Passports Regulations (Amendment)

Overview

The Financial Management and Accountability Amendment Regulations 2002 (No. 3) were enacted to amend the Financial Management and Accountability Regulations 1997 and were issued under the authority of the Minister for Finance and Administration. This legislation was introduced to address the need for the Bureau of Meteorology to be incorporated as a prescribed agency under the Financial Management and Accountability Act 1997 (FMA Act). By doing so, it ensures that the Bureau of Meteorology is held accountable for its expenditure and use of public money, public property, and other Commonwealth resources. Furthermore, the regulations also update the note to reflect that the Bureau of Meteorology is now an Executive Agency under the Public Service Act 1999, effective from 1 July 2002. This amendment ensures that the Director of the Bureau, as head of the agency, has the appropriate management and accountability responsibilities in line with the Public Service Act 1999. The Regulations were designed to provide a cohesive framework for financial management and accountability across all prescribed agencies within the Commonwealth.

Scope and Application

The Financial Management and Accountability Amendment Regulations 2002 (No. 3) amends the Financial Management and Accountability Regulations 1997 to incorporate the Bureau of Meteorology as a prescribed agency under the Financial Management and Accountability Act 1997. This amendment ensures that the Bureau, as a Commonwealth entity, is subject to the rules and framework governing the proper management of public money and public property. The regulations mandate that the Bureau of Meteorology, which became an Executive Agency under the Public Service Act 1999 on 1 July 2002, is accountable for its expenditure and use of public resources as stipulated by the FMA Act. The Director of the Bureau, as the head of this agency, is now vested with the powers of an Agency Head, thereby assuming management and accountability responsibilities for public funds, property, and other Commonwealth resources. The regulations are designed to provide a structured approach to financial management and accountability within the Bureau, ensuring compliance with the overarching legislative framework.

Key Provisions

The Financial Management and Accountability Amendment Regulations 2002 (No. 3) amend the Financial Management and Accountability Regulations 1997 under the authority granted by the Financial Management and Accountability Act 1997 (FMA Act). The main operative sections of these regulations (sections 3 and 4) include the designation of the Bureau of Meteorology as a prescribed agency under the FMA Act. This designation, outlined in section 3, means that the Bureau is now responsible for managing public money, public property, and other Commonwealth resources in accordance with the FMA Act. Additionally, section 4 updates the list of prescribed agencies to reflect that the Bureau of Meteorology is also considered an Executive Agency under the Public Service Act 1999, effective from 1 July 2002. These regulations impose specific obligations and requirements on the Bureau of Meteorology as a prescribed agency. As such, the Director of the Bureau, who serves as the head of the agency, assumes the role and responsibilities of an Agency Head under the Public Service Act 1999. This includes managing public resources effectively and ensuring accountability for their use. The Bureau is now subject to the framework provided by the FMA Act, which governs the proper management and accountability of public funds and property. This framework necessitates the Bureau to adhere to stringent financial management practices, maintain proper records, and report on its financial activities as required by the Act. The regulations also set out the consequences for breaches of the FMA Act. While the specific offences, penalties, or civil/criminal consequences for non-compliance are not detailed in the explanatory statement, the FMA Act itself provides a comprehensive set of penalties for breaches. These can include fines, imprisonment, or other penalties as prescribed by the Act. The Act also allows for civil actions to be taken against individuals or entities that misuse public funds or property. The precise penalties would depend on the nature and severity of the breach, as well as any applicable provisions within the FMA Act. The amendments ensure that the Bureau of Meteorology is held to the same standards of financial management and accountability as other prescribed agencies.