Financial Management and Accountability Amendment Regulations 2000 (No. 1) 2000 No. 20
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 20
Issued by the Authority of the Minister for Finance and Administration
Financial Management and Accountability Act 1997
Financial Management and Accountability Amendment Regulations 2000 (No. 1)
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 regulations and 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 proposed regulations is the Financial Management and Accountability Amendment Regulations 2000 (No. 1)
Regulation 2
This provides that the proposed amendments are to commence:
(a) regulations 1, 2 and 3 and Schedule 1 - on 5 December 1999
(b) Schedule 2 - 10 December 1999
(c) Schedule 3 - 1 July 2000
Regulation 3
This provides that Schedules 1, 2 and 3 amend the Financial Management and Accountability Regulations 1997.
Schedule 1
[1] Paragraph (4)(d)
This amends the references to the Public Service Act 1922 to refer to the Public Service Act 1999 to reflect the introduction of the new Act.
[2] Paragraph (4)(e)
This amends the reference to the Public Service Act 1922 to refer to the Parliamentary Service Act 1999. This is now the Act which people are appointed under to perform a financial task for a Department of the Parliament.
[3] - [12]
These changes amend references to the Public Service Act 1922 to refer to the Public Service Act 1999 to reflect the introduction of the new Act.
[13] Schedule 1, item 142, paragraphs (b) and (c)
This removes the reference to the Merit Protection (Australian Government Employees) Act 1984 which was repealed by the Public Employment (Consequential and Transitional) Amendment Act 1999 on 5 December 1999. It also amends the reference to the Public Service Act 1922 to refer to the Public Service Act 1999 to reflect the introduction of the new Act.
The regulations in Schedule 1 of the Financial Management and Accountability Amendment Regulations will be taken to have commenced on 5 December 1999. This retrospective commencement date is in accordance with section 48(2) of the Acts Interpretation Act 1901 and will not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) or impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of commencement.
Schedule 2
[1] Schedule 1, item 125
This substitutes a new item for the Human Rights and Equal Opportunity Commission as a consequence of the Human Rights Legislation Amendment Act (No. 1) 1999 (HRLAA1) which commenced on 10 December 1999. The HRLAA1 invests the Human Rights and Equal Opportunity Commission's powers in the President.
The regulation in Schedule 2 of the Financial Management and Accountability Amendment Regulations will be taken to have commenced on 10 December 1999. This retrospective commencement date is in accordance with section 48(2) of the Acts Interpretation Act 1901 and will not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) or impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of commencement.
Schedule 3
[1] Schedule 1, after item 105
This item inserts a new Item 105A in Schedule 1 to make the Australian Archives a prescribed Agency. Having regard to the nature and operation of the Australian Archives, it is considered appropriate that it should be financially independent of the Department of Communications, Information Technology and the Arts for the purposes of the FMA Act.
Overview
The Financial Management and Accountability Amendment Regulations 2000 (No. 1) were enacted to update the Financial Management and Accountability Regulations 1997, aligning them with recent legislative changes and organisational restructuring. This set of Statutory Rules was issued by the Authority of the Minister for Finance and Administration, in accordance with subsection 65(1) of the Financial Management and Accountability Act 1997. The primary objective of these amendments was to ensure that the regulations and the prescribed list of agencies within the Schedule reflect the current legislative framework and organisational structure, particularly in light of the introduction of new Acts such as the Public Service Act 1999 and the Parliamentary Service Act 1999, as well as the restructuring of agencies like the Human Rights and Equal Opportunity Commission. The regulations also seek to ensure that the Australian Archives are recognised as a financially independent agency, separate from the Department of Communications, Information Technology and the Arts.
Scope and Application
The Financial Management and Accountability Amendment Regulations 2000 (No. 1) amends the Financial Management and Accountability Regulations 1997 under the Financial Management and Accountability Act 1997, affecting the prescribed agencies within the Commonwealth. These regulations apply to various entities, including departments, agencies, and authorities that are prescribed as separate entities under the Act. The amendments adjust references to other legislative acts, such as the Public Service Act 1999 and the Parliamentary Service Act 1999, to reflect updates in the legal framework governing public service appointments. Additionally, the regulations also address the restructuring of agencies like the Human Rights and Equal Opportunity Commission following legislative changes. The changes prescribed in these regulations have specific commencement dates, ensuring they are effective from designated dates in 1999 and 2000, with certain provisions backdated to avoid disrupting existing rights or liabilities.
The regulations also extend their application to subordinate instruments by updating references within the Financial Management and Accountability Regulations to align with new legislation and structural changes in agencies. For instance, the removal of references to the Merit Protection (Australian Government Employees) Act 1984 and its replacement with the Public Service Act 1999 ensures the continued relevance of regulatory provisions. Furthermore, the insertion of the Australian Archives as a prescribed agency under the Act recognises its financial independence from the Department of Communications, Information Technology and the Arts. These amendments reflect the evolving landscape of Commonwealth agencies and their financial management requirements, ensuring compliance with current legal standards and practices.
Key Provisions
The Financial Management and Accountability Amendment Regulations 2000 (No. 1) (F2000B00026) amends the Financial Management and Accountability Regulations 1997. The primary amendments are reflected in Schedules 1, 2, and 3 of the regulations. Regulation 1 identifies these regulations as the Financial Management and Accountability Amendment Regulations 2000 (No. 1). Regulation 2 sets out the commencement dates for the various parts of the regulations. Schedule 1, which commences on 5 December 1999, updates references from the Public Service Act 1922 to the Public Service Act 1999, and removes references to the Merit Protection (Australian Government Employees) Act 1984, which was repealed. Schedule 2, effective from 10 December 1999, adjusts the regulations to reflect changes made by the Human Rights Legislation Amendment Act (No. 1) 1999, particularly concerning the Human Rights and Equal Opportunity Commission. Schedule 3, which commences on 1 July 2000, includes the Australian Archives as a prescribed Agency, ensuring its financial independence from the Department of Communications, Information Technology and the Arts.
These regulations impose obligations on entities covered by the Financial Management and Accountability Act 1997. They require these entities to update their references in accordance with the Public Service Act 1999 and the Parliamentary Service Act 1999, as appropriate. The inclusion of the Australian Archives as a prescribed Agency means it must adhere to the financial management and accountability requirements independently of the Department of Communications, Information Technology and the Arts. Furthermore, the amendments necessitate that entities adjust their internal procedures and documentation to align with the updated legislative framework, ensuring compliance with the latest Acts and Regulations.
The Financial Management and Accountability Amendment Regulations 2000 (No. 1) do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance within the explanatory statement. However, non-compliance with the Financial Management and Accountability Act 1997 generally may lead to civil or criminal penalties, depending on the severity of the breach. Under the Act, serious breaches can result in substantial fines and, in some cases, criminal charges for individuals responsible for the non-compliance. The precise penalties are detailed in the Act itself and may include fines up to several thousand Australian dollars for corporations and even imprisonment for natural persons in cases of severe misconduct or fraud.