Financial Management and Accountability Amendment Regulations 2006 (No. 4)¹

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Financial Management and Accountability Act 1997.

Dated 22 June 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

NICK MINCHIN

1              Name of Regulations

                These Regulations are the Financial Management and Accountability Amendment Regulations 2006 (No. 4).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of Financial Management and Accountability Regulations 1997

                Schedule 1 amends the Financial Management and Accountability Regulations 1997.

Schedule 1        Amendments

(regulation 3)

[1]           Subregulation 9 (2)

after

security agency

insert

, or a prescribed law enforcement agency,

[2]           After regulation 27

insert

28            Modifications of Act for prescribed law enforcement agency (Act s 58)

         (1)   For the definition of prescribed law enforcement agency in subsection 58 (2) of the Act, the combination of:

                (a)    a body, organisation or group mentioned in Schedule 3; and

               (b)    any other persons who perform financial tasks in relation to a function of that body, organisation or group;

is prescribed.

         (2)   The application of the Act to a prescribed law enforcement agency is subject to the modifications set out in Schedule 2.

         (3)   However, the modifications set out in items [5] to [12] of Schedule 2 do not apply to:

                (a)    a prescribed law enforcement agency (as described in Schedule 3); or

               (b)    any other persons who perform financial tasks in relation to the prescribed law enforcement agency;

at any time at which there is no agreement between the Finance Minister and the Minister responsible for the administration of the prescribed law enforcement agency relating to the giving of annual financial statements, and at any time at which an agreement of that kind is not in operation.

Note about annual financial statements of a prescribed law enforcement agency

If items [5] to [12] of Schedule 2 do not apply to a prescribed law enforcement agency, the agency will be subject to the Finance Minister’s Orders in relation to the giving of annual financial statements. Those Orders allow for special arrangements to be made for the agency.

[3]           Schedule 1, item 111

substitute

[4]           Schedule 2, heading

substitute

Schedule 2        Modification of the Act in its application to an intelligence or security agency or a prescribed law enforcement agency

(regulation 27 and subregulation 28 (2))

[5]           After Schedule 2

insert

Schedule 3        Prescribed law enforcement agencies

(paragraph 28 (1) (a))

1              Australian Federal Police, comprising:

                (a)    the Commissioner of Police and any Deputy Commissioner of Police appointed under the Australian Federal Police Act 1979; and

               (b)    AFP employees, special members and special protective service officers of the Australian Federal Police, within the meaning of that Act.

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.