Statutory Rules 1981 No. 641
Finance Regulations2 (Amendment)
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Audit Act 1901.
Dated 1 April 1981.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
Minister of State for Finance
Repeal of regulation 12
1. Regulation 12 of the Finance Regulations is repealed.
Repeal of regulation 18
2. Regulation 18 of the Finance Regulations is repealed.
Repeal of regulations 42 and 43
3. Regulations 42 and 43 of the Finance Regulations are repealed.
Requisition for supplies to be supported by certificate
4. Regulation 47 of the Finance Regulations is amended by omitting from paragraph (a) of sub-regulation (2) “with the approval of the Minister,”.
5. Regulation 50 of the Finance Regulations is repealed and the following regulation substituted:
Expenditure in cases of emergency
“50. (1) If supplies are required by a Department in circumstances where delay would be detrimental to the purpose for which the supplies are required, expenditure in respect of the supplies of an amount that, or of amounts the aggregate of which, does not exceed $2,000 may, with the approval of a person or persons to whom a Requisition for the supplies is required to be submitted under regulation 48, be incurred in respect of the supplies before a Requisition for the supplies is prepared or approved.
“(2) Where an approval referred to in sub-regulation (1) has been given orally, the person or persons who gave the approval shall, as soon as practicable after giving the approval, confirm in writing the approval so given.”.
Preparation of certificates of statements of variation in pay, &c.
6. Regulation 56b of the Finance Regulations is amended by omitting from sub-regulation (2) “one copy of the certificate to the Chief Auditor and”.
S.R. No. 6/81 Cat. No. —Recommended retail price 20c 11/12.2.1981
NOTES
1. Notified in the Commonwealth of Australia Gazette on 9 April 1981.
2. Statutory Rules 1942 No, 523 as amended by 1943 No. 32; 1953 No. 3; 1959 No. 9; 1961 Nos. 77 and 122; 1964 No. 21; 1965 Nos. 32 and 169; 1966 No. 176; 1968 No. 87; 1972 No. 31; 1974 No. 129; 1975 No. 156; 1976 Nos. 91 and 260; 1977 No. 111; 1979 No. 282; 1980 Nos. 92, 102, 114, 115 and 234.
Printed by Authority by the Commonwealth Government Printer
Overview
Statutory Rules 1981 No. 641, known as the Finance Regulations (Amendment) Regulations, were enacted by the Governor-General on 1 April 1981. These regulations were made under the Audit Act 1901 and were developed with the advice of the Federal Executive Council. They primarily address the need to update and streamline financial regulations related to government procurement and expenditure, particularly in emergency situations. The policy objective is to facilitate quicker procurement processes in critical circumstances while maintaining oversight and accountability through the necessary approvals and documentation. This legislative instrument repeals certain regulations and amends others to better align with contemporary financial management practices.
Scope and Application
The Statutory Rules 1981 No. 641, made under the Audit Act 1901, amend the Finance Regulations by repealing certain regulations and introducing new provisions concerning emergency procurement and certification processes. These regulations apply to Commonwealth entities and personnel involved in the procurement and expenditure processes within the federal government. The amendments concern the procedures for requisitioning supplies, specifically allowing for emergency procurement up to a threshold of $2,000 without prior ministerial approval, provided written confirmation is obtained promptly. Additionally, the regulations modify the process for preparing certificates and statements of variation in pay, altering the documentation submission requirements to the Chief Auditor. The changes are designed to streamline certain financial processes within federal departments, ensuring efficiency in emergency procurement while maintaining oversight through written confirmations of approvals and modified certification protocols.
Key Provisions
The Statutory Rules 1981 No. 641 (Finance Regulations Amendment) introduces several key changes to the Finance Regulations under the Audit Act 1901. Firstly, it repeals Regulation 12, Regulation 18, and Regulations 42 and 43 (sections 1-3). Secondly, it modifies Regulation 47 by removing the requirement for ministerial approval in certain circumstances (section 4). It also introduces a new Regulation 50 (section 5) that allows for emergency expenditure up to $2,000 without prior written requisition, provided that the approval is subsequently confirmed in writing. Additionally, it amends Regulation 56b by removing the requirement to submit a copy of certain certificates to the Chief Auditor (section 6).
These regulations impose certain obligations on government departments and agencies. They require that emergency expenditures of up to $2,000 must be approved by the relevant authority, even if the approval is initially given orally, and that this approval must be confirmed in writing as soon as practicable (section 5). Additionally, certain certificates related to financial transactions no longer need to be submitted to the Chief Auditor, streamlining the reporting process for these entities (section 6).
The regulations do not explicitly state offences, penalties, or civil/criminal consequences for breaches. However, it is reasonable to infer that any failure to comply with these regulatory requirements could result in financial mismanagement or procedural non-compliance, potentially leading to internal audits, investigations, or disciplinary actions within the relevant government departments. The absence of specific penalties in the text suggests that breaches may be addressed through internal administrative processes rather than through explicit statutory penalties.