Commonwealth Numbered Regulations - Explanatory Statements

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FINANCE REGULATIONS (AMENDMENT) 1994 NO. 69

Statutory Rules 1994 No. 69

Issued by the Authority of the Attorney-General for the Minister for Finance

Audit Act 1901

Finance Regulations (Amendment)

Subsection 71(1) of the Audit Act 1901 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Regulation 6A of the Finance Regulations (the Regulations) declares certain bodies and branches of the Australian Public Service to be prescribed authorities for the purposes of the Act. As prescribed authorities, they are covered by the definitions of the 'Department' in section 2 of the Act, subregulation 4(1) of the Regulations and regulation 2 of the Finance (Overseas) Regulations.

The Industrial Relations Court of Australia (the Court) is established by subsection 361(1) of the Industrial Relations Act 1988 (the IR Act). The Court commences operation on 30 March 1994.

Section 390 of the IR Act provides that the Chief Justice of the Court is assisted in the management of the administrative affairs of the Court by the Registrar of the Court.

Section 403 of the IR Act provides:

'In relation to the branch of the Australian Public Service consisting of the officers of the Court (other than the Registrar and any Deputy Sheriffs who are not persons appointed or employed under the Public Service Act 19221 and the staff of the Registries, the Registrar has the same powers as if that Branch were a Department of the Australian Public Service and the Registrar were the Secretary of that Department.'.

Regulation 6A of the Regulations has been amended by declaring the branch of the Australian Public Service in relation to which the Registrar of the Court has the powers of a Departmental Secretary to be a prescribed authority.

As a prescribed authority the branch is subject to the Act and its subsidiary legislation in its own right. That is, it conducts its own financial administration independently of the Department of the responsible Minister. It is appropriate that the branch have such independence.

The Regulations commences on 30 March 1994.