Version No. 020 Financial Management Regulations 1994 S.R. No. 69/1994 Version incorporating amendments as at 1 September 1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1. 2. 3. 4. 5. 6. 1 Objective Authorising provisions Commencement Revocation Application Definition 1 1 1 1 1 2 PART 2—COLLECTION OF REVENUE AND OTHER RECEIPTS 3 7, 8. Revoked 9. Unidentified and surplus money and unpresented cheques 3 3 PART 3—INCURRING OF EXPENSES AND OBLIGATIONS 4 10. 11. Limits on incurring of expenses and obligations Expenses and obligations of Royal Commissions and Boards of Inquiry PART 4—DIRECTIONS 12. 4 5 Directions of the Minister 5 PART 5—MISCELLANEOUS 13. 4 7 Records of authorities subject to inspection by Department of Treasury and Finance __________________ SCHEDULE 7 8 ═══════════════ i Regulation Page ENDNOTES 9 1. General Information 9 2. Table of Amendments 10 3. Explanatory Details 11 ii Version No. 020 Financial Management Regulations 1994 S.R. No. 69/1994 Version incorporating amendments as at 1 September 1999 PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to facilitate economic, effective and efficient financial management. 2. Authorising provisions These Regulations are made under sections 8 and 59 of the Financial Management Act 1994. 3. Commencement These Regulations come into operation on 1 July 1994. 4. Revocation The Audit (Financial Management) Regulations 19931 are revoked. 5. Application (1) These Regulations (other than Part 4) apply to— (a) all departments; and (b) the bodies set out in the Schedule with respect to the money specified in the Schedule. (2) Part 4 applies to all authorities, public bodies, accountable officers and chief finance and accounting officers. 1 Reg. 5 substituted by S.R. No. 57/1997 reg. 4. Financial Management Regulations 1994 S.R. No. 69/1994 Part 1—Preliminary r. 6 (3) The bodies set out in the Schedule are prescribed as authorities for the purposes of the Act. 6. Definition In these Regulations— "the Act" means the Financial Management Act 1994. _______________ 2 Financial Management Regulations 1994 S.R. No. 69/1994 Part 2—Collection of Revenue and other Receipts r. 9 Pt 2 (Heading) substituted by S.R. No. 77/1998 reg. 5. PART 2—COLLECTION OF REVENUE AND OTHER RECEIPTS * * * * * Reg. 7 revoked by S.R. No. 215/1994 reg. 5. * * * * * Reg. 8 amended by S.R. No. 215/1994 reg. 6(a)–(c), revoked by S.R. No. 77/1998 reg. 6. 9. Unidentified and surplus money and unpresented cheques (1) Money received which cannot be identified or which is surplus must be paid to Treasury Trust Fund pending clarification. (2) Cheques which remain unpresented after 15 months must be paid to Treasury Trust Fund. _______________ 3 Financial Management Regulations 1994 S.R. No. 69/1994 Part 3—Incurring of Expenses and Obligations r. 10 Pt 3 (Heading) substituted by S.R. No. 77/1998 reg. 7. PART 3—INCURRING OF EXPENSES AND OBLIGATIONS Reg. 10 substituted by S.R. Nos 215/1994 reg. 7, 77/1998 reg. 8. 10. Limits on incurring of expenses and obligations Expenses and obligations may be incurred or met by a person employed in a department only within the limits conferred on the person by the Minister administering the department. 11. Expenses and obligations of Royal Commissions and Boards of Inquiry Reg. 11(1) amended by S.R. No. 77/1998 reg. 9. (1) Expenses and obligations may only be incurred or met by a Royal Commission or Board of Inquiry— (a) if authorised by an Order in Council; and (b) to the extent of the maximum amount provided in the Order. (2) The Order must be published in the Government Gazette within 14 days of the making of the Order and laid before both Houses of Parliament within that time or, if a House is not sitting, within 14 days after the next meeting of that House. (3) The maximum amount may be increased by a further Order in Council which must be published and tabled in the same manner. _______________ 4 Financial Management Regulations 1994 S.R. No. 69/1994 Part 4—Directions r. 12 PART 4—DIRECTIONS 12. Directions of the Minister (1) The Minister may give to any authority or public body, an accountable officer or a chief finance and accounting officer directions in writing in relation to— (a) the establishment and keeping of the accounts of authorities subsidiary to the Department of Finance's accounts including accounts of subsidiaries and related bodies; (b) the collection of and accounting for public money and other money; (c) the expenditure of and the accounting for the payment of public and other money; (d) the establishment and maintenance of internal control standards, internal audit and audit committees; (e) the form and content of financial statements, additional information requirements and reports of operations of— (i) authorities and their subsidiaries and related bodies, including information to be disclosed in respect of affiliated bodies; and (ii) public bodies; (f) the preparation of performance indicators of authorities and all other bodies subject to any provision of the Act; (g) the preparation, issue and amendment of accounting manuals of authorities; (h) standards to be complied with and controls for computer—based accounting systems; 5 Financial Management Regulations 1994 S.R. No. 69/1994 Part 4—Directions r. 12 (i) required forms to be used; (j) the destruction of accounting documents and other records; Reg. 12(1)(k) substituted by S.R. No. 215/1994 reg. 8, amended by S.R. No. 77/1998 reg. 10(a). (k) systems and procedures for the purchase and supply of goods and services for or on behalf of the State; Reg. 12(1)(l) inserted by S.R. No. 215/1994 reg. 8, substituted by S.R. No. 77/1998 reg. 10(b). (l) the management and disposal or writing off of the assets (other than money) and liabilities of the State and the recording of and accounting for those assets and liabilities; Reg. 12(1)(la) inserted by S.R. No. 77/1998 reg. 10(b). (la) the writing off of amounts in respect of losses or deficiencies in public accounts or accounts of authorities or amounts of revenue or debts; Reg. 12(1)(m) inserted by S.R. No. 215/1994 reg. 8. (m) such other matters and things relating to the financial management of authorities and public bodies as the Minister thinks necessary to achieve the purposes of the Act. _______________ 6 Financial Management Regulations 1994 S.R. No. 69/1994 Part 5—Miscellaneous r. 13 PART 5—MISCELLANEOUS 13. Records of authorities subject to inspection by Department of Treasury and Finance A person employed in the Department of Treasury and Finance may inspect the accounting and financial records of an authority and report to the Minister any lack of uniformity in the form of the accounts or deficiency in the authority's system of accounts or internal controls. __________________ 7 Reg. 13 amended by S.R. No. 77/1998 reg. 11. Financial Management Regulations 1994 S.R. No. 69/1994 Sch. Sch. amended by S.R. Nos 57/1997 reg. 5, 77/1998 reg. 12(a)–(c). SCHEDULE Regulation 5 Authority Specified Money Environment Protection Authority Money forming part of the Public Account Money forming part of the Public Account Money forming part of the Public Account Money forming part of the Public Account Money forming part of the Public Account Money forming part of the Public Account Marine Board Roads Corporation State Training Board Victorian Casino and Gaming Authority Victorian Health Promotion Foundation ═══════════════ 8 Financial Management Regulations 1994 S.R. No. 69/1994 Endnotes ENDNOTES 1. General Information The Financial Management Regulations 1994, S.R. No. 69/1994, were made on 24 May 1994 by the Governor in Council under sections 8 and 59 of the Financial Management Act 1994, No. 18/1994 and came into operation on 1 July 1994: regulation 3. The Financial Management Regulations 1994 will sunset 10 years after the day of making on 24 May 2004 (see section 5 of the Subordinate Legislation Act 1994). 9 Financial Management Regulations 1994 S.R. No. 69/1994 Endnotes 2. Table of Amendments This Version incorporates amendments made to the Financial Management Regulations 1994 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Financial Management (Amendment) Regulations 1994, S.R. No. 215/1994 Date of Making: 20.12.94 Date of Commencement: Regulations 1–8 on 1.1.95: reg. 3(1), Regulation 9 on 1.2.95: reg. 3(2) Financial Management (Amendment) Regulations 1997, S.R. No. 57/1997 Date of Making: 24.6.97 Date of Commencement: 30.6.97: reg. 3 Financial Management (Amendment) Regulations 1998, S.R. No. 77/1998 Date of Making: 30.6.98 Date of Commencement: 1.7.98: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 10 Financial Management Regulations 1994 S.R. No. 69/1994 Endnotes 3. Explanatory Details 1 S.R. No. 107/1993. 11