Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014 (Cth)

Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014

No. 59, 2014

An Act to make consequential modificationsarising from the enactment of the Public Governance, Performance and Accountability Act 2013 of laws appropriating money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

Contents

Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014

No. 59, 2014

An Act to make consequential modificationsarising from the enactment of the Public Governance, Performance and Accountability Act 2013 of laws appropriating money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

[Assented to 30 June 2014]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014.

2Commencement

1. (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.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	30 June 2014
2. Schedules 1 to 3	Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013.	1 July 2014
3. Schedule 4	The later of: (a) immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013; and (b) the commencement of the Appropriation (Parliamentary Departments) Act (No. 1) 2014‑2015. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.	1 July 2014 (paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted.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.

1. (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.

3Schedule(s)

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.

Schedule 1—Appropriation (Parliamentary Departments) Act (No. 1) 2012‑2013

1

Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 1) 2012‑2013.

2

Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

1. (a)

   a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

2. (b)

   the Australian Competition and Consumer Commission; or

3. (c)

   the Australian Human Rights Commission; or

4. (d)

   the Australian Pesticides and Veterinary Medicines Authority; or

5. (e)

   the Australian Securities and Investments Commission; or

6. (f)

   the Clean Energy Regulator; or

7. (g)

   the Corporations and Markets Advisory Committee; or

8. (h)

   the High Court of Australia; or

9. (i)

   the Independent Hospital Pricing Authority; or

10. (j)

    the Murray‑Darling Basin Authority; or

11. (k)

    the National Health Performance Authority; or

12. (l)

    the National Offshore Petroleum Safety and Environmental Management Authority.

3

Section 3 (definition of Chief Executive)

The Principal Act applies as if the definition of Chief Executive in section 3 of that Act were omitted and the following definition were substituted:

Chief Executive of an Agency means the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Agency.

4

Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

5

Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

6

Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

7

Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

8

Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

9

Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

10

Section 15

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 15 of the Principal Act.

Schedule 2Appropriation (Parliamentary Departments) Act (No. 1) 2013‑2014

1

Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 1) 2013‑2014.

2

Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

1. (a)

   a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

2. (b)

   the Australian Competition and Consumer Commission; or

3. (c)

   the Australian Human Rights Commission; or

4. (d)

   the Australian Pesticides and Veterinary Medicines Authority; or

5. (e)

   the Australian Securities and Investments Commission; or

6. (f)

   the Clean Energy Regulator; or

7. (g)

   the Corporations and Markets Advisory Committee; or

8. (h)

   the High Court of Australia; or

9. (i)

   the Independent Hospital Pricing Authority; or

10. (j)

    the Murray‑Darling Basin Authority; or

11. (k)

    the National Health Performance Authority; or

12. (l)

    the National Offshore Petroleum Safety and Environmental Management Authority.

3

Section 3 (definition of Chief Executive)

The Principal Act applies as if the definition of Chief Executive in section 3 of that Act were omitted and the following definition were substituted:

Chief Executive of an Agency means the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Agency.

4

Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

5

Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

6

Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

7

Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

8

Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

9

Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

10

Section 15

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 15 of the Principal Act.

Schedule 3Appropriation (Parliamentary Departments) Act (No. 2) 2013‑2014

1

Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 2) 2013‑2014.

2

Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

1. (a)

   a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

2. (b)

   the Australian Competition and Consumer Commission; or

3. (c)

   the Australian Human Rights Commission; or

4. (d)

   the Australian Pesticides and Veterinary Medicines Authority; or

5. (e)

   the Australian Securities and Investments Commission; or

6. (f)

   the Clean Energy Regulator; or

7. (g)

   the Corporations and Markets Advisory Committee; or

8. (h)

   the High Court of Australia; or

9. (i)

   the Independent Hospital Pricing Authority; or

10. (j)

    the Murray‑Darling Basin Authority; or

11. (k)

    the National Health Performance Authority; or

12. (l)

    the National Offshore Petroleum Safety and Environmental Management Authority.

3

Section 3 (definition of Chief Executive)

The Principal Act applies as if the definition of Chief Executive in section 3 of that Act were omitted and the following definition were substituted:

Chief Executive of an Agency means the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Agency.

4

Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

5

Section 5 (note)

The Principal Act applies as if “section 6 of the Financial Management and Accountability Act 1997” in the note to section 5 of the Principal Act were omitted and “section 76 of the Public Governance, Performance and Accountability Act 2013” were substituted.

6

Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

7

Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

8

Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

9

Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

10

Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

11

Section 15

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 15 of the Principal Act.

Schedule 4—Appropriation (Parliamentary Departments) Act (No. 1) 2014‑2015

1

Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 1) 2014‑2015.

2

Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

1. (a)

   a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

2. (b)

   the Australian Competition and Consumer Commission; or

3. (c)

   the Australian Human Rights Commission; or

4. (d)

   the Australian Pesticides and Veterinary Medicines Authority; or

5. (e)

   the Australian Securities and Investments Commission; or

6. (f)

   the Clean Energy Regulator; or

7. (g)

   the Corporations and Markets Advisory Committee; or

8. (h)

   the High Court of Australia; or

9. (i)

   the Independent Hospital Pricing Authority; or

10. (j)

    the Murray‑Darling Basin Authority; or

11. (k)

    the National Health Performance Authority; or

12. (l)

    the National Offshore Petroleum Safety and Environmental Management Authority.

3

Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

4

Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

5

Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

6

Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

7

Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

8

Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

9

Section 13

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 13 of the Principal Act.

[Minister’s second reading speech made in—

House of Representatives on 24 June 2014

Senate on 26 June 2014]

(134/14)