Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATIONS 2009 (NO. 3) (SLI NO 83 OF 2009)

 

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 83n

 

Issued by the authority of the Minister for Finance and Deregulation

 

Financial Management and Accountability Act 1997

Financial Management and Accountability Amendment Regulations 2009 (No. 3)


The Financial Management and Accountability Act 1997 (FMA Act) provides a framework of rules for the proper management of public money and public property by Chief Executives and officials of FMA Act agencies.

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

Section 5 of the FMA Act provides 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 that definition. Agencies are prescribed in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

The Human Rights and Equal Opportunity Commission (HREOC) was established under section 7 of the Human Rights and Equal Opportunity Commission Act 1986 (HREOC Act), and is a prescribed agency under the FMA Act. The Disability Discrimination and Other Human Rights Legislation Amendment Bill 2008 amends the HREOC Act to rename HREOC as the Australian Human Rights Commission.

The Australian Customs Service (Customs) was established under section 4 of the Customs Administration Act 1985, and is a prescribed agency under the FMA Act. The Customs Legislation Amendment (Name Change) Bill 2009 amends the Customs Administration Act 1985 to rename Customs as the Australian Customs and Border Protection Service.

These amending regulations amend the Principal Regulations to give effect to the renaming of HREOC and Customs.

The amendments ensured that the names in the Principal Regulations are consistent with the annual Appropriation Acts providing appropriations for the 2009-2010 Federal Budget, and consistent with Government policy announcements in regard to the branding and functions of the two agencies.

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

The amendments in Regulations 1 to 3 and Schedule 1, which relate to the two name changes, commenced the day after the Regulations are registered on the Federal Register of Legislative Instruments (FRLI). Schedule 2 commenced when Division 1 of Part 1 of Schedule 3 to the Disability Discrimination and Other Human Rights Legislation Amendment Act 2009 commenced. This recognises, that as well as changing the name of HREOC to the Australian Human Rights Commission, that Act will also amend the name of the Human Rights and Equal Opportunity Commission Act 1986 to the Australian Human Rights Commission Act 1986.

 

 

 

 

 


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