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 (National Intermodal Corporation Limited) Rules 2022
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 (National Intermodal Corporation Limited) Rules 2022 (Amendment Rules) amends section 5 of the PGPA Rule by repealing the name of the Commonwealth company prescribed to be a government business enterprise at paragraph 5(2)(d), ‘Moorebank Intermodal Company Limited’, and inserting the name, ‘National Intermodal Corporation Limited’. The Australian Company Number (ACN 161 635 105) will remain unchanged.
This change aligns the name of the company listed in section 5 of the PGPA Rule with the name of the company registered with the Australian Securities and Investments Commission.
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 this instrument is registered.
Consultation
The Amendment Rules were developed by the Office of Parliamentary Counsel in consultation with 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 (National Intermodal Corporation Limited) Rules 2022
Section 1 – Name
This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (National Intermodal Corporation Limited) Rules 2022.
Section 2 – Commencement
This section provides that this instrument commences on the day after this instrument is registered.
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 – Paragraph 5(2)(d) of Part 1-2
This item amends paragraph 5(2)(d) of Part 1-2 of the PGPA Rule.
This will repeal the current name of the Commonwealth company and government business enterprise, ‘Moorebank Intermodal Company Limited’, and insert the name, ‘National Intermodal Corporation Limited’. This name change aligns the name of the company in section 5 of the PGPA Rule with the name of the company registered with the Australian Securities and Investments Commission.
The name change reflects the government decision to expand the objects of the company now named National Intermodal Corporation Limited, to facilitate the development and operation of intermodal freight terminals beyond Moorebank, New South Wales.
The National Intermodal Corporation Limited remains a Commonwealth company under
section 89 of the PGPA Act and, one of seven Commonwealth companies identified as a government business enterprise for section 8 of the PGPA Act.
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 (National Intermodal Corporation Limited) Rules 2022
The Public Governance, Performance and Accountability Amendment (National Intermodal Corporation Limited) Rules 2022 (Amendment Rule) 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 the Public Governance, Performance and Accountability Rule 2014 made under the PGPA Act by repealing the name of the Commonwealth company prescribed to be a government business enterprise at paragraph 5(2)(d), ‘Moorebank Intermodal Company Limited’, and inserting the name, ‘National Intermodal Corporation Limited’. The Australian Company Number (ACN 161 635 105) will remain unchanged.
This change aligns the name of the company listed in section 5 of the PGPA Rule with the name of the company registered with the Australian Securities and Investments Commission.
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