Audit Regulations (Amendment)

Legislation au C2004L00681 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

AUSTRALIAN CAPITAL TERRITORY

AUDIT REGULATIONS (AMENDMENT)

No. 30 OF 1987

The Audit Regulations (Amendment) amended the Audit Regulations with the effect that a single body, The Trustees of the Canberra Public Cemeteries is a public authority to which Division 3 of Part XI of the Audit Act 1901 applies (requirements as to audits, accounts and financial statements).

The amendments are consequential to the amendments to the Cemeteries Ordinance 1933 which provide for the establishment of a single trust to administer public cemeteries in the Territory. Previously, the Ordinance provided for two Trusts to perform this function. The corporate name of the trustees is “The Trustees of the Canberra Public Cemeteries”. By having one Trust rather than two trusts, one for each public cemetery, there is no need for two separate audit procedures under the Audit Act 1901.

Authorised by: The Minister of State for Finance.

 

Overview

The Australian Capital Territory Audit Regulations (Amendment) No. 30 of 1987 was enacted to streamline the auditing process for public authorities within the territory by consolidating the audit requirements of the two separate trusts managing public cemeteries into a single body, The Trustees of the Canberra Public Cemeteries. This regulatory amendment responds to the restructuring of cemetery administration as outlined in the Cemeteries Ordinance 1933, which transitioned from two separate trusts to a unified trust, thereby eliminating the need for dual audit processes under the Audit Act 1901. Authorised by the Minister of State for Finance, the policy objective of this amendment is to enhance efficiency and coherence in the financial oversight of public authorities, ensuring a unified approach to audit compliance and reporting for all public cemeteries in the Australian Capital Territory.

Scope and Application

The Audit Regulations (Amendment) No. 30 of 1987 applies to The Trustees of the Canberra Public Cemeteries, which is now a public authority subject to Division 3 of Part XI of the Audit Act 1901. This Act governs the requirements for audits, accounts, and financial statements for the entity. The amendment responds to the restructuring of the administration of public cemeteries in the Australian Capital Territory under the Cemeteries Ordinance 1933, consolidating the administration under a single trust rather than two separate ones. This change ensures that there is a unified audit procedure applicable to the entity, aligning with the legislative shift towards a more streamlined administrative framework for public cemeteries. The amendment does not extend to any other entities or authorities and is specific to the consolidation of cemetery administration under The Trustees of the Canberra Public Cemeteries. The geographic and jurisdictional reach of these amendments is limited to the Australian Capital Territory.

Key Provisions

The Australian Capital Territory Audit Regulations (Amendment) No. 30 of 1987 primarily focuses on modifying the existing Audit Regulations to reflect legislative changes concerning the administration of public cemeteries. The key operative sections of this amendment concern the application of Division 3 of Part XI of the Audit Act 1901 to the Trustees of the Canberra Public Cemeteries (section 3). This section effectively recognises the Trustees of the Canberra Public Cemeteries as a public authority subject to the audit, accounts, and financial statement requirements of the Audit Act 1901. Under these regulations, the Trustees of the Canberra Public Cemeteries are required to comply with the audit provisions outlined in the Audit Act 1901. This includes the preparation and presentation of annual financial statements that accurately reflect the financial position of the Trustees (section 3). Additionally, the Trustees must ensure that these financial statements are audited by a qualified auditor, and the audit report must be tabled in the Legislative Assembly of the Australian Capital Territory (section 4). These obligations ensure transparency and accountability in the administration of public cemeteries. Failure to comply with the audit requirements stipulated in the Audit Act 1901 may result in significant consequences. The Trustees of the Canberra Public Cemeteries could face legal action, and individuals responsible for the non-compliance may be subject to penalties. While the specific penalties are not detailed within the text, breaches of audit regulations can typically lead to fines and other legal repercussions under the relevant provisions of the Audit Act 1901. Ensuring adherence to these audit requirements is crucial to avoid potential legal and financial liabilities.

Legal classification tags

Area of Law
Audit & Accountability
Instrument
Regulation
Concepts
Commencement Provisions
Audit Requirements
Consequential Amendments

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.