Public Governance, Performance and Accountability Amendment (2019 Measures No. 2) Rules 2019

Administered by Department of Finance

Legislation au F2019L00446 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. 2) 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. 2) Rules 2019 (Amendment Rules) amend Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) to amend the purposes of the North Queensland Livestock Industry Recovery Agency (NQLIRA) for the purposes of the finance law as defined by the PGPA Act.

 

The NQLIRA was established as an Executive Agency for the purposes of the Public Service Act 1999 by an Order In Council on 21 February 2019, which commenced on 1 March 2019. The listing of the NQLIRA in Schedule 1 to the PGPA Rule, which made it a non-corporate Commonwealth entity for the purposes of the PGPA Act, commenced on 2 March 2019.

 

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 Department of the Prime Minister and Cabinet.

Details of the Public Governance, Performance and Accountability Amendment (2019 Measures No. 2) Rules 2019

Section 1 – Name   

This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (2019 Measures No. 2) 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 – Subparagraph 15A(e)(i) of Schedule 1

 

This item amends subparagraph 15A(e)(i) of Schedule 1 to replace ‘the flood affected areas of North, Far North and Western Queensland following’ with ‘areas of North, Far North and Western Queensland affected by’ in the description of the areas where the North Queensland Livestock Industry Recovery Agency’s (NQLIRA) activities are focussed. Livestock losses have also been felt in areas that were not flooded but experienced low temperatures, high winds and extended periods of rainfall as a consequence of the North and Far North Queensland Monsoon Trough.  

 

Item 2 – After subparagraph 15A(e)(i) of Schedule 1

 

This item inserts a new subparagraph 15A(e)(ia) in the description of the purposes of the NQLIRA for the purposes of the finance law as defined by the PGPA Act. The new purpose allows the NQLIRA to administer the Commonwealth loan scheme to provide assistance to eligible primary producers by way of loans to authorised deposit-taking institutions at the Government’s cost of borrowing.

 

 



 

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. 2) Rules 2019

 

The Public Governance, Performance and Accountability Amendment (2019 Measures No. 2) Rules 2019 (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.

 

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 Amendment Rules amend Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) made under the PGPA Act to amend the purposes of the North Queensland Livestock Industry Recovery Agency (NQLIRA) for the purposes of the finance law as defined by the PGPA Act.

 

The NQLIRA was established as an Executive Agency for the purposes of the Public Service Act 1999 by an Order In Council on 21 February 2019, which commenced on 1 March 2019. The listing of the NQLIRA in Schedule 1 to the PGPA Rule, which made it a non-corporate Commonwealth entity for the purposes of the PGPA Act, commenced on 2 March 2019.

 

Human rights implications

 

The Amendment Rules do not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Amendment Rules are compatible with human rights as they do 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. 2) Rules 2019 were enacted to amend the Public Governance, Performance and Accountability Rule 2014, which was made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). These rules were introduced to address the need for modifications to the purposes of the North Queensland Livestock Industry Recovery Agency (NQLIRA) for the purposes of the finance law as defined by the PGPA Act. Enacted by the Minister for Finance and the Public Service, the primary objective of these rules is to better align the activities and focus of the NQLIRA with the evolving needs of the livestock industry in North, Far North, and Western Queensland, including areas affected by weather events other than flooding. The rules were developed in consultation with relevant departments, ensuring a comprehensive approach to the legislative amendment process.

Scope and Application

The Public Governance, Performance and Accountability Amendment (2019 Measures No. 2) Rules 2019 amends the Public Governance, Performance and Accountability Rule 2014 to modify the purposes of the North Queensland Livestock Industry Recovery Agency (NQLIRA). The NQLIRA, established as an Executive Agency under the Public Service Act 1999, became a non-corporate Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) on 2 March 2019. The Amendment Rules, made under the authority of the Finance Minister, refine the focus of NQLIRA's activities to include areas of North, Far North and Western Queensland affected by adverse weather conditions, beyond those initially defined by flooding. Additionally, the Amendment Rules expand NQLIRA's purpose to include administering a Commonwealth loan scheme to assist eligible primary producers through loans to authorised deposit-taking institutions at the government’s cost of borrowing. These amendments commence on the day after registration on the Federal Register of Legislation and are compatible with human rights as they do not engage any applicable rights or freedoms.

Key Provisions

The Public Governance, Performance and Accountability Amendment (2019 Measures No. 2) Rules 2019 (Amendment Rules) make specific amendments to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule). These amendments primarily concern the North Queensland Livestock Industry Recovery Agency (NQLIRA). Section 1 of the Amendment Rules establishes that this legislative instrument is titled as stated in the title. Section 2 specifies the commencement date of the Amendment Rules, which is the day after they are registered on the Federal Register of Legislation. Section 3 confirms that the Amendment Rules are made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), and Section 4 indicates that the PGPA Rule is amended as outlined in the Schedule of the Amendment Rules. The primary changes introduced by the Amendment Rules are detailed in Schedule 1. Item 1 of Schedule 1 modifies the description of the geographical areas in which the NQLIRA focuses its activities. Specifically, it replaces the phrase 'the flood affected areas of North, Far North and Western Queensland following' with 'areas of North, Far North and Western Queensland affected by'. This change reflects the broader impact of adverse weather conditions, including low temperatures, high winds, and extended rainfall, not limited to flood-affected regions. Item 2 introduces a new subparagraph 15A(e)(ia) to the PGPA Rule. This addition allows the NQLIRA to administer a Commonwealth loan scheme, offering loans to eligible primary producers through authorised deposit-taking institutions at the Government's cost of borrowing. Under the PGPA Act, the NQLIRA is required to align its activities with its amended purposes as set out in the PGPA Rule. This means the NQLIRA must focus on the specified geographical areas and facilitate the new loan scheme for primary producers. Furthermore, the NQLIRA must ensure compliance with the finance law as defined by the PGPA Act in all its operations. The Amendment Rules impose these obligations on the NQLIRA, emphasising the need for adherence to the updated purposes and the geographical focus of its activities. The Amendment Rules do not explicitly outline specific offences, penalties, or consequences for non-compliance. However, under the PGPA Act, non-compliance with the finance law could result in civil or criminal penalties. The PGPA Act provides for various sanctions, including financial penalties and potential criminal charges for individuals and entities that fail to comply with the legislative requirements. These penalties can vary depending on the nature and severity of the breach but are intended to enforce adherence to the legislative framework governing public resource management. The precise penalties would be determined in accordance with the provisions of the PGPA Act and any applicable regulations or guidelines.

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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.