STATUTORY RULES.
1910. No. 40.
PROVISIONAL TREASURY REGULATION 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-seventh day of April, One thousand nine hundred and ten.
DUDLEY,
Governor-General.
By His Excellency’s Command,
R. W. BEST,
for the Treasurer.
Paying Officers.
Repeal clause 96 (d) and substitute the following in lieu thereof:—
96 (d). To the holder of Form 24 or 25. An order for payment of salary shall only be given when in consequence of leave, or absence on duty, the officer cannot draw his pay in person. When such order is made out in favour of any person other than an officer of the Commonwealth Public Service, or a member of the Military or Naval Forces, it shall not be recognised unless approved in writing on the order by the Authorizing Officer, or the Senior Officer at the station where payment is made.
Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.
C.4926—Price 3d.
Overview
The Statutory Rules 1910 No. 40, published under the authority of the Audit Acts 1901-1906, was enacted to provide urgent amendments to the Treasury Regulations. The regulation, issued by the Governor-General and acting upon the advice of the Federal Executive Council, aimed to address the need for immediate operational changes to the existing regulations concerning the payment of salaries to officers within the Commonwealth Public Service, and members of the Military or Naval Forces. This Provisional Regulation was necessitated by the urgency of the amendments and came into effect immediately upon its certification on 27 April 1910. The policy objective behind this regulation is to ensure that salary payments are appropriately managed and authorised, especially in cases where officers are unable to draw their pay in person due to leave or duty-related absences, thereby maintaining financial integrity and control within the public service sector.
Scope and Application
The Provisional Treasury Regulation under the Audit Acts 1901-1906 applies specifically to the management of payments for salaries within the Commonwealth of Australia. This legislation targets paying officers and regulates the issuance of salary payments in instances where officers are unable to draw their pay personally due to leave or duty-related absences. It mandates that an order for salary payment can only be given under these circumstances, and if such an order is made in favour of someone other than a Commonwealth Public Service officer, a member of the Military or Naval Forces, it must be approved in writing by an Authorizing Officer or the Senior Officer at the relevant station. This regulation ensures that all salary payments are authorised and properly accounted for, maintaining fiscal integrity and oversight within the Commonwealth's financial operations. The geographic reach of this regulation is national, applying uniformly across all states and territories of Australia. The regulation does not explicitly state any exclusions, exemptions, or thresholds but implies that adherence to the approval process is mandatory for the validity of such salary payment orders.
Key Provisions
The main operative sections of the Provisional Treasury Regulation under the Audit Acts 1901-1906 include the amendment to clause 96(d), which deals with the issuance of payment orders to individuals who are not officers of the Commonwealth Public Service, or members of the Military or Naval Forces. Specifically, clause 96(d) stipulates that an order for payment of salary can only be given when the officer is unable to draw their pay in person due to leave or duty-related absence (96(d)). Furthermore, if the payment order is made in favour of someone other than the aforementioned categories of officers, it will not be recognised unless it has been approved in writing by the Authorizing Officer or the Senior Officer at the station where the payment is made (96(d)).
The Act imposes certain obligations and requirements on the parties involved. For instance, it mandates that payment orders for salaries can only be issued under specific circumstances, namely when the officer is absent due to leave or duty-related absence, and they are unable to draw their pay in person (96(d)). Additionally, the regulation requires that any payment order made in favour of someone who is not an officer of the Commonwealth Public Service or a member of the Military or Naval Forces must be approved in writing by the Authorizing Officer or the Senior Officer at the station where the payment is made (96(d)).
Failure to comply with the requirements of the Act may result in civil or criminal consequences. While the specific offences, penalties, or consequences are not explicitly stated in the text, it can be inferred that non-compliance with the regulation, particularly the requirement for written approval for payment orders made in favour of non-eligible individuals, could potentially lead to legal ramifications. Given the context of the regulation and the potential for financial mismanagement or fraud, penalties could include fines, legal action, or other civil or criminal sanctions as prescribed by relevant legislation. The maximum penalties, if applicable, would be determined in accordance with the specific laws governing the enforcement of the Audit Acts 1901-1906.