Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019

Administered by Department of Finance

Legislation au F2019L01650 Rules Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Act 2013

 

Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016

 

Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) 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.

 

Section 87 of the PGPA Act provides a power to create statutory body corporates, which are not companies, by rules made under the PGPA Act. The Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016 (PGPA OPH Rule) establishes Old Parliament House (OPH) as a corporate Commonwealth entity. The PGPA OPH Rule also provides for OPH’s purpose, functions, powers, its Board, staffing and financial arrangements.

 

The Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019 (Amendment Rules) amend the PGPA OPH Rule to amend the arrangements for membership of the Old Parliament House Board. The Amendment Rules will provide for a maximum of eight Board members by increasing the maximum number of other members from four to five. Following commencement of the Amendment Rules the OPH Board will consist of: the Board Chair, the Deputy Board Chair, the Director and up to five other members.

 

The Amendment Rules will commence on the day after the instrument is registered.

 

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.

 

Consultation

 

In accordance with section 17 of the Legislation Act 2003, consultation has taken place with Old Parliament House and the Department of the Prime Minister and Cabinet.

Details of the Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019

Section 1 – Name   

This section provides that the title of this instrument is the Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019 (Amendment Rules).

 

Section 2 – Commencement 

This section provides that this instrument commences on the day after this instrument 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 (Establishing Old Parliament House) Rule 2016 (PGPA OPH Rule) is amended as set out in the Schedule to this instrument.

 

Schedule 1 – Amendments

 

Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016

 

Item 1 – Paragraph 18(d)

 

This item omits “4” from paragraph 18(d) and substitutes “5”. This will amend the PGPA OPH Rule to provide for up to 5 other members to be appointed to the Board of Old Parliament House. The Board will continue to also consist of the Board Chair, the Deputy Board Chair and the Director.

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 (Establishing Old Parliament House) Amendment (Board Members) Rules 2019

 

The Public Governance, Performance and Accountability Amendment (Establishing Old Parliament House) Amendment (Board Members) Rules 2019 (Amendment Rules) 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.

 

Section 87 of the PGPA Act provides a power to create statutory body corporates, which are not companies, by rules made under the PGPA Act. The Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016 (PGPA OPH Rule) establishes Old Parliament House (OPH) as a corporate Commonwealth entity. The PGPA OPH Rule also provides for OPH’s purpose, functions, powers, its Board, staffing and financial arrangements.

 

The Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019 (Amendment Rules) amend the PGPA OPH Rule to amend the arrangements for membership of the Old Parliament House Board. The Amendment Rules will provide for a maximum of eight Board members by increasing the maximum number of other members from four to five. Following commencement of the Amendment Rules the OPH Board will consist of: the Board Chair, the Deputy Board Chair, the Director and up to five other members.

 

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 Mathias Cormann

Minister for Finance

 

Overview

The Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019 were enacted to amend the membership arrangements of the Board of Old Parliament House, established under the Public Governance, Performance and Accountability Act 2013. This Act, enacted by the Commonwealth Parliament, provides a legislative framework for resource management within the Commonwealth and its entities. The 2019 Amendment Rules were introduced to enhance the governance structure of Old Parliament House by adjusting the composition of its Board. Specifically, these rules increase the number of additional Board members from four to five, thereby expanding the maximum total membership of the Board to eight. This adjustment aims to strengthen the governance and oversight capabilities of Old Parliament House, ensuring it is well-positioned to fulfil its role as a significant national cultural institution. The rules were made under the authority granted by Section 101 of the PGPA Act, enabling the Minister for Finance to prescribe matters through legislative instruments.

Scope and Application

The Public Governance, Performance and Accountability Act 2013 (PGPA Act) is a Commonwealth statute that establishes a framework for regulating resource management by the Commonwealth and relevant entities. Pursuant to section 101 of the PGPA Act, the Minister for Finance is empowered to make rules by legislative instrument to prescribe matters giving effect to the Act. The Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016 (PGPA OPH Rule) established Old Parliament House (OPH) as a corporate Commonwealth entity under section 87 of the PGPA Act. The PGPA OPH Rule also provides for OPH’s purpose, functions, powers, its Board, staffing and financial arrangements. The Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019 (Amendment Rules) amend the PGPA OPH Rule to amend the arrangements for membership of the OPH Board by increasing the maximum number of other members from four to five, thereby providing for a maximum of eight Board members in total. The Amendment Rules are compatible with human rights as they do not raise any human rights issues. The Amendment Rules will commence on the day after this instrument is registered on the Federal Register of Legislation.

Key Provisions

The Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment (Board Members) Rules 2019 (Amendment Rules) amend the existing Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016 (PGPA OPH Rule) by increasing the maximum number of other members on the Old Parliament House (OPH) Board from four to five, thereby allowing for a total of up to eight Board members. This change ensures that the OPH Board continues to consist of the Board Chair, the Deputy Board Chair, the Director and up to five other members. The Amendment Rules came into effect the day after they were registered on the Federal Register of Legislation. The Amendment Rules impose specific requirements on the composition of the OPH Board. They mandate that the Board must now consist of up to five additional members, in addition to the existing Board Chair, Deputy Board Chair and Director, making a total of up to eight Board members. This change is intended to enhance the governance and management of OPH by providing a broader range of expertise and experience within the Board. There are no specific offences, penalties, or civil/criminal consequences outlined in the Amendment Rules for non-compliance with the requirements for Board membership. However, it is likely that failure to comply with the requirements of the PGPA Act or the PGPA OPH Rule could result in legal action or other consequences. The PGPA Act provides for various offences and penalties for non-compliance with its provisions, including fines and imprisonment. It is important for parties or entities governed by the Amendment Rules to ensure that they comply with all relevant requirements to avoid potential legal or other consequences.

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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.