Public Governance, Performance and Accountability Amendment (North Queensland Water Infrastructure Authority) Rules 2019

Administered by Department of Finance

Legislation au F2019L00429 Rules Not in force Legislative Instrument

Legislation content

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

 

Overview

The Public Governance, Performance and Accountability Amendment (North Queensland Water Infrastructure Authority) Rules 2019 are amendments to the Public Governance, Performance and Accountability Rule 2014, which itself was made under the Public Governance, Performance and Accountability Act 2013. The 2019 Amendment Rules were introduced to address the need to formally recognise the North Queensland Water Infrastructure Authority (NQWIA) as a listed entity for the purposes of the finance law. This legislative instrument was enacted by the Minister for Finance and the Public Service, in accordance with the powers conferred by section 101 of the PGPA Act. The primary objective of these rules is to align the NQWIA with the regulatory framework established by the PGPA Act, ensuring that its activities are subject to the same governance, performance, and accountability standards as other Commonwealth entities. These rules will sunset on 30 June 2024, indicating a temporary measure to support the implementation of specific water infrastructure projects in North Queensland.

Scope and Application

The Public Governance, Performance and Accountability Amendment (North Queensland Water Infrastructure Authority) Rules 2019 amend the Public Governance, Performance and Accountability Rule 2014 to incorporate the North Queensland Water Infrastructure Authority (NQWIA) as a listed entity under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). This amendment applies to the NQWIA as a non-corporate Commonwealth entity, thereby subjecting it to the regulatory framework outlined in the PGPA Act. The NQWIA, established as an Executive Agency under the Public Service Act 1999, is tasked with strategic planning and coordination of Commonwealth resources for specific water infrastructure projects in North Queensland, including the Hughenden Irrigation Scheme and the Hells Gates Dam Scheme. The amendment details the accountable authority, officials, and purposes of the NQWIA, with a sunset clause set for 30 June 2024. The rules, which are a legislative instrument under the Legislation Act 2003, commence the day after their registration on the Federal Register of Legislation. This legislative amendment ensures that the NQWIA operates within the financial and governance standards prescribed by the PGPA Act, facilitating effective management and accountability of the assigned water infrastructure projects.

Key Provisions

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 include the North Queensland Water Infrastructure Authority (NQWIA) as a listed entity for the purposes of the finance law as defined by the Public Governance, Performance and Accountability Act 2013 (PGPA Act). Specifically, under section 4 of the Schedule to the Amendment Rules, clause 15B is added to Schedule 1 of the PGPA Rule, thereby recognising the NQWIA as a non-corporate Commonwealth entity. This new clause outlines the accountable authority, officials, and purposes of the NQWIA, which include 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 new clause will sunset on 30 June 2024, after which it will no longer apply. The Amendment Rules impose certain obligations on the NQWIA. As a listed entity under the PGPA Act, the NQWIA must adhere to the finance law requirements as prescribed by the PGPA Act and the PGPA Rule. This includes maintaining proper financial records, ensuring compliance with budgetary allocations, and adhering to any other financial management directives issued under the PGPA Act. Additionally, the NQWIA must report on its financial performance and compliance with these requirements to the accountable authority as specified in clause 15B of Schedule 1 to the PGPA Rule. There are no specific offences, penalties, or civil/criminal consequences outlined for breach of the Amendment Rules themselves. However, the NQWIA, as a listed entity under the PGPA Act, is subject to the general provisions of the PGPA Act, which may include disciplinary action, financial penalties, or other consequences for non-compliance with the finance law requirements. The PGPA Act provides that breaches of finance law can result in penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties for breaches under the PGPA Act can include fines of up to $18,000 for individuals and up to $90,000 for bodies corporate, along with potential imprisonment terms. The precise penalties will depend on the nature and extent of the breach, as well as any relevant mitigating or aggravating factors.

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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.