Statutory Rules 1983 No. 105¹

Finance (Overseas) Regulations² (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Audit Act 1901.

Dated 13 July 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Minister of State for Finance

Responsibilities of paymaster and cashier

1. Regulation 10 of the Finance (Overseas) Regulations is amended by omitting sub-regulation (3) and substituting the following sub-regulation:

“(3) The cashier for an overseas office shall—

(a) if paragraph (b) does not apply, pay all moneys received by him

(i) into the bank account maintained in respect of the overseas office; or

(ii) if there is more than one such bank account—into one of those bank accounts; or

(b) where the banking of moneys in accordance with paragraph (a) is not practicable in the circumstances—deal with those moneys in accordance with directions given by the Secretary for, and in relation to, their custody, expenditure, care and management.”.

Overseas certifying officer may give certificate in certain circumstances after certain requirements have been complied with

2. Regulation 13 of the Finance (Overseas) Regulations is amended by omitting paragraph (3) (a).

S.R. 321/81 Cat. No.                Recommended retail price 20c                                                         13/22.3.1983

Advances

3. Regulation 29 of the Finance (Overseas) Regulations is amended

(a) by omitting from sub-regulation (1) “The” and substituting “Subject to sub-regulation (1a), the”; and

(b) by inserting after sub-regulation (1) the following sub-regulation:

“(1a) All moneys received by a cashier for an overseas office, being moneys that—

(a) have not been paid into a bank account in accordance with paragraph 10 (3) (a); and

(b) are required to be, or have been, dealt with by the cashier in accordance with a direction given by the Secretary by virtue of paragraph 10 (3) (b),

shall be held by the cashier as an advance for any purpose referred to in paragraph (3) (a).”.

Adjustments in respect of advances

4. Regulation 32 of the Finance (Overseas) Regulations is amended

(a) by omitting sub-regulation (1) and substituting the following sub-regulations:

“(1) A cashier for an overseas office who, by virtue of sub-regulation 29 (1a), holds moneys as an advance shall, in relation to the use of, or failure to use, those moneys for a purpose for which the advance was made, furnish such information or take such steps as may be required by directions given by the Permanent Head of the relevant Department.

“(1a) Except where the Secretary otherwise determines, an officer who has received an amount by way of an advance of a kind referred to in paragraph 29 (3) (c) or (d) shall, within the period prescribed in relation to an advance of that kind—

(a) where the amount so received has been used for the purpose for which the advance was made—furnish vouchers in respect of that amount to any officer responsible, under these Regulations or the Finance Regulations, for the keeping of a register of advances;

(b) where a part of the amount so received has been used for the purpose for which the advance was made—

(i) furnish vouchers in respect of that part of the amount to any officer responsible, under these Regulations or the Finance Regulations, for the keeping of a register of advances; and

(ii) repay to any receiver of public moneys or cashier an amount equal to so much of the amount so received as was not used for the purpose for which the advance was made; or

(c) where the amount so received was not used for the purpose for which the advance was made repay an amount equal to that amount to any receiver of public moneys or cashier.”;

(b) by omitting from sub-regulation (2) “sub-regulation (1)” and substituting “sub-regulation (1a)”; and

(c) by omitting from sub-regulation (3) “sub-regulation (1)” and substituting “sub-regulation (1a)”.

Review of advances

5. Regulation 33 of the Finance (Overseas) Regulations is amended by inserting after “sub-regulation 29 (3)” in sub-regulation (1) “, not being an amount held as an advance by virtue of sub-regulation 29 (1a).”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 22 July 1983.

2. Statutory Rules 1980 No. 101 as amended by 1980 No. 235; 1981 Nos. 63 and 230;1982 No. 209.