FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 2) 2005

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 ii

Contents

1 Short

title ...........................................................................................2

2 Commencement.................................................................................2

3 Schedule(s) ........................................................................................3

Schedule 1--Amendments relating to Special Accounts

Part 1--Aboriginal and Torres Strait Islander Act 2005

Part 2--Aboriginal Land (Lake Condah and Framlingham

Forest) Act 1987

Part 3--Australian Research Council Act 2001

Part 4--Child Support (Registration and Collection) Act 1988

Part 5--Gene Technology Act 2000

Part 6--Industrial Chemicals (Notification and Assessment)

Act 1989

Part 7--National Blood Authority Act 2003

Part 8--National Health and Medical Research Council Act

1992

Part 9--Natural Resources Management (Financial Assistance)

Act 1992

Schedule 2--Amendment of the Safety, Rehabilitation and

Compensation Act 1988

Schedule 3--Other amendments

Part 1--Aboriginal and Torres Strait Islander Act 2005

Part 2--Australian Institute of Marine Science Act 1972

Part 3--Financial Management and Accountability Act 1997

Part 4--Native Title Act 1993

Part 5--Public Accounts and Audit Committee Act 1951

Part 6--Public Service Act 1999

Part 7--Superannuation Act 1976

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 2

A Bill for an Act to amend Commonwealth

financial management legislation and other

financial and reporting provisions, and for other

purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Financial Framework Legislation

Amendment Act (No. 2) 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 3

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 after this Act receives the Royal

Assent.

2. Schedule 1

The day after this Act receives the Royal

Assent.

3. Schedule 2

The later of:

(a) 1 July 2006; and

(b) the day after this Act receives the Royal

Assent.

4. Schedule 3,

items 1 to 9

The day after this Act receives the Royal

Assent.

5. Schedule 3,

item 10

24 March 2005.

24 March 2005

6. Schedule 3,

items 11 to 37

The day after this Act receives the Royal

Assent.

7. Schedule 4

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1 Amendments relating to Special Accounts

Part 1 Aboriginal and Torres Strait Islander Act 2005

4 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Schedule 1--Amendments relating to Special

Accounts

Part 1--Aboriginal and Torres Strait Islander Act

2005

1 Subsection 4(1)

Insert:

Land Account means the Aboriginal and Torres Strait Islander

Land Account continued in existence by section 192W.

2 Subsection 4(1) (definition of Land Fund)

Repeal the definition.

3 Part 4A (heading)

Repeal the heading, substitute:

Part 4A--Indigenous Land Corporation and

Aboriginal and Torres Strait Islander Land

Account

4 Division 10 of Part 4A (heading)

Repeal the heading, substitute:

Division 10--Aboriginal and Torres Strait Islander Land

Account

5 Section 192W

Repeal the section, substitute:

192W Aboriginal and Torres Strait Islander Land Account

Land Account

(1) There is continued in existence the Aboriginal and Torres Strait

Islander Land Account.

Amendments relating to Special Accounts Schedule 1

Aboriginal and Torres Strait Islander Act 2005 Part 1

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 5

Note:

The Account was established by subsection 5(3) of the Financial

Management Legislation Amendment Act 1999.

(2) The Land Account is a Special Account for the purposes of the

Financial Management and Accountability Act 1997.

(3) So far as practicable, an amount standing to the credit of the Land

Account that is not required for the purpose of making payments

must be invested under section 39 of the Financial Management

and Accountability Act 1997.

(4) If income is received by the Commonwealth from the investment

of an amount standing to the credit of the Land Account, an

amount equal to the income must be credited to the Land Account.

6 Section 192X

Omit "Fund", substitute "Account".

Note:

The heading to section 192X is altered by omitting "Fund" and substituting "Account".

7 Subsection 192Z(2)

Omit "Fund", substitute "Account".

8 Subsections 193(1) and (2)

Omit "Fund" (wherever occurring), substitute "Account".

Note:

The heading to section 193 is altered by omitting "Fund" and substituting "Account".

9 Subsections 193(4) and (5)

Repeal the subsections.

10 Subsection 193AA(1)

Omit "Fund" (wherever occurring), substitute "Account".

Note:

The heading to section 193AA is altered by omitting "Fund" and substituting

"Account".

11 Subsections 193AA(4) and (5)

Repeal the subsections.

12 Subsections 193A(1) and (2)

Omit "Fund", substitute "Account".

Note:

The heading to section 193A is altered by omitting "Fund" and substituting "Account".

Schedule 1 Amendments relating to Special Accounts

Part 1 Aboriginal and Torres Strait Islander Act 2005

6 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

13 Subsections 193C(1) and (3)

Omit "Fund", substitute "Account".

Note:

The heading to section 193C is altered by omitting "Fund" and substituting "Account".

14 Subsection 193E(2)

Repeal the subsection, substitute:

Advance to be paid out of amount standing to the credit of the

Land Account

(2) An advance is to be debited and paid by the Commonwealth out of

the amount standing to the credit of the Land Account.

15 Subsection 193E(3) (note)

Repeal the note.

16 Subsections 193E(4) and (5)

Repeal the subsections, substitute:

Credits to Land Account

(4) If the Indigenous Land Corporation pays an amount under

subsection (3), an amount equal to that amount is to be credited to

the Land Account.

17 Subsections 193G(1) and (2A)

Omit "Fund" (wherever occurring), substitute "Account".

Note:

The heading to section 193G is altered by omitting "Fund" and substituting "Account".

18 Subsection 193H(1)

Omit "Fund", substitute "Account".

19 Section 193I

Omit "Fund" (wherever occurring), substitute "Account".

Note:

The heading to section 193I is altered by omitting "Fund" and substituting "Account".

Amendments relating to Special Accounts Schedule 1

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 Part 2

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 7

Part 2--Aboriginal Land (Lake Condah and

Framlingham Forest) Act 1987

20 Section 38

Repeal the section, substitute:

38 Aboriginal Advancement Account

(1) The Aboriginal Advancement Account is established for the

purpose of furthering the social and economic advancement of

Aboriginal people living in Victoria.

(2) The Account is a Special Account for the purposes of the Financial

Management and Accountability Act 1997.

(3) There must be credited to the Account amounts determined by the

regulations.

(4) Amounts standing to the credit of the Account must be debited

from the Account for the purposes of the making by the

Commonwealth of payments to further the social and economic

advancement of Aboriginal people living in Victoria.

(5) If interest is received by the Commonwealth from the investment

of an amount standing to the credit of the Account, an amount

equal to the interest must be credited to the Account.

38A Notional accounts within the Aboriginal Advancement Account

(1) The regulations may create separate notional accounts within the

Aboriginal Advancement Account in the name of particular

Aboriginal groups living in Victoria.

(2) Amounts determined in accordance with the regulations must be

credited to the notional accounts. To avoid doubt, amounts that

may be so determined include amounts required to be credited to

the Aboriginal Advancement Account under subsection 38(5).

(3) Amounts standing to the credit of a notional account must be

debited from the account for the purposes of the making by the

Commonwealth of payments to further the social and economic

Amendments relating to Special Accounts Schedule 1

Australian Research Council Act 2001 Part 3

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 9

Part 3--Australian Research Council Act 2001

21 Section 63

Repeal the section, substitute:

63 Credits to Account

Amounts that are given or bequeathed for the purposes of the

Account must be credited to the Account.

Note:

An Appropriation Act provides for amounts to be credited to a Special

Account if any of the purposes of the Account is a purpose that is

covered by an item in the Appropriation Act.

Schedule 1 Amendments relating to Special Accounts

Part 4 Child Support (Registration and Collection) Act 1988

10 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Part 4--Child Support (Registration and Collection)

Act 1988

22 Paragraph 74(1)(c)

Repeal the paragraph, substitute:

Account in making payments mentioned in paragraph

75(1)(c).

23 At the end of section 74

Add:

(3) If an amount would be credited to the Account under both

section 30 of the Financial Management and Accountability Act

1997 and paragraph (1)(c) of this section, the amount is to be

credited to the Account under whichever of those provisions first

applies.

24 Paragraph 75(1)(c)

Repeal the paragraph, substitute:

the purposes of this Act are payable to persons in respect of

child support.

Amendments relating to Special Accounts Schedule 1

Gene Technology Act 2000 Part 5

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 11

Part 5--Gene Technology Act 2000

25 Paragraph 130(1)(a)

Repeal the paragraph.

26 Paragraphs 130(1)(e) and (f)

Omit "money from the account", substitute "amounts standing to the

credit of the Account".

27 Paragraph 130(1)(g)

Omit "amounts paid out of the Account", substitute "amounts debited

from the Account".

28 At the end of subsection 130(1)

Add:

Note:

An Appropriation Act provides for amounts to be credited to a Special

Account if any of the purposes of the Account is a purpose that is

covered by an item in the Appropriation Act.

Schedule 1 Amendments relating to Special Accounts

Part 6 Industrial Chemicals (Notification and Assessment) Act 1989

12 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Part 6--Industrial Chemicals (Notification and

Assessment) Act 1989

29 Paragraph 100B(1)(a)

Repeal the paragraph.

30 At the end of subsection 100B(1)

Add:

Note:

An Appropriation Act provides for amounts to be credited to a Special

Account if any of the purposes of the Account is a purpose that is

covered by an item in the Appropriation Act.

Amendments relating to Special Accounts Schedule 1

National Blood Authority Act 2003 Part 7

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 13

Part 7--National Blood Authority Act 2003

31 Paragraph 41(a)

Repeal the paragraph.

32 At the end of section 41

Add:

Note:

An Appropriation Act provides for amounts to be credited to a Special

Account if any of the purposes of the Account is a purpose that is

covered by an item in the Appropriation Act.

Schedule 1 Amendments relating to Special Accounts

Part 8 National Health and Medical Research Council Act 1992

14 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Part 8--National Health and Medical Research

Council Act 1992

33 Subsection 52(1)

Omit "for Finance" (wherever occurring).

34 After subsection 82(1)

Insert:

(1A) The Minister may delegate to the Chief Executive Officer or to an

APS employee in the Department the power of the Minister to deal

with any money:

(a) held by the Minister on trust for the purposes of the Account;

(b) accepted by the Minister for the purposes of the Account

subject to a condition;

in accordance with the obligations of the Minister as trustee of the

trust or as the person who has accepted the money subject to the

condition, as the case may be.

(1B) However, the Minister must not delegate the power if doing so

would be inconsistent with the terms of the trust or with the

condition.

35 After subsection 82(4)

Insert:

(4A) In the case of a delegation under subsection (1A), the Minister

must not issue a direction that would be inconsistent with the terms

of the trust, or with the condition, mentioned in that subsection.

36 Transitional

If, immediately before the commencement of this item:

(a) money was held on trust by the Minister for Finance for the

purposes of the Account within the meaning of the National

Health and Medical Research Council Act 1992; or

(b) money that had been accepted by the Minister for Finance for

the purposes of that Account subject to a condition was held

by the Minister for Finance;

Amendments relating to Special Accounts Schedule 1

National Health and Medical Research Council Act 1992 Part 8

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 15

then, for the purposes of section 52 of the National Health and Medical

Research Council Act 1992 as amended by this Part, the money is

instead:

by the Minister mentioned in that section; or

(d) if paragraph (b) applies--held and accepted subject to the

same condition by the Minister mentioned in that section.

Schedule 1 Amendments relating to Special Accounts

Part 9 Natural Resources Management (Financial Assistance) Act 1992

16 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Part 9--Natural Resources Management (Financial

Assistance) Act 1992

37 Paragraphs 12(1)(a) and (b)

Omit "for Finance".

38 Paragraphs 12(1)(a) and (b)

Omit "that Minister", substitute "the Minister".

39 At the end of Part 3

Add:

12A Delegation of trust etc. obligations

(1) The Minister may delegate to the Secretary of the Department or to

an APS employee in the Department the power of the Minister to

deal with any money:

(a) held by the Minister on trust for the purposes of the Account;

(b) accepted by the Minister for the purposes of the Account

subject to a condition;

in accordance with the obligations of the Minister as trustee of the

trust or as the person who has accepted the money subject to the

condition, as the case may be.

(2) The delegate must exercise the power in accordance with any

directions of the Minister.

(3) However, the Minister must not:

(a) delegate the power if doing so would be inconsistent with the

terms of the trust or with the condition; or

(b) issue a direction that would be inconsistent with the terms of

the trust or with the condition.

40 Transitional

If, immediately before the commencement of this item:

Amendments relating to Special Accounts Schedule 1

Natural Resources Management (Financial Assistance) Act 1992 Part 9

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 17

(a) money was held on trust by the Minister for Finance for the

purposes of the Account within the meaning of the Natural

Resources Management (Financial Assistance) Act 1992; or

(b) money that had been accepted by the Minister for Finance for

the purposes of that Account subject to a condition was held

by the Minister for Finance;

then, for the purposes of section 12 of the Natural Resources

Management (Financial Assistance) Act 1992 as amended by this Part,

the money is instead:

by the Minister mentioned in that section; or

(d) if paragraph (b) applies--held and accepted subject to the

same condition by the Minister mentioned in that section.

Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988

18 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Schedule 2--Amendment of the Safety,

Rehabilitation and Compensation Act

1988

1 Subsection 4(1)

Insert:

pre-determination period, in relation to a claim by an employee

for compensation under Division 3 of Part II, means the period

from the start of the day when the employee is injured until the end

of the day on which Comcare determines the claim.

2 Subsection 4(1)

Insert:

public money has the same meaning as in the Financial

Management and Accountability Act 1997.

3 At the end of Division 3 of Part II

Add:

23A Repayment of salary, wages or pay, and re-crediting of paid

leave, where compensation claim successful

(1) This section applies if:

(a) an employee makes a claim for compensation under this

Division; and

(b) before or after the employee does so, the Commonwealth

makes a payment (the Commonwealth salary etc. payment)

to the employee by way of salary, wages or pay in relation to

the whole or part of a day in the pre-determination period;

and

compensation.

(2) The employee must repay the Commonwealth salary etc. payment.

(3) The amount repayable must be set off:

Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 2

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 19

(a) if paragraph (b) does not apply--by Comcare against any

amount of compensation payable under this Division to the

employee in respect of the injury concerned; or

(b) if, under subsection 112A(3) or 112B(3), Comcare advises

the employee's employer of its intention to make a payment

(the advised payment) to the employer in respect of the

compensation--by the employer against any amount payable

under subsection 112A(4) (the subsection 112A(4) payment)

or 112B(4) by the employer to the employee as a result.

Note:

If the amount of the Commonwealth salary etc. payment is less than

the amount of compensation, the balance of the compensation will still

be payable after a set-off.

(4) To the extent that the amount repayable is set off, Comcare is taken

for the purposes of this Act (other than section 90C) to have made

a payment in discharge of its liability to pay the compensation.

(5) If Comcare sets the amount off, it must make a payment to the

employer of an amount equal to the amount it sets off.

(6)

If:

(a) the employer made the Commonwealth salary etc. payment

out of public money; and

(b)

either:

(i) paragraph (3)(a) applies and the employer receives the

payment mentioned in subsection (5) from Comcare; or

(ii) paragraph (3)(b) applies and the employer makes the

subsection 112A(4) payment before it receives the

advised payment from Comcare;

when the payment or the advised payment is received from

Comcare, it is taken for the purposes of section 30 of the Financial

Management and Accountability Act 1997 to be a repayment of the

Commonwealth salary etc. payment.

(7) To avoid doubt, if the employer made the Commonwealth salary

etc. payment out of public money, when the employer receives the

advised payment mentioned in paragraph (3)(b) or the payment

mentioned in subsection (5) from Comcare, the payment becomes

public money.

(8) To the extent that the amount repayable is not set off under

subsection (3), it may be recovered by the Commonwealth as a

Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988

20 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

debt due to the Commonwealth by action in a court of competent

jurisdiction.

(9) If the Commonwealth salary etc. payment was in respect of leave

of absence granted to the employee, the employer must restore the

employee's leave credit.

4 At the end of subsection 33(2)

Add:

; or (e) a Commonwealth salary etc. payment as defined in paragraph

23A(1)(b).

5 After section 112

Insert:

112A Making of compensation payments through employers of

employees paid out of public money

(1) This section applies if:

(a) Comcare is liable to pay an amount of compensation under

Division 3 of Part II to an employee; and

(b) payments by the employer to the employee of salary or

wages (ignoring section 116) are made out of public money.

(2) Comcare may instead make a payment to the employer in respect

of the compensation.

(3) Before making the payment, Comcare must advise the employer of

its intention to do so (the payment is called the advised payment).

(4) Subject to section 23A, the employer must:

(a) before receiving the advised payment, make a payment of an

equal amount (the anticipatory payment) to the employee; or

(b) on receiving the advised payment, hold it for the benefit of

the employee until such time as the employer pays it to the

employee.

Note:

Section 23A requires the employer to set off repayments of salary etc.

made to the employee in relation to the pre-determination period

against amounts payable by the employer under this subsection.

(5) When the employer pays the employee the anticipatory payment,

or the payment that it holds for the benefit of the employee, the

Amendment of the Safety, Rehabilitation and Compensation Act 1988 Schedule 2

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 21

payment is taken for the purposes of this Act (other than

section 90C) to be a payment by Comcare in discharge of its

liability to pay the compensation.

(6) Also, in the case of the anticipatory payment:

(a) to avoid doubt, the provision of an Act that appropriates the

Consolidated Revenue Fund for the purposes of any

payments by the employer to the employee of salary or

wages (ignoring section 116) also appropriates the

Consolidated Revenue Fund for the purposes of the

anticipatory payment; and

(b) when the advised payment is received by the employer, it is

taken for the purposes of section 30 of the Financial

Management and Accountability Act 1997 to be a repayment

of the anticipatory payment.

(7) To avoid doubt, when the advised payment is received by the

employer, it becomes public money.

112B Making of compensation payments through employers of

employees not paid out of public money

(1) This section applies if:

(a) Comcare is liable to pay an amount of compensation under

Division 3 of Part II to an employee; and

(b) payments by the employer to the employee of salary or

wages (ignoring section 116) are not made out of public

money.

(2) Comcare may instead make a payment to the employer in respect

of the compensation.

(3) Before making the payment, Comcare must advise the employer of

its intention to do so (the payment is called the advised payment).

(4) Subject to section 23A, the employer must, either before or after

receiving the advised payment, make a payment of an equal

amount to the employee, out of money that the employer holds on

its own account.

Note:

Section 23A requires the employer to set off repayments of salary etc.

made to the employee in relation to the pre-determination period

against amounts payable by the employer under this subsection.

Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988

22 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

(5) The payment by the employer is taken for the purposes of this Act

(other than section 90C) to be a payment by Comcare in discharge

of its liability to pay the compensation.

(6) When the advised payment is received by the employer, it is

money that the employer holds on its own account.

6 Section 116

Before "In", insert "(1)".

7 Section 116

Before "compensation leave" (wherever occurring), insert

"post-determination".

8 At the end of section 116

Add:

(2) In this section:

post-determination compensation leave means compensation

leave that takes place after the end of the pre-determination period

in relation to the claim for compensation.

9 Application

(1)

The amendments made by items 1, 3 and 4 of this Schedule apply in

relation to compensation for injuries occurring after the commencement

of this Schedule.

(2)

The amendments made by items 2 and 5 of this Schedule apply to

liabilities to compensation that exist at, or arise after, the

commencement of this Schedule.

(3)

The amendments made by items 6 to 8 of this Schedule apply to the

grant of leave at any time after the commencement of this Schedule.

Other amendments Schedule 3

Aboriginal and Torres Strait Islander Act 2005 Part 1

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 23

Schedule 3--Other amendments

Part 1--Aboriginal and Torres Strait Islander Act

2005

1 Section 200B (the section 200B inserted by item 162 of

Schedule 1 to the Aboriginal and Torres Strait Islander

Commission Amendment Act 2005)

Renumber as section 200C.

Schedule 3 Other amendments

Part 2 Australian Institute of Marine Science Act 1972

24 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Part 2--Australian Institute of Marine Science Act

1972

2 After section 50

Insert:

50A Delegation of powers by Finance Minister

(1) The Finance Minister may, by written instrument, delegate to an

official (within the meaning of the Financial Management and

Accountability Act 1997) the power:

(a) to approve the provision of guarantees as mentioned in

paragraph 10(2)(hb); or

(b) to approve the borrowing of money on terms and conditions

specified in, or consistent with, the approval as mentioned in

subsection 42B(1); or

(d) to make determinations as mentioned in subsection 42C(2).

(2) In exercising power under a delegation, the official must comply

with any directions of the Finance Minister.

Other amendments Schedule 3

Financial Management and Accountability Act 1997 Part 3

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 25

Part 3--Financial Management and Accountability

Act 1997

3 Subsection 33(4)

Repeal the subsection.

4 At the end of section 33

Add:

Note:

Act of grace payments under this section must be made from money

appropriated by the Parliament. Generally, an act of grace payment

can be debited against an Agency's annual appropriation, providing

that it relates to some matter that has arisen in the course of its

administration or otherwise relates to the Agency's outcomes.

5 Subsection 58(1)

After "agency", insert ", or to a prescribed law enforcement agency,".

Note:

The heading to section 58 is altered by adding at the end "or prescribed law

enforcement agency".

6 Subsection 58(2)

Insert:

prescribed law enforcement agency means a law enforcement

agency, within the meaning of section 85ZL of the Crimes Act

1914, that is prescribed by the regulations for the purposes of this

definition.

Schedule 3 Other amendments

Part 4 Native Title Act 1993

26 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

Part 4--Native Title Act 1993

7 Paragraph 203CB(2)(d)

Omit "Treasurer", substitute "Finance Minister".

8 After subsection 203CB(2)

Insert:

(2A) The Finance Minister may, by written instrument, delegate any of

the Finance Minister's powers or functions under this section to an

official (within the meaning of the Financial Management and

Accountability Act 1997). In exercising powers or functions under

a delegation, the official must comply with any directions of the

Finance Minister.

9 Subsection 203CB(4)

Insert:

Finance Minister means the Minister who administers the

Financial Management and Accountability Act 1997.

10 Subsection 206(2)

Omit "Aboriginal and Torres Strait Islander Commission Act 1989",

substitute "Aboriginal and Torres Strait Islander Act 2005".

11 Transitional

If, just before the commencement of this Part, an approval by the

Treasurer was in force under paragraph 203CB(2)(d) of the Native Title

Act 1993 as then in force, that approval has effect after the

commencement of this Part as if it had been given under that paragraph

of that Act as amended by this Part.

Other amendments Schedule 3

Public Accounts and Audit Committee Act 1951 Part 5

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 27

Part 5--Public Accounts and Audit Committee Act

1951

12 Section 4

Insert:

Finance Minister means the Minister who administers the

Financial Management and Accountability Act 1997.

13 Subsection 5(3)

After "he", insert "or she".

Note:

The heading to section 5 is altered by adding at the end "and Audit".

14 Subsection 5(6)

After "his", insert "or her".

15 Subsections 6(2) and 6(2A)

After "he", insert "or she".

16 Subsection 6A(2)

After "his", insert "or her".

17 Subsection 9(3)

Repeal the subsection, substitute:

(3) The provisions of this Act (other than this section and section 5,

subsection 7(1) and sections 8, 8A, 8B and 12) apply in relation to

a Sectional Committee in the same way as they apply in relation to

the Committee.

(3AA) In applying any of the provisions, a reference to the Chair or the

Deputy Chair of the Committee (except a reference in section 22)

is instead a reference to the Chair or the Deputy Chair of the

Sectional Committee.

18 Paragraph 9(3A)(c)

Omit "9", substitute "more".

Schedule 3 Other amendments

Part 5 Public Accounts and Audit Committee Act 1951

28 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

19 Section 11

Repeal the section, substitute:

11 Sittings to be public except in certain cases

(1) Subject to subsection (2), the Committee must take all evidence in

public.

(2) If, in the Committee's opinion, evidence relates to a secret or

confidential matter:

(a) if the witness giving the evidence requests the Committee to

do so--the Committee must take the evidence in private; or

(b) in any other case--the Committee may take the evidence in

private.

11A Disclosure and publishing of evidence taken in private

(1) Subject to subsections (2) and (3), the Committee may publish or

disclose any evidence taken in private.

(2) If evidence is taken in private at the request of a witness and has

not already been published:

(a) the Committee or a member of the Committee must not

disclose or publish any of the evidence without the consent of

the witness who gave it; and

(b) any other person must not disclose or publish any of the

evidence without the consent of the witness who gave it and

without the authorisation of the Committee.

(3) If evidence is taken in private other than at the request of a witness

and has not already been published, a member of the Committee or

any other person must not disclose or publish any of the evidence

without the authorisation of the Committee.

(4) The Committee may, in writing signed by the Chair, give an

authorisation for the purposes of paragraph (2)(b) or subsection (3).

(5) This section has effect in spite of section 2 of the Parliamentary

Papers Act 1908.

20 Subsections 13(3) and 14(1)

After "his", insert "or her".

Other amendments Schedule 3

Public Accounts and Audit Committee Act 1951 Part 5

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 29

21 Paragraph 14(3)(c)

After "he", insert "or she".

22 Subsection 14(4)

After "him" (wherever occurring), insert "or her".

23 Paragraph 17(1)(b)

After "him", insert "or her".

24 Paragraph 17(1)(c)

After "he", insert "or she".

25 Subsection 19(2)

After "his", insert "or her".

26 Subsection 19(2)

After "him", insert "or her".

27 Subsection 22(2)

Repeal the subsection, substitute:

(2) However, the prescribed allowances are not payable unless the

Chair or Deputy Chair certifies in writing that they are payable.

(3) Prescribed allowances in respect of which such certification has

been given are payable out of the Consolidated Revenue Fund,

which is appropriated accordingly.

28 Subsections 23(1) and (2)

Omit "Twenty thousand dollars" (wherever occurring), substitute

"$20,000".

29 Subsection 23(2)

Omit "Minister for Finance", substitute "Finance Minister".

30 The Schedule (Form C)

Omit "19" (wherever occurring), substitute "20".

31 The Schedule (Form D)

Schedule 3 Other amendments

Part 5 Public Accounts and Audit Committee Act 1951

30 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005

After "him" (wherever occurring), insert "or her".

32 The Schedule (Form D)

After "he", insert "or she".

33 The Schedule (Form D)

Omit "19", substitute "20".

34 Application

(1)

The amendment made by item 30 applies to summonses issued after the

commencement of this Part.

(2)

The amendments made by items 31 to 33 apply to warrants issued after

the commencement of this Part.

Other amendments Schedule 3

Public Service Act 1999 Part 6

Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 31

Part 6--Public Service Act 1999

35 Subsection 73(6)

Repeal the subsection.

36 At the end of section 73

Add:

Note:

Payments under this section must be made from money appropriated

by the Parliament. Generally, a payment can be debited against an

Agency's annual appropriation, providing that it relates to some

matter that has arisen in the course of its administration or otherwise

relates to the Agency's outcomes.

Commonwealth of Australia Bills

FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 2) 2005