Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017

Administered by Department of Finance

Legislation au F2017L01134 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
Amendment (Listed Entities) Rules 2017

 

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.

 

The Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 (the Rule) amends Schedule 1 to the PGPA Rule by repealing:

  • clause 1A which prescribes the Australian Building and Construction Commission (ABCC) as a listed entity;
  • clause 3 which prescribes the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a listed entity; and
  • clause 14 which prescribes the National Competition Council (NCC) as a listed entity.

 

The commencement of the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 sees the ABCC, AUSTRAC and the NCC respectively prescribed as listed entities for the purposes of the PGPA Act within the following pieces of legislation: 

  • the Building and Construction Industry (Improving Productivity) Act 2016;
  • the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; and
  • the Competition and Consumer Act 2010.

 

There is no longer a need to maintain the listings of these entities within Schedule 1 to the PGPA Rule.

 

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

 

The Rule is a legislative instrument for the purposes of the Legislation Act 2003 and is disallowable in accordance with section 42 of that Act. 

 

Consultation

 

The Rule was developed by the Office of Parliamentary Counsel in consultation with the Department of Employment, the Attorney-General’s Department and the Department of the Treasury.

 

 

Attachment A

 

Details of the Public Governance, Performance and Accountability Amendment
(Listed Entities) Rules 2017

 

Section 1 – Name

 

This section provides that the title of the instrument is the Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 (the Rule).

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.

 

The whole of this instrument commences at the same time as the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 commences.

 

Section 3 – Authority

 

This section states that the Rule is made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).

 

Section 4 – Schedules

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability Rule 2014

 

Item 1 – Clauses 1A, 3 and 14 of Schedule 1

 

This item amends Schedule 1 to the PGPA Rule by:

  • repealing clause 1A which prescribes the Australian Building and Construction Commission (ABCC) as a listed entity;
  • repealing clause 3 which prescribes the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a listed entity; and
  • repealing clause 14 which prescribes the National Competition Council (NCC) as a listed entity.

 

The ABCC is now prescribed as a listed entity for the purposes of the PGPA Act within the Building and Construction Industry (Improving Productivity) Act 2016.

 

The AUSTRAC is now prescribed as a listed entity for the purposes of the PGPA Act within the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

 

The NCC is now prescribed as a listed entity for the purposes of the PGPA Act within the Competition and Consumer Act 2010.

 

There is no longer a need to maintain the listings of these entities within Schedule 1 to the PGPA Rule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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
(Listed Entities) Rules 2017

 

The Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 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 Schedule 1 to the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) made under the PGPA Act by repealing:

  • clause 1A which prescribes the Australian Building and Construction Commission (ABCC) as a listed entity;
  • clause 3 which prescribes the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a listed entity; and
  • clause 14 which prescribes the National Competition Council (NCC) as a listed entity.

 

The commencement of the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 sees the ABCC, AUSTRAC and the NCC respectively prescribed as listed entities for the purposes of the PGPA Act within the following pieces of legislation: 

  • the Building and Construction Industry (Improving Productivity) Act 2016;
  • the Anti-Money Laundering and Counter-Terrorism Financing Act 2006; and
  • the Competition and Consumer Act 2010.

 

There is no longer a need to maintain the listings of these entities within Schedule 1 to the PGPA Rule.

 

Human rights implications
 

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

 

 

 

 

Conclusion
 

This 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 (Listed Entities) Rules 2017 was enacted to streamline the regulatory framework established under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). This legislative instrument was introduced to address the redundancy of maintaining specific entity listings within the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule). As specified in section 101 of the PGPA Act, the Minister for Finance has the authority to issue rules by legislative instrument to give effect to the Act. The Rules were developed in consultation with several government departments, ensuring a comprehensive approach to the legislative amendments. The repealing of clauses 1A, 3, and 14 from Schedule 1 of the PGPA Rule reflects the reclassification of the Australian Building and Construction Commission (ABCC), the Australian Transaction Reports and Analysis Centre (AUSTRAC), and the National Competition Council (NCC) as listed entities within specific legislative acts, thereby eliminating the need for these entities to be listed in the PGPA Rule. The Rules were made under the authority of the PGPA Act and are compatible with human rights, as confirmed by the Statement of Compatibility with Human Rights attached to the instrument. The repeal of these clauses ensures that the PGPA Rule remains current and relevant to the evolving legislative landscape, without any adverse impact on human rights.

Scope and Application

The Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 amend the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) by repealing clauses that previously listed the Australian Building and Construction Commission (ABCC), the Australian Transaction Reports and Analysis Centre (AUSTRAC), and the National Competition Council (NCC) as listed entities. This amendment is made under the authority of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), which establishes a framework for regulating resource management by the Commonwealth and relevant entities. The commencement of the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 resulted in the ABCC, AUSTRAC, and NCC being prescribed as listed entities within their respective acts, thus removing the need to maintain these listings in the PGPA Rule. The Rule is a legislative instrument for the purposes of the Legislation Act 2003 and is disallowable in accordance with section 42 of that Act. The amendments are compatible with human rights as they do not engage any applicable rights or freedoms.

Key Provisions

The Public Governance, Performance and Accountability Amendment (Listed Entities) Rules 2017 (the Rule) amends the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) by repealing clauses that previously listed the Australian Building and Construction Commission (ABCC), the Australian Transaction Reports and Analysis Centre (AUSTRAC), and the National Competition Council (NCC) as listed entities under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). Specifically, clause 1A, clause 3, and clause 14 of Schedule 1 to the PGPA Rule have been repealed (sections 1, 2, and 4). The commencement of the Public Governance and Resources Legislation Amendment Act (No. 1) 2017 now provides the legislative basis for these entities to be considered listed entities within their respective areas of operation, namely the Building and Construction Industry (Improving Productivity) Act 2016 for the ABCC, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 for AUSTRAC, and the Competition and Consumer Act 2010 for the NCC. The Rule imposes an obligation on these entities to comply with the requirements and provisions set out in their respective Acts, as they are now explicitly recognised as listed entities under those Acts. This means that the ABCC, AUSTRAC, and NCC must adhere to the standards and regulations applicable to listed entities within the Building and Construction Industry (Improving Productivity) Act 2016, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, and the Competition and Consumer Act 2010, respectively. By repealing the previous listings in the PGPA Rule, the Rule ensures that these entities are governed by the most appropriate and relevant legislative frameworks. There are no specific offences, penalties, or civil/criminal consequences outlined in the Rule itself for breach of its provisions. However, entities that fail to comply with the requirements of the PGPA Act or the relevant Acts under which they are listed may face penalties and consequences as provided in those Acts. For example, the Building and Construction Industry (Improving Productivity) Act 2016, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, and the Competition and Consumer Act 2010 each contain their own provisions for offences and penalties, which can include fines, imprisonment, or other civil or criminal consequences. These penalties are determined by the specific provisions of the relevant Acts and are not detailed in the Rule itself.

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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.