Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021

Administered by Department of Finance

Legislation au F2021L00507 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 Act 2013

 

Public Governance, Performance and Accountability Rule 2014

 

Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021

 

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 Commonwealth entities and companies. Section 101 of the PGPA Act provides that the Finance Minister may make rules by legislative instrument to prescribe matters necessary or convenient to be prescribed for carrying out or 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 (Infrastructure and Project Financing Agency) Rules 2021 (Amendment Rules) amends Schedule 1 to the PGPA Rule by:

  • repealing clause 11A, which prescribes the Infrastructure and Project Financing Agency (IPFA) as a listed entity and;
  • amending subparagraph 13(e)(vi) which prescribes that a purpose of the National Faster Rail Agency is to work in partnership with the IPFA to explore alternative funding and financing options for faster rail, such as private sector contributions and value capture opportunities.  

 

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 1 May 2021.

 

Consultation

 

The Amendment Rules were developed by the Office of Parliamentary Counsel in consultation with the Department of the Prime Minister and Cabinet and the Department of Infrastructure, Transport, Regional Development and Communications in accordance with section 17 of the Legislation Act 2003.

Details of the Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021

Section 1 – Name   

This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021.

 

Section 2 – Commencement 

This section provides that this instrument commences on 1 May 2021.

 

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 Schedule 1 to this instrument.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – Clause 11A of Schedule 1

 

This item repeals clause 11A of Schedule 1 of the PGPA Rule which prescribes the Infrastructure and Project Financing Agency (IPFA) as a listed entity. The IPFA was abolished as an Executive Agency and will continue as a separately branded activity within the Department of the Treasury’s administrative structure.

 

Item 2 – Subparagraph 13(e)(vi) of Schedule 1

 

This item amends subparagraph 13(e)(vi) of Schedule 1 of the PGPA Rule.

 

Clause 13 prescribes the National Faster Rail Agency (NFRA) as a listed entity and paragraph (e) describes its purposes. Subparagraph 13(e)(vi) describes a purpose of the NFRA as to work in partnership with the IPFA to explore alternative funding and financing options for faster rail, such as private sector contributions and value capture opportunities.   

 

This item will substitute the reference to the IPFA with “other relevant Commonwealth entities”, reflecting that the IPFA will continue as a branded function within the Department of the Treasury.

 

 

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 (Infrastructure and Project Financing Agency) Rules 2021

 

The Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021 (Amendment Rules) 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 Commonwealth entities and companies. 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 made under the PGPA Act by:

  • repealing clause 11A which prescribes the Infrastructure and Project Financing Agency (IPFA) as a listed entity and;
  • amending subparagraph 13(e)(vi) which prescribes that a purpose of the National Faster Rail Agency is to work in partnership with the IPFA to explore alternative funding and financing options for faster rail, such as private sector contributions and value capture opportunities. 

 

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 Simon Birmingham

Minister for Finance

 

Overview

The Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021 were enacted to amend the Public Governance, Performance and Accountability Rule 2014 under the authority of the Public Governance, Performance and Accountability Act 2013. This legislative instrument was developed to address the need to update the regulatory framework following the abolition of the Infrastructure and Project Financing Agency (IPFA) as an Executive Agency, while ensuring continued alignment with the government’s infrastructure financing objectives. The rules were made by the Minister for Finance, in accordance with section 101 of the PGPA Act, and were developed in consultation with relevant government departments. The Amendment Rules are effective from 1 May 2021 and include a Statement of Compatibility with Human Rights, confirming their alignment with international human rights obligations. The primary objective of these amendments is to reflect the structural changes within the government's administrative framework, specifically the transition of the IPFA into a branded function within the Department of the Treasury. By repealing clause 11A, which listed the IPFA as a separate entity, and amending subparagraph 13(e)(vi) to substitute references to the IPFA with “other relevant Commonwealth entities”, the rules ensure that the National Faster Rail Agency's purpose to explore alternative funding options remains coherent within the new organisational structure. This legislative update supports the government's broader strategy for efficient infrastructure financing and project management.

Scope and Application

The Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021 applies to the Commonwealth of Australia and amends the Public Governance, Performance and Accountability Rule 2014, which is itself made under the Public Governance, Performance and Accountability Act 2013. These rules are specifically targeted at modifying the resource management framework for Commonwealth entities and companies. The rules repeal clause 11A, which had listed the Infrastructure and Project Financing Agency (IPFA) as a separate entity, and they amend subparagraph 13(e)(vi) to reflect that the IPFA will now operate as a branded function within the Department of the Treasury. Consequently, the National Faster Rail Agency's purpose of collaborating with the IPFA is now modified to include "other relevant Commonwealth entities". This legislative instrument is designed to ensure that the regulatory framework remains current and effective in light of organisational changes within the Commonwealth. The rules are compatible with human rights, as they do not engage any of the applicable rights or freedoms recognised in the international instruments under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Public Governance, Performance and Accountability Amendment (Infrastructure and Project Financing Agency) Rules 2021 primarily affect the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) by amending Schedule 1. Specifically, the Amendment Rules repeal clause 11A (item 1) which listed the Infrastructure and Project Financing Agency (IPFA) as a Commonwealth entity. This repeal aligns with the IPFA's abolition as an Executive Agency, and its transition to a branded activity within the Department of the Treasury. Additionally, the Amendment Rules amend subparagraph 13(e)(vi) of Schedule 1 (item 2) to modify the National Faster Rail Agency's (NFRA) purpose to work with "other relevant Commonwealth entities" instead of the IPFA, reflecting the IPFA's new status. These amendments ensure that the PGPA Rule remains consistent with the current administrative structure of Commonwealth entities involved in infrastructure and project financing. The obligations imposed by these Amendment Rules primarily pertain to the accurate updating of references within the PGPA Rule to reflect the changes in the administrative structure of the IPFA. Entities and officials governed by the PGPA Act and Rule must ensure their practices and documentation align with these changes, particularly concerning the NFRA's partnership objectives. This includes ensuring that any collaboration or funding exploration activities are now directed towards "other relevant Commonwealth entities" rather than the now-defunct IPFA. Failure to comply with the requirements set out in the Amendment Rules could lead to discrepancies in governance and accountability practices. However, the Amendment Rules do not introduce specific offences or penalties for non-compliance in this context. Instead, the focus is on ensuring that the legislative framework accurately reflects the current administrative arrangements. Non-compliance could potentially result in administrative or procedural challenges, impacting the efficiency and effectiveness of the entities' operations and governance. Ensuring adherence to these updated provisions is crucial for maintaining the integrity of the PGPA framework and its oversight of Commonwealth entities.

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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.