STATUTORY RULES.
1908. No. 79.
PROVISIONAL TREASURY REGULATIONS UNDER THE AUDIT ACTS 1901–1906.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following amendment of the Treasury Regulations under the Audit Acts 1901–1906 should come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.
Dated this twenty-fifth day of June, One thousand nine hundred and eight.
NORTHCOTE,
Governor-General.
By His Excellency’s Command,
WILLIAM JOHN LYNE,
Treasurer.
III.—Payment of Public Moneys.
Fidelity Guarantee Fund.
Add the following new clause after clause 137u:—
Clause 137v.—Notwithstanding anything contained in these Regulations, the Treasurer may direct that no premium shall be deducted in respect of a financial year from the salary of an officer holding a guaranteed position.
By Authority: J. Kemp, Government Printer, Melbourne.
C.8136.—Price 3d.
Overview
The Provisional Treasury Regulations Under the Audit Acts 1901–1906, enacted in 1908, were introduced to address the immediate need for regulatory amendments concerning the payment of public moneys and the Fidelity Guarantee Fund. This legislative instrument, certified by the Governor-General in Council, was designed to facilitate swift implementation of changes due to the urgency of the matter. The objective of these regulations is to provide the Treasurer with the flexibility to direct that no premium be deducted from the salary of an officer holding a guaranteed position, thus allowing for adjustments to be made without the need for protracted legislative processes. This provisional status underscores the intention to provide a temporary solution that can be refined or replaced with more comprehensive legislation in the future.
Scope and Application
The Provisional Treasury Regulations under the Audit Acts 1901–1906 provide specific amendments to the existing regulations concerning the payment of public moneys, including adjustments related to the Fidelity Guarantee Fund. This legislative instrument applies to officers holding guaranteed positions within the Commonwealth of Australia and pertains to the financial year in question. The regulations are designed to grant the Treasurer the authority to direct that no premium be deducted from the salary of an officer in a guaranteed position, which may have implications for the financial management of public funds. The geographic reach of this Act is national, applying across the Commonwealth of Australia. There are no stated exclusions or exemptions within the scope of this provisional regulation, and any further adjustments or extensions to the application of this Act would be managed through subordinate instruments as needed.
Key Provisions
The main operative sections of this Statutory Rule are concerned with the amendment of the Treasury Regulations under the Audit Acts 1901–1906, specifically introducing a new clause, 137v (Clause 137v). This new clause allows the Treasurer to direct that no premium be deducted in respect of a financial year from the salary of an officer holding a guaranteed position, notwithstanding any other provisions in these Regulations (Clause 137u). This amendment provides the Treasurer with the flexibility to manage certain financial aspects of officer salaries within the framework of the Acts.
The introduction of Clause 137v imposes a new obligation on the Treasurer to make decisions regarding the deduction of premiums from the salaries of officers holding guaranteed positions. The Treasurer must exercise this discretion in accordance with the provisions of the Audit Acts 1901–1906 and any other applicable laws. The clause empowers the Treasurer to tailor financial arrangements to meet specific needs or circumstances, potentially affecting the overall budget and financial management of public officers.
In terms of potential breaches and consequences, while the Statutory Rules themselves do not explicitly outline offences, penalties, or consequences for non-compliance, any decision made by the Treasurer under Clause 137v must be consistent with the overarching legal framework, including the Audit Acts 1901–1906 and other relevant regulations. Any decision made in bad faith or outside the scope of the authorised powers could potentially lead to legal challenges, administrative reviews, or other forms of accountability. The consequences would depend on the specific circumstances and any resultant legal proceedings.