Public Governance, Performance and Accountability (Relevant Company) Rule 2016

Administered by Department of Finance

Legislation au F2016L01626 Rules In force Legislative Instrument

Legislation content

Public Governance, Performance and Accountability (Relevant Company) Rule 2016

made under the

Public Governance, Performance and Accountability Act 2013

Compilation No. 8

Compilation date: 7 May 2026

Includes amendments: F2026L00521

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Relevant Company) Rule 2016 that shows the text of the law as amended and in force on 7 May 2026 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Presentational changes

The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Name

3 Authority

4 Definitions

5 Relevant company

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

1  Name

  This instrument is the Public Governance, Performance and Accountability (Relevant Company) Rule 2016.

3  Authority

  This instrument is made under the Public Governance, Performance and Accountability Act 2013.

4  Definitions

  In this instrument:

  Act means the Public Governance, Performance and Accountability Act 2013.

5  Relevant company

  For the purposes of subsection 85(2) of the Act, a company is a relevant company if:

 (a) it is of a kind mentioned in column 2 of an item in the following table; and

 (b) its objects or proposed activities are of a kind mentioned in column 3 of the item.

 

Relevant companies

Column 1

Column 2

Column 3

Item

Kind of company

The company’s objects or proposed activities

1

A company limited by shares

To conduct worldleading quantum computing research by:

(a) developing and commercialising a prototype 10qubit silicon quantum integrated circuit; and

(b) developing and commercialising applications of the prototype, including for use and exploitation in the development and applications of a siliconbased quantum computer and associated intellectual property

3

A company limited by shares

To manage infrastructure to support current and future shipbuilding and submarine programs

4

A company limited by guarantee

To undertake research on, and develop, technologies relevant to Australia’s defence and national security sectors

5

A company limited by shares or guarantee

To assist with the performance of the functions, or the exercise of the powers, of:

(a) an intelligence or security agency; or

(b) a listed law enforcement agency

6

A company limited by shares

To develop and maintain sovereign ship design and construction capabilities and to undertake shipbuilding projects and related activities

7

A company limited by shares

To:

(a) own, operate and maintain a fibre optic cable system between the following places:

(i) Sydney, Australia;

(ii) Port Moresby, Papua New Guinea;

(iii) Honiara, Solomon Islands; and

(b) make the fibre optic cable system available in the telecommunications markets in Papua New Guinea and Solomon Islands

8

A company limited by guarantee

To strengthen the national education evidence base for school and early childhood education, including through:

(a) collaborating with government, the school and early childhood education sector, the vocational education and training sector, the highereducation and research sector and philanthropic organisations; and

(b) developing and implementing a national agenda relating to research; and

(c) mobilising highquality resources for school and early childhood education; and

(d) supporting teaching and learning in school and early childhood education

9

A company limited by shares

To:

(a) undertake research on, design, manufacture, assemble, develop, support, maintain and provide other services in relation to radar and communications systems and products:

(i) for Australia’s defence and national security; or

(ii) to be exported;

 and to undertake related activities; or

(b) acquire and hold shares in a company with these objects.

10

A company limited by shares

To:

(a) design, build, commission, operate or undertake activities related to; or

(b) acquire and hold interests in entities that are responsible for designing, building, commissioning, operating or undertaking activities related to;

a high voltage electricity interconnector between Tasmania and Victoria.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

ed = editorial change

rep = repealed

exp = expires/expired or ceases/ceased to have

rs = repealed and substituted

effect

s = section(s)/subsection(s)

gaz = gazette

/rule(s)/subrule(s)/order(s)/suborder(s)

LA = Legislation Act 2003

sch = Schedule(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md) = misdescribed amendment can be given

SR = Statutory Rules

effect

sub ch = SubChapter(s)

(md not incorp) = misdescribed amendment

sub div = Subdivision(s)

cannot be given effect

sub pt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Relevant Company) Rule 2016

18 Oct 2016 (F2016L01626)

19 Oct 2016 (s 2(1) item 1)

 

Public Governance, Performance and Accountability (Relevant Company) Amendment (2017 Measures No. 1) Rules 2017 

24 Mar 2017 (F2017L00294)

25 Mar 2017 (s 2(1) item 1)

Public Governance, Performance and Accountability (Relevant Company) Amendment (2017 Measures No. 2) Rules 2017

20 July 2017 (F2017L00935)

21 July 2017 (s 2(1) item 1)

Public Governance, Performance and Accountability (Relevant Company) Amendment (2017 Measures No. 3) Rules 2017

23 Oct 2017 (F2017L01381)

24 Oct 2017 (s 2(1) item 1)

Public Governance, Performance and Accountability (Relevant Company) Amendment (2018 Measures No. 1) Rules 2018

25 Sept 2018 (F2018L01340)

26 Sept 2018 (s 2(1) item 1)

Public Governance, Performance and Accountability (Relevant Company) Amendment (2019 Measures No. 1) Rules 2019

25 Mar 2019 (F2019L00388)

26 Mar 2019 (s 2(1) item 1)

Public Governance, Performance and Accountability (Relevant Company) Amendment (2020 Measures No. 1) Rules 2020

28 Sept 2020 (F2020L01234)

29 Sept 2020 (s 2(1) item 1)

Public Governance, Performance and Accountability (Relevant Company) Amendment (2023 Measures No. 1) Rules 2023

26 Apr 2023 (F2023L00463)

27 Apr 2023 (s 2(1) item 1)

Public Governance, Performance and Accountability (Relevant Company) Amendment (2026 Measures No. 1) Rules 2026

6 May 2026 (F2026L00521)

7 May 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 5.....................

am F2017L00294; F2017L00935; F2017L01381; F2018L01340; F2019L00388; F2020L01234; F2023L00463; F2026L00521

 

Overview

The Public Governance, Performance and Accountability (Relevant Company) Rule 2016, made under the Public Governance, Performance and Accountability Act 2013, provides a framework for identifying companies that engage in activities of significant national importance, thereby ensuring that these companies are subject to heightened scrutiny and regulation. This legislation was introduced to address the gap in effectively overseeing and regulating companies that operate in sectors critical to national security, economic stability, and infrastructure development. The enacting body is the Parliament of Australia, with the policy objective of ensuring that relevant companies are adequately monitored and managed to safeguard public interests and national security. The rules define which types of companies and activities qualify as "relevant" and outline the criteria for their identification and regulation.

Scope and Application

The Public Governance, Performance and Accountability (Relevant Company) Rule 2016, made under the Public Governance, Performance and Accountability Act 2013, applies to specific companies that are deemed 'relevant' based on their type and the nature of their activities. This rule identifies companies that fall under the category of 'relevant company' if they match the criteria outlined in the rule, such as companies limited by shares or guarantee engaged in quantum computing research, defence-related technologies, infrastructure management for shipbuilding and submarine programs, or other activities critical to national security and infrastructure. These relevant companies are subject to additional governance, performance, and accountability requirements as stipulated by the Act. The rule has a Commonwealth jurisdictional reach, applying across Australia and potentially extending to international activities that impact national security or infrastructure. The rule has been subject to amendments through subordinate instruments over the years, reflecting evolving national priorities and governance standards. These amendments have refined the scope and application of the rule, ensuring it remains relevant and effective in addressing contemporary challenges.

Key Provisions

The Public Governance, Performance and Accountability (Relevant Company) Rule 2016, as amended, provides detailed criteria for determining which companies are considered "relevant companies" under the Public Governance, Performance and Accountability Act 2013 (the "Act"). These companies are those whose objects or activities pertain to significant national interests, such as quantum computing research, defence and national security technologies, infrastructure for shipbuilding and submarine programs, and sovereign ship design and construction capabilities, among others. A company qualifies as a relevant company if it meets the criteria set out in the Rule, specifically if it is of a type listed in the specified table and its objects or proposed activities align with those listed (Rule 5). The Rule imposes specific obligations on relevant companies, including compliance with governance, performance, and accountability requirements as prescribed by the Act. Relevant companies must ensure they adhere to these requirements, which may include maintaining proper records, providing regular reports, and meeting certain performance benchmarks that are relevant to their activities. Failure to comply with these obligations can lead to various repercussions, including potential sanctions or revocation of certain privileges or authorisations granted by the government. Breaches of the requirements set out in the Act and the Rule can result in significant consequences. Under the Act, relevant companies may face civil penalties for non-compliance, which can include fines up to a substantial amount as determined by the court. Additionally, individuals who are officers or directors of a relevant company that fails to comply with the Act or the Rule can also face personal penalties, including fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach, with the Act providing for escalating penalties for repeated or serious breaches.

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Area of Law
Corporate Law & Governance
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
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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.