EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 84

 

Minute No. 5 of 2007 - Minister for Finance and Administration

 

Subject - Financial Management and Accountability Act 1997

 

Financial Management and Accountability Amendment Regulations 2007

(No. 1)

 

The Financial Management and Accountability Act 1997 (FMA 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.

Subsection 65(1) of the FMA 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.

Section 5 of the Act provides in part that, for the purposes of the FMA Act, a prescribed Agency means a body, organisation or group of persons prescribed by the regulations for the purposes of this definition. Agencies are prescribed for the purposes of the Act in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

The purpose of the Regulations is to:

·        amend the listed name of the Federal Magistrates Court; and

·        remove the Office of Film and Literature Classification (OFLC), Classification Review Board and Classification Board (the Boards) from the listing in the Principal Regulations.

The Regulations change the name of the Federal Magistrates Court to the “Federal Magistrates Court of Australia” in the Principal Regulations. This aligns with the removal of references to the “Federal Magistrates Service” in the Annual Appropriation Acts, which will be substituted with the “Federal Magistrates Court of Australia”.

The Regulations also remove the OFLC and the Boards as prescribed Agencies under the FMA Act. The Classification (Publications, Films and Computer Games) Amendment Act 2007 (Amendment Act) repeals the OFLC, and facilitates its integration into the Attorney-General’s Department (AGD).

The powers and functions of the Boards are not affected by the Amendment Act. The Boards remain statutory bodies within the Classification (Publications, Films and Computer Games) Act 1995, and AGD now supports the Boards in their financial and administrative functions.

Further details of the Regulations are in the Attachment. The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

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The Regulations commenced on the following dates:

·        the Federal Magistrates Court amendment commence on the day after the Regulations are registered on the Federal Register of Legislative Instruments; and

·        the OFLC, and the Boards are removed from the Principal Regulations on the day on which Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2007 commences.

The amendment Regulation only affects Australian Government agencies, and consultation has therefore included relevant agencies such as AGD, and the Office of Regulation Review has advised that a 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 2007 (No. 1)

Regulation 1 - Name of Regulations

This regulation provides that the title of the Regulations is the Financial Management and Accountability Amendment Regulations 2007 (No. 1).

Regulation 2 - Commencement

This regulation provides for the Regulations to commence on the following dates:

 

·        the Federal Magistrates Court amendment commenced on the day after the Regulation was registered on the Federal Register of Legislative Instruments; and

·        the OFLC, the Classification Review Board and the Classification Board are removed from the Principal Regulations on the day on which Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2007 commences.

Regulation 3 - Amendment of the 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 Schedules 1 and 2.

Schedule 1 – Amendment commenced on registration

Item [1] – Schedule 1, item 124A

This amendment updates item 124A in Schedule 1 of the Principal Regulations to replace references to the “Federal Magistrates Court” with references to the “Federal Magistrates Court of Australia”.

Schedule 2 – Amendment commences on the commencement of Schedule 1 to the Classification (Publications, Films and Computer Games) Amendment Act 2007

Item [1] – Schedule 1, items 118 and 119

This amendment updates Schedule 1 of the Principal Regulations to remove item 118, the Classification Board, and item 119, the Classification Review Board.

Item [2] – Schedule 1, item 134

This amendment updates Schedule 1 of the Principal Regulations to remove item 134, the Office of Film and Literature Classification.