Treasury Regulations (Amendment) (Provisional)

Overview

The Provisional Treasury Regulation under the Audit Act 1901-1912 was enacted in 1913, addressing the need for urgent amendments to the Treasury Regulations. This legislative instrument was introduced by the Governor-General in Council, following advice from the Federal Executive Council, to expedite necessary changes without the delay inherent in the standard legislative process. The amendment in question pertains to the insertion of specific wording into Treasury Regulation No. 34, thereby broadening the scope of allowable expenses to include fees for private boxes, bags, and code addresses, in addition to telephone charges. This reflects a policy objective of ensuring that the Treasury Regulations remain flexible and responsive to the evolving administrative needs of the Commonwealth.

Scope and Application

The Provisional Treasury Regulation under the Audit Act 1901-1912 applies to the management and auditing of public accounts within the Commonwealth of Australia. This particular Statutory Rule, numbered 1913. No. 119, amends Treasury Regulation No. 34 by adding fees for private boxes, bags, and code addresses to the list of expenses that can be recovered from the Consolidated Revenue Fund, thereby extending the scope of allowable charges to include these specific types of fees. The regulation applies to all entities and persons involved in the administration of public funds, ensuring that these entities are accountable for such expenditures. The regulation extends to the entire Commonwealth, thereby imposing uniform standards and practices across all states and territories. Notably, this Provisional Regulation comes into immediate effect, underscoring the urgency of the amendment and its application across the entire Commonwealth without any stated exclusions or exemptions. This regulation is an example of how the Commonwealth government can swiftly adjust financial management practices to meet immediate needs through subordinate instruments.

Key Provisions

The key provisions of Statutory Rules 1913 No. 119, which amend the Treasury Regulations under the Audit Act 1901-1912, involve the introduction of additional fees that must be accounted for by the Commonwealth. Specifically, the regulation amends Treasury Regulation No. 34 by inserting new words after the phrase "telephone charges" (Section 1), introducing "fees for private boxes and bags and code addresses" as items to be accounted for under the regulation (Section 2). This amendment is intended to ensure that these specific fees are captured and managed within the financial oversight framework established by the Audit Act. These amendments impose additional obligations on the parties or entities governed by the Audit Act. They require the inclusion of fees for private boxes and bags and code addresses in the financial records and reports that need to be submitted for audit purposes. This means that entities responsible for managing or accounting for these fees must ensure they are accurately recorded and reported, aligning with the comprehensive financial oversight intended by the Act (Section 3). Failure to comply with the provisions of the amended regulations may lead to various consequences. Although the specific penalties are not detailed in the statutory rules, breaches of the Audit Act generally could result in civil or criminal penalties, depending on the severity and intent of the non-compliance. The maximum penalties can include substantial fines and, in cases of criminal negligence or intentional misconduct, imprisonment. It is important for entities to adhere to these regulations to avoid potential legal repercussions and maintain compliance with the financial governance standards set by the Act (Section 4).