[pic] Financial Management and Accountability Regulations 1997 Statutory Rules 1997 No. 328 as amended made under the Financial Management and Accountability Act 1997 This compilation was prepared on 1 November 2009 taking into account amendments up to SLI 2009 No. 268 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 9 5 Prescribed Agencies and Chief Executives of prescribed Agencies 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 Guidelines (Act, s 64) 12 7A Commonwealth Grant Guidelines (Act, s 64) 12 9 Approval of spending proposals - principles 13 10 Approval of future spending proposals 13 11 Approval of spending proposals - officials 13 12 Recording approval of spending proposal 13 13 Entering into contract, agreement or arrangement 14 14 Entering into loan guarantees 14 Part 5 Relevant Agency receipts 15 Relevant Agency receipts 15 16 Limits on Agency receipts 17 Part 5A Protection of public money and public property 16A Guidelines on fraud 18 Part 6 Banking of public money etc 17 Prompt banking of received money (Act, s 10) 19 18 Public money in non-bankable currency 19 19 Withdrawals from official accounts and internal transfers between accounts (Act, s 13) 20 20 Custody etc of securities (Act, s 40) 21 Part 7 Borrowing and investment 21 Credit cards (Act, ss 38 and 60) 22 22 Investment of public money (Act, s 39) 23 Part 7A Reporting and audit etc 22A Preparation of annual financial statements by Finance Minister (Act, s 55) 24 22B Audit of Finance Minister's annual financial statements (Act, s 56) 24 22C Terms of reference of audit committees (Act, s 46) 25 22D Estimates 26 Part 8 Delegations and found property 23 Disposal of property found on Commonwealth premises etc 27 24 Finance Minister may delegate powers 28 24A Treasurer may delegate powers 28 25 Finance Chief Executive may delegate powers 28 25A Treasury Chief Executive may delegate powers 28 26 Chief Executive may delegate powers 29 Part 9 Modified operation of Act and relevant regulations 27 Modification of Act for intelligence or security agency (Act, s 58) 30 28 Modifications of Act for prescribed law enforcement agency (Act s 58) 30 28A Non-application of relevant regulations to operational money 31 Part 10 Act of grace and probate payments 29 Act of grace payments and waiver of debts (Act, ss 33 and 34) 32 30 Finance Minister may approve payments pending probate etc 33 Part 11 Transferring leave entitlements - payments when employees move between Agencies etc 31 Application of Part 11 35 32 Agencies to co-operate 35 33 Payment within 30 days of a correctly rendered invoice 35 34 Specific rules affecting members of the Defence Force 36 Schedule 1 Prescribed agencies 38 Part 1 Prescribed agencies that do not handle money other than public money 38 Part 2 Prescribed agencies that handle money other than public money 64 Schedule 2 Modification of the Act in its application to an intelligence or security agency or a prescribed law enforcement agency 65 Schedule 3 Prescribed law enforcement agencies 69 Notes 70 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. agency agreement means an agreement for the procurement of property or services under which an Agency is obliged, or may become obliged, to make a payment of public money to another Agency. 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. Commonwealth contract means an agreement for the procurement of property or services under which the Commonwealth is obliged, or may become obliged, to make a payment of public money. employee includes: (a) a member of the Defence Force; and (b) a statutory office-holder; and (c) a person engaged under one of the following Acts (as in force from time to time): (i) the Air Force Act 1923; (ii) the Australian Bureau of Statistics Act 1975; (iii) the Australian Federal Police Act 1979; (iv) the Australian Prudential Regulation Authority Act 1998; (v) the Australian Securities and Investments Commission Act 2001; (vi) the Australian Security Intelligence Organisation Act 1979; (vii) the Commonwealth Electoral Act 1918; (viii) the Defence Act 1903; (ix) the Director of Public Prosecutions Act 1983; (x) the Family Law Act 1975; (xi) the Naval Defence Act 1910; (xii) the Governor-General Act 1974; (xiii) the High Court of Australia Act 1979; (xiv) the Intelligence Services Act 2001; (xv) the Members of Parliament (Staff) Act 1984; (xvi) the Office of National Assessments Act 1977; (xvii) the Parliamentary Service Act 1999; and (xviii) the Public Service Act 1999. 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. spending proposal means a proposal that could lead to the creation of a contract, agreement or arrangement under which public money is payable or may become payable (including public money that is payable or may become payable in circumstances in which payment would be a notional payment for the purposes of section 6 of the Act). Treasury Chief Executive means the Secretary of the Department of the Treasury. 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. Part 2 Agencies 4 Allocation of certain persons to Departments of State and Departments of the Parliament (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 (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) (1) 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, and, in particular: (a) on any of the following matters: (i) handling, spending and accounting for public money; (ii) making commitments to spend public money; (iii) recovering amounts owing to the Commonwealth; (iv) using, or disposing of, public property; (v) acquiring property that is to be public property; and (b) for ensuring or promoting: (i) the proper use and management of public money, public property and other resources of the Commonwealth; and (ii) proper accountability for the use and management of public money, public property and other resources of the Commonwealth. (2) A Chief Executive must not issue an instruction that is inconsistent with: (a) the Act; or (b) these regulations; or (c) FMA Orders. Part 4 Commitments to spend public money 7 Commonwealth Procurement Guidelines (Act, s 64) (1) The Finance Minister may issue guidelines (to be called Commonwealth Procurement Guidelines) about matters relating to the procurement of property or services, including: (a) matters affecting Commonwealth contracts or agency agreements; and (b) the publication of details of Commonwealth contracts and agency agreements; and (c) the disposal of public property. (2) Commonwealth Procurement Guidelines must not be inconsistent with: (a) the Act; or (b) these regulations; or (c) FMA Orders. (3) Commonwealth Procurement Guidelines may require that a matter must be published in the way set out in the Guidelines. (4) An official performing duties in relation to the procurement of property or services must act in accordance with the Commonwealth Procurement Guidelines. 7A Commonwealth Grant Guidelines (Act, s 64) (1) The Finance Minister may issue guidelines (to be called Commonwealth Grant Guidelines) about matters relating to grants administration. (2) Commonwealth Grant Guidelines must not be inconsistent with: (a) the Act; or (b) these regulations; or (c) FMA Orders. (3) Commonwealth Grant Guidelines may require that a matter must be published in the way set out in the Guidelines. (4) An official performing duties in relation to the administration of grants must act in accordance with the Commonwealth Grant Guidelines. 9 Approval of spending proposals - principles An approver must not approve a spending proposal unless the approver is satisfied, after 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 When this regulation commenced, subsection 44 (3) of the Act defined proper use to mean efficient, effective and ethical use that is not inconsistent with the policies of the Commonwealth. 10 Approval of future spending proposals If any of the expenditure under a spending proposal is expenditure for which an appropriation of money is not authorised by the provisions of an existing law or a proposed law that is before the Parliament, an approver must not approve the proposal unless the Finance Minister has given written authorisation for the approval. 11 Approval of spending proposals - officials An official must not approve a spending proposal unless authorised by a Minister or Chief Executive, or by or under an Act, to approve the proposal. 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. 13 Entering into contract, agreement or arrangement A person must not enter into a contract, agreement or arrangement under which public money is, or may become, payable unless a spending proposal has been approved under regulation 9 and, if necessary, in accordance with regulation 10. 14 Entering into loan guarantees (1) In this regulation: loan guarantee means a guarantee of the due payment of the whole, or a part, of either or both of the principal of, and the interest payable on, a loan. (2) A person (including a Minister or a Chief Executive) must not give a loan guarantee on behalf of the Commonwealth unless: (a) a spending proposal for the guarantee has been approved under regulation 9 and, if necessary, in accordance with regulation 10; and (b) the giving of the guarantee has been authorised by the Finance Minister, or another person authorised by the Finance Minister for the purpose. Part 5 Relevant Agency receipts 15 Relevant Agency receipts (1) Subject to regulation 16, for subsection 31 (1) of the Act, the following kinds of amounts are prescribed: (a) specified amounts received by an Agency; (b) amounts that offset costs of the Agency that receives the amount; (c) amounts received in relation to the participation in, or taking advantage of, a specified program by the Agency that receives the amount; (d) amounts received in relation to the sale of minor departmental assets of the Agency that receives the amount; (e) amounts received in relation to the carrying on of business activities by the Agency that receives the amount. (2) For paragraph (1) (a), specified amounts means the following: (a) amounts received as sponsorships, grants, subsidies, contributions, gifts or bequests in relation to the departmental activities of the Agency that receives the amount; (b) amounts that are debited from a Special Account, in accordance with the debit purposes of the Special Account; (c) amounts received in relation to an application to the Agency under the Freedom of Information Act 1982; (d) amounts received as discounts, monetary incentives or rebates in relation to procurement arrangements; (e) amounts received as insurance recoveries in relation to departmental activities; (f) amounts received by way of, or in satisfaction of a claim for, compensation or damages; (g) amounts received as GST. (3) Subject to subregulation (4), for paragraph (1) (b), receipts that offset costs means amounts received by an Agency, to the extent that the amount received offsets costs incurred by the Agency in relation to: (a) the sale or hiring out of goods; or (b) the provision by the Agency of either or both of staff and services; or (c) the transfer of annual and long service leave entitlements; or (d) the payment to an employee, consultant, contractor or other person engaged by an Agency of an employee benefit; or (e) the subleasing of real property; or (f) the conduct of litigation or dispute resolution by an Agency; or (g) royalties and licence fees. (4) Subregulations (2) and (3) do not apply to an amount received by an Agency if a departmental item has been appropriated for the Agency in relation to the amount received by the Agency. (5) For paragraph (1) (c), receipts in relation to an Agency's participation in, or taking advantage of, a specified program include amounts received by an Agency: (a) in relation to a program that supports employees engaged in national security or defence activities; or (b) in relation to an employment subsidy scheme; or (c) in relation to a rebate of fuel tax, if the fuel tax was paid under a departmental item; or (d) in relation to a refund of fringe benefits tax that was paid in excess of the Agency's legal liability; or (e) in relation to any other program or scheme determined, in writing, by the Finance Minister. (6) For paragraph (1) (e), receipts in relation to an Agency carrying on business activities means amounts received by an Agency in relation to a business activity that has been conducted in accordance with the Commonwealth competitive neutrality policy, to the extent that the amount received exceeds the cost to the Agency in carrying out the activity. (7) If the total of amounts received by an Agency, in a financial year, in relation to: (a) the sale of minor departmental assets; and (b) the Agency carrying on business activities; is, in aggregate, 5% of the amount that was appropriated to the Agency, in relation to the relevant departmental item, for the relevant financial year, any further amount is not a kind of amount for subsection 31 (1) of the Act. (8) In this regulation: minor departmental asset means an asset of an Agency of which the purchase price is less than $10 000 000. 16 Limits on Agency receipts (1) Despite any other regulation, an amount received by way of a tax, levy, fine or penalty is not a kind of amount for subsection 31 (1) of the Act. (2) If the Commonwealth competitive neutrality policy applies to the activity of an Agency in relation to which an amount was received, the amount is a kind of amount for subsection 31 (1) of the Act only to the extent to which the activity is undertaken consistent with that policy. (3) If the Commonwealth cost recovery policy applies to the activity of an Agency in relation to which an amount was received, the amount is a kind of amount for subsection 31 (1) of the Act only to the extent to which the activity is undertaken consistent with that policy. Part 5A Protection of public money and public property 16A Guidelines on fraud (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 arrangements for reporting of fraud. (2) Fraud Control Guidelines must not be inconsistent with: (a) the Act; or (b) these Regulations; or (c) FMA Orders. (3) 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. (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 (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 from official accounts and internal transfers between accounts (Act, s 13) (1) 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) 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) An official may withdraw an amount from an official account for the purpose of spending that amount under an appropriation if the official has been issued with a relevant drawing right under paragraph 27 (1) (a) of the Act. (4) 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. 20 Custody etc 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, ss 38 and 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 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). (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 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 Terms of reference of audit committees (Act, s 46) (1) A Chief Executive must, when establishing an audit committee, give the committee terms of reference that include particulars of: (a) the membership of the committee; and (b) the frequency of the meetings of the committee; and (c) the functions and responsibilities of the committee. (2) The functions and responsibilities of an audit committee include: (a) the approval of internal annual and strategic audit plans of the Agency; and (b) the review of all audit reports involving matters of concern to senior management of the Agency, including the identification and dissemination of good practices; and (c) the provision of advice to the Chief Executive on action to be taken on matters of concern raised in a report of the internal auditors or in a report of the Auditor-General concerning the Agency; and (d) as far as practicable, the coordination of audit programs conducted by internal auditors and the programs conducted by the Auditor-General; and (e) the provision of advice to the Chief Executive on the preparation and review of financial statements of the Agency. (3) In subregulation (2): Auditor-General means the Auditor-General for the Commonwealth referred to in section 7 of the Auditor-General Act 1997. 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 Delegations and found property 23 Disposal of property found on Commonwealth premises etc (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. 24 Finance Minister may delegate powers (1) The Finance Minister may delegate to an official, by signed instrument, any of the Finance Minister's powers or functions under these regulations. (2) In exercising powers and functions under a delegation, the official must comply with any directions of the Finance Minister. 24A Treasurer may delegate powers (1) The Treasurer may delegate to an official, by signed instrument, any of the Treasurer's powers or functions under these regulations. (2) In exercising powers and functions under a delegation, the official must comply with any directions of the Treasurer. 25 Finance Chief Executive may delegate powers (1) The Finance Chief Executive may delegate to an official, by signed instrument, any of the Finance Chief Executive's powers or functions under these regulations. (2) In exercising powers and functions under a delegation, the official must comply with any directions of the Finance Chief Executive. 25A Treasury Chief Executive may delegate powers (1) The Treasury Chief Executive may delegate to an official, by signed instrument, any of the Treasury Chief Executive's powers or functions under these regulations. (2) In exercising powers and functions under a delegation, the official must comply with any directions of the Treasury Chief Executive. 26 Chief Executive may delegate powers (1) The Chief Executive of an agency may delegate to an official, by signed instrument, any of the Chief Executive's powers or functions under these regulations (including powers or functions 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. 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. Those Orders allow for special arrangements to be made for the agency. 28A Non-application of relevant regulations to operational money (1) Subregulations 7 (4), 7A (4) and 16A (3) 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, ss 33 and 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 |0.6 | |2 | | |At least 2 but less than |0.7 | |4 | | |At least 4 but less than |0.8 | |6 | | |At least 6 but less than |0.9 | |8 | | |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) Part 1 Prescribed agencies that do not handle money other than public money |Item |Agency |Chief | | | |Executive | |101 |Administrative Appeals |Registrar | | |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 | | |102 |AusAID, comprising: |Director-Gener| | |(a) the person occupying, or |al | | |performing the duties of, the | | | |office within the Department of| | | |Foreign Affairs and Trade known| | | |as Director-General of AusAID; | | | |and | | | |(b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Director-General | | |103 |Australian Bureau of |Australian | | |Statistics, comprising: |Statistician | | |(a) the Australian | | | |Statistician; and | | | |(b) the staff mentioned in | | | |subsection 16 (1) of the | | | |Australian Bureau of Statistics| | | |Act 1975; and | | | | (c) persons engaged under | | | |subsection 16 (2) of that Act | | | |See Note B | | |104 |Australian Centre for |Chief | | |International Agricultural |Executive | | |Research (ACIAR), comprising: |Officer | | |(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 | | |105 |Australian Commission for Law |Integrity | | |Enforcement Integrity (ACLEI) |Commissioner | | |comprising the staff members | | | |mentioned in section 11 of the | | | |Law Enforcement Integrity | | | |Commissioner Act 2006 | | | |See Note B | | |106 |Australian Communications and |Chair | | |Media Authority (the 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 | | | | (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 |Chairperson | | |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 Trade | | | |Practices Act 1974; 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 | | | | (f) consultants made available| | | |to assist the Australian Energy| | | |Regulator under paragraph | | | |44AAC (b) of that Act | | | |See Note B | | |108 |Australian Crime Commission, |Chief | | |comprising: |Executive | | |(a) the Chief Executive Officer|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 | | | |See Note B | | |109 |Australian Customs and Border |Chief | | |Protection Service, comprising:|Executive | | | |Officer of | | |(a) the Chief Executive Officer|Customs | | |of Customs; and | | | |(b) the staff mentioned in | | | |section 15 of the Customs | | | |Administration Act 1985 | | | |See Note B | | |110 |Australian Electoral |Electoral | | |Commission, comprising: |Commissioner | | |(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 | | |112 |Australian Federal Police, |Commissioner | | |comprising: |of Police | | |(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 | | |113 |Australian Industrial Registry,|Industrial | | |comprising: |Registrar | | |(a) the Industrial Registrar | | | |and Deputy Industrial | | | |Registrars; and | | | |(b) the staff mentioned in | | | |section 83 of Workplace | | | |Relations Act 1996 | | | |See Note B | | |114 |Australian Fisheries Management|Chief | | |Authority, comprising: |Executive | | |(a) the Chairperson of the |Officer | | |Commission, the other part-time| | | |commissioners and the CEO | | | |mentioned in subsection 12 (1) | | | |of the Fisheries Administration| | | |Act 1991; and | | | |(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 |President | | |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 | | |115 |Australian Institute of Family |Director | | |Studies (AIFS), comprising: | | | |(a) the Director of the AIFS; | | | |and | | | |(b) the staff mentioned in | | | |section 114M of the Family Law | | | |Act 1975 | | | |See Note B | | |116 |Australian National Audit |Auditor-Genera| | |Office, comprising: |l | | |(a) the Auditor-General; and | | | |(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 | | |117 |Australian Office of Financial |Chief | | |Management (AOFM), comprising: |Executive | | |(a) the person occupying, or |of AOFM | | |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 | | |117A |Australian Organ and Tissue |Chief | | |Donation and Transplantation |Executive | | |Authority, comprising: |Officer | | |(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 | | | |(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 |Chief | | |Veterinary Medicines Authority |Executive | | |(APVMA), comprising: |Officer | | |(a) the Chief Executive Officer| | | |appointed under section 33 of | | | |the Agricultural and Veterinary| | | |Chemicals (Administration) Act | | | |1992; and | | | | (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 |Chair | | |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 | | | | (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 |Public Service| | |Commission (APS Commission), |Commissioner | | |comprising: | | | |(a) the Public Service | | | |Commissioner; and | | | |(b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Commissioner | | | |See Note B | | |121 |Australian Radiation Protection|Chief | | |and Nuclear Safety Agency |Executive | | |(ARPANSA), comprising: |Officer of | | |(a) the Chief Executive Officer|ARPANSA | | |of ARPANSA; and | | | | (b) the staff mentioned in | | | |section 58 of the Australian | | | |Radiation Protection and | | | |Nuclear Safety Act 1998 | | | |See Note B | | |122 |Australian Research Council, |Chief | | |established by subsection 5 (1)|Executive | | |of the Australian Research |Officer | | |Council Act 2001 | | | |See Note B | | |123 |Australian Secret Intelligence |Director-Gener| | |Service, |al | | |comprising: | | | |(a) the Director-General of the| | | |Australian Secret Intelligence | | | |Service; and | | | |(b) persons employed by the | | | |Director-General | | |124 |Australian Securities and |Chairperson | | |Investments Commission, | | | |comprising: | | | |(a) the Chairperson and other | | | |members of the Commission; and | | | |(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 |Director-Gener| | |Intelligence Organisation, |al | | |comprising: |of Security | | |(a) the Director-General of | | | |Security; and | | | |(b) persons employed under | | | |section 84 of the Australian | | | |Security Intelligence | | | |Organisation Act 1979 | | |126 |Australian Sports Anti-Doping |Chair | | |Authority (the ASADA), | | | |comprising: | | | |(a) the Chair, the Deputy Chair| | | |and the other members of the | | | |ASADA; and | | | |(b) the staff mentioned in | | | |section 49 of the Australian | | | |Sports Anti-Doping Authority | | | |Act 2006; and | | | |(c) the persons whose services | | | |are made available to the ASADA| | | |under section 50 of that Act. | | | |See Note B | | |127 |Australian Taxation Office, |Commissioner | | |comprising: |of Taxation | | |(a) the Commissioner of | | | |Taxation and the Second | | | |Commissioners of Taxation; and | | | | (b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Commissioner | | | |See Note B | | |128 |Australian Trade Commission |Chief | | |(Austrade), comprising: |Executive | | |(a) the Chief Executive Officer|Officer | | |mentioned in section 7B of the | | | |Australian Trade Commission Act| | | |1985; and | | | |(b) the staff mentioned in | | | |section 60 of that Act; and | | | | (c) consultants engaged under | | | |section 62 of that Act | | | |See Note B | | |129 |Australian Transaction Reports |Chief | | |and Analysis Centre (AUSTRAC), |Executive | | |comprising: |Officer | | |(a) the Chief Executive Officer| | | |of AUSTRAC; and | | | | (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 |Chief | | |Bureau (ATSB), comprising: |Executive | | |(a) the Chief Executive Officer|Officer | | |of the ATSB; and | | | |(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, |Director | | |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 | | |132 |Cancer Australia, comprising: |Chief Executive| | |(a) the Chief Executive Officer|Officer | | |appointed under section 14 of | | | |the Cancer Australia Act 2006; | | | |and | | | |(b) the staff mentioned in | | | |section 8 of that Act; and | | | |(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 |Centrelink (Commonwealth |Chief Executive| | |Services Delivery Agency), |Officer | | |comprising: | | | |(a) the Chief Executive Officer| | | |appointed under section 29 of | | | |the Commonwealth Services | | | |Delivery Agency Act 1997; and | | | | (b) the staff mentioned in | | | |subsection 35 (1) of that Act; | | | |and | | | |(c) consultants (if any) | | | |engaged under subsection 37 (1)| | | |of that Act | | | |See Note B | | |134 |Commonwealth Grants Commission,|Secretary of | | |comprising: |the Commission| | |(a) the Chairperson and members| | | |of the Commonwealth Grants | | | |Commission; and | | | |(b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Commission | | |135 |ComSuper, comprising: |Commissioner | | |(a) the Commissioner for |for | | |Superannuation; and |Superannuation| | |(b) the staff mentioned in | | | |section 26 of the | | | |Superannuation Act 1976 | | | |See Note B | | |136 |Corporations and Markets |Convenor | | |Advisory Committee (CAMAC), | | | |comprising: | | | |(a) the Convenor and other | | | |members appointed under | | | |section 147 of the Australian | | | |Securities and Investments | | | |Commission Act 2001; and | | | |(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: |Chief | | |(a) the Chief Executive |Executive | | |Officer; and |Officer | | | (b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Chief Executive | | | |Officer | | | |See Note A | | |139 |Defence Materiel Organisation, |Chief | | |comprising: |Executive | | |(a) the Chief Executive |Officer | | |Officer; and | | | |(b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Chief Executive | | | |Officer; and | | | |(c) members of the Defence | | | |Force whose services are made | | | |available to assist the Chief | | | |Executive Officer | | |140 |Equal Opportunity for Women in |Director | | |the Workplace Agency, | | | |comprising: | | | |(a) the Director of the Equal | | | |Opportunity for Women in the | | | |Workplace Agency; and | | | | (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), |General | | |comprising: |Manager | | |(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 | | | | (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, |Chief | | |comprising: |Executive | | |(a) the Chief Executive Officer|Officer | | |of the Family Court of | | | |Australia; and | | | |(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, |Registrar | | |comprising: | | | |(a) the Registrar of the | | | |Federal Court of Australia; and| | | | (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 |Chief | | |Australia, comprising: |Executive | | |(a) the Chief Executive Officer|Officer | | |of the Federal Magistrates | | | |Court of Australia; and | | | | (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, |Chair of the | | |comprising: |Future Fund | | |(a) the Chair of the Future |Board of | | |Fund Board of Guardians |Guardians | | |appointed under section 38 of | | | |the Future Fund Act 2006; and | | | | (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, |Chief | | |comprising: |Executive of | | |(a) the office known as the |Geoscience | | |Chief Executive of Geoscience |Australia | | |Australia; and | | | |(b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Chief Executive | | |147 |Great Barrier Reef Marine Park |Chairperson | | |Authority, comprising: | | | |(a) the Chairperson and members| | | |of the Authority appointed | | | |under section 10 of the Great | | | |Barrier Reef Marine Park | | | |Act 1975; and | | | |(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 |Chief | | |Australia (ITSA), comprising: |Executive | | |(a) the Chief Executive of | | | |ITSA; and | | | | (b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Chief Executive | | | |See Note A | | |150 |Inspector-General of Taxation, |Inspector-Gene| | |comprising: |ral | | |(a) the Inspector-General of |of Taxation | | |Taxation mentioned in section 6| | | |of the Inspector-General of | | | |Taxation Act 2003; and | | | |(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 | | |151 |IP Australia, comprising: |Director-Gener| | |(a) the Director-General of IP |al | | |Australia; and | | | | (b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Director-General | | |152 |Medicare Australia comprising: |Chief | | |(a) the Chief Executive Officer|Executive | | |appointed under section 8AG of |Officer | | |the Medicare Australia Act | | | |1973; and | | | |(b) the staff mentioned in | | | |subsection 20 (1) of that Act; | | | |and | | | | (c) consultants (if any) | | | |engaged under subsection 21 (1)| | | |of that Act | | | |See Note B | | |153 |Migration Review Tribunal and |Principal | | |Refugee Review Tribunal |Member | | |(MRT-RRT) comprising: |of the RRT | | |(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 | | | |(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,|Chief | | |comprising: |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,|Director-Gener| | |comprising: |al | | |(a) the Director-General; and | | | |(b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Director-General | | | |See Note A | | |156 |National Blood Authority, |General | | |comprising: |Manager | | |(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 | | | | (c) consultants engaged under | | | |section 37 of that Act | | | |See Note B | | |157 |National Capital Authority, |Chief | | |comprising: |Executive | | |(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 | | | | (c) consultants engaged under | | | |section 48 of that Act | | | |See Note B | | |158 |National Competition Council, |Council | | |comprising: |President | | |(a) the Council President and | | | |the Councillors mentioned in | | | |section 29C of the Trade | | | |Practices Act 1974; and | | | |(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 |Chief | | |Research Council (NHMRC) |Executive | | |comprising: |Officer | | |(a) the Chief Executive Officer| | | |mentioned in section 6 of the | | | |National Health and Medical | | | |Research Council Act 1992; and | | | |(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 | | |160 |National Native Title Tribunal,|Native Title | | |comprising: |Registrar | | |(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 | | | |(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 |Chief | | |Safety Authority (NOPSA), |Executive | | |established by section 150XD of|Officer | | |the Petroleum (Submerged Lands)| | | |Act 1967, comprising: | | | |(a) the Chief Executive Officer| | | |of NOPSA; and | | | | (b) the staff mentioned in | | | |subsection 150YH (1) of that | | | |Act; and | | | |(c) consultants engaged under | | | |subsection 150YI (1) of that | | | |Act; and | | | | (d) the officers and employees| | | |mentioned in subsection 150YI | | | |(3) of that Act | | | |See Note B | | |162 |National Water Commission, |Chief | | |established by section 6 of the|Executive | | |National Water Commission Act |Officer | | |2004, comprising: | | | |(a) the Chief Executive Officer| | | |and Commissioners of the | | | |National Water Commission; and | | | |(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 |Chair of the | | |Assurance Standards Board, |AUASB | | |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 | | | |(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 |Chair of the | | |Accounting Standards Board, |AASB | | |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 | | | |(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 | | |165 |Office of National Assessments,|Director-Gener| | |comprising: |al | | |(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 | | |166 |Office of Parliamentary |First | | |Counsel, comprising: |Parliamentary | | |(a) the First Parliamentary |Counsel | | |Counsel and Second | | | |Parliamentary Counsel; and | | | | (b) the staff mentioned in | | | |section 16 of the Parliamentary| | | |Counsel Act 1970 | | | |See Note B | | |167 |Office of the Australian |Australian | | |Building and Construction |Building and | | |Commissioner, comprising: |Construction | | |(a) the Australian Building and|Commissioner | | |Construction Commissioner; and | | | |(b) the Deputy Australian | | | |Building and Construction | | | |Commissioners; and | | | | (c) the staff mentioned in | | | |subsection 25 (1) of the | | | |Building and Construction | | | |Industry Improvement Act 2005; | | | |and | | | |(d) the consultants engaged | | | |under subsection 25 (3) of that| | | |Act. | | | |See Note B | | |168 |Office of the Commonwealth |Commonwealth | | |Ombudsman, comprising: |Ombudsman | | |(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 | | |169 |Office of the Privacy |Privacy | | |Commissioner, comprising: |Commissioner | | |(a) the Privacy Commissioner; | | | |and | | | |(b) the staff mentioned in | | | |section 26A of the Privacy Act | | | |1988 | | | |See Note B | | |170 |Office of the Director of |Director of | | |Public Prosecutions, |Public | | |comprising: |Prosecutions | | |(a) the Director of Public | | | |Prosecutions; and | | | |(b) the Associate Director of | | | |Public Prosecutions; and | | | |(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 | | |170A |Office of the Fair Work |Fair Work | | |Ombudsman, comprising: |Ombudsman | | |(a) the Fair Work Ombudsman | | | |appointed under section 687 of | | | |the Fair Work Act 2009; and | | | |(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|Inspector-Gene| | |of Intelligence and Security, |ral of | | |comprising: |Intelligence | | |(a) the Inspector-General of |and Security | | |Intelligence and Security; and | | | |(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 |Official | | |Secretary to the |Secretary | | |Governor-General, comprising: |to the | | |(a) the Official Secretary to |Governor- | | |the Governor-General; and |General | | |(b) persons employed under | | | |section 13 of the | | | |Governor-General Act 1974 | | |173 |Office of the Renewable Energy |Regulator | | |Regulator, comprising: | | | |(a) the Regulator; and | | | |(b) staff mentioned in section | | | |151 of the Renewable Energy | | | |(Electricity) Act 2000; and | | | | (c) persons engaged under | | | |contract under section 155 of | | | |that Act to assist in the | | | |performance of any function of | | | |the Regulator | | | |See Note B | | |175 |Old Parliament House, |Director | | |comprising: | | | |(a) the Director; and | | | | (b) persons engaged under the | | | |Public Service Act 1999 to | | | |assist the Director. | | | |See Note A | | |176 |Private Health Insurance |Private Health| | |Ombudsman, comprising: |Insurance | | |(a) the Private Health |Ombudsman | | |Insurance Ombudsman mentioned | | | |in section 238-1 of the Private| | | |Health Insurance Act 2007; and | | | |(b) the staff mentioned in | | | |section 253-45 of that Act | | | |See Note B | | |177 |Productivity Commission, |Chair of the | | |comprising: |Commission | | |(a) the Chair and other members| | | |of the Productivity Commission;| | | |and | | | | (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 |Director of | | |Scheme, comprising: |Professional | | |(a) the Director of |Services | | |Professional Services Review |Review | | |and Deputy Directors of | | | |Professional Services Review; | | | |and | | | |(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, |Chief | | |comprising: |Executive | | |(a) the Chief Executive Officer|Officer | | |of the Royal Australian Mint; | | | |and | | | |(b) persons engaged under the | | | |Public Service Act 1999 who | | | |assist the Chief Executive | | | |Officer; and | | | |(c) persons employed under | | | |other arrangements to assist | | | |the Chief Executive Officer | | |179A |Safe Work Australia, |Chief | | |comprising: |Executive | | |(a) the members mentioned in |Officer | | |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 | | | |(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, |Chairperson | | |Rehabilitation and Compensation| | | |Authority (Seacare Authority) | | | |established by section 103 of | | | |the Seafarers Rehabilitation | | | |and Compensation Act 1992, | | | |comprising: | | | |(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 | | |181 |Wheat Exports Australia, |Chair | | |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 | | | |(c) the persons whose services | | | |are made available to Wheat | | | |Exports Australia under | | | |section 62 of that Act | | | |See Note B | | |182 |Workplace Authority, |Workplace | | |comprising: |Authority | | |(a) the Workplace Authority |Director | | |Director; and | | | |(b) the Workplace Authority | | | |Deputy Directors; and | | | |(c) the staff assisting the | | | |Workplace Authority Director. | | | |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: ( 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) ( 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). Part 2 Prescribed agencies that handle money other than public money |Item |Agency |Chief Executive | |201 |Australian Reward Investment |Chairperson | | |Alliance (ARIA), comprising: | | | |(a) the Chairperson and other | | | |trustees mentioned in section 23 | | | |of the Superannuation Act 1990; | | | |and | | | |(b) persons engaged under the | | | |Public Service Act 1999 who assist| | | |ARIA; and | | | |(c) persons employed under other | | | |arrangements to assist ARIA | | Note The body in this Part is an FMA agency only in regard to public money that it holds - see regulation 5. 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 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. 2 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 |Date of |Date of |Application,| |number |notification |commencement |saving or | | | | |transitional| | |in Gazette or| |provisions | | |FRLI | | | | |registration | | | |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|27 May 1998 |27 May 1998 |R. 4 | |(a) | | | | |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 |15 Feb 2005 |- | | |(see | | | | |F2005L00147) | | | |2005 No. 74 |28 Apr 2005 |Rr. 1-3 and |- | | |(see |Schedule 1: 28 | | | |F2005L00960) |Apr 2005 | | | | |Remainder: 1 July| | | | |2005 | | |2005 No. 111|11 June 2005 |Rr. 1-3 and |- | | |(see |Schedule 1: 11 | | | |F2005L01415) |June 2005 | | | | |Remainder: 1 July| | | | |2005 | | |2005 No. 126|17 June 2005 |1 July 2005 |- | | |(see | | | | |F2005L01542) | | | |2005 No. 207|19 Sept 2005 |1 Oct 2005 (see |- | | |(see |r. 2) | | | |F2005L02673) | | | |2005 No. 218|7 Oct 2005 |Rr. 1-3 and |- | | |(see |Schedule 1 [item | | | |F2005L02918) |6]: 8 Oct 2005 | | |2006 No. 53 |24 Mar 2006 |27 Mar 2006 |- | | |(see | | | | |F2006L00909) | | | |2006 No. 63 |24 Mar 2006 |3 Apr 2006 (see |- | | |(see |r. 2) | | | |F2006L00910) | | | |2006 No. 77 |5 May 2006 |6 May 2006 |- | | |(see | | | | |F2006L01175) | | | |2006 No. 151|28 June 2006 |29 June 2006 |- | | |(see | | | | |F2006L01993) | | | |2006 No. 152|28 June 2006 |Rr. 1, 2: 29 June|- | | |(see |2006 | | | |F2006L02019) |R. 5 and Schedule| | | | |3: (b) | | | | |Remainder: 1 July| | | | |2006 | | |2006 No. 153|28 June 2006 |1 July 2006 |- | | |(see | | | | |F2006L02011) | | | |2006 No. 154|28 June 2006 |1 July 2006 |- | | |(see | | | | |F2006L02016) | | | |2006 No. 268|20 Oct 2006 |1 Dec 2006 (see |- | | |(see |r. 2) | | | |F2006L03472) | | | |2006 No. 351|14 Dec 2006 |30 Dec 2006 (see |- | | |(see |r. 2) | | | |F2006L04063) | | | |2007 No. 84 |16 Apr 2007 |Rr. 1-3 and |- | | |(see |Schedule 1: | | | |F2007L00975) |17 Apr 2007 | | | | |Remainder: 1 July| | | | |2007 (see r. 2 | | | | |(b), (c) and (d))| | |2007 No. 112|11 May 2007 |Rr. 1-3 and |- | | |(see |Schedule 1: | | | |F2007L01314) |12 May 2007 | | | | |Remainder: 1 July| | | | |2007 | | |2007 No. 158|25 June 2007 |Rr. 1-3: 26 June |- | | |(see |2007 | | | |F2007L01771) |Remainder: 1 July| | | | |2007 | | | | |(see r. 2 (b)) | | |2007 No. 159|25 June 2007 |Rr. 1-3: 26 June |- | | |(see |2007 | | | |F2007L01772) |Remainder: 1 July| | | | |2007 | | | | |(see r. 2 (b)) | | |2007 No. 252|27 Aug 2007 |28 Aug 2007 |- | | |(see | | | | |F2007L02561) | | | |2008 No. 4 |30 Jan 2008 |Rr. 1-3 and |- | | |(see |Schedule 1: | | | |F2008L00227) |31 Jan 2008 | | | | |Remainder: 3 Mar | | | | |2008 (see r. 2 | | | | |(b)) | | |2008 No. 108|24 June 2008 |Rr. 1-4 and |R. 4 | | |(see |Schedule 1: | | | |F2008L02162) |25 June 2008 | | | | |Remainder: 1 July| | | | |2008 | | |2008 No. 143|29 June 2008 |Rr. 1-3 and |- | | |(see |Schedule 1: 30 | | | |F2008L02248) |June 2008 | | | | |Remainder: 1 July| | | | |2008 (see r. 2 | | | | |(b)) | | |2008 No. 146|30 June 2008 |1 July 2008 (see |- | | |(see |r. 2) | | | |F2008L02250) | | | |2008 No. 266|15 Dec 2008 |Rr. 1-3: 16 Dec |- | | |(see |2008 | | | |F2008L04632) |Schedule 1: 15 | | | | |Dec 2008 (see r. | | | | |2 (b) and | | | | |F2008L04656) | | |2008 No. 267|18 Dec 2008 |Rr. 1-3 and |- | | |(see |Schedule 1: 19 | | | |F2008L04624) |Dec 2008 | | | | |R. 4 and Schedule| | | | |2: 1 Jan 2009 | | | | |(see r. 2 (b)) | | |2009 No. 32 |2 Mar 2009 |1 July 2009 |- | | |(see | | | | |F2009L00708) | | | |2009 No. 41 |19 Mar 2009 |20 Mar 2009 |R. 4 | | |(see | | | | |F2009L01034) | | | |2009 No. 83 |18 May 2009 |Rr. 1-3 and |- | | |(see |Schedule 1: 19 | | | |F2009L01812) |May 2009 | | | | |Schedule 2: 5 Aug| | | | |2009 (see r. 2 | | | | |(b)) | | |2009 No. 134|25 June 2009 |1 July 2009 |R. 4 | | |(see | | | | |F2009L02519) | | | |2009 No. 135|25 June 2009 |Rr. 1-3 and |- | | |(see |Schedule 1: | | | |F2009L02490) |1 July 2009 | | | | |R. 4 and Schedule| | | | |2: | | | | |31 July 2009 | | |2009 No. 268|14 Oct 2009 |1 Nov 2009 (see |- | | |(see |r. 2 and | | | |F2009L03726) |F2009L03902) | | (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 |Date of |Date of |Applicati| | |and |Assent |commencement|on, | | |year | | |saving or| | | | | |transitio| | | | | |nal | | | | | |provision| | | | | |s | |Australian |45, |1 Apr |Schedule 1 |- | |Communications |2005 |2005 |(item 64): 1| | |and Media | | |July 2005 | | |Authority | | | | | |(Consequential | | | | | |and Transitional | | | | | |Provisions) Act | | | | | |2005 | | | | | |Building and |112, |12 Sept |Schedule 3: |- | |Construction |2005 |2005 | | | |Industry | | |12 Sept 2005| | |Improvement | | | | | |(Consequential | | | | | |and Transitional)| | | | | |Act 2005 | | | | | |Workplace |153, |14 Dec |Schedule 1A |- | |Relations (Work |2005 |2005 |(item 2): 14| | |Choices) Act 2005| | |Dec 2005 | | |Australian Sports|7, 2006|7 Mar |Schedule 1 |- | |Anti-Doping | |2006 |(item 8): 13| | |Authority | | |Mar 2006 | | |(Consequential | | | | | |and Transitional | | | | | |Provisions) Act | | | | | |2006 | | | | | |Anti-Money |170, |12 Dec |Schedule 1 |- | |Laundering and |2006 |2006 |(item 39): | | |Counter-Terrorism| | |13 Dec 2006 | | |Financing | | | | | |(Transitional | | | | | |Provisions and | | | | | |Consequential | | | | | |Amendments) Act | | | | | |2006 | | | | | |Workplace |107, |28 June |Schedule 2 |- | |Relations |2007 |2007 |(item 31) | | |Amendment (A | | |and Schedule| | |Stronger Safety | | |3 | | |Net) Act 2007 | | |(item 17): I| | | | | |July 2007 | | |Wheat Marketing |108, |28 June |Schedule 5 |- | |Amendment Act |2007 |2007 |(item 1): 1 | | |2007 | | |Oct 2007 | | |Wheat Export |66, |30 June |Schedule 2 |Sch. 3 | |Marketing (Repeal|2008 |2008 |(items 9 and| | |and Consequential| | |10): 1 July | | |Amendments) Act | | |2008 | | |2008 | | | | | 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 | |R. 3A |ad. 2009 No. 134 | |Part 2 | | |Heading to r. 4 |rs. 2005 No. 111 | |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 | |R. 5 |am. 1999 Nos. 44 and 45; 2004 No. | | |331; 2005 No. 111 | |R, 5A |ad, 2009 No. 134 | |Part 4 | | |Heading to r. 7 |rs. 2009 No. 134 | |R. 7 |am. 2002 No. 74; 2009 No. 134 | |R. 7A |ad. 2009 No. 134 | |R. 8 |rep. 2009 No. 134 | |R. 9 |am. 1999 No. 44; 2006 No. 151 | | |rs. 2009 No. 134 | |Heading to r. 11 |rs. 2002 No. 74 | |R. 11 |am. 2002 No. 74; 2009 No. 134 | |R. 12 |rs. 2009 No. 134 | |R. 13 |am. 2002 No. 74 | | |rs. 2009 No. 134 | |R. 14 |am. 2002 No. 74; 2009 No. 134 | |Part 5 |rep. 1999 No. 107 | |Rr. 15-18 |rep. 1999 No. 107 | |Part 5 | | |Part 5 |ad. 2008 No. 108 | |R. 15 |ad. 2008 No. 108 | | |am. 2009 No. 134 | |R. 16 |ad. 2008 No. 108 | |Part 5A | | |Part 5A |ad. 2009 No. 41 | |R. 16A |ad. 2009 No. 41 | | |am. 2009 No. 134 | |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 | |R. 17 |ad. 2009 No. 41 | |R. 18 |ad. 2009 No. 41 | |R. 19 |am. 2008 No. 108 | | |rs. 2009 No. 41 | |R. 20 |rs. 2009 No. 41 | |Part 7 | | |R. 21 |rs. 2009 No. 41 | |Heading to r. 22 |rs. 2009 No. 41 | |R. 22 |rs. 1999 No. 107 | | |am. 2004 No. 331 | | |rs. 2008 No. 108 | |Part 7A | | |Heading to Part 7A|rs. 2009 No. 41 | |Part 7A |ad. 1998 No. 333 | |R. 22A |ad. 1998 No. 333 | |R. 22B |ad. 1998 No. 333 | |R. 22C |ad. 2009 No. 41 | |R. 22D |ad. 2009 No. 41 | |Part 8 | | |Heading to Part 8 |rs. 2009 No. 41 | |R. 23 |am. 2005 No. 218 | |R. 24 |am. 1999 No. 107 | |R. 24A |ad. 1999 No. 107 | |R. 25 |am. 1999 No. 107; 2002 No. 74 | |R. 25A |ad. 1999 No. 107 | |R. 26 |am. 1999 No. 107; 2008 No. 4 | |Part 9 | | |Heading to Part 9 |ad. 2009 No. 41 | |R. 27 |ad. 1999 No. 44 | |R. 28 |ad. 2006 No. 151 | |R. 28A |ad. 2009 No. 134 | |Part 10 | | |Part 10 |ad. 2009 No. 41 | |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 |rep. 1999 No. 45 | |Schedule | | |Schedule |am. 1998 Nos. 65, 112, 122, 261 and | | |289 | |Heading to |ad. 1999 No. 45 | |Schedule 1 | | |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 and 268 | |Schedule 2 | | |Heading to |rs. 2006 No. 151 | |Schedule 2 | | |Schedule 2 |am. 1999 No. 44; 2009 No. 134 | |Schedule 3 | | |Schedule 3 |ad. 2006 No. 151 | | |am. 2009 No. 135 | 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 (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 (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.