Finance Regulations (Amendment) (Cth)

Statutory Rules 1985 No. 1341

 

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 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 Regulations.

Commencement

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

Interpretation

3. Regulation 4 of the Principal Regulations is amended—

(a) by omitting from sub-regulation (1) the definition of “Accounting Office”;

(b) by omitting paragraph (d) of the definition of “Department” in sub-regulation (1) and substituting the following paragraphs:

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

(i) Auditor-General;

(S.R. 23/85) Cat. No. Recommended retail price 60c  11/3.6.1985

 

(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 from sub-regulation (1) the definition of “Permanent Head”;

(d) by inserting after the definition of “Receiver” in sub-regulation (1) the following definitions:

“ ‘Regional Office’ means an office established under regulation 123;

‘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 Australia Public Service so far as those powers relate to that branch or part of that 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;”;

(e) by omitting from sub-regulation (1) the definition of “the Secretary”;

 

(f) by omitting from sub-regulation (2) “the Secretary” (wherever occurring) and substituting “the Secretary of the Department of Finance”;

(g) by omitting from sub-regulation (4) “Permanent Head” (wherever occurring) and substituting “Secretary”; and

(h) by omitting from sub-regulation (5) “Permanent Head” and substituting “Secretary”.

Prescribed authorities

4. Regulation 6a of the Principal Regulations is amended—

(a) by omitting—

“Australian Electoral Office”

and substituting—

“Australian Centre for International Agricultural Research

Australian Electoral Commission”; and

(b) by inserting—

“Office of the Director of Public Prosecutions”

after

“Office of National Assessments”.

Duplicate receipt

5. Regulation 41 of the Principal Regulations is amended—

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

(b) by omitting sub-regulation (2).

Repeal of regulation 44

6. Regulation 44 of the Principal Regulations is repealed.

Preparation of accounts for refunds of revenue and payments from Trust Fund

7. Regulation 61 of the Principal Regulations is amended—

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

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

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

(d) by omitting sub-regulation (4).

Procedure following authorization

8. Regulation 71 of the Principal Regulations is amended—

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

(b) by omitting sub-regulation (2).

Advances

9. Regulation 74 of the Principal Regulations is amended—

(a) by inserting in paragraph (1) (j) “of the Department of Finance” after “Secretary”;

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

(c) by inserting in paragraph (4) (b) “of the Department of Finance” after “Secretary”; and

(d) by omitting sub-regulation (5).

Appropriation ledger

10. Regulation 84 of the Principal Regulations is amended—

(a) by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) If the Secretary of the Department of Finance requires the Secretary so to do, the Secretary shall cause to be submitted to the Secretary of the Department of Finance particulars of the arrangements followed, or proposed to be followed in maintaining a particular appropriation ledger.”;

(b) by inserting in sub-regulation (4) “of the Department of Finance” after “Secretary”;

(c) by inserting in sub-regulation (5) “of the Department of Finance” after “Secretary”; and

(d) by omitting sub-regulation (6).

Method of drawing cheques

11. Regulation 109 of the Principal Regulations is amended—

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

(b) by omitting sub-regulation (2).

Division heading

12. The heading to Division 4 of Part III of the Principal Regulations is repealed and the following heading is substituted:

“Division 4—Regional Offices”

Establishment of Regional Offices

13. Regulation 123 of the Principal Regulations is amended by inserting “regional” after “establish”.

Power of certain persons to give directions

14. Regulation 127a 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), (e) or (f)”.

Further amendments

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

 

SCHEDULE Regulation 15

FURTHER AMENDMENTS

Sub-regulation 5a (2)—

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

Regulation 23—

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

Regulation 26—

Omit “Accounting Office”, substitute “Regional Office”.

Regulation 27—

Omit “Accounting Office” (wherever occurring), substitute “Regional Office”.

Sub-regulation 28 (2)—

Omit “Accounting Office”, substitute “Regional Office”.

Sub-regulation 39 (2)—

Omit “Permanent Head”, substitute “Secretary”.

Paragraph 45 (1) (c)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-paragraph 45 (1) (g) (ii)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 45 (2)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 45a (3)—

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

SCHEDULE—continued

Sub-regulation 46 (3)—

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

Sub-regulation 47 (4)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 52aa (2)—

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

Sub-regulation 52aa (4)—

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

Sub-regulation 52a (1)—

Omit “Permanent Head”, substitute “Secretary”.

Regulation 53—

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

Sub-regulation 53 (3)—

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

Regulation 56—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 56aa (1)—

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

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

Paragraph 56aa (1) (a)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 56b (1)—

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

(b) Omit “Permanent Head” (second and third occurring), substitute “Secretary”.

Sub-regulation 56b (2)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 60 (2)—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 68 (1)—

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

Sub-regulation 68 (3)—

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

Regulation 73—

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

(b) Omit “Accounting Office”, substitute “Regional Office”.

 

SCHEDULE—continued

Regulation 78—

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

Regulation 85—

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

Sub-regulation 86 (1)—

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

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

Sub-regulation 90 (1)—

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

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

Sub-regulation 93 (2)—

Omit “Permanent Head”, substitute “Secretary”.

Regulation 94—

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

Regulation 98—

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

Sub-regulation 99 (1)—

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

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

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

Sub-regulation 99 (2)—

(a) Omit “Permanent Head of a Department”, substitute “Secretary”,

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

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

Regulation 101—

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

Regulation 104—

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

Sub-regulation 107a (1)—

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

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

Sub-regulation 107a (2)—

Omit “Permanent Head”, substitute “Secretary”.

Regulation 110—

Omit “Permanent Head”, substitute “Secretary”.

Sub-regulation 111 (2)—

Omit “Permanent Head”, substitute “Secretary”.

 

Regulation 126—

Omit “Accounting Office”, substitute “Regional Office”.

Regulation 128—

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

Regulation 129—

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

Regulation 130—

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

Regulation 131a—

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

Schedule, Form 1—

Omit “Accounting Office”, substitute “Regional Office”.

Schedule, Form 3—

Omit “Accounting Office”, substitute “Regional Office”.

Schedule, Form 7—

Omit “Permanent Head”, substitute “Secretary”.

Schedule, Form 13—

Omit “Head of Department”, substitute “Secretary of the Department”.

Schedule, Form 16—

Omit “Permanent Head”, substitute “Secretary”.

Schedule, Form 17—

Omit “Permanent Head”, substitute “Secretary”.

Schedule, Form 28—

Omit “Permanent Head”, substitute “Secretary”.

Schedule, Form 28a—

Omit “Accounting Office”, substitute “Regional Office”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 June 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 and 133.

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