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

Administered by Department of Finance

Legislation au F2019L01074 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 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 Rules 2019 (Amendment Rules) amend the PGPA OPH Rule to reflect the transfer of responsibility for OPH from the Communications and the Arts portfolio to the Prime Minister and Cabinet portfolio, as reflected in amendments to the Administrative Arrangements Order (AAO) made by the Governor-General on 8 August 2019. The AAO amendments, which establish responsibility for OPH in the Prime Minister and Cabinet portfolio, will take effect from 1 September 2019.

 

The Amendment Rules replace references to ‘Arts Minister’ with ‘Minister’ who will be defined as the responsible Minister for OPH. The portfolio responsibility for OPH will be determined by the AAO. These amendments will remove the need to update references to the responsible Minister for OPH to reflect future changes to portfolio responsibility for OPH in the AAO. The Amendment Rules will commence on 1 September 2019.

 

The Amendment Rules also include transitional provisions to remove doubt that existing directions or other decisions of the Arts Minister, made prior to 1 September 2019, are taken to be directions or decisions of the responsible Minister for OPH. The Arts Minister is defined as the Minister administering the National Portrait Gallery of Australia Act 2012.

 

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, the Department of Communications and the Arts, and the Department of the Prime Minister and Cabinet.

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

 

Section 2 – Commencement 

This section provides that this instrument commences on 1 September 2019.

 

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 – Section 6 (definition of Arts Minister)

 

This item repeals the definition of ‘Arts Minister’ from section 6 of the PGPA OPH Rule. Prior to these amendments, the Arts Minister was the responsible Minister for Old Parliament House (OPH). 

 

Item 2 – Section 6 (definition of Department)

 

This item replaces the reference to ‘Arts Minister’ with the reference to ‘Minister’ in the definition of ‘Department’ in section 6 of the PGPA OPH Rule.

 

Item 3 – Section 6

 

This item inserts the definition of ‘Minister’ in section 6 of the PGPA OPH Rule to mean the responsible Minister for OPH. The portfolio responsibility for OPH will be determined by the Administrative Arrangements Order.

 

Item 4 – Section 7

 

This item repeals section 7 of the PGPA OPH Rule which defined the Arts Minister as responsible for OPH for paragraph 87(n) of the PGPA Act. The section is obsolete as the new definition of ‘Minister’ in section 6 of the PGPA OPH Rule identifies the responsible Minister for OPH for paragraph 87(n) of the PGPA Act.

 

Items 5 and 6

 

Items 5 and 6 amend subsection 8(2) and paragraph 9(d) of the PGPA OPH Rule to replace references to ‘Arts Minister’ with references to ‘Minister’.

 

Item 7 – Section 11 (heading)

 

This item repeals the heading of section 11 of the PGPA OPH Rule, and substitutes it with the heading ‘11  Minister may give directions to OPH’.

 

Items 8 to 22

 

Items 8 to 22 amend relevant sections, subsections and paragraphs of the PGPA OPH Rule to replace references to ‘Arts Minister’ with references to ‘Minister’.

 

Item 23 – Part 7 (heading)

 

This item repeals the heading of part 7 of the PGPA OPH Rule, and substitutes it with the heading ‘Part 7 – Initial transitional matters’.

 

Items 24 and 25

 

Items 24 and 25 amend subparagraphs 54(1)(b)(i) and 55(1)(b)(i) and subsection 62(3) of the PGPA OPH Rule to replace references to ‘Arts Minister’ with references to ‘Minister’.

 

Item 26 – After Part 7

 

This item inserts a new part 8 in the PGPA OPH Rule to deal with transitional matters following the commencement of the Amendment Rules on 1 September 2019. A new section 65 in the PGPA OPH Rule clarifies that any existing directions or decisions made by the Arts Minister before 1 September 2019 are taken to be directions or decisions of the responsible Minister for OPH. The Arts Minister is defined as the Minister administering the National Portrait Gallery of Australia Act 2012.

 

 

 

 

 

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 Rules 2019

 

The Public Governance, Performance and Accountability Amendment (Establishing Old Parliament House) Amendment 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 Rules 2019 (Amendment Rules) amend the PGPA OPH Rule to reflect the transfer of responsibility for OPH from the Communications and the Arts portfolio to the Prime Minister and Cabinet portfolio, as reflected in amendments to the Administrative Arrangements Order (AAO) made by the Governor-General on 8 August 2019. The AAO amendments, which establish responsibility for OPH in the Prime Minister and Cabinet portfolio, will take effect from 1 September 2019.

 

The Amendment Rules replace references to ‘Arts Minister’ with ‘Minister’ who will be defined as the responsible Minister for OPH. The portfolio responsibility for OPH will be determined by the AAO. These amendments will remove the need to update references to the responsible Minister for OPH to reflect future changes to portfolio responsibility for OPH in the AAO. The Amendment Rules will commence on 1 September 2019.

 

The Amendment Rules also include transitional provisions to remove doubt that existing directions or other decisions of the Arts Minister, made prior to 1 September 2019, are taken to be directions or decisions of the responsible Minister for OPH. The Arts Minister is defined as the Minister administering the National Portrait Gallery of Australia Act 2012.

 

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 Rules 2019 were introduced to address the need for legislative updates following the transfer of responsibility for Old Parliament House (OPH) from the Communications and the Arts portfolio to the Prime Minister and Cabinet portfolio. This change was formalised in amendments to the Administrative Arrangements Order made by the Governor-General on 8 August 2019. The rules, enacted under the Public Governance, Performance and Accountability Act 2013, amend the Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016 to reflect this shift in responsibility. These amendments, which took effect on 1 September 2019, include the replacement of references to the 'Arts Minister' with 'Minister', who will be defined as the responsible Minister for OPH, as determined by the Administrative Arrangements Order. The Amendment Rules also include transitional provisions to ensure that any directions or decisions made by the Arts Minister before the effective date are considered as actions of the responsible Minister for OPH, thereby maintaining continuity and clarity in governance. The rules were developed in consultation with relevant stakeholders and are compatible with human rights as they do not raise any human rights issues. They provide a streamlined mechanism for future changes in portfolio responsibility without requiring further legislative amendments.

Scope and Application

The Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment Rules 2019 amend the Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016, which was made under the Public Governance, Performance and Accountability Act 2013. These rules establish Old Parliament House as a corporate Commonwealth entity and provide for its purpose, functions, powers, Board, staffing, and financial arrangements. The Amendment Rules update the rule to reflect the transfer of responsibility for Old Parliament House from the Communications and the Arts portfolio to the Prime Minister and Cabinet portfolio. They replace references to 'Arts Minister' with 'Minister', defined as the responsible Minister for Old Parliament House, with portfolio responsibility determined by the Administrative Arrangements Order. The Amendment Rules also include transitional provisions to ensure that existing directions or decisions made by the Arts Minister before 1 September 2019 are recognised as decisions of the responsible Minister for Old Parliament House. The Amendment Rules are compatible with human rights as they do not raise any human rights issues. The Amendment Rules apply to Old Parliament House as a corporate Commonwealth entity and the responsible Minister for Old Parliament House, as determined by the Administrative Arrangements Order. They have a national jurisdictional reach as they amend rules made under a Commonwealth Act. The Amendment Rules extend the application of the PGPA OPH Rule through subordinate instruments by amending it to reflect changes in portfolio responsibility for Old Parliament House. There are no stated exclusions, exemptions, or thresholds in the Amendment Rules.

Key Provisions

The Public Governance, Performance and Accountability (Establishing Old Parliament House) Amendment Rules 2019 (Amendment Rules) amend the Public Governance, Performance and Accountability (Establishing Old Parliament House) Rule 2016 (PGPA OPH Rule). The PGPA OPH Rule established Old Parliament House (OPH) as a corporate Commonwealth entity and outlined its purpose, functions, powers, Board, staffing, and financial arrangements. The Amendment Rules update the PGPA OPH Rule to reflect the transfer of responsibility for OPH from the Communications and the Arts portfolio to the Prime Minister and Cabinet portfolio. The Amendment Rules replace references to ‘Arts Minister’ with ‘Minister’, who will be defined as the responsible Minister for OPH. The portfolio responsibility for OPH will be determined by the Administrative Arrangements Order (AAO). These amendments remove the need to update references to the responsible Minister for OPH to reflect future changes to portfolio responsibility for OPH in the AAO. The Amendment Rules also include transitional provisions to ensure that existing directions or decisions made by the Arts Minister before 1 September 2019 are taken to be directions or decisions of the responsible Minister for OPH. The Amendment Rules will commence on 1 September 2019. The Amendment Rules impose several obligations on the relevant entities. First, they require the responsible Minister for OPH to be defined in accordance with the AAO. Second, they require that any directions or decisions made by the Arts Minister before 1 September 2019 are considered to be made by the responsible Minister for OPH. Third, they require that all references to ‘Arts Minister’ in the PGPA OPH Rule be replaced with ‘Minister’ to reflect the new portfolio responsibility for OPH. These obligations ensure that the governance and management of OPH are aligned with the current administrative arrangements. Breaches of the Amendment Rules may have legal consequences. However, the Amendment Rules themselves do not specify any offences, penalties, or civil or criminal consequences for non-compliance. The PGPA Act and other relevant legislation may provide for offences and penalties for non-compliance with the rules and directions made under the Act. For example, section 118 of the PGPA Act provides for a maximum penalty of 500 penalty units (approximately AUD 75,000) for non-compliance with a direction given by the responsible Minister for OPH. It is important to note that the consequences of non-compliance may vary depending on the specific circumstances of the breach and the relevant legislation. In conclusion, the Amendment Rules update the PGPA OPH Rule to reflect the transfer of responsibility for OPH from the Communications and the Arts portfolio to the Prime Minister and Cabinet portfolio. The Amendment Rules impose obligations on the responsible Minister for OPH and require that any directions or decisions made by the Arts Minister before 1 September 2019 be considered to be made by the responsible Minister for OPH. While the Amendment Rules themselves do not specify any offences, penalties, or civil or criminal consequences for non-compliance, breaches of the rules and directions made under the PGPA Act may have legal 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.