Financial Regulations of the Territory of Papua (Amendment) (Provisional)

Overview

The Statutory Rules of 1912, No. 194, titled "Provisional Regulations Under the Papua Act 1905," were enacted by the Governor General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument was introduced to address administrative and regulatory gaps in the management of finances and requisitions within the territory of Papua, as governed by the Papua Act 1905. The urgency of these regulations is underscored by their immediate operation, reflecting the need for prompt administrative measures in the region. The policy objective, as stated, is to ensure proper financial oversight and control, including the certification process for public service requisitions and the recording of revenue details by the Commissioner for Lands.

Scope and Application

The Provisional Regulations under the Papua Act 1905 apply to the administration and financial management of the Territory of Papua, which was a mandated territory under Australian control. The regulations pertain to the management of revenue, the certification of public service requisitions, and the recording of financial transactions, particularly those related to lands, mines, survey, and agriculture. They dictate specific procedures for the Treasurer and the Commissioner for Lands, including the forwarding and recording of revenue cash books and the certification of requisitions by Certifying Officers. These regulations are designed to ensure that financial transactions and public service requisitions are properly authorised, documented, and recorded. The regulations apply to public officials, including the Treasurer, Commissioner for Lands, and Certifying Officers, as well as to any entity or individual involved in financial transactions within the territory. The geographic reach of these regulations is confined to the Territory of Papua. The application of the regulations may be extended or further defined by subordinate instruments, which could provide additional details or clarifications to the procedures outlined in the main act.

Key Provisions

The key operative sections of the Provisional Regulations under the Papua Act 1905 include Regulation No. 32 which mandates that, along with collections, a transcript of the cash book must be provided. Regulation No. 33, introduced in lieu of repealed Regulations Nos. 32a and 33, stipulates that the Treasurer must forward the transcripts of the Revenue Cash Books to the Commissioner for Lands. The Commissioner is then required to record the revenue details under the heads of Lands, Mines, Survey, and Agriculture in his registers, and return the transcripts to the Treasurer within three days. Regulation No. 83 adds an additional 5% to the costs stated, while Regulation No. 85 now requires requisitions for public service articles to be submitted in duplicate and sent to the Certifying Officer controlling the vote under which the expenditure is proposed. Regulation No. 85a further specifies that upon receipt of a requisition, the Certifying Officer must certify it if satisfied that the requisition meets certain criteria, including that the amount is not under-estimated and is a proper charge on government funds. The Act imposes several obligations on the parties it governs. The Treasurer must ensure that the transcripts of the Revenue Cash Books are forwarded to the Commissioner for Lands and that these transcripts are returned within three days. The Commissioner for Lands is required to record the revenue details in his registers. The Certifying Officer must verify that requisitions meet specific criteria before certifying them, including that the amount is correctly stated and that there are sufficient funds available for the proposed expenditure. The Certifying Officer must also ensure that the form and details of the requisition are as expected under the circumstances. Failure to comply with the provisions of these regulations can lead to significant consequences. For example, under-estimating the amount required for goods or services in a requisition can result in the Certifying Officer refusing to certify the requisition. Similarly, if a requisition for the same stores and services has already been certified, the Certifying Officer may decline to certify a new one. Additionally, if the legal appropriation of revenue does not suffice for the payment of the requisition, or if the funds are insufficient, the Certifying Officer must not certify the requisition. The precise penalties for breach are not explicitly stated in the regulations, but the consequences likely include the non-approval of requisitions and potential financial discrepancies that could be subject to further investigation or legal action.