EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 83n
Issued by the authority of the Minister for Finance and Deregulation
Financial Management and Accountability Act 1997
Financial Management and Accountability Amendment Regulations 2009 (No. 3)
The Financial Management and Accountability Act 1997 (FMA Act) provides a framework of rules for the proper management of public money and public property by Chief Executives and officials of FMA Act agencies.
Subsection 65(1) of the FMA Act provides that the Governor-General in Council may make regulations prescribing matters required or permitted by the FMA Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the FMA Act.
Section 5 of the FMA Act provides that, for the purposes of the FMA Act, a prescribed Agency means a body, organisation or group of persons prescribed by the regulations for the purposes of that definition. Agencies are prescribed in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).
The Human Rights and Equal Opportunity Commission (HREOC) was established under section 7 of the Human Rights and Equal Opportunity Commission Act 1986 (HREOC Act), and is a prescribed agency under the FMA Act. The Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 amends the HREOC Act to rename HREOC as the Australian Human Rights Commission.
The Australian Customs Service (Customs) was established under section 4 of the Customs Administration Act 1985, and is a prescribed agency under the FMA Act. The Customs Legislation Amendment (Name Change) Bill 2009 amends the Customs Administration Act 1985 to rename Customs as the Australian Customs and Border Protection Service.
These amending regulations amend the Principal Regulations to give effect to the renaming of HREOC and Customs.
The amendments ensured that the names in the Principal Regulations are consistent with the annual Appropriation Acts providing appropriations for the 2009-2010 Federal Budget, and consistent with Government policy announcements in regard to the branding and functions of the two agencies.
The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The amendments in Regulations 1 to 3 and Schedule 1, which relate to the two name changes, commenced the day after the Regulations are registered on the Federal Register of Legislative Instruments (FRLI). Schedule 2 commenced when Division 1 of Part 1 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 commenced. This recognises, that as well as changing the name of HREOC to the Australian Human Rights Commission, that Act will also amend the name of the Human Rights and Equal Opportunity Commission Act 1986 to the Australian Human Rights Commission Act 1986.
Overview
The Financial Management and Accountability Amendment Regulations 2009 (No. 3) were enacted to update the Financial Management and Accountability Regulations 1997, following legislative changes that renamed the Human Rights and Equal Opportunity Commission (HREOC) as the Australian Human Rights Commission and the Australian Customs Service as the Australian Customs and Border Protection Service. This legislation was introduced by the Australian Parliament to ensure that the names of these agencies in the regulations are consistent with their newly established identities and functions, as well as with the annual Appropriation Acts for the 2009-2010 Federal Budget. The policy objective of these amendments is to align the regulatory framework with the current branding and operational focus of these agencies, thereby facilitating a more streamlined and coherent management of public resources and properties under the Financial Management and Accountability Act 1997.
Scope and Application
The Financial Management and Accountability Amendment Regulations 2009 (No. 3) are an instrument that modifies the Financial Management and Accountability Regulations 1997, as prescribed under the Financial Management and Accountability Act 1997. These regulations apply to prescribed agencies defined in the Principal Regulations and include the Human Rights and Equal Opportunity Commission, now known as the Australian Human Rights Commission, and the Australian Customs and Border Protection Service, formerly the Australian Customs Service. The regulations were issued to ensure consistency in naming across legislative instruments, particularly in the annual Appropriation Acts for the 2009-2010 Federal Budget and in alignment with recent governmental policy announcements regarding the branding and functions of these agencies. The amendments in Regulations 1 to 3 and Schedule 1, which pertain to the renaming of the agencies, came into effect the day after the regulations were registered on the Federal Register of Legislative Instruments. Schedule 2 of the regulations commenced when specific provisions of the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 took effect, reflecting the renaming of both the Human Rights and Equal Opportunity Commission and the associated legislative act.
Key Provisions
The Financial Management and Accountability Amendment Regulations 2009 (No. 3) amend the Financial Management and Accountability Regulations 1997 to reflect recent legislative changes. Primarily, the regulations update the names of certain agencies in Schedule 1 to align with recent amendments to their respective acts. For instance, Regulation 1 renames the Human Rights and Equal Opportunity Commission to the Australian Human Rights Commission, reflecting the changes enacted by the Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008. Similarly, Regulation 2 updates the name of the Australian Customs Service to the Australian Customs and Border Protection Service, in line with the Customs Legislation Amendment (Name Change) Bill 2009. These changes are intended to ensure consistency across all relevant documentation, including the annual Appropriation Acts and other government communications.
The regulations impose certain obligations on the agencies affected by these name changes. For example, the Australian Human Rights Commission and the Australian Customs and Border Protection Service are required to update their internal and external communications to reflect the new names. This includes updating official documents, websites, signage, and any other materials that reference the agencies by their previous names. Additionally, the agencies must ensure that all records, reports, and other documentation in their possession or under their control are updated to reflect the new names. These obligations are designed to ensure a seamless transition and to avoid confusion or miscommunication.
Failure to comply with the requirements of these regulations could lead to administrative or legal consequences. While the regulations themselves do not explicitly outline penalties for non-compliance, breaches of the Financial Management and Accountability Act 1997 or related legislation could result in significant penalties. For instance, under Section 65 of the FMA Act, individuals or entities found to be in breach of the Act may face civil or criminal penalties. The maximum penalties can include substantial fines and, in some cases, imprisonment. Therefore, it is imperative that the affected agencies adhere to the updated requirements to avoid any potential legal ramifications.