Treasury Regulations (Amendment)

Overview

The Statutory Rules 1965 No. 169, Regulations under the Audit Act 1901-1964, were enacted to amend the Treasury Regulations, which provide the legal framework for financial management and auditing within the Commonwealth. These regulations were introduced to address the need for updated definitions and processes within the financial management system, particularly in the appointment of Chief Accounting Officers and the procurement of works of art. The regulations were made by the Governor-General in Council, reflecting the legislative authority of the Federal Executive Council and the intent to refine the administration of financial regulations. The policy objective behind these amendments is to ensure that financial management practices within Commonwealth departments and the Parliament are efficiently administered and compliant with the latest legal standards.

Scope and Application

The Regulations under the Audit Act 1901-1964, as amended in 1965, serve to refine the administration of financial oversight within Commonwealth departments and the Department of the Parliament. The amendments specifically target the definitions and roles within the Treasury Regulations, introducing the concept of a Chief Accounting Officer appointed by the Minister of State for departments in states or territories and by the President of the Senate or the Speaker of the House of Representatives for parliamentary departments. This delineation ensures that the relevant accounting officer, as specified by these appointments, is appropriately referenced in the application of the Regulations concerning departmental matters. Additionally, the regulations update the scope of works of art subject to Commonwealth procurement processes by including those approved or to be obtained by the Commonwealth Art Advisory Board. These amendments collectively aim to enhance the clarity and specificity of financial management and procurement practices within the Commonwealth framework.

Key Provisions

The main operative sections of these Regulations amend the Treasury Regulations under the Audit Act 1901-1964, with specific changes to the definitions and tender provisions. Regulation 4 removes the definition of "Chief Accounting Officer," which was previously included in the Treasury Regulations. In its place, Regulation 5b (subsections 1 and 2) introduces provisions for the appointment of a Chief Accounting Officer by the Minister of State for a Department in a State or Territory, or by the President of the Senate and the Speaker of the House of Representatives for a Department of the Parliament (section 1). Additionally, Regulation 52 modifies the list of items subject to tender requirements under sub-regulation (2)(e) by removing the word "and" from sub-paragraph (xii) and adding a new sub-paragraph (xiv) to include "works of art approved or to be obtained by the Commonwealth Art Advisory Board" (section 3). The obligations and requirements imposed by these Regulations primarily focus on the appointment and recognition of a Chief Accounting Officer for Departments. For a Minister of State, the obligation is to appoint a Chief Accounting Officer for the relevant Department in a State or Territory (Regulation 5b(1)). Similarly, the President of the Senate and the Speaker of the House of Representatives must appoint a Chief Accounting Officer for a Department of the Parliament (Regulation 5b(2)). These appointments ensure that each Department has a designated person responsible for accounting matters as per the Regulations. Furthermore, the inclusion of "works of art approved or to be obtained by the Commonwealth Art Advisory Board" in the tender requirements underscores the importance of transparent and competitive procurement processes for such items (Regulation 52(a) and (b)). The Regulations do not explicitly detail specific offences, penalties, or civil/criminal consequences for breaches. However, given the context of the Audit Act 1901-1964 and the importance of compliance with financial and accounting regulations, any failure to comply with these obligations could potentially lead to administrative sanctions, financial penalties, or legal actions under the overarching Act. The exact penalties would depend on the nature and severity of the breach, as outlined in the Audit Act itself.