Commonwealth Authorities and Companies Regulations 1997

Commonwealth Authorities and Companies Regulations 1997

Statutory Rules No. 391, 1997 as amended

made under the

Commonwealth Authorities and Companies Act 1997

Compilation start date:   15 June 2013

Includes amendments up to: SLI No. 114, 2013

About this compilation

The compiled instrument

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

This compilation was prepared on 9 July 2013.

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

Uncommenced provisions and amendments

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

Application, saving and transitional provisions for amendments

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

Modifications

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

Provisions ceasing to have effect

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

Contents

1 Name of regulations

2 Commencement

3 Interpretation

4 Government business enterprises (Act s 5)

4A Responsible Minister for Commonwealth companies (Act s 5)

5 Statutory marketing authorities (Act s 5)

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

6AAA Corporate plan for GBE (Act ss 17 and 42)

6AA Commonwealth authority’s credit cards (Act s 28A)

6AB Commonwealth authority’s credit vouchers (Act s 28A)

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

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

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

6A Audit committees for Commonwealth authorities (Act s 32)

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

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

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

Schedule 1—Compliance with government procurement requirements—authorities and companies

Part 1—Commonwealth authorities

Part 2—Wholly‑owned Commonwealth companies

Endnotes

Endnote 1—Legislation history

Endnote 2—Amendment history

Endnote 3—Uncommenced amendments [none]

Endnote 4—Misdescribed amendments [none]

1  Name of regulations

  These regulations are the Commonwealth Authorities and Companies Regulations 1997.

2  Commencement

  These Regulations commence on 1 January 1998.

3  Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Commonwealth Authorities and Companies Act 1997.

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

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

4  Government business enterprises (Act s 5)

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

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

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

4A  Responsible Minister for Commonwealth companies (Act s 5)

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

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

5  Statutory marketing authorities (Act s 5)

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

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

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

6AAA  Corporate plan for GBE (Act ss 17 and 42)

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

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

 (3) The matters are:

 (a) the objectives of the authority or company; and

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

 (c) the business strategies of the authority or company; and

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

 (e) financial targets and projections for the authority or company; and

 (f) the dividend policy of the authority or company; and

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

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

 (i) review of performance against previous corporate plans and targets; and

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

 (i) the authority or company; or

 (ii) the Commonwealth; and

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

 (l) human resource strategies and industrial relations strategies.

6AA  Commonwealth authority’s credit cards (Act s 28A)

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

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

 (3) The holder of the card:

 (a) must take responsibility for the physical security of the card; and

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

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

 (5) The directors of the authority must ensure that the authority:

 (a) establishes and maintains records of the cards; and

 (b) keeps records of transactions for which the cards are used.

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

 (6) The directors of the authority:

 (a) may make guidelines in relation to the cards; and

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

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

6AB  Commonwealth authority’s credit vouchers (Act s 28A)

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

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

 (3) The holder of the voucher:

 (a) must take responsibility for the physical security of the voucher; and

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

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

 (5) The directors of the authority must ensure that the authority:

 (a) establishes and maintains records of vouchers issued by the authority; and

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

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

 (6) The directors of the authority:

 (a) may make guidelines in relation to the vouchers; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6A  Audit committees for Commonwealth authorities (Act s 32)

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

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

 (i) the chair of the authority; or

 (ii) an executive director of the authority;

 (b) the committee:

 (i) must be made up of at least 3 persons; and

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

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

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

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

 (3) The quorum for meetings of the committee is:

 (a) 2 persons; or

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

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

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

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

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

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

 (i) the chair of the company; or

 (ii) an executive director of the company;

 (b) the committee:

 (i) must be made up of at least 3 persons; and

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

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

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

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

 (3) The quorum for meetings of the committee is:

 (a) 2 persons; or

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

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

  In its application to a company conducted for the purposes
of an intelligence or security agency, the Act has effect as if Part 4 (Reporting and other obligations for Commonwealth companies) were omitted.

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

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

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

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

Schedule 1—Compliance with government procurement requirements—authorities and companies

(regulation 9)

Part 1—Commonwealth authorities

Part 2—Wholly‑owned Commonwealth companies

Endnotes

Endnote 1—Legislation history

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

Endnote 2—Amendment history

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

Endnote 3—Uncommenced amendments [none]

There are no uncommenced amendments.

Endnote 4—Misdescribed amendments [none]

There are no misdescribed amendments.