FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 4) 2012

i Financial Framework Legislation Amendment Bill (No. 4) 2012 No. , 2012

Contents

1 Short

title

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2 Commencement

.................................................................................

3 Schedule(s)

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Schedule 1--Amendments

Commonwealth Authorities and Companies Act 1997

Environment Protection and Biodiversity Conservation Act 1999

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

Papua New Guinea (Staffing Assistance) Act 1973

Public Accounts and Audit Committee Act 1951

Financial Framework Legislation Amendment Bill (No. 4) 2012 No. , 2012 1

A Bill for an Act to amend the law relating to

finance, 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. 4) 2012.

2 Commencement

This Act commences on the day after this Act receives the Royal

Assent.

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repealed as set out in the applicable items in the Schedule

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 4) 2012 No. , 2012 3

Schedule 1--Amendments

Commonwealth Authorities and Companies Act 1997

1 Subsection 47A(4)

Omit "Commonwealth Procurement Guidelines", substitute "guidelines

in relation to procurement".

2 Subsection 47A(7)

Repeal the subsection, substitute:

(7) In this section:

guidelines in relation to procurement means the guidelines

relating to procurement issued under regulations made under the

Financial Management and Accountability Act 1997.

Environment Protection and Biodiversity Conservation Act

1999

3 Subparagraph 514D(5)(a)(i)

Omit "$250,000", substitute "$1,000,000".

4 Application

The amendment made by item 3 of this Schedule applies in relation to

contracts entered into on or after the commencement of that item.

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

5 After section 69AC

Insert:

69AD Appropriation

A remission or refund payable under section 69AA, 69AB or

69AC is to be paid out of the Consolidated Revenue Fund, which is

appropriated accordingly.

Schedule 1 Amendments

4 Financial Framework Legislation Amendment Bill (No. 4) 2012 No. , 2012

Papua New Guinea (Staffing Assistance) Act 1973

6 After section 62A

Insert:

62B Recoverable death payments

(1) If, apart from this subsection, the Commonwealth does not have

power under this Act or the regulations to pay an amount (the

relevant amount) in any of the following circumstances:

(a) the relevant amount is deposited to an account kept in the

name of a deceased person;

(b) the relevant amount is deposited to an account kept in the

names of a deceased person and another person;

deceased person;

the Commonwealth may pay the relevant amount in the

circumstances mentioned in paragraph (a), (b) or (c), so long as:

(d) on the last day on which changes could reasonably be made

to the payment of the relevant amount, the Chief Executive

Officer of ComSuper did not know that the deceased person

had died; and

(e) apart from this subsection, the relevant amount would have

been payable as a benefit to the deceased person if the

deceased person had not died.

(2) If a payment is made under subsection (1), the relevant amount is

taken to have been paid to the deceased person's estate.

Recovery

(3) If a payment is made under subsection (1), the relevant amount:

(a) is a debt due to the Commonwealth by the legal personal

representative of the deceased person; and

(b) may be recovered by the Chief Executive Officer of

ComSuper, on behalf of the Commonwealth, in a court of

competent jurisdiction.

Note:

See also section 47 of the Financial Management and Accountability

Act 1997 (duty to pursue recovery of a debt).

Amendments Schedule 1

Financial Framework Legislation Amendment Bill (No. 4) 2012 No. , 2012 5

62C Reports about recoverable death payments

(1) During the applicable publication period for a reporting period, the

Chief Executive Officer of ComSuper must cause to be published,

in such manner as the Chief Executive Officer thinks fit, a report

that sets out both:

(a) the number of payments made under subsection 62B(1)

during the reporting period; and

(b) the total amount of those payments.

(2) However, a report is not required if the number mentioned in

paragraph (1)(a) is zero.

Deferred reporting

(3) Subsection (1) does not require a report to deal with a payment

unless, before the preparation of the report, a ComSuper official

was aware the payment was made under subsection 62B(1).

(4) For the purposes of this section, if:

(a) a payment was made under subsection 62B(1) in a reporting

period and because of subsection (3) of this section,

subsection (1) of this section did not require a report to deal

with the payment; and

(b) during a later reporting period, a ComSuper official becomes

aware that the payment was made under subsection 62B(1);

the payment is subject to a deferred reporting obligation in

relation to the later reporting period.

(5) If one or more payments made under subsection 62B(1) during a

reporting period are subject to a deferred reporting obligation in

relation to a later reporting period, the Chief Executive Officer of

ComSuper must, during the applicable publication period for the

later reporting period:

(a) prepare a report that sets out:

(i) the number of those payments; and

(ii) the total amount of those payments; and

(iii) the reporting period during which the payments were

made; and

(b) if a report is required under subsection (1) in relation to the

later reporting period--include the paragraph (a) report in the

subsection (1) report; and

Schedule 1 Amendments

6 Financial Framework Legislation Amendment Bill (No. 4) 2012 No. , 2012

the Chief Executive Officer thinks fit, the paragraph (a)

report.

Reporting period

(6) For the purposes of this section, a reporting period is:

(a) a financial year; or

(b) if a shorter recurring period is prescribed in an instrument

under subsection (7)--that period.

(7) The Minister may, by legislative instrument, prescribe a recurring

period for the purposes of paragraph (6)(b).

Applicable publication period

(8) For the purposes of this section, the applicable publication period

for a reporting period is the period of:

(a) 4 months; or

(b) if a lesser number of months is prescribed, in relation to the

reporting period, in an instrument under subsection (9)--that

number of months;

beginning immediately after the end of the reporting period.

(9) The Minister may, by legislative instrument, prescribe a number of

months, in relation to a reporting period, for the purposes of

paragraph (8)(b).

ComSuper official

(10) For the purposes of this section, ComSuper official means an

official (within the meaning of the Financial Management and

Accountability Act 1997) who is in ComSuper or is part of

ComSuper.

Public Accounts and Audit Committee Act 1951

7 Section 4

Insert:

Chair means the Chair of the Committee.

Commonwealth of Australia Bills

FINANCIAL FRAMEWORK LEGISLATION AMENDMENT BILL (NO. 4) 2012