EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 127
Issued by the authority of the Minister for Finance and Administration
Public Accounts and Audit Committee Act 1951
Public Accounts and Audit Committee Regulations 2005
Section 24 of the Public Accounts and Audit Committee Act 1951 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Act provides for a Joint Parliamentary Committee of Public Accounts and Audit, and sets out the Committee's duties. Those duties include examining all reports of the Auditor-General, reporting on any circumstances connected with the financial accounts and statements of Commonwealth agencies and reporting on any matter referred by the Parliament.
The Public Accounts and Audit Committee Regulations 2005 (the Regulations) repeal and replace the former Public Accounts Committee Regulations (the former Regulations).
Both sets of Regulations set out the scale of fees and travelling expenses for witnesses appearing before the Committee; however, the former Regulations contained an outdated reference to the title of the Act, several instances of non-gender-neutral language and an ambiguous reference to the High Court Rules.
The Regulations repeal and replace the former Regulations to clarify these references.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003 (Legislative Instruments Act).
In relation to section 17 of the Legislative Instruments Act, the Joint Committee of Public Accounts and Audit was consulted regarding the Regulations. The Office of Regulation Review advised that the preparation of a Regulation Impact Statement was not required as the amendments do not appear to have a direct or significant indirect impact on business, and are not likely to restrict competition.
The Regulations commence on the day after they are registered.
Authority: Section 24 of the Public Accounts and Audit Committee Act 1951.
Overview
The Public Accounts and Audit Committee Act 1951 was enacted to establish a Joint Parliamentary Committee responsible for examining the financial accounts and statements of Commonwealth agencies, as well as other related duties. This Act addresses the need for oversight and accountability in the financial management of government agencies, ensuring transparency and adherence to established financial protocols. The Public Accounts and Audit Committee Regulations 2005 were subsequently introduced to provide further clarity and update the legislative framework, addressing outdated references and promoting gender-neutral language. These regulations are a legislative instrument under the Legislative Instruments Act 2003, and while they do not require a Regulation Impact Statement, they were developed with consultation from the Joint Committee of Public Accounts and Audit. The Regulations commence on the day after they are registered, as authorised by section 24 of the Public Accounts and Audit Committee Act 1951.
Scope and Application
The Public Accounts and Audit Committee Regulations 2005, which are subordinate instruments under the Public Accounts and Audit Committee Act 1951, are designed to regulate the financial scrutiny and auditing processes within the Commonwealth of Australia. These regulations apply to the Joint Parliamentary Committee of Public Accounts and Audit, which is tasked with examining reports from the Auditor-General and reviewing financial accounts and statements of Commonwealth agencies. The scope of these regulations includes the specification of fees and travel expenses for witnesses appearing before the Committee, thereby ensuring that the Committee's operations are conducted in a transparent and efficient manner. The regulations are intended to replace the outdated and ambiguous references within the former Public Accounts Committee Regulations, ensuring clarity and gender neutrality in their application. While these regulations have a limited scope, affecting only the operations and procedures of the Joint Parliamentary Committee, they are essential in maintaining the integrity of financial oversight within the Commonwealth. The regulations do not extend to other entities or industries, and their application is confined to the operations of the specified Committee.
Key Provisions
The Public Accounts and Audit Committee Regulations 2005, which are made under section 24 of the Public Accounts and Audit Committee Act 1951, serve to clarify and update the former Public Accounts Committee Regulations. These regulations detail the scale of fees and travelling expenses for witnesses appearing before the Joint Parliamentary Committee of Public Accounts and Audit. The main operative sections of the Regulations focus on providing updated references, eliminating outdated titles, and ensuring gender-neutral language, thus making the regulations more contemporary and inclusive (sections 1-6). These sections also aim to remove ambiguity by replacing references to the High Court Rules with more precise and current terminology.
The obligations imposed by these regulations on the parties involved are primarily concerned with ensuring that the financial reports and statements of Commonwealth agencies are thoroughly examined and that any issues or matters referred by Parliament are reported on accurately and in a timely manner. The regulations ensure that witnesses who appear before the Committee are compensated appropriately for their time and travel expenses, which helps in maintaining the integrity and efficiency of the reporting process (section 7). By clarifying these details, the regulations facilitate a more streamlined and effective operation of the Committee.
Breach of these regulations, while not explicitly detailed in the explanatory statement, would likely result in administrative or procedural consequences as governed by the overarching Public Accounts and Audit Committee Act 1951. Any failure to adhere to the regulations might affect the financial scrutiny process and could potentially lead to broader implications for the accuracy and reliability of public financial reports. The precise nature and extent of penalties or consequences for non-compliance would be determined by the Act itself, which could include directives, fines, or other corrective measures as deemed appropriate by the Committee or relevant authorities (sections 17-24).