Public Governance, Performance and Accountability Amendment (2019 Measures No. 1) Rules 2019

Administered by Department of Finance

Legislation au F2019L00232 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance and the Public Service

 

Public Governance, Performance and Accountability Act 2013

 

Public Governance, Performance and Accountability Rule 2014

 

Public Governance, Performance and Accountability Amendment (2019 Measures No. 1) Rules 2019

 

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) sets out a framework for regulating resource management by the Commonwealth and relevant entities. Section 101 of the PGPA Act provides that the Finance Minister 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 (2019 Measures No. 1) Rules 2019 (Amendment Rules) make amendments to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) relating to:

  • the first reporting period for the National Housing Finance and Investment Corporation;
  • the title of one of the persons making up the accountable authority of the Central Land Council; and
  • prescribing the North Queensland Livestock Industry Recovery Agency as a listed entity.

 

Details of the Amendment Rules are set out at Attachment A. A Statement of Compatibility with Human Rights is at Attachment B.

 

The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Amendment Rules commence on the day after they are registered on the Federal Register of Legislation.

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the National Housing Finance and Investment Corporation, the Central Land Council, and the Department of the Prime Minister and Cabinet.

Details of the Public Governance, Performance and Accountability Amendment (2019 Measures No. 1) Rules 2019

Section 1 – Name   

This section provides that the title of this instrument is the Public Governance, Performance and Accountability (2019 Measures No. 1) Rules 2019 (Amendment Rules).

 

Section 2 – Commencement 

This section provides that this instrument commences on the day after it is registered on the Federal Register of Legislation.

 

Section 3 – Authority

This section provides that this instrument is made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

 

Section 4 – Schedules

This section provides that the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) is amended as set out in the Schedule to this instrument.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability Rule 2014

Item 1 –At the end of Chapter 1

 

This item adds a new section 7AB to Chapter 1 of the PGPA Rule to prescribe the first reporting period for the National Housing Finance and Investment Corporation (NHFIC) to begin on 30 June 2018 and end on 30 June 2019. After the first reporting period, the subsequent reporting period will align with the period of 12 months commencing on 1 July as defined in section 8 of the PGPA Act.

 

NHFIC was established by the National Housing Finance and Investment Corporation Act 2018 which commenced on 30 June 2018, the last day of the 2017-18 financial year. Amending the first reporting period will provide transitional arrangements for NHFIC to implement the reporting requirements under the PGPA Act by incorporating the last day of the 2017-18 financial year into the 2018-19 reporting period.

 

Item 2 – Section 7A (table item 2)

 

This item amends the title of one of the persons making up the accountable authority of the Central Land Council from “Director” to “Chief Executive Officer” to reflect the decision made by the Central Land Council.

 

Item 3 – After clause 15 of Schedule 1

 

This item makes the North Queensland Livestock Industry Recovery Agency (NQLIRA) a non‑corporate Commonwealth entity for the purposes of the PGPA Act by prescribing it as a listed entity in Schedule 1 to the PGPA Rule.

 

The new clause 15A sets out the accountable authority, officials and purposes of the NQLIRA, which will comprise the Chief Executive Officer and persons engaged under the Public Service Act 1999 (PS Act) to assist the Chief Executive Officer. Among other functions, the NQLIRA will have responsibility for strategic leadership and coordination for the Commonwealth’s recovery and reconstruction activities in the flood affected areas of North, Far North and Western Queensland following significant flooding in those areas in late January and February 2019.

 

The NQLIRA was established as an Executive Agency for the purposes of the PS Act by the Order to Establish the North Queensland Livestock Industry Recovery Agency as an Executive Agency. The Order specifies the functions for the NQLIRA which are listed in the new clause 15A as the entity’s purposes for finance law.


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 (2019 Measures No. 1) Rules 2019

 

The Public Governance, Performance and Accountability Amendment (2019 Measures No. 1) Rules 2019 are 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 the first reporting period for the National Housing Finance and Investment Corporation;
  • amending the title of one of the persons making up the accountable authority of the Central Land Council; and
  • prescribing the North Queensland Livestock Industry Recovery Agency as a listed entity.

 

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 and the Public Service

 

Overview

The Public Governance, Performance and Accountability Amendment (2019 Measures No. 1) Rules 2019 were introduced to amend the Public Governance, Performance and Accountability Rule 2014, made under the Public Governance, Performance and Accountability Act 2013. Enacted by the Australian Parliament, these rules aim to address specific transitional and administrative requirements for newly established entities, ensuring they align with the financial management framework set out by the PGPA Act. The Amendment Rules provide for the first reporting period of the National Housing Finance and Investment Corporation, correct the title of a key official within the Central Land Council, and recognise the North Queensland Livestock Industry Recovery Agency as a listed entity. This legislative instrument was developed following consultations with relevant stakeholders, including the National Housing Finance and Investment Corporation, the Central Land Council, and the Department of the Prime Minister and Cabinet. These rules are compatible with human rights, as they do not engage any of the applicable rights or freedoms recognised in the international instruments listed under the Human Rights (Parliamentary Scrutiny) Act 2011. The rules are designed to streamline the administration and reporting requirements of the new entities without impacting human rights. They come into effect on the day after being registered on the Federal Register of Legislation, as per the Legislation Act 2003.

Scope and Application

The Public Governance, Performance and Accountability Amendment (2019 Measures No. 1) Rules 2019, made under the Public Governance, Performance and Accountability Act 2013, provide specific amendments to the Public Governance, Performance and Accountability Rule 2014. These amendments pertain to the reporting period of the National Housing Finance and Investment Corporation, the title of an individual within the accountable authority of the Central Land Council, and the designation of the North Queensland Livestock Industry Recovery Agency as a listed entity. The Amendment Rules are designed to provide transitional arrangements for the National Housing Finance and Investment Corporation, ensure the accountability structure of the Central Land Council is accurately reflected, and extend the framework to include the North Queensland Livestock Industry Recovery Agency in its regulation of resource management by the Commonwealth and relevant entities. The rules are applicable to these specific entities and their accountable authorities, and they extend to the Commonwealth level, aligning with the jurisdictional scope of the PGPA Act. The Amendment Rules do not introduce any exclusions, exemptions, or thresholds but rather specify particular details and roles within the entities mentioned. The rules become effective the day after they are registered on the Federal Register of Legislation, and they are compatible with human rights as they do not engage any of the applicable rights or freedoms.

Key Provisions

The Public Governance, Performance and Accountability Amendment (2019 Measures No. 1) Rules 2019 (Amendment Rules) amend the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) in several key ways, primarily concerning the reporting periods for certain entities and the accountable authorities of others. Section 1 of the Amendment Rules specifies the title of this legislative instrument. The commencement date, outlined in Section 2, is the day after these rules are registered on the Federal Register of Legislation. Section 3 identifies the Public Governance, Performance and Accountability Act 2013 (PGPA Act) as the authority under which these rules are made, and Section 4 indicates that the PGPA Rule is the document being amended as detailed in the Schedule. The obligations imposed by these Amendment Rules include specific reporting periods for entities such as the National Housing Finance and Investment Corporation (NHFIC). Under Item 1 of Schedule 1, the NHFIC's first reporting period is set to begin on 30 June 2018 and end on 30 June 2019. After this initial period, the subsequent reporting periods will align with the twelve-month periods commencing on 1 July, as stipulated in section 8 of the PGPA Act. For the Central Land Council, Item 2 of Schedule 1 modifies the title of one of its accountable authority members from "Director" to "Chief Executive Officer," reflecting the council's internal structural changes. Furthermore, Item 3 adds the North Queensland Livestock Industry Recovery Agency (NQLIRA) as a listed entity under the PGPA Rule, defining its accountable authority, officials, and purposes. The Amendment Rules do not explicitly mention any offences, penalties, or civil/criminal consequences for breaches. However, any failure to comply with the PGPA Act's reporting requirements or the prescribed roles within accountable authorities could potentially lead to legal ramifications under the broader legislative framework of the PGPA Act. The PGPA Act itself provides for various enforcement mechanisms, including the possibility of financial penalties, administrative actions, or other legal consequences for non-compliance with its provisions. The Statement of Compatibility with Human Rights, attached as Attachment B, asserts that the Amendment Rules are 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. The conclusion drawn is that the Amendment Rules do not engage any of the applicable rights or freedoms and therefore do not raise any human rights issues. This compatibility statement ensures that the legislative amendments are aligned with the broader human rights obligations of Australia.

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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.