Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 .
(1) Each provision of this Act 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.
Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 30 June 2014 |
Schedules 1 to 4 | Immediately after the commencement of section 6 of the | 1 July 2014 |
Schedule 5, Parts 1 and 2 | Immediately after the commencement of section 6 of the | 1 July 2014 |
Schedule 5, Part 3 | The later of:
| 1 July 2014 |
Schedule 5, Parts 4 to 6 | Immediately after the commencement of section 6 of the | 1 July 2014 |
Schedules 6 to 12 | Immediately after the commencement of section 6 of the | 1 July 2014 |
Schedule 13, Part 1 | The later of:
| 1 July 2014 |
Schedule 13, Part 2 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | |
Schedule 13, Part 3 | The later of:
| 1 July 2014 |
Schedule 13, Part 4, Division 1 | Immediately after the commencement of the provision(s) covered by table item 5. However, if Schedule 1 to the | 1 July 2014 |
Schedule 13, Part 4, Division 2 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 October 2014 (paragraph (b) applies) |
Schedule 13, Part 4, Division 3 | The later of:
However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 October 2014 (paragraph (b) applies) |
Schedule 13, Part 5 | Immediately after the commencement of section 6 of the However, if Schedule 3 to the | 1 July 2014 |
Schedule 14 | Immediately after the commencement of section 6 of the | 1 July 2014 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
In this Act:
CAC Act means theCommonwealth Authorities and Companies Act 1997 , as in force immediately before the commencement time.
commencement time means immediately after the commencement of section 6 of the PGPA Act.
FMA Act means theFinancial Management and Accountability Act 1997 , as in force immediately before the commencement time.
PGPA Act means thePublic Governance, Performance and Accountability Act 2013 .
reporting period has the meaning given by the PGPA Act.
Schedule 1 — Application provisions for and amendments of the PGPA Act
Sections 35 and 95 of the PGPA Act (which deal with corporate plans for Commonwealth entities and Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1 July 2015.
Sections 36 and 96 of the PGPA Act (which deal with budget estimates for Commonwealth entities and wholly‑owned Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1 July 2014.
Sections 39 and 40 of the PGPA Act (which deal with annual performance statements for Commonwealth entities) apply in relation to reporting periods for those entities that commence on or after 1 July 2015.
Sections 42 and 43 of the PGPA Act (which deal with annual financial statements for Commonwealth entities) apply in relation to reporting periods for those entities that commence on or after 1 July 2014.
Sections 44 and 99 of the PGPA Act (which deal with audits of financial statements of subsidiaries of Commonwealth entities or Commonwealth companies) apply in relation to reporting periods for those subsidiaries that commence on or after 1 July 2014.
Sections 46 and 97 of the PGPA Act (which deal with annual reports for Commonwealth entities and Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1 July 2014.
Sections 47, 48 and 49 of the PGPA Act (which deal with Australian Government financial reporting) apply in relation to the 2014‑2015 financial year and later financial years.
Section 27 of the PGPA Act (which deals with the duty of officials in relation to the use of their position) applies to uses occurring after the commencement time.
Section 28 of the PGPA Act (which deals with the duty of officials in relation to the use of information) applies to uses by officials occurring after the commencement time of information obtained by the officials before or after that time.
Section 29 of the PGPA Act (which deals with the duty of officials to disclose their interests) applies to interests that arise for officials before or after the commencement time.
Section 30 of the PGPA Act (which deals with termination of appointment) applies to appointments made before or after the commencement time.
Section 55 of the PGPA Act (which deals with amounts received by officials) applies to amounts received after the commencement time.
13
Waiver of amounts and modification of payment terms Section 63 of the PGPA Act (which deals with waiver of amounts owing to the Commonwealth and modification of payment terms) applies to amounts owing to the Commonwealth before or after the commencement time.
Section 64 of the PGPA Act (which deals with setting off amounts owing to or by the Commonwealth) applies to amounts owing to or by the Commonwealth before or after the commencement time.
Sections 66 and 67 of the PGPA Act (which deal with gifts of property) apply to gifts made after the commencement time of property acquired before or after that time.
Sections 68, 69 and 70 of the PGPA Act (which deal with losses of relevant money or relevant property) apply to losses occurring after the commencement time.
17
Ministers to inform Parliament of certain events Section 72 of the PGPA Act (which requires Ministers to inform Parliament of certain events) applies to events occurring after the commencement time.
18
Receipt of amounts by non‑corporate Commonwealth entities Section 74 of the PGPA Act (which deals with amounts received by non‑corporate Commonwealth entities) applies to amounts received after the commencement time.
19
Transfers of functions between non‑corporate Commonwealth entities Section 75 of the PGPA Act (which deals with transfers of functions between non‑corporate Commonwealth entities) applies to determinations made after the commencement time in relation to transfers of functions occurring before or after that time.
20
Payments between non‑corporate Commonwealth entities Section 76 of the PGPA Act (which deals with payments made between non‑corporate Commonwealth entities) applies to payments made after the commencement time.
Section 77 of the PGPA Act (which deals with repayments of amounts received by the Commonwealth) applies to amounts received by the Commonwealth before or after the commencement time.
Section 80 of the PGPA Act (which deals with special accounts) applies to special accounts established before or after the commencement time.
Rules made for the purposes of paragraph 103(c) of the PGPA Act (which deals with recovery of debts) apply to:
(a) debts incurred after the commencement time; and
(b) debts incurred before that time, but only if the recovery of the debt had not been pursued before that time.
Add:
(4) Despite subsection 14(2) of the
Legislative Instruments Act 2003 , the rules may provide in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in instructions given under section 20A of this Act as in force or existing from time to time.
Repeal the guide.
Omit “
the proper use and management of public money, public property and other Commonwealth resources ”, substitute “powers to make commitments to spend money and powers in relation to companies ”.
Omit “
Financial Management and Accountability ”, substitute “Financial Framework (Supplementary Powers) ”.
Insert:
This Act confers on the Commonwealth, in certain circumstances, the powers:
(a) to make arrangements under which relevant money and other CRF money can be spent, or to make grants of financial assistance; and
to form, or otherwise be involved in, companies.
The arrangements, grants, programs and companies (or classes of arrangements or grants) in relation to which the powers are conferred are specified in the regulations.
Add:
In this Act:
accountable authority has the meaning given by thePublic Governance, Performance and Accountability Act 2013 .
Finance Minister means the Minister administering this Act.
Minister includes the President of the Senate or the Speaker of the House of Representatives.
non‑corporate Commonwealth entity has the meaning given by thePublic Governance, Performance and Accountability Act 2013 .
official has the meaning given by thePublic Governance, Performance and Accountability Act 2013 .
other CRF money has the meaning given by thePublic Governance, Performance and Accountability Act 2013 .
relevant money has the meaning given by thePublic Governance, Performance and Accountability Act 2013 .
This Act and the regulations are to be read together with the finance law (within the meaning of the
Public Governance, Performance and Accountability Act 2013 ).
Repeal the Parts.
Repeal the heading, substitute:
Repeal the Divisions.
Repeal the heading.
Repeal the heading, substitute:
Omit “public money”, substitute “relevant money or other CRF money”.
Omit “, subject to compliance with this Act, the regulations, Finance Minister’s Orders, Special Instructions and any other law”.
Add:
Note: The
Public Governance, Performance and Accountability Act 2013 deals with the use and management of public resources (including relevant money and other CRF money).
Omit “a Chief Executive” (first occurring), substitute “an accountable authority of a non‑corporate Commonwealth entity”.
Repeal the notes, substitute:
Note: For the power to delegate, see section 32D.
Omit “a Chief Executive” (first occurring), substitute “an accountable authority of a non‑corporate Commonwealth entity”.
Repeal the notes, substitute:
Note: For the power to delegate, see section 32D.
Repeal the sections, substitute:
Delegation by a Minister
(1) A Minister may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.
Note: An accountable authority may delegate a power delegated under this section (see section 32DA).
(2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.
Delegation by an accountable authority
(3) An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.
(4) In exercising powers under a delegation, the delegate must comply with any directions of the accountable authority concerned.
(1) An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate to an official (the
second delegate ) of any non‑corporate Commonwealth entity powers and functions that have been delegated to the accountable authority by a Minister under section 32D.(2) The power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the Minister.
(3) If the accountable authority is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the accountable authority under section 32D, then:
(a) the accountable authority must give corresponding directions to the second delegate; and
(b) the accountable authority may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.
(4) The second delegate must comply with any directions of the accountable authority.
Section 23 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the power of accountable authorities in relation to arrangements and commitments) does not authorise the accountable authority of a non‑corporate Commonwealth entity to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 32B of this Act.
Repeal the Division.
Repeal the heading.
Repeal the sections.
Repeal the note, substitute:
Note: For the power to delegate, see section 40.
Repeal the subsection.
24
Subsection 39B(5) (definition of Commonwealth company ) Omit “
Commonwealth Authorities and Companies Act 1997 ”, substitute “Public Governance, Performance and Accountability Act 2013 ”.
Add:
(1) The Finance Minister may, by written instrument, delegate to an accountable authority of a non‑corporate Commonwealth entity the Finance Minister’s powers or functions under section 39B.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Finance Minister.
This Part does not, by implication, limit the executive power of the Commonwealth.
Repeal the Parts.
Repeal the heading, substitute:
Repeal the sections.
Omit “(1)”.
Repeal the subsection (including the note).
31
Allocation of certain persons to Departments of State, Departments of the Parliament and prescribed Agencies (1) The following table provides that certain persons are taken to be officials of Commonwealth entities for the purposes of the PGPA Act.
1 | a person who immediately before the commencement time is allocated to a Department of State under paragraph 4(1)(a) of the | the Department of State. |
2 | a person who immediately before the commencement time is allocated to the Department of the Prime Minister and Cabinet under paragraph 4(1)(e) of the | the Department of the Prime Minister and Cabinet. |
3 | a person who immediately before the commencement time is allocated to a Department of the Parliament under subregulation 4(2) of the | the Department of the Parliament. |
4 | any person who performs financial tasks in relation to a prescribed Agency as mentioned in paragraph 5(1)(b) of the | the listed entity that, under this Part, the prescribed Agency is taken to become at the commencement time. |
(2) A person ceases to be taken to be such an official when the person would have ceased to be covered by paragraph 4(1)(a) or (e), 5(1)(b) or subregulation 4(2) of the
Financial Management and Accountability Regulations 1997 .
If:
(a) immediately before the commencement time, a body, organisation or group of persons is a prescribed Agency; and
(b) at the commencement time, there is a listed entity that has the same name as the prescribed Agency;
then the prescribed Agency is taken to become the listed entity at the commencement time.
Despite the repeal of section 6 of the FMA Act (which deals with notional payments and receipts by Agencies), that section, and any other provision of the FMA Act to the extent that it relates to that section, continues to apply after the commencement time in relation to payments made before that time.
34
Agreements with banks about receipt, transmission etc. of public money (1) An agreement made under section 8 of the FMA Act (which deals with agreements with banks about the receipt, transmission etc. of public money) that is in force immediately before the commencement time is taken, after that time, to have been made under, and in accordance with, section 53 of the PGPA Act.
(2) An agreement made under section 8 of the FMA Act with the Reserve Bank of Australia in relation to a central bank account that is in force immediately before the commencement time is taken, after that time, to have been made under, and in accordance with, subsection 53(3) of the PGPA Act.
Despite the repeal of section 10 of the FMA Act (which requires public money to be promptly banked etc.), that section continues to apply after the commencement time in relation to public money received before that time.
36
Establishment of Special Accounts by Finance Minister (1) A determination made under subsection 20(1) of the FMA Act (which deals with the establishment of Special Accounts by the Finance Minister) that is in force immediately before the commencement time is (subject to subitem (2)) taken, after that time, to have been made under subsection 78(1) of the PGPA Act.
(2) Subitem (1) does not apply to the following determinations:
(a) the Financial Management and Accountability (Establishment of SOETM Special Account ‑ FWO) Determination 2012/13;
(b) the Financial Management and Accountability (Establishment of SOETM Special Account ‑ Customs) Determination 2012/14;
(c) the Financial Management and Accountability Determination 2006/74 ‑ Security Deposits Special Account Establishment 2006;
(d) the Financial Management and Accountability (Establishment of Special Account for Department of the House of Representatives) 2011/10;
(e) the Financial Management and Accountability Determination 2005/02 ‑ Australia‑Indonesia Partnership for Reconstruction and Development (Grants) Special Account Determination 2005;
(f) the Financial Management and Accountability (Establishment of Special Account for AusAID) Determination 2011/05;
(g) the Financial Management and Accountability (Local Hospital Networks Special Account) Determination 2013/01;
(h) the Financial Management and Accountability Determination 2009/34 ‑ Joint Australian U.S. Geological and Geophysical Research Station Special Account Establishment 2009;
(i) the Financial Management and Accountability Determination 2008/24 ‑ Indigenous Communities Strategic Investment Program Special Account Establishment 2008.
Despite the repeal of sections 26 and 27 of the FMA Act, those sections continue to apply after the commencement time until the end of 30 June 2015 as if:
(a) a reference to an official were a reference to an official within the meaning of the PGPA Act; and
(b) a reference to public money were a reference to relevant money within the meaning of the PGPA Act; and
(c) a reference to a designated Special Account appropriation were a reference to an appropriation under section 80 of the PGPA Act that relates to:
(i) the COAG Reform Fund established by the
COAG Reform Fund Act 2008 ; or(ii) a special account (within the meaning of the PGPA Act) established by the
Nation‑building Funds Act 2008 .
Despite the repeal of section 30 and subsection 32A(2) of the FMA Act (which deal with repayments to the Commonwealth), those provisions continue to apply after the commencement time in relation to amounts paid by the Commonwealth before that time.
40
Appropriations to take account of recoverable GST Despite the repeal of section 30A and subsection 32A(3) of the FMA Act (which deal with the treatment of appropriations to take account of recoverable GST), those provisions continue to apply after the commencement time in relation to payments that are made before 1 July 2015.
Despite the repeal of section 31 and subsection 32A(4) of the FMA Act (which deal with retaining prescribed receipts), those provisions continue to apply after the commencement time in relation to:
(a) amounts (other than amounts that relate to GST) that are received before that time; and
(b) amounts that relate to GST that are received before 1 July 2015.
42
Regulations made for the purposes of sections 32B and 39B The amendments to sections 32B, 39B and 65 of the FMA Act made by this Schedule do not affect the continuity of any regulations that are in force for the purposes of section 32B or 39B immediately before the commencement time.
(1) A delegation by a Minister under subsection 32D(1) of the FMA Act that is in force immediately before the commencement time is taken, after that time, to have been made under subsection 32D(1) of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).Note: The FMA Act is renamed the
Financial Framework (Supplementary Powers) Act 1997 by Part 1 of this Schedule.(2) A direction given by a Minister for the purposes of subsection 32D(2) of the FMA Act that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32D(2) of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).
44
Finance Minister may approve act of grace payments An authorisation given under section 33 of the FMA Act (which deals with the Finance Minister approving act of grace payments) that is in force immediately before the commencement time is taken, after that time, to have been given under, and in accordance with, section 65 of the PGPA Act.
An agreement made under section 38 of the FMA Act (which deals with the Finance Minister borrowing for short periods) that is in force immediately before the commencement time is taken, after that time, to have been made under, and in accordance with, section 56 of the PGPA Act.
Public money that, immediately before the commencement time, is invested under section 39 of the FMA Act (which deals with the investment of public money) is taken, after that time, to be invested under, and in accordance with, section 58 of the PGPA Act.
47
Minister must inform Parliament of involvement in a company by the Commonwealth or a prescribed body Despite the repeal of section 39A of the FMA Act (which deals with the requirement to inform Parliament of the Commonwealth’s or a prescribed body’s involvement in a company), that section continues to apply after the commencement time in relation to events that occur before that time.
An approval for the making of a gift that is in force under paragraph 43(b) of the FMA Act (which deals with gifts of public property) immediately before the commencement time is taken, after that time, to be a written authorisation by the Finance Minister as referred to in subparagraph 66(b)(ii) of the PGPA Act.
An arrangement made under section 44 of the FMA Act (which deals with promoting the proper use of Commonwealth resources) that is in force immediately before the commencement time is taken, after that time, to have been made under section 23 of the PGPA Act.
50
Keeping responsible Minister and Finance Minister informed Despite the repeal of section 44A of the FMA Act (which deals with keeping the responsible Minister and Finance Minister informed), that section continues to apply after the commencement time in relation to a requirement to provide reports, documents or information made under that section before that time.
Despite the repeal of section 47 of the FMA Act (which deals with the recovery of debts), that section continues to apply after the commencement time in relation to any debt that a Chief Executive had begun to pursue under that section before that time.
Despite the repeal of section 48 of the FMA Act (which deals with accounts and records), that section continues to apply after the commencement time in relation to accounts and records to which that section applies immediately before the commencement time.
Despite the repeal of the following provisions of the FMA Act, those provisions continue to apply after the commencement time in relation to the last financial year that ends before the commencement time:
(a) section 49 (which deals with annual financial statements);
(b) section 51 (which deals with reporting requirements if an Agency ceases to exist or Agency functions are transferred);
(c) section 55 (which deals with the preparation of annual financial statements by the Finance Minister);
(d) section 56 (which deals with auditing the Finance Minister’s annual financial statements);
(e) section 57 (which deals with auditing the annual financial statements of an Agency).
Despite the repeal of section 50 of the FMA Act (which deals with additional financial statements), that section continues to apply after the commencement time in relation to financial statements required under that section before that time.
Delegation of Chief Executive’s powers (1) A delegation, under section 53 of the FMA Act, by a Chief Executive of an Agency of his or her powers under section 32B or 32C of that Act (but not powers of a Minister that have been delegated to the Chief Executive) that is in force immediately before the commencement time is taken, after that time, to be a delegation by an accountable authority of a non‑corporate Commonwealth entity under subsection 32D(3) of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).Note: The FMA Act is renamed the
Financial Framework (Supplementary Powers) Act 1997 by Part 1 of this Schedule.(2) A direction given by a Chief Executive of an Agency for the purposes of a delegation referred to in subitem (1) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32D(4) of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).
Subdelegation of Finance Minister’s powers by Chief Executive (3) A delegation, under section 53 of the FMA Act, by a Chief Executive of an Agency of the Finance Minister’s powers or functions under section 32B or 32C of that Act that is in force immediately before the commencement time is taken, after that time, to be a delegation by an accountable authority of a non‑corporate Commonwealth entity under subsection 32DA(1) of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).(4) A direction given by a Chief Executive of an Agency for the purposes of a delegation referred to in subitem (3) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32DA(3) of
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).
56
Requirement to publish monthly financial statements Despite the repeal of section 54 of the FMA Act (which deals with monthly financial statements), that section continues to apply after the commencement time in relation to the last month that ends immediately before that time.
57
Modified operation of Act and relevant regulations Despite the repeal of section 58 of the FMA Act (which deals with the modification of the FMA Act for intelligence or security agencies or prescribed law enforcement agencies), the following continue to apply after the commencement time in relation to the last financial year that ends before that time:
(a) section 58 of the FMA Act;
(b) any other section of the Act to the extent that it relates to that section or regulations made for the purposes of that section.
Note: Division 2 of this Part continues the operation of regulations made for the purposes of section 58 of the FMA Act. Those regulations modify the operation of certain parts of the FMA Act.
Delegation of powers under section 32B or 32C of the FMA Act (1) A delegation, under section 62 of the FMA Act, by the Finance Minister of the Finance Minister’s powers or functions under section 32B or 32C of that Act that is in force immediately before the commencement time is taken, after that time, to have been made under subsection 32D(1) of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).Note: The FMA Act is renamed the
Financial Framework (Supplementary Powers) Act 1997 by Part 1 of this Schedule.(2) A direction given by the Finance Minister for the purposes of a delegation referred to in subitem (1) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32D(2) of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).
Delegation of powers under section 39B of the FMA Act (3) A delegation, under section 62 of the FMA Act, by the Finance Minister of the Finance Minister’s powers or functions under section 39B of that Act that is in force immediately before the commencement time is taken, after that time, to have been made under section 40 of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).(4) A direction given by the Finance Minister for the purposes of a delegation referred to in subitem (3) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of section 40 of the
Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule).
The amendments to section 65 of the FMA Act made by this Schedule do not affect the continuity of the Commonwealth Cleaning Services Guidelines 2012, as in force immediately before the commencement time.
An approval that, immediately before the commencement time, is in force for the purposes of regulation 9 of regulations made under the FMA Act is taken, after that time, to have been given for the purposes of, and in accordance with, rules made for the purposes of section 52 of the PGPA Act.
(1) This item applies if:
(a) an item of this Part continues the operation of a provision of the FMA Act; and
(b) regulations or any other instrument are in force immediately before the commencement time for the purposes of the provision.
(2) The regulations or other instrument are taken, after the commencement time, to continue in force for the purposes of the item.
Repeal the Act.
(1) Despite the repeal of the provisions of the CAC Act referred to in subitem (1A), those provisions continue to apply after the commencement time in relation to reporting periods that:
(a) commenced before 1 July 2014; and
(b) either:
(i) ended on 30 June 2014; or
(ii) had not ended on 30 June 2014.
(1A) For subitem (1), the provisions of the CAC Act are as follows:
(a) section 9 (which deals with directors preparing annual reports);
(b) section 10 (which deals with modified requirements for a Commonwealth authority’s first year of existence);
(c) section 12 (which deals with auditing a relevant subsidiary’s financial statements);
(d) section 14 (which deals with estimates);
(e) section 36 (which deals with annual reports for Commonwealth companies);
(f) section 37 (which deals with auditing relevant subsidiary’s financial statements);
(g) section 39 (which deals with estimates);
(h) Schedule 1 (which deals with annual report for Commonwealth authorities).
(2) Despite the repeal of section 11 of the CAC Act (which deals with the contravention of annual report rules by directors), that section continues to apply after the commencement time in relation to a contravention of a reporting rule that occurs after that time.
3
Responsible Minister to be notified of significant events Despite the repeal of sections 15 and 40 of the CAC Act (which deal with notifying the responsible Minister of significant events), those sections continue to apply after the commencement time in relation to decisions made before that time.
4
Keeping responsible Minister and Finance Minister informed Despite the repeal of sections 16 and 41 of the CAC Act (which deal with keeping the responsible Minister and Finance Minister informed), those sections continue to apply after the commencement time in relation to:
(a) operations that occur before that time; and
(b) requirements to provide reports, documents or information made before that time.
Despite the repeal of sections 17 and 42 of the CAC Act (which deal with corporate plans for GBEs), those sections continue to apply after the commencement time in relation to the first reporting period that commences at or after that time.
(1) Despite the repeal of subsections 18(2) and 19(2) of the CAC Act (which deal with banking and investment), those subsections continue to apply after the commencement time in relation to money received before that time.
(2) Surplus money that, immediately before the commencement time, is invested under section 18 or 19 of the CAC Act (which deals with banking and investment) is taken, after that time, to be relevant money invested under, and in accordance with, section 59 of the PGPA Act.
(3) An approval that is in force immediately before the commencement time under paragraph 18(3)(d) of the CAC Act is taken, after that time, to be a written authorisation given under subparagraph 59(1)(b)(iii) of the PGPA Act.
Despite the repeal of section 20 of the CAC Act (which deals with accounting records), that section continues to apply after the commencement time in relation to accounting records to which that section applies immediately before the commencement time.
Despite the repeal of section 24 of the CAC Act (which deals with the use of position), that section continues to apply after the commencement time in relation to an officer or employee of a Commonwealth authority who, before that time, uses his or her position to gain an advantage, or cause a detriment (even if the advantage is not gained or the detriment is not caused until after the commencement time).
Despite the repeal of section 25 of the CAC Act (which deals with the use of information), that section continues to apply after the commencement time in relation to a person who, before that time, uses information to gain an advantage, or cause a detriment (even if the advantage is not gained or the detriment is not caused until after the commencement time).
10
Disqualification order for contravention of civil penalty provision Despite the repeal of section 27C of the CAC Act (which deals with disqualification orders for contraventions of civil penalty provisions), that section continues to apply after the commencement time in relation to orders that are in force under that section immediately before that time.
11
Director may give other directors standing notice about an interest A notice given under section 27F or 27G of the CAC Act (which deals with directors giving notice about interests) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of section 29 of the PGPA Act.
Despite the repeal of section 27L of the CAC Act (which deals with the right of access to authority’s books), that section continues to apply after the commencement time in relation to books to which that section applies immediately before that time.
Despite the repeal of section 27M of the CAC Act (which deals with the indemnification and exemption of officers), that section continues to apply after the commencement time in relation to indemnifications that are in force immediately before that time.
Despite the repeal of section 27N of the CAC Act (which deals with insurance for certain liabilities of officers), that section continues to apply after the commencement time in relation to contracts for insurance that are in force under that section immediately before that time.
Notifications that, immediately before the commencement time, are in force as a result of subitem 71(2) or 72(2) of Schedule 1 to the
Commonwealth Authorities and Companies Amendment Act 2008 (which deal with section 28 and 43 notifications) cease to be in force at the commencement time.
(1) This item applies if:
(a) an item of this Part continues the operation of a provision of the CAC Act; and
(b) regulations or any other instrument are in force immediately before the commencement time for the purposes of the provision.
(2) The regulations or other instrument are taken, after that time, to continue in force for the purposes of the item.
Repeal the heading.
2
Readers guide (paragraphs under the heading “Related legislation”) Repeal the paragraphs.
Omit “(1)”.
Insert:
accountable authority , of a Commonwealth entity, has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
Repeal the definition.
Repeal the definition.
7
Subsection 5(1) (definition of Commonwealth authority ) Repeal the definition.
8
Subsection 5(1) (definition of Commonwealth company ) Omit “
Commonwealth Authorities and Companies Act 1997 ”, substitute “Public Governance, Performance and Accountability Act 2013 ”.
Insert:
Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
Insert:
corporate Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
Repeal the definition, substitute:
director , of a Commonwealth company, has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
12
Subsection 5(1) (definition of Finance Minister ) Omit “
Financial Management and Accountability Act 1997 ”, substitute “Public Governance, Performance and Accountability Act 2013 ”.
Repeal the definition.
14
Subsection 5(1) (definition of GBE or government business enterprise ) Omit “
Commonwealth Authorities and Companies Act 1997 ”, substitute “Public Governance, Performance and Accountability Act 2013 ”.
Insert:
non‑corporate Commonwealth entity has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
Repeal the definition.
Insert:
official , of a Commonwealth entity, has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
18
Subsection 5(1) (definition of responsible Minister ) Repeal the definition, substitute:
responsible Minister :
(a) in relation to a Commonwealth entity or a Commonwealth company—has the same meaning as in the
Public Governance, Performance and Accountability Act 2013 ; and(b) in relation to a Commonwealth partner—means the Minister responsible for achieving the Commonwealth purpose concerned; and
(c) in relation to a subsidiary of a corporate Commonwealth entity or a Commonwealth company—the responsible Minister for the entity or company concerned.
Repeal the definition.
Repeal the definition, substitute:
subsidiary , of a corporate Commonwealth entity or a Commonwealth company, has the same meaning as in thePublic Governance, Performance and Accountability Act 2013 .
21
Subsection 5(1) (definition of wholly owned Commonwealth company ) Repeal the definition, substitute:
wholly‑owned Commonwealth company has the same meaning as in thePublic Governance, Performance and Accountability Act 2013.
Repeal the subsection.
Repeal the heading, substitute:
Repeal the sections, substitute:
The Auditor‑General’s functions include auditing the:
(a) annual financial statements of Commonwealth entities in accordance with the
Public Governance, Performance and Accountability Act 2013 ; and(b) annual financial statements of Commonwealth companies in accordance with that Act; and
(c) annual financial statements of subsidiaries of corporate Commonwealth entities and Commonwealth companies in accordance with that Act.
The Auditor‑General’s functions include auditing the annual consolidated financial statements in accordance with the
Public Governance, Performance and Accountability Act 2013 .
(1) A person or body (other than a non‑corporate Commonwealth entity) whose annual financial statements are audited as mentioned in:
(a) section 11 of this Act; or
(b) subsection 30(3) of the
Governance of Australian Government Superannuation Schemes Act 2011 ;is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.
(2) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.
(3) Unpaid fees:
(a) are a debt due to the Commonwealth; and
(b) may be recovered by the Auditor‑General, on behalf of the Commonwealth, by action in a court of competent jurisdiction.
(4) In the annual report prepared by the Auditor‑General and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the period.
Insert:
The Auditor‑General’s functions include auditing annual performance statements of Commonwealth entities in accordance with the
Public Governance, Performance and Accountability Act 2013 .
(1) A corporate Commonwealth entity whose annual performance statements are audited as mentioned in section 15 is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.
(2) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.
(3) Unpaid fees:
(a) are a debt due to the Commonwealth; and
(b) may be recovered by the Auditor‑General, on behalf of the Commonwealth, by action in a court of competent jurisdiction.
(4) In the annual report prepared by the Auditor‑General and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during the period.
Repeal the sections, substitute:
(1) The Auditor‑General may at any time conduct a performance audit of:
(a) a Commonwealth entity; or
(b) a Commonwealth company; or
(c) a subsidiary of a corporate Commonwealth entity or a Commonwealth company.
(2) However, the Auditor‑General may only conduct such an audit on request by the Joint Committee of Public Accounts and Audit if the audit is of:
(a) a corporate Commonwealth entity that is a GBE, or of any of its subsidiaries; or
(b) a wholly‑owned Commonwealth company that is a GBE, or any of its subsidiaries.
(3) Nothing prevents the Auditor‑General from asking the Joint Committee of Public Accounts and Audit to make a particular request under subsection (2).
(4) As soon as practicable after completing the report on an audit under this section, the Auditor‑General must:
(a) cause a copy of the report to be tabled in each House of the Parliament; and
(b) give a copy of the report to the responsible Minister; and
(c) give a copy of the report:
(i) if the audit is of a Commonwealth entity—to an official who is, or is a member of, the accountable authority of the entity; or
(ii) if the audit is of a Commonwealth company—to a director of the company; or
(iii) if the audit is of a subsidiary of a corporate Commonwealth entity or Commonwealth company—to a person who is, or is a member of, the governing body of the subsidiary; and
(d) to the extent that the report relates to the operations of a Commonwealth partner—give a copy of the report to a person who is, or is a member of, the governing body of the Commonwealth partner.
(5) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.
(6) For the purposes of this section, a Commonwealth entity is taken not to include any persons who are:
(a) employed or engaged under the
Members of Parliament (Staff) Act 1984 ; and(b) prescribed by an Act or rules made for the purposes of the definition of
Department of State orParliamentary Department in section 8 of thePublic Governance, Performance and Accountability Act 2013 in relation to the entity.
Omit “Agency”, substitute “Commonwealth entity”.
Repeal the paragraphs, substitute:
(d) to the extent that the report relates to the operations of a Commonwealth entity—give a copy of the report to a person who is, or is a member of, the accountable authority of the entity; and
(e) to the extent that the report relates to the operations of a Commonwealth company—give a copy of the report to a director of the company; and
(f) to the extent that the report relates to the operations of a subsidiary of a corporate Commonwealth entity or a Commonwealth company—give a copy of the report to a person who is, or is a member of, the governing body of the subsidiary; and
Repeal the paragraph, substitute:
(h) to the extent that the report relates to the operations of a Commonwealth partner—give a copy of the report to a person who is, or is a member of, the governing body of the Commonwealth partner.
30
Subsection 18(4) (definition of Commonwealth public sector ) Omit “Agencies, Commonwealth authorities”, substitute “non‑corporate Commonwealth entities, corporate Commonwealth entities”.
Repeal the section, substitute:
(1) The Auditor‑General may at any time conduct an audit of:
(a) the appropriateness of the performance measures (however described) of:
(i) a Commonwealth entity; or
(ii) a Commonwealth company; or
(iii) a subsidiary of a corporate Commonwealth entity or a Commonwealth company; and
(b) reporting by the entity, company or subsidiary against those measures.
(2) However, the Auditor‑General may only conduct such an audit on request by the Joint Committee of Public Accounts and Audit if the audit is of:
(a) a corporate Commonwealth entity that is a GBE, or of any of its subsidiaries; or
(b) a wholly‑owned Commonwealth company that is a GBE, or of any of its subsidiaries.
(3) Nothing prevents the Auditor‑General from asking the Joint Committee of Public Accounts and Audit to make a particular request under subsection (2).
(4) As soon as practicable after completing the report on an audit under this section, the Auditor‑General must:
(a) cause a copy of the report to be tabled in each House of the Parliament; and
(b) give a copy of the report to the responsible Minister; and
(c) give a copy of the report:
(i) if the audit is of a Commonwealth entity—to an official who is, or is a member of, the accountable authority of the entity; or
(ii) if the audit is of a Commonwealth company—to a director of the company; or
(iii) if the audit is of a subsidiary of a corporate Commonwealth entity or Commonwealth company—to a person who is, or is a member of, the governing body of the subsidiary.
(5) Subsection (4) does not apply if the report is, or is to be, included in the annual report of the Commonwealth entity or Commonwealth company.
(6) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.
Omit “15, 16,”.
Repeal the paragraph, substitute:
(c) give a copy of the report to a person who is, or is a member of, the governing body of the Commonwealth partner.
Omit “15, 16,”.
Repeal the section, substitute:
(1) After preparing a proposed report on an audit of a Commonwealth entity under paragraph 17(1)(a), the Auditor‑General must:
(a) give a copy of the proposed report to an official who is, or is a member of, the accountable authority of the entity; and
(b) to the extent that the proposed report relates to the operations of a Commonwealth partner—give a person who is, or is a member of, the governing body of the Commonwealth partner:
(i) a copy of the proposed report; or
(ii) extracts of the parts of the proposed report that deal with the audit of the Commonwealth partner; or
(iii) extracts of the proposed report that include the parts of the proposed report that deal with the audit of the Commonwealth partner.
(2) After preparing a proposed report on an audit of a body under paragraph 17(1)(b) or (c), the Auditor‑General must:
(a) give a copy of the proposed report to:
(i) if the audit is of a Commonwealth company—to a director of the company; or
(ii) if the audit is of a subsidiary of a corporate Commonwealth entity or Commonwealth company—to a person who is, or is a member of, the governing body of the subsidiary; and
(b) to the extent that the proposed report relates to the operations of a Commonwealth partner—give a person who is, or is a member of, the governing body of the Commonwealth partner:
(i) a copy of the proposed report; or
(ii) extracts of the parts of the proposed report that deal with the audit of the Commonwealth partner; or
(iii) extracts of the proposed report that include the parts of the proposed report that deal with the audit of the Commonwealth partner.
(3) After preparing a proposed report under section 18A on an audit of the performance measures of a body and the body’s reporting against those measures, the Auditor‑General must give a copy of the proposed report to:
(a) if the audit is of a Commonwealth entity—to an official who is, or is a member of, the accountable authority of the entity; or
(b) if the audit is of a Commonwealth company—to a director of the company; or
(c) if the audit is of a subsidiary of a corporate Commonwealth entity or Commonwealth company—to a person who is, or is a member of, the governing body of the subsidiary.
(4) After preparing a proposed report on an audit of a Commonwealth partner under section 18B, the Auditor‑General must give a copy of the proposed report to a person who is, or is a member of, the governing body of the Commonwealth partner.
(5) Subsection (4) does not apply if:
(a) the proposed report is included, or is to be included, in the proposed report on an audit under section 17; or
(b) the audit of the Commonwealth partner was conducted as part of an audit under section 18.
(6) After preparing a proposed report on an audit under section 17, 18, 18A or 18B, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including a Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.
(7) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General as follows, the Auditor‑General must consider those comments before preparing a final report:
(a) in the case of a proposed report on an audit under section 18A (audit of performance measures)—within 14 days after receiving the proposed report, or the extract from the proposed report;
(b) otherwise—within 28 days after receiving the proposed report, or the extract from the proposed report.
(8) The Auditor‑General must, in the final report, include all written comments received under subsection (7).
Repeal the subsections, substitute:
(1) The Auditor‑General may at any time conduct an assurance review of:
(a) a Commonwealth entity; or
(b) a Commonwealth company; or
(c) a subsidiary of a corporate Commonwealth entity or a Commonwealth company.
(2) However, the Auditor‑General may only conduct such an assurance review on request by the Joint Committee of Public Accounts and Audit if the review is of:
(a) a corporate Commonwealth entity that is a GBE, or of any of its subsidiaries; or
(b) a wholly‑owned Commonwealth company that is a GBE, or of any of its subsidiaries.
Omit “Commonwealth authority”, substitute “corporate Commonwealth entity”.
Omit “as defined in section 34 of the
Commonwealth Authorities and Companies Act 1997 ”, substitute “within the meaning of subsection 89(2) of thePublic Governance, Performance and Accountability Act 2013 ”.
After “1,”, insert “1A,”.
Omit “section 56 of the
Financial Management and Accountability Act 1997 ”, substitute “section 49 of thePublic Governance, Performance and Accountability Act 2013 ”.
Repeal the section.
Omit “an FMA official”, substitute “an official of a non‑corporate Commonwealth entity”.
43
Subsection 32(5) (definition of authorised official ) Omit “an FMA official”, substitute “an official of a non‑corporate Commonwealth entity”.
Omit “Commonwealth authority”, substitute “corporate Commonwealth entity”.
Add:
Note: Paragraph (1)(a) does not expressly refer to non‑corporate Commonwealth entities because these entities are legally part of the Commonwealth.
46
Subsection 33(4) (definition of authorised official ) Omit “an FMA official”, substitute “an official of a non‑corporate Commonwealth entity”.
Repeal the section, substitute:
(1) After preparing the annual financial statements for the Audit Office under section 42 of the
Public Governance, Performance and Accountability Act 2013 , the Auditor‑General must give the statements to the Independent Auditor.(2) The Independent Auditor must audit the statements in accordance with section 43 of that Act.
(3) For these purposes, references in sections 42 and 43 of that Act to the Auditor‑General are taken to be references to the Independent Auditor.
Repeal the section, substitute:
(1) There is payable to the Audit Office such money as is appropriated by the Parliament for the purposes of the Audit Office.
(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Audit Office.
(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
(4) A provision of an Appropriation Act that authorises the Finance Minister to determine that a departmental item of a Commonwealth entity is to be reduced does not apply in relation to a departmental item of the Audit Office.
(5) A provision of an Appropriation Act that has the effect of reducing an administered item of a Commonwealth entity does not apply in relation to an administered item of the Audit Office.
Repeal the heading, substitute:
Repeal the subsection, substitute:
(1) This section applies to a requirement under paragraph 19(1)(b) of the
Public Governance, Performance and Accountability Act 2013 for the Auditor‑General to give the Minister or the Finance Minister reports, documents or information.Note: Section 19 of the
Public Governance, Performance and Accountability Act 2013 deals with the duty of the accountable authority of a Commonwealth entity to keep the responsible Minister and Finance Minister informed in relation to the activities of the entity and any of its subsidiaries.
Omit “The”, substitute “The Minister or the”
Repeal the subsection, substitute:
(4) The requirement must be disclosed in the annual report prepared by the Auditor‑General and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for the period.
Add:
(7) Section 30 of the
Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Auditor‑General.
Repeal the subsection, substitute:
(5) In the annual report prepared by the Auditor‑General and given to the responsible Minister (within the meaning of the
Public Governance, Performance and Accountability Act 2013 ) under section 46 of that Act for a period, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during that period.
Omit “Commonwealth authority”, substitute “corporate Commonwealth entity”.
Insert:
(ka) to consider the level of fees determined by the Auditor‑General under subsection 16(1) of the
Auditor‑General Act 1997 ; and
(1) The amendments made by items 23, 24, 47 and 54 of this Schedule apply, subject to subitem (2), in relation to audits of annual financial statements for reporting periods that commence at or after the commencement time.
(2) Section 14 of the
Auditor‑General Act 1997 (as inserted by this Schedule) does not apply in relation to a corporate Commonwealth entity that was, immediately before the commencement time, an Agency within the meaning of the FMA Act.
The amendments made by items 25 and 39 of this Schedule apply in relation to audits of annual performance statements for reporting periods that commence on or after 1 July 2015.
The amendments made by items 26 to 36 of this Schedule apply in relation to performance audits and assurance reviews:
(a) that were commenced, but have not been completed, before the commencement time; or
(b) that commence at or after the commencement time.
The amendment of paragraph 24(c) of the
Auditor‑General Act 1997 made by this Schedule applies in relation to audits for reporting periods that commence at or after the commencement time.
Despite the repeal of section 28 of the
Auditor‑General Act 1997 by this Schedule, that section as in force immediately before the commencement time continues to apply after that time in relation to the last financial year that ends before that time.
The amendments of section 29 and subsections 32(5) and 33(4) of the
Auditor‑General Act 1997 made by this Schedule do not affect the continuity of any delegation or authorisation that is in force under those provisions immediately before the commencement time.
Section 50 of the
Auditor‑General Act 1997 as inserted by this Schedule applies in relation to appropriations for the 2014‑15 financial year and later financial years.
64
Requirements to provide reports, documents or information The amendments of section 54 of the
Auditor‑General Act 1997 made by this Schedule apply in relation to any requirement made after the commencement time to provide reports, documents or information.
Repeal the Division, substitute:
The ACMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
Note: The Chair may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the heading, substitute:
Repeal the Division.
Insert:
(1) Proceedings brought by the Commonwealth in relation to the functions or powers of the ACMA may be brought in the name of the ACMA.
Note: This subsection does not authorise ACMA to bring proceedings against the Commonwealth: see also subsection 62B(2).
(2) Proceedings brought against the Commonwealth in relation to the functions or powers of the ACMA may be brought against the Commonwealth in the name of the ACMA.
(1) The fact that the ACMA does not have a legal identity separate from the Commonwealth does not affect the performance of the ACMA’s functions in making, or the exercise of the ACMA’s powers to make, decisions relating to:
(a) the Commonwealth; or
(b) any authority of the Commonwealth that is not a body corporate.
(2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority.
Before “An”, insert “(1)”.
Add:
Note: The Authority does not have a legal identity separate from the Commonwealth.
(2) The Authority consists of:
(a) the CEO; and
(b) the Commission; and
(c) the AFMA staff members.
Omit “(1)”.
Add:
Note: The CEO may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the subsections.
Repeal the sections.
Omit “, by writing under the seal of the Authority,”, substitute “, in writing,”.
Repeal the section.
Add:
(1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.
(2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.
Repeal the subsection, substitute:
(1) The Authority may do all things that are necessary or convenient to be done for or in connection with the performance of its functions.
Note: The Chairperson may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the subsections.
Repeal the section.
Repeal the section.
Omit “, by writing under its common seal,”, substitute “, in writing,”.
Repeal the Division.
Repeal the heading, substitute:
Omit “or the Authority”.
Omit “or to the Authority”.
Omit “or to the Authority, as the case requires,”.
Omit “or the Authority”.
Omit “or to the Authority, as the case requires,”.
Omit “or the Authority” (last occurring).
Omit “or to the Authority, as the case requires,”.
Omit “or the Authority”.
Omit “or to the Authority, as the case requires,”.
Omit “or the Authority, as the case requires”.
Omit “or the Authority, as the case requires,”.
Omit “or the Authority, as the case requires”.
Insert:
(1) Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.
(2) Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.
34
Subsection 6(1) (definition of Finance Minister ) Repeal the definition.
35
Subsection 6(1) (definition of NEPC Service Corporation ) Repeal the definition.
36
Subsection 6(1) (definition of Service Corporation ) Repeal the definition.
Omit “Service Corporation”, substitute “NEPC Executive Officer”.
Repeal the heading, substitute:
Repeal the Division.
Repeal the heading.
Repeal the section, substitute:
The functions of the NEPC Executive Officer are:
(a) to provide assistance and support to the Council, the NEPC Committee and any other committee established under section 33; and
(b) to provide assistance and support to other Ministerial Councils as directed by the Council; and
(c) to do anything incidental or conducive to the performance of the function referred to in paragraph (a) or (b).
Omit “conduct of the affairs of the Service Corporation”, substitute “performance of the Executive Officer’s functions”.
Repeal the subsection.
Omit “, other than subsection (3),”.
Repeal the Division.
Repeal the Part, substitute:
(1) The National Environment Protection Council Special Account is established by this section.
(2) The Account is a special account for the purposes of the
Public Governance, Performance and Accountability Act 2013 .
There must be credited to the Account amounts equal to the following:
(a) amounts received by the Commonwealth from the States or Territories for the purposes of the Account;
(b) amounts appropriated by the Parliament for the purposes of the Account;
(c) amounts received by the Commonwealth in relation to performing any functions, or exercising any of the Council’s powers, under this Act;
(d) amounts of any gifts given or bequests made for the purposes of the Account;
(e) interest received by the Commonwealth from the investment of amounts debited from the Account;
(f) amounts received by the Commonwealth in relation to property paid for with amounts debited from the Account.
Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.
(1) The purposes of the Account are as follows:
(a) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of:
(i) the Council; or
(ii) the NEPC Committee; or
(iii) any other committee established under section 33;
(b) either:
(i) paying grants for amounts consistent with the aim of people enjoying the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; or
(ii) paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in undertaking projects with that aim;
whether or not the grants or projects relate to a national environment protection measure or proposed national environment protection measure;
(c) paying any remuneration and allowances payable to any person under this Act;
(d) meeting the expenses of administering the Account;
(e) paying amounts that are required or permitted to be repaid under this Act;
(f) paying for activities that are incidental to the purposes mentioned in paragraphs (a) to (e).
Note: See section 80 of the
Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).(2) However, the purposes of the Account referred to in paragraph (1)(b) are limited to:
(a) purposes related to external affairs, including:
(i) purposes related to giving effect to an international agreement to which Australia is a party; and
(ii) purposes related to addressing matters of international concern; and
(b) purposes related to a Territory; and
(c) purposes related to the executive power of the Commonwealth; and
(d) purposes related to matters that are peculiarly adapted to the government of a nation, and that cannot otherwise be carried on for the benefit of the nation; and
(e) purposes related to matters incidental to the purposes referred to in paragraphs (a) to (d).
47
Transitional—transferring money of the NEPC Service Corporation to the special account There must be credited to the National Environment Protection Council Special Account an amount equal to the sum of all amounts held by the NEPC Service Corporation immediately before the commencement of this item.
Note: On commencement, these amounts vest in the Commonwealth under item 56 of this Schedule.
Omit “, the NEPC Service Corporation”.
Omit “, the Service Corporation”.
Repeal the note, substitute:
Note 1: TUSMA does not have a legal identity separate from the Commonwealth.
Note 2: In this Act,
TUSMA means the Telecommunications Universal Service Management Agency—see section 4.
Repeal the sections, substitute:
TUSMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
Repeal the heading, substitute:
Repeal the Subdivision.
54
Subdivision B of Division 2 of Part 3 (heading) Repeal the heading.
In this Part:
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
commencement day means the day on which this Schedule commences.
decorporatised body means:
(a) the Australian Communications and Media Authority; or
(b) the Australian Fisheries Management Authority; or
(c) the Great Barrier Reef Marine Park Authority; or
(d) the NEPC Service Corporation; or
(e) the Telecommunications Universal Service Management Agency.
instrument includes:
(a) a contract, deed, undertaking, arrangement or agreement; and
(b) a notice, authority, order or instruction; and
(c) regulations; and
(d) an instrument made under an Act or regulations;
but does not include an Act.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
responsible Minister has the meaning given by subitem 58(3).
(1) On the commencement day, the assets and liabilities of a decorporatised body cease to be assets and liabilities of the body and become assets and liabilities of the Commonwealth.
(2) The Commonwealth becomes the successor in law in relation to those assets and liabilities.
(3) If an instrument in force immediately before the commencement day:
(a) contains a reference to a decorporatised body; and
(b) relates to an asset or liability of the body that, under this item, becomes an asset or liability of the Commonwealth;
the instrument has effect on and after that day as if the reference were a reference to the Commonwealth.
(4) Subitem (3) does not apply to an instrument that is part of, or associated with a register referred to in item 58.
(5) Subitem (3) does not, by implication, prevent the instrument from being varied or terminated after that day.
If, immediately before the commencement day, a decorporatised body was a party to proceedings pending in any court or tribunal, the Commonwealth is substituted for the body as a party to the proceedings on and after that day.
Repeal the note.
Repeal the subsections, substitute:
(1) The Board must prepare a corporate plan under section 35 of the
Public Governance, Performance and Accountability Act 2013 by 1 May each reporting period (within the meaning of that Act) or by such later day as the Minister in a particular reporting period allows.
Repeal the section, substitute:
The corporate plan must include details of an assessment of the outlook for the Australian tourism industry.
Repeal the subsections, substitute:
(1) For each corporate plan given to the Minister by the Board under section 35 of the
Public Governance, Performance and Accountability Act 2013 , the Minister must consider whether or not to endorse the plan.
Repeal the section, substitute:
The annual report prepared by the Board and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must also include details of:
(a) an assessment of the extent to which Tourism Australia’s operations during the period have implemented each annual operational plan applicable to the period; and
(b) significant activities undertaken jointly during the period; and
(c) significant capital works programs undertaken by Tourism Australia during the period; and
(d) significant acquisitions and dispositions of real property by Tourism Australia during the period; and
(e) revisions of the annual operational plan approved by the Minister during the period.
Omit “section 28 of the
Commonwealth Authorities and Companies Act 1997 ”, substitute “section 22 of thePublic Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities)”.
Repeal the section.
Before “The”, insert “(1)”.
Add:
(2) Section 30 of the
Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the Managing Director despite subsection 30(6) of that Act.
246
Subsection 57(3) (definition of Finance Minister ) Omit “
Financial Management and Accountability Act 1997 ”, substitute “Public Governance, Performance and Accountability Act 2013 ”.
Repeal the subsection, substitute:
(3) Subsection (2) does not prevent investment, under section 59 of the
Public Governance, Performance and Accountability Act 2013 , of money that is not immediately required for the purposes of Tourism Australia.
Omit “(1)”.
Repeal the subsection.
Repeal the section, substitute:
(1) A disclosure by a Commissioner under section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the
Public Governance, Performance and Accountability Act 2013 , a Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with subsection (1) of this section.
Repeal the paragraph, substitute:
(c) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
Repeal the section.
Repeal the section, substitute:
The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must include the following:
(a) prescribed particulars of transport safety matters investigated by the ATSB during the period;
(b) a description of investigations conducted by the ATSB during the period that the Chief Commissioner considers raise significant issues in transport safety.
Repeal the subsection.
Insert:
Despite paragraph 10(1)(d) of the
Public Governance, Performance and Accountability Act 2013 and the definition ofDepartment of State in section 8 of that Act, the Commission is not a Commonwealth entity for the purposes of that Act and is taken to be part of the Department for those purposes.Note: This means that the commissioners are officials of the Department for the purposes of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the paragraph, substitute:
(d) a commissioner fails, without reasonable excuse, to comply with his or her obligations under:
(i) section 189; or
(ii) section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;
Repeal the section.
Insert:
Despite paragraph 10(1)(d) of the
Public Governance, Performance and Accountability Act 2013 and the definition ofDepartment of State in section 8 of that Act, the Repatriation Medical Authority is not a Commonwealth entity for the purposes of that Act and is taken to be part of the Department for those purposes.Note: This means that the members of the Authority are officials of the Department for the purposes of the
Public Governance, Performance and Accountability Act 2013 .
Insert:
Despite paragraph 10(1)(d) of the
Public Governance, Performance and Accountability Act 2013 and the definition ofDepartment of State in section 8 of that Act, the Review Council is not a Commonwealth entity for the purposes of that Act and is taken to be part of the Department for those purposes.Note: This means that the councillors are officials of the Department for the purposes of the
Public Governance, Performance and Accountability Act 2013 .
260
Subsection 4(1) (definition of Water for the Environment Special Account ) Omit “the Special Account”, substitute “the special account”.
Omit “Special Account for the purposes of the
Financial Management and Accountability Act 1997 ”, substitute “special account for the purposes of thePublic Governance, Performance and Accountability Act 2013 ”.
Omit “Special Account if any of the purposes of the Account”, substitute “special account if any of the purposes of the special account”.
Omit “Special Account for the purposes of the
Financial Management and Accountability Act 1997 ”, substitute “special account for the purposes of thePublic Governance, Performance and Accountability Act 2013 ”.
Omit “Special Account if any of the purposes of the Account”, substitute “special account if any of the purposes of the special account”.
Repeal the note, substitute:
Note 2: Acquisitions of interests in land will be done in accordance with the
Lands Acquisition Act 1989 and thePublic Governance, Performance and Accountability Act 2013 .
Repeal the note.
Repeal the section, substitute:
(1) A disclosure by an Authority member (other than the Chief Executive) under section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.Note: Under the rules made for the purposes of the
Public Governance, Performance and Accountability Act 2013 , the Chief Executive must disclose interests to the Minister.(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the
Public Governance, Performance and Accountability Act 2013 , the Authority member is taken not to have complied with section 29 of that Act if the Authority member does not comply with subsection (1) of this section.
Repeal the sections.
Repeal the paragraph, substitute:
(g) if the member is not the Chief Executive—the member fails, without reasonable excuse, to comply with section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
Add:
Note: The appointment of the Chief Executive may also be terminated under section 30 of the
Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
Repeal the note.
Omit “
Financial Management and Accountability Act 1997 ”, substitute “Public Governance, Performance and Accountability Act 2013 ”.
Repeal the section, substitute:
(1) The corporate plan prepared by the Chief Executive under section 35 of the
Public Governance, Performance and Accountability Act 2013 for a period must include the corporate plan approved by the Murray‑Darling Basin Ministerial Council under the Agreement for the period.(2) Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Chief Executive.
Omit “Authority”, substitute “Chief Executive”.
Add:
Note: The corporate plan that is approved by the Murray‑Darling Basin Ministerial Council under the Agreement is prepared by the Authority. Any amendment of that plan must also be prepared by the Authority and approved by the Ministerial Council.
Omit “Authority”, substitute “Chief Executive”.
Repeal the section, substitute:
(1) The annual report prepared by the Chief Executive and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must also be given to each other member of the Murray‑Darling Basin Ministerial Council.(2) Despite that section, the Chief Executive must give the annual report to the Minister as soon as practicable after the end of the period.
(3) The report must include:
(a) an analysis of the effectiveness of the Basin Plan; and
(b) particulars of all directions given by the Minister under section 175 during the period; and
(c) information about the Authority’s activities during the period, including information about any matters on which the Authority is required to report under the Agreement.
Omit “paragraph 213A(3)(a)”, substitute “section 213A”.
279
Section 7 (subparagraph (a)(i) of the definition of agency ) Repeal the subparagraph, substitute:
(i) a non‑corporate Commonwealth entity (within the meaning of the
Public Governance, Performance and Accountability Act 2013 );
Omit “Special Account”, substitute “special account”.
Omit “Special Account for the purposes of the
Financial Management and Accountability Act 1997 ”, substitute “special account for the purposes of thePublic Governance, Performance and Accountability Act 2013 ”.
Omit “Special Account if any of the purposes of the Account”, substitute “special account if any of the purposes of the special account”.
Omit “an agency within the meaning of the
Financial Management and Accountability Act 1997 ”, substitute “a non‑corporate Commonwealth entity (within the meaning of thePublic Governance, Performance and Accountability Act 2013 )”.
284
Section 4 (paragraph (b) of the definition of public authority ) Omit “
Commonwealth Authorities and Companies Act 1997 ”, substitute “Public Governance, Performance and Accountability Act 2013 ”.
Omit “of Comcare for a financial year must include”, substitute “prepared by the Chief Executive Officer of Comcare and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must include”.
Omit “year” (wherever occurring), substitute “period”.
Omit “year”, substitute “period”.
Omit “section 90”, substitute “section 85”.
Repeal the paragraph, substitute:
(a) a non‑corporate Commonwealth entity within the meaning of the
Public Governance, Performance and Accountability Act 2013 ;
Repeal the subsection, substitute:
(1) Despite section 46 of the
Public Governance, Performance and Accountability Act 2013 , the annual report prepared by the Director for a period for the purposes of that section must be given to the Minister by the last day of the fifth month after the end of the period.
Repeal the paragraph, substitute:
(b) must not be used in a report under:
(i) section 12; or
(ii) section 46 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the paragraph, substitute:
(b) must not be used in a report under:
(i) section 12; or
(ii) section 46 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the paragraph, substitute:
(b) must not be used in a report under:
(i) section 12; or
(ii) section 46 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the paragraph, substitute:
(b) may be used, either in whole or in part, in a report under:
(i) section 12; or
(ii) section 46 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the subsection, substitute:
Naming employer in Agency report
(2) The Agency may name the employer as having failed to comply with this Act, and set out details of the non‑compliance, in a report under:
(a) subsection 12(2); or
(b) section 46 of the
Public Governance, Performance and Accountability Act 2013 .
Repeal the paragraph, substitute:
(a) name an employer in a report under:
(i) subsection 12(2); or
(ii) section 46 of the
Public Governance, Performance and Accountability Act 2013 ; or
Repeal the paragraph, substitute:
(d) without reasonable excuse, contravenes:
(i) section 27; or
(ii) section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;
Before “The”, insert “(1)”.
Add:
(2) Subsection (1) applies in addition to section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
Repeal the definition, substitute:
Agency has the same meaning asCommonwealth entity in thePublic Governance, Performance and Accountability Act 2013 .
Repeal the section, substitute:
If an Agency is specified by instrument under section 3A to be the collecting agency, the APVMA must pay the Agency for the costs and expenses incurred by the Agency in relation to collecting levy, late payment penalty or understatement penalty under this Act.
Repeal the section, substitute:
The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:
(a) an assessment of the extent to which the APVMA’s operations during that period have contributed to the objectives set out in the annual operational plan for that period; and
(b) an evaluation of the APVMA’s overall performance during that period against:
(i) the performance indicators set out in the annual operational plan for that period; and
(ii) the performance indicators (if any) prescribed by the regulations for the purposes of this subparagraph; and
(c) any exercise of powers under section 131AA of the Code set out in the Schedule to the
Agricultural and Veterinary Chemicals Code Act 1994 during that period; and(d) variations (if any) of the annual operational plan taking effect during that period; and
(e) significant purchases and disposals of real property by the APVMA during that period; and
(f) any directions given to the APVMA by the Minister during that period to which subsection 10(3) applies and the impact of the directions on the operations of the APVMA.
Omit “Commonwealth”, substitute “APVMA”.
5
Subparagraph 140(1A)(b)(i) of the Code set out in the Schedule Omit “Commonwealth”, substitute “APVMA”.
6
Paragraphs 145H(9)(a) and (b) of the Code set out in the Schedule Omit “, on behalf of the Commonwealth,”.
7
Paragraph 145H(9)(b) of the Code set out in the Schedule Omit “debt due to the Commonwealth”, substitute “debt due to the APVMA”.
8
Subsection 149A(2) of the Code set out in the Schedule Omit “, on behalf of the Commonwealth,”.
Omit “Special Account for the purposes of the
Financial Management and Accountability Act 1997 ”, substitute “special account for the purposes of thePublic Governance, Performance and Accountability Act 2013 ”.
Omit “Special Account” (wherever occurring), substitute “special account”.
Repeal the note, substitute:
Note: See section 80 of the
Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
Repeal the note, substitute:
Note: The
Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
Repeal the section, substitute:
For the purposes of section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), a director who is a grape grower or a winemaker is not taken to have a material personal interest that relates to the affairs of the Authority by reason only of being a grape grower or a winemaker.
Repeal the paragraph.
Add:
Note: The appointment of a director may also be terminated under section 30 of the
Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
Omit “section 27J of the
Commonwealth Authorities and Companies Act 1997 ”, substitute “rules made for the purposes of section 29 of thePublic Governance, Performance and Accountability Act 2013 ”.
Omit “Note”, substitute “Note 1”.
Add:
Note 2: The Authority is not required to give a corporate plan under section 35 of the
Public Governance, Performance and Accountability Act 2013 (see subsection (13) of this section).
Add:
(13) Section 35 of the
Public Governance, Performance and Accountability Act 2013 (which deals with corporate plans) does not apply to the Authority.
Repeal the subsection, substitute:
(1) Except as provided by this section and the
Public Governance, Performance and Accountability Act 2013 , the Authority is not subject to direction by or on behalf of the Australian Government.
Repeal the subsection, substitute:
(2) Subsections (1) and (1A) do not prevent investment, under section 59 of the
Public Governance, Performance and Accountability Act 2013 , of money that is not immediately required for the purposes of the Authority.
Repeal the section, substitute:
(1) The annual report prepared by the directors and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 for a period must:
(a) include a report on the operations of the Geographical Indications Committee during the period; and
(b) set out all final determinations of geographical indications, and translations of such indications, made by the Committee during the period; and
(c) include particulars of:
(i) the grape or wine research and development activities that the Authority coordinated or funded, wholly or partly, during the period; and
(ii) the amount that the Authority spent during the period in relation to each of those activities; and
(iii) which (if any) of those activities related to ecologically sustainable development; and
(iv) the impact of those activities on the grape industry and the wine industry; and
(v) the entering into of agreements under section 10A during the period, and the Authority’s activities during the period in relation to agreements entered into under that section during or before the period; and
(vi) the entering into of agreements under section 10B during the period, and the Authority’s activities during the period in relation to agreements entered into under that section during or before the period; and
(vii) the making of grants under section 10C during the period; and
(viii) the Authority’s activities during the period in relation to applying for patents for inventions, commercially exploiting patented inventions and granting licences under patented inventions; and
(ix) the activities of any companies in which the Authority has an interest; and
(x) any activities relating to the formation of a company; and
(xi) significant acquisitions and dispositions of real property by the Authority during the period; and
(d) include an assessment of the extent to which the Authority’s operations during the period have:
(i) achieved the Authority’s objectives as stated in its corporate plan; and
(ii) implemented the annual operational plan applicable to the period; and
(e) include an assessment of the extent to which the Authority has, during the period, contributed to the attainment of the objects of this Act as set out in section 3.
(2) The annual report must be published on the Authority’s website as soon as practicable after the report is tabled in the House of Representatives.
Omit “the report prepared by the directors under section 9 of the
Commonwealth Authorities and Companies Act 1997 on the operations of the Authority for a period has been given to the responsible Minister (within the meaning of that section),”, substitute “the annual report mentioned in section 38 has been given to the Minister under section 46 of thePublic Governance, Performance and Accountability Act 2013 ,”.
Omit “in relation to that year under section 9 of the
Commonwealth Authorities and Companies Act 1997 ”, substitute “under section 46 of thePublic Governance, Performance and Accountability Act 2013 in relation to the period that includes the year”.
Omit all the words after “an amount worked out in accordance with the determination”, substitute:
is to be debited from the National Offshore Petroleum Titles Administrator Special Account on a day worked out in accordance with the determination.
Note: The Commonwealth must pay a corresponding amount to NOPSEMA (see paragraph 682(1)(aa)).
Insert:
(aa) amounts debited from the National Offshore Petroleum Titles Administrator Special Account under subsection 600(7) (about petroleum project inspectors); and
Omit “(1)(b)”, substitute “(1)(aa)”.
Omit all the words after “on a day worked out in accordance with the determination,”, substitute:
to be debited from the National Offshore Petroleum Titles Administrator Special Account.
Note: The Commonwealth must pay a corresponding amount to NOPSEMA (see paragraph 682(1)(b)).
Repeal the section, substitute:
(1) The Commonwealth must pay to NOPSEMA amounts equal to:
(a) such money as is appropriated by the Parliament for the purposes of NOPSEMA; and
(b) amounts debited from the National Offshore Petroleum Titles Administrator Special Account under subsection 602B(2) (about NOPSEMA inspectors); and
(c) the following amounts paid to NOPSEMA on behalf of the Commonwealth:
(i) amounts paid by way of safety investigation levy imposed by the Regulatory Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 686(2); and
(d) the following amounts paid to NOPSEMA on behalf of the Commonwealth:
(i) amounts paid by way of safety case levy imposed by the Regulatory Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 687(4); and
(e) the following amounts paid to NOPSEMA on behalf of the Commonwealth:
(i) amounts paid by way of well investigation levy imposed by the Regulatory Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 688(2); and
(f) the following amounts paid to NOPSEMA on behalf of the Commonwealth:
(i) amounts paid by way of annual well levy imposed by the Regulatory Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 688A(2); and
(g) the following amounts paid to NOPSEMA on behalf of the Commonwealth:
(i) amounts paid by way of well activity levy imposed by the Regulatory Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 688B(2); and
(h) the following amounts paid to NOPSEMA on behalf of the Commonwealth:
(i) amounts paid by way of environment plan levy imposed by the Regulatory Levies Act;
(ii) amounts paid by way of late payment penalty under subsection 688C(2); and
(i) any other amounts paid to NOPSEMA, on behalf of the Commonwealth, by a State or the Northern Territory; and
(j) any other amounts paid to NOPSEMA on behalf of the Commonwealth.
(2) The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to NOPSEMA.
(3) If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.
(4) If an amount referred to in any of paragraphs (1)(b) to (j) is refunded by the Commonwealth, NOPSEMA must pay to the Commonwealth an amount equal to the refund.
(5) The responsible Commonwealth Minister may, on behalf of the Commonwealth, set off an amount payable by NOPSEMA under subsection (4) against an amount that is payable to NOPSEMA under subsection (1).
(6) Amounts payable under paragraphs (1)(b) to (j) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
(7) In this section:
Finance Minister means the Minister administering thePublic Governance, Performance and Accountability Act 2013 .
Repeal the subsection, substitute:
(6) If NOPSEMA takes one or more actions under subsection (4) or an order under subsection (5), NOPSEMA is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to NOPSEMA.
(6A) If the Titles Administrator takes one or more actions under subsection (4) or an order under subsection (5), the Titles Administrator is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the Titles Administrator on behalf of the Commonwealth.
Omit “Special Account for the purposes of the
Financial Management and Accountability Act 1997 ”, substitute “special account for the purposes of thePublic Governance, Performance and Accountability Act 2013 ”.
Omit “Special Account” (wherever occurring), substitute “special account”.
Repeal the note, substitute:
Note: See section 80 of the
Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
Schedule 14 — Other transitional and application provisions
An amendment made by an item of Schedules 7 to 13 to this Act that relates to a corporate plan or a strategic plan (however described) applies in relation to reporting periods that commence on or after 1 July 2015.
An amendment made by an item of Schedules 7 to 13 to this Act that relates to an annual report applies in relation to reporting periods that commence on or after 1 July 2014.
(1) This item applies (subject to subitem (3)) if:
(a) before this item commences, a person discloses an interest in accordance with a provision in an Act; and
(b) the provision is:
(i) amended; or
(ii) repealed; or
(iii) repealed and substituted;
by an item of Schedules 7 to 13 to this Act.
(2) The person is taken to have disclosed the interest in accordance with section 29 of the PGPA Act and rules made for the purposes of that section.
(3) This item does not apply in relation to amendments or repeals of provisions of the following Acts:
(a) the
Administrative Appeals Tribunal Act 1975 ;(b) the
Fair Work Act 2009 ;(c) the
Family Law Act 1975 ;(d) the
Federal Circuit Court of Australia Act 1999 ;(e) the
Federal Court of Australia Act 1976 ;(f) the
Native Title Act 1993 .
4
Saving instruments in force at commencement time
(1) This item applies if:
(a) a provision of an Act provides that an instrument (whether or not a legislative instrument) may be made under, or for the purposes of, the provision; and
(b) an instrument made under, or for the purposes of, the provision is in force immediately before the commencement time; and
(c) the provision is:
(i) amended; or
(ii) repealed and substituted;
by an item of Schedules 7 to 13 to this Act; and
(d) after the provision has been amended or repealed and substituted, the provision still provides in the same or similar terms that an instrument may be made under, or for the purposes of, the provision.
(2) If the provision is amended, the amendment referred to in subparagraph (1)(c)(i) does not affect the continuity of the instrument.
(3) If the provision is repealed and substituted, the instrument is taken, after the commencement time, to have been made under, or for the purposes of, the provision as substituted.
Subsection 12(2) (retrospective application of legislative instruments) of the
Legislation Act 2003 does not apply to a legislative instrument (theamending instrument ) if:
(a) the amending instrument is made under an Act (the
enabling Act ); and(b) the amending instrument amends another legislative instrument made under the enabling Act; and
(c) the amendment is consequential on:
(i) the amendments or repeals made by this Act; or
(ii) the enactment of this Act or the PGPA Act.
(1) The Finance Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, for paragraph (1)(a), rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of this Act or the PGPA Act.
(3) Rules made for the purposes of this item may provide that, in or in relation to the first reporting period that commences on or after 1 July 2014, this Act, the PGPA Act or any other Act has effect with any modifications prescribed by the rules.
(4) This Act does not limit the rules that may be made under this item.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 1–12, Sch 13 (items 1–8, 12–27, 31–33) and Sch 14: 1 July 2014 (s 2(1) items 2–7, 9, 10, 13, 14) Sch 13 (items 9–11): Sch 13 (items 28–30): 1 Oct 2014 (s 2(1) items 11, 12) Remainder: 30 June 2014 (s 2(1) item 1) | |
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 and Sch 7: 14 Apr 2015 (s 2) | Sch 2 (item 3) and Sch 7 |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
item 2................................. | am No 36, 2015 |
item 4................................. | am No 36, 2015 |
item 5................................. | am No 36, 2015 |
item 6................................. | am No 36, 2015 |
item 21............................... | am No 36, 2015 |
item 38............................... | rep No 36, 2015 |
item 2................................. | am No 36, 2015 |
item 16............................... | rep No 36, 2015 |
item 2................................. | am No 36, 2015 |
item 5................................. | am No 36, 2015 |
rs No 126, 2015 | |
item 6................................. | am No 36, 2015 |
0
0
0