Financial Management and Accountability Amendment Regulations 1999 (No. 2) 1999 No. 45
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 45
Issued by the authority of the Minister for Finance and Administration
Financial Management and Accountability Act 1997
Financial Management and Accountability Amendment Regulations 1999 (No. 2)
The attached Statutory Rules make regulations under subsection 65(1) of the Financial Management and Accountability Act 1997 (the Act) to amend the Financial Management and Accountability Regulations.
The amendments are to the Schedule to the regulations which lists the Agencies which are prescribed for the purposes of the definition of "Agency" in section 5 of the Act. In addition to Departments of State and Departments of the Parliament, section 5 of the Act includes in the definition of "Agency", "a prescribed Agency" being an organisational unit which is to be regarded, for the purposes of the Act, as a separate Agency from the Department of State within the portfolio. Regulation 5 prescribes all such Agencies by reference to the Schedule to the regulations. The Schedule names those Agencies, defines the persons which they comprise and specifies the Agency Chief Executive.
Details of the regulations are as follows:
Regulation 1
This advises that the name of the regulations is the Financial Management and Accountability Amendment Regulations 1999 (No.2)
Regulation 2
This provides that the amendments are to commence:
a) regulation 1, 2, and 3 and Schedule 1 - on gazettal;
b) Schedule 2 -on the date of commencement of the Australian Radiation Protection and Nuclear Safety Act 1998.
Regulation 3
This provides that Schedules 1 and 2 amend the Financial Management and Accountability Regulations 1997.
Schedule 1 [1-3]
This amends references from 'the Schedule' to 'Schedule 1' in subregulations 5(2), 5(3) and in the heading to the Schedule of prescribed Agencies.
Schedule 1 [4]
This amends the references to the Industrial Relations Act 1988 to refer to the Workplace Relations Act 1996 in the Schedule of prescribed Agencies.
Schedule 1 [5]
This amends references to the Commonwealth Services Delivery Agency to refer to Centrelink in the Schedule of prescribed Agencies, to reflect the change of name of the organisation.
Schedule 1 [6]
This amends the references to the Commonwealth Services Delivery Act 1997 to refer to the Commonwealth Services Delivery Agency Act 1997 in the Schedule of prescribed Agencies.
Schedule 1 [7]
Regulation 7 omits Item 126 of the Schedule which refers to the Industrial Relations Court of Australia (IRC). The financial functions previously managed by the IRC have been taken over by the Federal Court and therefore there is no need to prescribe the IRC as a separate prescribed Agency.
Schedule 1 [8]
This amends references to the Department of Industry, Science and Tourism to the Department of Industry, Science and Resources in accordance with the October 1998 Administrative Arrangements Orders.
Schedule 1 [9]
Regulation 9 omits Item 135 of the Schedule which refers to the Office of Government Information Technology (OGIT). As a result of the Administrative Arrangements Orders, issued in October 1998, the functions of the Office have been absorbed by the Department of Communication, Information Technology and the Arts and there is no need to prescribe the office as a separate agency.
Schedule 2 [1]
Schedule 2 [1] inserts a new Item 114A in the Schedule to make the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) a prescribed agency. The Australian Radiation Protection and Nuclear Safety Act 1988 passed in both Houses of Parliament on 10 November 1998 and took effect on 5 February 1999. The amendments give practical effect to the establishment of ARPANSA as a prescribed Agency for the purpose of the Act.
Overview
The Financial Management and Accountability Amendment Regulations 1999 (No. 2) were issued under the authority of the Minister for Finance and Administration to amend the Financial Management and Accountability Regulations 1997, which implement the Financial Management and Accountability Act 1997. This Act was enacted to provide a framework for financial management and accountability across Commonwealth agencies. The regulations update the list of prescribed agencies to reflect changes in agency names, structural reorganisations, and the absorption of certain functions into other departments, ensuring the regulatory framework remains current and aligned with the evolving organisational landscape.
The primary objective of these amendments is to accurately reflect the current organisational structure and nomenclature of various Commonwealth agencies. By updating the Schedule to the regulations, these amendments ensure that all relevant agencies are properly identified and included in the regulatory framework, facilitating effective financial management and accountability across the Commonwealth. The changes include updates to agency names, such as the replacement of the Industrial Relations Act 1988 with the Workplace Relations Act 1996 and the renaming of the Commonwealth Services Delivery Agency to Centrelink. Additionally, the regulations omit references to agencies whose functions have been absorbed by other departments, such as the Industrial Relations Court of Australia and the Office of Government Information Technology. These amendments aim to maintain the integrity and functionality of the regulatory framework established by the Financial Management and Accountability Act 1997.
Scope and Application
The Financial Management and Accountability Amendment Regulations 1999 (No. 2) amends the Financial Management and Accountability Regulations 1997 under the Financial Management and Accountability Act 1997. These regulations primarily update the Schedule to reflect changes in organisational names and structures, ensuring that the prescribed Agencies listed align with current legislative and administrative arrangements. The amendments include updates such as changing references from the Industrial Relations Act 1988 to the Workplace Relations Act 1996, renaming the Commonwealth Services Delivery Agency to Centrelink, and adjusting the Department of Industry, Science and Tourism to the Department of Industry, Science and Resources. Additionally, the regulations remove references to the Industrial Relations Court of Australia and the Office of Government Information Technology, as their functions have been subsumed by other entities. The amendments also introduce the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) as a prescribed Agency, reflecting its establishment under the Australian Radiation Protection and Nuclear Safety Act 1998. The regulations are designed to ensure that the Financial Management and Accountability Act accurately reflects the current structure and responsibilities of Commonwealth Agencies.
Key Provisions
The Financial Management and Accountability Amendment Regulations 1999 (No. 2) make changes to the Financial Management and Accountability Regulations 1997. These amendments primarily focus on the Schedule, which lists the Agencies that are prescribed for the purposes of the definition of "Agency" in section 5 of the Financial Management and Accountability Act 1997 (the Act). Regulation 5 prescribes all such Agencies by reference to the Schedule. Regulation 1 names the regulations as the Financial Management and Accountability Amendment Regulations 1999 (No.2). Regulation 2 sets the commencement dates for the regulations, with regulation 1, 2, and 3, as well as Schedule 1, commencing on gazettal, and Schedule 2 commencing on the date of commencement of the Australian Radiation Protection and Nuclear Safety Act 1998. Regulation 3 confirms that Schedules 1 and 2 amend the Financial Management and Accountability Regulations 1997.
The obligations imposed by these regulations primarily concern the prescribed Agencies, which must adhere to the requirements outlined in the Financial Management and Accountability Act 1997. These obligations include maintaining financial records, ensuring proper authorisation of expenditure, and adhering to the guidelines set forth by the Act. The regulations also require these Agencies to ensure that their financial management practices comply with the prescribed standards. The Schedules provide specific details on which Agencies are prescribed, the persons they comprise, and their Chief Executive.
The Financial Management and Accountability Amendment Regulations 1999 (No. 2) also include provisions for potential breaches of the Act. While the regulations themselves do not explicitly state the penalties for breach, breaches of the Act can result in both civil and criminal consequences. The maximum penalties for breaches can include substantial fines and, in some cases, imprisonment. These penalties are intended to enforce compliance and maintain the integrity of the financial management and accountability framework within the prescribed Agencies. The specific penalties are determined by the courts based on the severity of the breach and the provisions of the Act.