Treasury Regulations (Amendment)

Overview

The Treasury Regulations under the Audit Act 1901-1920, enacted in 1921, were introduced to streamline and enhance the auditing and financial management processes of the Commonwealth of Australia. This legislative instrument was created by the Governor-General in accordance with the Federal Executive Council’s advice, reflecting the need for improved regulation and oversight in public financial management. The primary objective of these regulations is to ensure that the financial transactions within the Commonwealth are accurately recorded, properly certified, and transparently audited, thereby reinforcing accountability and integrity in public spending. The regulations provide specific guidelines for the handling of cheques from trust accounts, the certification of accounts, and the dispensation of salaries and other payments, ensuring adherence to the provisions outlined in the Audit Act 1901-1920.

Scope and Application

The Treasury Regulations under the Audit Act 1901-1920 govern the financial management and auditing procedures within the Commonwealth of Australia, applying to various Commonwealth entities and personnel involved in the management and certification of financial accounts. These regulations are specifically tailored to enhance the auditing process, ensuring transparency and accountability in financial transactions. They cover aspects such as the handling of cheques drawn on trust accounts, the certification of accounts, and the management of salary payments. These regulations apply to all public officers and departments within the Commonwealth, ensuring uniformity and compliance across different government entities. The geographic reach of these regulations is national, extending throughout the Commonwealth of Australia. While the regulations set forth comprehensive guidelines, they also provide for certain exemptions and flexibility through the Treasurer’s discretion, allowing for tailored arrangements in specific departments subject to his approval. The regulations are further extended through subordinate instruments, such as forms and certificates, which are integral to their implementation.

Key Provisions

The new Regulations under the Audit Act 1901-1920 primarily concern the management and certification of financial accounts and payments within government departments. Section 34a introduces a specific process for handling cheques drawn on Collector's Trust Accounts or Receiver's Trust Accounts, where the indorsement on these cheques serves as a receipt for payment (Section 34(6) of the Audit Act 1901-1920). These cheques must be crossed, payable to order, and marked "Not negotiable". Each day, the bank returns the cheques to the respective Collector or Receiver, along with a schedule; one copy of which must be signed by the Collector or Receiver, acknowledging receipt. The Collector or Receiver is then responsible for checking the indorsement, marking the cheques off in the Cash Book, and attaching them to the relevant accounts. Under the amended Regulation 55, Form 14a is added to the list of permissible forms. Regulation 64 now requires that the requisition be forwarded to the Certifying Officer immediately after the order is issued. The Certifying Officer must detach the order from the account and attach it to the requisition, making a memorandum on both documents that the account has been certified. The order number must also be quoted on the account, and both the requisition and the order must be retained within the department. Regulations 112(c), 112(e), and the associated forms, Nos. 32 and 35, have been repealed. Regulation 116 has been updated to require that acquitted vouchers and cash unpaid must be furnished to the Paymaster within three days of receiving an advance, or within a period directed by the Treasurer. The Paymaster must then hand over the unpaid cash, along with Form 36, to the Receiver of Public Moneys to facilitate repayment to the Public Account. A new Regulation 116a states that receipts for salaries, wages, and allowances may be dispensed with if the Treasurer approves, but a certificate of payment must be provided by the officer who made the payment and another officer witnessing the payment. This certificate must be on the pay sheet in Form 14a. The witnessing officer should ideally be the officer in charge of the branch or a senior officer where the employees are based. However, for payments made to holders of Form 33 or to persons unable to attend the general payment, individual receipts must be obtained on a separate Form 14 and attached to the original pay sheet if paid within the adjustment period. The Treasurer must approve the detailed payment arrangements for each department. The Regulations do not explicitly state any offences or penalties for breaches. However, given the context of the Audit Act 1901-1920 and the nature of the amendments, it can be inferred that any non-compliance with these requirements could lead to legal consequences, such as audits, investigations, or disciplinary actions against the involved officers or departments. The precise nature and extent of these consequences would depend on the specific circumstances and the prevailing laws at the time of any alleged breach.