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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These 1904 Treasury Regulations set the Commonwealth’s rule book for handling public money under the Audit Act 1901, defining the financial year and a strict three-tier system for collection, receipt and payment. They bind collectors, receivers, certifying/authorizing/paying officers, Sub‑Treasury accountants and other public servants to numbered forms, reconciliations and a fidelity guarantee fund.
Why it matters: they establish separation of duties and a paper trail to prevent misuse and enable full audit of public funds.
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Direct links to the current provisions in Treasury Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1904. No. 23.
TREASURY REGULATIONS.
HIS Excellency the Governor-General in and over the Commonwealth of Australia, by and with the advice of the Executive Council thereof, has been pleased to direct that the following shall be Treasury Regulations, in pursuance of section 71 of the Audit Act 1901, No. 4. The Regulations respecting Public Moneys which were approved by Order in Council of the 23rd January, 1902, are hereby-revoked.
In these Regulations—
The term " Chief Officer," when used in connexion with the Department of Defence, shall mean such officer or officers as may be appointed by the Minister to perform the functions under these Regulations of Chief Officer for any State.
The arrangements as regards the Northern Territory of South Australia are restricted to Powell's Creek and stations to the north thereof.
I.—FINANCIAL YEAR.
The financial year commences on the First day of July and ends on the Thirtieth day of June.
All moneys paid into the Commonwealth Public Account on and between the first and last days of the financial year shall be deemed to be the receipts of the financial year, and all moneys paid out of the Commonwealth Public Account on and between the first and last days of the financial year shall be deemed to be the payments of that financial year.
II.—RECEIPT OF PUBLIC MONEYS.
Receivers of Public Moneys shall be appointed.
Collectors of Public Moneys, hereinafter referred to as Collectors, shall be appointed for the Department of Trade and Customs by the Minister of the Department, or by some person appointed by him for the purpose.
All moneys payable into the Commonwealth Public Account and received by a Collector shall, unless otherwise directed by the Treasurer, be paid daily into a Bank appointed by the Treasurer to an account called the " Collector's Receipts Account."
C.6892.—Price, 3s.
The Collector shall at intervals, as directed by the Treasurer, remit to the Receiver for the Customs Department in the State in which the moneys has been collected, or if a Collector in the Northern Territory to the Receiver at Palmerston, a cheque for the full amount of his collections which have not previously been paid to the Receiver. The cheque shall be crossed, marked " Not negotiable," made payable to the order of the Receiver, and shall be accompanied by a Collector's Statement in Form 1. No cheque shall be drawn on a Collector's Receipts Account, except to the order of a Receiver. Receivers shall furnish to Collectors written discharges for amounts remitted.
The Treasurer may, however, direct that crossed cheques marked " Not negotiable" may be drawn by a Collector and paid to the local bank in order that the amount may be telegraphed to the Receiver. In this case, a Telegraphic Statement shall be forwarded to the Receiver to be transmitted to the Sub-Treasury.
When no collections payable to a Receiver are made by a Collector during the period for which he has to make payment of his collections, the Collector's statement shall nevertheless be transmitted to the Receiver at the proper time, with the word " Nil " written thereon.
A Collector who is also a Receiver shall not, without the Treasurer's special authority, make payments to a Bank to a Collector's Receipts Account. The Collector's Statement in Form 1 shall, however be prepared, and the money shall be dealt with by him in the capacity of Receiver in exactly the same manner as moneys received from other Collectors.
The Treasurer shall furnish the Minister of the Department of Trade and Customs with a list of the Banks into which Collectors shall pay their collections, and the periods at which they shall pay to Receivers. When any Collector is appointed the Chief Officer of the Department shall give directions to him accordingly, and shall advise the Bank and Auditor-General of the appointment and cause the Bank to be furnished with a specimen of the Collector's signature.
All moneys payable into the Commonwealth Public Account and received in any State by any officer of the Department of Defence or Postmaster-General shall be paid to the Receiver of that Department in that State. But such moneys received for any Department in the Northern Territory of the State of South Australia shall be paid to the Receiver appointed for the Department in that Territory.
The Treasurer shall appoint for each Receiver the Bank into which, on every day on which it is open, such Receiver shall pay to the credit of " the Commonwealth Public Account " all moneys which on or before that day have come into his possession or control, and which are payable into that account. But moneys received on any day after ordinary banking hours may be paid into that account on the following day.
Before paying in any cheques drawn in favour of the Receiver or order, the Receiver shall indorse such cheques " Credit Commonwealth Public Account, Bank of ."
Whenever a Receiver for the Department of Trade and Customs pays money to the credit of the Commonwealth Public Account, he shall, on the same day, forward to the Sub-Treasury Accountant for the State in which the money has been received an Abstract of Receipts in Form 2, together with the Collector's statements. But the Abstract of Receipts and Collector's Statements for the Northern Territory of the State of South Australia shall be forwarded to the Sub-Treasury Accountant at Palmerston.
Whenever a Receiver, other than a Receiver for the Department of Trade and Customs, pays money to the credit of the Commonwealth Public Account, he shall, on the same day, forward to the Sub-Treasury Accountant for the State in which the money has been received a Receiver's Statement in Form 3. But such Receiver's Statement for the Northern Territory shall be forwarded to the Sub-Treasury Accountant at Palmerston.
An Abstract of Receipts or Receiver's Statement of all moneys paid into the Commonwealth Public Account on the last working day of each financial year shall be delivered on that day by every Receiver to the Sub-Treasury Accountant. If no moneys have been received on that day a Statement shall be delivered, with the word " Nil " written across it.
Every Receiver shall obtain from the Bank an Accountable Receipt in duplicate in Form 4 for every amount paid into the credit of the Commonwealth Public Account. One copy shall be forwarded to the Sub-Treasury Accountant with the Abstract of Receipts or Receiver's Statement, and the other copy shall be filed in the Receiver's Office. On the back of the latter copy shall be entered the details of the deposit—viz., amount of each cheque, notes, gold, &c. These details shall be verified by the Bank Stamp.
The Accountable Receipts for any day shall agree in amount with the total of the Abstract of Receipts or Receiver's Statement.
On receipt of advice that a cheque paid into the Commonwealth Public Account has been dishonoured, the Receiver shall immediately take steps to recover the amount and report to the Chief Officer. Should the amount be recovered within a month after notice of dishonour it shall be paid to the Bank, and not included in the cash-book or any Abstract of Receipts or Receiver's Statement. Should it not be recovered within a month a Transfer Account debiting the head and sub-head of receipt originally credited and crediting Cash Account shall be forwarded to the Sub-Treasury, a note being made in the cash-book against the original entry. Should it be recovered after the Transfer Account has been forwarded, it should be treated as an original payment to the Receiver. A second receipt for the amount of a dishonoured cheque shall not in any case be issued, but, when the amount is recovered after the Transfer Account has been forwarded, a note shall be made in the cash-book stating the reason for the non-issue of the receipt.
Collectors' Statements, Abstracts of Receipts, and Receivers' Statements shall be prepared so as to show—
(a) The total of each Sub-Head of Revenue ;
(b) The totals respectively of each Head of Revenue, Loan, and Trust Fund ;
(c) The totals respectively of Revenue, Loan, and Trust moneys.
(a) Customs ;
(b) Excise ;
(c) Post Office, Telegraph, and Telephone ;
(d) Defence ;
(e) Miscellaneous ;
(f) New Revenue of the Commonwealth.
(g) Such other Heads as shall from time to time be determined by the Treasurer.
The Sub-Heads of Revenue and the Heads of Trust moneys shall be from time to time determined by the Treasurer.
Every Receiver and every Collector shall on or before the tenth day of every month transmit to the Auditor-General for the Commonwealth in Form 5 a Return verified by statutory declaration of all public moneys which have come into the possession or control of such Receiver or Collector during the preceding month. The Return shall not include any moneys which under Clauses 30 and 31 of these Regulations the Collector or Receiver is authorized to retain in his possession or under his control. If no moneys have been received which should be included, the Return shall nevertheless be furnished with the word " Nil " written thereon. A Receiver for the Customs Department shall not include in the Return any moneys received from a Collector. No Public Accountant other than a Receiver or Collector is required to furnish the Return.
A Duplicate of the Return shall at the same time be transmitted to any Deputy appointed by the Auditor-General.
Every Public Accountant who has not received instructions as to the disposal of public moneys received by him shall within the period of one week transmit such moneys to a Receiver in the same State together with a letter explanatory of the circumstances.
Public moneys shall not under any circumstances be lodged in any Bank to a private account or be mixed up with private funds.
The full amount of all moneys received or collected for or on account of the Consolidated Revenue Fund or the Loan Fund shall without any deduction whatever be paid into the Commonwealth Public Account.
Every Receiver shall require from every person tendering repayments particulars in Form 32 or 32a, which shall be attached to his Abstract of Receipts or Receiver's Statement (clauses 15 and 16). Such form shall not be accepted unless countersigned by the Authorizing Officer.
When any moneys have been received for the sale of public property the Collector's Statement or the Receiver's Statement shall be accompanied by account sales and other documents relating to the sale.
When any moneys referred to in section 28, Audit Act 1901, come to the possession or control of any person, such person shall, if a Collector or a Receiver, pay such moneys on the same day to an account called " Collector's Trust Account " or " Receiver's Trust Account," as the case may be, in the bank into which he usually pays his collections, to be thereafter dealt with as directed in section 29, Audit Act 1901, if not paid out to the proper person in the meantime. If not a Collector or Receiver, such person shall immediately apply to the Treasurer for instructions. Unless otherwise directed by the Treasurer, all cheques drawn on a Collector's Trust Account " or " Receiver's Trust Account " shall be countersigned by an officer appointed by the Permanent Head or Chief Officer, who shall advise the Bank accordingly.
Moneys received as Deposits on Tenders, or as Security for the performance of Contracts, shall be dealt with in the same manner as moneys referred to in section 28, Audit Act 1901. The Chief Officer shall be responsible for the custody of all fixed deposit receipts.
When moneys are tendered to a Collector or Receiver, if he is in doubt as to the manner in which they should be credited, or whether they are properly payable to him, or if he observes any irregularity in connexion with them, he may receive the moneys, giving a properly qualified receipt, place the amount in his Statement of Collections to the credit of " Trust Fund—Suspense Account," and take immediate steps to obtain and transmit to the Secretary to the Treasury such further information
as will enable the amount to be transferred in the Treasury books to the proper account.
Licences shall be issued only from books of forms to be supplied for the purpose, and in no case shall an acknowledgment for the money received be given in lieu of any of such licences. Full particulars of the licence issued shall be entered upon the counterpart of the form, and the counterpart shall be initialed by the Officer and submitted for the examination of the Audit Officer when required.
Manuscript receipts or acknowledgments for moneys shall in no case be issued, but printed forms of acknowledgement taken from books of receipt forms issued by the Department shall in every instance be used.
Upon the butt of each receipt full particulars of the money received must be entered, the butt to be initialed by the officer and submitted for examination to the Aulit Officer when required. In cases where it becomes necessary to cancel receipt or licence forms, the cancelled forms shall not be destroyed, but left attached to the butts.
When Duplicate Receipts are required, application shall be made in every instance to the Secretary to the Treasury, who will supply the necessary form. Duplicate receipt-books may be issued on the special authority of the Treasurer.
Receivers, Collectors, and other authorized officers shall obtain all books containing licence forms printed forms of receipt or acknowledgment from Officers appointed by the Ministers of their respective Departments.
Licence Forms and Forms of Receipt as well as the butts thereof shall be numbered in consecutive order so that each Licence Form and Form of Receipt bears the same number as the butt to which it is attached.
Unless specially authorized by the Treasurer, all books containing Licence Forms or Forms of Receipt shall be obtained from the Government Printer, Melbourne. Record shall be kept in each Department of all such forms issued to any Officer, and the Auditor-General shall from time to time, as required by him, be furnished with a list thereof. The Government Printer shall furnish the Auditor-General with a list of all such forms supplied to each Department. All Government Printers authorized to print postage or beer duty stamps shall furnish the Auditor-General with a list of all supplies made.
Every Collector who is not a Receiver and every Receiver who is not a Customs Receiver shall keep a cash-book in Form 6, in which he shall enter daily the amount of his collections, and the disposal thereof. Every Collector who is also a Receiver shall keep a cash-book in which he shall enter particulars of all his collections and the disposal thereof.
Every Receiver in the Department of Trade and Customs shall keep a Receiver's Cash-book in Form 7, in which he shall enter daily on the one side the total amount received by him from each Collector and the total amount of his own collections, and on the other the disposal thereof.
Receivers for the Department of Trade and Customs shall be advised by the Minister of the Department of the names of the Collectors who are to make payments to them, also the periods for which and the dates on or before which payments must be made. Receivers shall report immediately to the Minister every case in which the Collector, on or before the appointed time, has failed either to pay over collections or to furnish the " Nil " statement, also every case in which a Collector of whose appointment he has not been advised makes payment to him.
No special form is necessary for Transfer Accounts for Receipts, but specimen transfer account, Form 7a, should be followed as closely as possible. Al
This is an opening excerpt, not the complete document.