Treasury Regulations (Amendment) (Provisional)

Overview

Statutory Rules 1913 No. 275, an amendment to the Treasury Regulations under the Audit Act 1901-1912, was enacted in 1913 to address the need for streamlined and standardised forms of statutory declarations across the Commonwealth. This legislative instrument, certified by the Governor-General on advice from the Federal Executive Council, was introduced with urgency to ensure immediate operation as a Provisional Regulation. The amendment sought to modify the statutory declaration forms, specifically Clause 24 of Form No. 5, by replacing the requirement for manuscript writing according to prescribed forms with an allowance for either Commonwealth or State forms, thereby offering flexibility while maintaining the integrity of the declarations. This amendment aimed to simplify the process for making statutory declarations while ensuring their authenticity and compliance with the law.

Scope and Application

This legislative instrument pertains to an amendment of the Treasury Regulations under the Audit Act 1901-1912, specifically altering the forms of Statutory Declarations provided under Form No. 5 (Clause 24) of these regulations. This amendment applies to individuals and entities that are required to make statutory declarations in accordance with the Audit Act, ensuring compliance with the prescribed formats that may be either Commonwealth or State forms, as applicable to the specific circumstances. The change is intended to provide flexibility in the manner in which statutory declarations are made, thereby accommodating the diverse requirements across different jurisdictions within the Commonwealth. The amendment is made as a Provisional Regulation, effective immediately upon issuance, and its urgency is acknowledged by the Governor-General acting with the advice of the Federal Executive Council. While the instrument modifies the regulatory framework concerning statutory declarations, it does not specify any exclusions or thresholds and does not extend or restrict the application of the Audit Act itself.

Key Provisions

The key operative sections of the legislative instrument C1913L00275 pertain to the amendment of the Treasury Regulations under the Audit Act 1901-1912. Specifically, Section 1 mandates that the forms of Statutory Declarations provided under Form No. 5 (Clause 24) of these Regulations are amended to reflect new requirements. The amendment involves the substitution of certain wording, specifically replacing “(To be written in manuscript in accordance with undermentioned forms)” with “(To be written in manuscript in accordance with Commonwealth form, or the State form, which may be applicable to the case)”. This alteration allows for greater flexibility in the manner in which statutory declarations are prepared, permitting the use of either a Commonwealth or State form, as applicable. The obligations and requirements imposed by this legislative instrument primarily concern the updating of statutory declarations to align with the new forms. The amendment specifies that statutory declarations must be written in manuscript and can be done according to either the Commonwealth form or the State form, as deemed appropriate for the circumstances. This requirement aims to streamline the process of making statutory declarations by providing practitioners with an option that is most relevant to their specific situation. The changes are intended to facilitate compliance with legal standards while accommodating variations in state regulations. Regarding the enforcement of this legislative instrument, there are no explicit offences, penalties, or civil/criminal consequences outlined within the text provided. The document focuses primarily on the procedural amendment of statutory declaration forms and does not address the implications of non-compliance or violations arising from the use of these forms. It is understood that the adherence to statutory declaration requirements is generally governed by broader legal frameworks, such as the Statutory Declarations Act 1911, which may impose penalties for false statements or other breaches of declaration standards. However, the specific penalties or consequences for non-compliance with the amended forms are not detailed in the legislative instrument itself.