Regulation 54 of the Finance Regulations is repealed.

6. (1) Regulation 56 of the Finance Regulations is repealed and the following regulation substituted:

Claims for periodic or progress payments under contract

“56. An officer shall not submit a claim for a periodic or progress payment under a contract to a Certifying Officer for the Certifying Officer to indicate under paragraph 34 (2) (b) of the Act that the payment may properly be made unless the Secretary or an authorised officer has indicated

 

in writing, or in such other manner as is approved in writing by the Secretary:

(a) that the sum of:

(i) the amount payable in respect of that claim; and

(ii) the total amount in respect of which a Certifying Officer has previously indicated under paragraph 34 (2) (b) of the Act, in relation to the contract, that a payment may properly be made;

does not exceed the total amount to be paid under the contract; and

(b) that he or she is satisfied that the sum of the amounts referred to in subparagraphs (a) (i) and (ii) does not exceed the value of the supplies that have been executed, furnished or performed under the contract on the date to which the claim relates.”.

(2)Where a Certifying Officer has, before the commencement of these Regulations, certified under paragraph 34 (2) (b) of the Act, in relation to the contract, that a payment may properly be made, the Certifying Officer shall, for the purposes of regulation 56 of the Finance Regulations, as amended by these Regulations, be taken to have indicated under paragraph 34 (2) (b) of the Act, in relation to the contract, that the payment may properly be made.

Repeal of regulations 56a, 56aa and 56b

7. Regulations 56a, 56aa and 56bof the Finance Regulations are repealed.

Preparation of accounts for certain allowances

8. Regulation 59 of the Finance Regulations is amended by omitting subregulation (1).

Petty cash expenditure

9. Regulation 60 of the Finance Regulations is amended by omitting subregulation (1).

Refunds of revenue and payments from Trust Fund—duties of certain officers

10. Regulation 61 of the Finance Regulations is amended:

(a) by omitting subregulation (1) and substituting the following subregulation:

“(1) This regulation applies in relation to refunds of revenue and refunds from the Trust Fund.”;

(b) by omitting from subregulation (2) all the words after “Department of Finance requires” and substituting “the Receiver or Collector to comply with subregulation (3), indicate in writing, or in such other manner as is approved in writing by the Secretary, that the amount

 

to be refunded has been received and has been paid to the Receiver or to the Commonwealth Public Account, as the case may be.”;

(c) by omitting from subregulation (3) all the words after “claim and, if” and substituting “that officer is of the opinion that the amount is properly due for refund, shall indicate in writing, or in such other manner as is approved in writing by the Secretary, that the officer has examined the claim and that the amount is properly due for refund.”.

Repeal of regulations 63a, 64, 65, 71 and 77

11. Regulations 63a, 64, 65, 71 and 77 of the Finance Regulations are repealed.

Adjustment of advances

12. Regulation 78 of the Finance Regulations is amended:

(a) by adding at the end of paragraph (3) (e) “or”; and

(b) by omitting paragraph (3) (f).

Expenditure not to be authorised until Funds Allocation Authority obtained

13. Regulation 90 of the Finance Regulations is amended:

(a) by omitting from subregulation (1) “Warrant Authority” and substituting “Funds Allocation Authority”;

(b) by omitting from subregulation (4) “Warrant Authority” and substituting “Funds Allocation Authority”.

Repeal of regulations 94, 103 and 109

14. Regulations 94, 103 and 109 of the Finance Regulations are repealed.

Power of certain persons to give directions

15. Regulation 127aof the Finance Regulations is amended by omitting subregulation (3).

16. Regulation 131 of the Finance Regulations is repealed and the following regulation substituted:

Officers to keep instrument of appointment, etc.

“131. An officer appointed under the Act or these Regulations to perform duties connected with the receipt or payment of public moneys shall keep in his or her office a copy of the instrument of that appointment and shall obtain and keep in his or her office a copy of:

(a) those provisions of the Act;

(b) any directions given under section 16 of the Act;

(c) those provisions of these Regulations; and

 

(d) any directions given under regulation 127a of these Regulations;

that are relevant to the duties of his or her office and shall note on the relevant copy all amendments to those provisions and directions that are made from time to time.”.

Penalty may be imposed for breach of these Regulations

17. Regulation 133 of the Finance Regulations is amended by omitting “Ten dollars” and substituting “$500”.

Schedule

18. The Schedule to the Finance Regulations is amended by omitting Forms 12, 12a, 16, 17, 24, 26, 28, 28a, 28b and 28c.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1989

2. Statutory Rules 1942 No. 523 as amended to date. For previous amendments see Note 2 to Statutory Rules 1989 No. 19 and see also Statutory Rules 1989 Nos. 19 and 56.

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