Financial Management and Accountability Amendment Regulations 2001 (No. 1)

Overview

The Financial Management and Accountability Amendment Regulations 2000 (No. 1) were enacted to amend the Financial Management and Accountability Regulations 1997, in response to changes in agency names and structures as required by the Financial Management and Accountability Act 1997. This legislation was issued by the Minister for Finance and Administration and aims to ensure that the regulations accurately reflect the current organisational structure of agencies and their legislative underpinnings. The primary policy objective of these regulations is to maintain the integrity and applicability of financial management and accountability frameworks across the specified agencies, adapting to legislative changes such as the renaming of the Affirmative Action Agency to the Equal Opportunity for Women in the Workplace Agency and the establishment of the National Oceans Office as a financially independent entity.

Scope and Application

The Financial Management and Accountability Amendment Regulations 2000 (No. 1) primarily apply to agencies under the Financial Management and Accountability Act 1997, with a focus on amending the Financial Management and Accountability Regulations 1997. These regulations prescribe agencies by reference to the schedule, which includes specific organisational units regarded as separate from their parent departments for the purposes of the Act. The scope of these regulations includes altering the list of prescribed agencies to reflect changes in agency names and updating references to corresponding legislative acts. Specifically, the regulations adjust the list in Schedule 1 to reflect the change of name from the Affirmative Action Agency to the Equal Opportunity for Women in the Workplace Agency, and to incorporate the National Oceans Office as a prescribed agency, ensuring its financial independence from the Department of the Environment and Heritage. The regulations have a national jurisdictional reach, impacting entities across Australia. The commencement date varies, with certain provisions effective from gazettal and others from 1 July 2001. The Act allows for further amendments and specifications through subordinate instruments, thereby extending or restricting application as necessary.

Key Provisions

The main operative sections of the Financial Management and Accountability Amendment Regulations 2000 (No. 1) are Regulation 1, which names the regulations, Regulation 2, which specifies the commencement dates, and the amendments detailed in Schedules 1 and 2. Regulation 1 simply states that these regulations are the Financial Management and Accountability Amendment Regulations 2000 (No. 1). Regulation 2 specifies that regulations 1 to 3 and Schedule 1 commence on gazettal, while Schedule 2 commences on 1 July 2001. Schedule 1 primarily involves changes to the list of prescribed agencies by omitting the Affirmative Action Agency and adding the Equal Opportunity for Women in the Workplace Agency, reflecting its name change and updated legislative references. Schedule 2 introduces the National Oceans Office as a new prescribed agency. The Financial Management and Accountability Amendment Regulations 2000 (No. 1) impose obligations on the agencies affected by the amendments. For the Equal Opportunity for Women in the Workplace Agency, the regulations necessitate updating references to the Affirmative Action (Equal Employment Opportunity for Women) Act 1986 to the Equal Opportunity for Women in the Workplace Act 1999. This change requires the agency to align its documentation, policies, and practices with the new legislative framework. For the National Oceans Office, the regulations mandate that it be treated as financially independent from the Department of the Environment and Heritage, ensuring it adheres to the requirements for prescribed agencies under the Act. The regulations do not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, the Act under which these regulations are made, the Financial Management and Accountability Act 1997, generally includes provisions that hold agencies accountable for compliance with financial management and accountability standards. Breaches of these standards could result in administrative penalties, financial sanctions, or other corrective actions as prescribed by the Act. Specific penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines issued under the Act.