Commonwealth Consolidated Regulations

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FINANCIAL MANAGEMENT AND ACCOUNTABILITY REGULATIONS 1997 - REG 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.



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