EXPLANATORY STATEMENT
STATUTORY RULES NO. 135 OF 1985
ISSUED BY THE AUTHORITY OF THE MINISTER FOR FINANCE
The attached Statutory Rules, which came into operation on 1 July 1985, amend the Finance (Overseas) Regulations which were made pursuant to section 71 of the Audit Act 1901.
Details of the amendments are as follows:-
“Permanent Head”
The Public Service Reform Act 1984 amended references in legislation from “Permanent Head” to “Secretary”. The Statutory Rules amended various Finance Regulations to reflect this change by substituting “Secretary” for “Permanent Head” wherever the latter term occurred.
“Accounting Office”
The term “Accounting Office” was used in various Regulations to describe offices established by the Minister for Finance pursuant to regulation 123. Since the term “Regional Office” is now in general use to refer to such offices, the Statutory Rules replaced “Accounting Office”, wherever appearing, with “Regional Office”.
Regulation 2
This regulation has been amended to give effect to the changes in terminology referred to above; the previous definitions of “Permanent Head” and “Accounting Office” have been replaced with definitions of “Secretary” and “Accounting Office” and the previous definition of “Secretary” (as Secretary of the Department of Finance) has been omitted.
In addition, paragraph (d) of the definition of “Department” has been amended by including a reference to that branch of the Australian Public Service in relation to which the President of the Inter-State Commission has the powers of a Secretary of a Department. This ensures that, for the purposes of the Regulations, the Inter-State Commission will operate, in terms of its financial administration, as an independent Department.
Further amendments, the inclusion of a reference to the Official Secretary to the Governor-General in the definition of “Department” and “Secretary” have also been made. The amendments have the effect of making the Official Secretary a Department for the purposes of the Regulations.
Regulations 3 and 4
Regulations 3 and 4 have been amended to reflect the change in description from “Accounting Office” to “Regional Office”. In addition regulation 4 has been amended as a consequence of the adoption of the term “Secretary” in lieu of “Permanent Head”.
Regulation 20
Sub-regulation 20(2) and 20(3) have been omitted as it is no longer intended that the Advance to the Minister for Finance be used as a vehicle for facilitating accounting for payments made overseas on behalf of Commonwealth Departments. In future funds will be provided by warrant advice where a payment is to be made by an overseas office on behalf of a Department in Australia.
Regulation 28
Regulation 28 has been amended so that accounts which have been certified in Australia under Section 34(2) (b) of the Audit Act 1901 may be paid overseas without, as was the case, being further certified at the overseas office by an officer appointed under Regulation 28.
Regulation 35
Regulation 35 enables the Minister for Finance, the Secretary of the Department of Finance and the Secretary of a Department to issue directions for, or in relation to overseas accounting matters. An amendment is proposed to the Regulation as a consequence of the change in the use of the term “Permanent Head”, and to enable the Offical Secretary to the Governor-General to issue directions under regulation 35 to his staff.
Regulations 36, 37 and 38
Regulations 36, 37 and 38 have been amended to enable the Minister, the Secretary of the Department of Finance or the Secretary of a Department, when appointing delegates, to give directions on the manner in which the delegations are to be exercised.
Schedule
The Schedule sets out the amendments which have been made as a consequence of the changes in terminology from “Permanent Head” to “Secretary” and from “Accounting Office” to “Regional Office”.