Finance Regulations (Amendment) (Cth)

Statutory Rules

1980 No. 114

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 Audit Act 1901.

Dated this  day of  1980.

Governor-General

By His Excellency’s Command,

Minister of State for Finance

 

AMENDMENTS OF THE FINANCE REGULATION S 

Interpretation

1. Regulation 4 of the Finance Regulations is amended by omitting from sub-regulation (1) the definition of “ Certifying Officer ” and substituting the following definition:

“ ‘ Certifying Officer ’ means a person appointed by the Minister under sub-section 34 (2) of the Act to certify that payments may properly be made;”.

2. Regulation 45 of the Finance Regulations is repealed and the following regulations substituted:

Responsibilities of Certifying Officers

“ 45. (1) A Certifying Officer shall ensure, in respect of a claim for the payment of an amount that is submitted to him for certifying tinder sub-section 34 (2) of the Act (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), that the claim—

(a) is correct as to amount;

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

* Notified in the Commonwealth of Australia Gazette on 1980.

  Statutory Rules 1942 No. 523 as amended by Statutory Rules 1943 No. 32; 1953 No. 3; 1959 No. 9; 1961 Nos. 77 and 122: 1964 No. 21; 1965 Nos. 32 and 169; 1960 No. 176; 1968 No. 87; 1972 No. 31; 1974 No 129; 1975 No. 156; 1976 Nos. 91 and 260; 1977 No. 111; and 1979 No. 282.

11502/80 Cat. No. —Recommended retail price 20c 11/3.4.1980

(c) is supported by all relevant vouchers or, where a relevant voucher is missing or defective, is supported by all other relevant vouchers (if any) and by a certificate given by the Permanent Head or an authorized officer certifying that it is not reasonably possible to obtain the missing voucher or a copy thereof or a voucher that is not defective (as the case may be) and, if the claim is for payment in respect of supplies, certifying, in addition—

(i) as to the date on which, or the period during which, the supplies were executed, furnished or performed, as the case may be; and

(ii) that the supplies are a reasonable and proper charge against the public funds;

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

(e) has not previously been paid;

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

(g) where the claim is for payment in respect of supplies—

(i) specifies, or is supported by a voucher that specifics, the date on which, or the period during which, the supplies were executed, furnished or performed, as the case may be, and the rate at which the supplies were so executed, furnished or performed; and

(ii) is supported by a certificate given by the Permanent Head or an authorized officer certifying that the requirements of the agreement relating to the supplies that are to be satisfied to entitle the claimant to payment have been satisfied.

“ (2) Where the Permanent Head or an authorized officer gives in respect of a claim for the payment of an amount, not being a claim for payment in respect of supplies, a certificate certifying that the claim is for expenditure that has been duly approved, the expenditure to which the claim relates shall be deemed, for the purposes of sub-regulation (1), to have been so approved.

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

“ 45a. (1) A Certifying Officer may, in respect of a payment included in a prescribed class of payments, give a certificate under subsection 34 (2) of the Act if, after the requirements prescribed by sub-regulation (2) in respect of a payment of that class, and any relevant directions given by the Minister under these Regulations, have been complied with, he has no reason to believe that the payment may not properly be made.

“ (2) A Certifying Officer shall ensure, in respect of a claim for a payment included in a prescribed class of payments, that the payment—

(a) is for expenditure that has been duly approved; and

(b) is supported by a claim that identifies the head of expenditure to which the payment is chargeable.

“ (3) For the purposes of this regulation, each of the following classes of payments is a prescribed class of payments:

(a) payments of salary (including payments in the nature of salary);

(b) payments in respect of which the Permanent Head or an authorized officer has certified—

(i) that the payments are based upon data prepared by a computer; and

(ii) that, in the preparation of that data, system controls and accounting procedures approved by the Minister have been employed;

(c) payments made by one Department to another Department;

(d) payments in satisfaction of claims in respect of which the Permanent Head or an authorized officer has certified that a method of sample checking approved by the Minister for the purposes of this paragraph has been employed.”.

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