Treasury Regulations (Amendment)

Overview

Statutory Rules 1910 No. 72, the amendment of Treasury Regulations under the Audit Acts 1901-1906, was enacted to address specific issues concerning the payment of salaries in cases where officers were unable to draw their pay due to leave or duty-related absences. This legislative instrument was issued by the Governor-General in Council, acting on the advice of the Federal Executive Council. The policy objective of this amendment was to ensure that payment orders for salaries were appropriately authorised and controlled, particularly when the payee was not an officer of the Commonwealth Public Service or a member of the Military or Naval Forces. This was intended to provide a framework for the proper issuance and recognition of payment orders to prevent potential misuse or error in salary disbursements.

Scope and Application

The Statutory Rules 1910, No. 72, which amend the Treasury Regulations under the Audit Acts 1901-1906, apply to the Commonwealth of Australia and specifically address the procedures for payment of salaries to officers of the Commonwealth Public Service, as well as members of the Military or Naval Forces. This legislative instrument modifies the existing regulations to stipulate that an order for salary payment can only be issued if the officer is unable to collect their pay in person due to leave or absence on duty. Furthermore, if such an order is made in favour of someone other than an officer of the Commonwealth Public Service or a member of the Military or Naval Forces, it will only be recognised if it has been approved in writing by the authorizing officer or the senior officer at the station where the payment is to be made. The amendment supersedes the earlier Provisional Regulation (Statutory Rules 1910, No. 40) made on April 27, 1910, and comes into immediate effect as declared by the Governor-General in accordance with the advice of the Federal Executive Council. This regulation ensures clarity and accountability in the payment processes for these specific groups within the Commonwealth.

Key Provisions

The main operative sections of this statutory rule (C1910L00072) involve the amendment of Treasury Regulations under the Audit Acts 1901-1906, specifically altering clause 96 (d) concerning payment orders for Commonwealth officers. The new provision states that an order for payment of salary is only valid when an officer is unable to draw their pay in person due to leave or absence on duty (section 96 (d)). Furthermore, if the payment order is made in favour of someone other than a Commonwealth Public Service officer or a member of the Military or Naval Forces, it will only be recognised if it is approved in writing by the authorising officer or the senior officer at the station where payment is made (section 96 (d)). The obligations and requirements imposed by this Act are primarily administrative and procedural. They necessitate that payment orders adhere strictly to the conditions outlined in the amended clause 96 (d). For instance, payment orders must be issued only when an officer is unable to collect their salary personally, and any order made in favour of someone outside the specified categories must have explicit written approval from the relevant authority. This ensures that payments are made in a controlled and authorised manner, preventing potential misuse or errors in salary distribution. Failure to comply with the provisions of this Act can result in serious consequences. Specifically, if a payment order is issued in violation of the amended clause 96 (d), it may not be recognised, leading to potential delays or denial of payment. While the statutory rule does not explicitly detail criminal or civil penalties, the non-recognition of unauthorised payment orders could have significant implications for both the payee and the issuing authority, potentially leading to financial and administrative complications. The Act also underscores the importance of proper authorisation and oversight in financial transactions, particularly those involving Commonwealth officers. By requiring written approval for certain payment orders, it aims to maintain integrity and accountability in the payment process. Any breach of these requirements, although not explicitly penalised in the text, could lead to investigations or disciplinary actions under broader administrative or financial regulations.