Federal Register of Legislation - Australian Government

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SLI 2009 No. 100 Regulations as made
These Regulations amend the Commonwealth Authorities and Companies Regulations 1997.
Administered by: Finance
Registered 05 Jun 2009
Tabling HistoryDate
Tabled HR15-Jun-2009
Tabled Senate15-Jun-2009
Date of repeal 19 Mar 2014
Repealed by Finance (Spent and Redundant Instruments) Repeal Regulation 2014

Commonwealth Authorities and Companies Amendment Regulations 2009 (No. 2)1

Select Legislative Instrument 2009 No. 100

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Commonwealth Authorities and Companies Act 1997.

Dated 4 June 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

LINDSAY TANNER


1              Name of Regulations

                These Regulations are the Commonwealth Authorities and Companies Amendment Regulations 2009 (No. 2).

2              Commencement

                These Regulations commence as follows:

                 (a)     on the day after they are registered — regulations 1, 2 and 3 and Schedule 1;

                (b)     on the commencement of item 42 of Schedule 1 to the Commonwealth Authorities and Companies Amendment Act 2008 — Schedule 2.

3              Amendment of Commonwealth Authorities and Companies Regulations 1997

                Schedules 1 and 2 amend the Commonwealth Authorities and Companies Regulations 1997.



Schedule 1        Amendments commencing on the day after registration

(regulation 3)

 

[1]           Subregulation 4 (2), table, item 3

omit

[2]           Subregulation 4A (1), table, item 4

omit


 

Schedule 2        Amendments commencing on the commencement of item 42 of Schedule 1 to the Commonwealth Authorities and Companies Amendment Act 2008

(regulation 3)

 

[1]           Regulation 3, after definition of Act

insert

Commonwealth authority credit card has the meaning given by subsection 28B (4) of the Act.

Commonwealth authority credit voucher has the meaning given by subsection 28B (4) of the Act.

[2]           After regulation 6

insert

6AA        Commonwealth authority’s credit cards (Act, s 28A (2))

         (1)   For subsection 28A (2) of the Act, this regulation specifies requirements in relation to a Commonwealth authority’s credit cards.

         (2)   An agreement between the authority and the person who issues the authority’s credit cards must be in writing.

         (3)   The holder of the card:

                (a)    must take responsibility for the physical security of the card; and

               (b)    must not permit the card or the personal identification number for the card to be used for a purpose other than the purpose for which the card is provided.

         (4)   The directors of the authority may determine the maximum amount that may be borrowed using a card for a person, or particular classes of persons, undertaking duties on behalf of the authority.

         (5)   The directors of the authority must ensure that the authority:

                (a)    establishes and maintains records of the cards; and

               (b)    keeps records of transactions for which the cards are used.

Note   Section 20 of the Act applies to the cards.

         (6)   The directors of the authority:

                (a)    may make guidelines in relation to the cards; and

               (b)    must ensure that the guidelines are consistent with the Act and these Regulations.

Note   This regulation does not apply to a Commonwealth authority if, under the authority’s enabling legislation, the authority has an express power to borrow money (see subsection 28A (3) of the Act).

6AB        Commonwealth authority’s credit vouchers (Act, s 28A (2))

         (1)   For subsection 28A (2) of the Act, this regulation specifies requirements in relation to a Commonwealth authority’s credit vouchers.

         (2)   An agreement between the authority and the person who issues the authority’s credit vouchers must be in writing.

         (3)   The holder of the voucher:

                (a)    must take responsibility for the physical security of the voucher; and

               (b)    must not permit the voucher to be used for a purpose other than the purpose for which the voucher is provided.

         (4)   The directors of the authority may determine the maximum amount that may be borrowed using a voucher for a person, or particular classes of persons, undertaking duties on behalf of the authority.

         (5)   The directors of the authority must ensure that the authority:

                (a)    establishes and maintains records of vouchers issued by the authority; and

               (b)    keeps records of transactions for which vouchers issued by the authority are used.

Note   Section 20 of the Act applies to the vouchers.

         (6)   The directors of the authority:

                (a)    may make guidelines in relation to the vouchers; and

               (b)    must ensure that the guidelines are consistent with the Act and these Regulations.

Note   This regulation does not apply to a Commonwealth authority if, under the authority’s enabling legislation, the authority has an express power to borrow money (see subsection 28A (3) of the Act).

6AC        Authorisation for use of Commonwealth authority credit cards and credit vouchers (Act, s 28A (2))

         (1)   For subsection 28A (2) of the Act, the directors of a Commonwealth authority may determine who is authorised to use the authority’s credit cards and credit vouchers.

         (2)   The directors may decide to delegate the power mentioned in subregulation (1) to a senior manager.

6AD        Authorised expenditure using Commonwealth authority credit cards (Act, s 28B (2))

         (1)   For subsection 28B (2) of the Act, the directors of a Commonwealth authority may:

                (a)    authorise a holder of the authority’s credit card to use the card to pay a claim that includes both official and coincidental private expenditure; and

               (b)    specify arrangements for the holder of the card to reimburse the authority for that coincidental private expenditure.

         (2)   The holder of the card must pay to the authority the amount paid by the authority for the coincidental private expenditure in accordance with the arrangements.

Note   The amount payable to the authority under this regulation is recoverable as a debt in a court of competent jurisdiction (see subsection 28B (3) of the Act).

6AE        Authorised expenditure using Commonwealth authority credit vouchers (Act, s 28B (2))

         (1)   For subsection 28B (2) of the Act, the directors of a Commonwealth authority may:

                (a)    authorise a person to use the authority’s credit voucher to pay a claim that includes both official and coincidental private expenditure; and

               (b)    specify arrangements for the person to reimburse the authority for that coincidental private expenditure.

         (2)   The person who uses the voucher must pay to the authority the amount paid by the authority for the coincidental private expenditure in accordance with the arrangements.

Note   The amount payable to the authority under this regulation is recoverable as a debt in a court of competent jurisdiction (see subsection 28B (3) of the Act).


Note

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