Part 1 Preliminary
1 Name of regulations [see Note 1]
These regulations are the Financial Management and Accountability Regulations 1997.
2 Commencement [see Note 1]
These regulations commence on the same day as the Financial Management and Accountability Act 1997.
3 Definitions
In these regulations:
Act means the Financial Management and Accountability Act 1997.
approver means:
(a) a Minister; or
(b) a Chief Executive; or
(c) a person authorised by or under an Act to exercise a function of approving proposals to spend public money.
arrangement means an arrangement, including a contract or agreement, under which public money is payable or may become payable, other than:
(a) an arrangement for:
(i) the engagement of an employee; or
(ii) the appointment of a person to a statutory office; or
(iii) the acquisition of particular property or services under a general arrangement with the supplier of those property or services, for the purposes of providing a statutory or employment entitlement; or
(b) an international agreement governed by international law.
Note An arrangement includes an arrangement under which public money is payable or may become payable as a notional payment — see section 6 of the Act.
employee includes:
(a) a member of the Defence Force; and
(b) a statutory office‑holder; and
(c) a person engaged under an Act mentioned in the following table.
| Item | Name of Act |
| 1 | Defence Act 1903 |
| 2 | Naval Defence Act 1910 |
| 3 | Commonwealth Electoral Act 1918 |
| 4 | Air Force Act 1923 |
| 5 | Governor-General Act 1974 |
| 6 | Australian Bureau of Statistics Act 1975 |
| 7 | Family Law Act 1975 |
| 8 | Office of National Assessments Act 1977 |
| 9 | Australian Federal Police Act 1979 |
| 10 | Australian Security Intelligence Organisation Act 1979 |
| 11 | High Court of Australia Act 1979 |
| 12 | Director of Public Prosecutions Act 1983 |
| 13 | Members of Parliament (Staff) Act 1984 |
| 14 | Australian Prudential Regulation Authority Act 1998 |
| 15 | Parliamentary Service Act 1999 |
| 16 | Public Service Act 1999 |
| 17 | Australian Securities and Investments Commission Act 2001 |
| 18 | Intelligence Services Act 2001 |
| 19 | Australian Civilian Corps Act 2011 |
financial task:
(a) means a task or procedure relating to the commitment, spending, management or control of public money; and
(b) does not include a task or procedure of that kind that is performed by an outsider, under an agreement or arrangement authorised under subsection 12 (1) of the Act.
Note Outsider is defined in section 12 of the Act as any person other than the Commonwealth, an official or a Minister.
Finance Chief Executive means the Secretary of the Department of Finance and Deregulation.
FMA Orders means Orders issued by the Finance Minister under section 63 of the Act.
grant has the meaning given by regulation 3A.
specified cash means cash in its physical form which is obtained:
(a) on credit; or
(b) from a cash float provided by a person other than the Agency that receives the specified cash.
spending proposal means a proposal that could lead to entering into an arrangement.
3A Meaning of grant
(1) In these regulations, a grant is an arrangement for the provision of financial assistance by the Commonwealth:
(a) under which public money is to be paid to a recipient other than the Commonwealth; and
(b) which is intended to assist the recipient achieve its goals; and
(c) which is intended to promote 1 or more of the Australian Government’s policy objectives; and
(d) under which the recipient is required to act in accordance with any terms or conditions specified in the arrangement.
(2) However, the following arrangements are taken not to be grants:
(a) the procurement of property or services by an agency, including the procurement of the delivery of a service by a third party on behalf of an agency;
(b) a gift of public property or public money, including an ex gratia payment;
(c) a payment of compensation made under:
(i) an act of grace arrangement; or
(ii) an arrangement for employment compensation; or
(iii) a similar arrangement;
(d) a payment of benefit to a person, including a payment of an entitlement established by legislation or by a government program;
(e) a tax concession or offset;
(f) an investment or loan of public money;
(g) financial assistance provided to a State in accordance with section 96 of the Constitution;
(h) a payment to a State or a Territory that is made for the purposes of the Federal Financial Relations Act 2009, including the following:
(i) General Revenue Assistance;
(ii) Other General Revenue Assistance;
(iii) National Specific Purpose Payments;
(iv) National Partnership Payments;
(i) a payment that is made for the purposes of the Local Government (Financial Assistance) Act 1995;
(j) a payment that is made for the purposes of the Schools Assistance Act 2008;
(k) a payment that is made for the purposes of the Higher Education Support Act 2003;
(l) a payment of assistance for the purposes of Australia’s international development assistance program, which is treated by the Commonwealth as official development assistance.
Note The Commonwealth has regard to the definition of official development assistance that the OECD has set out in its DAC Statistical Reporting Directives, available on the OECD’s website.
Part 2 Agencies
4 Allocation of certain persons to Departments of State and Departments of the Parliament (Act s 5)
(1) For paragraph (a) of the definition of Agency in section 5 of the Act:
(a) a person who performs a financial task for a Department of State is allocated to that Department; and
(b) a member of the Defence Force is allocated to the Department of Defence, unless the member’s services are made available to assist the Chief Executive Officer of the Defence Materiel Organisation; and
(c) an officer, instructor or cadet in the Australian Air Force Cadets, the Australian Army Cadets, or the Australian Navy Cadets is allocated to the Department of Defence; and
(d) a person employed, under the Members of Parliament (Staff) Act 1984, on the staff of an office‑holder or a Senator or Member is allocated to the Department of State to which the money out of which the person’s remuneration is paid is appropriated; and
(e) a person performing, or assisting in the performance
of, the functions of the Independent Auditor under Part 7 of the Auditor‑General Act 1997 is allocated to the Department of the Prime Minister and Cabinet.
(2) For paragraph (b) of the definition of Agency in section 5 of the Act, a person who performs a financial task for a Department of the Parliament is allocated to that Department.
(3) In subregulation (1):
Australian Air Force Cadets means the body continued in existence by section 8 of the Air Force Act 1923.
Australian Army Cadets means the body continued in existence by section 62 of the Defence Act 1903.
Australian Navy Cadets means the body continued in existence by section 38 of the Naval Defence Act 1910.
5 Prescribed Agencies and Chief Executives of prescribed Agencies (Act s 5)
(1) For the definition of prescribed Agency in section 5 of the Act, the combination of:
(a) a body, organisation or group mentioned in Schedule 1; and
(b) any other persons who perform financial tasks in relation to a function of that body, organisation or group;
is prescribed.
Note Under section 5 of the Act, a prescribed Agency is a body, organisation or group of persons prescribed by regulations for the purposes of this definition.
(2) For the Act and these Regulations, a prescribed Agency may be known by the name given to it in column 2 of Schedule 1.
(3) For the definition of Chief Executive in section 5 of the Act, the Chief Executive of a prescribed Agency specified in column 2 in Schedule 1 is the person from time to time holding or acting in the office specified in column 3 in relation to that Agency.
5A Business operation of an Agency
(1) The Finance Chief Executive may, in writing, determine that an activity, or a class of activities, of an Agency specified in the determination is to be treated as a business operation of the Agency.
Note The determination of an activity or activities as a business operation of an Agency has implications for reporting and auditing in relation to financial statements.
(2) The Finance Chief Executive must publish a determination on the Department’s website as soon as practicable after making it.
Part 3 Powers of Chief Executives
6 Chief Executive’s Instructions (Act s 52)
The Chief Executive of an Agency is authorised to give instructions (to be called Chief Executive’s Instructions) to officials in that Agency on any matter necessary or convenient for carrying out or giving effect to the Act or these Regulations, including instructions relating to the matters mentioned in paragraphs 65 (2) (a) and (b) of the Act.
Part 4 Commitments to spend public money
7 Commonwealth procurement (Act s 64)
(1) The Finance Minister may issue guidelines in relation to procurement, including:
(a) procurement policies and processes; and
(b) requirements regarding the publication of procurement details; and
(c) requirements regarding entering into procurement arrangements; and
(d) requirements regarding the disposal of public property.
(2) The guidelines are to have a title approved by the Finance Minister.
(3) An official performing duties in relation to procurement must act in accordance with any guidelines issued under subregulation (1).
7A Commonwealth Grant Guidelines (Act s 64)
(1) The Finance Minister may issue guidelines (to be called Commonwealth Grant Guidelines) in relation to grants administration, including:
(a) grant policies and processes; and
(b) requirements regarding the publication of grant details; and
(c) requirements regarding entering into grants.
(2) An official performing duties in relation to grants administration must act in accordance with the Commonwealth Grant Guidelines.
7B Commonwealth Cleaning Services Guidelines (Act s 64)
(1) The Minister for Tertiary Education, Skills, Jobs and Workplace Relations may issue guidelines (to be called Commonwealth Cleaning Services Guidelines) for the administration of tenders conducted by Agencies in relation to the procurement of cleaning services for properties occupied by Agencies, including:
(a) procurement policies and processes; and
(b) requirements regarding entering into procurement arrangements.
(2) An official performing duties in relation to a tender conducted by an Agency in relation to the procurement of cleaning services for a property occupied by the Agency must act in accordance with the Commonwealth Cleaning Services Guidelines.
8 Entering into an arrangement
A person must not enter into an arrangement unless:
(a) a spending proposal has been approved under regulation 9; and
(b) if required, written agreement has been given under regulation 10.
Note 1 If an agreement under regulation 10 is required, the agreement does not have to be given before the proposal is approved under regulation 9. A Chief Executive may require, for example in the Chief Executive’s Instructions, that these processes be done in a particular order.
Note 2 A Chief Executive has the power to enter into arrangements, on behalf of the Commonwealth, in relation to the affairs of the Agency. Some Chief Executives have delegated this power under section 53 of the Act — see section 44 of the Act.
9 Approval of spending proposals
An approver must not approve a spending proposal unless the approver is satisfied, after making reasonable inquiries, that giving effect to the spending proposal would be a proper use of Commonwealth resources (within the meaning given by subsection 44 (3) of the Act).
Note 1 Subsection 44 (3) of the Act defines proper use to mean efficient, effective, economical and ethical use that is not inconsistent with the policies of the Commonwealth.
Note 2 A spending proposal may be approved at any time prior to entering into the arrangement, and may be approved well before the arrangement is entered into. At the time the spending proposal is approved, the expectation is that an arrangement or arrangements will be entered into, consistent with the terms of the spending proposal.
Note 3 Approvals may be given subject to conditions.
10 Arrangements beyond available appropriation
If:
(a) a person proposes to enter into an arrangement; and
(b) the relevant Agency has an insufficient appropriation of money, under the provisions of an existing law or a proposed law that is before Parliament, to meet expenditure that might be payable under the arrangement;
the person must not enter into the arrangement unless the Finance Minister has agreed, in writing, to the expenditure that might become payable under the arrangement.
Note In some circumstances the Finance Minister’s agreement will not be required — see regulation 10A.
10A Contingent liabilities
(1) If:
(a) an arrangement consists of, or includes, a contingent liability in relation to an event; and
(b) the person proposing to enter the arrangement is satisfied, after making reasonable inquiries, that:
(i) the likelihood of the event occurring is remote; and
(ii) the most probable expenditure that would need to be made in accordance with the arrangement, if the event occurred, would not be material;
regulation 10 does not apply to that part of the arrangement.
(2) For subparagraph (1) (b) (i), the likelihood of an event occurring is remote if there is a probability of less than 5% that it will occur.
(3) For subparagraph (1) (b) (ii), expenditure is material if it is at least:
(a) an amount specified by the Finance Minister in a legislative instrument for this paragraph; or
(b) if the Finance Minister has not made a legislative instrument under paragraph (a) that applies to the Agency — $5 000 000.
Note The Finance Minister may specify an amount for a particular Agency.
11 Entering into loan guarantees
(1) Despite regulation 10A, a person must not give a loan guarantee on behalf of the Commonwealth unless:
(a) a spending proposal for the loan guarantee has been approved under regulation 9; and
(b) if required, written agreement has been given under regulation 10; and
(c) the Finance Minister has, in writing, approved the giving of the loan guarantee.
(2) In subregulation (1):
loan guarantee means a guarantee of the due payment of one or more of the following:
(a) the whole of the principal of a loan;
(b) the whole of the interest payable on a loan;
(c) a part of the principal of a loan;
(d) a part of the interest payable on a loan.
12 Recording approval of spending proposal
(1) If approval of a spending proposal has not been given in writing:
(a) the approver must record the terms of the approval in writing as soon as practicable after giving the approval; and
(b) if the spending proposal relates to a grant, the approver must include in the record the basis on which the approver is satisfied that the spending proposal complies with regulation 9.
(2) If:
(a) approval of a spending proposal has been given in writing; and
(b) the spending proposal relates to a grant; and
(c) the approver has not recorded in writing the basis on which the approver is satisfied that the spending proposal complies with regulation 9;
the approver must record that basis in writing as soon as practicable after giving the approval.
Part 5 Prescribed receipts that an Agency may retain
15 Prescribed receipts that an Agency may retain (Act s 31)
(1) This regulation sets out kinds of amounts for subsection 31 (1) of the Act.
Note If an Agency receives an amount mentioned in this regulation, subsection 31 (2) of the Act provides that the amount specified in the most recent departmental item for the Agency is taken to be increased by an amount equal to the amount received by the Agency.
(2) Subject to subregulations (4) to (6), amounts in the following table are kinds of amounts for subsection 31(1) of the Act if an amount of that kind is received by an Agency in relation to the Agency’s departmental activities.
| Item | Amount |
| 1 | An amount that offsets costs in relation to an activity of the Agency that receives it |
| 2 | An amount that is a sponsorship, subsidy, gift, bequest or a similar contribution |
| 3 | An amount that relates to a trust or a similar arrangement |
| 4 | An amount that is a monetary incentive or rebate in relation to a procurement arrangement |
| 5 | An amount that is an insurance recovery |
| 6 | An amount that is in satisfaction of a claim for damages or other compensation |
| 7 | An amount that relates to an employee’s leave (including paid parental leave) |
| 8 | An amount that is specified cash |
| 9 | An amount that relates to the sale of minor departmental assets of the Agency that receives the amount |
| 10 | An amount received in relation to an application to the Agency under the Freedom of Information Act 1982 |
(3) Subject to subregulations (4) to (6), amounts in the following table are kinds of amounts for subsection 31(1) of the Act.
| Item | Amount |
| 1 | An amount that relates to GST |
| 2 | An amount that is debited from a Special Account in accordance with the purposes of the Special Account |
| 3 | An amount that relates to the operation of a scheme determined in writing by the Minister for this item |
(4) Despite subregulations (2) and (3) and any other provision of these Regulations or another legislative instrument, an amount that is a tax, levy, fine or penalty is not an amount of a kind prescribed for subsection 31 (1) of the Act.
(5) If:
(a) an amount of the kind mentioned in an item of the table in subregulation (2) is received by an Agency; and
(b) the amount has been debited from an administered item appropriated for the Agency;
the amount is not an amount of a kind prescribed for subsection 31(1) of the Act.
(6) An amount received by an Agency is not amount of a kind prescribed for subsection 31 (1) of the Act if a departmental item has been appropriated for the Agency in relation to the amount received by the Agency.
(7) For item 9 of the table in subregulation (2), if the total of the amounts of the kind mentioned in the item received by the Agency in the financial year, after offsetting costs in relation to the sale of the minor departmental assets, reaches 5% of the Agency’s cumulative annual departmental appropriation for the financial year, any further amount of that kind received by the Agency in the financial year is not an amount of a kind prescribed for subsection 31 (1) of the Act.
(8) A determination for item 3 of the table in subregulation (3) is a legislative instrument.
(9) In this regulation:
administered item means an administered item in an Appropriation Act.
minor departmental asset means an asset for which the original purchase price was $10 000 000 or less.
Part 5A Protection of public money and public property
16A Guidelines on fraud (Act s 64)
(1) The Minister for Home Affairs may issue guidelines (to be called Fraud Control Guidelines) about the control of fraud, dealing with fraud risk assessments, the preparation and implementation of fraud control plans and reporting of fraud.
(2) An official performing duties in relation to the control and reporting of fraud must act in accordance with the Fraud Control Guidelines.
Part 6 Banking of public money etc
17 Prompt banking of received money (Act s 10)
(1) An official who:
(a) receives public money in a bankable currency; or
(b) receives money in a bankable currency that becomes public money on receipt;
must bank the money.
Note Section 10 of the Act provides that money includes cheques and similar instruments.
(2) The official must bank the money as soon as practicable, but in any case not later than:
(a) the next banking day; or
(b) a banking day approved by the Chief Executive for this paragraph.
Note 1 Section 10 of the Act imposes a penalty for a failure to bank public money as required by these Regulations.
Note 2 Section 11 of the Act provides that an official must not deposit public money in any account other than an official account.
Note 3 Chief Executives may approve other banking days for particular kinds of money (for example, specified cash). The days may be determined in the Chief Executive Instructions.
(3) A banking day for a bank is a day on which the bank is open to the public for general banking business, other than:
(a) a Saturday; or
(b) a Sunday; or
(c) a day that is a public holiday in the place where the money is received.
18 Public money in non-bankable currency (Act s 10)
(1) An official who receives public money in a non-bankable currency must take reasonable steps to safeguard the money.
(2) In subregulation (1):
non-bankable currency means:
(a) a currency that cannot be banked; or
(b) a currency the banking of which would, in the opinion of the Chief Executive of the Agency by which it is received, involve significant costs or administrative difficulty.
Note 1 Section 10 of the Act imposes a penalty for a failure to bank public money as required by these Regulations.
Note 2 Section 10 of the Act provides that money includes cheques and similar instruments.
19 Withdrawals involving internal transfers (Act s 13)
(1) For section 13 of the Act, an official may withdraw an amount from an official account for the purpose of depositing the amount into another official account if no appropriation and drawing right is relied on in relation to the transfer.
(2) For section 13 of the Act, an official may withdraw an amount from an official account for the purpose of establishing or reimbursing a cash advance established for a purpose, and maintained in a manner, approved by the Chief Executive.
(3) In subregulation (2):
cash advance means public money, in the custody or control of an official, and held outside an official account, for a purpose of making payments of public money in cash.
Note 1 Subregulations (1) and (2) authorise officials to make internal transfers (including within an Agency) of public money, in circumstances in which no real or notional payment is being made and no appropriation is required, for example, where an Agency transfers money from one of its own official accounts to another (or to the custody of an official), or money is transferred from the Official Public Account to an Agency’s account.
Note 2 Section 13 of the Act provides that a withdrawal of money from an official account that is not authorised by these Regulations carries a penalty.
19A Withdrawals for payments or notional payments involving drawing rights (Act s 13)
For section 13 of the Act, an official may withdraw an amount from an official account for the purpose of spending the amount under an appropriation if the official has been issued with a relevant drawing right under paragraph 27 (1) (a) of the Act.
20 Custody of securities (Act s 40)
If an official, in the course of carrying out duties as an official, receives bonds, debentures or other securities, the official must:
(a) issue a receipt for the bonds, debentures or other securities received; and
(b) maintain a register of all bonds, debentures or other securities received; and
(c) take reasonable steps to safeguard the bonds, debentures or other securities.
Note Section 40 of the Act imposes a penalty for a failure to deal with bonds, debentures or other securities in accordance with these Regulations.
Part 7 Borrowing and investment
21 Credit cards (Act s 38, s 60)
(1) An arrangement with a bank or other person under subsection 38 (2) of the Act may provide for the issue to, and use by, the Commonwealth of credit cards or credit vouchers.
Note Section 38 of the Act deals with short‑term borrowing by the Commonwealth.
(2) A Chief Executive may:
(a) authorise a holder of a Commonwealth credit card to use the Commonwealth credit card to pay a claim that includes both official and coincidental private expenditure; and
(b) specify arrangements for the holder of the Commonwealth credit card to reimburse the Commonwealth for that coincidental private expenditure.
(3) The holder of the Commonwealth credit card must pay to the Commonwealth the amount paid by the Commonwealth for the coincidental private expenditure.
(4) The amount payable to the Commonwealth under this regulation is recoverable as a debt in a court of competent jurisdiction.
(5) In this regulation:
Commonwealth credit card:
(a) has the meaning given by subsection 60 (3) of the Act; and
(b) includes a Commonwealth credit card number mentioned in subsections 60 (1) and (2) of the Act.
Note 1 Under section 60 of the Act, use of a Commonwealth credit card or a Commonwealth credit card number otherwise than for official purposes, or not in accordance with an authorisation under these Regulations carries a penalty.
Note 2 Section 38 of the Act deals with short‑term borrowing by the Commonwealth.
22 Investment of public money (Act s 39)
(1) For subparagraphs (a) (iv) and (b) (v) of the definition of authorised investment in subsection 39 (10) of the Act, each of the following is another form of investment:
(a) a bill of exchange accepted or endorsed only by a bank;
(b) a professionally managed money market trust if the Finance Minister or the Treasurer is satisfied that:
(i) the only investments managed by the trust are mentioned in subparagraph (a) (i), (ii) or (iii), or
(b) (i), (ii) or (iii), of the definition of authorised investment in subsection 39 (10) of the Act, or in paragraph (a); and
(ii) a charge over trust assets does not support any borrowings by the trust;
(c) a dematerialised security that is the equivalent of an investment mentioned in subparagraph a (iii) or (b) (iii)
of the definition of authorised investment in subsection 39 (10) of the Act;
(d) a dematerialised security that is the equivalent of an investment mentioned in paragraph (a).
(1A) The Treasurer may delegate to an official, by signed instrument, the Treasurer’s powers or functions under subregulation (1).
(1B) In exercising powers and functions under a delegation, the official must comply with any directions of the Treasurer.
(2) In subregulation (1):
dematerialised security means a debt obligation that is registered on Austraclear.
Note The Austraclear system is operated in accordance with the Austraclear Regulations of Austraclear Limited. In mid‑2008, this was available on the internet at:
http://www.asx.com.au/supervision/pdf/sfe_operating_rules/austraclear_system_regulations.pdf
22AA Notice of share acquisitions and other events (Act s 39A)
(1) A notice of an event mentioned in subsection 39A (2) of the Act must be in the form in Schedule 1A.
(2) The notice must include the particulars set out in the table.
| Item | Particular |
| 1 | The name and portfolio of the Minister who has the responsibility for the event |
| 2 | The nature of the event |
| 3 | The name of the company involved in the event |
| 4 | If the company is incorporated in Australia: (a) the company’s ACN; or (b) the company’s ARBN (if the company has an ARBN) |
| 5 | If the company is a foreign company: (a) the jurisdiction in which the company is incorporated; and (b) any incorporation identifier provided for the company in that jurisdiction; and (c) the company’s ARBN (if the company has an ARBN) |
| 6 | The address of the company’s principal place of business |
| 7 | Whether the company is included in an official list of a stock exchange and, if so, the name of the stock exchange |
| 8 | Whether the company is: (a) a company limited by shares; or (b) a company limited by guarantee; or |
| | (c) a company limited by guarantee and shares; or (d) an unlimited company; or (e) a no liability company |
| 9 | Whether the company is: (a) a public company (a company that is not a proprietary company within the meaning of section 9 of the Corporations Act 2001); or |
| | (b) a large proprietary company; or (c) a small proprietary company |
| 10 | Whether the company is a company with only 1 member |
| 11 | If the company is a foreign company, a description of the legal structure of the company |
| 12 | If, before or after the event, there were 1 or more ultimate holding companies: (a) the name of each ultimate holding company; and (b) if applicable, the ACN or ARBN of each ultimate holding company; and |
| | (c) for each ultimate holding company that is a foreign company, the jurisdiction in which it is incorporated and the incorporation identifier (if any) provided for the company in that jurisdiction |
(3) The notice must also include a short statement about the event, setting out the particulars in the table.
| Item | Information |
| 1 | The reasons for the event |
| 2 | Whether the Commonwealth or a prescribed body will be under an obligation or will have a liability because of the event |
| 3 | Whether, because of the event, the Commonwealth or a prescribed body: (a) has, or will have, control of the company; or (b) no longer has, or will no longer have, control of the company |
| 4 | The dollar value of any consideration paid or received by the Commonwealth or a prescribed body in relation to the event |
| 5 | Any other areas where the interests of the Commonwealth or a prescribed body have been affected by the event |
(4) In this regulation, each of the following terms has the meaning given by section 9 of the Corporations Act 2001:
(a) ACN (short for ‘Australian Company Number’);
(b) ARBN (short for ‘Australian Registered Body Number’);
(c) company limited by guarantee;
(d) company limited by shares;
(e) foreign company;
(f) large proprietary company;
(g) no liability company;
(h) small proprietary company;
(i) ultimate holding company;
(j) unlimited company.
Part 7A Reporting and audit etc
22A Preparation of annual financial statements by Finance Minister (Act s 55)
(1) For subsection 55 (1) of the Act, the Finance Minister must prepare annual financial statements in relation to the Commonwealth that include the following:
(a) an operating statement;
(b) a statement of financial position;
(c) a statement of cash flows;
(d) notes to the financial statements.
(2) The annual financial statements mentioned in subregulation (1) must give a true and fair view of:
(a) the Commonwealth’s financial position at the end of the financial year for which the statements are prepared; and
(b) the results of the Commonwealth’s operations and cash flows for that financial year.
(3) If the annual financial statements would not otherwise give a true and fair view of the matters mentioned in subregulation (2), the Finance Minister must add to the financial statements such information and explanations as will give a true and fair view of those matters.
(4) The Finance Minister must state in the annual financial statements whether, in the Finance Minister’s opinion, the financial statements give a true and fair view of the matters mentioned in subregulation (2).
22B Audit of Finance Minister’s annual financial statements (Act s 56)
(1) For subsection 56 (1) of the Act, the Auditor‑General must state in each audit report whether, in the Auditor‑General’s opinion, the financial statements mentioned in subregulation 22A (1):
(a) have been prepared in accordance with regulation 22A; and
(b) give a true and fair view of the matters mentioned in subregulation 22A (2).
(2) If the Auditor‑General is not of that opinion, the Auditor‑ General must state the reasons.
22C Audit committee (Act s 46)
Membership
(1) A Chief Executive who is appointing one or more members of an audit committee must:
(a) have regard to:
(i) the Agency’s governance framework and assurance mechanisms; and
(ii) the key risks to the Agency, including risks relating to program delivery and implementation; and
(b) ensure that each member to be appointed has, in the Chief Executive’s opinion, appropriate skills and experience to carry out the committee’s functions, including the ability to advise the Chief Executive about how the Chief Executive can manage the key risks; and
(c) ensure, as far as practicable, that the committee includes at least one member who is not an employee of the Agency (an external member).
(2) The Chief Executive must appoint a member of an audit committee (who may be an external member) as the Chair of the committee.
(3) The Chief Executive must give an audit committee terms of reference that include particulars of:
(a) its functions; and
(b) the frequency of its meetings; and
(c) its membership.
Functions of audit committee
(4) In addition to subsection 46 (1) of the Act, the functions of an audit committee include the following, unless the Chief Executive decides, in writing, that the committee is not to have a particular function:
(a) reviewing periodically the adequacy of the Agency’s governance arrangements;
(b) reviewing the operational effectiveness of the Agency’s risk management framework;
(c) reviewing the adequacy of the Agency’s internal control environment;
(d) reviewing the adequacy of the Agency’s controls that are designed to ensure the Agency’s compliance with legislation;
(e) advising the Chief Executive about the internal audit plans of the Agency;
(f) advising the Chief Executive about the professional standards to be used by internal auditors in the course of carrying out audits in the Agency;
(g) as far as practicable, coordinating work programs relating to internal and external audits;
(h) reviewing the adequacy of the Agency’s response to reports of internal and external audits;
(i) reviewing the content of reports of internal and external audits, for the purpose of identifying material that is relevant to the Agency, and advising the Chief Executive about good practices;
(j) advising the Chief Executive about action to be taken on significant matters of concern, or significant opportunities for improvement, that are mentioned in reports of internal and external audits;
(k) advising the Chief Executive on the preparation and review of the Agency’s financial statements;
(l) providing any other advice to the Chief Executive about the Chief Executive’s obligations under the Act.
(5) A Chief Executive may add to, or vary, the functions of an audit committee, having regard to:
(a) the Agency’s governance framework and assurance mechanisms; and
(b) the key risks to the Agency, including risks relating to program delivery and implementation.
22D Estimates
(1) A Chief Executive must prepare budget estimates for each financial year, and for any other periods directed by the Finance Chief Executive.
(2) The estimates must be:
(a) prepared in the form specified by the Finance Chief Executive; and
(b) provided as required by the Finance Chief Executive.
Part 8 Found property
23 Disposal of property found on Commonwealth premises etc (Act s 41)
(1) If:
(a) property (other than money, or property to which subregulation (2) applies) is found on premises, or in an aircraft, vessel, vehicle, container or receptacle, under the control of the Commonwealth; and
(b) the property is not claimed by its owner within 3 months from the date on which it is so found;
the Commonwealth may dispose of the property.
(2) The Commonwealth may, at any time, dispose of:
(a) live plants or animals; or
(b) perishable goods; or
(c) articles that are, or could be, dangerous or noxious;
found on premises, or in an aircraft, vessel, vehicle, container or receptacle, under the control of the Commonwealth.
(3) The Commonwealth must dispose of the property by sale, unless it is impracticable, or undesirable in the public interest, to do so.
(4) If:
(a) the Commonwealth has disposed of property by sale; and
(b) the person who was the owner of the property immediately before the sale makes a claim on the Commonwealth in respect of the property;
the Commonwealth must pay to the person an amount equal to the amount for which the property was sold less the aggregate of any amounts reasonably spent by the Commonwealth for the storage, maintenance or disposal of the property.
(5) If property is sold by the Commonwealth, any right in respect of the property vested in a person before the sale ceases to exist at the time of the sale.
Part 8A Delegations and instruments
24 Finance Minister may delegate powers
(1) The Finance Minister may delegate to an official, by written instrument, all of the Finance Minister’s powers or functions under these Regulations (other than this power of delegation).
(2) If a delegation by the Finance Minister relates to the Finance Minister’s powers or functions under regulation 9 or 10, the Finance Minister may also delegate the power of delegation under subregulation (1) in relation to those powers or functions.
(3) In exercising powers and functions under a delegation, the official must comply with any directions of the Finance Minister.
(4) This regulation does not, by implication, limit:
(a) any other power of the Finance Minister to authorise a person to act on behalf of the Finance Minister; or
(b) any other power of an official to authorise a person to act on behalf of the official.
26 Chief Executive may delegate powers
(1) The Chief Executive of an Agency may delegate to an official, by written instrument:
(a) any of the Chief Executive’s powers or functions under these Regulations (including this power of delegation); or
(b) a power or function that has been delegated to the Chief Executive by the Finance Minister or the Finance Chief Executive.
(2) In exercising powers and functions under a delegation, the official must comply with any directions of the Chief Executive.
(3) This regulation does not, by implication, limit:
(a) any other power of a Chief Executive to authorise a person to act on behalf of the Chief Executive; or
(b) any other power of an official to authorise a person to act on behalf of the official.
26A Operation of instruments under the Regulations
(1) An instrument made under these Regulations must not be inconsistent with:
(a) the Act; or
(b) these Regulations; or
(c) the FMA Orders.
(2) The instruments to which subregulation (1) applies include the instruments mentioned in the following table.
| Item | Instrument |
| 1 | Chief Executive’s Instructions |
| 2 | Commonwealth Procurement Guidelines |
| 3 | Commonwealth Grant Guidelines |
| 4 | Fraud Control Guidelines |
| 5 | A direction to a delegate |
Part 9 Modified operation of Act and relevant regulations
27 Modification of Act for intelligence or security agency (Act s 58)
The application of the Act to an intelligence or security agency is subject to the modifications set out in Schedule 2.
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.
28A Non-application of relevant regulations to operational money (Act s 58)
(1) Subregulations 7 (2), 7A (2), 7B (2) and 16A (2) do not apply to an official of:
(a) an intelligence or security agency; or
(b) a prescribed law enforcement agency;
who performs duties in relation to the procurement of property or services, the administration of grants or the control and reporting of fraud.
(2) Subregulation (1) has effect only to the extent that the public money involved is operational money within the meaning of section 5 of the Act as modified in accordance with Schedule 2.
(3) Regulation 9 does not apply to a spending proposal by:
(a) an intelligence or security agency; or
(b) a prescribed law enforcement agency;
to spend operational money within the meaning of section 5 of the Act as modified in accordance with Schedule 2.
(4) In this regulation:
intelligence or security agency has the meaning given by subsection 58 (2) of the Act.
prescribed law enforcement agency has the meaning given by subsection 58 (2) of the Act.
Part 10 Act of grace and probate payments
29 Act of grace payments and waiver of debts
(Act s 33, s 34)
(1) If a proposed authorisation under subsection 33 (1) of the Act would involve, or be likely to involve, a total amount of more than $250 000, the Finance Minister:
(a) must ask the persons mentioned in subregulation (3) to give him or her a report on the proposed authorisation, in the capacity of an Advisory Committee; and
(b) must not authorise the payment without considering the report of the Advisory Committee.
(2) If a proposed waiver under subsection 34 (1) of the Act would involve, or be likely to involve, a total amount of more than $250 000, the Finance Minister:
(a) must ask the persons mentioned in subregulation (3) to give him or her a report on the proposed authorisation, in the capacity of an Advisory Committee; and
(b) must not authorise the payment without considering the report of the Advisory Committee.
(3) The persons are:
(a) either:
(i) the Chief Executive Officer of Customs; or
(ii) if the Agency that is responsible for the matter on which the Committee has to report is the Australian Customs and Border Protection Service — a Chief Executive nominated by the Finance Minister; and
(b) either:
(i) the Secretary to the Department of Finance and Deregulation; or
(ii) if the Agency that is responsible for the matter on which the Committee has to report is the Department of Finance and Deregulation — a Chief Executive nominated by the Finance Minister; and
(c) either:
(i) the Chief Executive of the Agency that is responsible for the matter on which the Committee has to report; or
(ii) if there is no Agency responsible for the matter — a Chief Executive nominated by the Finance Minister.
(4) A member of an Advisory Committee may appoint a deputy to act in his or her place.
(5) An Advisory Committee may prepare its report without having a meeting.
30 Finance Minister may approve payments pending probate etc
(1) If, at the time of a person’s death, the Commonwealth owed an amount to the person, the Finance Minister may authorise payment of that amount to the person who the Minister considers should receive the payment.
(2) The Minister may authorise the payment without requiring production of probate of the will of the deceased person or letters of administration of the estate of the deceased person.
(3) In deciding who should be paid, the Finance Minister must have regard to the persons who are entitled to the property of the deceased person under the deceased person’s will or under the law relating to the disposition of the property of deceased persons.
(4) Subject to subregulation (5), after the payment is made, the Commonwealth has no further liability in respect of the payment.
(5) This regulation does not relieve the recipient from a liability to deal with the money in accordance with law.
(6) This regulation does not have the effect of appropriating the CRF for the purposes of payments under this regulation.
(7) This regulation extends to a case in which the deceased person died before the commencement of this regulation.
Part 11 Transferring leave entitlements — payments when employees move between Agencies etc
31 Application of Part 11
(1) This Part applies if
(a) an employee in an Agency (the old employer) moves to another Agency, a Commonwealth authority or the High Court of Australia, (the new employer); and
(b) some or all of the employee’s accrued leave entitlements are transferred to the new employer as part of the employee’s move; and
(c) the move is not a direct consequence of the transfer of a government function.
Note Agency is defined in section 5 of the Act. It includes a Department of State, a Department of the Parliament and an Agency prescribed by the FMA Regulations.
(2) In this regulation:
Commonwealth authority has the same meaning as in the Commonwealth Authorities and Companies Act 1997.
32 Agencies to co-operate
The old employer must give reasonable assistance necessary for the new employer to prepare the invoice for the purposes of regulation 33, including information in writing about the employee’s entitlements.
33 Payment within 30 days of a correctly rendered invoice
(1) Within 30 days of the receipt of a correctly rendered invoice from the new employer, the old employer must pay to the new employer an amount equal to the sum of the value, worked out on the basis of the employee’s salary immediately before leaving the old employer, of:
(a) the employee’s annual leave entitlement at that time; and
(b) 95% of the employee’s long service leave entitlement at that time.
Note Where, for example, an employee has moved from the old employer to the new employer for a short period (and will be returning to the old employer), the employers may agree that it is not efficient for the new employer to send an invoice and for the old employer to pay an amount under this regulation (as long as the employee will not be deprived of access to relevant leave).
(2) In subregulation (1):
long service leave entitlement, for an employee, means:
(a) the period of long service leave to which the employee is legally entitled; or
(b) if the employee is not legally entitled to any long service leave — the amount worked out by multiplying the notional amount of long service leave to which the employee is entitled for a year of service by the weighting factor set out in the following table that applies to the number of years of service the employee has completed.
| Years of service | Weighting factor |
| Less than 1 | 0.5 |
| At least 1 but less than 2 | 0.6 |
| At least 2 but less than 4 | 0.7 |
| At least 4 but less than 6 | 0.8 |
| At least 6 but less than 8 | 0.9 |
| At least 8 | 1.0 |
34 Specific rules affecting members of the Defence Force
(1) If:
(a) the employee was engaged by the old employer as a member of the Defence Force; and
(b) the employee is engaged by the new employer in a capacity other than as a member of the Defence Force; and
(c) the employee is not legally entitled to any long service leave immediately before becoming engaged in the new employer; and
(d) the employee’s salary, immediately before moving from the old employer, is greater than the employee’s salary immediately on moving to the new employer;
the value of the employee’s long service leave entitlement is to be worked out on the basis of the employee’s salary immediately on moving to the new employer.
(2) In subregulation (1):
long service leave entitlement, for an employee, has the meaning given by subregulation 33 (2).
Notes to the Financial Management and Accountability Regulations 1997
Note 1
The Financial Management and Accountability Regulations 1997
(in force under the Financial Management and Accountability Act 1997) as shown in this compilation comprise Statutory Rules 1997 No. 328 amended as indicated in the Tables below.
For all relevant information pertaining to application, saving or transitional provisions see Table A.
Table of Instruments
| Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
| 1997 No. 328 | 3 Dec 1997 | 1 Jan 1998 (see r. 2 and Gazette 1997, No. GN49) | |
| 1998 No. 65 | 24 Apr 1998 | 24 Apr 1998 | — |
| 1998 No. 112 (a) | 27 May 1998 | 27 May 1998 | R. 4 |
| 1998 No. 122 | 9 June 1998 | 1 July 1998 | — |
| 1998 No. 261 | 18 Aug 1998 | 18 Aug 1998 | — |
| 1998 No. 289 | 1 Sept 1998 | 1 Sept 1998 | — |
| 1998 No. 333 | 16 Dec 1998 | 16 Dec 1998 | — |
| 1999 No. 44 | 24 Mar 1999 | 24 Mar 1999 | — |
| 1999 No. 45 | 24 Mar 1999 | Schedule 2: 5 Feb 1999 (see Gazette 1999,
No. S50)
Remainder: 24 Mar 1999 | — |
| 1999 No. 107 | 17 June 1999 | Rr. 1–3 and Schedule 1:
17 June 1999
Remainder: 1 July 1999 | — |
| 1999 No. 108 | 17 June 1999 | 1 July 1999 | — |
| 1999 No. 272 | 17 Nov 1999 | 1 Sept 1999 | — |
| 2000 No. 20 | 15 Mar 2000 | Schedule 2: 10 Dec 1999
Schedule 3: 1 July 2000
Remainder: 5 Dec 1999 | — |
| as amended by | | | |
| 2000 No. 145 | 28 June 2000 | (see 2000 No. 145 below) | — |
| 2000 No. 145 | 28 June 2000 | Rr. 1–3 and Schedule 1: 30 June 2000
Remainder: 1 July 2000 | — |
| 2000 No. 200 | 31 July 2000 | 31 July 2000 | — |
| 2000 No. 224 | 17 Aug 2000 | 1 July 2000 | — |
| 2001 No. 13 | 13 Feb 2001 | Schedule 2: 1 July 2001
Remainder: 13 Feb 2001 | — |
| 2001 No. 198 | 19 July 2001 | 1 July 2001 | — |
| 2002 No. 74 | 18 Apr 2002 | 18 Apr 2002 | — |
| 2002 No. 113 | 7 June 2002 | Rr. 1–3 and Schedule 1:
7 June 2002
Remainder: 1 July 2002 | — |
| 2002 No. 211 | 12 Sept 2002 | 12 Sept 2002 | — |
| 2002 No. 298 | 4 Dec 2002 | 4 Dec 2002 | — |
| 2002 No. 326 | 20 Dec 2002 | 1 Jan 2003 (see r. 2) | — |
| 2003 No. 105 | 30 May 2003 | 1 July 2003 | — |
| 2003 No. 119 | 19 June 2003 | 1 July 2003 | — |
| 2003 No. 148 | 26 June 2003 | 1 July 2003 | — |
| 2004 No. 57 | 8 Apr 2004 | Rr. 1–3 and Schedule 1: 8 Apr 2004
Remainder: 1 July 2004 | — |
| 2004 No. 310 | 4 Nov 2004 | 4 Nov 2004 | — |
| 2004 No. 331 | 1 Dec 2004 | Rr. 1–3 and Schedule 1:
1 Dec 2004
Remainder: 23 May 2005 (see r. 2 (b)) | — |
| 2005 No. 6 | 14 Feb 2005 (see F2005L00147) | 15 Feb 2005 | — |
| 2005 No. 74 | 28 Apr 2005 (see F2005L00960) | Rr. 1–3 and Schedule 1: 28 Apr 2005
Remainder: 1 July 2005 | — |
| 2005 No. 111 | 11 June 2005 (see F2005L01415) | Rr. 1–3 and Schedule 1: 11 June 2005
Remainder: 1 July 2005 | — |
| 2005 No. 126 | 17 June 2005 (see F2005L01542) | 1 July 2005 | — |
| 2005 No. 207 | 19 Sept 2005 (see F2005L02673) | 1 Oct 2005 (see r. 2) | — |
| 2005 No. 218 | 7 Oct 2005 (see F2005L02918) | Rr. 1–3 and Schedule 1 [item 6]: 8 Oct 2005 | — |
| 2006 No. 53 | 24 Mar 2006 (see F2006L00909) | 27 Mar 2006 | — |
| 2006 No. 63 | 24 Mar 2006 (see F2006L00910) | 3 Apr 2006 (see r. 2) | — |
| 2006 No. 77 | 5 May 2006 (see F2006L01175) | 6 May 2006 | — |
| 2006 No. 151 | 28 June 2006 (see F2006L01993) | 29 June 2006 | — |
| 2006 No. 152 | 28 June 2006 (see F2006L02019) | Rr. 1, 2: 29 June 2006
R. 5 and Schedule 3: (b)
Remainder: 1 July 2006 | — |
| 2006 No. 153 | 28 June 2006 (see F2006L02011) | 1 July 2006 | — |
| 2006 No. 154 | 28 June 2006 (see F2006L02016) | 1 July 2006 | — |
| 2006 No. 268 | 20 Oct 2006 (see F2006L03472) | 1 Dec 2006 (see r. 2) | — |
| 2006 No. 351 | 14 Dec 2006 (see F2006L04063) | 30 Dec 2006 (see r. 2) | — |
| 2007 No. 84 | 16 Apr 2007 (see F2007L00975) | Rr. 1–3 and Schedule 1:
17 Apr 2007
Remainder: 1 July 2007 (see r. 2 (b), (c) and (d)) | — |
| 2007 No. 112 | 11 May 2007 (see F2007L01314) | Rr. 1–3 and Schedule 1:
12 May 2007
Remainder: 1 July 2007 | — |
| 2007 No. 158 | 25 June 2007 (see
F2007L01771) | Rr. 1–3: 26 June 2007
Remainder: 1 July 2007
(see r. 2 (b)) | — |
| 2007 No. 159 | 25 June 2007 (see
F2007L01772) | Rr. 1–3: 26 June 2007
Remainder: 1 July 2007
(see r. 2 (b)) | — |
| 2007 No. 252 | 27 Aug 2007 (see F2007L02561) | 28 Aug 2007 | — |
| 2008 No. 4 | 30 Jan 2008 (see F2008L00227) | Rr. 1–3 and Schedule 1:
31 Jan 2008
Remainder: 3 Mar 2008 (see r. 2 (b)) | — |
| 2008 No. 108 | 24 June 2008 (see F2008L02162) | Rr. 1–4 and Schedule 1:
25 June 2008
Remainder: 1 July 2008 | R. 4 |
| 2008 No. 143 | 29 June 2008 (see F2008L02248) | Rr. 1–3 and Schedule 1: 30 June 2008
Remainder: 1 July 2008 (see r. 2 (b)) | — |
| 2008 No. 146 | 30 June 2008 (see F2008L02250) | 1 July 2008 (see r. 2) | — |
| 2008 No. 266 | 15 Dec 2008 (see F2008L04632) | Rr. 1–3: 16 Dec 2008
Schedule 1: 15 Dec 2008 (see r. 2 (b) and F2008L04656) | — |
| 2008 No. 267 | 18 Dec 2008 (see F2008L04624) | Rr. 1–3 and Schedule 1: 19 Dec 2008
R. 4 and Schedule 2: 1 Jan 2009 (see r. 2 (b)) | — |
| 2009 No. 32 | 2 Mar 2009 (see F2009L00708) | 1 July 2009 | — |
| 2009 No. 41 | 19 Mar 2009 (see F2009L01034) | 20 Mar 2009 | R. 4 (am. by 2010 No. 172, Sch. 1 item [1]) |
| as amended by | | | |
| 2010 No. 172 | 30 June 2010 (see F2010L01815) | Rr. 1–3 and Schedule 1:
19 Mar 2009
R. 4 and Schedule 2:
30 June 2009 | |
| 2009 No. 83 | 18 May 2009 (see F2009L01812) | Rr. 1–3 and Schedule 1: 19 May 2009
Schedule 2: 5 Aug 2009 (see r. 2 (b)) | — |
| 2009 No. 134 | 25 June 2009 (see F2009L02519) | 1 July 2009 | R. 4 (am. by 2010 No. 172, Sch. 2 item [1]) |
| as amended by | | | |
| 2010 No. 172 | 30 June 2010 (see F2010L01815) | Rr. 1–3 and Schedule 1:
19 Mar 2009
R. 4 and Schedule 2:
30 June 2009 | |
| 2009 No. 135 | 25 June 2009 (see F2009L02490) | Rr. 1–3 and Schedule 1:
1 July 2009
R. 4 and Schedule 2:
31 July 2009 | — |
| 2009 No. 268 | 14 Oct 2009 (see F2009L03726) | 1 Nov 2009 (see r. 2 and F2009L03902) | — |
| 2009 No. 329 | 27 Nov 2009 (see F2009L04322) | 1 Jan 2010 | — |
| 2010 No. 3 | 11 Feb 2010 (see F2010L00347) | Rr. 1–3 and Schedule 1:
31 Dec 2009
R. 4 and Schedule 2:
31 Jan 2010 | — |
| 2010 No. 114 | 7 June 2010 (see F2010L01481) | 1 July 2010 | — |
| 2010 No. 171 | 30 June 2010 (see F2010L01816) | 1 July 2010 | R. 4 |
| 2010 No. 258 | 28 Oct 2010 (see F2010L02808) | 1 Nov 2010 | — |
| 2010 No. 259 | 29 Oct 2010 (see F2010L02758) | 30 Oct 2010 | — |
| 2010 No. 323 | 21 Dec 2010 (see F2010L03209) | Rr. 1–3 and Schedule 1:
1 Jan 2011
R. 4 and Schedule 2:
1 Mar 2011 (see r. 2 (b)) | R. 5 |
| 2011 No. 14 | 28 Feb 2011 (see F2011L00313) | Rr. 1–4 and Schedules 1 and 2: 1 Mar 2011
Rr. 5, 6 and Schedules 3 and 4: 1 Mar 2011 (see r. 2 (b) and F2011L00245)
Rr. 7, 8 and Schedules 5 and 6: 1 July 2011 | — |
| 2011 No. 49 | 3 May 2011 (see F2011L00676) | 10 May 2011 (see r. 2) | — |
| 2011 No. 118 | 4 July 2011 (see F2011L01411) | 29 July 2011 (see r. 2) | — |
| 2011 No. 119 | 30 June 2011 (see F2011L01359) | 1 July 2011 | R. 4 |
| 2011 No. 163 | 1 Sept 2011 (see F2011L01795) | 1 Sept 2011 | R. 4 |
| 2011 No. 219 | 25 Nov 2011 (see F2011L02434) | 26 Nov 2011 | — |
| 2011 No. 259 | 14 Dec 2011 (see F2011L02683) | Rr. 1–3 and Schedule 1:
15 Dec 2011
Schedule 2: 21 Oct 2011 (see r. 2 (b) and F2011L02089)
Schedule 3: 1 Jan 2012 | — |
| 2012 No. 28 | 13 Mar 2012 (see F2012L00564) | 14 Mar 2012 | R. 4 |
| 2012 No. 38 | 26 Mar 2012 (see F2012L00678) | Ss. 1–3 and Schedule 1: 27 Mar 2012
S. 4 and Schedule 2:
1 Apr 2012 | — |
| 2012 No. 80 | 29 May 2012 (see F2012L01109) | Schedule 5: 1 June 2012 (see s. 1.2 and F2012L01107) | — |
(a) Statutory Rule 1998 No. 112 was made under the Financial Management and Accountability Act 1997 and the Productivity Commission (Repeals, Transitional and Consequential Amendments) Act 1998.
(b) Regulation 2 (d) of the Financial Management and Accountability Amendment Regulations 2006 (No. 5) (SLI 2006 No. 152) provides as follows:
(d) at the time declared, in a notice published in the Gazette under subsection 58 (2) of the Dairy Produce Act 1986, to be the second DAA phase‑down time.
The second DAA phase‑down time was midnight on 30 June 2006 (see Gazette 2006, No. GN25).
(c) Regulation 2 (b) of SLI 2008 No. 4 provides as follows:
(b) immediately after the commencement of section 171 of the Water Act 2007 — Schedule 2.
Table of Acts
| Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
| Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 | 45, 2005 | 1 Apr 2005 | Schedule 1
(item 64): 1 July 2005 | — |
| Building and Construction Industry Improvement (Consequential and Transitional) Act 2005 | 112, 2005 | 12 Sept 2005 | Schedule 3:
12 Sept 2005 | — |
| Workplace Relations (Work Choices) Act 2005 | 153, 2005 | 14 Dec 2005 | Schedule 1A
(item 2): 14 Dec 2005 | — |
| Australian Sports Anti‑Doping Authority (Consequential and Transitional Provisions) Act 2006 | 7, 2006 | 7 Mar 2006 | Schedule 1
(item 8): 13 Mar 2006 | — |
| Anti‑Money Laundering and Counter‑Terrorism Financing (Transitional Provisions and Consequential Amendments) Act 2006 | 170, 2006 | 12 Dec 2006 | Schedule 1
(item 39): 13 Dec 2006 | — |
| Workplace Relations Amendment (A Stronger Safety Net) Act 2007 | 107, 2007 | 28 June 2007 | Schedule 2
(item 31) and Schedule 3
(item 17): I July 2007 | — |
| Wheat Marketing Amendment Act 2007 | 108, 2007 | 28 June 2007 | Schedule 5
(item 1): 1 Oct 2007 | — |
| Wheat Export Marketing (Repeal and Consequential Amendments) Act 2008 | 66, 2008 | 30 June 2008 | Schedule 2
(items 9 and 10): 1 July 2008 | Sch. 3 |
| Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Schedule 1
(items 88 and 89): 1 July 2011 | — |
| Clean Energy (Consequential Amendments) Act 2011 | 132, 2011 | 18 Nov 2011 | Schedule 1
(items 104 and 105): 2 Apr 2012
Schedule 1 (item 261): (see s. 2 (1) and Note 2) | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| Part 1 | |
| R. 1........................................ | rs. 1998 No. 289 |
| Heading to r. 3..................... | rs. 1999 No. 107 |
| R. 3........................................ | am. 1999 No. 107; 2002 No. 74; 2008 No. 4; 2009 Nos. 41 and 134; 2010 Nos. 171 and 323; 2011 No. 49 |
| R. 3A...................................... | ad. 2009 No. 134 |
| | am. 2010 No. 171 |
| Part 2 | |
| Heading to r. 4..................... | rs. 2005 No. 111; 2010 No. 171 |
| R. 4........................................ | am. 2000 No. 20; 2004 No. 331; 2005 Nos. 74 and 111 |
| | rs. 2009 No. 41 |
| Heading to r. 5..................... | rs. 2005 No. 111; 2010 No. 171 |
| R. 5........................................ | am. 1999 Nos. 44 and 45; 2004 No. 331; 2005 No. 111 |
| R, 5A...................................... | ad, 2009 No. 134 |
| R. 6........................................ | rs. 2010 No. 171 |
| Part 4 | |
| Heading to r. 7..................... | rs. 2009 No. 134 |
| R. 7........................................ | am. 2002 No. 74; 2009 No. 134 |
| | rs. 2010 No. 171; 2012 No. 28 |
| R. 7A...................................... | ad. 2009 No. 134 |
| | rs. 2010 No. 171 |
| R. 7B...................................... | ad. 2011 No. 219 |
| R. 8........................................ | rep. 2009 No. 134 |
| | ad. 2010 No. 171 |
| Heading to r. 9..................... | rs. 2010 No. 171 |
| R. 9........................................ | am. 1999 No. 44; 2006 No. 151 |
| | rs. 2009 No. 134 |
| | am. 2010 No. 171 |
| Note to r. 9............................ | rep. 2010 No. 171 |
| Note 1 to r. 9........................ | ad. 2010 No. 171 |
| | rs. 2011 No. 14 |
| Note 2 to r. 9........................ | ad. 2010 No. 171 |
| Note 3 to r. 9........................ | ad. 2010 No. 171 |
| R. 10...................................... | rs. 2010 No. 171 |
| R. 10A................................... | ad. 2010 No. 171 |
| Heading to r. 11.................. | rs. 2002 No. 74 |
| R. 11...................................... | am. 2002 No. 74; 2009 No. 134 |
| | rs. 2010 No. 171 |
| | am. 2010 No. 323 |
| R. 12...................................... | rs. 2009 No. 134 |
| R. 13...................................... | am. 2002 No. 74 |
| | rs. 2009 No. 134 |
| | rep. 2010 No. 171 |
| R. 14...................................... | am. 2002 No. 74; 2009 No. 134 |
| | rep. 2010 No. 171 |
| Part 5..................................... | rep. 1999 No. 107 |
| Rr. 15–18.............................. | rep. 1999 No. 107 |
| Part 5 | |
| Heading to Part 5................ | rs. 2011 No. 219 |
| Part 5..................................... | ad. 2008 No. 108 |
| Heading to r. 15.................. | rs. 2010 No. 171; 2011 No. 219 |
| R. 15...................................... | ad. 2008 No. 108 |
| | am. 2009 No. 134 |
| | rs. 2010 No. 323 |
| R. 16...................................... | ad. 2008 No. 108 |
| | rep. 2010 No. 323 |
| Part 5A | |
| Part 5A.................................. | ad. 2009 No. 41 |
| R. 16A................................... | ad. 2009 No. 41 |
| | am. 2009 No. 134 |
| | rs. 2010 No. 171 |
| R. 16B................................... | ad. 2009 No. 41 |
| | rep. 2009 No. 134 |
| Part 6 | |
| Heading to Part 9................ | rs. 2009 No. 134 |
| Part 6..................................... | rs. 2009 No. 41 |
| Heading to r. 17.................. | rs. 2010 No. 171 |
| R. 17...................................... | ad. 2009 No. 41 |
| Note 3 to r. 17 (2)................ | ad. 2010 No. 323 |
| Heading to r. 18.................. | rs. 2010 No. 171 |
| R. 18...................................... | ad. 2009 No. 41 |
| Heading to r. 19.................. | rs. 2010 No. 171 |
| R. 19...................................... | am. 2008 No. 108 |
| | rs. 2009 No. 41; 2010 No. 323 |
| R. 19A................................... | ad. 2010 No. 323 |
| Heading to r. 20.................. | rs. 2010 No. 171 |
| R. 20...................................... | rs. 2009 No. 41 |
| Part 7 | |
| Heading to r. 21.................. | rs. 2010 No. 171 |
| R. 21...................................... | rs. 2009 No. 41 |
| Heading to r. 22.................. | rs. 2009 No. 41; 2010 No. 171 |
| R. 22...................................... | rs. 1999 No. 107 |
| | am. 2004 No. 331 |
| | rs. 2008 No. 108 |
| | am. 2010 No. 171 |
| R. 22A................................... | ad. 2011 No. 14 |
| Part 7A | |
| Heading to Part 7A............. | rs. 2009 No. 41 |
| Part 7A.................................. | ad. 1998 No. 333 |
| Heading to r. 22A................ | rs. 2010 No. 171 |
| R. 22A................................... | ad. 1998 No. 333 |
| Heading to r. 22B................ | rs. 2010 No. 171 |
| R. 22B................................... | ad. 1998 No. 333 |
| Heading to r. 22C............... | rs. 2010 No. 171 |
| R. 22C................................... | ad. 2009 No. 41 |
| | rs. 2011 No.119 |
| R. 22D................................... | ad. 2011 No. 119 |
| Renumbered r. 22CA..... | 2011 No. 163 |
| R. 22CA................................ | rep. 2011 No. 259 |
| R. 22D (second occurring) | ad. 2009 No. 41 |
| Part 8 | |
| Heading to Part 8................ | rs. 2009 No. 41; 2010 No. 171 |
| Heading to r. 23.................. | rs. 2010 No. 171 |
| R. 23...................................... | am. 2005 No. 218 |
| Part 8A | |
| Heading to Part 8A............. | ad. 2010 No. 171 |
| R. 24...................................... | am. 1999 No. 107 |
| | rs. 2010 No. 171 |
| R. 24A................................... | ad. 1999 No. 107 |
| | rep. 2010 No. 171 |
| R. 25...................................... | am. 1999 No. 107; 2002 No. 74 |
| | rep. 2010 No. 171 |
| R. 25A................................... | ad. 1999 No. 107 |
| | rep. 2010 No. 171 |
| R. 26...................................... | am. 1999 No. 107; 2008 No. 4 |
| | rs. 2010 No. 171 |
| R. 26A................................... | ad. 2010 No. 171 |
| Part 9 | |
| Heading to Part 9................ | ad. 2009 No. 41 |
| Heading to r. 27.................. | rs. 2010 No. 171 |
| R. 27...................................... | ad. 1999 No. 44 |
| R. 28...................................... | ad. 2006 No. 151 |
| Note to r. 28 (3)................... | am. 2010 No. 171 |
| Heading to r. 28A................ | rs. 2010 No. 171 |
| R. 28A................................... | ad. 2009 No. 134 |
| | am. 2010 No. 171; 2011 No. 219 |
| Part 10 | |
| Part 10.................................. | ad. 2009 No. 41 |
| Heading to r. 29.................. | rs. 2010 No. 171 |
| R. 29...................................... | ad. 2009 No. 41 |
| | am. 2009 No. 135 |
| R. 30...................................... | ad. 2009 No. 41 |
| Part 11 | |
| Part 11.................................. | ad. 2009 No. 134 |
| R. 31...................................... | ad. 2009 No. 134 |
| R. 32...................................... | ad. 2009 No. 134 |
| R. 33...................................... | ad. 2009 No. 134 |
| R. 34...................................... | ad. 2009 No. 134 |
| Schedule 1 | |
| Heading to Schedule......... | rep. 1999 No. 45 |
| Heading to Part 1 of...........
Schedule 1 | rep. 2011 No. 163 |
| Schedule.............................. | am. 1998 Nos. 65, 112, 122, 261 and 289 |
| Heading to Schedule 1...... | ad. 1999 No. 45 |
| Schedule 1........................... | am. 1999 Nos. 45, 107, 108 and 272; 2000 No. 20 (as am. by 2000 No. 145); 2000 Nos. 145, 200 and 224; 2001 Nos. 13 and 198; 2002 Nos. 74, 113, 211, 298 and 326; 2003 Nos. 105, 119 and 148; 2004 Nos. 57, 310 and 331; 2005 Nos. 6, 74, 111, 126 and 207; Act Nos. 45, 112 and 153, 2005; Act No. 7, 2006; 2006 Nos. 53, 63, 77, 151, 152, 153, 154 and 268; Act No. 170, 2006; 2006 No. 351; 2007 Nos. 84, 112, 158 and 159; Act No. 107, 2007; 2007 No. 252; Act No. 108, 2007; 2008 Nos. 4, 108, 143 and 146; Act No. 66, 2008; 2008 Nos. 266 and 267; 2009 Nos. 32, 83, 134, 135, 268 and 329; 2010 Nos. 3, 171, 258, 259 and 323; 2011 Nos. 14 and 49;
Act No. 58, 2011; 2011 Nos. 118, 119, 163 and 259; 2012 Nos. 28 and 38; Act No. 132, 2011; 2012 No. 80 |
| Note A to Schedule 1......... | am. 2011 No. 163 |
| | rs. 2011 No. 259 |
| | am. 2012 No. 38 |
| Schedule 1A | |
| Schedule 1A........................ | ad. 2011 No. 14 |
| Schedule 2 | |
| Heading to Schedule 2...... | rs. 2006 No. 151 |
| Schedule 2........................... | ad. 1999 No. 44 |
| | am. 2009 No. 134 |
| Schedule 3 | |
| Schedule 3........................... | ad. 2006 No. 151 |
| | am. 2009 No. 135 |
| | rs. 2010 No. 114 |
| | |
Note 2
Clean Energy (Consequential Amendments) Act 2011 (No. 132, 2011)
The following amendment commences on 1 July 2012:
Schedule 1, Part 2
261 Part 1 of Schedule 1 (before table item 134)
Insert:
| 133A | Climate Change Authority, comprising: (a) the Chair and the other members of the Climate Change Authority; and (b) the associate members of the Climate Change Authority; and (c) the Chief Executive Officer of the Climate Change Authority; and (d) the staff mentioned in section 52 of the Climate Change Authority Act 2011; and (e) the persons whose services are made available to the Climate Change Authority under section 53 of that Act; and (f) the consultants engaged under subsection 54(1) of that Act. See Note B | Chief Executive Officer |
As at 1 June 2012 the amendment is not incorporated in this compilation.
Table A Application, saving or transitional provisions
Statutory Rules 1998 No. 112
4 Application of amendment
4.1 The amendments made by regulation 3 have effect from the commencement of the Productivity Commission Act 1998.
Note The Productivity Commission Act 1998 came into operation on 16 April 1998.
Select Legislative Instrument 2008 No. 108
4 Transitional
On the commencement of Schedule 1, the Fraud Control Guidelines:
(a) made under subregulation 19 (1) of the Financial Management and Accountability Regulations 1997; and
(b) as in force immediately before the commencement of Schedule 1;
continue in force as Fraud Control Guidelines made under subregulation 19 (1) as amended by Schedule 1.
Select Legislative Instrument 2009 No. 41
4 Transitional
(1A) This regulation ceases to apply on 1 July 2010.
(1) The amendments made by Schedule 1 apply in relation to any action, including the making of an instrument, done under the authority of:
(a) a provision or group of provisions of the old FMA Act that has been repealed; or
(b) a provision or group of provisions of the old FMA Regulations that has been repealed; or
(c) a provision or group of provisions of the 2005 Orders that has been repealed; or
(d) a provision or group of provisions of the 2008 Orders that has been repealed;
as if the action were done under the corresponding provision or group of provisions of the new FMA Regulations.
Note The actions include:
(a) the making of delegations by a Chief Executive or the Finance Chief Executive; and
(b) the making of determinations by the Finance Chief Executive, specifying an activity of an Agency as a business operation.
(2) If subregulation (1) applies, a reference in an instrument to a provision or group of provisions of:
(a) the old FMA Act; or
(b) the old FMA Regulations; or
(c) the 2005 Orders; or
(d) the 2008 Orders;
is taken to include a reference to the corresponding provision or group of provisions of the new FMA Regulations.
(3) If:
(a) a provision or group of provisions of:
(i) the old FMA Act; or
(ii) the old FMA Regulations; or
(iii) the 2005 Orders;
has been repealed; and
(b) no provision or group of provisions of the new FMA Regulations corresponds to the repealed provision or group of provisions;
the amendments made by Schedule 1 apply in relation to any action, including the making of an instrument, done under the authority of the repealed provision or group of provisions as if the repeal had not occurred.
(4) In this regulation:
2005 Orders means the Financial Management and Accountability Orders 2005 as in force immediately before the commencement of Schedule 1.
2008 Orders means the Financial Management and Accountability Orders 2008 as in force immediately before the commencement of Schedule 1.
instrument includes a legislative instrument.
new FMA Regulations means the Financial Management and Accountability Regulations 1997 as in force at any time on or after the commencement of Schedule 1.
old FMA Act means the Financial Management and Accountability Act 1997 as in force immediately before the commencement of Schedule 1.
old FMA Regulations means the Financial Management and Accountability Regulations 1997 as in force immediately before the commencement of Schedule 1.
Select Legislative Instrument 2009 No. 134
4 Transitional
(1A) This regulation ceases to apply on 1 July 2010.
(1) The amendments made by Schedule 1 apply in relation to any action, including the making of an instrument, done under the authority of:
(a) a provision or group of provisions of the old FMA Regulations that has been repealed; or
(b) a provision or group of provisions of the 2005 Orders that has been repealed; or
(c) a provision or group of provisions of the 2008 Orders that has been repealed;
as if the action were done under the corresponding provision or group of provisions of the new FMA Regulations.
Note The actions include:
(a) the making of delegations by a Chief Executive or the Finance Chief Executive; and
(b) the making of determinations by the Finance Chief Executive, specifying an activity of an Agency as a business operation.
(2) If subregulation (1) applies, a reference in an instrument to a provision or group of provisions of:
(a) the old FMA Regulations; or
(b) the 2005 Orders; or
(c) the 2008 Orders;
is taken to include a reference to the corresponding provision or group of provisions of the new FMA Regulations.
(3) If:
(a) a provision or group of provisions of:
(i) the old FMA Regulations; or
(ii) the 2005 Orders;
has been repealed; and
(b) no provision or group of provisions of the new FMA Regulations corresponds to the repealed provision or group of provisions;
the amendments made by Schedule 1 apply in relation to any action, including the making of an instrument, done under the authority of the repealed provision or group of provisions as if the repeal had not occurred.
(4) In this regulation:
2005 Orders means the Financial Management and Accountability Orders 2005 as in force immediately before 1 July 2009.
2008 Orders means the Financial Management and Accountability Orders 2008 as in force immediately before 1 July 2009.
instrument includes a legislative instrument.
new FMA Regulations means the Financial Management and Accountability Regulations 1997 as in force at any time on or after 1 July 2009.
old FMA Regulations means the Financial Management and Accountability Regulations 1997 as in force immediately before 1 July 2009.
Select Legislative Instrument 2010 No. 171
4 Transitional
(1) This regulation ceases to apply on 1 July 2011.
(2) The amendments made by Schedule 1 apply in relation to any action, including the making of an instrument, done under the authority of:
(a) a provision or group of provisions of the old FMA Regulations that has been repealed; or
(b) a provision or group of provisions of the 2005 Orders that has been repealed; or
(c) a provision or group of provisions of the 2008 Orders that has been repealed;
as if the action had been done under the corresponding provision or group of provisions of the new FMA Regulations.
Note The actions include:
(a) the making of delegations by a Chief Executive or the Finance Chief Executive; and
(b) the making of determinations by the Finance Chief Executive, specifying an activity of an Agency as a business operation.
(3) If subregulation (2) applies, a reference in an instrument to a provision or group of provisions of:
(a) the old FMA Regulations; or
(b) the 2005 Orders; or
(c) the 2008 Orders;
is taken to include a reference to the corresponding provision or group of provisions of the new FMA Regulations.
(4) If:
(a) a provision or group of provisions of:
(i) the old FMA Regulations; or
(ii) the 2005 Orders;
has been repealed; and
(b) no provision or group of provisions of the new FMA Regulations corresponds to the repealed provision or group of provisions;
the amendments made by Schedule 1 apply in relation to any action, including the making of an instrument, done under the authority of the repealed provision or group of provisions as if the repeal had not occurred.
(5) In this regulation:
2005 Orders means the Financial Management and Accountability Orders 2005 as in force immediately before 1 July 2010.
2008 Orders means the Financial Management and Accountability Orders 2008 as in force immediately before 1 July 2010.
instrument includes a legislative instrument.
new FMA Regulations means the Financial Management and Accountability Regulations 1997 as in force at any time on or after 1 July 2010.
old FMA Regulations means the Financial Management and Accountability Regulations 1997 as in force immediately before 1 July 2010.
Select Legislative Instrument 2010 No. 323
5 Transitional
A determination of a program or scheme that was:
(a) made under paragraph 15 (5) (e) of the Financial Management and Accountability Regulations 1997 before 1 January 2011; and
(b) in effect on 1 January 2011;
is taken to be a determination made for item 3 of the table in subregulation 15 (3) of those regulations, as amended by Schedule 1, but is taken not to be a legislative instrument.
Select Legislative Instrument 2011 No. 119
4 Transitional
(1) Subregulation (2) applies if an audit committee of an Agency under the Financial Management and Accountability Regulations 1997:
(a) existed immediately before 1 July 2011; and
(b) was constituted in accordance with regulation 22C of those Regulations as in force immediately before 1 July 2011; and
(c) is not constituted in accordance with that regulation, as amended by Schedule 1, on 1 July 2011.
Note Regulation 22C was replaced on 1 July 2011 with new arrangements for audit committees. An example for paragraphs (b) and (c) is that an existing audit committee may not have an external member, as described in the new regulation 22C, on 1 July 2011.
(2) For the period commencing on 1 July 2011 and ending on 30 June 2012:
(a) the committee is not taken to operate in contravention of regulation 22C, as amended by Schedule 1, by reason only that it is not constituted in accordance with that regulation; and
(b) the Chief Executive of the Agency is taken not to contravene regulation 22C by reason only that the Chief Executive has not made arrangements to constitute or reconstitute the committee in accordance with that regulation.
Select Legislative Instrument 2011 No. 163
4 Transitional
Despite the amendment made by item [2] of Schedule 1, a reference in a law of the Commonwealth to Part 1 of Schedule 1 to the Financial Management and Accountability Regulations 1997 is taken, on and after 1 September 2011, to be a reference to that portion of those Regulations that was Part 1 of Schedule 1 before 1 September 2011.
Select Legislative Instrument 2012 No. 28
4 Transitional
The Commonwealth Procurement Guidelines issued under section 64 of the Financial Management and Accountability Act 1997, as in force immediately before the commencement of this regulation, is taken to comply with regulation 7 as amended by item [1] of Schedule 1.