Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018

Administered by Department of Finance

Legislation au F2018L00934 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Rule 2014

 

Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) and the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) set out a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Minister for Finance may make rules by legislative instrument to prescribe matters giving effect to the Act.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 

The Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018 (Amending Rules) amend the PGPA Rule to prescribe Snowy Hydro Limited as a government business enterprise and amend the first reporting period.

 

Details of the Amending Rules are set out at Attachment A.  A statement of compatibility with human rights is at Attachment B.

 

The Amending Rules are a legislative instrument for the purposes of the Legislative Instruments Act 2003 and are a disallowable instrument. 

 

Consultation

The Amending Rules were developed in consultation with the Government Businesses and Budget Estimates and Accounting Branches in the Department of Finance, and the approach was discussed with Snowy Hydro Limited.

 

 

Attachment A

 

Details of the Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018

 

Section 1—Name of rule

 

This section provides that the title of the instrument is the Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018 (Amending Rules).

 

Section 2—Commencement

 

This section provides that each provision of the instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.

 

Sections 1 to 4 of the Amending Rules commence on the day after the Amending Rules are registered. Schedule 1 item 1 of the Amending Rules commences on 1 July 2018. Schedule 1 item 2 of the Amending Rules commences at the time Snowy Hydro Limited becomes a Commonwealth company. The Minister must announce, by notifiable instrument, the day this occurs.

 

Section 3—Authority

 

This section states that the Amending Rules are made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

 

Section 4—Schedules

 

This section provides that each legislative instrument that is specified in a Schedule to the Amending Rules is amended or repealed as set out, and that any item in a Schedule to this instrument operates or is applied as specified in the Schedule.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – After paragraph 5(2)(g)

 

This item adds Snowy Hydro Limited (SHL) to the list of Commonwealth entities and companies that are prescribed as a government business enterprise (GBE) for the purposes of the definition in section 8 of the PGPA Act.

 

A GBE is a special type of entity or company that is established and owned by the Commonwealth in order to fulfil a public purpose in the delivery of services or operation of infrastructure.


Item 2 – After section 7

 

This item adds a new section 7AA to prescribe the first reporting period for Snowy Hydro Limited for purposes of the definition in section 8 of the PGPA Act. The first reporting period for SHL will begin on 29 June 2018 and end on 30 June 2019. After the first reporting period, the dates will follow the standard financial year.

 

Amending the reporting period will provide transitionary arrangements for SHL to implement the reporting requirements under the PGPA Act by incorporating the last two days from the 2017-18 financial year into the 2018-19 reporting period.

 

 


Attachment B

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018

 

The Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the legislative instrument

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) establishes a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Minister for Finance may make rules by legislative instrument to prescribe matters giving effect to the Act.

 

The legislative instrument amends the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) made under the PGPA Act by:

  • amending section 5 of the PGPA Rule to prescribe Snowy Hydro Limited as a government business enterprise; and
  • adding a new section 7AA to the PGPA Rule to prescribe the first reporting period for Snowy Hydro Limited.

 

Human rights implications

 

The legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

 

The legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Senator the Hon Mathias Cormann

Minister for Finance

Overview

The Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018 were introduced to amend the Public Governance, Performance and Accountability Rule 2014, thereby addressing a need for updated regulatory measures concerning government business enterprises. Enacted under the authority of the Public Governance, Performance and Accountability Act 2013 by the Minister for Finance, these rules aim to enhance the regulatory framework governing resource management within the Commonwealth. Specifically, the rules incorporate Snowy Hydro Limited as a government business enterprise and adjust its initial reporting period to facilitate smoother compliance with the PGPA Act. This legislative instrument was developed through consultations with relevant branches within the Department of Finance and with Snowy Hydro Limited itself, ensuring that the amendments are both practical and aligned with the overall objectives of the PGPA Act.

Scope and Application

The Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018 amends the Public Governance, Performance and Accountability Rule 2014 to implement changes prescribed under the Public Governance, Performance and Accountability Act 2013. These amendments apply specifically to Snowy Hydro Limited (SHL), which is designated as a government business enterprise (GBE) for the purposes of the PGPA Act. As a GBE, SHL is subject to the regulatory framework and reporting requirements set forth by the PGPA Act and PGPA Rule. The amendments to the PGPA Rule include the addition of SHL to the list of prescribed GBEs and the specification of a unique first reporting period for SHL, which commences on 29 June 2018 and concludes on 30 June 2019. This transitional arrangement incorporates the final two days of the 2017-18 financial year into the 2018-19 reporting period, facilitating a smoother implementation of the reporting requirements for SHL. The Amending Rules are legislative instruments made under the authority of the PGPA Act and are subject to disallowance. They were developed in consultation with relevant branches within the Department of Finance and with Snowy Hydro Limited itself. The rules do not engage any of the human rights and freedoms recognised in the applicable international instruments, thereby ensuring compatibility with human rights.

Key Provisions

The Public Governance, Performance and Accountability Amendment (2018 Measures No. 2) Rules 2018 (Amending Rules) are designed to amend the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) by specifically adding Snowy Hydro Limited (SHL) as a government business enterprise (GBE) and establishing its first reporting period. According to Section 101 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), the Minister for Finance has the authority to create rules through legislative instruments to implement the Act. Section 2 of the Amending Rules outlines the commencement dates: Sections 1 to 4 take effect the day after the rules are registered, while Schedule 1 item 1 commences on 1 July 2018, and Schedule 1 item 2 begins when SHL becomes a Commonwealth company. The Amending Rules impose specific obligations on SHL to comply with the reporting and regulatory framework set out by the PGPA Act and PGPA Rule. By being classified as a GBE, SHL must adhere to the enhanced governance, performance, and accountability standards that apply to such entities. This includes preparing and submitting reports as required by the PGPA Act and PGPA Rule, particularly during the first reporting period defined in the Amending Rules, which spans from 29 June 2018 to 30 June 2019. The establishment of a unique first reporting period aims to provide a transitional arrangement that allows SHL to integrate the last two days of the 2017-18 financial year into the 2018-19 reporting period, facilitating a smoother transition under the new regulatory requirements. Failure to comply with the obligations imposed by the PGPA Act and the Amending Rules could result in several consequences. While the rules themselves do not specify particular penalties, non-compliance with the PGPA Act could lead to administrative and possibly legal repercussions, including investigations and corrective actions by the relevant authorities. The PGPA Act includes provisions for enforcement actions, which may involve financial penalties, orders for compliance, or other corrective measures to ensure adherence to the regulatory framework. It is essential for SHL, as a newly classified GBE, to diligently meet its reporting and governance obligations to avoid any potential legal or financial repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.