EXPLANATORY STATEMENT
ISSUED ON THE AUTHORITY OF THE MINISTER FOR FINANCE
Subject - Audit Act 1901
Finance Regulations (Amendment)
Subsection 71(1) of the Audit Act 1901 (the Act) provides that the Governor-General may make regulations (not inconsistent with the provisions of the Act) for carrying out the provisions of the Act. The attached Statutory Rules will amend the Finance Regulations made pursuant to section 71.
The Australian Federal Police Legislation Amendment Act (No 2) 1989 included an amendment to the Australian Federal Police Act 1979 (the AFP Act) whereby staff members of the Australian Federal Police (the AFP), who were previously employed under the Public Service Act 1922, became employed under the AFP Act. As a consequence, the definition of “Department” in the Finance Regulations no longer covered the AFP, nor did the definition of “Secretary” provide for the Commissioner of Police to be “Secretary” of the AFP for the purposes of the Finance Regulations and thus have the authority to give directions to persons in the AFP, as was the case previously. To ensure that the Regulations apply to the AFP in the same manner as they did before these changes, the following amendments have been made to the Finance Regulations:-
Regulation 4
The definition of “Department” has been amended to specifically include the AFP, thus ensuring that the AFP is a Department for the purposes of the Regulations.
In addition, an amendment has been made to the definition of “Secretary” to provide that where the Department is the AFP the Secretary shall be the person who holds, or is performing the duties of, the office of Commissioner of Police.
Regulation 127A
This regulation includes a provision which empowers Secretaries of Departments to give directions, subject to
certain conditions, to officers within their Departments on any of the matters on which regulations may be made.
The amendment provides that the Commissioner of Police may give directions to members, staff members and special members of the AFP for or in relation to any of the matters referred to in paragraphs 71(1)(a) to (j) of the Act (these paragraphs set out those matters which may be dealt with in the Regulations).
Certain minor changes to regulation 127A have also been made which are either of a drafting nature or reflect the addition of paragraphs (h) and (j) to subsection 71(1) of the Act by the Audit Amendment Act 1989. Paragraphs (h) and (j) enable regulations to be made concerning the procedures to be followed when entering into commitments and when preparing estimates of future expenditure.