Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024

Administered by Department of Finance

Legislation au F2024L00608 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Act 2013

 

Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024

 

Legislative Authority

 

Section 22 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provides the Finance Minister with the authority to make a government policy order that specifies a policy of the Australian Government that is to apply in relation to one or more corporate Commonwealth entities.

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that a power in an Act to make a legislative instrument includes the power to repeal or amend the instrument, subject to any conditions that apply to the initial power.

 

Purpose

 

The purpose of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024 (the Repeal Order) is to repeal the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016.

 

Background

 

The Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 (the Order) was made under section 22 of the PGPA Act in 2016. The Order requires corporate Commonwealth entities with agricultural policy or regulatory responsibilities to be located in a regional community and within 10 kilometres by road of the main campus of a regional university that is recognised for research and teaching in the field of agricultural science. The Order applies only to the Agricultural Pesticides and Veterinary Medicines Authority (APVMA), a corporate Commonwealth entity.

 

The APVMA is the statutory authority responsible for the regulation of agricultural chemicals and veterinary medicines in Australia. The repeal of the Order was recommended by the final report on future structure and governance arrangements for the APVMA , which reported to government in late 2023 The government announced it supported this recommendation on 17 April 2024.

 

Impact and Effect

 

The repeal of the Order will allow the APVMA Board and Chief Executive Officer to make decisions on staff and office locations that best suit the APVMA’s operational needs. Repealing the Order will bring the APVMA into line with other corporate Commonwealth entities and, as a Statutory Agency for Public Service Act 1999, the Australian Public Service standards, by enabling the APVMA to make decisions on staff and office locations that best suit its needs and will assist its recruitment efforts.

 

Consultation

 

In accordance with subsection 22(2) of the PGPA Act, which provides for a condition to exercise the power under subsection 22(1), the Finance Minister is satisfied that the Minister responsible for the policy has consulted with the relevant corporate Commonwealth entity on the application of the policy. In particular, the Minister for Agriculture, Fisheries and Forestry (Agriculture Minister) has consulted the APVMA. The Chair of the APVMA Board and the Chief Executive Officer of the APVMA wrote to the Agriculture Minister on 22 April 2024 to support the proposed repeal of the Order. In addition, the Agriculture Minister has consulted the Community and Public Sector Union (CPSU). The CPSU wrote to the Agriculture Minister on 29 April 2024 advising that CPSU members at the APVMA support the proposed repeal of the Order.

 

The Department of Agriculture, Fisheries and Forestry has also been consulted.

 

Given the repeal of the Order will not have regulatory impacts to the APVMA, the Office of Impact Analysis was not consulted.

 

Details/ Operation

 

The Repeal Order repeals the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016. The Repeal Order is a legislative instrument for the purposes of the Legislation Act 2003. Section 42 (disallowance) of the Legislation Act 2003 does not apply to it.

 

The Repeal Order commences the day after registration on the Federal Register of Legislation.

 

Other

 

Subsection 22(4) of the PGPA Act provides that a government policy order is a legislative instrument but that section 42 of the Legislation Act 2003 does not apply to it. As the Repeal Order is not subject to disallowance, a Statement of Compatibility with Human Rights is not required (subsection 15J(2)) of the Legislation Act 2003 refers.

 

The repeal of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 removes the restrictions on where the APVMA must be located, and enables the APVMA to recruit staff to any suitable location in line with its operational requirements. It does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.

Details of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024

 

 

 

 

 

Section 1 – Name

 

This section provides that the name of the instrument is the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024 (the Repeal Order).

 

Section 2 – Commencement

 

This section provides for the commencement of the Repeal Order. Subsection 2(1) provides that each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table.

 

Item 1 of the table under subsection 2(1) provides that the whole of this instrument commences on the day after the instrument is registered on the Federal Register of Legislation.

 

Subsection 2(2) provides that any information in column 3 of the table is not part of this instrument.

 

Section 3 – Authority

 

This section provides that the instrument is made under subsection 22(1) of the Public Governance, Performance and Accountability Act 2013.

 

Section 4 – Schedules

 

This section provides for the amendment or repeal of instruments as set out in a Schedule to the instrument. This section is a technical provision that enables the repeal of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 (the Order) (see Schedule 1 below).

 


Schedule 1 – Repeals

 

Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016

 

Item [1] – The whole of the instrument

 

This item provides that the whole of the Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 is repealed.

Overview

The Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024 was enacted to address the need for the Agricultural Pesticides and Veterinary Medicines Authority (APVMA) to have flexibility in determining its office locations. This repeal order was introduced under section 22 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) and was made by the Minister for Finance. The policy objective of this repeal is to allow the APVMA to make decisions on staff and office locations that best suit its operational needs, thereby aligning it with other corporate Commonwealth entities and the standards set by the Statutory Agency for Public Service Act 1999. The repeal of the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 removes the previous requirement that the APVMA must be located in a regional community and 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 change is intended to assist the APVMA in its recruitment efforts and to provide greater operational flexibility.

Scope and Application

The Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024 is a legislative instrument made under section 22 of the Public Governance, Performance and Accountability Act 2013. It applies specifically to the Agricultural Pesticides and Veterinary Medicines Authority (APVMA), a corporate Commonwealth entity responsible for the regulation of agricultural chemicals and veterinary medicines in Australia. The Repeal Order repeals the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016, which previously required the APVMA to be located in a regional community and within 10 kilometres by road of the main campus of a regional university recognised for research and teaching in the field of agricultural science. By repealing the 2016 Order, the APVMA is now free to make decisions on staff and office locations that best suit its operational needs, aligning with other corporate Commonwealth entities and Australian Public Service standards. This change facilitates better recruitment efforts for the APVMA and reflects recommendations from the final report on future structure and governance arrangements for the APVMA, which was reported to government in late 2023. The Repeal Order is not subject to disallowance and does not require a Statement of Compatibility with Human Rights as it does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies.

Key Provisions

The Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Repeal Order 2024 (the Repeal Order) primarily serves to repeal the Public Governance, Performance and Accountability (Location of Corporate Commonwealth Entities) Order 2016 (the Order) (section 1). This repeal allows the Agricultural Pesticides and Veterinary Medicines Authority (APVMA), a corporate Commonwealth entity, to make decisions on its staff and office locations without the previous restriction of being situated in a regional community and within 10 kilometres by road of a main campus of a regional university recognised for research and teaching in the field of agricultural science (section 4, Schedule 1). This change is intended to align the APVMA with other corporate Commonwealth entities and Australian Public Service standards, enabling it to make location decisions that best suit its operational needs (section 1). The Repeal Order imposes a significant change on the APVMA by removing the specific location restrictions previously mandated by the Order (section 4, Schedule 1). This shift in policy allows the APVMA to determine its office locations based on operational requirements rather than being bound by geographical constraints (section 4, Schedule 1). The APVMA is expected to leverage this newfound flexibility to enhance its operational efficiency and recruitment efforts, aligning with broader Australian Public Service standards (section 1). Failure to comply with the provisions of the Repeal Order may not result in direct legal penalties, given that the Repeal Order does not introduce new regulatory requirements. However, the APVMA must ensure that any new location decisions align with the operational needs and standards set forth by the Australian Public Service Act 1999. Any significant deviations from these standards could potentially lead to scrutiny or review by relevant authorities (subsection 22(4) of the PGPA Act). In terms of civil or criminal consequences, the Repeal Order itself does not specify any penalties for non-compliance. However, if the APVMA fails to adhere to Australian Public Service standards, it could face administrative actions or oversight from the relevant authorities. The repeal of the Order does not affect any rights or freedoms to which the Human Rights (Parliamentary Scrutiny) Act 2011 applies, indicating that the Repeal Order operates within the bounds of existing human rights frameworks (subsection 15J(2) of the Legislation Act 2003).

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Order
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.