Public Governance, Performance and Accountability Amendment (National Intermodal Corporation Limited) Rules 2022

Administered by Department of Finance

Legislation au F2022L00531 Rules Not in force Legislative Instrument

Legislation content

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

 

 

 

Overview

The Public Governance, Performance and Accountability Amendment (National Intermodal Corporation Limited) Rules 2022 were enacted to amend the Public Governance, Performance and Accountability Rule 2014 under the authority of the Public Governance, Performance and Accountability Act 2013. These rules were introduced to address the discrepancy between the name of a Commonwealth company listed in the PGPA Rule and the name registered with the Australian Securities and Investments Commission. Specifically, the Amendment Rules repeal the name "Moorebank Intermodal Company Limited" and insert "National Intermodal Corporation Limited", ensuring consistency in documentation. This legislative instrument was developed by the Office of Parliamentary Counsel in consultation with relevant departments and is compatible with human rights as confirmed in the Statement of Compatibility with Human Rights. The rules aim to streamline the regulatory framework by aligning the company's name across official documents, thereby improving transparency and coherence in the management of Commonwealth entities.

Scope and Application

The Public Governance, Performance and Accountability Amendment (National Intermodal Corporation Limited) Rules 2022 are an instrument made under the Public Governance, Performance and Accountability Act 2013. The Act provides a framework for regulating resource management by Commonwealth entities and companies. The Amendment Rules specifically amend the Public Governance, Performance and Accountability Rule 2014 by changing the name of a Commonwealth company listed as a government business enterprise. The rules repeal the name 'Moorebank Intermodal Company Limited' and insert the name 'National Intermodal Corporation Limited'. This change aligns the name of the company listed in the PGPA Rule with the name of the company registered with the Australian Securities and Investments Commission. The Australian Company Number (ACN) remains unchanged. This amendment reflects the government's decision to expand the objects of the company to facilitate the development and operation of intermodal freight terminals beyond Moorebank, New South Wales. The Amendment Rules are compatible with human rights, as they do not engage any applicable rights or freedoms. The Amendment Rules apply to the National Intermodal Corporation Limited, a Commonwealth company identified as a government business enterprise under the PGPA Act. They have a national reach as they pertain to the operation and management of a company within the Commonwealth framework. The Amendment Rules do not specify any exclusions, exemptions, or thresholds. The application of the rules is extended through the PGPA Act and PGPA Rule, which provide the overarching legislative framework governing Commonwealth entities and companies. The Amendment Rules commence on the day after they are registered, and the changes they introduce are effective from that date.

Key Provisions

The Public Governance, Performance and Accountability Amendment (National Intermodal Corporation Limited) Rules 2022 amend the Public Governance, Performance and Accountability Rule 2014 by updating the name of a government business enterprise. Specifically, section 1 of the Amendment Rules provides that the name of the Commonwealth company previously known as Moorebank Intermodal Company Limited is now National Intermodal Corporation Limited (section 1). This name change is reflected in paragraph 5(2)(d) of Part 1-2 of the PGPA Rule (Schedule 1, Item 1). The Australian Company Number (ACN 161 635 105) remains unchanged. This legislative amendment ensures that the name of the company listed in the PGPA Rule aligns with the name of the company registered with the Australian Securities and Investments Commission. The Amendment Rules impose specific obligations on the National Intermodal Corporation Limited, which remains a Commonwealth company under section 89 of the PGPA Act and continues to be identified as a government business enterprise under section 8 of the PGPA Act. The primary obligation is the accurate and timely reporting and compliance with the provisions set out in the PGPA Act and the PGPA Rule, now reflecting the updated company name. This includes adherence to the governance, performance, and accountability standards established by the PGPA Act to ensure effective management of resources and operations. There are no specific offences or penalties outlined in the Amendment Rules themselves. However, any breach of the obligations imposed by the PGPA Act and PGPA Rule could lead to enforcement actions under those Acts. The PGPA Act includes provisions for sanctions, investigations, and enforcement actions against Commonwealth entities and companies that fail to comply with the governance and accountability standards it sets out. These actions could include administrative penalties, financial penalties, or other corrective measures as deemed necessary by the responsible authorities. In summary, the Amendment Rules primarily serve to update the name of a government business enterprise within the regulatory framework established by the PGPA Act and PGPA Rule. While the Amendment Rules themselves do not specify penalties, the underlying Acts provide mechanisms for enforcing compliance and addressing non-compliance through various sanctions and corrective actions. The alignment of the company's name with its registration ensures consistency and clarity in regulatory oversight.

Legal classification tags

Area of Law
Public Governance, Performance and Accountability
Instrument
Rules
Concepts
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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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.