Financial Management and Accountability Amendment Regulations 2002 (No. 3)

Overview

The Financial Management and Accountability Amendment Regulations 2002 (No. 3) were enacted to address the need for the Bureau of Meteorology to be included as a prescribed agency under the Financial Management and Accountability Act 1997 (FMA Act). This regulatory amendment was issued under the authority of the Minister for Finance and Administration and aims to ensure that the Bureau of Meteorology, which became an Executive Agency on 1 July 2002, adheres to the same standards of financial management and accountability as other Commonwealth agencies. The policy objective of these regulations is to formalise the Bureau's responsibilities and ensure that it is held accountable for its expenditure and use of public resources, thus aligning it with the broader framework established by the FMA Act. These regulations amend the Financial Management and Accountability Regulations 1997 to include the Bureau of Meteorology and update the list of prescribed agencies that are also Executive Agencies under the Public Service Act 1999.

Scope and Application

The Financial Management and Accountability Amendment Regulations 2002 (No. 3) are subordinate instruments under the Financial Management and Accountability Act 1997, which establish a framework for the proper management of public money and public property within prescribed agencies. These Regulations specifically make the Bureau of Meteorology a prescribed agency under the FMA Act, thereby imposing on it the responsibility and accountability for its expenditure and use of public money, public property, and other Commonwealth resources. This amendment ensures that the Bureau, which was established as an Executive Agency on 1 July 2002, is subject to the same financial management and accountability standards as other prescribed agencies. Additionally, the Regulations update the note in the Financial Management and Accountability Regulations 1997 to reflect that the Bureau of Meteorology is also recognised as an Executive Agency under the Public Service Act 1999. Consequently, the Director of the Bureau, as the head of the agency, assumes the powers of an Agency Head under the Public Service Act 1999 and corresponding management and accountability responsibilities under the FMA Act. The Regulations come into effect upon gazettal.

Key Provisions

The main operative sections of the Financial Management and Accountability Amendment Regulations 2002 (No. 3) include sections that make the Bureau of Meteorology a prescribed agency under the Financial Management and Accountability Act 1997 (FMA Act) (reg 3). This means the Bureau is now responsible and accountable for its expenditure and use of public money, public property, and other Commonwealth resources under the FMA Act. Additionally, the Regulations update the note in Schedule 1 to include the Bureau of Meteorology as an Executive Agency under the Public Service Act 1999 (reg 4). These amendments align with the Bureau's establishment as an Executive Agency on 1 July 2002, thereby granting the Director the powers of an Agency Head under the Public Service Act 1999 and corresponding management and accountability responsibilities for public resources. The Regulations impose specific obligations on the Bureau of Meteorology as a prescribed agency under the FMA Act. As a prescribed agency, the Bureau must adhere to the financial management and accountability framework set out in the FMA Act, ensuring proper management of public money, public property, and other Commonwealth resources. This includes maintaining accurate financial records, reporting on expenditure and resource usage, and complying with any other requirements or directions given by the Minister for Finance and Administration. Additionally, the Bureau, as an Executive Agency, must fulfill the responsibilities and obligations outlined in the Public Service Act 1999, including strategic planning, performance reporting, and human resource management. The Financial Management and Accountability Amendment Regulations 2002 (No. 3) do not explicitly detail specific offences or penalties for breaches of the Regulations themselves. However, any breaches of the FMA Act or Public Service Act 1999 by the Bureau of Meteorology as a prescribed agency could lead to civil or criminal consequences. Under the FMA Act, serious breaches of financial management and accountability provisions could result in criminal charges, with penalties including fines and imprisonment. For instance, section 113 of the FMA Act provides for a maximum penalty of $21,000 or three times the benefit obtained from the offence for individuals, and $105,000 for bodies corporate. The Public Service Act 1999 also includes provisions for disciplinary action and other penalties for non-compliance by Executive Agencies. The specific consequences for breaches will depend on the nature and severity of the non-compliance.