Treasury Regulations (Amendment)

Overview

The Statutory Rules 1915 No. 24, which amends the Treasury Regulations under the Audit Act 1901-1912, was enacted to address the need for greater transparency and accountability in government spending. This amendment, issued by the Governor-General in Council, aimed to ensure that all government contracts, excluding those for the Department of Home Affairs, are subject to public tender processes, thereby promoting fairness and competitive pricing. Additionally, the amendment extends the public tender requirement to works and supplies executed at and issued from Commonwealth or State Government Printing Offices or Commonwealth Factories. The policy objective behind this amendment is to enhance the integrity of public procurement processes and ensure that government resources are utilised efficiently and economically.

Scope and Application

The legislative instrument 1915L00024 pertains to an amendment of the Treasury Regulations under the Audit Act 1901-1912, which serves to modify the scope of the procurement process for works and supplies within the Commonwealth of Australia. Specifically, it mandates that tenders must be publicly invited and contracts awarded for all works and supplies, with the notable exception of those for the Department of Home Affairs. Furthermore, the amendment extends this requirement to works executed at and supplies issued from Commonwealth or State Government Printing Offices or Commonwealth Factories, thereby ensuring transparency and accountability in government procurement practices. The amendment is set to supersede the Provisional Regulation established in 1914, indicating a progressive refinement in regulatory oversight. This amendment applies nationally across the Commonwealth, ensuring uniformity in procurement practices and adherence to the principles of the Audit Act.

Key Provisions

The primary operative sections of this statutory rule (Statutory Rules 1915, No. 24) concern amendments to the Treasury Regulations under the Audit Act 1901-1912. Specifically, Clause 61 is amended to include a new requirement that tenders must be publicly invited and contracts taken for all works and supplies, except for those of the Department of Home Affairs, and works executed at or supplies issued from Commonwealth or State Government Printing Offices or Commonwealth Factories (Clause 61). This amendment supersedes the Provisional Regulation (Statutory Rules 1914, No. 84) made on 24 June 1914. The Act imposes obligations on relevant parties and entities, particularly those involved in procurement processes for works and supplies. This includes ensuring that all tenders for such works and supplies are publicly invited, with the exception of those handled by the Department of Home Affairs. Additionally, works executed at or supplies issued from Commonwealth or State Government Printing Offices or Commonwealth Factories must also adhere to the same tendering requirements. This ensures transparency and fairness in the procurement process for government works and supplies. Failure to comply with the requirements of this statutory rule may result in various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the text, it is implicit that non-compliance could lead to legal repercussions. Given the context of public procurement and the need for accountability, breaches could potentially incur penalties under the Audit Act 1901-1912 or other relevant legislation. The maximum penalties for such breaches, however, are not explicitly stated in the statutory rule itself and would need to be referred to in the primary Act or related regulations. In summary, the statutory rule amends the Treasury Regulations to mandate public tendering for all works and supplies except those of the Department of Home Affairs and those executed at or issued from Commonwealth or State Government Printing Offices or Commonwealth Factories. Compliance with these requirements is essential to maintain transparency and accountability in government procurement processes, with potential legal consequences for non-compliance.