Commonwealth Numbered Regulations - Explanatory Statements

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT REGULATION 2013 (NO. 8) (SLI NO 232 OF 2013)

EXPLANATORY STATEMENT

 

Select Legislative Instrument No. 232, 2013

 

Issued by the Authority of the Minister for Finance

 

                            Financial Management and Accountability Act 1997

 

Financial Management and Accountability Amendment

Regulation 2013 (No. 8)

 

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.

 

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 Australian Agency for International Development (AusAID) is an Executive Agency, established by Order under section 65 of the Public Service Act 1999.  Schedule 1 to the Principal Regulations specifies AusAID as a prescribed agency for the purposes of the FMA Act.  On 18 September 2013, the Prime Minister, the Hon Tony Abbott MP, announced that he would recommend to the Governor-General that AusAID be integrated into the Department of Foreign Affairs and Trade. 

 

The Regulation amends Schedule 1 to the Principal Regulations to remove AusAID as a prescribed agency for the purposes of the FMA Act following its abolition as an Executive Agency and integration into the Department of Foreign Affairs and Trade. 

 

Details of the Regulation are set out at Attachment A.  A Statement of Compatibility with Human Rights is at Attachment B

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  The Regulation commences on 1 November 2013. 

 

Consultation

In accordance with section 17 of the Legislative Instruments Act 2003, consultation has taken place with the Department of Foreign Affairs and Trade, AusAID and the Department of the Prime Minister and Cabinet.  A regulation impact statement is not required as the Regulation only applies to FMA Act Agencies and does not adversely affect the private sector. 


Details of the Financial Management and Accountability Amendment Regulation 2013 (No. 8)

 

Section 1 - Name of Regulation

 

This section provides that the title of the Regulation is the Financial Management and Accountability Amendment Regulation 2013 (No. 8).

 

Section 2 - Commencement

 

This section provides that the Regulation commences on 1 November 2013. 

 

Section 3 - Authority

 

This section provides that the Regulation is made under the Financial Management and Accountability Act 1997 (FMA Act).

 

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 - Item 102 of Schedule 1

 

This item amends Schedule 1 to the Principal Regulations to remove the Australian Agency for International Development (AusAID) as a prescribed agency for the purposes of the FMA Act.  This follows the abolition of AusAID as an Executive Agency under the Public Service Act 1999 and its integration with the Department of Foreign Affairs and Trade.

 

Item 2 - Schedule 1 (note A)

 

This item is a consequential amendment and removes the reference to the Australian Agency for International Development from Note A which lists the Executive Agencies which are prescribed under the Principal Regulations. 

 

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

Financial Management and Accountability Amendment Regulation 2013 (No. 8)

 

This 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.

 

Overview of the Legislative Instrument

 

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.  Agencies are prescribed in Schedule 1 to the Financial Management and Accountability Regulations 1997 (the FMA Regulations)

 

This Regulation amends the FMA Regulations to remove the Australian Agency for International Development (AusAID) from Schedule 1.  This follows the integration of AusAID with the Department of Foreign Affairs and Trade.

 

Human rights implications

 

The Regulation does not engage any of the applicable rights or freedoms.

 

Conclusion

 

This regulation is compatible with human rights as it does not raise any human rights issues.

 

 

 

signed

 

Senator the Hon Mathias Cormann

 

Minister for Finance


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