Overview

The Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 was introduced to address the policy of situating corporate Commonwealth entities with agricultural responsibilities in regional communities. Enacted under the authority of the Public Governance, Performance and Accountability Act 2013, the order was issued by the Minister for Finance to ensure these entities are located within 10 kilometres by road of a regional university recognised for agricultural science research and teaching. This strategic placement aims to foster collaboration between the entities and academic institutions, enhancing policy development and regulatory practices. The order specifies that these entities must be located in regional communities, defined as those not within 150 kilometres by road of Canberra or a state capital, and applies to the Agricultural Pesticides and Veterinary Medicines Authority. The order ensures compliance with human rights as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011, with no infringements on applicable rights or freedoms identified.

Scope and Application

The Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 applies a policy of the Australian Government that mandates corporate Commonwealth entities with agricultural policy or regulatory responsibilities to be situated in a regional community, specifically within 10 kilometres by road of the main campus of a regional university recognised for research and teaching in the field of agricultural science. This policy applies solely to the Agricultural Pesticides and Veterinary Medicines Authority, a corporate Commonwealth entity, and is designed to ensure that such entities are strategically placed to facilitate effective collaboration with academic institutions in the agricultural sciences sector. A "regional community" is defined under the Order as any community not within 150 kilometres by road of Canberra or the capital city of a state. The Order is a legislative instrument made under section 22 of the Public Governance, Performance and Accountability Act 2013, and it is important to note that section 42 (disallowance) of the Legislation Act 2003 does not apply to it. The Order will commence on the day following its registration on the Federal Register of Legislation. The Order explicitly states its compatibility with human rights, as affirmed by the Statement of Compatibility with Human Rights, which asserts that the Order does not infringe upon any rights or freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The Order's implementation is intended to enhance the operational efficiency and collaborative potential of the APVMA by aligning it closely with academic research and teaching hubs in agricultural sciences.

Key Provisions

The Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 (the order) is a legislative instrument made under the Public Governance, Performance and Accountability Act 2013 (PGPA Act). Specifically, section 4(1) of the order mandates that a corporate Commonwealth entity with agricultural policy or regulatory responsibilities must be situated in a regional community and within 10 kilometres by road of the main campus of a regional university recognised for research and teaching in agricultural science. A "regional community" is defined as any community that is not within 150 kilometres by road of Canberra or the capital city of a State (section 4(2)). This policy applies solely to the Australian Pesticides and Veterinary Medicines Authority (APVMA) (section 5). The order imposes specific obligations on the APVMA, mandating that it must relocate or establish its headquarters in compliance with the defined criteria. This means that the APVMA must ensure its location aligns with the policy outlined in section 4, thereby facilitating its proximity to both a regional community and an agricultural science university. Additionally, the order requires the APVMA to report on its compliance with these location requirements, ensuring transparency and accountability in its adherence to the policy. Breaches of the order may lead to various consequences. While the order itself does not explicitly detail penalties for non-compliance, the PGPA Act generally outlines provisions for enforcement. Non-compliance with PGPA Act policies could result in civil or criminal penalties, including fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions that may apply. The order's compatibility with human rights, as affirmed in the Statement of Compatibility with Human Rights, indicates that it does not infringe upon any fundamental rights or freedoms, thereby reducing the likelihood of human rights-based challenges to its enforcement.