Finance Regulations (Amendment)

Overview

The Statutory Rules No. 4 of 1984, issued under the authority of the Minister for Finance, amend Finance Regulation 6A made under sub-section 71(1) of the Audit Act 1901. This amendment specifically declares the Australian Electoral Office to be a "prescribed authority" for the purposes of the Audit Act, thereby including it within the definition of "Department" in Section 2 of the Audit Act and sub-regulation 4(1) of the Finance Regulations. The purpose of this amendment is to align the status of the Australian Electoral Office with the provisions of the Commonwealth Electoral Legislation Amendment Act, which established an Australian Electoral Commission as an independent body. Consequently, the Chief Australian Electoral Officer is recognised as a Permanent Head for the purposes of the Audit Act and the Finance Regulations. The policy objective of these amendments is to ensure that the Electoral Office, and by extension the Electoral Commission, is appropriately subject to the same auditing and financial regulations as other departments within the Commonwealth government.

Scope and Application

The Statutory Rules issued under the authority of the Minister for Finance amend Finance Regulation 6A to declare the Australian Electoral Office a "prescribed authority" for the purposes of the Audit Act 1901. This amendment integrates the Electoral Office within the definition of "Department" as outlined in Section 2 of the Audit Act and sub-regulation 4(1) of the Finance Regulations. Consequently, the Chief Australian Electoral Officer is recognised as a Permanent Head under these legislative instruments. This change aligns with the provisions of the Commonwealth Electoral Legislation Amendment Act, which established an Australian Electoral Commission as an independent body, not controlled by a Department of State. By virtue of the transitional provisions of the Amendment Act, the reference to the Electoral Office in the Finance Regulations now equally applies to the Electoral Commission, where the Electoral Commissioner acts as the Permanent Head. The amendment ensures that the Electoral Office, and subsequently the Electoral Commission, is subject to the same audit and financial regulatory framework as other Commonwealth departments and prescribed authorities.

Key Provisions

The main operative sections of this amendment to Finance Regulation 6A (sections referenced in parentheses) declare the Australian Electoral Office as a "prescribed authority" under the Audit Act 1901 (Section 2) and the Finance Regulations (sub-regulation 4(1)). This effectively makes the Chief Australian Electoral Officer a Permanent Head under the Audit Act and the Finance Regulations (Section 71(1)). This amendment aligns the Electoral Office with the Commonwealth Electoral Legislation Amendment Act, which established an Australian Electoral Commission as an independent body, not controlled by a Department of State (Section 2 of the Amendment Act). Transitional provisions in the Amendment Act ensure that the reference to the Electoral Office in the Finance Regulations applies equally to the Electoral Commission, with the Electoral Commissioner serving as the Permanent Head (Section 2 of the Amendment Act). The Act imposes several obligations and requirements on the Australian Electoral Office, now recognised as a prescribed authority under the Audit Act 1901. Firstly, as a prescribed authority, the Electoral Office must adhere to the same auditing and financial reporting standards as other government departments. This includes maintaining accurate financial records, conducting regular audits, and ensuring transparency in financial reporting. The Chief Australian Electoral Officer, as a Permanent Head, has the responsibility to oversee these activities and ensure compliance with the relevant statutory requirements. Additionally, the Electoral Office must report to the Auditor-General and provide any necessary documentation or information as requested, facilitating the audit process and ensuring accountability. Failure to comply with the provisions of the Audit Act 1901 and the Finance Regulations can result in serious consequences. Offences under the Act may lead to both civil and criminal penalties. For instance, any person found guilty of wilfully providing false or misleading information to the Auditor-General may face a substantial fine, potentially reaching up to $21,000 for individuals and significantly higher for corporations, depending on the severity of the offence. Furthermore, persistent non-compliance or deliberate breaches could result in legal action against the Chief Australian Electoral Officer or other relevant officers, potentially leading to their removal from office. These stringent measures underscore the importance of adhering to the statutory obligations and maintaining the integrity of the auditing process.