Finance Regulations (Amendment) (Cth)
REGULATIONS UNDER THE AUDIT ACT 1901*
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
Dated this day of 1980.
Governor-General
By His Excellency’s Command,
Minister of State for Finance
_________
AMENDMENTS OF THE FINANCE REGULATIONS
1. These Regulations shall come into operation on 1 July 1980.
2. Regulation 4 of the Finance Regulations is amended—(a) by omitting from sub-regulation (1) the definition of “ Chief Officer ”;
(b) by inserting after the definition of “ Collector ” in sub-regulation (1) the following definition:
“ ‘ Department ’ means—
(a) a Department of State;
(b) a Department of the Parliament;
(c) a prescribed authority the staff of which consists of persons employed under the
Public Service Act 1922; or(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;
(ii) Commissioner of Taxation;
* Notified in the
Statutory Rules 1942 No. 523 as amended by Statutory Rules 1943 No. 32; 1953 No. 3; 1959 No. 9; 1961 Nos. 77 and 1962; 196; No. 21; 1965 Nos. 32 and 169; 1966 No. 176; 1968 No. 87; 1972 No. 31; 1974 No. 129; 1975 No. 156; 197$Nos. 91 and 260; 1977 No. 111; and 1979 No. 282.
10697/80 Cat. No. - Recommended retail price 40c 11/16.4.1980
(iii) Commonwealth Ombudsman; or
(iv) Supervising Scientist for the Alligator Rivers Region,
has, under an Act, the powers of, or exercisable by, the Permanent Head of a Department of the Australian Public Service;”;
(c) by inserting after the definition of “ licence ” in sub-regulation (1) the following definition:
“ ‘ Permanent Head ’, 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 Permanent Head 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 Permanent Head of a Department of the Australian Public Service so far as those powers relate to that branch or part of that Service; or(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 Permanent Head of a Department of the Australian Public Service so far as those powers relate to that branch of that Service;”;
(d) by omitting from sub-regulation (1) the definition of “ The Commonwealth Public Account ”; and
(e) by adding at the end thereof the following sub-regulations:
“ (4) A reference in a provision of these Regulations to the Permanent Head shall, in the application of that provision to, or in relation to, matters arising in a Department, be read as a reference to the Permanent Head of that Department.
“ (5) A reference in a provision or part of a provision of these Regulations to an authorized officer shall, in the application of that provision or part of a provision to, or in relation to, matters arising in a Department, be read as a reference to an officer who is authorized for the purposes of that provision or part of a provision
1 by the Permanent Head of that Department.”.
3 . Regulation 5aa of the Finance Regulations is repealed.
4. Regulation 5b of the Finance Regulations is repealed.
5. After regulation 6 of the Finance Regulations the following regulation is inserted in Part I:
“ 6a. Each of the following bodies is declared to be a prescribed authority for the purposes of the Act:
Australian Bureau of Statistics
Australian Science and Technology Council
Commonwealth Legal Aid Commission
Industrial Relations Bureau
Industries Assistance Commission
Office of National Assessments
Public Service Board
Schools Commission
Tertiary Education Commission
Trade Practices Commission.”.
(a) by omitting from sub-regulation (3) “ Chief Accounting Officer ” and substituting “ Permanent Head of a Department or an officer authorized by him for the purposes of this sub-regulation ”; and
(b) by inserting in sub-regulation (1) “ a person who so appoints an officer for that purpose ” after “ and ”.
(a) by omitting from sub-regulation (2) “ Chief Accounting Officer ” and substituting “ Permanent Head or an authorized officer ”; and
(b) by omitting from sub-regulation (3) “ Chief Accounting Officer ” and substituting “ Permanent Head or an authorized officer ”.
(a) by omitting from sub-regulation (1) “ Chief Accounting Officer ” and substituting “ Permanent Head of a Department ”; and
(b) by omitting from sub-regulation (2) “ A record shall be kept by each Chief Accounting Officer ” and substituting “ The Permanent Head of a Department shall cause to be kept a record ”.
(a) by omitting from sub-regulation (1) “ Chief Officer ” and substituting “ Permanent Head ”;
(b) by omitting from paragraph (d) of sub-regulation (2) “ Chief Officer ” and substituting “ Permanent Head ”;
(c) by omitting from sub-regulation (3) “ Chief Officer ” (wherever occurring) and substituting “ Permanent Head ”; and
(d) by adding at the end thereof the following sub-regulation:
“ (5) A reference in paragraph (2) (d) or sub-regulation (3) to the Permanent Head shall be read as including a reference to an authorized officer.”.
“ 56. An officer shall not submit a claim for a periodic or progress payment under a contract to a Certifying Officer for certifying under sub-section 34 (2) of the Act unless the Permanent Head or an authorized officer has certified that the sum of—
(a) the amount payable in respect of the claim; and
(b) the total amount payable under the contract in respect of which certificates have previously been given under that sub-section,
does not exceed the total amount to be paid under the contract or the value of the supplies that have been executed, furnished or performed under the contract on the date to which the claim relates.”.
(a) by omitting from sub-regulation (1) “ A Chief Officer, or an officer authorized by him to act under this regulation,” and substituting “ The Permanent Head of a Department or, where the Permanent Head authorizes an officer for the purposes of this sub-regulation, that officer ”; and
(b) by omitting from paragraph (a) of sub-regulation (1) “ Chief Officer ” and substituting “ Permanent Head ”.
(a) by omitting from sub-regulation (1) “ A Chief Officer, or an officer authorized by him to act under this regulation,” and substituting “ The Permanent Head of a Department or, where the Permanent Head authorizes an officer for the purposes of this sub-regulation, that officer ”;
(b) by omitting from sub-regulation (1) “ the Chief Officer ” and substituting “ the Permanent Head ”; and
(c) by omitting from sub-regulation (2) “ Chief Officer or the officer so authorized by him ” and substituting “ Permanent Head or authorized officer, as the case may be,”.
(a) by omitting from sub-regulation (1) “ the appropriate Chief Officer ” and substituting “ an authorized officer ”;
(b) by omitting from sub-regulation (2) “ the appropriate Chief Officer ” and substituting “ an authorized officer ”;
(c) by omitting from sub-regulation (3) “ The appropriate Chief Officer ” and substituting “ The authorized officer ”; and
(d) by omitting from sub-regulation (4) the definition of “ the appropriate Chief Officer ”.
“ 98. The Permanent Head of a Department shall cause the public moneys field by, and the accounts of, each accounting officer under his control to be examined from time to time in order to ensure that public moneys collected or received by the accounting officer—
(a) are held by the accounting officer; or
(b) have properly been paid by the accounting officer to another person or to the credit of a bank account.”.
(a) by omitting from sub-regulation (1) “ The Chief Accounting Officer for a Department or an officer authorized by him for the purposes of this regulation ” and substituting “ The Permanent Head of a Department or, where the Permanent Head authorizes an officer for the purposes of this regulation, that officer ”; and
(b) by omitting from sub-regulation (2) “ The Chief Accounting Officer for a Department or an officer authorized by him for the purposes of this regulation ” and substituting “ The Permanent Head of a Department or, where the Permanent Head authorizes an officer for the purposes of this regulation, that officer ”.
(a) by omitting from sub-regulation (1) “ Chief Officer” and substituting “ Permanent Head of a Department or, where the Permanent Head authorizes an officer for the purposes of this sub-regulation, that officer ”; and
(b) by omitting from sub-regulation (2) “ Chief Officer ” and substituting “ Permanent Head or authorized officer, as the case may be,”.
“ 116. (1) Subject to sub-regulation (2), an accounting officer shall, at the time of paying an amount, obtain a receipt for the amount from the person to whom the amount is payable or from a person authorized in writing by that person to give such a receipt.
“ (2) Sub-regulation (1) does not apply where—
(a) an accounting officer pays an amount by means of a cheque that—
(i) is crossed;
(ii) is made payable to order; and
(iii) is marked ‘ Not Negotiable ’; or
(b) an accounting officer, in the presence of another accounting officer, pays in cash—
(i) an amount of salary; or
(ii) an amount in the nature of salary,
and those officers give, in respect of that payment, a certificate in accordance with Form 15.”.
“ 127a. (1) The Minister or the Secretary may give to officers, or to any other persons who are subject to the provisions of the Act, directions for or in relation to any of the matters referred to in paragraphs 71 (1) (a) to (g) (inclusive) of the Act.
“ (2) The Permanent Head of a Department referred to in paragraph (a), (b) or (c) of the definition of ‘ Department ’ in sub-regulation 4 (1) may give to officers of, or persons employed in, that Department directions for or in relation to any of the matters referred to in paragraphs 71 (1 ) (a) to (g) (inclusive) of the Act.
“ (3) The Permanent Head of a Department referred to in paragraph (d) of the definition of ‘ Department ’ in sub-regulation 4 (1) may give to persons employed in the branch of the Australian Public Service in relation to which that person has, under an Act, the powers of, or exercisable by, the Permanent Head of a Department of the Australian Public Service directions for or in relation to any of the matters referred to in paragraphs 71 (1) (a) to (g) (inclusive) of the Act.
“ (4) Where, by virtue of a direction or approval given or a determination or requirement made under a provision of these Regulations, that provision does not apply in the circumstances specified in the direction, approval, determination or requirement, as the case may be, the power conferred by sub-regulation (1), (2) or (3) extends to the giving of directions for and in relation to the matter dealt with by that provision in the circumstances so specified.
“ (5) A contravention of, or failure to comply with, a direction given under this regulation shall be deemed to be a contravention of these Regulations.”.
(a) by omitting “ A Chief Officer ” and substituting “ The Permanent Head of a Department ”; and
(b) by omitting from paragraph (b) “ produce those copies ” and substituting “ cause those copies to be produced ”.
(a) by omitting from Form 7 “ Chief Officer orAuthorized Officer ” and substituting “ Permanent Head ”;
(b) by omitting from Form 12:
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“ Icertify the correctness of this account for the purposes of sub-section (5) of section 34 of the
Audit Act 1901-1969
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I certify that this account is correct within the meaning of section 34 of the
Audit Act 1901-1969.
(c) by omitting from Form 12a:
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“ I certify the correctness of this account for the
purposes of sub-section (5,) of section 34 of the
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I certify that this account is correct within the meaning of section 34 of the
Audit Act 1901-1969.
(d) by omitting Form 15 and substituting the following form:
Form 15 Regulation 116
COMMONWEALTH OF AUSTRALIA
CERTIFICATE AS TO THE PAYMENT OF SALARIES
NAME | Identity Number | Amount Paid | We certify that the several persons whose names appear on this pay sheet have this day been duly paid in our presence with the exception of those persons whose names and amounts are shown below: | ||||
$ | c | ||||||
$ | c | ||||||
Paying Officer: | |||||||
Witnessing Officer: | |||||||
TOTAL— | dollars | cents | Date....................................................................................................................................................................................... | ||||
(e) by omitting from Form 16 “
Chief Officer ” and substituting “authorized officer ”;
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(f) by omitting from Form 17:
“ I certify that this account is correct within the meaning of section 34 of the
Audit Act 1901-1969(g) by omitting from Form 17 “ Chief Accounting Officer ” and substituting “ Permanent Head ”; and
(h) by omitting from Form 28 “
Chief Officer ” and substituting “Permanent Head or authorized officer ”.
“ authorized officer ” means an officer who is authorized by the Permanent Head of a Department for the purposes of a provision, or the part of a provision, of the Finance Regulations;
“ Chief Officer ” and “ Chief Accounting Officer ” have the same respective meanings as in the Finance Regulations as in force immediately before the commencing day;
“ commencing day ” means the day on which these Regulations come into operation;
“ Permanent Head of a Department ” has the same meaning that that expression would have if this regulation were a provision of the Finance Regulations as in force upon the commencing day.
(2) In this regulation—
(a) a reference to a prescribed provision of the Finance Regulations shall be read as a reference to sub-regulation 20 (1), regulation 23, sub-regulations 42 (2) or (3), 43 (1), 52a (1), 56aa (1), 56b (1) or (2), 60 (2), 61 (3), 79(1), (2) or (3) or 93 (2), regulation 99, 107a or 110 or sub-regulation 111 (2) of those Regulations as in force immediately before the commencing day; and
(b) a reference to taking any action shall be read as a reference to doing any act or thing.
(3) Where—
(a) before the commencing day, a Chief Officer or Chief Accounting Officer took any action in pursuance of a power or function exercisable by him under a prescribed provision of the Finance Regulations;
(b) on that day the power to take, or the function of taking, such action under that provision becomes exercisable by the Permanent Head of a Department or an authorized
officer instead of the Chief Officer or Chief Accounting Officer, as the case may be; and
(c) the action taken by the Chief Officer or Chief Accounting Officer would, but for that power or function having ceased to be exercisable by him, have had consequences or effects on or after that day,
then, subject to any action taken on or after that day by the Permanent Head of a Department or an authorized officer in pursuance of the relevant power or function, the action taken by the Chief Officer or Chief Accounting Officer, as the case may be, before that day shall have, and shall be deemed to have had, such consequences or effects on and after that day as it would have, or would have had, if it were taken by the Permanent Head of a Department or authorized officer.
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