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This is a Bill, not an Act. For current law, see the Acts databases.
FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 2) 2005
2004-2005
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Financial Framework Legislation
Amendment Bill (No. 2) 2005
No. , 2005
(Finance and Administration)
A Bill for an Act to amend Commonwealth
financial management legislation and other
financial and reporting provisions, and for other
purposes
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
4
Part 1--Aboriginal and Torres Strait Islander Act 2005
4
Part 2--Aboriginal Land (Lake Condah and Framlingham
Forest) Act 1987
7
Part 3--Australian Research Council Act 2001
9
Part 4--Child Support (Registration and Collection) Act 1988
10
Part 5--Gene Technology Act 2000
11
Part 6--Industrial Chemicals (Notification and Assessment)
Act 1989
12
Part 7--National Blood Authority Act 2003
13
Part 8--National Health and Medical Research Council Act
1992
14
Part 9--Natural Resources Management (Financial Assistance)
Act 1992
16
Schedule 2--Amendment of the Safety, Rehabilitation and
Compensation Act 1988
18
Schedule 3--Other amendments
23
Part 1--Aboriginal and Torres Strait Islander Act 2005
23
Part 2--Australian Institute of Marine Science Act 1972
24
Part 3--Financial Management and Accountability Act 1997
25
Part 4--Native Title Act 1993
26
Part 5--Public Accounts and Audit Committee Act 1951
27
Part 6--Public Service Act 1999
31
Part 7--Superannuation Act 1976
32
iii Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005
Schedule 4--Repeal of Acts
33
Employment Services Act 1994
33
Loan Act 1977
33
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 2
A Bill for an Act to amend Commonwealth
1
financial management legislation and other
2
financial and reporting provisions, and for other
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Financial Framework Legislation
7
Amendment Act (No. 2) 2005.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
column 2 of the table. Any other statement in column 2 has effect
12
according to its terms.
13
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 3
1
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
2
passed by the Parliament and assented to. It will not be expanded to
3
deal with provisions inserted in this Act after assent.
4
(2) Column 3 of the table contains additional information that is not
5
part of this Act. Information in this column may be added to or
6
edited in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
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
1
Schedule 1--Amendments relating to Special
2
Accounts
3
Part 1--Aboriginal and Torres Strait Islander Act
4
2005
5
1 Subsection 4(1)
6
Insert:
7
Land Account means the Aboriginal and Torres Strait Islander
8
Land Account continued in existence by section 192W.
9
2 Subsection 4(1) (definition of Land Fund)
10
Repeal the definition.
11
3 Part 4A (heading)
12
Repeal the heading, substitute:
13
Part 4A--Indigenous Land Corporation and
14
Aboriginal and Torres Strait Islander Land
15
Account
16
4 Division 10 of Part 4A (heading)
17
Repeal the heading, substitute:
18
Division 10--Aboriginal and Torres Strait Islander Land
19
Account
20
5 Section 192W
21
Repeal the section, substitute:
22
192W Aboriginal and Torres Strait Islander Land Account
23
Land Account
24
(1) There is continued in existence the Aboriginal and Torres Strait
25
Islander Land Account.
26
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
1
Management Legislation Amendment Act 1999.
2
(2) The Land Account is a Special Account for the purposes of the
3
Financial Management and Accountability Act 1997.
4
(3) So far as practicable, an amount standing to the credit of the Land
5
Account that is not required for the purpose of making payments
6
must be invested under section 39 of the Financial Management
7
and Accountability Act 1997.
8
(4) If income is received by the Commonwealth from the investment
9
of an amount standing to the credit of the Land Account, an
10
amount equal to the income must be credited to the Land Account.
11
6 Section 192X
12
Omit "Fund", substitute "Account".
13
Note:
The heading to section 192X is altered by omitting "Fund" and substituting "Account".
14
7 Subsection 192Z(2)
15
Omit "Fund", substitute "Account".
16
8 Subsections 193(1) and (2)
17
Omit "Fund" (wherever occurring), substitute "Account".
18
Note:
The heading to section 193 is altered by omitting "Fund" and substituting "Account".
19
9 Subsections 193(4) and (5)
20
Repeal the subsections.
21
10 Subsection 193AA(1)
22
Omit "Fund" (wherever occurring), substitute "Account".
23
Note:
The heading to section 193AA is altered by omitting "Fund" and substituting
24
"Account".
25
11 Subsections 193AA(4) and (5)
26
Repeal the subsections.
27
12 Subsections 193A(1) and (2)
28
Omit "Fund", substitute "Account".
29
Note:
The heading to section 193A is altered by omitting "Fund" and substituting "Account".
30
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)
1
Omit "Fund", substitute "Account".
2
Note:
The heading to section 193C is altered by omitting "Fund" and substituting "Account".
3
14 Subsection 193E(2)
4
Repeal the subsection, substitute:
5
Advance to be paid out of amount standing to the credit of the
6
Land Account
7
(2) An advance is to be debited and paid by the Commonwealth out of
8
the amount standing to the credit of the Land Account.
9
15 Subsection 193E(3) (note)
10
Repeal the note.
11
16 Subsections 193E(4) and (5)
12
Repeal the subsections, substitute:
13
Credits to Land Account
14
(4) If the Indigenous Land Corporation pays an amount under
15
subsection (3), an amount equal to that amount is to be credited to
16
the Land Account.
17
17 Subsections 193G(1) and (2A)
18
Omit "Fund" (wherever occurring), substitute "Account".
19
Note:
The heading to section 193G is altered by omitting "Fund" and substituting "Account".
20
18 Subsection 193H(1)
21
Omit "Fund", substitute "Account".
22
19 Section 193I
23
Omit "Fund" (wherever occurring), substitute "Account".
24
Note:
The heading to section 193I is altered by omitting "Fund" and substituting "Account".
25
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
1
Part 2--Aboriginal Land (Lake Condah and
2
Framlingham Forest) Act 1987
3
20 Section 38
4
Repeal the section, substitute:
5
38 Aboriginal Advancement Account
6
(1) The Aboriginal Advancement Account is established for the
7
purpose of furthering the social and economic advancement of
8
Aboriginal people living in Victoria.
9
(2) The Account is a Special Account for the purposes of the Financial
10
Management and Accountability Act 1997.
11
(3) There must be credited to the Account amounts determined by the
12
regulations.
13
(4) Amounts standing to the credit of the Account must be debited
14
from the Account for the purposes of the making by the
15
Commonwealth of payments to further the social and economic
16
advancement of Aboriginal people living in Victoria.
17
(5) If interest is received by the Commonwealth from the investment
18
of an amount standing to the credit of the Account, an amount
19
equal to the interest must be credited to the Account.
20
38A Notional accounts within the Aboriginal Advancement Account
21
(1) The regulations may create separate notional accounts within the
22
Aboriginal Advancement Account in the name of particular
23
Aboriginal groups living in Victoria.
24
(2) Amounts determined in accordance with the regulations must be
25
credited to the notional accounts. To avoid doubt, amounts that
26
may be so determined include amounts required to be credited to
27
the Aboriginal Advancement Account under subsection 38(5).
28
(3) Amounts standing to the credit of a notional account must be
29
debited from the account for the purposes of the making by the
30
Commonwealth of payments to further the social and economic
31
Schedule 1 Amendments relating to Special Accounts
Part 2 Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987
8 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005
advancement of the Aboriginal group in whose name the notional
1
account was created.
2
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
1
Part 3--Australian Research Council Act 2001
2
21 Section 63
3
Repeal the section, substitute:
4
63 Credits to Account
5
Amounts that are given or bequeathed for the purposes of the
6
Account must be credited to the Account.
7
Note:
An Appropriation Act provides for amounts to be credited to a Special
8
Account if any of the purposes of the Account is a purpose that is
9
covered by an item in the Appropriation Act.
10
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
1
Part 4--Child Support (Registration and Collection)
2
Act 1988
3
22 Paragraph 74(1)(c)
4
Repeal the paragraph, substitute:
5
(c) amounts equal to amounts that are to be debited from the
6
Account in making payments mentioned in paragraph
7
75(1)(c).
8
23 At the end of section 74
9
Add:
10
(3) If an amount would be credited to the Account under both
11
section 30 of the Financial Management and Accountability Act
12
1997 and paragraph (1)(c) of this section, the amount is to be
13
credited to the Account under whichever of those provisions first
14
applies.
15
24 Paragraph 75(1)(c)
16
Repeal the paragraph, substitute:
17
(c) to make other payments that the Registrar has determined for
18
the purposes of this Act are payable to persons in respect of
19
child support.
20
Amendments relating to Special Accounts Schedule 1
Gene Technology Act 2000 Part 5
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 11
1
Part 5--Gene Technology Act 2000
2
25 Paragraph 130(1)(a)
3
Repeal the paragraph.
4
26 Paragraphs 130(1)(e) and (f)
5
Omit "money from the account", substitute "amounts standing to the
6
credit of the Account".
7
27 Paragraph 130(1)(g)
8
Omit "amounts paid out of the Account", substitute "amounts debited
9
from the Account".
10
28 At the end of subsection 130(1)
11
Add:
12
Note:
An Appropriation Act provides for amounts to be credited to a Special
13
Account if any of the purposes of the Account is a purpose that is
14
covered by an item in the Appropriation Act.
15
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
1
Part 6--Industrial Chemicals (Notification and
2
Assessment) Act 1989
3
29 Paragraph 100B(1)(a)
4
Repeal the paragraph.
5
30 At the end of subsection 100B(1)
6
Add:
7
Note:
An Appropriation Act provides for amounts to be credited to a Special
8
Account if any of the purposes of the Account is a purpose that is
9
covered by an item in the Appropriation Act.
10
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
1
Part 7--National Blood Authority Act 2003
2
31 Paragraph 41(a)
3
Repeal the paragraph.
4
32 At the end of section 41
5
Add:
6
Note:
An Appropriation Act provides for amounts to be credited to a Special
7
Account if any of the purposes of the Account is a purpose that is
8
covered by an item in the Appropriation Act.
9
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
1
Part 8--National Health and Medical Research
2
Council Act 1992
3
33 Subsection 52(1)
4
Omit "for Finance" (wherever occurring).
5
34 After subsection 82(1)
6
Insert:
7
(1A) The Minister may delegate to the Chief Executive Officer or to an
8
APS employee in the Department the power of the Minister to deal
9
with any money:
10
(a) held by the Minister on trust for the purposes of the Account;
11
or
12
(b) accepted by the Minister for the purposes of the Account
13
subject to a condition;
14
in accordance with the obligations of the Minister as trustee of the
15
trust or as the person who has accepted the money subject to the
16
condition, as the case may be.
17
(1B) However, the Minister must not delegate the power if doing so
18
would be inconsistent with the terms of the trust or with the
19
condition.
20
35 After subsection 82(4)
21
Insert:
22
(4A) In the case of a delegation under subsection (1A), the Minister
23
must not issue a direction that would be inconsistent with the terms
24
of the trust, or with the condition, mentioned in that subsection.
25
36 Transitional
26
If, immediately before the commencement of this item:
27
(a) money was held on trust by the Minister for Finance for the
28
purposes of the Account within the meaning of the National
29
Health and Medical Research Council Act 1992; or
30
(b) money that had been accepted by the Minister for Finance for
31
the purposes of that Account subject to a condition was held
32
by the Minister for Finance;
33
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
1
Research Council Act 1992 as amended by this Part, the money is
2
instead:
3
(c) if paragraph (a) applies--held on trust for the same purposes
4
by the Minister mentioned in that section; or
5
(d) if paragraph (b) applies--held and accepted subject to the
6
same condition by the Minister mentioned in that section.
7
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
1
Part 9--Natural Resources Management (Financial
2
Assistance) Act 1992
3
37 Paragraphs 12(1)(a) and (b)
4
Omit "for Finance".
5
38 Paragraphs 12(1)(a) and (b)
6
Omit "that Minister", substitute "the Minister".
7
39 At the end of Part 3
8
Add:
9
12A Delegation of trust etc. obligations
10
(1) The Minister may delegate to the Secretary of the Department or to
11
an APS employee in the Department the power of the Minister to
12
deal with any money:
13
(a) held by the Minister on trust for the purposes of the Account;
14
or
15
(b) accepted by the Minister for the purposes of the Account
16
subject to a condition;
17
in accordance with the obligations of the Minister as trustee of the
18
trust or as the person who has accepted the money subject to the
19
condition, as the case may be.
20
(2) The delegate must exercise the power in accordance with any
21
directions of the Minister.
22
(3) However, the Minister must not:
23
(a) delegate the power if doing so would be inconsistent with the
24
terms of the trust or with the condition; or
25
(b) issue a direction that would be inconsistent with the terms of
26
the trust or with the condition.
27
40 Transitional
28
If, immediately before the commencement of this item:
29
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
1
purposes of the Account within the meaning of the Natural
2
Resources Management (Financial Assistance) Act 1992; or
3
(b) money that had been accepted by the Minister for Finance for
4
the purposes of that Account subject to a condition was held
5
by the Minister for Finance;
6
then, for the purposes of section 12 of the Natural Resources
7
Management (Financial Assistance) Act 1992 as amended by this Part,
8
the money is instead:
9
(c) if paragraph (a) applies--held on trust for the same purposes
10
by the Minister mentioned in that section; or
11
(d) if paragraph (b) applies--held and accepted subject to the
12
same condition by the Minister mentioned in that section.
13
Schedule 2 Amendment of the Safety, Rehabilitation and Compensation Act 1988
18 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005
1
Schedule 2--Amendment of the Safety,
2
Rehabilitation and Compensation Act
3
1988
4
5
1 Subsection 4(1)
6
Insert:
7
pre-determination period, in relation to a claim by an employee
8
for compensation under Division 3 of Part II, means the period
9
from the start of the day when the employee is injured until the end
10
of the day on which Comcare determines the claim.
11
2 Subsection 4(1)
12
Insert:
13
public money has the same meaning as in the Financial
14
Management and Accountability Act 1997.
15
3 At the end of Division 3 of Part II
16
Add:
17
23A Repayment of salary, wages or pay, and re-crediting of paid
18
leave, where compensation claim successful
19
(1) This section applies if:
20
(a) an employee makes a claim for compensation under this
21
Division; and
22
(b) before or after the employee does so, the Commonwealth
23
makes a payment (the Commonwealth salary etc. payment)
24
to the employee by way of salary, wages or pay in relation to
25
the whole or part of a day in the pre-determination period;
26
and
27
(c) Comcare determines that the employee is entitled to the
28
compensation.
29
(2) The employee must repay the Commonwealth salary etc. payment.
30
(3) The amount repayable must be set off:
31
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
1
amount of compensation payable under this Division to the
2
employee in respect of the injury concerned; or
3
(b) if, under subsection 112A(3) or 112B(3), Comcare advises
4
the employee's employer of its intention to make a payment
5
(the advised payment) to the employer in respect of the
6
compensation--by the employer against any amount payable
7
under subsection 112A(4) (the subsection 112A(4) payment)
8
or 112B(4) by the employer to the employee as a result.
9
Note:
If the amount of the Commonwealth salary etc. payment is less than
10
the amount of compensation, the balance of the compensation will still
11
be payable after a set-off.
12
(4) To the extent that the amount repayable is set off, Comcare is taken
13
for the purposes of this Act (other than section 90C) to have made
14
a payment in discharge of its liability to pay the compensation.
15
(5) If Comcare sets the amount off, it must make a payment to the
16
employer of an amount equal to the amount it sets off.
17
(6)
If:
18
(a) the employer made the Commonwealth salary etc. payment
19
out of public money; and
20
(b)
either:
21
(i) paragraph (3)(a) applies and the employer receives the
22
payment mentioned in subsection (5) from Comcare; or
23
(ii) paragraph (3)(b) applies and the employer makes the
24
subsection 112A(4) payment before it receives the
25
advised payment from Comcare;
26
when the payment or the advised payment is received from
27
Comcare, it is taken for the purposes of section 30 of the Financial
28
Management and Accountability Act 1997 to be a repayment of the
29
Commonwealth salary etc. payment.
30
(7) To avoid doubt, if the employer made the Commonwealth salary
31
etc. payment out of public money, when the employer receives the
32
advised payment mentioned in paragraph (3)(b) or the payment
33
mentioned in subsection (5) from Comcare, the payment becomes
34
public money.
35
(8) To the extent that the amount repayable is not set off under
36
subsection (3), it may be recovered by the Commonwealth as a
37
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
1
jurisdiction.
2
(9) If the Commonwealth salary etc. payment was in respect of leave
3
of absence granted to the employee, the employer must restore the
4
employee's leave credit.
5
4 At the end of subsection 33(2)
6
Add:
7
; or (e) a Commonwealth salary etc. payment as defined in paragraph
8
23A(1)(b).
9
5 After section 112
10
Insert:
11
112A Making of compensation payments through employers of
12
employees paid out of public money
13
(1) This section applies if:
14
(a) Comcare is liable to pay an amount of compensation under
15
Division 3 of Part II to an employee; and
16
(b) payments by the employer to the employee of salary or
17
wages (ignoring section 116) are made out of public money.
18
(2) Comcare may instead make a payment to the employer in respect
19
of the compensation.
20
(3) Before making the payment, Comcare must advise the employer of
21
its intention to do so (the payment is called the advised payment).
22
(4) Subject to section 23A, the employer must:
23
(a) before receiving the advised payment, make a payment of an
24
equal amount (the anticipatory payment) to the employee; or
25
(b) on receiving the advised payment, hold it for the benefit of
26
the employee until such time as the employer pays it to the
27
employee.
28
Note:
Section 23A requires the employer to set off repayments of salary etc.
29
made to the employee in relation to the pre-determination period
30
against amounts payable by the employer under this subsection.
31
(5) When the employer pays the employee the anticipatory payment,
32
or the payment that it holds for the benefit of the employee, the
33
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
1
section 90C) to be a payment by Comcare in discharge of its
2
liability to pay the compensation.
3
(6) Also, in the case of the anticipatory payment:
4
(a) to avoid doubt, the provision of an Act that appropriates the
5
Consolidated Revenue Fund for the purposes of any
6
payments by the employer to the employee of salary or
7
wages (ignoring section 116) also appropriates the
8
Consolidated Revenue Fund for the purposes of the
9
anticipatory payment; and
10
(b) when the advised payment is received by the employer, it is
11
taken for the purposes of section 30 of the Financial
12
Management and Accountability Act 1997 to be a repayment
13
of the anticipatory payment.
14
(7) To avoid doubt, when the advised payment is received by the
15
employer, it becomes public money.
16
112B Making of compensation payments through employers of
17
employees not paid out of public money
18
(1) This section applies if:
19
(a) Comcare is liable to pay an amount of compensation under
20
Division 3 of Part II to an employee; and
21
(b) payments by the employer to the employee of salary or
22
wages (ignoring section 116) are not made out of public
23
money.
24
(2) Comcare may instead make a payment to the employer in respect
25
of the compensation.
26
(3) Before making the payment, Comcare must advise the employer of
27
its intention to do so (the payment is called the advised payment).
28
(4) Subject to section 23A, the employer must, either before or after
29
receiving the advised payment, make a payment of an equal
30
amount to the employee, out of money that the employer holds on
31
its own account.
32
Note:
Section 23A requires the employer to set off repayments of salary etc.
33
made to the employee in relation to the pre-determination period
34
against amounts payable by the employer under this subsection.
35
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
1
(other than section 90C) to be a payment by Comcare in discharge
2
of its liability to pay the compensation.
3
(6) When the advised payment is received by the employer, it is
4
money that the employer holds on its own account.
5
6 Section 116
6
Before "In", insert "(1)".
7
7 Section 116
8
Before "compensation leave" (wherever occurring), insert
9
"post-determination".
10
8 At the end of section 116
11
Add:
12
(2) In this section:
13
post-determination compensation leave means compensation
14
leave that takes place after the end of the pre-determination period
15
in relation to the claim for compensation.
16
9 Application
17
(1)
The amendments made by items 1, 3 and 4 of this Schedule apply in
18
relation to compensation for injuries occurring after the commencement
19
of this Schedule.
20
(2)
The amendments made by items 2 and 5 of this Schedule apply to
21
liabilities to compensation that exist at, or arise after, the
22
commencement of this Schedule.
23
(3)
The amendments made by items 6 to 8 of this Schedule apply to the
24
grant of leave at any time after the commencement of this Schedule.
25
Other amendments Schedule 3
Aboriginal and Torres Strait Islander Act 2005 Part 1
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 23
1
Schedule 3--Other amendments
2
Part 1--Aboriginal and Torres Strait Islander Act
3
2005
4
1 Section 200B (the section 200B inserted by item 162 of
5
Schedule 1 to the Aboriginal and Torres Strait Islander
6
Commission Amendment Act 2005)
7
Renumber as section 200C.
8
Schedule 3 Other amendments
Part 2 Australian Institute of Marine Science Act 1972
24 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005
1
Part 2--Australian Institute of Marine Science Act
2
1972
3
2 After section 50
4
Insert:
5
50A Delegation of powers by Finance Minister
6
(1) The Finance Minister may, by written instrument, delegate to an
7
official (within the meaning of the Financial Management and
8
Accountability Act 1997) the power:
9
(a) to approve the provision of guarantees as mentioned in
10
paragraph 10(2)(hb); or
11
(b) to approve the borrowing of money on terms and conditions
12
specified in, or consistent with, the approval as mentioned in
13
subsection 42B(1); or
14
(c) to enter into contracts as mentioned in subsection 42C(1); or
15
(d) to make determinations as mentioned in subsection 42C(2).
16
(2) In exercising power under a delegation, the official must comply
17
with any directions of the Finance Minister.
18
Other amendments Schedule 3
Financial Management and Accountability Act 1997 Part 3
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 25
1
Part 3--Financial Management and Accountability
2
Act 1997
3
3 Subsection 33(4)
4
Repeal the subsection.
5
4 At the end of section 33
6
Add:
7
Note:
Act of grace payments under this section must be made from money
8
appropriated by the Parliament. Generally, an act of grace payment
9
can be debited against an Agency's annual appropriation, providing
10
that it relates to some matter that has arisen in the course of its
11
administration or otherwise relates to the Agency's outcomes.
12
5 Subsection 58(1)
13
After "agency", insert ", or to a prescribed law enforcement agency,".
14
Note:
The heading to section 58 is altered by adding at the end "or prescribed law
15
enforcement agency".
16
6 Subsection 58(2)
17
Insert:
18
prescribed law enforcement agency means a law enforcement
19
agency, within the meaning of section 85ZL of the Crimes Act
20
1914, that is prescribed by the regulations for the purposes of this
21
definition.
22
Schedule 3 Other amendments
Part 4 Native Title Act 1993
26 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005
1
Part 4--Native Title Act 1993
2
7 Paragraph 203CB(2)(d)
3
Omit "Treasurer", substitute "Finance Minister".
4
8 After subsection 203CB(2)
5
Insert:
6
(2A) The Finance Minister may, by written instrument, delegate any of
7
the Finance Minister's powers or functions under this section to an
8
official (within the meaning of the Financial Management and
9
Accountability Act 1997). In exercising powers or functions under
10
a delegation, the official must comply with any directions of the
11
Finance Minister.
12
9 Subsection 203CB(4)
13
Insert:
14
Finance Minister means the Minister who administers the
15
Financial Management and Accountability Act 1997.
16
10 Subsection 206(2)
17
Omit "Aboriginal and Torres Strait Islander Commission Act 1989",
18
substitute "Aboriginal and Torres Strait Islander Act 2005".
19
11 Transitional
20
If, just before the commencement of this Part, an approval by the
21
Treasurer was in force under paragraph 203CB(2)(d) of the Native Title
22
Act 1993 as then in force, that approval has effect after the
23
commencement of this Part as if it had been given under that paragraph
24
of that Act as amended by this Part.
25
Other amendments Schedule 3
Public Accounts and Audit Committee Act 1951 Part 5
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 27
1
Part 5--Public Accounts and Audit Committee Act
2
1951
3
12 Section 4
4
Insert:
5
Finance Minister means the Minister who administers the
6
Financial Management and Accountability Act 1997.
7
13 Subsection 5(3)
8
After "he", insert "or she".
9
Note:
The heading to section 5 is altered by adding at the end "and Audit".
10
14 Subsection 5(6)
11
After "his", insert "or her".
12
15 Subsections 6(2) and 6(2A)
13
After "he", insert "or she".
14
16 Subsection 6A(2)
15
After "his", insert "or her".
16
17 Subsection 9(3)
17
Repeal the subsection, substitute:
18
(3) The provisions of this Act (other than this section and section 5,
19
subsection 7(1) and sections 8, 8A, 8B and 12) apply in relation to
20
a Sectional Committee in the same way as they apply in relation to
21
the Committee.
22
(3AA) In applying any of the provisions, a reference to the Chair or the
23
Deputy Chair of the Committee (except a reference in section 22)
24
is instead a reference to the Chair or the Deputy Chair of the
25
Sectional Committee.
26
18 Paragraph 9(3A)(c)
27
Omit "9", substitute "more".
28
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
1
Repeal the section, substitute:
2
11 Sittings to be public except in certain cases
3
(1) Subject to subsection (2), the Committee must take all evidence in
4
public.
5
(2) If, in the Committee's opinion, evidence relates to a secret or
6
confidential matter:
7
(a) if the witness giving the evidence requests the Committee to
8
do so--the Committee must take the evidence in private; or
9
(b) in any other case--the Committee may take the evidence in
10
private.
11
11A Disclosure and publishing of evidence taken in private
12
(1) Subject to subsections (2) and (3), the Committee may publish or
13
disclose any evidence taken in private.
14
(2) If evidence is taken in private at the request of a witness and has
15
not already been published:
16
(a) the Committee or a member of the Committee must not
17
disclose or publish any of the evidence without the consent of
18
the witness who gave it; and
19
(b) any other person must not disclose or publish any of the
20
evidence without the consent of the witness who gave it and
21
without the authorisation of the Committee.
22
(3) If evidence is taken in private other than at the request of a witness
23
and has not already been published, a member of the Committee or
24
any other person must not disclose or publish any of the evidence
25
without the authorisation of the Committee.
26
(4) The Committee may, in writing signed by the Chair, give an
27
authorisation for the purposes of paragraph (2)(b) or subsection (3).
28
(5) This section has effect in spite of section 2 of the Parliamentary
29
Papers Act 1908.
30
20 Subsections 13(3) and 14(1)
31
After "his", insert "or her".
32
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)
1
After "he", insert "or she".
2
22 Subsection 14(4)
3
After "him" (wherever occurring), insert "or her".
4
23 Paragraph 17(1)(b)
5
After "him", insert "or her".
6
24 Paragraph 17(1)(c)
7
After "he", insert "or she".
8
25 Subsection 19(2)
9
After "his", insert "or her".
10
26 Subsection 19(2)
11
After "him", insert "or her".
12
27 Subsection 22(2)
13
Repeal the subsection, substitute:
14
(2) However, the prescribed allowances are not payable unless the
15
Chair or Deputy Chair certifies in writing that they are payable.
16
(3) Prescribed allowances in respect of which such certification has
17
been given are payable out of the Consolidated Revenue Fund,
18
which is appropriated accordingly.
19
28 Subsections 23(1) and (2)
20
Omit "Twenty thousand dollars" (wherever occurring), substitute
21
"$20,000".
22
29 Subsection 23(2)
23
Omit "Minister for Finance", substitute "Finance Minister".
24
30 The Schedule (Form C)
25
Omit "19" (wherever occurring), substitute "20".
26
31 The Schedule (Form D)
27
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".
1
32 The Schedule (Form D)
2
After "he", insert "or she".
3
33 The Schedule (Form D)
4
Omit "19", substitute "20".
5
34 Application
6
(1)
The amendment made by item 30 applies to summonses issued after the
7
commencement of this Part.
8
(2)
The amendments made by items 31 to 33 apply to warrants issued after
9
the commencement of this Part.
10
Other amendments Schedule 3
Public Service Act 1999 Part 6
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 31
1
Part 6--Public Service Act 1999
2
35 Subsection 73(6)
3
Repeal the subsection.
4
36 At the end of section 73
5
Add:
6
Note:
Payments under this section must be made from money appropriated
7
by the Parliament. Generally, a payment can be debited against an
8
Agency's annual appropriation, providing that it relates to some
9
matter that has arisen in the course of its administration or otherwise
10
relates to the Agency's outcomes.
11
Schedule 3 Other amendments
Part 7 Superannuation Act 1976
32 Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005
1
Part 7--Superannuation Act 1976
2
37 Subsection 160(2)
3
Omit "Public Account", substitute "Consolidated Revenue Fund".
4
Repeal of Acts Schedule 4
Financial Framework Legislation Amendment Bill (No. 2) 2005 No. , 2005 33
1
Schedule 4--Repeal of Acts
2
3
Employment Services Act 1994
4
1 The whole of the Act
5
Repeal the Act.
6
Loan Act 1977
7
2 The whole of the Act
8
Repeal the Act.
9