Treasury Regulations (Amendment)

Overview

The Statutory Rules 1916, No. 92, pertains to amendments of the Treasury Regulations under the Audit Act 1901–1912, which was enacted to refine and update the procedures and governance surrounding financial audits and related payments within the Commonwealth of Australia. This legislative instrument was introduced to address procedural gaps and to ensure clarity and efficiency in the administration of financial claims and payments as approved by the Treasurer or a delegated official. The amendment to Treasury Regulation 96k is particularly significant as it specifies that payments can now be approved for individuals other than the original claimant, which enhances the flexibility and responsiveness of the audit process. The enactment of this amendment was carried out by the Governor-General in accordance with the advice of the Federal Executive Council, ensuring that the changes are legally binding and effective immediately upon their publication. This legislative action underscores the commitment to maintaining robust financial oversight and accountability within the government’s financial operations.

Scope and Application

The Statutory Rules 1916, No. 92, made under the Audit Act 1901–1912, constitutes an amendment to the Treasury Regulations, specifically targeting the regulation numbered 96k. This legislative instrument is designed to adjust the procedural framework within which payments are approved under the Act, with the intent to supersede the Provisional Regulation (Statutory Rules 1915, No. 243) previously established on the fifteenth day of December, 1915. The amendment applies to any individual or entity that is not the original claimant for payment, provided that such payment has been approved by the Treasurer or a person deputed by him. This alteration reflects a Commonwealth-wide adjustment, affecting entities and individuals involved in transactions under the purview of the Audit Act 1901–1912 across Australia. No specific exclusions or exemptions are mentioned in the text, and the regulation extends its application to the entire Commonwealth, ensuring consistency and clarity in the payment approval process as overseen by the Treasurer.

Key Provisions

The primary operative section of these statutory rules (1916, No. 92) involves the amendment of Treasury Regulations under the Audit Act 1901–1912 (section 1). Specifically, it repeals Treasury Regulation 96k and inserts a new regulation in its place (section 2). The new regulation allows for payment to be made to any person other than the original claimant, provided the Treasurer or a person deputed by them approves the payment (section 2). These statutory rules impose specific obligations and requirements on the entities governed by them. The Treasurer or a deputed person must approve any payment to be made to a party other than the original claimant (section 2). This approval process ensures that the payments are made to the appropriate parties and that the regulations are adhered to correctly. The insertion of this regulation aims to provide flexibility in the payment process while maintaining oversight and control by the relevant authorities. Breach of the provisions outlined in these statutory rules can lead to various civil or criminal consequences. While the specific penalties are not detailed in the text, it is reasonable to infer that non-compliance with the regulations could result in legal action. The penalties for such breaches could potentially include fines or other legal repercussions, depending on the severity and nature of the violation. It is important for entities governed by these regulations to understand and comply with the rules to avoid any potential legal consequences.