Finance Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 961

 

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 29 June 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Finance

 

Repeal

1. Regulations 8, 9, 11, 14, 15, 16, 19 and 22 of the Finance Regulations are repealed.

Certifying officer may give certificate in certain circumstances after certain requirements have been complied with

2. Regulation 45a of the Finance Regulations is amended by omitting paragraph (3) (a).

S.R.43/83 Cat. No. Recommended retail price 40c 11/1.3.1983

Requisitions for supplies

3. Regulation 46 of the Finance Regulations is amended—

(a) by omitting paragraph (1) (a) and substituting the following paragraph;

“(a) in the case of supplies that are to be obtained for the purposes of the Department by another Department and the appropriation for which is under the control of that other Department—in accordance with a form approved by the Minister of State administering that other Department; or”;

(b) by adding at the end of paragraph (2) (a) “and”;

(c) by omitting from sub-paragraph (2) (b) (iii) “and”;

(d) by omitting paragraph (2) (c); and

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

Requisition for supplies to be supported by certificate

4. Regulation 47 of the Finance Regulations is amended by omitting sub-regulation (4) and substituting the following sub-regulation:

“(4) In this regulation, ‘prescribed officer’, in relation to a Requisition for supplies, means the Permanent Head of the Department that controls the appropriation for the supplies or an authorized officer.”.

Approval of Requisitions

5. Regulation 48 of the Finance Regulations is amended—

(a) by omitting from sub-paragraph (a) (iii) “(a) or (b)” and substituting “(i) or (ii)”;and

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

“(b) in the case of a Requisition for supplies that are to be obtained by a Department for the purposes of another Department and the appropriation for which is under the control of the first-mentioned Department—to the Minister of State administering the first-mentioned Department or to an officer appointed by him for the purposes of this regulation; or”.

Publication of provisions of certain contracts

6. Regulation 53 of the Finance Regulations is amended—

(a) by inserting in paragraph (2) (a) “for a public purpose” after “established”; and

(b) by inserting in paragraph (2) (b) “for a public purpose” after “established”.

Officers to assist claimants in preparation of claims

7. Regulation 55 of the Finance Regulations is amended by omitting “All persons in the service of the Commonwealth or of an authority of the Commonwealth” and substituting “An officer”.

Repeal of regulation 67

8. Regulation 67 of the Finance Regulations is repealed.

9. Regulation 70 of the Finance Regulations is repealed and the following regulation substituted:

Officer not to act as agent for receipt of moneys payable by Commonwealth

“70. An officer shall not, without the approval in writing of the Minister, act as agent or attorney for the receipt of moneys payable by the Commonwealth to a person other than another officer.”.

Advances

10. Regulation 74 of the Finance Regulations is amended by omitting from sub-regulation (1) “Subject to regulation 67 of these Regulations, an Authorizing Officer” and substituting “An Authorizing Officer”.

11. After regulation 74 of the Finance Regulations the following regulation is inserted:

Purposes to which sub-section 36 (2) of the Act applies

“74a. Purposes of the following kinds are declared to be purposes to which sub-section 36 (2) of the Act applies:

(a) purposes for which the making of payments from petty cash are authorized;

(b) the settlement of amounts due in respect of—

(i) salary, wages or payments in the nature of salary or wages;

(ii) sustenance, living, meal, camping or other like allowances; or

(iii) travelling allowance or travelling expenses;

(c) the settlement of amounts authorized to be paid as an advance in respect of—

(i) salary, wages or payment in the nature of salary or wages;

(ii) sustenance, living, meal, camping or other like allowances; or

(iii) travelling allowance or travelling expenses.”.

Adjustment of advances

12. Regulation 78 of the Finance Regulations is amended—

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

“(a) in the case of an advance of a kind referred to in sub-paragraph 74 (1) (c) (i)—the period of 14 days immediately following the making of the advance;”;

(b) by omitting from paragraph (3) (b) “the last preceding paragraph” and substituting “sub-paragraph 74 (1) (c) (ii) or paragraph 74 (1) (e)”; and

(c) by omitting from paragraph (3) (c) “paragraph (a) of this sub-regulation” and substituting “sub-paragraph 74 (1) (c) (ii) or paragraph 74 (1) (e)”.

13. Regulation 94 of the Finance Regulations is omitted and the following regulation substituted:

Appointment of officers to secure prompt return of paid accounts

“94. The Permanent Head of a Department shall appoint officers who shall ensure that each claim on the Department for the payment of an amount is, after payment of the claim in accordance with regulation 103, returned promptly to the Authorizing Officer who authorized payment of the amount to which the claim relates.”.

14. After regulation 127a of the Finance Regulations the following regulation is inserted:

Disposal of unclaimed property

“127b. (1) Subject to sub-regulation (2), where property (other than moneys) found on premises, or in an aircraft, vessel, vehicle, container or receptacle, under the control of a Department is not claimed by the owner of the property within a period of 3 months from the date on which the property is found, the Commonwealth may dispose of that property.

“(2) The Commonwealth may, at any time, dispose of unclaimed—

(a) animals;

(b) perishable goods; or

(c) articles that are, or could be, dangerous or noxious,

found on premises or in an aircraft, vessel, vehicle, container or receptacle, under the control of a Department.

“(3) Except where it is impracticable, or undesirable in the public interest, to do so, the Commonwealth shall—

(a) dispose of any unclaimed property by sale; and

(b) pay the proceeds of the sale into the Consolidated Revenue Fund.

“(4) Where—

(a) the Commonwealth has disposed of any unclaimed property by sale; and

(b) the person who, immediately before the sale, was the owner of the property makes a claim on the Commonwealth in respect of the property,

the Commonwealth shall pay to that person an amount equal to the amount for which the property was sold less the amount (if any) necessarily expended by the Commonwealth in respect of the storage, maintenance or disposal of the property.

 

“(5) Upon the sale of any unclaimed property by the Commonwealth, any right in respect of the property vested in a person immediately before the sale shall cease to exist.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 6 July 1983.

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.

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