Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014

Administered by Department of Finance

Legislation au C2014A00059 In force Act

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Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014

 

No. 59, 2014

 

 

 

 

 

An Act to make consequential modifications arising from the enactment of the Public Governance, Performance and Accountability Act 2013 of laws appropriating money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Appropriation (Parliamentary Departments) Act (No. 1) 20122013

Schedule 2—Appropriation (Parliamentary Departments) Act (No. 1) 20132014

Schedule 3—Appropriation (Parliamentary Departments) Act (No. 2) 20132014

Schedule 4—Appropriation (Parliamentary Departments) Act (No. 1) 20142015

 

 

 

Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014

No. 59, 2014

 

 

 

An Act to make consequential modifications arising from the enactment of the Public Governance, Performance and Accountability Act 2013 of laws appropriating money out of the Consolidated Revenue Fund for expenditure in relation to the Parliamentary Departments, and for related purposes

[Assented to 30 June 2014]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

30 June 2014

2.  Schedules 1 to 3

Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013.

1 July 2014

3.  Schedule 4

The later of:

(a) immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013; and

(b) the commencement of the Appropriation (Parliamentary Departments) Act (No. 1) 20142015.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

1 July 2014

(paragraph (a) applies)

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Appropriation (Parliamentary Departments) Act (No. 1) 2012‑2013

 

1  Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 1) 20122013.

2  Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

 (a) a noncorporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

 (b) the Australian Competition and Consumer Commission; or

 (c) the Australian Human Rights Commission; or

 (d) the Australian Pesticides and Veterinary Medicines Authority; or

 (e) the Australian Securities and Investments Commission; or

 (f) the Clean Energy Regulator; or

 (g) the Corporations and Markets Advisory Committee; or

 (h) the High Court of Australia; or

 (i) the Independent Hospital Pricing Authority; or

 (j) the MurrayDarling Basin Authority; or

 (k) the National Health Performance Authority; or

 (l) the National Offshore Petroleum Safety and Environmental Management Authority.

3  Section 3 (definition of Chief Executive)

The Principal Act applies as if the definition of Chief Executive in section 3 of that Act were omitted and the following definition were substituted:

Chief Executive of an Agency means the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Agency.

4  Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

5  Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

6  Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

7  Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

8  Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

9  Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

10  Section 15

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 15 of the Principal Act.

Schedule 2—Appropriation (Parliamentary Departments) Act (No. 1) 2013‑2014

 

1  Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 1) 20132014.

2  Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

 (a) a noncorporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

 (b) the Australian Competition and Consumer Commission; or

 (c) the Australian Human Rights Commission; or

 (d) the Australian Pesticides and Veterinary Medicines Authority; or

 (e) the Australian Securities and Investments Commission; or

 (f) the Clean Energy Regulator; or

 (g) the Corporations and Markets Advisory Committee; or

 (h) the High Court of Australia; or

 (i) the Independent Hospital Pricing Authority; or

 (j) the MurrayDarling Basin Authority; or

 (k) the National Health Performance Authority; or

 (l) the National Offshore Petroleum Safety and Environmental Management Authority.

3  Section 3 (definition of Chief Executive)

The Principal Act applies as if the definition of Chief Executive in section 3 of that Act were omitted and the following definition were substituted:

Chief Executive of an Agency means the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Agency.

4  Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

5  Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

6  Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

7  Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

8  Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

9  Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

10  Section 15

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 15 of the Principal Act.

Schedule 3—Appropriation (Parliamentary Departments) Act (No. 2) 2013‑2014

 

1  Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 2) 20132014.

2  Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

 (a) a noncorporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

 (b) the Australian Competition and Consumer Commission; or

 (c) the Australian Human Rights Commission; or

 (d) the Australian Pesticides and Veterinary Medicines Authority; or

 (e) the Australian Securities and Investments Commission; or

 (f) the Clean Energy Regulator; or

 (g) the Corporations and Markets Advisory Committee; or

 (h) the High Court of Australia; or

 (i) the Independent Hospital Pricing Authority; or

 (j) the MurrayDarling Basin Authority; or

 (k) the National Health Performance Authority; or

 (l) the National Offshore Petroleum Safety and Environmental Management Authority.

3  Section 3 (definition of Chief Executive)

The Principal Act applies as if the definition of Chief Executive in section 3 of that Act were omitted and the following definition were substituted:

Chief Executive of an Agency means the accountable authority (within the meaning of the Public Governance, Performance and Accountability Act 2013) of the Agency.

4  Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

5  Section 5 (note)

The Principal Act applies as if “section 6 of the Financial Management and Accountability Act 1997” in the note to section 5 of the Principal Act were omitted and “section 76 of the Public Governance, Performance and Accountability Act 2013” were substituted.

6  Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

7  Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

8  Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

9  Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

10  Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

11  Section 15

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 15 of the Principal Act.

Schedule 4—Appropriation (Parliamentary Departments) Act (No. 1) 2014‑2015

 

1  Definitions

In this Schedule:

Principal Act means the Appropriation (Parliamentary Departments) Act (No. 1) 20142015.

2  Section 3 (definition of Agency)

The Principal Act applies as if the definition of Agency (including the note) in section 3 of that Act were omitted and the following definition were substituted:

Agency means:

 (a) a noncorporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; or

 (b) the Australian Competition and Consumer Commission; or

 (c) the Australian Human Rights Commission; or

 (d) the Australian Pesticides and Veterinary Medicines Authority; or

 (e) the Australian Securities and Investments Commission; or

 (f) the Clean Energy Regulator; or

 (g) the Corporations and Markets Advisory Committee; or

 (h) the High Court of Australia; or

 (i) the Independent Hospital Pricing Authority; or

 (j) the MurrayDarling Basin Authority; or

 (k) the National Health Performance Authority; or

 (l) the National Offshore Petroleum Safety and Environmental Management Authority.

3  Section 3 (definition of Special Account)

The Principal Act applies as if “Financial Management and Accountability Act 1997” in the definition of Special Account in section 3 of the Principal Act were omitted and “Public Governance, Performance and Accountability Act 2013” were substituted.

4  Section 6 (note 2)

The Principal Act applies as if note 2 to section 6 of that Act were omitted and the following notes were substituted:

Note 2: Sections 30, 30A and 31 of the Financial Management and Accountability Act 1997, as those sections continue to apply because of Part 2 of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, also provide for adjustments of amounts appropriated by this Act.

Note 3: Sections 74 and 75 of the Public Governance, Performance and Accountability Act 2013 also provide for adjustments of amounts appropriated by this Act.

5  Section 7 (note)

The Principal Act applies as if the note to section 7 of that Act were omitted.

6  Subsection 8(1) (note)

The Principal Act applies as if the note to subsection 8(1) of that Act were omitted.

7  Subsection 9(1) (note)

The Principal Act applies as if the note to subsection 9(1) of that Act were omitted.

8  Section 10 (note)

The Principal Act applies as if the note to section 10 of that Act were omitted.

9  Section 13

The Principal Act applies as if “(as that Act continues to apply because of Schedule 2 to the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014) and the Public Governance, Performance and Accountability Act 2013” were added at the end of section 13 of the Principal Act.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 24 June 2014

Senate on 26 June 2014]

 

(134/14)

 

Overview

The Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014 was enacted by the Parliament of Australia on 30 June 2014 to address the need for consequential modifications in appropriation acts following the introduction of the Public Governance, Performance and Accountability Act 2013. The primary objective of this Act is to ensure that the appropriation acts for Parliamentary Departments are appropriately aligned with the new legislative framework established by the Public Governance, Performance and Accountability Act 2013. This alignment is crucial for maintaining the integrity and effectiveness of the financial management and accountability systems within the Commonwealth. The Act makes specific modifications to various appropriation acts to reflect the changes introduced by the new legislation, ensuring that the definitions, roles, and responsibilities within these acts are consistent with the updated legal standards and practices.

Scope and Application

The Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014 is a Commonwealth Act that applies consequential modifications to appropriation acts as a result of the enactment of the Public Governance, Performance and Accountability Act 2013. The Act applies to appropriation acts for Parliamentary Departments, specifically the Appropriation (Parliamentary Departments) Act (No. 1) 2012-2013, Appropriation (Parliamentary Departments) Act (No. 1) 2013-2014, Appropriation (Parliamentary Departments) Act (No. 2) 2013-2014, and Appropriation (Parliamentary Departments) Act (No. 1) 2014-2015. The Act amends the definitions of "Agency" and "Chief Executive" in these appropriation acts, to align with the definitions in the Public Governance, Performance and Accountability Act 2013. Additionally, the Act modifies the definition of "Special Account" in the appropriation acts, replacing references to the Financial Management and Accountability Act 1997 with the Public Governance, Performance and Accountability Act 2013. The Act also updates notes and sections in the appropriation acts to reflect the changes brought about by the Public Governance, Performance and Accountability Act 2013. The Act applies to the Commonwealth of Australia and does not specify any exclusions or thresholds. The application of the Act may be extended or restricted through subordinate instruments, although such details are not provided in the Act itself.

Key Provisions

The Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014 (C2014A00059) is designed to implement amendments in appropriation acts following the enactment of the Public Governance, Performance and Accountability Act 2013. The Act ensures that the definitions and references within several appropriation acts are updated to reflect the changes introduced by the newer legislation. Specifically, it amends the definitions of terms such as 'Agency', 'Chief Executive', and 'Special Account' to align with the Public Governance, Performance and Accountability Act 2013. These changes ensure that the appropriation acts refer to the correct entities and authorities under the new governance framework. The Act imposes obligations on relevant entities and officers to ensure compliance with the modified appropriation acts. For example, entities must now refer to the definitions and references as updated by this Act, and officers must adhere to the new legal framework in their administration of funds. The modifications ensure that the appropriation acts accurately reflect the current legal and administrative environment. Breach of any of the provisions of the modified appropriation acts may result in legal consequences. However, the specific offences, penalties, and consequences for breach are not detailed within the text of the Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014 itself. Instead, the penalties and consequences would be determined by the specific appropriation acts that have been modified by this Act, as well as other relevant legislation. These could include fines, imprisonment, or other civil and criminal penalties as prescribed in the relevant appropriation acts. The precise penalties would depend on the nature and severity of the breach.

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