Financial Management and Accountability Amendment Regulations 1999 (No. 2) 1999 No. 45
EXPLANATORY STATEMENT
STATUTORY RULES 1999 No. 45
Issued by the authority of the Minister for Finance and Administration
Financial Management and Accountability Act 1997
Financial Management and Accountability Amendment Regulations 1999 (No. 2)
The attached Statutory Rules make regulations under subsection 65(1) of the Financial Management and Accountability Act 1997 (the Act) to amend the Financial Management and Accountability Regulations.
The amendments are to the Schedule to the regulations which lists the Agencies which are prescribed for the purposes of the definition of "Agency" in section 5 of the Act. In addition to Departments of State and Departments of the Parliament, section 5 of the Act includes in the definition of "Agency", "a prescribed Agency" being an organisational unit which is to be regarded, for the purposes of the Act, as a separate Agency from the Department of State within the portfolio. Regulation 5 prescribes all such Agencies by reference to the Schedule to the regulations. The Schedule names those Agencies, defines the persons which they comprise and specifies the Agency Chief Executive.
Details of the regulations are as follows:
Regulation 1
This advises that the name of the regulations is the Financial Management and Accountability Amendment Regulations 1999 (No.2)
Regulation 2
This provides that the amendments are to commence:
a) regulation 1, 2, and 3 and Schedule 1 - on gazettal;
b) Schedule 2 -on the date of commencement of the Australian Radiation Protection and Nuclear Safety Act 1998.
Regulation 3
This provides that Schedules 1 and 2 amend the Financial Management and Accountability Regulations 1997.
Schedule 1 [1-3]
This amends references from 'the Schedule' to 'Schedule 1' in subregulations 5(2), 5(3) and in the heading to the Schedule of prescribed Agencies.
Schedule 1 [4]
This amends the references to the Industrial Relations Act 1988 to refer to the Workplace Relations Act 1996 in the Schedule of prescribed Agencies.
Schedule 1 [5]
This amends references to the Commonwealth Services Delivery Agency to refer to Centrelink in the Schedule of prescribed Agencies, to reflect the change of name of the organisation.
Schedule 1 [6]
This amends the references to the Commonwealth Services Delivery Act 1997 to refer to the Commonwealth Services Delivery Agency Act 1997 in the Schedule of prescribed Agencies.
Schedule 1 [7]
Regulation 7 omits Item 126 of the Schedule which refers to the Industrial Relations Court of Australia (IRC). The financial functions previously managed by the IRC have been taken over by the Federal Court and therefore there is no need to prescribe the IRC as a separate prescribed Agency.
Schedule 1 [8]
This amends references to the Department of Industry, Science and Tourism to the Department of Industry, Science and Resources in accordance with the October 1998 Administrative Arrangements Orders.
Schedule 1 [9]
Regulation 9 omits Item 135 of the Schedule which refers to the Office of Government Information Technology (OGIT). As a result of the Administrative Arrangements Orders, issued in October 1998, the functions of the Office have been absorbed by the Department of Communication, Information Technology and the Arts and there is no need to prescribe the office as a separate agency.
Schedule 2 [1]
Schedule 2 [1] inserts a new Item 114A in the Schedule to make the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) a prescribed agency. The Australian Radiation Protection and Nuclear Safety Act 1988 passed in both Houses of Parliament on 10 November 1998 and took effect on 5 February 1999. The amendments give practical effect to the establishment of ARPANSA as a prescribed Agency for the purpose of the Act.
Overview
The Financial Management and Accountability Amendment Regulations 1999 (No. 2) were issued under the authority of the Minister for Finance and Administration to amend the Financial Management and Accountability Regulations, which are made under the Financial Management and Accountability Act 1997. The primary objective of these regulations is to update the list of prescribed agencies within the Schedule to reflect recent changes in agency names, mergers, and absorptions of functions by other agencies, thus ensuring that the Act's requirements are accurately applied to the current administrative landscape. The amendments were introduced to address the need for precise and up-to-date definitions of agencies subject to the Act's provisions, facilitating effective financial management and accountability across the government. The regulations also incorporate new agencies as prescribed entities, such as the Australian Radiation Protection and Nuclear Safety Agency, ensuring that the Act encompasses all relevant entities established by recent legislative changes.
Scope and Application
The Financial Management and Accountability Amendment Regulations 1999 (No. 2) are statutory rules that amend the Financial Management and Accountability Regulations 1997 under the Financial Management and Accountability Act 1997. These regulations apply to various agencies within the Commonwealth of Australia, including Departments of State, Departments of the Parliament, and prescribed agencies that are organisational units regarded as separate from the Department of State within their respective portfolios. The amendments primarily focus on updating references and schedules to reflect changes in agency names and functions, as well as incorporating new agencies established by recent legislative acts. For example, the regulations update references to align with the Workplace Relations Act 1996, rename the Commonwealth Services Delivery Agency as Centrelink, and adjust department names in accordance with recent administrative arrangements. Additionally, the regulations remove references to agencies whose functions have been absorbed by other departments, such as the Industrial Relations Court of Australia and the Office of Government Information Technology. The amendments are designed to ensure that the regulatory framework remains current and accurately reflects the evolving structure of government agencies.
Key Provisions
The Financial Management and Accountability Amendment Regulations 1999 (No. 2) (the Regulations) primarily amend the Financial Management and Accountability Regulations 1997 (the original Regulations) to update the list of prescribed agencies under the Financial Management and Accountability Act 1997 (the Act). Regulation 5, which prescribes all such agencies, is updated through the amendment of Schedule 1. This Schedule makes several technical amendments to reflect changes in the names and structures of various government agencies and the repeal of certain references.
The Regulations impose several obligations on the entities they govern. Firstly, they require agencies to comply with the updated definitions and references to ensure that financial management and accountability frameworks are applied consistently and effectively across the government. This includes ensuring that the correct agency names and references are used in all financial documentation and reporting. Furthermore, agencies must adapt to the new structural arrangements as outlined in the Regulations, which may involve changes in financial reporting lines or responsibilities.
Failure to comply with the requirements set out in these Regulations can lead to various consequences. While specific offences are not detailed within the explanatory statement, breaches of the Financial Management and Accountability Act 1997 can result in both civil and criminal penalties. Under section 65(1) of the Act, breaches may lead to disciplinary action against public officers, which can include fines, dismissal from service, or both. The maximum penalties for such breaches are not explicitly stated in the explanatory statement, but they are typically defined within the Act itself and can vary depending on the severity and nature of the breach.
In summary, the Financial Management and Accountability Amendment Regulations 1999 (No. 2) update the list of prescribed agencies in the Schedule of the original Regulations, ensuring that financial management frameworks accurately reflect current governmental structures and responsibilities. These amendments require agencies to adhere to the new definitions and references, with potential penalties for non-compliance including disciplinary actions against public officers.