FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATION 2013 (NO. 3) (SLI NO 70 OF 2013)

The Financial Management and Accountability Act 1997 (the 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. The FMA Act applies to Commonwealth Departments of State and their staff, parliamentary departments and their staff, and prescribed agencies.

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

The Regulation amends the Financial Management and Accountability Regulations 1997 (the Principal Regulations) to add a new program to Schedule 1AA to establish legislative authority for the Government to spend on activities related to a referendum on the financial recognition of local government.

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. The amendments to Schedule 1AA commence on the day the Regulation is registered on the Federal Register of Legislative Instruments.

In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the Department of Regional Australia, Local Government, Arts and Sport (DRALGAS). The Australian Government Solicitor also provided advice on the amendments to Schedule 1AA to the Principal Regulations.

A regulation impact statement is not required as the Regulation only applies to DRALGAS, an FMA Act agency, and does not adversely affect the private sector.

The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Article 25 of the International Covenant on Civil and Political Rights relates to people's rights to take part in public affairs and elections. The amendments to Schedule 1AA would ensure that a range of information about a proposed referendum is available to voters. The amendments do not limit any human rights, nor establish any new offences or penalties.

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

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Details of the Financial Management and Accountability Amendment Regulation 2013 (No. 3)

Section 1 - Name of Regulation

This section provides that the title of the Regulation is the Financial Management and Accountability Amendment Regulation 2013 (No. 3).

Section 2 - Commencement

This section provides that the Regulation commences on the day it is registered on the Federal Register of Legislative Instruments.

Section 3 - Authority

This section provides that the Regulation is made under section 65 of the Financial Management and Accountability Act 1997.

Section 4 - Schedule(s)

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

Schedule 1 - Amendments

Item [1] - After item 421.002 of Schedule 1AA

This item adds a new program to Part 4 of Schedule 1AA to establish legislative authority for the Government to fund communications and education campaigns connected to a proposed referendum on the financial recognition of local government (new item 421.002A). Although related to local government, this program is a time limited measure, specific only to the proposed referendum, and is therefore separate from the Local Government program at item 421.002.

Spending under this program will not be subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 (ADJR Act). The Explanatory Memorandum to the Financial Framework Legislation Amendment Act (No. 3) 2012 sets out the policy reasons for excluding ADJR Act review of decisions made in relation to activities which are listed in Schedule 1AA to the Principal Regulations.

Further detail about the proposed referendum is contained in the joint media release of 9 May 2013 by the Prime Minister, the Hon Julia Gillard MP, the Minister for Regional Development and Local Government, the Hon Anthony Albanese MP, and the Attorney-General, the Hon Mark Dreyfus QC MP.

Commonwealth Numbered Regulations - Explanatory Statements

Details of the Financial Management and Accountability Amendment Regulation 2013 (No. 3)