EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 268

 

 

Subject - Financial Management and Accountability Act 1997

 

Financial Management and Accountability Amendment Regulations 2009 (No. 6)

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 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 currently prescribed in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the Principal Regulations).

The Regulations would amend Schedule 1 to the Principal Regulations to update the details of Safe Work Australia (SWA) as a prescribed Agency under the FMA Act.

SWA was originally established as an Executive Agency under the Public Service Act 1999 (PS Act) by an Order of the Governor-General made under section 65 of the PS Act (Commonwealth of Australia Gazette No. S110). The Executive Order will be revoked, upon the recommendation of the Prime Minister, on the commencement of the relevant provisions of the Safe Work Australia Act 2008 establishing SWA as a Statutory Agency under the PS Act.

SWA will play an important role in progressing harmonisation of occupational health and safety laws across jurisdictions.

The FMA Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

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

The Regulations would commence on the commencement of section 5 of the Safe Work Australia Act 2008, which will be on a day to be fixed by Proclamation.

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