EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Finance and the Public Service
Public Governance, Performance and Accountability Act 2013
Public Governance, Performance and Accountability Rule 2014
Public Governance, Performance and Accountability Amendment (North Queensland Water Infrastructure Authority) Rules 2019
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 (North Queensland Water Infrastructure Authority) Rules 2019 (Amendment Rules) amend the Public Governance, Performance and Accountability Rule 2014 (PGPA Rule) to prescribe the North Queensland Water Infrastructure Authority as a listed entity for the purposes of the finance law as defined by the PGPA Act.
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 they are registered on the Federal Register of Legislation.
Consultation
In accordance with section 17 of the Legislation Act 2003, consultation has taken place with the Department of Infrastructure, Regional Development and Cities.
Details of the Public Governance, Performance and Accountability Amendment (North Queensland Water Infrastructure Authority) Rules 2019
Section 1 – Name
This section provides that the title of this instrument is the Public Governance, Performance and Accountability Amendment (North Queensland Water Infrastructure Authority) Rules 2019 (Amendment Rules).
Section 2 – Commencement
This section provides that this instrument commences on the day after it is registered on the Federal Register of Legislation.
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 the Schedule to this instrument.
Schedule 1 – Amendments
Public Governance, Performance and Accountability Rule 2014
Item 1 – After clause 15A of Schedule 1
This item makes the North Queensland Water Infrastructure Authority (NQWIA) a non‑corporate Commonwealth entity for the purposes of the PGPA Act by prescribing it as a listed entity in Schedule 1 to the PGPA Rule.
The new clause 15B sets out the accountable authority, officials and purposes of the NQWIA, which will comprise the Chief Executive Officer and persons engaged under the Public Service Act 1999 (PS Act) to assist the Chief Executive Officer. Among other purposes, the NQWIA will have responsibility for strategic planning and coordination of Commonwealth resources to implement the Hughenden Irrigation Scheme project and the Hells Gates Dam Scheme (including Big Rocks Weir) project. This clause will sunset on 30 June 2024.
The NQWIA was established as an Executive Agency for the purposes of the PS Act by the Order to Establish the North Queensland Water Infrastructure Authority as an Executive Agency. The Order specifies the functions for the NQWIA which are listed in the new clause 15B as the entity’s purposes for the finance law.
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 (North Queensland Water Infrastructure Authority) Rules 2019
The Public Governance, Performance and Accountability Amendment (North Queensland Water Infrastructure Authority) Rules 2019 are 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 the Public Governance, Performance and Accountability Rule 2014 made under the PGPA Act by prescribing the North Queensland Water Infrastructure Authority as a listed entity for the purposes of the finance law.
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 and the Public Service