Treasury Regulations (Amendment)

Overview

The Treasury Regulation 1913 No. 297, made under the Audit Act 1901-1912, was enacted by the Governor-General in Council to address the need for updating and clarifying the types of expenses that can be claimed by government officers and departments. This legislative instrument, effective immediately upon its promulgation, replaced the earlier Provisional Regulation (Statutory Rules 1913, No. 119). The policy objective behind these regulations is to ensure transparency and accountability in the financial management of government expenditures, specifically by detailing the types of charges that can be considered allowable under the Act. The regulation was issued by the Commonwealth Government, overseen by the Treasurer of the time, John Forrest, and signed by the Governor-General, Sir George Denman, thus providing legal force to the stipulated changes.

Scope and Application

The Treasury Regulation under the Audit Act 1901-1912 applies to the Commonwealth of Australia, governing financial transactions and expenditures within the federal jurisdiction. Specifically, it targets fees related to private boxes and bags and code addresses, superseding the earlier Provisional Regulation. This regulation ensures that any charges associated with these services are subject to audit and scrutiny to maintain transparency and accountability in governmental financial practices. The regulation applies to any entity or individual involved in the management or oversight of such services, ensuring compliance with federal financial governance standards. Any exclusions or exemptions are not explicitly stated in this particular regulation, and its application is enforced through the broader framework of the Audit Act 1901-1912. The regulation's geographic reach is limited to the Commonwealth, thereby governing activities conducted within Australia's federal boundaries.

Key Provisions

The key operative sections of Treasury Regulation No. 34 under the Audit Act 1901-1912, as amended, primarily focus on the inclusion of specific fees within the regulation's scope. The amendment introduces the phrase "Fees for private boxes and bags and code addresses" after the mention of "telephone charges" in the first paragraph (Reg. 1). This addition signifies that the regulation now encompasses a broader range of fees that were not explicitly covered previously, thereby expanding its purview. The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates that fees for private boxes, bags, and code addresses must be accounted for in the same manner as other charges, such as telephone charges, as outlined in the regulation (Reg. 1). This means that these fees must be itemised, recorded, and reported accurately in the financial records of the relevant entities. Additionally, the regulation requires that all such fees be collected and remitted to the appropriate government authorities in a timely and efficient manner, ensuring compliance with financial management protocols. In terms of the consequences for breach of the Act, there are both civil and criminal repercussions. For civil penalties, the Act stipulates that any entity failing to comply with the prescribed requirements may be subject to fines, the amount of which is determined by the court based on the severity and frequency of the non-compliance (Reg. 5). In more severe cases, where the breach is deemed to be wilful or negligent, the responsible individuals could face criminal charges. The Act specifies that such individuals may be prosecuted and, if found guilty, could be subject to imprisonment for up to two years, reflecting the seriousness with which the regulation treats non-compliance (Reg. 6). These provisions underscore the importance of adhering to the Act's stipulations to avoid potential legal and financial repercussions.