Financial Management and Accountability Amendment Regulations 2000 (No. 2) 2000 No. 145
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 145
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. 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 Regulations amend Schedule 1 to the Principal 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 of the Principal Regulations 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.
The Regulations also amend Schedule 3, Item 1 of the Financial Management and Accountability Amendment Regulations 2000 (No. 1) which are to commence on 1 July 2000. This is a minor amendment to reflect the change of name of the Australian Archives to the National Archives of Australia.
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 2000 (No.
Regulation 2
This provides that the amendments are to commence:
(a) regulations 1, 2 and 3 and Schedule 1 - on 30 June 2000
(b) regulation 4 and Schedule 2 - on 1 July 2000.
Regulation 3
This provides that Schedule 1 amends the Financial Management and Accountability Amendment Regulations 2000 (No. 2).
Regulation 4
This provides that Schedule 2 amends the Financial Management and Accountability Regulations 1997.
Schedule 1
[1] Schedule 3, item 1
This amends the reference to the Australian Archives to refer to the National Archives of Australia to represent its change of name as a consequence of the Census Information Legislation Amendment Act 2000.
Schedule 2
[1] Schedule 1, after item 124
This item inserts a new item 124A in Schedule 1 to make the Federal Magistrates Court a prescribed agency. Having regard to the nature and operation of the Federal Magistrates Court, it is considered appropriate that it should be financially independent of the Attorney-General's Department for the purposes of the Act.
[21 Schedule 1, after item 125
This item inserts a new item 126 in Schedule 1 to make the Insolvency and Trustee Service Australia a prescribed agency. Having regard to the nature and operation of the Service, it is considered appropriate that it should be financially independent of the Attorney-General's Department for the purposes of the Act.
Overview
The Financial Management and Accountability Amendment Regulations 2000 (No. 2) were issued under the authority of the Minister for Finance and Administration and are intended to amend the Financial Management and Accountability Regulations. These regulations aim to address the need for updating the list of prescribed agencies within the scope of the Financial Management and Accountability Act 1997, to ensure that all relevant organisations are accurately identified and treated as separate entities for the purposes of financial management and accountability. The changes include the renaming of the Australian Archives to the National Archives of Australia, and the designation of the Federal Magistrates Court and the Insolvency and Trustee Service Australia as prescribed agencies, recognising their financial independence from the Attorney-General's Department. The Regulations were designed to bring the regulatory framework in line with recent organisational changes and to clarify the financial independence of certain agencies.
Scope and Application
The Financial Management and Accountability Amendment Regulations 2000 (No. 2) amend the Financial Management and Accountability Regulations, which are subordinate instruments to the Financial Management and Accountability Act 1997. These regulations specifically apply to prescribed agencies, which include Departments of State, Departments of the Parliament, and other organisational units deemed separate from their parent departments for the purposes of the Act. The amendments clarify the list of prescribed agencies by adding the Federal Magistrates Court and the Insolvency and Trustee Service Australia, ensuring these entities are treated as financially independent for the purposes of the Act. The regulations also correct a reference to the Australian Archives, now known as the National Archives of Australia, reflecting changes made by other legislation. These amendments have a jurisdictional reach across Commonwealth agencies and are effective as of 30 June 2000 and 1 July 2000 for different parts of the regulations. The Act itself applies broadly to Commonwealth entities, but specific exclusions or exemptions are not detailed in these regulations.
Key Provisions
The Financial Management and Accountability Amendment Regulations 2000 (No. 2) primarily amend existing regulations under the Financial Management and Accountability Act 1997. These amendments serve to update and refine the regulatory framework governing financial management and accountability within Australian agencies. Regulation 1 identifies the name of the regulations and specifies the commencement dates for different parts of the regulations. Regulation 2 details the commencement dates: Regulations 1, 2, 3, and Schedule 1 are effective from 30 June 2000, while Regulation 4 and Schedule 2 commence on 1 July 2000. Regulation 3 clarifies that Schedule 1 amends the Financial Management and Accountability Amendment Regulations 2000 (No. 2), and Regulation 4 indicates that Schedule 2 amends the Financial Management and Accountability Regulations 1997.
These regulations impose several obligations on the agencies affected by the amendments. Firstly, they require the Federal Magistrates Court and the Insolvency and Trustee Service Australia to be recognised as prescribed agencies under the Act, thereby ensuring their financial independence. This means that these entities must operate with a degree of financial autonomy from their respective parent departments, facilitating more effective management of their financial resources. Additionally, the amendments necessitate that the Australian Archives be referred to as the National Archives of Australia, reflecting the change of name due to legislative adjustments. This renaming requires agencies to update their references to align with the new nomenclature.
In terms of penalties and consequences for non-compliance, the Financial Management and Accountability Amendment Regulations 2000 (No. 2) do not explicitly outline specific offences, penalties, or consequences for breach. However, the broader Financial Management and Accountability Act 1997 provides a framework under which non-compliance with financial management regulations can lead to various repercussions. These may include administrative penalties, financial penalties, or legal action against individuals or entities that fail to adhere to the financial management and accountability standards prescribed by the Act. The penalties can vary in severity depending on the nature and extent of the non-compliance, and in some cases, criminal sanctions may apply.