Treasury Regulations (Amendment)

Overview

The Statutory Rules 1965 No. 32, made under the Audit Act 1901-1964, were introduced to amend the Treasury Regulations and address the need for a more comprehensive application of audit and financial management standards across Commonwealth operations. Enacted by the Governor-General in Council, this legislative instrument aimed to ensure that the regulations governing the financial affairs of the Commonwealth are uniformly applied, including to territories and operations outside Australia. The policy objective, as outlined in the regulation, is to provide clarity on the scope and application of these financial management standards, ensuring they are consistently applied to all relevant Commonwealth entities and personnel regardless of their location or status.

Scope and Application

The Statutory Rules 1965 No. 32, which are Regulations under the Audit Act 1901-1964, delineate the scope and application of the Treasury Regulations. These Regulations apply to all Australian territories but exclude any territories that do not form part of the Commonwealth and their operations, revenues, moneys, or stores. Furthermore, these Regulations extend to individuals employed in the service of the Commonwealth, regardless of their citizenship, and encompass their functions, powers, duties, and responsibilities. However, they do not apply to the affairs and transactions of the Parliamentary Refreshment Rooms, except those involving the expenditure of moneys for which the Consolidated Revenue Fund has been appropriated. The Regulations can be modified or exempted through directions issued under section 63 of the Audit Act, and they are applicable outside Australia and the Territories to any person employed by the Commonwealth.

Key Provisions

The main operative sections of this legislative instrument (Regulation 5a) introduce new provisions to the Treasury Regulations under the Audit Act 1901-1964. Regulation 5a(1) clarifies that these Regulations extend to all territories but exclude territories that are not part of the Commonwealth or its operations. Regulation 5a(2) specifies that these Regulations apply to individuals employed in the service of the Commonwealth, regardless of their citizenship, and encompasses their functions, powers, duties, and responsibilities, as well as public moneys and other matters outlined in these Regulations. Regulation 5a(3) explicitly excludes certain affairs and transactions, particularly those related to the Parliamentary Refreshment Rooms unless they involve expenditure from the Consolidated Revenue Fund. The obligations and requirements imposed by these Regulations are significant for both the Commonwealth and its employees. For the Commonwealth, the Regulations mandate adherence to the outlined provisions for territories under its jurisdiction. For employees, the Regulations impose the obligation to comply with the functions, powers, duties, and responsibilities defined in the Regulations, especially in relation to the handling of public moneys and other specified matters. Additionally, the Regulations clarify that certain transactions related to the Parliamentary Refreshment Rooms are exempt unless they involve funds from the Consolidated Revenue Fund. Breach of these Regulations can result in various consequences, both civil and criminal. While specific offences and penalties are not detailed in the provided text, the overarching framework of the Audit Act 1901-1964 would typically impose penalties for non-compliance. These could include fines, restitution of misappropriated funds, and potential criminal charges for serious breaches, depending on the nature and severity of the violation. The exact penalties would be determined by the courts in accordance with the applicable laws and regulations.