Treasury Regulations (Amendment)

Overview

The Statutory Rules of 1940, No. 145, made under the Audit Act 1901-1934, were enacted to amend the Treasury Regulations in light of the growing national security concerns during World War II. The regulation, issued by the Governor-General acting on the advice of the Federal Executive Council, aimed to ensure that the Commonwealth could effectively manage and procure necessary defence-related works, supplies, and services. This legislative instrument addresses the need to streamline and prioritise government spending on defence efforts by modifying existing tendering and contracting processes to explicitly include defence-related activities. The policy objective was to facilitate more efficient and timely procurement processes for defence-related items, thereby supporting the national effort during a critical period of global conflict.

Scope and Application

This statutory instrument, issued under the Audit Act 1901-1934, pertains to the amendment of the Treasury Regulations, specifically targeting Regulation 67. The regulation modifies the existing framework for tendering and contracting for works, supplies, and services within the Commonwealth, particularly emphasising those related to the defence of the Commonwealth. This amendment applies to all entities and persons engaged in executing, furnishing, or performing works, supplies, and services within the geographic jurisdiction of the Commonwealth of Australia. The regulation's scope extends to ensuring that tenders are invited and contracts are awarded in accordance with the specified criteria, particularly highlighting defence-related activities. The amendment introduces new provisions and modifies existing ones to streamline the process and ensure that defence-related procurement adheres to stringent standards. There are no specific exclusions or exemptions mentioned in the text, and the application of these regulations is not restricted by thresholds. The regulation is a direct extension of the Audit Act 1901-1934 and is intended to be enforced through subordinate instruments as necessary.

Key Provisions

The main operative sections of the Statutory Rules 1940, No. 145, pertain to the amendment of Regulation 67 of the Treasury Regulations under the Audit Act 1901-1934. Specifically, the regulation modifies existing provisions to encompass works, supplies, and services related to the defence of the Commonwealth. Sub-regulation (1) now includes a requirement that services be executed, furnished, or performed within the Commonwealth. Additionally, sub-regulation (2) has been altered by omitting a redundant conjunction and adding a new clause (k) to specify that tenders must be invited and contracts taken for works, supplies, and services relating to the defence of the Commonwealth. These amendments impose clear obligations on relevant parties, requiring them to ensure that any works, supplies, or services intended for the defence of the Commonwealth are tendered and contracted in accordance with the stipulated regulations. This includes adherence to the procedures outlined in Regulation 67, ensuring transparency and accountability in the procurement process for defence-related activities. Failure to comply with the provisions of these regulations may result in legal consequences. While the statutory rules do not explicitly outline specific offences or penalties within the text, breaches of the Audit Act 1901-1934 or the amended Treasury Regulations could potentially lead to civil or criminal proceedings. In such cases, the severity of the penalties would depend on the nature and extent of the breach, as well as any relevant case law or subsequent legislation. It is important for entities involved in defence-related procurement to carefully adhere to the regulations to avoid any potential legal repercussions.