Treasury Regulations (Amendment)

Overview

The Statutory Rules 1916 No. 194, an amendment of the Treasury Regulations under the Audit Act 1901–1912, was enacted to address the need for clearer and more structured procedures for the payment of cheques drawn on the Commonwealth Public account. This legislative instrument was made by the Governor-General in Council under the authority of the Audit Act 1901–1912, which aimed to ensure accountability and proper management of public funds. The amendment introduces specific requirements for the payment of cheques to designated accounts, including the need for authorisation by an appropriate officer and countersignature by the Sub-Treasury Accountant, thereby enhancing the oversight and control mechanisms within the financial administration of the Commonwealth.

Scope and Application

The Treasury Regulations Amendment under the Audit Act 1901–1912 applies to the Sub-Treasury paymaster, the Sub-Treasury Accountant, and other relevant officers involved in the signing and processing of cheques drawn on the Commonwealth Public Account. The regulation pertains to the payment of cheques to credit Departmental advance accounts, Money Order accounts, or Commonwealth Mint accounts. The regulation's scope is limited to cheques that are to be signed by the Sub-Treasury paymaster, provided they are authorized by an authorizing officer, and it requires these cheques to be countersigned by the Sub-Treasury Accountant, with specific details such as the name of the bank and the account to be credited being written or stamped on the cheque. The geographic reach of these regulations is national, given they are made under the Commonwealth Audit Act. There are no exclusions or exemptions explicitly stated in the regulation, but it does specify that accounts for payment into the Commonwealth Mint account must be prepared on Form 28a. The application of the regulation may also be extended or restricted through other subordinate instruments issued under the authority of the Audit Act.

Key Provisions

The primary operative sections of the legislative instrument C1916L00194 pertain to the amendment of Treasury Regulations under the Audit Act 1901–1912, specifically concerning the procedures for cheques drawn on the Commonwealth Public Account. According to the new regulation, the Sub-Treasury paymaster is authorised to sign cheques if they have been approved by an authorizing officer, as indicated on Form 18 (Section 1). These cheques can be directed to the credit of Departmental advance accounts, Money Order accounts, or Commonwealth Mint accounts. The regulation mandates that every cheque be countersigned by the Sub-Treasury Accountant and clearly indicate the bank and account details on the cheque itself. For payments into the Commonwealth Mint account, Form 28a must be used, which includes details such as the amount of advance required for the purchase of gold to be coined, and must be certified as correct under Section 34 of the Audit Act 1901. The Act imposes several obligations on the involved parties, primarily the Sub-Treasury paymaster and the Sub-Treasury Accountant. The Sub-Treasury paymaster must ensure that cheques are only signed if they have the appropriate authorisation from an authorizing officer, and these cheques must be countersigned by the Sub-Treasury Accountant. Furthermore, the Sub-Treasury Accountant is responsible for verifying the details on the cheque, ensuring that the bank and account information is correctly indicated. The regulation also requires that any account for payment into the Commonwealth Mint account must be prepared on Form 28a and certified as correct by the claimant, who must then direct that the amount be paid to the credit of the Commonwealth Mint account at the Commonwealth Bank of Australia. The legislative instrument also outlines specific consequences for any breaches of the regulations. While the document does not explicitly state the penalties for non-compliance, breaches of the Audit Act 1901–1912 or Treasury Regulations can generally lead to civil or criminal liabilities. Civil penalties can include fines, restitution, or other remedial actions. Criminal penalties can include imprisonment, depending on the severity of the breach and any associated harm caused. The exact penalties would be determined in accordance with the applicable sections of the Audit Act 1901–1912 or other relevant legislation. The seriousness of the breach and the extent of any financial loss or irregularity would be key factors in determining the appropriate penalties.