Treasury Regulations (Amendment) (Provisional)

Overview

The Provisional Regulation Amending the Treasury Regulations under the Audit Act 1901-1912, enacted in 1915, was introduced to address an urgent need to modify the existing provisions under the Audit Act. This legislative instrument was enacted by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting a sense of urgency that necessitated immediate action. The policy objective of this regulation was to amend the Treasury Regulations, specifically by repealing Regulation 96k and replacing it with new provisions that allow for payment approval to be extended to individuals other than the original claimant, subject to the Treasurer's approval or the approval of a delegated authority. This change aimed to streamline the process of payments under the Audit Act, ensuring flexibility and efficiency in financial administration.

Scope and Application

The Provisional Regulation Amending the Treasury Regulations under the Audit Act 1901-1912 applies to individuals and entities involved in the approval of payments under the Audit Act 1901-1912, specifically altering the conditions under which payments can be approved to parties other than the original claimant. This regulation is enacted at the Commonwealth level, extending its jurisdiction across the entire nation. The regulation effectively narrows the scope of who can approve payments to entities other than the original claimants, thereby imposing stricter controls on financial disbursements governed by the Act. The regulation does not explicitly mention any exclusions or exemptions, and its immediate operation as a Provisional Regulation suggests a need for prompt implementation without the formalities of standard legislative processes, pending future confirmation or amendment through formal legislative channels.

Key Provisions

The primary operative sections of this Provisional Regulation (No. 243) involve the amendment of the Treasury Regulations under the Audit Act 1901-1912, specifically targeting Treasury Regulation 96k (paragraph 1). The regulation that was previously in place will be repealed and replaced with a new provision, which now allows for payment to be approved and made to any person other than the original claimant (paragraph 2). This change provides flexibility in the disbursement of funds under the Act, ensuring that payments can be directed to appropriate parties as determined by the Treasurer or their delegate. Under this amended regulation, the obligations and requirements placed upon the parties or entities governed by the Audit Act 1901-1912 include ensuring that any payments approved under the Act are made to the correct party. The Treasurer or a person deputed by them must approve the payment, and this approval must be aligned with the new provision outlined in the regulation. This ensures that the process for approving payments is transparent and controlled, while also providing the necessary flexibility to direct funds to the appropriate recipient when necessary. Breach of these regulations could potentially lead to civil or criminal consequences, though the specific nature and penalties are not outlined in the text provided. Generally, under Australian law, failure to comply with provisions of the Audit Act 1901-1912 could result in penalties, including fines and, in severe cases, imprisonment. The maximum penalties would depend on the specific nature of the breach and the provisions of the Act and related legislation. It is important for parties governed by this Act to ensure full compliance to avoid any potential penalties or legal repercussions.