Public Governance, Performance and Accountability Amendment (Corporate Commonwealth Entity Grants) Rules 2025 (Cth)

Public Governance, Performance and Accountability Amendment (Corporate Commonwealth Entity Grants) Rules 2025

I, Katy Gallagher, Minister for Finance, make the following rules.

Dated 7 June 2025

Katy Gallagher

Minister for Finance

Contents

1Name

This instrument is the Public Governance, Performance and Accountability Amendment (Corporate Commonwealth Entity Grants) Rules 2025.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The later of: (a) the day after this instrument is registered; and (b) 1 July 2025.	1 July 2025 (paragraph (b) applies)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Public Governance, Performance and Accountability Act 2013.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Public Governance, Performance and Accountability Rule 2014

1

Section 4

Insert:

CCE grant opportunity means one or more CCE grants of a particular kind to be made by or on behalf of a corporate Commonwealth entity.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

2

Subsection 25B(1)

Repeal the subsection (not including the heading), substitute:

1. (1)

   This section applies in relation to a CCE grant opportunity if a Minister is to approve the making of the CCE grants.

3

Paragraph 25B(2)(a)

Omit “that kind of CCE grant”, substitute “the CCE grant opportunity”.

4

Paragraph 25B(2)(b)

Omit all the words after “GrantConnect,”, substitute “unless the Finance Minister decides that there is a specific policy reason to not publicise the guidelines”.

5

Subsection 25B(3)

Repeal the subsection.

6

Paragraph 25B(4)(a)

Omit “that kind of CCE grant”, substitute “the CCE grant opportunity”.

7

Subparagraph 25B(4)(b)(i)

Omit “that kind of CCE grant”, substitute “the CCE grant opportunity”.

8

Subparagraphs 25B(4)(b)(iii) and (iv)

Omit “that kind of CCE grant”, substitute “the CCE grants”.

9

After subsection 25B(4)

Insert:

Information made publicly available by the entity

1. (4A)

   The accountable authority of the entity must ensure that information about the CCE grant opportunity made publicly available by the entity is the same as, or is a subset of, the information about the CCE grant opportunity published on GrantConnect.

10

Subsection 25B(5)

Repeal the subsection (not including the heading), substitute:

1. (5)

   The accountable authority must, before the Minister referred to in subsection (1) approves the making of any of the CCE grants, give the Minister a written notice that complies with section 25C for the CCE grant opportunity.

11

Subsection 25B(6)

Omit “of that kind”.

12

Paragraph 25B(6)(a)

After “CCE grant”, insert “opportunity”.

13

Paragraph 25B(6)(c)

Repeal the paragraph, substitute:

1. (c)

   if the Minister has a conflict of interest relating to the decision to approve the making of the CCE grant—creating a written record, and making an appropriate declaration, of the conflict of interest.

14

At the end of section 25B

Add:

Minister to record other information

1. (7)

   The Minister must create a written record of:

   1. (a)

      if the Minister approves the making of a CCE grant—the Minister’s reasons for giving the approval; and

   2. (b)

      if the Minister does not approve the making of a CCE grant that the corporate Commonwealth entity recommended be made—the Minister’s reasons for not approving the making of that CCE grant.

15

Section 25C

After “CCE grant” (first occurring), insert “opportunity”.

16

Paragraph 25C(a)

Omit “the CCE grant”, substitute “each of the CCE grants”.

17

Paragraph 25C(b)

Repeal the paragraph, substitute:

1. (b)

   advice on the legal authority for the Minister to approve the making of the CCE grants;

18

Paragraph 25C(d)

Repeal the paragraph, substitute:

1. (d)

   an outline of the process used by the entity to assess applications for the CCE grant opportunity, including an outline of the application process and the criteria used to select potential recipients;

19

Paragraph 25C(e)

Omit “that kind of CCE grant”, substitute “the CCE grant opportunity”.

20

Paragraph 25C(f)

Omit “CCE grant”, substitute “applications for the CCE grant opportunity”.

21

Paragraph 25C(g)

Omit “the CCE grant achieves”, substitute “each application for the CCE grant opportunity would achieve”.

22

Subparagraphs 25C(h)(i) to (iii)

Omit “that kind of CCE grant” (wherever occurring), substitute “the CCE grant opportunity”.

23

Paragraph 25C(i)

Repeal the paragraph, substitute:

1. (i)

   an indication of which of the applications for the CCE grant opportunity that satisfy all or some of the selection criteria included in the guidelines for the CCE grant opportunity can be supported within available funding;

2. (j)

   a recommendation that applications that do not satisfy any of the selection criteria included in the guidelines for the CCE grant opportunity not be approved;

3. (k)

   any other recommendations of the entity regarding the applications for the CCE grant opportunity, including any recommendations relating to factors that may be taken into account under the guidelines for the CCE grant opportunity.

24

Paragraph 25D(1)(a)

Repeal the paragraph, substitute:

1. (a)

   a Minister approves the making of a CCE grant by or on behalf of a corporate Commonwealth entity; and

25

Subsection 25D(2)

Repeal the subsection, substitute:

1. (2)

   The Minister must, as soon as practicable after the approval is given, give a written notice, and a copy of the notice prepared under subsection (4) (if any), to:

   1. (a)

      the following:

      1. (i)

         if the Minister is the Finance Minister—the Prime Minister;

      2. (ii)

         otherwise—the Finance Minister; and

   2. (b)

      the accountable authority of the corporate Commonwealth entity.

26

Subsection 25D(3)

Repeal the subsection, substitute:

1. (3)

   The notice must include the following:

   1. (a)

      details of the CCE grant or a copy of any correspondence between the Minister and the recipient of the CCE grant;

   2. (b)

      the Minister’s reasons for approving the making of the CCE grant.

2. (4)

   The Minister may prepare a copy of the notice with particular information deleted if the Minister decides that publishing that particular information would contravene:

   1. (a)

      the Privacy Act 1988 or another law of the Commonwealth, or of a State or Territory; or

   2. (b)

      any terms or conditions relating to the CCE grant.

3. (5)

   The Finance Minister must, as soon as practicable after the end of the quarter in which the notice is given under subsection (2), cause to be tabled in each House of the Parliament:

   1. (a)

      a copy of the notice; or

   2. (b)

      if a copy of the notice has been prepared under subsection (4)—that copy.

27

Paragraph 25E(1)(b)

Omit “grant; and”, substitute “grant.”.

28

Paragraph 25E(1)(c)

Repeal the paragraph.

29

Subsection 25E(2)

Repeal the subsection, substitute:

1. (2)

   The Minister must, as soon as practicable after the approval is given, give a written notice and a copy of the notice prepared under subsection (4) (if any) to:

   1. (a)

      the following:

      1. (i)

         if the Minister is the Finance Minister—the Prime Minister;

      2. (ii)

         otherwise—the Finance Minister; and

   2. (b)

      the accountable authority of the corporate Commonwealth entity.

30

After paragraph 25E(3)(a)

Insert:

1. (aa)

   a statement to the effect that the approval was given despite the recommendation of the corporate Commonwealth entity; and

31

At the end of section 25E

Add:

1. (4)

   The Minister may prepare a copy of the notice with particular information deleted if the Minister decides that publishing that particular information would contravene:

   1. (a)

      the Privacy Act 1988 or another law of the Commonwealth, or of a State or Territory; or

   2. (b)

      any terms or conditions relating to the CCE grant.

2. (5)

   The Finance Minister must, as soon as practicable after the end of the quarter in which the notice is given under subsection (2), cause to be tabled in each House of the Parliament:

   1. (a)

      a copy of the notice; or

   2. (b)

      if a copy of the notice has been prepared under subsection (4)—that copy.

32

After section 25E

Insert:

25EAPublication requirements for certain CCE grants approved by a Minister

1. (1)

   This section applies if:

   1. (a)

      a Minister approves the making of a CCE grant by or on behalf of a corporate Commonwealth entity; and

   2. (b)

      the Minister has given a written notice to the accountable authority of the corporate Commonwealth entity under subsection 25D(2) or 25E(2) in relation to the CCE grant.

2. (2)

   The accountable authority must publish on GrantConnect as soon as practicable after the notice is given:

   1. (a)

      a copy of the notice; or

   2. (b)

      if a copy of the notice has been prepared under subsection 25D(4) or 25E(4) (as applicable)—that copy.

33

Paragraph 25F(2)(a)

Omit “the following information about the CCE grant on GrantConnect”, substitute “information about the CCE grant on GrantConnect, including the following”.

34

After subparagraph 25F(2)(a)(iv)

Insert:

1. (iva)

   if the guidelines for the CCE grant opportunity were published on GrantConnect—a link to the guidelines;

35

After subsection 25F(2)

Insert:

1. (2A)

   The accountable authority of the corporate Commonwealth entity must publish details of any material variation to the CCE grant on GrantConnect within 21 days after the day on which the variation takes effect.

36

Subsection 25F(3)

Repeal the subsection (not including the note), substitute:

1. (3)

   However, nothing in this section requires the accountable authority to publish particular information about the CCE grant if:

   1. (a)

      the accountable authority or the Minister decides that publishing that particular information would contravene:

      1. (i)

         the Privacy Act 1988 or another law of the Commonwealth, or of a State or Territory; or

      2. (ii)

         any terms or conditions relating to the CCE grant; or

   2. (b)

      the Finance Minister decides that there is a specific policy reason to not publish that particular information.

37

Subsection 25F(3) (note)

After “subsection (2)” (wherever occurring), insert “or (2A)”.

38

Section 25G

Repeal the section, substitute:

25GAdditional record‑keeping requirement where information not published

1. (1)

   If a Minister deletes information from a copy of a notice under subsection 25D(4) or 25E(4), the Minister must record the reasons for the deletion in writing.

2. (2)

   If an accountable authority of a corporate Commonwealth entity, or a Minister, makes a decision under subsection 25F(3), the accountable authority or the Minister, as the case may be, must record the reasons for that decision in writing.

39

In the appropriate position in Chapter 5

Insert:

Part 12—Amendments made by the Public Governance, Performance and Accountability Amendment (Corporate Commonwealth Entity Grants) Rules 2025

43Application of amendments made by the Public Governance, Performance and Accountability Amendment (Corporate Commonwealth Entity Grants) Rules 2025

The amendments of this rule made by the Public Governance, Performance and Accountability Amendment (Corporate Commonwealth Entity Grants) Rules 2025 apply in relation to a CCE grant opportunity if the CCE grants are to be made on or after the commencement of that instrument.