Financial Management and Accountability Amendment Regulations 1999 (No. 5) 1999 No. 272
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 272
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. 5)
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 amendment is 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 regulation are as follows:
Regulation 1
This advises that the name of the regulations is the Financial Management and Accountability Amendment Regulations 1999 (No. 5).
Regulation 2
This provides that the amendments are taken to have commenced on 1 September 1999.
Regulation 3
This provides that Schedule 1 amends the Financial Management and Accountability Regulations 1997.
Schedule 1
Schedule 1, Part 1, Item 111AA
Item 111AA of Schedule 1 which prescribed the Australian Government Solicitor (AGS) will be removed. The AGS became a Commonwealth Authority under the Commonwealth Authorities and Companies Act 1997 on 1 September 1999.
Overview
The Financial Management and Accountability Amendment Regulations 1999 (No. 5) were enacted to amend the existing Financial Management and Accountability Regulations 1997. This amendment was necessary following the reclassification of the Australian Government Solicitor (AGS) as a Commonwealth Authority under the Commonwealth Authorities and Companies Act 1997, effective from 1 September 1999. The regulations were issued under the authority of the Minister for Finance and Administration and are designed to align the list of prescribed agencies within the Financial Management and Accountability Act 1997 with the current organisational structure of government entities. The policy objective is to ensure that financial management and accountability practices are consistently applied across all relevant agencies by accurately defining the scope of these regulations.
Scope and Application
The Financial Management and Accountability Amendment Regulations 1999 (No. 5) amends the Financial Management and Accountability Regulations 1997 by updating the list of prescribed agencies for the purposes of the Financial Management and Accountability Act 1997. The amendment specifically removes the Australian Government Solicitor (AGS) from the list of prescribed agencies, reflecting its status change to a Commonwealth Authority under the Commonwealth Authorities and Companies Act 1997 as of 1 September 1999. This change clarifies the scope of the Act by adjusting the definition of "Agency" as per section 5, which now includes "a prescribed Agency" distinct from Departments of State within the portfolio. The regulations themselves are applicable to Commonwealth agencies and entities within the Australian jurisdiction, providing a clear demarcation of entities governed by the Act and those that are now overseen by different legislation.
Key Provisions
The Financial Management and Accountability Amendment Regulations 1999 (No. 5) (referred to as the Regulations) amend the Financial Management and Accountability Regulations 1997 (the existing Regulations) by removing the Australian Government Solicitor (AGS) from the list of prescribed Agencies under Schedule 1 (section 111AA). This change is effective from 1 September 1999, as per Regulation 2 and is due to the AGS becoming a Commonwealth Authority under the Commonwealth Authorities and Companies Act 1997 on the same date, as per Regulation 3. The Regulations are formally named in Regulation 1 and are taken to have commenced on 1 September 1999, as per Regulation 2.
The Regulations impose specific obligations on the entities they govern, most notably by removing the AGS from the list of prescribed Agencies. This means that from 1 September 1999, the AGS is no longer regarded as a separate Agency for the purposes of the Financial Management and Accountability Act 1997 (the Act). This change affects the scope of entities that are subject to the Act’s provisions, as it redefines the boundary of what constitutes an "Agency" under section 5 of the Act.
Under the Act, prescribed Agencies are required to adhere to financial management and accountability standards set forth by the Act and the Regulations. The removal of the AGS from the prescribed list means it is no longer subject to these specific regulatory requirements. Instead, the AGS will be subject to the governance and accountability frameworks applicable to Commonwealth Authorities under the Commonwealth Authorities and Companies Act 1997.
Breaching the provisions of the Act and the Regulations can result in various civil or criminal consequences. However, the explanatory statement does not detail specific offences or penalties for non-compliance. It is important to note that while the statement does not specify the penalties, breaches of the Act or Regulations could potentially lead to legal actions, financial penalties, or other enforcement measures as determined by the relevant authorities. The severity of these consequences would depend on the nature and extent of the breach, as well as any additional provisions or guidelines set by the Act or other related legislation.