Commonwealth Authorities and Companies Regulations 1997 (Cth)

Commonwealth Authorities and Companies Regulations 1997

Statutory Rules No. 391, 1997 as amended

made under the

Commonwealth Authorities and Companies Act 1997

Compilation start date: 15 June 2013

Includes amendments up to:SLI No. 114, 2013

About this compilation

The compiled instrument

This is a compilation of the Commonwealth Authorities and Companies Regulations 1997 as amended and in force on 15 June 2013. It includes any amendment affecting the compiled instrument to that date.

This compilation was prepared on 9 July 2013.

The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.

Uncommenced provisions and amendments

If a provision of the compiled instrument is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.

Application, saving and transitional provisions for amendments

If the operation of an amendment is affected by an application, saving or transitional provision, the provision is identified in the endnotes.

Modifications

If a provision of the compiled instrument is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled instrument has expired or otherwise ceased to have effect in accordance with a provision of the instrument, details of the provision are set out in the endnotes.

      

Contents

  1Name of regulations

 These regulations are the Commonwealth Authorities and Companies Regulations 1997.

2Commencement

 These Regulations commence on 1 January 1998.

3Interpretation

 In these Regulations, unless the contrary intention appears:

Act means the Commonwealth Authorities and Companies Act 1997.

Commonwealth authority credit card has the meaning given by subsection 28B (4) of the Act.

Commonwealth authority credit voucher has the meaning given by subsection 28B (4) of the Act.

4Government business enterprises (Act s 5)

• (1)

  For the definition of GBE in section 5 of the Act, the authorities mentioned in the following table are prescribed:

Item	Authority	Enabling legislation
1	Australian Government Solicitor	Judiciary Act 1903
2	Australian Postal Corporation	Australian Postal Corporation Act 1989
3	Defence Housing Australia	Defence Housing Australia Act 1987

• (2)

  For the definition of GBE in section 5 of the Act, the companies mentioned in the following table are prescribed:

Item	Company	Australian Company Number
1	ASC Pty Limited	008 605 034
2	Australian Rail Track Corporation Limited	081 455 754
3	Medibank Private Limited	080 890 259
4	Moorebank Intermodal Company Limited	161 635 105
5	NBN Co Limited	136 533 741

• (3)

  If the name of a company mentioned in the table in subregulation (2) is changed, the company, under the new name, is taken to be prescribed.

4AResponsible Minister for Commonwealth companies (Act s 5)

• (1)

  For subparagraph (b) (i) of the definition of responsible Minister in section 5 of the Act, the Finance Minister is prescribed as the Minister responsible for the Commonwealth companies mentioned in the following table:

 

Item	Company	Australian Company Number
1	ASC Pty Limited	008 605 034
2	Australian River Co. Limited	008 654 206
3	Medibank Private Limited	080 890 259

• (2)

  If the name of a company mentioned in the table in subregulation (1) is changed, the company, under the new name, is taken to be prescribed.

5Statutory marketing authorities (Act s 5)

 For the definition of SMA in section 5 of the Act, the Wine Australia Corporation is prescribed.

6Commonwealth authorities incorporated for a public purpose by regulations (Act s 7)

 For paragraph 7 (1) (b) of the Act, the bodies corporate mentioned in the following table are prescribed:

 

Item	Authority	Enabling legislation
1	Army and Air Force Canteen Service Board of Management	Defence Act 1903 and Army and Air Force Canteen Service Regulations 1959
2	Royal Australian Navy Central Canteens Board	Naval Defence Act 1910 and Navy (Canteens) Regulations 1954

6AAACorporate plan for GBE (Act ss 17 and 42)

• (1)

  For subsection 17 (6) of the Act, this regulation sets out matters, details of which must be included in the corporate plan of a Commonwealth authority that is a GBE.

• (2)

  For subsection 42 (6) of the Act, this regulation sets out matters, details of which must be included in the corporate plan of a wholly‑owned Commonwealth company that is a GBE.

• (3)

  The matters are:

  • (a)

    the objectives of the authority or company; and

  • (b)

    assumptions about the business environment in which the authority or company operates; and

  • (c)

    the business strategies of the authority or company; and

  • (d)

    the investment and financing programs of the authority or company, including strategies for managing financial risk; and

  • (e)

    financial targets and projections for the authority or company; and

  • (f)

    the dividend policy of the authority or company; and

  • (g)

    non‑financial performance measures for the authority or company; and

  • (h)

    community service obligations of the authority or company, and the strategies and policies the authority or company is to follow to carry out those obligations; and

  • (i)

    review of performance against previous corporate plans and targets; and

  • (j)

    analysis of factors likely to affect achievement of targets or create significant financial risk for:

    • (i)

      the authority or company; or

    • (ii)

      the Commonwealth; and

  • (k)

    price control and quality control strategies for goods or services supplied by the authority or company under a monopoly; and

  • (l)

    human resource strategies and industrial relations strategies.

6AACommonwealth authority’s credit cards (Act s 28A)

• (1)

  For subsection 28A (2) of the Act, this regulation specifies requirements in relation to a Commonwealth authority’s credit cards.

• (2)

  An agreement between the authority and the person who issues the authority’s credit cards must be in writing.

• (3)

  The holder of the card:

  • (a)

    must take responsibility for the physical security of the card; and

  • (b)

    must not permit the card or the personal identification number for the card to be used for a purpose other than the purpose for which the card is provided.

• (4)

  The directors of the authority may determine the maximum amount that may be borrowed using a card for a person, or particular classes of persons, undertaking duties on behalf of the authority.

• (5)

  The directors of the authority must ensure that the authority:

  • (a)

    establishes and maintains records of the cards; and

  • (b)

    keeps records of transactions for which the cards are used.

  Note: Section 20 of the Act applies to the cards.

• (6)

  The directors of the authority:

  • (a)

    may make guidelines in relation to the cards; and

  • (b)

    must ensure that the guidelines are consistent with the Act and these Regulations.

  Note: This regulation does not apply to a Commonwealth authority if, under the authority’s enabling legislation, the authority has an express power to borrow money (see subsection 28A (3) of the Act).

6ABCommonwealth authority’s credit vouchers (Act s 28A)

• (1)

  For subsection 28A (2) of the Act, this regulation specifies requirements in relation to a Commonwealth authority’s credit vouchers.

• (2)

  An agreement between the authority and the person who issues the authority’s credit vouchers must be in writing.

• (3)

  The holder of the voucher:

  • (a)

    must take responsibility for the physical security of the voucher; and

  • (b)

    must not permit the voucher to be used for a purpose other than the purpose for which the voucher is provided.

• (4)

  The directors of the authority may determine the maximum amount that may be borrowed using a voucher for a person, or particular classes of persons, undertaking duties on behalf of the authority.

• (5)

  The directors of the authority must ensure that the authority:

  • (a)

    establishes and maintains records of vouchers issued by the authority; and

  • (b)

    keeps records of transactions for which vouchers issued by the authority are used.

  Note: Section 20 of the Act applies to the vouchers.

• (6)

  The directors of the authority:

  • (a)

    may make guidelines in relation to the vouchers; and

  • (b)

    must ensure that the guidelines are consistent with the Act and these Regulations.

  Note: This regulation does not apply to a Commonwealth authority if, under the authority’s enabling legislation, the authority has an express power to borrow money (see subsection 28A (3) of the Act).

6ACAuthorisation for use of Commonwealth authority credit cards and credit vouchers (Act s 28A)

• (1)

  For subsection 28A (2) of the Act, the directors of a Commonwealth authority may determine who is authorised to use the authority’s credit cards and credit vouchers.

• (2)

  The directors may decide to delegate the power mentioned in subregulation (1) to a senior manager.

6ADAuthorised expenditure using Commonwealth authority credit cards (Act s 28B)

• (1)

  For subsection 28B (2) of the Act, the directors of a Commonwealth authority may:

  • (a)

    authorise a holder of the authority’s credit card to use the card to pay a claim that includes both official and coincidental private expenditure; and

  • (b)

    specify arrangements for the holder of the card to reimburse the authority for that coincidental private expenditure.

• (2)

  The holder of the card must pay to the authority the amount paid by the authority for the coincidental private expenditure in accordance with the arrangements.

  Note: The amount payable to the authority under this regulation is recoverable as a debt in a court of competent jurisdiction (see subsection 28B (3) of the Act).

6AEAuthorised expenditure using Commonwealth authority credit vouchers (Act s 28B)

• (1)

  For subsection 28B (2) of the Act, the directors of a Commonwealth authority may:

  • (a)

    authorise a person to use the authority’s credit voucher to pay a claim that includes both official and coincidental private expenditure; and

  • (b)

    specify arrangements for the person to reimburse the authority for that coincidental private expenditure.

• (2)

  The person who uses the voucher must pay to the authority the amount paid by the authority for the coincidental private expenditure in accordance with the arrangements.

  Note: The amount payable to the authority under this regulation is recoverable as a debt in a court of competent jurisdiction (see subsection 28B (3) of the Act).

6AAudit committees for Commonwealth authorities (Act s 32)

• (1)

  For subsection 32 (2) of the Act, the audit committee of a Commonwealth authority is to be constituted as follows:

  • (a)

    the chair of the committee must be a person other than:

    • (i)

      the chair of the authority; or

    • (ii)

      an executive director of the authority;

  • (b)

    the committee:

    • (i)

      must be made up of at least 3 persons; and

    • (ii)

      may include only 1 person who is an executive director of the authority; and

    • (iii)

      subject to subregulation (4), must not include senior managers or employees of the authority other than the executive director mentioned in subparagraph (ii).

• (2)

  To avoid doubt, a committee may include persons who are not directors of the authority.

  Note: The chair of the committee may, for example, be a non‑executive director (other than the chair of the authority) or an external appointee of the authority.

• (3)

  The quorum for meetings of the committee is:

  • (a)

    2 persons; or

  • (b)

    if the majority of the committee is greater than 2 persons—that number of persons.

• (4)

  The audit committee of the Australian Government Solicitor (AGS) may include members of the AGS Advisory Board.

  Note: The AGS is established under section 55J of the Judiciary Act 1903. The AGS Advisory Board is established under the corporate governance arrangements that apply to the AGS in accordance with section 55ZE of that Act.

6BAudit committees for wholly‑owned Commonwealth companies (Act s 44)

• (1)

  For subsection 44 (2) of the Act, the audit committee of a wholly‑owned Commonwealth company is to be constituted as follows:

  • (a)

    the chair of the committee must be a person other than:

    • (i)

      the chair of the company; or

    • (ii)

      an executive director of the company;

  • (b)

    the committee:

    • (i)

      must be made up of at least 3 persons; and

    • (ii)

      may include only 1 person who is an executive director of the company; and

    • (iii)

      must not include senior managers or employees of the company other than the executive director mentioned in subparagraph (ii).

• (2)

  To avoid doubt, a committee may include persons who are not directors of the company.

  Note: The chair of the committee may, for example, be a non‑executive director (other than the chair of the company) or an external appointee of the company.

• (3)

  The quorum for meetings of the committee is:

  • (a)

    2 persons; or

  • (b)

    if the majority of the committee is greater than 2 persons—that number of persons.

8Modification of Act for intelligence or security agency (Act s 46)

 In its application to a company conducted for the purposes

of an intelligence or security agency, the Act has effect as if Part 4 (Reporting and other obligations for Commonwealth companies) were omitted.

9Compliance with government procurement requirements (Act s 47A)

• (1)

  For subsection 47A (1) of the Act, the Commonwealth authorities mentioned in Part 1 of Schedule 1, and the wholly‑ owned Commonwealth companies mentioned in Part 2 of Schedule 1, are specified for section 47A of the Act.

• (2)

  If the name of an authority mentioned in Part 1 of Schedule 1 is amended by a regulation, the authority, under the new name, is taken to be prescribed.

• (3)

  If the name of a company mentioned in Part 2 of Schedule 1 is changed, the company, under the new name, is taken to be prescribed.

Schedule 1—Compliance with government procurement requirementsauthorities and companies

(regulation 9)

Part 1Commonwealth authorities 

Item	Commonwealth authority	Enabling legislation
102	Australian Institute of Health and Welfare	Australian Institute of Health and Welfare Act 1987
103	Australian Institute of Marine Science	Australian Institute of Marine Science Act 1972
105	Australian Maritime Safety Authority	Australian Maritime Safety Authority Act 1990
106	Australian National Maritime Museum	Australian National Maritime Museum Act 1990
107	Australian Nuclear Science and Technology Organisation	Australian Nuclear Science and Technology Organisation Act 1987
108	Australian War Memorial	Australian War Memorial Act 1980
109	Comcare	Safety, Rehabilitation and Compensation Act 1988
110	Commonwealth Scientific and Industrial Research Organisation	Science and Industry Research Act 1949
111	Director of National Parks	Environment Protection and Biodiversity Conservation Act 1999
112	Export Finance and Insurance Corporation	Export Finance and Insurance Corporation Act 1991
113	Grains Research and Development Corporation	Primary Industries and Energy Research and Development Act 1989 and Grains Research and Development Corporation Regulations 1990
114	National Gallery of Australia	National Gallery Act 1975
115	National Museum of Australia	National Museum of Australia Act 1980
116	Reserve Bank of Australia	Reserve Bank Act 1959
117	Sydney Harbour Federation Trust	Sydney Harbour Federation Trust Act 2001
118	Tourism Australia	Tourism Australia Act 2004

Part 2Wholly‑owned Commonwealth companies

Item	Wholly‑owned Commonwealth company	Australian Company Number
201	Aged Care Standards and Accreditation Agency Ltd	079 618 652

Endnotes

Endnote 1Legislation history

This endnote sets out details of the legislation history of the Commonwealth Authorities and Companies Regulations 1997.

Number and year	Gazettal or FRLI registration date	Commencement date	Application, saving and transitional provisions
1997 No. 391	24 Dec 1997	1 Jan 1998
1999 No. 46	24 Mar 1999	1 Jan 1998	—
1999 No. 75	19 May 1999	19 May 1999	—
1999 No. 105	17 June 1999	1 July 1999	—
1999 No. 170	1 Sept 1999	1 Sept 1999	—
1999 No. 225	29 Sept 1999	29 Sept 1999	—
2000 No. 83	1 June 2000	29 Nov 1999	—
2001 No. 180	5 July 2001	5 July 2001	—
2002 No. 178	1 Aug 2002	1 Aug 2002	—
2002 No. 226	26 Sept 2002	26 Sept 2002	—
2004 No. 116	11 June 2004	11 June 2004	—
2004 No. 285	1 Sept 2004	1 Sept 2004	—
2005 No. 73	29 Apr 2005 (see F2005L00961)	30 Apr 2005	—
2005 No. 177	10 Aug 2005 (see F2005L02252)	11 Aug 2005	—
2005 No. 207	19 Sept 2005 (see F2005L02673)	1 Oct 2005	—
2005 No. 338	16 Dec 2005 (see F2005L04127)	17 Dec 2005	—
2006 No. 150	28 June 2006 (see F2006L02014)	1 July 2006 (see r. 2)	—
2006 No. 298	20 Nov 2006 (see F2006L03738)	rr. 1–3 and Schedule 1: 21 Nov 2006 r. 4 and Schedule 2: 24 Nov 2006 (see r. 2 (b)) Remainder: 22 Nov 2006 (see r. 2(c))	—
2007 No. 157	25 June 2007 (see F2007L01770)	1 July 2007 (see r. 2)	—
2007 No. 353	19 Oct 2007 (see F2007L04076)	20 Oct 2007	—
2008 No. 69	2 May 2008 (see F2008L01258)	rr. 1–3 and Schedule 1: 3 May 2008 r. 4 and Schedule 2: 1 Jan 2009	—
2008 No. 149	21 July 2008 (see F2008L02604)	22 July 2008	—
2009 No. 5	6 Feb 2009 (see F2009L00250)	7 Feb 2009	—
2009 No. 100	5 June 2009 (see F2009L02154)	rr. 1–3 and Schedule 1: 6 June 2009 Schedule 2: 1 July 2009 (see r. 2(b))	—
2009 No. 192	3 Aug 2009 (see F2009L02981)	4 Aug 2009	—
2009 No. 224	9 Sept 2009 (see F2009L03465)	10 Sept 2009	—
2009 No. 349	15 Dec 2009 (see F2009L04562)	31 Dec 2009	—
2010 No. 293	26 Nov 2010 (see F2010L03096)	27 Nov 2010	—
2011 No. 14	28 Feb 2011 (see F2011L00313)	rr. 1–4 and Schedules 1 and 2: 1 Mar 2011 rr. 5, 6 and Schedules 3 and 4: 1 Mar 2011 (see r. 2 (b) and F2011L00245) rr. 7, 8 and Schedules 5 and 6: 1 July 2011	—
2011 No. 162	1 Sept 2011 (see F2011L01794)	1 Sept 2011	—
114, 2013	14 June 2013 (see F2013L01004)	15 June 2013	—

Endnote 2Amendment history

This endnote sets out the amendment history of the Commonwealth Authorities and Companies Regulations 1997.

ad. = added or inserted

 am. = amended rep. = repealed rs. = repealed and substituted exp. = expired or ceased to have effect

Provision affected

How affected

r. 1........................................

rs. 1999 No. 46

r. 3........................................

am. 2009 No. 100

r. 4........................................

rs. 1999 No. 75

am. 1999 Nos. 170 and 225; 2000 No. 83

rs. 2002 No. 178

am. 2002 No. 226

rs. 2004 Nos. 116 and 285

am. 2005 Nos. 73 and 338; 2006 No. 298; 2009 Nos. 100, 192 and 224; No. 114, 2013

r. 4A.....................................

ad. 1999 No. 75

rs. 1999 No. 225

am. 2002 Nos. 178 and 224

rs. 2004 Nos. 116 and 285

am. 2005 Nos. 73 and 338; 2006 No. 298; 2007 No. 353; 2008 No. 69; 2009 Nos. 5, 100 and 224; 2010 No. 293

Heading to r. 5.......................

am. 2010 No. 293

r. 5........................................

am. 1999 Nos. 75, 105 and 170

rs. 2001 No. 180; 2002 No. 178; 2004 No. 116; 2011 No. 14

Heading to r. 6.......................

rs. 2009 No. 5

am. 2010 No. 293

r. 6........................................

rs. 2007 No. 157

Note to r. 6............................

rep. 2002 No. 226

r. 6AAA................................

ad. 2011 No. 162

Heading to r. 6AA..................

am. 2010 No. 293

r. 6AA...................................

ad. 2009 No. 100

Heading to r. 6AB..................

am. 2010 No. 293

r. 6AB...................................

ad. 2009 No. 100

Heading to r. 6AC..................

am. 2010 No. 293

r. 6AC...................................

ad. 2009 No. 100

Heading to r. 6AD..................

am. 2010 No. 293

r. 6AD...................................

ad. 2009 No. 100

Heading to r. 6AE...................

am. 2010 No. 293

r. 6AE...................................

ad. 2009 No. 100

r. 6A.....................................

ad. 2008 No. 69

am. 2009 No. 5

r. 6B......................................

ad. 2008 No. 69

Heading to r. 7.......................

am. 2010 No. 293

r. 7........................................

am. 2002 No. 178; 2004 No. 116

rep. 2011 No. 14

Heading to r. 8.......................

am. 2010 No. 293

r. 8........................................

ad. 1999 No. 46

am. 2011 No. 14

Heading to r. 9.......................

am. 2010 No. 293

r. 9........................................

ad. 2004 No. 285

Schedule 1

Schedule 1.............................

ad. 2004 No. 285

am. 2005 Nos. 177 and 207; 2006 No. 150; 2007 Nos. 157 and 353; 2008 Nos. 69 and 149; 2009 Nos. 224 and 349; 2011 No. 14

Endnote 3Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4Misdescribed amendments [none]

There are no misdescribed amendments.