Financial Management and Accountability Amendment Regulations 1999 (No. 1) (Cth)

Financial Management and Accountability Amendment Regulations 1999 (No. 1)

Statutory Rules 1999No. 44

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under theFinancial Management and Accountability Act 1997.

Dated 17 March 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

John Fahey

Minister for Finance and Administration

Financial Management and Accountability Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999No. 442

made under the

Financial Management and Accountability Act 1997

   

Contents

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1Name of regulations

 These regulations are the Financial Management and Accountability Amendment Regulations 1999 (No. 1).

2Commencement

 These regulations commence on gazettal.

3Amendment of Financial Management and Accountability Regulations 1997

 Schedule 1 amends the Financial Management and Accountability Regulations 1997.

Schedule 1Amendments

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Paragraph 5 (1) (a)

omit

 the Schedule

insert

 Schedule 1

[2]Regulation 9

before

 An approval

insert

 (1)

[3]Regulation 9

insert

• (2)

  Subregulation (1) does not apply to a proposal by an intelligence or security agency to spend operational money within the meaning of section 5 of the Act as modified in accordance with Schedule 2.

[4]After regulation 26

insert

27Modification of Act for intelligence or security agency (Act, s 58)

 The application of the Act to an intelligence or security agency is subject to the modifications set out in Schedule 2.

[5]After Schedule 1

insert

Schedule 2Modification of the Act in its application to an intelligence or security agency

(regulation 27)

• [1]

  Section 5

insert

operational money means public money:

• (a)

  that the Minister responsible for an Agency determines is needed to do things consistent with the Agency’s charter; and

• (b)

  that is not money needed for staff and general administrative expenditure.

• [2]

  Subsection 9 (2)

after

 account

insert

 , other than an account that is opened for the purpose of dealing with operational money,

• [3]

  Section 11

before

 An official

insert

 (1)

• [4]

  Section 11

insert

• (2)

  Subsection (1) does not apply to an official who deposits public money in an account other than an official account in accordance with instructions given by the Chief Executive of the official’s Agency.

• [5]

  Subection 49 (1)

omit

 the Finance Minister’s Orders

insert

 an agreement between the Finance Minister and the Minister responsible for the Agency

• [6]

  Subsection 49 (2)

omit

 Finance Minister’s Orders

insert

 agreement

• [7]

  Subsection 49 (2)

omit

 those Orders

insert

 the agreement

• [8]

  Subsection 49 (3)

omit

 Finance Minister’s Orders

insert

 agreement

• [9]

  Subsection 49 (3)

omit

 those Orders

insert

 the agreement

• [10]

  Subsection 49 (4)

omit

 Finance Minister’s Orders

insert

 the agreement

• [11]

  Paragraph 57 (2) (a)

omit

 Finance Minister’s Orders

insert

 an agreement between the Finance Minister and the Minister responsible for the Agency

• [12]

  Subsection 57 (3)

omit

 Finance Minister’s Orders

insert

 agreement

• [13]

  Subsection 57 (7)

after

 reports

insert

 (other than financial statements that have, or a report that has, details of operational money)

Notes

1. These regulations amend Statutory Rules 1997 No. 328, as amended by 1998 Nos. 65, 112, 122, 261, 289 and 333.

2. Made by the Governor-General on 17 March 1999, and notified in the Commonwealth of Australia Gazette