Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 20

EXPLANATORY STATEMENT

STATUTORY RULES 2000 No. 20

Issued by the Authority of the Minister for Finance and Administration

Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment Regulations 2000 (No. 1)

The attached Statutory Rules make regulations under subsection 65(1) of the Financial Management and Accountability Act 1997 (the Act) to amend the Financial Management and Accountability Regulations.

The amendments are to the regulations and to the Schedule to the regulations which lists the Agencies which are prescribed for the purposes of the definition of "Agency" in section 5 of the Act. In addition to Departments of State and Departments of the Parliament, section 5 of the Act includes in the definition of "Agency", "a prescribed Agency", being an organisational unit which is to be regarded, for the purposes of the Act, as a separate Agency from the Department of State within the portfolio. Regulation 5 prescribes all such Agencies by reference to the Schedule to the regulations. The Schedule names those Agencies, defines the persons which they comprise and specifies the Agency Chief Executive.

Details of the regulations are as follows:

Regulation 1

This advises that the name of the proposed regulations is the Financial Management and Accountability Amendment Regulations 2000 (No. 1)

Regulation 2

This provides that the proposed amendments are to commence:

(a) regulations 1, 2 and 3 and Schedule 1 - on 5 December 1999

(b) Schedule 2 - 10 December 1999

(c) Schedule 3 - 1 July 2000

Regulation 3

This provides that Schedules 1, 2 and 3 amend the Financial Management and Accountability Regulations 1997.

Schedule 1

[1] Paragraph (4)(d)

This amends the references to the Public Service Act 1922 to refer to the Public Service Act 1999 to reflect the introduction of the new Act.

[2] Paragraph (4)(e)

This amends the reference to the Public Service Act 1922 to refer to the Parliamentary Service Act 1999. This is now the Act which people are appointed under to perform a financial task for a Department of the Parliament.

[3] - [12]

These changes amend references to the Public Service Act 1922 to refer to the Public Service Act 1999 to reflect the introduction of the new Act.

[13] Schedule 1, item 142, paragraphs (b) and (c)

This removes the reference to the Merit Protection (Australian Government Employees) Act 1984 which was repealed by the Public Employment (Consequential and Transitional) Amendment Act 1999 on 5 December 1999. It also amends the reference to the Public Service Act 1922 to refer to the Public Service Act 1999 to reflect the introduction of the new Act.

The regulations in Schedule 1 of the Financial Management and Accountability Amendment Regulations will be taken to have commenced on 5 December 1999. This retrospective commencement date is in accordance with section 48(2) of the Acts Interpretation Act 1901 and will not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) or impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of commencement.

Schedule 2

[1] Schedule 1, item 125

This substitutes a new item for the Human Rights and Equal Opportunity Commission as a consequence of the Human Rights Legislation Amendment Act (No. 1) 1999 (HRLAA1) which commenced on 10 December 1999. The HRLAA1 invests the Human Rights and Equal Opportunity Commission's powers in the President.

The regulation in Schedule 2 of the Financial Management and Accountability Amendment Regulations will be taken to have commenced on 10 December 1999. This retrospective commencement date is in accordance with section 48(2) of the Acts Interpretation Act 1901 and will not affect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) or impose liabilities on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before the date of commencement.

Schedule 3

[1] Schedule 1, after item 105

This item inserts a new Item 105A in Schedule 1 to make the Australian Archives a prescribed Agency. Having regard to the nature and operation of the Australian Archives, it is considered appropriate that it should be financially independent of the Department of Communications, Information Technology and the Arts for the purposes of the FMA Act.


[Index] [Related Items] [Search] [Download] [Help]