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Financial Management and Accountability Regulations 1997

Authoritative Version
  • - F2012C00323
  • In force - Superseded Version
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SR 1997 No. 328 Regulations as amended, taking into account amendments up to Building and Construction Industry Improvement Amendment (Transition to Fair Work) Regulation 2012
Principal Regulations
Administered by: Finance
Registered 01 Jun 2012
Start Date 01 Jun 2012
End Date 27 Jun 2012
Table of contents.

Financial Management and Accountability Regulations 1997

Statutory Rules 1997 No. 328 as amended

made under the

This compilation was prepared on 1 June 2012
taking into account amendments up to SLI 2012 No. 80

The text of any of those amendments not in force
on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part 1                          Preliminary                                                                 

                        1      Name of regulations [see Note 1]                                     5

                        2      Commencement [see Note 1]                                           5

                        3      Definitions                                                                      5

                      3A      Meaning of grant                                                             7

Part 2                          Agencies                                                                     

                        4      Allocation of certain persons to Departments of State and Departments of the Parliament (Act s 5)                                                                                9

                        5      Prescribed Agencies and Chief Executives of prescribed Agencies (Act s 5) 10

                      5A      Business operation of an Agency                                   10

Part 3                          Powers of Chief Executives                                  

                        6      Chief Executive’s Instructions (Act s 52)                         11

Part 4                          Commitments to spend public money                

                        7      Commonwealth procurement (Act s 64)                           12

                      7A      Commonwealth Grant Guidelines (Act s 64)                     12

                      7B      Commonwealth Cleaning Services Guidelines (Act s 64)  13

                        8      Entering into an arrangement                                          13

                        9      Approval of spending proposals                                    13

                       10      Arrangements beyond available appropriation                 14

                    10A      Contingent liabilities                                                      14

                       11      Entering into loan guarantees                                         15

                       12      Recording approval of spending proposal                      15

Part 5                          Prescribed receipts that an Agency may retain 

                       15      Prescribed receipts that an Agency may retain (Act s 31) 17

Part 5A                       Protection of public money and public property           

                    16A      Guidelines on fraud (Act s 64)                                        20

Part 6                          Banking of public money etc                                

                       17      Prompt banking of received money (Act s 10)                21

                       18      Public money in non-bankable currency (Act s 10)           21

                       19      Withdrawals involving internal transfers (Act s 13)           22

                    19A      Withdrawals for payments or notional payments involving drawing rights (Act s 13)   23

                       20      Custody of securities (Act s 40)                                     23

Part 7                          Borrowing and investment                                    

                       21      Credit cards (Act s 38, s 60)                                           24

                       22      Investment of public money (Act s 39)                            25

                  22AA      Notice of share acquisitions and other events (Act s 39A) 26

Part 7A                       Reporting and audit etc                                          

                    22A      Preparation of annual financial statements by Finance Minister (Act s 55)      29

                    22B      Audit of Finance Minister’s annual financial statements (Act s 56)      29

                    22C      Audit committee (Act s 46)                                             30

                    22D      Estimates                                                                     32

Part 8                          Found property                                                         

                       23      Disposal of property found on Commonwealth premises etc (Act s 41)         33

Part 8A                       Delegations and instruments                                

                       24      Finance Minister may delegate powers                           34

                       26      Chief Executive may delegate powers                            34

                    26A      Operation of instruments under the Regulations              35

Part 9                          Modified operation of Act and relevant regulations      

                       27      Modification of Act for intelligence or security agency (Act s 58)      36

                       28      Modifications of Act for prescribed law enforcement agency (Act s 58)         36

                    28A      Non-application of relevant regulations to operational money (Act s 58)        37

Part 10                       Act of grace and probate payments                    

                       29      Act of grace payments and waiver of debts  (Act s 33, s 34)            38

                       30      Finance Minister may approve payments pending probate etc          39

Part 11                       Transferring leave entitlements — payments when employees move between Agencies etc                                             

                       31      Application of Part 11                                                    41

                       32      Agencies to co-operate                                                 41

                       33      Payment within 30 days of a correctly rendered invoice   41

                       34      Specific rules affecting members of the Defence Force  42

Schedule 1                  Prescribed agencies                                                     44

Schedule 1A               Notice of event under section 39A of Act                      74

Form 1                           Notice of event                                                             74

Schedule 2                  Modification of the Act in its application to an intelligence or security agency or a prescribed law enforcement agency                                               76

Schedule 3                  Prescribed law enforcement agencies                          80

Notes                                                                                                          81

 


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).

 


Schedule 1        Prescribed agencies

(regulation 5)

  

 

Item

Agency

Chief Executive

 

101

Administrative Appeals Tribunal, comprising:

   (a)  the Registrar of the Administrative Appeals Tribunal; and

  (b)  the District Registrars, the Conference Registrars, the Deputy Registrars and the staff of the Tribunal mentioned in subsection 24N (3) of the Administrative Appeals Tribunal Act 1975; and

   (c)  persons made available to the Tribunal under subsection 24N (4) of that Act

See Note B

Registrar

 

102

Australian Agency for International Development (AusAID), comprising:

   (a)  the Director General of AusAID; and

  (b)  persons engaged under the Public Service Act 1999 to assist the Director General; and

   (c)  persons engaged under section 19 of the Australian Civilian Corps Act 2011

See Note A

Director General

 

103

Australian Bureau of Statistics, comprising:

   (a)  the Australian Statistician; and

  (b)  the staff mentioned in subsection 16 (1) of the Australian Bureau of Statistics Act 1975; and

Australian Statistician

 

 

   (c)  persons engaged under subsection 16 (2) of that Act

See Note B

 

 

104

Australian Centre for International Agricultural Research (ACIAR), comprising:

   (a)  the Chief Executive Officer of ACIAR established under section 4A of the Australian Centre for International Agricultural Research Act 1982; and

  (b)  commissioners appointed under
Part III of that Act; and

   (c)  members of the Policy Advisory Council listed in section 19 of that Act; and

  (d)  the staff mentioned in sections 30 and 31 of that Act; and

   (e)  consultants engaged under section 32 of that Act.

See Note B

Chief Executive Officer

105

Australian Commission for Law Enforcement Integrity (ACLEI) comprising the staff members mentioned in section 11 of the Law Enforcement Integrity Commissioner Act 2006

See Note B

Integrity Commissioner

 

106

Australian Communications and Media Authority (ACMA), comprising:

   (a)  the Chair, the Deputy Chair, the other members and the associate members of the ACMA; and

  (b)  the staff mentioned in subsection 54 (1) of the Australian Communications and Media Authority Act 2005; and

Chair

 

 

   (c)  persons whose services are made available for the purposes of the ACMA under subsection 55 (1) of that Act

See Note B

 

 

107

Australian Competition and Consumer Commission, comprising:

   (a)  the Chairperson, members and associate members of the Australian Competition and Consumer Commission; and

  (b)  the staff mentioned in section 27 of the Competition and Consumer Act 2010; and

   (c)  consultants engaged under section 27A of that Act; and

  (d)  a person taken to be a member, or an associate member, of the Australian Energy Regulator under section 8AB or 44AM of that Act; and

   (e)  the persons made available to assist the Australian Energy Regulator under paragraph 44AAC (a) of that Act; and

Chairperson

 

 

   (f)  consultants made available to assist the Australian Energy Regulator under paragraph 44AAC (b) of that Act

See Note B

 

 

108

Australian Crime Commission, comprising:

   (a)  the Chief Executive Officer and examiners of the Australian Crime Commission; and

  (b)  the staff mentioned in section 47 of the Australian Crime Commission Act 2002; and

Chief Executive Officer

 

 

   (c)  consultants engaged under section 48 of that Act; and

 

 

 

  (d)  persons whose services are made available under section 49 of that Act

See Note B

 

 

109

Australian Customs and Border Protection Service, comprising:

   (a)  the Chief Executive Officer of Customs; and

  (b)  the staff mentioned in section 15 of the Customs Administration Act 1985

See Note B

Chief Executive Officer of Customs

 

110

Australian Electoral Commission, comprising:

   (a)  the Electoral Commissioner, the Deputy Electoral Commissioner, and the Australian Electoral Officers; and

  (b)  the staff and other persons mentioned in section 29 of the Commonwealth Electoral Act 1918

See Note B

Electoral Commissioner

 

112

Australian Federal Police, comprising:

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

Commissioner of Police

 

 

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

 

 

114

Australian Fisheries Management Authority, comprising:

   (a)  the Chairperson of the Commission, the other part‑time commissioners and the CEO mentioned in subsection 12 (1) of the Fisheries Administration Act 1991; and

Chief Executive Officer

 

 

  (b)  the members of a committee established under section 54 of that Act; and

   (c)  the members of a management advisory committee established under subsection 56 (1) of that Act; and

 

 

 

  (d)  the members of a sub‑committee established by a management advisory committee under paragraph 58 (1A) (a) of that Act; and

 

 

 

   (e)  the staff assisting the CEO mentioned in section 68 of that Act; and

   (f)  consultants engaged under section 69 of that Act; and

   (g)  persons engaged under contract to assist the Authority.

See Note B

 

 

114A

Australian Human Rights Commission, comprising:

   (a)  the members of the Commission mentioned in subsection 8 (1) of the Australian Human Rights Commission Act 1986; and

  (b)  the staff mentioned in section 43 of the Australian Human Rights Commission Act 1986

See Note B

President

 

114AA

Australian Institute of Criminology (AIC), comprising:

   (a)  the Director of the AIC; and

  (b)  the staff mentioned in subsection 23 (1) of the Criminology Research Act 1971; and

Director

 

 

   (c)  consultants engaged under section 24 of that Act; and

 

 

 

  (d)  the Criminology Research Advisory Council established by subsection 33 (1) of that Act

See Note B

 

 

115

Australian Institute of Family Studies (AIFS), comprising:

   (a)  the Director of the AIFS; and

Director

 

 

  (b)  the staff mentioned in section 114M of the Family Law Act 1975

See Note B

 

 

115A

Australian Law Reform Commission (ALRC), comprising:

   (a)  the President and members of the ALRC; and

  (b)  the management advisory committee established in accordance with subsection 27 (1) of the Australian Law Reform Commission Act 1996; and

President

 

 

   (c)  the staff mentioned in subsection 43 (1) of that Act; and

  (d)  consultants engaged under section 44 of that Act

See Note B

 

 

116

Australian National Audit Office, comprising:

   (a)  the Auditor‑General; and

Auditor‑General

 

 

  (b)  the staff mentioned in section 40 of the Auditor‑General Act 1997; and

   (c)  persons engaged under section 27 of that Act

See Note B

 

 

116A

Australian National Preventive Health Agency (ANPHA), comprising:

Chief Executive Officer

 

 

   (a)  the Chief Executive Officer of ANPHA appointed under section 14 of the Australian National Preventive Health Agency Act 2010; and

 

 

 

  (b)  the staff mentioned in section 25 of that Act; and

   (c)  persons made available to the Chief Executive Officer under section 26 of that Act; and

 

 

 

  (d)  consultants engaged under section 27 of that Act; and

   (e)  members of the Advisory Council mentioned in section 29 of that Act; and

 

 

 

   (f)  persons who constitute a committee mentioned in section 42 of that Act

See Note B

 

 

117

Australian Office of Financial Management (AOFM), comprising:

   (a)  the person occupying, or performing the duties of, the office known as the Chief Executive of AOFM; and

  (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive

Chief Executive
of AOFM

 

117A

Australian Organ and Tissue Donation and Transplantation Authority, comprising:

   (a)  the Chief Executive Officer appointed under section 14 of the Australian Organ and Tissue Donation and Transplantation Authority Act 2008; and

  (b)  the staff mentioned in section 25 of that Act; and

Chief Executive Officer

 

 

   (c)  consultants engaged under section 26 of that Act; and

 

 

 

  (d)  persons whose services are made available to the Chief Executive Officer under section 27 of that Act; and

 

 

 

   (e)  the members of the Advisory Council mentioned in section 33 of that Act; and

 

 

 

   (f)  any member of an expert advisory committee mentioned in section 46 of that Act

See Note B

 

 

118

Australian Pesticides and Veterinary Medicines Authority (APVMA), comprising:

   (a)  the Chief Executive Officer appointed under section 33 of the Agricultural and Veterinary Chemicals (Administration) Act 1992; and

Chief Executive Officer

 

 

  (b)  the Advisory Board established under section 14 of that Act; and

   (c)  staff mentioned in section 45 of that Act; and

  (d)  persons whose services are made available to APVMA under section 46 of that Act; and

 

 

 

   (e)  consultants engaged under section 47 of that Act.

See Note B

 

 

119

Australian Prudential Regulation Authority (APRA), comprising:

   (a)  the Chair of APRA appointed under section 18 of the Australian Prudential Regulation Authority Act 1998; and

  (b)  members appointed under section 16 of that Act; and

Chair

 

 

   (c)  staff mentioned in subsection 45 (1) of that Act; and

  (d)  persons whose services are made available to APRA under section 46 of that Act; and

 

 

 

   (e)  consultants engaged under section 47 of that Act.

 

 

120

Australian Public Service Commission (APS Commission), comprising:

   (a)  the Public Service Commissioner; and

Public Service Commissioner

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Commissioner

See Note B

 

 

121

Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), comprising:

   (a)  the Chief Executive Officer of ARPANSA; and

Chief Executive Officer of ARPANSA

 

 

  (b)  the staff mentioned in section 58 of the Australian Radiation Protection and Nuclear Safety Act 1998

See Note B

 

 

122

Australian Research Council, established by subsection 5 (1) of the Australian Research Council Act 2001

See Note B

Chief Executive Officer

 

123

Australian Secret Intelligence Service,
comprising:

   (a)  the Director‑General of the Australian Secret Intelligence Service; and

  (b)  persons employed by the Director‑General

Director‑General

 

124

Australian Securities and Investments Commission (ASIC), comprising:

   (a)  the Chairperson and other members of the Commission; and

Chairperson

 

  (b)  the staff mentioned in section 120 of the Australian Securities and Investments Commission Act 2001; and

   (c)  consultants engaged under section 121 of that Act; and

 

 

  (d)  persons whose services are made available to the Commission under section 122 of that Act.

See Note B

 

125

Australian Security Intelligence Organisation, comprising:

   (a)  the Director‑General of Security; and

  (b)  persons employed under section 84 of the Australian Security Intelligence Organisation Act 1979

Director‑General
of Security

 

125A

Australian Skills Quality Authority, which was established as the National Vocational Education and Training Regulator by section 155 of the National Vocational Education and Training Regulator Act 2011, comprising:

Chief Executive Officer

 

 

   (a)  the Chief Commissioner and Commissioners of the Australian Skills Quality Authority; and

 

 

 

  (b)  the Chief Executive Officer of the Australian Skills Quality Authority; and

 

 

 

   (c)  the staff mentioned in section 182 of that Act; and

 

 

 

  (d)  persons assisting the Australian Skills Quality Authority under section 183 of that Act; and

 

 

 

   (e)  consultants engaged under section 184 of that Act

See Note B

 

 

 

Note   Section 155 of the National Vocational Education and Training Regulator Act 2011 establishes the National Vocational Education and Training Regulator and provides that it may also be known by a name specified in the regulations.

 

 

126

Australian Sports Anti-Doping Authority (ASADA), comprising:

   (a)  the Chief Executive Officer of ASADA appointed under section 24A of the Australian Sports Anti-Doping Authority Act 2006; and

Chief Executive Officer

 

 

  (b)  the staff mentioned in section 24L of that Act; and

   (c)  persons assisting the Chief Executive Officer under section 24M of that Act; and

 

 

 

  (d)  members of advisory committees mentioned in section 24P of that Act; and

   (e)  members of the Advisory Group of the ASADA appointed under section 27 of that Act; and

 

 

 

   (f)  members of the Anti-Doping Rule Violation Panel appointed under section 43 of that Act

See Note B

 

 

127

Australian Taxation Office, comprising:

   (a)  the Commissioner of Taxation and the Second Commissioners of Taxation; and

Commissioner of Taxation

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Commissioner; and

 

 

 

   (c)  the Tax Practitioners Board established under section 60-5 of the Tax Agent Services Act 2009; and

 

 

 

Note   The Tax Practitioners Board is a statutory body that is given the general administration of the Tax Agent Services Act 2009 under section 1‑15 of that Act.

 

 

 

  (d)  persons engaged under the Public Service Act 1999 whose services are made available to the Tax Practitioners Board by the Commissioner under section 60-80 of the Tax Agent Services Act 2009

See Note B

 

 

128

Australian Trade Commission (Austrade), comprising:

   (a)  the Chief Executive Officer mentioned in section 7B of the Australian Trade Commission Act 1985; and

  (b)  the staff mentioned in section 60 of that Act; and

Chief Executive Officer

 

 

   (c)  consultants engaged under section 62 of that Act

See Note B

 

 

129

Australian Transaction Reports and Analysis Centre (AUSTRAC), comprising:

   (a)  the Chief Executive Officer of AUSTRAC; and

Chief Executive Officer

 

 

  (b)  the staff mentioned in section 224 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; and

   (c)  consultants engaged under subsection 225 (1) of that Act; and

 

 

 

  (d)  the persons whose services are made available to the Chief Executive Officer of AUSTRAC under subsection 225 (3) of that Act.

See Note B

 

 

129A

Australian Transport Safety Bureau (ATSB), comprising:

   (a)  the Chief Executive Officer of the ATSB; and

Chief Executive Officer

 

 

  (b)  the Commissioners mentioned in section 12A of the Transport Safety Investigation Act 2003; and

   (c)  the staff mentioned in section 16 of that Act; and

 

 

 

  (d)  persons assisting the ATSB as mentioned in section 16A of that Act; and

 

 

 

   (e)  consultants engaged under section 16B of that Act; and

   (f)  special investigators appointed under section 63E of that Act

 

 

130

Bureau of Meteorology, comprising:

   (a)  the Director mentioned in section 5 of the Meteorology Act 1955; and

  (b)  persons engaged under the Public Service Act 1999 to assist the Director

See Note A

Director

 

132

Cancer Australia, comprising:

   (a)  the Chief Executive Officer appointed under section 14 of the Cancer Australia Act 2006; and

  (b)  the staff mentioned in section 8 of that Act; and

Chief Executive Officer

 

 

   (c)  consultants (if any) engaged under section 9 of that Act; and

  (d)  the Advisory Council established under section 24 of that Act

See Note B

 

 

133

Clean Energy Regulator, comprising:

   (a)  the Chair and the other members of the Clean Energy Regulator; and

  (b)  the staff mentioned in section 36 of the Clean Energy Regulator Act 2011; and

Chair

 

 

   (c)  the persons whose services are made available to the Clean Energy Regulator under section 37 of that Act; and

  (d)  the consultants engaged under subsection 38(1) of that Act.

See Note B

 

 

134

Commonwealth Grants Commission, comprising:

   (a)  the Chairperson and members of the Commonwealth Grants Commission; and

Secretary of the Commission

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Commission

 

 

135

ComSuper, comprising:

   (a)  the Chief Executive Officer; and

  (b)  the staff mentioned in section 19 of the ComSuper Act 2011; and

   (c)  consultants engaged under section 20 of that Act.

See Note B

Chief Executive Officer

 

136

Corporations and Markets Advisory Committee (CAMAC), comprising:

   (a)  the Convenor and other members appointed under section 147 of the Australian Securities and Investments Commission Act 2001; and

Convenor

 

  (b)  the staff mentioned in section 156 of that Act; and

   (c)  consultants engaged under section 157 of that Act; and

  (d)  persons whose services are made available to CAMAC under section 158 of that Act.

See Note B

 

137

CrimTrac Agency, comprising:

   (a)  the Chief Executive Officer; and

Chief Executive Officer

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive Officer

See Note A

 

 

139

Defence Materiel Organisation, comprising:

   (a)  the Chief Executive Officer; and

  (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive Officer; and

Chief Executive Officer

 

 

   (c)  members of the Defence Force whose services are made available to assist the Chief Executive Officer

 

 

140

Equal Opportunity for Women in the Workplace Agency, comprising:

   (a)  the Director of the Equal Opportunity for Women in the Workplace Agency; and

Director

 

  (b)  persons mentioned in section 29 of the Equal Opportunity for Women in the Workplace Act 1999; and

 

 

   (c)  consultants engaged under section 30 of that Act to assist the Director

See Note B

 

141

Fair Work Australia (FWA), comprising:

   (a)  the General Manager of Fair Work Australia appointed under section 660 of the Fair Work Act 2009; and

  (b)  the staff mentioned in section 670 of that Act; and

General Manager

 

   (c)  persons assisting FWA as mentioned in section 672 of that Act; and

  (d)  consultants engaged under section 673 of that Act

 

142

Family Court of Australia, comprising:

   (a)  the Chief Executive Officer of the Family Court of Australia; and

Chief Executive Officer

 

 

  (b)  the officers and staff of the Registries
of the Court (within the meaning of section 38N of the Family Law Act 1975)

See Note B

 

 

143

Federal Court of Australia, comprising:

   (a)  the Registrar of the Federal Court of Australia; and

Registrar

 

 

  (b)  other officers and staff of the Registries of the Court (within the meaning of section 18N of the Federal Court of Australia Act 1976)

See Note B

 

 

144

Federal Magistrates Court of Australia, comprising:

   (a)  the Chief Executive Officer of the Federal Magistrates Court of Australia; and

Chief Executive Officer

 

 

  (b)  the staff of the Federal Magistrates Court of Australia engaged under the Public Service Act 1999

See Note B

 

 

145

Future Fund Management Agency, comprising:

   (a)  the Chair of the Future Fund Board of Guardians appointed under section 38 of the Future Fund Act 2006; and

Chair of the Future Fund Board of Guardians

 

 

  (b)  the staff mentioned in section 77 of that Act; and

 

 

 

   (c)  consultants engaged (if any) and persons seconded to the Agency (if any) under section 78 of that Act

See Note B

 

 

146

Geoscience Australia, comprising:

   (a)  the office known as the Chief Executive of Geoscience Australia; and

Chief Executive of Geoscience Australia

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive

 

 

147

Great Barrier Reef Marine Park Authority, comprising:

   (a)  the Chairperson and members of the Authority appointed under section 10 of the Great Barrier Reef Marine Park Act 1975; and

Chairperson

 

  (b)  the staff mentioned in subsection 40 (1) of that Act; and

 

 

   (c)  other persons engaged under section 41 of that Act; and

 

 

  (d)  the State and local government officers and employees mentioned in subsection 42 (1) of that Act; and

 

 

   (e)  the officers and employees of Commonwealth Agencies and authorities mentioned in subsection 42 (2) of that Act.

See Note B

 

149

Insolvency and Trustee Service Australia (ITSA), comprising:

   (a)  the Chief Executive of ITSA; and

Chief Executive

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive

See Note A

 

 

150

Inspector‑General of Taxation, comprising:

   (a)  the Inspector‑General of Taxation mentioned in section 6 of the Inspector‑General of Taxation Act 2003; and

Inspector‑General of Taxation

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Inspector‑General of Taxation; and

 

 

 

   (c)  persons made available to the Inspector‑ General of Taxation under subsection 36 (3) of the Inspector‑General of Taxation Act 2003; and

 

 

 

  (d)  consultants engaged under subsection 36 (4) of the Inspector‑General of Taxation Act 2003

See Note B

 

 

150AA

Independent Hospital Pricing Authority, comprising:

   (a)  the members of the Pricing Authority mentioned in section 143 of the National Health Reform Act 2011; and

Pricing Authority CEO

 

 

  (b)  the Pricing Authority CEO; and

   (c)  the staff mentioned in section 173 of the National Health Reform Act 2011; and

  (d)  persons assisting the Pricing Authority mentioned in section 174 of that Act; and

 

 

 

   (e)  consultants engaged under section 175 of that Act

See Note B

 

 

151

IP Australia, comprising:

   (a)  the Director‑General of IP Australia; and

Director‑General

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Director‑General

 

 

153

Migration Review Tribunal and Refugee Review Tribunal (MRT–RRT) comprising:

   (a)  the Principal Member, Senior Members and other members of the Migration Review Tribunal (MRT) mentioned in section 395 of the Migration Act 1958; and

Principal Member
of the RRT

 

 

  (b)  the Registrar, Deputy Registrars and other officers of the MRT mentioned in section 407 of that Act; and

 

 

 

   (c)  the Principal Member, Deputy Principal Member, Senior Members and other members of the Refugee Review Tribunal (RRT) mentioned in section 458 of the Migration Act 1958; and

 

 

 

  (d)  the Registrar and other officers of the RRT mentioned in section 472 of that Act

 

 

154

Murray‑Darling Basin Authority, comprising:

Chief Executive

 

 

   (a)  the Chief Executive, Authority Chair and other members of the Authority mentioned in section 177 of the Water Act 2007; and

  (b)  the members of the Basin Officials Committee defined in section 18A of that Act; and

 

 

 

   (c)  the members of the Basin Community Committee established under section 202 of that Act; and

 

 

 

  (d)  the members of any other advisory committee established under section 203 of that Act; and

   (e)  the staff mentioned in section 206 of that Act; and

 

 

 

   (f)  persons whose services are made available to the Authority under section 207 of that Act; and

 

 

 

   (g)  any authorised officer appointed under section 217 of that Act

See Note B

 

 

155

National Archives of Australia, comprising:

   (a)  the Director‑General; and

  (b)  persons engaged under the Public Service Act 1999 to assist the Director‑General

See Note A

Director‑General

 

156

National Blood Authority, comprising:

   (a)  the General Manager of the National Blood Authority; and

  (b)  the staff mentioned in section 36 of the National Blood Authority Act 2003; and

General Manager

 

 

   (c)  consultants engaged under section 37 of that Act

See Note B

 

 

157

National Capital Authority, comprising:

   (a)  the Chairman and the Chief Executive of the Authority; and

  (b)  the staff mentioned in section 47 of Australian Capital Territory (Planning and Land Management) Act 1988; and

Chief Executive

 

 

   (c)  consultants engaged under section 48 of that Act

See Note B

 

158

National Competition Council, comprising:

   (a)  the Council President and the Councillors mentioned in section 29C of the Competition and Consumer Act 2010; and

Council President

 

  (b)  the staff mentioned in section 29M of that Act; and

 

 

   (c)  the persons engaged under section 29N of that Act

See Note B

 

159

National Health and Medical Research Council (NHMRC) comprising:

   (a)  the Chief Executive Officer mentioned in section 6 of the National Health and Medical Research Council Act 1992; and

Chief Executive Officer

 

  (b)  the Chair and other members of the Council of the NHMRC mentioned in section 20 of that Act; and

 

 

   (c)  the members of Principal Committees established under section 35 of that Act; and

  (d)  the members of any working committees established under section 39 of that Act; and

 

 

   (e)  the staff mentioned in section 45 of that Act; and

   (f)  consultants engaged under section 46 of that Act; and

   (g)  the Commissioner of Complaints mentioned in section 55 of that Act; and

 

 

  (h)  a person assisting:

         (i)   the Chief Executive Officer; or

        (ii)   the Council; or

       (iii)   a committee; or

       (iv)   the Commissioner of Complaints;

         in the performance of functions under the Act; and

 

 

   (i)  members of the NHMRC Licensing Committee established under section 13 of the Research Involving Human Embryos Act 2002

See Note B

 

159A

National Health Performance Authority, comprising:

   (a)  the members of the Performance Authority mentioned in section 71 of the National Health Reform Act 2011; and

  (b)  the Performance Authority CEO; and

   (c)  the staff mentioned in section 102 of the National Health Reform Act 2011; and

  (d)  persons assisting the Performance Authority mentioned in section 103 of that Act; and

   (e)  consultants engaged under section 104 of that Act

See Note B

Performance Authority CEO

159B

National Mental Health Commission, comprising:

   (a)  the Chair and commissioners; and

  (b)  the Chief Executive Officer; and

   (c)  persons engaged under the Public Service Act 1999 to assist the Chief Executive Officer

See Note A

Chief Executive Officer

160

National Native Title Tribunal, comprising:

   (a)  the Native Title Registrar, and

  (b)  the Deputy Registrar or Deputy Registrars appointed by the Registrar under section 130 of the Native Title Act 1993; and

Native Title Registrar

 

 

   (c)  the staff mentioned in section 130 of that Act; and

  (d)  other persons engaged under section 132 of that Act

See Note B

 

 

161

National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), continued in existence by section 645 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, comprising:

Chief Executive Officer

 

 

   (a)  the Chief Executive Officer of NOPSEMA; and

 

 

 

  (b)  the National Offshore Petroleum Titles Administrator established under section 695A of that Act; and

 

 

 

   (c)  the staff mentioned in subsection 676 (1) of that Act; and

 

 

 

  (d)  consultants engaged under subsection 677 (1) of that Act; and

 

 

 

   (e)  the officers and employees mentioned in subsection 677 (3) of that Act

See Note B

 

 

162

National Water Commission, established by section 6 of the National Water Commission Act 2004, comprising:

   (a)  the Chief Executive Officer and Commissioners of the National Water Commission; and

Chief Executive Officer

 

 

  (b)  the staff mentioned in subsection 35 (1) of that Act; and

   (c)  the officers and employees mentioned in subsections 36 (1) and (2) of that Act; and

  (d)  the consultants engaged under subsection 37 (1) of that Act

See Note B

 

 

163

Office of the Auditing and Assurance Standards Board, comprising:

   (a)  the Chair and other members of the Auditing and Assurance Standards Board (AUASB) mentioned in section 236F of the Australian Securities and Investments Commission Act 2001; and

Chair of the AUASB

 

 

  (b)  the staff mentioned in section 236DC of that Act; and

 

 

 

   (c)  consultants engaged under subsection 236DD (1) of that Act; and

 

 

 

  (d)  persons whose services are made available to the Office under subsection 236DD (3) of that Act; and

 

 

 

   (e)  committees, advisory panels and consultative groups established under paragraph 227AB (2) (a) of that Act; and

 

 

 

   (f)  committees, advisory panels and consultative groups established under subsection 227B (2) of that Act

 

 

164

Office of the Australian Accounting Standards Board, comprising:

   (a)  the Chair and other members of the Australian Accounting Standards Board (AASB) mentioned in section 236B of the Australian Securities and Investments Commission Act 2001; and

Chair of the AASB

 

 

  (b)  the staff mentioned in section 235E of that Act; and

   (c)  consultants engaged under subsection 235F (1) of that Act; and

 

 

 

  (d)  persons whose services are made available to the Office of the AASB under subsection 235F (3) of that Act; and

 

 

 

   (e)  committees, advisory panels and consultative groups established under paragraph 226A (2) (a) of that Act; and

   (f)  committees, advisory panels and consultative groups established under subsection 227 (3) of that Act

 

 

164A

Office of the Australian Information Commissioner (OAIC), comprising:

Australian Information

 

 

   (a)  the information officers mentioned in section 6 of the Australian Information Commissioner Act 2010; and

Commissioner

 

 

  (b)  the staff mentioned in section 23 of that Act; and

 

 

 

   (c)  the consultants mentioned in section 24 of that Act

See Note B

 

 

165

Office of National Assessments, comprising:

   (a)  the Director‑General of the Office of National Assessments; and

  (b)  the staff mentioned in section 17 of the Office of National Assessments Act 1977

See Note B

Director‑General

 

166

Office of Parliamentary Counsel, comprising:

   (a)  the First Parliamentary Counsel and Second Parliamentary Counsel; and

First Parliamentary Counsel

 

 

  (b)  the staff mentioned in section 16 of the Parliamentary Counsel Act 1970

See Note B

 

 

168

Office of the Commonwealth Ombudsman, comprising:

   (a)  the Commonwealth Ombudsman and the Deputy Commonwealth Ombudsmen; and

  (b)  the staff mentioned in section 31 of the Ombudsman Act 1976

See Note B

Commonwealth Ombudsman

 

170

Office of the Director of Public Prosecutions, comprising:

   (a)  the Director of Public Prosecutions; and

  (b)  the Associate Director of Public Prosecutions; and

Director of Public Prosecutions

 

 

   (c)  staff mentioned in section 27 of the Director of Public Prosecutions Act 1983; and

 

 

 

  (d)  persons engaged under section 28 of that Act; and

 

 

 

   (e)  persons whose services are made available to the Director under section 29 of that Act

See Note B

 

 

170AA

Office of the Fair Work Building Industry Inspectorate, comprising:

   (a)  the Director; and

Director

 

 

  (b)  the staff mentioned in subsection 26K (1) of the Fair Work (Building Industry) Act 2012; and

 

 

 

   (c)  the consultants engaged under section 26M of that Act.

See Note B

 

 

170A

Office of the Fair Work Ombudsman, comprising:

   (a)  the Fair Work Ombudsman appointed under section 687 of the Fair Work Act 2009; and

Fair Work Ombudsman

 

 

  (b)  the staff mentioned in section 697 of that Act; and

 

 

 

   (c)  persons assisting the Office as mentioned in section 698 of that Act; and

 

 

 

  (d)  consultants engaged under section 699 of that Act; and

   (e)  inspectors appointed under section 700 of that Act

 

 

171

Office of the Inspector‑General of Intelligence and Security, comprising:

   (a)  the Inspector‑General of Intelligence and Security; and

Inspector‑General of Intelligence and Security

 

 

  (b)  the staff mentioned in section 32 of the Inspector‑General of Intelligence and Security Act 1986

See Note B

 

 

172

Office of the Official Secretary to the Governor‑General, comprising:

   (a)  the Official Secretary to the Governor‑General; and

  (b)  persons employed under section 13 of the Governor‑General Act 1974

Official Secretary
to the Governor‑ General

 

175

Old Parliament House, comprising:

   (a)  the Director; and

Director

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Director.

See Note A

 

 

176

Private Health Insurance Ombudsman, comprising:

   (a)  the Private Health Insurance Ombudsman mentioned in section 238‑1 of the Private Health Insurance Act 2007; and

Private Health Insurance Ombudsman

 

  (b)  the staff mentioned in section 253‑45 of that Act

See Note B

 

177

Productivity Commission, comprising:

   (a)  the Chair and other members of the Productivity Commission; and

Chair of the Commission

 

 

  (b)  persons engaged under the Public Service Act 1999 to assist the Commission; and

   (c)  persons engaged under section 45 of the Productivity Commission Act 1998

See Note B

 

 

178

Professional Services Review Scheme, comprising:

   (a)  the Director of Professional Services Review and Deputy Directors of Professional Services Review; and

Director of Professional Services Review

 

 

  (b)  the staff mentioned in section 106ZM of the Health Insurance Act 1973; and

 

 

 

   (c)  persons whose services are made available to the Director under section 106ZN of that Act; and

 

 

 

  (d)  consultants engaged under section 106ZP of that Act

See Note B

 

 

179

Royal Australian Mint, comprising:

   (a)  the Chief Executive Officer of the Royal Australian Mint; and

Chief Executive Officer

 

 

  (b)  persons engaged under the Public Service Act 1999 who assist the Chief Executive Officer; and

   (c)  persons engaged to assist the Chief Executive Officer

 

 

179A

Safe Work Australia, comprising:

   (a)  the members mentioned in subsection 10 (1) of the Safe Work Australia Act 2008; and

  (b)  the staff mentioned in subsection 59 (1) of that Act; and

   (c)  the persons who may constitute a committee mentioned in subsection 60 (2) of that Act; and

Chief Executive Officer

 

 

  (d)  the persons who may assist Safe Work Australia mentioned in section 61 of that Act; and

   (e)  consultants engaged under section 62 of that Act.

See Note B

 

 

180

Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) established by section 103 of the Seafarers Rehabilitation and Compensation Act 1992, comprising:

Chairperson

 

 

   (a)  the Chairperson of the Authority mentioned in section 109 of the Seafarers Rehabilitation and Compensation Act 1992; and

 

 

 

  (b)  staff made available to the Authority by Comcare under subsection 72A (2) of the Safety, Rehabilitation and Compensation Act 1988; and

 

 

 

   (c)  the Chief Executive Officer of Comcare, to the extent that the Authority has delegated its functions or powers to the Chief Executive Officer under subsection 125 (1) of the Seafarers Rehabilitation and Compensation Act 1992

 

 

180A

Tertiary Education Quality and Standards Agency, comprising:

   (a)  the Chief Executive Officer appointed under section 153 of the Tertiary Education Quality and Standards Agency Act 2011; and

  (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive Officer

See Note B

Chief Executive Officer

 

181

Wheat Exports Australia, comprising:

   (a)  the Chair and the other members of Wheat Exports Australia; and

  (b)  the staff mentioned in section 61 of the Wheat Export Marketing Act 2008; and

Chair

 

 

   (c)  the persons whose services are made available to Wheat Exports Australia under section 62 of that Act

See Note B

 

 

Note A   This agency also encompasses an Executive Agency, established under section 65 of the Public Service Act 1999 by order of the Governor‑ General in the Commonwealth Gazette mentioned for the agency:

·      Australian Agency for International Development (Gazette S 129, published on 13 July 2010)

·      Bureau of Meteorology (Gazette S 221, published on 27 June 2002)

·      CrimTrac Agency (Gazette GN 23, published on 14 June 2000)

·      Insolvency and Trustee Service Australia (Gazette GN 23, published on 14 June 2000; and Gazette PS 20, published on 24 May 2001)

·      National Archives of Australia (Gazette GN 8, published on 28 February 2001)

·      National Mental Health Commission (Gazette GN 5, published on 8 February 2012)

·      Old Parliament House (Gazette GN S 96, published on 1 May 2008).

Note B   This agency also encompasses a Statutory Agency (a body or group of persons declared by an Act to be a Statutory Agency for the purposes of the Public Service Act 1999).

Schedule 1A      Notice of event under section 39A of Act

(subregulation 22AA (1))

Form 1        Notice of event

 

Financial Management and Accountability Act 1997

 

NOTICE UNDER SECTION 39A OF THE FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997

 

I, [name of Minister or Ministers]:

        (a)     give notice of an event as required under subsection 39A (1) of the Financial Management and Accountability Act 1997; and

       (b)     provide particulars of the event and a short statement about the event as required under regulation 22AA of the Financial Management and Accountability Regulations 1997.

Minister or Ministers who have the responsibility for the event

 

 

Nature of the event

 

 

Particulars relating to the company (see Financial Management and Accountability Regulations 1997, subregulation 22AA (2))

Name of company

 

ACN or ARBN

 

Jurisdiction of incorporation, incorporation identifier and ARBN

 

Address of principal place of business

 

Whether listed on a stock exchange and, if so, name of the stock exchange 

 

Ownership structure

 

Company type 

 

Legal structure of foreign company

 

Details of any ultimate holding companies

 

 

Short statement about the event (see Financial Management and Accountability Regulations 1997, subregulation 22AA (3))

Reasons for the event

 

Obligations or liabilities placed on the Commonwealth or a prescribed body

 

Particulars about the control of the company by the Commonwealth or a prescribed body

 

Dollar value of consideration paid or received

 

Other areas where the interests of the Commonwealth or a prescribed body have been affected

 

 

Signature block for Minister(s)


Date

 

[Signature(s)]

 

[Name and title of Minister(s)]

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))

  

[1]           Section 5

insert

operational money means public money:

                (a)    that the Minister responsible for an Agency determines is needed to do things consistent with the Agency’s charter; and

               (b)    that is not money needed for staff and general administrative expenditure.

[2]           Subsection 9 (2)

after

account

insert

, other than an account that is opened for the purpose of dealing with operational money,

[3]           Section 11

before

An official

insert

(1)

[4]           Section 11

insert

         (2)   Subsection (1) does not apply to an official who deposits public money in an account other than an official account in accordance with instructions given by the Chief Executive of the official’s Agency.

[5]           Subection 49 (1)

omit

the Finance Minister’s Orders

insert

an agreement between the Finance Minister and the Minister responsible for the Agency

[6]           Subsection 49 (2)

omit

Finance Minister’s Orders

insert

agreement

[7]           Subsection 49 (2)

omit

those Orders require

insert

the agreement requires

[8]           Subsection 49 (3)

omit

Finance Minister’s Orders

insert

agreement

[9]           Subsection 49 (3)

omit

those Orders

insert

the agreement

[10]         Subsection 49 (4)

omit

Finance Minister’s Orders

insert

the agreement

[11]         Paragraph 57 (2) (a)

omit

the Finance Minister’s Orders

insert

an agreement between the Finance Minister and the Minister responsible for an Agency

[11A]      Paragraph 57 (2) (b)

omit

those Orders

insert

the agreement

[12]         Subsection 57 (3)

omit

Finance Minister’s Orders

insert

agreement

[13]         Subsection 57 (7)

after

reports

insert

(other than financial statements that have, or a report that has, details of operational money)

Schedule 3        Prescribed law enforcement agencies

(paragraph 28 (1) (a))

  

        1       Australian Commission for Law Enforcement Integrity, comprising the staff members mentioned in section 11 of the Law Enforcement Integrity Commissioner Act 2006.

        2       Australian Crime Commission, comprising:

                (a)    the Chief Executive Officer and examiners of the Australian Crime Commission; and

               (b)    the staff mentioned in section 47 of the Australian Crime Commission Act 2002; and

                (c)    consultants engaged under section 48 of that Act; and

               (d)    persons whose services are made available under section 49 of that Act.

        3       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.

 


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.