EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 351

 

Minute No. 24 of 2006 - Minister for Finance and Administration

 

Subject - Financial Management and Accountability Act 1997

 

Financial Management and Accountability Amendment Regulations 2006 (No. 9)

 

Subsection 65(1) of the Financial Management and Accountability Act 1997 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Act provides a framework of rules for the proper management of public money and public property that applies to Chief Executives and officials of Agencies.

Section 5 of the Act provides in part that, for the purposes of the Act, an “Agency” includes a prescribed Agency. Agencies are prescribed for the purposes of the Act in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

The Regulation prescribes the Australian Commission for Law Enforcement Integrity (ACLEI). The Law Enforcement Integrity Commissioner Act 2006 established the Office of the Integrity Commissioner – an independent statutory office appointed by the Governor-General and responsible for investigating allegations and suspicions of corruption in Commonwealth law enforcement agencies.

As a prescribed agency, ACLEI is financially autonomous from the Attorney‑General’s Department (AGD). The Commissioner, as Chief Executive of ACLEI, is directly accountable under the FMA Act for the proper management of public money and public property.

Further details of the Regulations are in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulations have been made to commence on the commencement of Sections 3 to 224 of the Law Enforcement Integrity Commissioner Act 2006.

The amendment Regulation only affects Australian Government agencies, and consultation has therefore included relevant agencies such as AGD and the Office of Regulation Review, who have advised that the Regulation Impact Statement is not required.

 

Authority: Subsection 65(1) of the Financial Management and Accountability Act 1997.

ATTACHMENT

Details of the proposed Financial Management and Accountability Amendment Regulations 2006 (No. 9)

Regulation 1 - Name of Regulations

This regulation provides that the title of the Regulations is the Financial Management and Accountability Amendment Regulations 2006 (No. 9).

Regulation 2 - Commencement

 

This regulation provides for the Regulations to commence on the commencement of Sections 3 to 224 of the Law Enforcement Integrity Commissioner Act 2006.

Regulation 3 - Amendment of Financial Management and Accountability Regulations 1997

This regulation provides that the Financial Management and Accountability Regulations 1997 (the Principal Regulations) are amended as set out in Schedule 1.

Schedule 1 – Amendment

Item [1] – Schedule 1, Part 1, after item 107

Item 107AA is inserted to prescribe ACLEI, which comprises the staff members mentioned in section 11 of the Law Enforcement Integrity Commissioner Act 2006.

 

The Integrity Commissioner is the Chief Executive for the purposes of the FMA Act.

 

The proposed Regulations also insert a reference to Note B of Schedule 1 to the Principal Regulations. The reference indicates that ACLEI is also a Statutory Agency for the purposes of the Public Service Act 1999.