Treasury Regulations (Amendment) (Cth)

STATUTORY RULES.

1937. No. 39.

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REGULATIONS UNDER THE AUDIT ACT 1901–1934.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Audit Act 1901-1934.

Dated this twenty-first day of April, 1937.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Acting Treasurer.

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Amendment of Treasury Regulations. 

Responsibilities of Certifying Officers.

1. Regulation 51 of the Treasury Regulations is amended—

(a)by omitting paragraphs (e) and (f); and

(b) by adding at the end thereof the following sub-regulations:—

“(2) Accounts shall, whenever so required by the certifying officer, be signed opposite to the total amount claimed by the claimant or, in the case of a claimant who is unable to write, be marked with the mark of the claimant and witnessed.

“(3) A certifying officer shall require an account to be signed if there is any doubt as to whether the claimant is the person who rendered the service or supplied the goods to which the account relates, or where it is necessary to obtain a signature for the purpose of comparison with any subsequent signature.”

2. Regulation 57 of the Treasury Regulations is repealed and the following regulation inserted in its stead:—

Preparation of accounts for refunds of revenue and payments from Trust Fund.

“57.—(1.) Every account for refund of revenue (other than Customs refunds and drawbacks) or for payment from the Trust Fund, the amount of which can be identified with a particular credit in the Receiver’s Cash Book, shall—

(a) be prepared in accordance with Form 17;

(b) give reference to that credit; and

(c) bear a certificate that the money has been paid to the Commonwealth Public Account.

(2.) The Receiver shall make a note against the original entry in his cash book that the certificate referred to in paragraph (c) of the last preceding sub-regulation has been given.

 

* Notified in the Commonwealth Gazette on  , 1937.

  Statutory Rules 1927, No. 158, as amended by Statutory Rules 1928, Nos. 38, 46 and 96; 1929, Nos. 31, 68, 104 and 135; 1930, No. 87; 1932, Nos. 45, 81 and 111; 1933, No. 78; and 1935, No. 97.

5825.—6/7.4.1937.—Price 3d.

(3.) Where such money was received by a Collector, a certificate shall be given by the Collector as to its receipt and payment to the Receiver.

(4.) The Collector shall make a note against the original entry in his cash book that the certificate referred to in the last preceding sub-regulation has been given.

(5.) Where the amount to be refunded cannot be identified with a particular credit in the Receiver’s Cash Book—

(a) acertificate shall be given by an officer appointed by the Chief Officer that he has examined the claim and that the amount is properly due for refund; and

(b)a note shall be made against the original entry in any record subsidiary to the Receiver’s Cash Book that the prescribed certificate has been given.”.

Application for transfers under section thirty-seven of the Audit Act.

3. Regulation 87 of the Treasury Regulations is amended by inserting in sub-regulation (1.) after the word “Act” the words “, not being a transfer initiated in the Department of the Treasury,”.

4. After regulation 103 of the Treasury Regulations the following regulation is inserted:—

Receipts given in foreign country.

“103a. Where an accounting officer in a foreign country makes payment of any account, the accounting officer and the next senior officer on his staff (if any) shall examine the receipt for that payment and certify thereon as to its correctness and as to its being in accordance with the law applicable thereto in force in that country.”.

Persons to whom accounts may be paid.

5. Regulation 111 of the Treasury Regulations is amended—

(a) by inserting in paragraph (c), after the word “salaries”, the words “, wages or allowances”; and

(b)by inserting in that paragraph, after the word “salary”, the words “, wages or allowance”.

The Schedule.

6.The Schedule to the Treasury Regulations is amended—

(a) by omitting from Form 17 the following certificate:—

“Certificate of the Receiver of Public Moneys.

Refund Account No.

I certify that the sum of £  was received at this office on the day of  , 19  , and was included in an amount of £  paid to the Commonwealth Public Account on that date.

Receiver of Public Moneys

at

Date

  /  /  .”,

and inserting in its stead the following certificates:—

“Certificate of the Receiver of Public Moneys to be Given where the Amount to be Refunded can be Identified with a Particular Credit in the Receiver’s Cash Book.

I certify that the sum of £  was received at this office on the day of  , 19  , and was included in an amount of £ paid to the Commonwealth Public Account on that date.

Receiver of Public Moneys

at

Date

  /  /  .

“Certificate to be Given by an Officer Appointed by the Chief Officer where the Amount to be Refunded cannot be Identified with a Particular Credit in the Receiver’s Cash Book.

I certify that I have examined this claim and that the sum of £  is properly due for refund.

for Chief Officer.

Date

  /  /  .”; and

(b) by omitting Form 34 and inserting in its stead the following Form:—

“Form 34. Regulation 111.

Commonwealth of Australia.

Order No. 3.

ORDER TO PAY AGENT.

19

  .

Signature of person or firm to whom Order is given.

To the

at

Sir,

I request that you will pay to my  agent

(whose signature appears in the margin), or, on his indorsement to the person producing this order, the sum of   pounds  shillings and  pence, being the amount of my account for

Signature of Claimant.

Received on the  , 19  , from 

the sum of  pounds  shillings and  pence, in full payment of the above-mentioned account.

Witness to the payment and signature.

 

N.B.—This Order shall not be accepted by a creditor in settlement of any debt due by the claimant.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.