Financial Management and Accountability Amendment Regulations 2000 (No. 4) 2000 No. 224
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 224
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. 4)
Subsection 65(1) of the Financial Management and Accountability Act 1997 (the Act) provides that the Governor-General may make Regulations for the purposes of the Act.
The attached Statutory Rules amend the Financial Management and Accountability Regulations 1997 (the principal regulations).
The amendments are proposed to Schedule 1 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 2000 (No. 4).
Regulation 2
This provides that the proposed amendments are taken to have commenced on 1 July 2000.
The proposed 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.
Regulation 3
This provides that Schedule 1 amends the Financial Management and Accountability Regulations 1997.
Schedule 1
[1] Schedule 1, after item 137
This item inserts a new Item 137A in Schedule 1 to make the Office of the Privacy Commissioner (OPC) a prescribed Agency, Having regard to the nature and operation of the OPC, it is considered appropriate that it should be financially independent of the Human Rights and Equal Opportunity Commission for the purposes of the FMA Act.
Overview
The Financial Management and Accountability Amendment Regulations 2000 (No. 4) were enacted to make amendments to the Financial Management and Accountability Regulations 1997, under the authority of the Minister for Finance and Administration. These regulations were introduced to address the need for more precise delineation of the entities that are considered separate agencies for the purposes of the Financial Management and Accountability Act 1997 (FMA Act). The objective of these amendments is to ensure that certain agencies, such as the Office of the Privacy Commissioner, are recognised as financially independent entities under the Act. The regulations were designed to ensure that the rights and liabilities of individuals and entities are not adversely affected by the changes, aligning with the provisions of the Acts Interpretation Act 1901.
Scope and Application
The Financial Management and Accountability Amendment Regulations 2000 (No. 4) amends the Financial Management and Accountability Regulations 1997 to include the Office of the Privacy Commissioner (OPC) as a prescribed agency for the purposes of the Financial Management and Accountability Act 1997. This amendment aims to ensure that the OPC is financially independent of the Human Rights and Equal Opportunity Commission, aligning with its specific nature and operations. The regulation is applicable to the OPC and its chief executive, thereby extending the scope of the Act to include this agency in its financial management and accountability framework. These regulations apply across the Commonwealth and are intended to take effect from 1 July 2000, ensuring that the changes do not impact any rights or liabilities of persons other than the Commonwealth or its authorities in respect of actions taken prior to the commencement date. The amendments are made under the authority granted by subsection 65(1) of the Act, which allows for the creation of regulations for the purposes of the Act.
Key Provisions
The Financial Management and Accountability Amendment Regulations 2000 (No. 4) primarily amend the Financial Management and Accountability Regulations 1997 by adding new entries to Schedule 1, which lists the agencies prescribed under the Financial Management and Accountability Act 1997. Specifically, regulation 1 names these regulations, regulation 2 provides for their retrospective commencement on 1 July 2000, and regulation 3 indicates that Schedule 1 amends the existing regulations. The main operative sections of Schedule 1 include the insertion of a new item, 137A, which makes the Office of the Privacy Commissioner (OPC) a prescribed agency, thereby ensuring its financial independence from the Human Rights and Equal Opportunity Commission for the purposes of the Act.
The Act imposes certain obligations and requirements on the agencies it governs, which now include the OPC. As a prescribed agency, the OPC must adhere to the financial management and accountability standards set out in the Act and its regulations. This includes maintaining proper financial records, ensuring transparency in financial reporting, and complying with any additional directives issued by the relevant authorities. The regulations also require that each prescribed agency, such as the OPC, have a specified Chief Executive Officer as outlined in Schedule 1. This helps ensure that there is a clear chain of command and accountability within each agency.
Any breaches of the provisions set out in the Financial Management and Accountability Amendment Regulations 2000 (No. 4) or the Act itself can result in significant consequences. Civil penalties may be imposed for non-compliance, and in severe cases, criminal penalties could apply. The exact nature and severity of these penalties depend on the specific breach and the discretion of the relevant authorities. The Act does not specify maximum penalties in the explanatory statement but generally, the penalties can include fines and, in criminal cases, imprisonment. These measures are designed to enforce compliance and uphold the integrity of financial management within prescribed agencies.