Financial Management and Accountability Amendment Regulations 2007 (No. 1)

Overview

The Financial Management and Accountability Amendment Regulations 2007 (No. 1) were introduced to make amendments to the Financial Management and Accountability Regulations 1997, under the authority of the Financial Management and Accountability Act 1997 (FMA Act). This Act provides a framework for the proper management of public money and property by Chief Executives and officials of agencies. The Regulations were enacted to update the listing of agencies under the FMA Act to reflect recent legislative changes. Specifically, the Regulations amend the name of the Federal Magistrates Court to "Federal Magistrates Court of Australia," aligning with changes in the Annual Appropriation Acts. Additionally, the Regulations remove the Office of Film and Literature Classification (OFLC) and the Classification Review Board and Classification Board from the listing of prescribed agencies under the FMA Act. These amendments follow the Classification (Publications, Films and Computer Games) Amendment Act 2007, which repealed the OFLC and facilitated its integration into the Attorney-General’s Department, while leaving the Boards as statutory bodies within the Classification Act. The Regulations aim to ensure consistency and accuracy in the administration and financial management of Australian government agencies.

Scope and Application

The Financial Management and Accountability Amendment Regulations 2007 (No. 1) pertain to Australian Government agencies and their adherence to financial management and accountability standards. These regulations amend the Financial Management and Accountability Regulations 1997 by updating the name of the Federal Magistrates Court to the Federal Magistrates Court of Australia, aligning with recent legislative changes. Furthermore, the regulations remove the Office of Film and Literature Classification and the Classification Review Board and Classification Board from the list of prescribed agencies under the Financial Management and Accountability Act 1997. These changes reflect the repeal and integration of the Office of Film and Literature Classification into the Attorney-General's Department, while the Boards' statutory functions remain intact. The amendments apply exclusively to Australian Government agencies, with no requirement for a Regulation Impact Statement as confirmed by the Office of Regulation Review. The regulations commenced on specified dates, with the Federal Magistrates Court amendment taking effect upon registration and the removal of the Boards and the Office of Film and Literature Classification occurring on the commencement of the Classification (Publications, Films and Computer Games) Amendment Act 2007.

Key Provisions

The Financial Management and Accountability Amendment Regulations 2007 (No. 1) provide several key amendments to the Financial Management and Accountability Regulations 1997 (FMA Regulations). Firstly, Regulation 1 provides the title of the Regulations, which is the Financial Management and Accountability Amendment Regulations 2007 (No. 1). Regulation 2 outlines the commencement dates for the Regulations, with the amendment concerning the Federal Magistrates Court commencing on the day after the Regulations are registered on the Federal Register of Legislative Instruments, and the removal of the Office of Film and Literature Classification (OFLC) and the Classification Boards commencing on the day on which Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2007 commences. Regulation 3 specifies the amendments to the FMA Regulations, which are detailed in Schedules 1 and 2. The Regulations impose specific obligations and requirements on the agencies and entities they govern. The amendment concerning the Federal Magistrates Court requires that all references to the “Federal Magistrates Court” in the FMA Regulations be updated to “Federal Magistrates Court of Australia.” This change is designed to align with the removal of references to the “Federal Magistrates Service” in the Annual Appropriation Acts. Additionally, the Regulations remove the OFLC and the Classification Review Board and Classification Board from the list of prescribed Agencies under the FMA Act. This change reflects the integration of the OFLC into the Attorney-General’s Department (AGD) and the continued role of the Classification Boards as statutory bodies within the Classification (Publications, Films and Computer Games) Act 1995. Failure to comply with the Financial Management and Accountability Act 1997 (FMA Act) and the Regulations may result in various penalties and consequences. While the Regulations themselves do not specify particular offences or penalties, breaches of the FMA Act can result in significant consequences. The FMA Act includes provisions for disciplinary action against public officials who fail to comply with its requirements, including dismissal, demotion, or other disciplinary measures. Additionally, the Act empowers the Auditor-General to audit the accounts and financial management practices of prescribed Agencies, and non-compliance with audit requirements can lead to further investigation and potential legal action. The specific penalties for non-compliance with the FMA Act and its Regulations depend on the nature and severity of the breach, but can include both civil and criminal consequences.