Finance Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 3331

 

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 5 December 1985.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

 

Interpretation

1. Regulation 4 of the Finance Regulations is amended by omitting “1901-1952” from the definition of the “the Act” in sub-regulation (1) and substituting “1901”

Receipts and payments of financial year

2. Regulation 6 of the Finance Regulations is amended by omitting “The” and substituting “the”.

Prescribed authorities

3. Regulation 6a of the Finance Regulations is amended by omitting “Commonwealth Legal Aid Commission”.

Particulars of Government property to be sold to be forwarded to Auditor-General

4. Regulation 32 of the Finance Regulations is amended by omitting “Minister” and substituting “Secretary of the Department of Finance”.

Issue of licences

5. Regulation 38 of the Finance Regulations is amended by omitting from sub-regulation (4) “Minister” and substituting “Secretary of the Department of Finance”.

 

S.R. 284/85—Cat. No.  12/18.10.1985

 

Numbering of licence and receipt forms

6. Regulation 40 of the Finance Regulations is amended by omitting “Minister” and substituting “Secretary of the Department of Finance”.

Requisition for supplies to be supported by certificate

7. Regulation 47 of the Finance Regulations is amended by inserting after sub-regulation (3) the following sub-regulation:

“(3a) a prescribed officer in relation to a Requisition for supplies shall not, for the purposes of sub-regulation (2), certify that there is sufficient appropriation to meet a payment that is to be made in respect of the supplies during the financial year that is current when the Requisition is prepared unless—

(a) moneys have been appropriated under a head of expenditure under which moneys may lawfully be expended during the current financial year that are sufficient to meet the payment and all other payments that have been met, or may reasonably be expected to be met during that financial year, from that head of expenditure;

(b) provision for such an appropriation has been included in a proposed law submitted to the Parliament; or

(c) moneys standing to the credit of the Trust Fund under the head to which expenditure in respect of the supplies is chargeable will, at such time as the payment is required to be made, be sufficient to pay the amount of the payment.”.

Approval of expenditure covered by Requisitions

8. Regulation 48 of the Finance Regulations is amended—

(a) by omitting “for approval” and substituting “, for approval of the proposed expenditure”; and

(b) by omitting from sub-paragraph 48 (a) (iii) “sub-paragraph (i) or (ii) does” and substituting “sub-paragraphs (i) and (ii) do”.

Orders for approved expenditure in respect of supplies

9. Regulation 52a of the Finance Regulations is amended—

(a) by omitting from sub-regulation (1) “Where” and substituting “Subject to sub-regulation (4), where”; and

(b) by adding at the end the following sub-regulation:

“(4) The Secretary of a Department may, in accordance with any directions given by the Secretary of the Department of Finance, determine in writing that this regulation shall not apply to the purchase of specified supplies, or to the purchase of supplies included in a specified class of supplies, for that first-mentioned Department and where such a determination has been made this regulation does not apply to the purchase of those supplies or supplies included in that class of supplies.”.

Petty cash expenditure

10. Regulation 60 of the Finance Regulations is amended by omitting from sub-regulation (2) “Minister” and substituting “Secretary of the Department of Finance”.

Repeal of regulation 66

11. Regulation 66 of the Finance Regulations is repealed.

Appropriation to which advances are to be charged

12. Regulation 75 of the Finance Regulations is amended—

(a) by omitting from paragraph (a) “(a) of sub-regulation (1) of the last preceding regulation” and substituting “74 (1) (a)”; and

(b) by omitting from paragraph (b) “(b) of that sub-regulation” and substituting “74 (1) (b)”.

Repeal of regulation 126

13. Regulation 126 of the Finance Regulations is repealed.

14. (1)Regulation 134 of the Finance Regulations is repealed and the following regulation substituted:

Delegation of Minister’s powers and functions

“134. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister delegate to an officer any of the Minister’s powers and functions under these Regulations, other than this power of delegation.

“(2) A power or function delegated under sub-regulation (1) shall be exercised or performed by the delegate in accordance with such directions as the Minister may give.

“(3) A power or function delegated under sub-regulation (1), when exercised or performed by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the Minister.

“(4) A delegation of a power or function under this regulation does not prevent the exercise of the power, or the performance of the function, by the Minister.”.

(2) An instrument of delegation in force immediately before the commencement of these Regulations under regulation 134 of the Finance Regulations continues in force after the commencement of these Regulations as if it had been made under regulation 134 of the Finance Regulations as amended by these Regulations.

 

15. The Finance Regulations are amended by inserting after regulation 134 the following regulation:

Delegation of powers and functions of Secretary of the Department of Finance

“135. (1) The Secretary of the Department of Finance may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to an officer any of the Secretary’s powers and functions under these Regulations, other than this power of delegation.

“(2) A power or function delegated under sub-regulation (1) shall be exercised or performed by the delegate in accordance with such directions as the Secretary of the Department of Finance may give.

“(3) A power or function delegated under sub-regulation (1), when exercised or performed by the delegate, shall, for the purposes of these Regulations, be deemed to have been exercised or performed by the Secretary of the Department of Finance.

“(4) A delegation of a power or function under this regulation does not prevent the exercise of the power, or the performance of the function, by the Secretary of the Department of Finance”.

Schedule

16. The Schedule to the Finance Regulations is amended by omitting Form 38.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 December 1985.

2. Statutory Rules 1942 No. 523 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 78 and see also Statutory Rules 1985 Nos. 78, 133 and 134.

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