Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Amendment (Annual Reports) Rule 2015 (Cth)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Amendment (Annual Reports) Rule 2015

I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following rule.

Dated 10 April 2015

MATHIAS HUBERT PAUL CORMANN

Minister for Finance

Contents

1Name

This is the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Amendment (Annual Reports) Rule 2015.

2Commencement

This instrument commences on the day after it is registered.

3Authority

This instrument is made under the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014

1

At the end of Division 1 of Part 2

Add:

7ABAnnual reports for corporate Commonwealth entities for 2014‑2015

1. (1)

   This section applies to a corporate Commonwealth entity’s annual report that is prepared under section 46 of the PGPA Act for the first reporting period of the entity that commences on or after 1 July 2014.

2. (2)

   Despite the repeal of the Commonwealth Authorities (Annual Reporting) Orders 2011 made by item 1 of Schedule 3 to the CTP Act, that instrument, as in force immediately before the commencement time, continues to apply for the purposes of the annual report.

3. (3)

   The requirements of that instrumentapply to the annual report in the same way as they applied to the annual report of a Commonwealth authority for the financial year ending on 30 June 2014.

4. (4)

   For the purposes of subsection (3):

   1. (a)

      a reference in that instrument to the directors or the board of a Commonwealth authority is taken to be a reference to the accountable authority of the corporate Commonwealth entity; and

   2. (b)

      a reference in that instrument to section 9, Schedule 1, or a provision of that section or Schedule, of the CAC Act is taken to be a reference to section 46 of the PGPA Act; and

   3. (c)

      a reference in that instrument to a term that is defined in the CAC Act or that instrument is taken to be a reference to the term as it is defined in the PGPAAct; and

   4. (d)

      a reference in clause 12 of that instrument to a General Policy Order under section 48A of the CAC Act is taken to be a reference to a government policy order under section 22 of the PGPAAct; and

   5. (e)

      a reference in clause 16 of that instrument to significant events under section 15 of the CAC Act is taken to be a reference to a significant decision or issue referred to in paragraph 19(1)(c), (d) or (e) of the PGPA Act.

7ACAnnual reports for wholly‑owned Commonwealth companies for 2014‑2015

1. (1)

   This section applies to a wholly‑owned Commonwealth company’s annual report that is prepared under section 97 of the PGPA Act for the first reporting period of the company that commences on or after 1 July 2014.

2. (2)

   Despite the repeal of the Commonwealth Companies (Annual Reporting) Orders 2011 made by item 1 of Schedule 3 to the CTP Act, that instrument, as in force immediately before the commencement time, continues to apply for the purposes of the annual report.

3. (3)

   The requirements of that instrumentapply to the annual report in the same way as they applied to the annual report of a wholly‑owned Commonwealth company for the financial year ending on 30 June 2014.

4. (4)

   For the purposes of subsection (3):

   1. (a)

      a reference in that instrument to section 36, or a provision of that section, of the CAC Act is taken to be a reference to section 97 of the PGPA Act; and

   2. (b)

      a reference in that instrument to a term that is defined in the CAC Act or the instrument is taken to be a reference to the term as it is defined in the PGPAAct; and

   3. (c)

      a reference in clause 10 of that instrument to a General Policy Order under section 43 of the CAC Act is taken to be a reference to a government policy order under section 93 of the PGPAAct; and

   4. (d)

      a reference in clause 14 of that instrument to significant events under section 40 of the CAC Act is taken to be a reference to a significant decision or issue referred to in paragraph 91(1)(c), (d) or (e) of the PGPA Act.