Finance (Overseas) Regulations (Amendment)

Overview

Statutory Rules 1981 No. 2301, titled "Finance (Overseas) Regulations (Amendment)", was enacted in 1981 by the Governor-General of the Commonwealth of Australia on the advice of the Federal Executive Council under the Audit Act 1901. This legislative instrument aimed to update and refine the administrative and financial regulations governing overseas operations of Australian government departments, specifically addressing the inclusion of the Australian Security Intelligence Organization and the Australian Secret Intelligence Service within the scope of the existing framework. By amending several regulations, this instrument sought to enhance the oversight and management of financial transactions and procurement processes for these intelligence agencies operating abroad, ensuring they are aligned with the broader objectives and standards of the Audit Act 1901.

Scope and Application

The Finance (Overseas) Regulations 1981 (Amendment) (Statutory Rules 1981 No. 230) amends the Finance (Overseas) Regulations under the Audit Act 1901, specifically to include the Australian Security Intelligence Organisation and the Australian Secret Intelligence Service within the definitions of "Department" and "Permanent Head". The amended regulations refine the responsibilities of the paymaster and cashier, request for procurement of supplies by overseas offices, transfer of advances, adjustments in respect of advances, review of advances, and directions for officers or employees within these departments. These regulations apply at the Commonwealth level, extending to entities such as the Australian Security Intelligence Organisation and the Australian Secret Intelligence Service. The amendment does not explicitly mention exclusions, exemptions, or thresholds, and it does not extend or restrict application through subordinate instruments. The jurisdictional reach of these regulations is limited to the Commonwealth of Australia, affecting specific government departments and their financial operations overseas.

Key Provisions

The main operative sections of these regulations include amendments to the definition of 'Department' under Regulation 2, where it is clarified to include the Australian Security Intelligence Organization and the Australian Secret Intelligence Service (Regulation 2(a)-(f)). Regulation 10 is amended to modify the reference to section 29(1) to 29(3) in the context of the responsibilities of the paymaster and cashier. Regulation 21 revises the procurement process for supplies by overseas offices by changing the reference from section 29(1) to 29(3) and adjusting the payment of claims. Regulation 30 and 32 also update references from section 29(1) to 29(3) in the transfer and adjustment of advances. Regulation 33 modifies the review of advances by replacing section 29(1) with 29(3). Finally, Regulation 35 introduces a new sub-regulation (3a) to allow the Permanent Head of specified departments to issue directions concerning matters listed in subsection 63(1) of the Act. The obligations and requirements imposed by these regulations on the parties or entities they govern primarily involve the updating of references and the inclusion of the Australian Security Intelligence Organization and the Australian Secret Intelligence Service within the scope of the Finance (Overseas) Regulations. The paymaster and cashier must now adhere to the updated references to section 29(3) rather than 29(1) when managing financial responsibilities. Officers and employees within the specified departments must comply with the new directives issued by the Permanent Head under the amended sub-regulation (3a). These changes ensure that the updated definitions and references are properly integrated into the existing framework of the regulations, thereby maintaining consistency and clarity in their application. In terms of offences, penalties, or civil/criminal consequences for breach, the regulations themselves do not explicitly state any specific penalties. However, given that these regulations are made under the Audit Act 1901, any breach of these provisions could potentially lead to legal consequences as defined under the principal Act. Such consequences might include financial penalties, administrative sanctions, or legal action for non-compliance with the financial oversight and management requirements stipulated within the Audit Act 1901. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the overarching legislation.