Statutory Rules 1989 No. 143¹

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 28 June 89.

Bill Hayden

Governor-General

By His Excellency’s Command,

Peter Walsh

Minister of State for Finance

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Finance (Overseas) Regulations.

Interpretation

2. Regulation 2 of the Principal Regulations is amended:

(a) by omitting paragraph (d) from the definition of “Department”;

(b) by omitting paragraph (c) from the definition of “Secretary”;

(c) by omitting the definition of “overseas certifying officer” and substituting the following definition:

“ ‘overseas certifying officer’ means:

(a) in relation to a regional office:

(i) a person appointed in writing by the Minister under paragraph 34 (2) (b) of the Act to indicate, in a manner approved in writing by the Minister, that a payment may properly be made; or

(S.R. 394/88)—Cat. No.                                                                                                                                     14/8.6.1989

(ii) a person appointed by the Minister under subregulation 28 (3) to indicate, in a manner approved in writing by the Minister, that a payment under subregulation 28 (1) may properly be made; or

(b) in relation to an overseas office—a person appointed by the Minister under subregulation 28 (3) to indicate, in a manner approved in writing by the Minister, that a payment under subregulation 28 (2) may properly be made;”.

3. Regulation 12 of the Principal Regulations is repealed and the following regulation substituted:

Responsibilities of overseas certifying officers

“12. Before indicating, under paragraph 34 (2) (b) of the Act or subregulation 28 (3), that a payment may properly be made, an overseas certifying officer shall, in respect of a claim for such payment (not being a claim for a payment included in a class of payments that is a prescribed class of payments for the purposes of regulation 13):

(a) ensure that the claim:

(i) is correct as to amount;

(ii) is for expenditure that has been duly approved;

(iii) is made out in the name of a person or authority to whom payment may be made;

(iv) has not previously been paid; and

(v) identifies the head of expenditure to which the amount is chargeable; and

(b) where the claim relates to any agreement or contract under which the claimant, in order to become entitled to payment, must comply with certain requirements—after having taken such steps as are reasonably practicable to establish compliance with those requirements, be satisfied that those requirements have been so complied with.”.

Indication by overseas certifying officer in relation to a payment in a prescribed class

4. Regulation 13 of the Principal Regulations is amended:

(a) by omitting from subregulation (1) “give a certificate under subsection 34 (2) of the Act or sub-regulation 28 (3)” and substituting “indicate under paragraph 34 (2) (b) of the Act or subregulation 28 (3) that the payment may properly be made”;

(b) by inserting in subregulation (1) “or she” after “he”;

(c) by omitting from paragraph (3) (b) “Permanent Head of a Department has certified—” and substituting “Secretary of a Department has indicated in writing, or in such other manner as is approved in writing by that Secretary:”;

(d) by omitting from paragraph (3) (d) “Permanent Head of a Department has certified” and substituting “Secretary of a Department has indicated in writing, or in such other manner as is approved in writing by that Secretary,”;

(e) by omitting from paragraph (3) (f) “in respect of supplies”.

Authorisation, etc., in relation to cash payments, etc.

5. Regulation 28 of the Principal Regulations is amended by omitting from paragraph 28 (3) (b) “certified” and substituting “indicated, in a manner approved in writing by the Minister,”.

Advances

6. Regulation 29 of the Principal Regulations is amended by omitting from paragraph 29 (2) (a) “certified” and substituting “indicated, under paragraph 34 (2) (b) of the Act or subregulation 28 (3),”.

Record of advances

7. Regulation 31 of the Principal Regulations is amended:

(a) by inserting in subregulation (1) “or she” after ‘he”;

(b) by omitting from subregulation (1) “advance the payment of which was certified by him” and substituting “payment, by way of an advance, that he or she has indicated, under paragraph 34 (2) (b) of the Act or subregulation 28 (3), may properly be made.”.

Review of advances

8. Regulation 33 of the Principal Regulations is amended by omitting from subregulation (1) “certified the payment of the advance” and substituting “indicated, under paragraph 34 (2) (b) of the Act or subregulation 28 (3), that the payment, by way of an advance, may properly be made,”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1989.

2. Statutory Rules 1980 No. 101 as amended by 1980 No. 235; 1981 Nos. 63 and 230; 1982 No. 209; 1983 No. 105; 1984 No. 432; 1985 No. 135; 1986 No. 238; 1987 No. 169.

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