Financial Management and Accountability Amendment Regulations 2004 (No. 3) (Cth)

Financial Management and Accountability Amendment Regulations 2004 (No. 3)1

Statutory Rules 2004 No. 3312

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Financial Management and Accountability Act 1997.

Dated 1 December 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

NICK MINCHIN

Minister for Finance and Administration

Contents

1Name of Regulations

These Regulations are the Financial Management and Accountability Amendment Regulations 2004 (No. 3).

2Commencement

These Regulations commence as follows:

1. (a)

   on the date of the notification of these Regulations in the Gazette — regulations 1, 2 and 3 and Schedule 1;

2. (b)

   on the commencement of Schedule 1 to the Trade Practices Amendment (Australian Energy Market) Act 2004 — Schedule 2.

3Amendment of Financial Management and Accountability Regulations 1997

Schedules 1 and 2 amend the Financial Management and Accountability Regulations 1997.

Schedule 1Amendments commencing on gazettal

(regulation 3)

[1]Regulation 4

omit

For

insert

1. (1)

   For

[2]Paragraph 4 (b)

substitute

1. (b)

   an officer, instructor or cadet in the Australian Army Cadets, the Australian Air Force Cadets or the Australian Navy Cadets is allocated to the Department of Defence; and

[3]Paragraph 4 (f)

omit

Cabinet.

insert

Cabinet; and

[4]After paragraph 4 (f)

1. (g)

   a person who performs a financial task in relation to a function of a prescribed Agency is allocated to that prescribed Agency.

[5]Regulation 4

insert

1. (2)

   In this regulation:

Australian Air Force Cadets means the body continued in existence by section 8 of the Air Force Act 1923.

Australian Army Cadets means the body continued in existence by section 62 of the Defence Act 1903.

Australian Navy Cadets means the body continued in existence by section 38 of the Naval Defence Act 1910.

[6]Subregulation 5 (1)

substitute

1. (1)

   For the definition of prescribed Agency in section 5 of the Act, a body, organisation or group mentioned in Schedule 1 is prescribed.

[7]Subparagraph 22 (b) (i)

omit

subparagraph (a) (i) or (ii), or (b) (i) or (ii),

insert

subparagraph (a) (i), (ii) or (iii), or (b) (i), (ii) or (iii),

[8]Schedule 1, Part 1, item 103

omit

AusAid,

insert

AusAID,

[9]Schedule 1, Part 1, paragraph 103 (a)

omit

AusAid; and

insert

AusAID; and

[10]Schedule 1, Part 1, item 111

omit everything after paragraph (a), insert

1. (b)

   AFP employees, special members and special protective service officers of the Australian Federal Police, within the meaning of that Act

[11]Schedule 1, Part 1, paragraph 114AA (b)

omit

the person

insert

persons

[12]Schedule 1, Part 1, after item 117A

insert

117AB

Biosecurity Australia, comprising: (a) the person occupying, or performing the duties of, the office within the Department of Agriculture, Fisheries and Forestry known as Chief Executive of Biosecurity Australia; and (b) the persons engaged under the Public Service Act 1999 who assist the Chief Executive

Chief Executive

[13]Schedule 1, Part 1, note C

omit

Schedule 2Amendments commencing on the commencement of Schedule 1 to the Trade Practices Amendment (Australian Energy Market)

Act 2004

(regulation 3)

[1]Schedule 1, Part 1, paragraph 108 (c)

omit

Act

insert

Act; and

[2]Schedule 1, Part 1, after paragraph 108 (c)

insert

(d)

a person taken to be a member, or an associate member, of the Australian Energy Regulator under section 8AB or 44AM of that Act; and

(e)

the persons made available to assist the Australian Energy Regulator under paragraph 44AAC (a) of that Act; and

(f)

consultants made available to assist the Australian Energy Regulator under paragraph 44AAC (b) of that Act

Notes

1. These Regulations amend Statutory Rules 1997 No. 328, as amended by 1998 Nos. 65, 112, 122, 261, 289 and 333; 1999 Nos. 44, 45, 107, 108 and 272; 2000 Nos. 20 (as amended by 2000 No. 145), 145, 200 and 224; 2001 Nos. 13 and 198; 2002 Nos. 74, 113, 211, 298 and 326; 2003 Nos. 105, 119 and 148; 2004 Nos. 57 and 310.

2. Notified in the Commonwealth of Australia Gazette on 1 December 2004.