PUBLIC ACCOUNTS COMMITTEE
AMENDMENT ACT 1976
No. 70 of 1976
An Act to amend the Public Accounts Committee Act 1951-1973.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Public Accounts Committee Amendment Act 1976.
(2) The Public Accounts Committee Act 1951-1973 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Public Accounts Committee Act 1951-1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Joint Committee of Public Accounts.
3. Section 5 of the Principal Act is amended by adding at the end thereof the following sub-section:–
“(6) At any time at which–
(a) there is constituted a Standing Committee of the House of Representatives known as the Expenditure Committee; and
(b) the Chairman of that Committee is not a member of the Joint Committee of Public Accounts by virtue of an appointment under sub-section (2),
that Chairman shall, by virtue of his office as Chairman of the Expenditure Committee, be a member of the Joint Committee of Public Accounts in addition to the members referred to in sub-section (1), but is not eligible to be elected as Chairman of the last-mentioned Committee.”.
Formal amendments.
4. The Principal Act is amended as set out in the Schedule.
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SCHEDULE Section 4
FORMAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act or of another Act, and substituting that number expressed in figures:—
Sections 8, 9(3), 11(6), 15, 16 and 21(1).
2. The following provisions of the Principal Act are amended by omitting the words “of this section” and “of this Act” (wherever occurring):—
Sections 11(3)(b), 11(5), 15, 16 and 23(2).
3. The following provisions of the Principal Act are amended by omitting the words “to this Act”:—
Sections 10(2), 13(2) and 14(2).
Overview
The Public Accounts Committee Amendment Act 1976 was enacted by the Parliament of Australia with the primary objective of updating the Public Accounts Committee Act 1951-1973 to reflect changes in parliamentary practices and structures. This Act introduces amendments to ensure that the Joint Committee of Public Accounts remains effective and representative, particularly in the context of the relationship between the Joint Committee and the Standing Committee of the House of Representatives known as the Expenditure Committee. The Act also seeks to modernise certain formal aspects of the Principal Act, such as the numbering and phrasing of sections, to enhance clarity and ease of reference.
The Public Accounts Committee Amendment Act 1976 is a response to the evolving needs of parliamentary oversight and accountability mechanisms. It ensures that the Joint Committee of Public Accounts continues to function efficiently and maintains its role in scrutinising public accounts and related matters. By addressing the gap in the representation of the Chairman of the Expenditure Committee within the Joint Committee, the Act aims to strengthen the oversight capabilities of the Committee, thereby enhancing the accountability of public expenditure and financial management in Australia.
Scope and Application
The Public Accounts Committee Amendment Act 1976 amends the Public Accounts Committee Act 1951-1973, and it applies to the conduct and operations of the Joint Committee of Public Accounts, specifically in relation to its membership and the formal structure of the Committee as outlined in the Principal Act. This Act applies to the Parliament of the Commonwealth of Australia, specifically targeting the House of Representatives and the Joint Committee of Public Accounts. The Act extends its application to the Chairman of the Standing Committee of the House of Representatives known as the Expenditure Committee, who, under specific circumstances, becomes a member of the Joint Committee of Public Accounts. However, the Act makes it clear that such a member is not eligible to be elected as Chairman of the Joint Committee of Public Accounts. The Act's provisions are designed to ensure that the Joint Committee of Public Accounts operates effectively by clarifying the membership roles and eligibility for the Chairmanship within the Committee. Additionally, the Act makes several formal amendments to the Principal Act, such as converting textual representations of numbers to numerical figures and removing certain phrases to improve clarity and consistency in the legislative text. These amendments do not change the substantive law but are intended to streamline the legislative language for better understanding and application.
Key Provisions
The Public Accounts Committee Amendment Act 1976 primarily focuses on updating and refining the Public Accounts Committee Act 1951-1973. Section 1 establishes the citation of the Act and refers to the Principal Act. Section 2 provides that the Act comes into effect on the day it receives the Royal Assent. Section 3 introduces an amendment to Section 5 of the Principal Act, stipulating that the Chairman of the Expenditure Committee shall be a member of the Joint Committee of Public Accounts if they are not already a member by virtue of another appointment, but cannot be elected as the Chairman of the Joint Committee. Section 4 directs that the Principal Act shall be amended as detailed in the Schedule.
The Act imposes certain obligations on the parties it governs. The most significant obligation is that the Chairman of the Expenditure Committee must become a member of the Joint Committee of Public Accounts under the specified conditions. This requirement ensures that the Joint Committee has representation from the Expenditure Committee, fostering better coordination and oversight between the two entities. Additionally, the Act requires formal amendments to the Principal Act, such as changing section numbers from words to figures and removing certain phrases to streamline the legislation.
In terms of consequences for breach, the Act does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, given the nature of parliamentary committees and the importance of their roles, any failure to adhere to the requirements set forth in the Act could potentially result in procedural issues or challenges to the legitimacy of decisions made by the Joint Committee of Public Accounts. Although not stated in the text, breaches of parliamentary rules and procedures can lead to various consequences, including formal reprimands or the need for corrective measures to ensure compliance with legislative mandates.