EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability Amendment (Listed Law Enforcement Agency) Rules 2017
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 (Listed Law Enforcement Agency) Rules 2017 (PGPA Amendment Rule) would amend the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) to:
- Prescribe the Immigration and Border Protection Department as a listed law enforcement agency.
The PGPA Act at section 8 provides that listed law enforcement agency means a law enforcement agency (within the meaning of section 85ZL of the Crimes Act 1914) that is prescribed by the rules.
This amendment will provide for the Immigration and Border Protection Department to be listed as a law enforcement agency for the purpose of the PGPA Act and the PGPA Rules, and align it with section 85ZL of the Crimes Act 1914.
Details of the PGPA Amendment Rule are set out at Attachment A. A statement of compatibility with human rights is at Attachment B.
The PGPA Amendment Rule is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is disallowable.
Consultation
The amendments relating to prescribing the Immigration and Border Protection Department as a listed law enforcement agency for the purpose of the PGPA Act and PGPA Rules were developed in consultation with the Department of Immigration and Border Protection.
The PGPA Amendment Rule was drafted by the Office of Parliamentary Counsel.
Attachment A
Details of the Public Governance, Performance and Accountability Amendment (Listed Law Enforcement Agency) Rules 2017
Section 1—Name of rule
This section provides that the title of the rule is the Public Governance, Performance and Accountability Amendment (Listed Law Enforcement Agency) Rules 2017.
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.
Specifically, the whole of the PGPA Amendment Rule will commence on the day after it is registered on the Federal Register of Legislation.
Section 3—Authority
This section states that the instrument is 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 this Rule 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
Part 1 – Amendments commencing the day after the instrument is registered.
Public Governance, Performance and Accountability Rule 2014
Item 1- Section 4
This item would amend section 4 and define the Immigration and Border Protection Department to mean the Department of State administered by the Minister administering the Australian Border Force Act 2015. This definition is consistent with section 8 of the PGPA Act and the Crimes Act 1914 which defines the Immigration and Border Protection Department to mean the Department of State administered by the Minister administering the Australian Border Force Act 2015.
Item 2-Section 7
This item would amend section 7 and list the Immigration and Border Protection Department as a listed law enforcement agency for the purpose of section 8 of the PGPA Act.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The Public Governance, Performance and Accountability Amendment (Listed Law Enforcement Agency) 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 Finance Minister may make rules by legislative instrument to prescribe matters giving effect to the Act.
The Public Governance, Performance and Accountability Amendment (Listed Law Enforcement Agency) Rules 2017 would amend the PGPA Rule made under the PGPA Act.
The PGPA Amendment Rule would make amendments relating to:
- Prescribing the Immigration and Border Protection Department as a listed law enforcement agency in section 7 of the PGPA Rule.
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