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This is a Bill, not an Act. For current law, see the Acts databases.
FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 1) 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Financial Framework Legislation
Amendment Bill (No. 1) 2011
No. , 2011
(Finance and Deregulation)
A Bill for an Act to amend the law relating to the
Commonwealth's financial framework and
governance arrangements, and for related purposes
i Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Commonwealth Authorities
and Companies Act 1997
3
Schedule 2--Amendment of the Financial Management and
Accountability Act 1997
4
Schedule 3--Amendment of the Legislative Instruments Act
2003
5
Schedule 4--Amendment of the Primary Industries (Excise)
Levies Act 1999
6
Schedule 5--Amendment of the Renewable Energy (Electricity)
Act 2000
7
Schedule 6--Amendment of the Science and Industry Research
Act 1949
8
Schedule 7--Amendment of the Wheat Export Marketing Act
2008
9
Schedule 8--Amendment of the Wine Australia Corporation
Act 1980
10
Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011 1
A Bill for an Act to amend the law relating to the
1
Commonwealth's financial framework and
2
governance arrangements, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Financial Framework Legislation
6
Amendment Act (No. 1) 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 12 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
3. Schedule 2
A day or days to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 12 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
4. Schedule 3
Immediately after the commencement of
item 1 of Schedule 2 to this Act.
5. Schedules 4
and 5
The day this Act receives the Royal Assent.
6. Schedules 6 to
8
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendment of the Commonwealth Authorities and Companies Act 1997 Schedule 1
Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011 3
Schedule 1--Amendment of the
1
Commonwealth Authorities and
2
Companies Act 1997
3
4
1 Subsection 17(4)
5
Omit "in subsection (6)", substitute "specified in the regulations for the
6
purposes of subsection (6)".
7
2 Subsection 17(6)
8
Repeal the subsection, substitute:
9
(6) The plan must include details of matters (so far as they are
10
applicable) specified in the regulations for the purposes of this
11
subsection.
12
3 Subsection 17(7)
13
Omit "in subsection (6)", substitute "specified in the regulations for the
14
purposes of subsection (6)".
15
4 Subsection 42(4)
16
Omit "in subsection (6)", substitute "specified in the regulations for the
17
purposes of subsection (6)".
18
5 Subsection 42(6)
19
Repeal the subsection, substitute:
20
(6) The plan must include details of matters (so far as they are
21
applicable) specified in the regulations for the purposes of this
22
subsection.
23
6 Subsection 42(7)
24
Omit "in subsection (6)", substitute "specified in the regulations for the
25
purposes of subsection (6)".
26
7 Application of amendments made by this Schedule
27
The amendments made by this Schedule apply in respect of a corporate
28
plan prepared on or after the commencement of this item.
29
30
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
4 Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011
Schedule 2--Amendment of the Financial
1
Management and Accountability Act
2
1997
3
4
1 At the end of section 20
5
Add:
6
Sunsetting and disallowance
7
(6) A determination made under subsection (1) or (2) is a legislative
8
instrument, but Part 6 (sunsetting) of the Legislative Instruments
9
Act 2003 does not apply to the determination.
10
Note:
See section 22 for tabling and disallowance of a determination made
11
under subsection (1) or (2).
12
(7) A determination made under subsection (3) is a legislative
13
instrument, but neither section 42 (disallowance) nor Part 6
14
(sunsetting) of the Legislative Instruments Act 2003 applies to the
15
determination.
16
2 Paragraph 46(1)(b)
17
Omit "and the internal and external auditors of the Agency", substitute
18
", the internal auditors of the Agency and the Auditor-General".
19
3 At the end of section 52
20
Add:
21
(3) An instruction is a legislative instrument, but neither section 42
22
(disallowance) nor Part 6 (sunsetting) of the Legislative
23
Instruments Act 2003 applies to the instruction.
24
4 Subsection 64(3)
25
Repeal the subsection, substitute:
26
(3) A guideline is a legislative instrument, but neither section 42
27
(disallowance) nor Part 6 (sunsetting) of the Legislative
28
Instruments Act 2003 applies to the guideline.
29
30
Amendment of the Legislative Instruments Act 2003 Schedule 3
Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011 5
Schedule 3--Amendment of the Legislative
1
Instruments Act 2003
2
3
1 Subsection 44(2) (table items 19, 20 and 21)
4
Repeal the items.
5
2 Subsection 54(2) (table items 17, 18 and 19)
6
Repeal the items.
7
8
Schedule 4 Amendment of the Primary Industries (Excise) Levies Act 1999
6 Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011
Schedule 4--Amendment of the Primary
1
Industries (Excise) Levies Act 1999
2
3
1 Clause 1 of Schedule 6 (definition of Australian Bureau of
4
Agricultural and Resource Economics)
5
Repeal the definition.
6
7
Amendment of the Renewable Energy (Electricity) Act 2000 Schedule 5
Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011 7
Schedule 5--Amendment of the Renewable
1
Energy (Electricity) Act 2000
2
3
1 Paragraph 132(1)(c)
4
Repeal the paragraph, substitute:
5
(c) an officer of that part of the Agriculture Department known
6
as the Australian Bureau of Agricultural and Resource
7
Economics and Sciences (ABARES) for the purposes of the
8
performance of any of ABARES's functions or the exercise
9
of any of ABARES's powers; or
10
2 Application
11
Despite the amendment of paragraph 132(1)(c) of the Renewable
12
Energy (Electricity) Act 2000 by item 1 of this Schedule, that paragraph
13
continues to apply, in relation to a divulgence or communication before
14
the commencement of that item, as if that amendment had not been
15
made.
16
17
Schedule 6 Amendment of the Science and Industry Research Act 1949
8 Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011
Schedule 6--Amendment of the Science and
1
Industry Research Act 1949
2
3
1 Subsection 51(2)
4
Omit "(2)".
5
Note:
This item removes a redundant subsection number.
6
2 At the end of paragraphs 51(2)(a), (b) and (c)
7
Add "and".
8
3 Paragraph 51(2)(d)
9
Omit "year; and", substitute "year.".
10
4 Paragraph 51(2)(e)
11
Repeal the paragraph.
12
5 Application of amendment made by item 4
13
The amendment made by item 4 of this Schedule applies in respect of a
14
report under section 9 of the Commonwealth Authorities and
15
Companies Act 1997 for a financial year starting on or after 1 July 2011.
16
17
Amendment of the Wheat Export Marketing Act 2008 Schedule 7
Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011 9
Schedule 7--Amendment of the Wheat Export
1
Marketing Act 2008
2
3
1 Section 59
4
Repeal the section, substitute:
5
59 Credits to the Wheat Exports Australia Special Account
6
There must be credited to the Wheat Exports Australia Special
7
Account amounts equal to the following:
8
(a) the wheat export charge amounts received by the
9
Commonwealth;
10
(b) amounts received by way of fees referred to in section 10;
11
(c) any other amounts received for any purpose of the Wheat
12
Exports Australia Special Account.
13
Note:
An Appropriation Act may contain a provision to the effect that, if any
14
of the purposes of a Special Account is a purpose that is covered by an
15
item in the Appropriation Act (whether or not the item expressly refers
16
to the Special Account), then amounts may be debited against the
17
appropriation for that item and credited to that Special Account.
18
2 Application of amendment made by item 1
19
The amendment made by item 1 of this Schedule applies in respect of
20
an amount received on or after the commencement of that item.
21
22
Schedule 8 Amendment of the Wine Australia Corporation Act 1980
10 Financial Framework Legislation Amendment Bill (No. 1) 2011 No. , 2011
Schedule 8--Amendment of the Wine
1
Australia Corporation Act 1980
2
3
1 Subsection 31G(1)
4
Repeal the subsection, substitute:
5
(1) The Corporation must cause a copy of an annual operational plan
6
prepared under section 31F to be given to the Minister:
7
(a) at least 2 months before the start of the period to which the
8
plan relates; or
9
(b) by such later time (whether before or after the start of the
10
period to which the plan relates) as the Minister, in
11
exceptional circumstances, allows.
12
2 Clause 5 of the Schedule
13
Repeal the clause, substitute:
14
5 Term of office
15
A member holds office for the period specified in the instrument of
16
appointment. The period must not exceed 3 years.
17
3 Application of amendment made by item 2
18
The amendment made by item 2 of this Schedule applies in relation to
19
the appointment of a member made after the commencement of that
20
item.
21