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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Overseas Aid (Millennium Development
Goals) Bill 2013
No. , 2013
(Senator Rhiannon)
A Bill for an Act to require Australia to meet
United Nations targets for official development
assistance and to establish an Independent
Commissioner on Aid Effectiveness, and for related
purposes
i Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013
Contents
Part 1--Preliminary
2
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Objects ............................................................................................... 2
4
Definitions ......................................................................................... 2
Part 2--United Nations targets for official development
assistance
4
5
Targets for official development assistance--up to and
including 2020-21 financial year ....................................................... 4
6
Annual statement ............................................................................... 4
7
United Nation's Millennium Development Goals ............................. 5
Part 3--Independent Commissioner on Aid Effectiveness
6
8
Establishment of role of Commissioner ............................................. 6
9
Commissioner has privileges and immunities of the Crown .............. 6
10
Functions of the Commissioner ......................................................... 6
11
Reports to be tabled in Parliament ..................................................... 7
12
Appointment ...................................................................................... 7
13
Term of appointment ......................................................................... 7
14
Acting Commissioner ........................................................................ 7
15
Remuneration ..................................................................................... 7
16
Leave of absence ................................................................................ 8
17
Disclosure of interests to the Minister ............................................... 8
18
Outside employment .......................................................................... 8
19
Other terms and conditions ................................................................ 8
20
Resignation ........................................................................................ 8
21
Termination of appointment .............................................................. 9
22
Delegation .......................................................................................... 9
23
Staff ................................................................................................. 10
24
Consultants ...................................................................................... 10
25
Annual report ................................................................................... 10
Part 4--Other amendment
12
26
Appropriation ................................................................................... 12
Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013 1
A Bill for an Act to require Australia to meet
1
United Nations targets for official development
2
assistance and to establish an Independent
3
Commissioner on Aid Effectiveness, and for related
4
purposes
5
6
The Parliament of Australia enacts:
7
Part 1 Preliminary
Section 1
2 Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013
Part 1--Preliminary
1
2
1 Short title
3
This Act may be cited as the Overseas Aid (Millennium
4
Development Goals) Act 2013.
5
2 Commencement
6
This Act commences on the day this Act receives the Royal
7
Assent.
8
3 Objects
9
The objects of this Act are to:
10
(a) ensure that Australia provides appropriate levels of official
11
development assistance; and
12
(b) ensure that Australia meets the United Nations millennium
13
development goal targets and any equivalent internationally
14
agreed development goals to which Australia becomes a
15
signatory; and
16
(c) require the Minister to provide the Parliament with an annual
17
statement outlining the amount of Australia's annual official
18
development assistance; and
19
(d) if necessary, require the Minister to provide the Parliament
20
with an explanation as to why Australia has failed to
21
adequately implement the United Nations millennium
22
development goal targets; and
23
(e) establish the Independent Commissioner on Aid
24
Effectiveness for the purpose of considering the relevance,
25
impact, value for money and sustainability of Australia's
26
development assistance.
27
4 Definitions
28
For the purposes of this Act:
29
climate finance means financial assistance provided by the
30
Australian Government to the government of another country in
31
Independent Commissioner on Aid Effectiveness Part 1
Section 4
Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013 3
accordance with agreements under the United Nations Framework
1
Convention on Climate Change.
2
Commissioner means the role of the Independent Commissioner
3
on Aid Effectiveness established by section 8.
4
excluded official development assistance means flows (within the
5
meaning of that term as defined in the Organisation for Economic
6
Co-operation and Development meaning of official development
7
assistance) that are provided by the Australian Government for the
8
purpose of providing:
9
(a) climate finance; or
10
(b) asylum seeker assistance in Australia; or
11
(c) assistance to another country if:
12
(i) the other country is a regional processing country for
13
the purpose of section 198AB of the Migration Act
14
1958; and
15
(ii) the assistance is provided for the purpose of
16
implementing Australia's border security strategy; or
17
(c) military assistance.
18
Note:
Assistance provided to another country for the purpose of operating an
19
offshore detention centre for people who are unauthorised maritime
20
arrivals in Australia is assistance that is covered by paragraph (c) of
21
the definition.
22
official development assistance means flows (within the meaning
23
of that term as defined in the Organisation for Economic Co-
24
operation and Development meaning of official development
25
assistance) that are provided by the Australian Government , but do
26
not include excluded official development assistance.
27
28
Part 2 United Nations targets for official development assistance
Section 5
4 Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013
Part 2--United Nations targets for official
1
development assistance
2
5 Targets for official development assistance--up to and including
3
2020-21 financial year
4
The Minister must ensure, in respect of each financial year referred
5
to in column 1 of the table, that Australia provides official
6
development assistance that is at least equal to the amount referred
7
to in column 2 of the table.
8
9
Column 1
Column 2
Financial
year
Minimum amount of official development
assistance to be provided
2015-16
An amount equal to at least 0.5% of Australia's
gross national income for the year
2016-17
An amount equal to at least 0.54% of Australia's
gross national income for the year
2017-18
An amount equal to at least 0.58% of Australia's
gross national income for the year
2018-19
An amount equal to at least 0.62% of Australia's
gross national income for the year
2019-20
An amount equal to at least 0.66% of Australia's
gross national income for the year
2020-21 and
all later
financial years
An amount equal to at least 0.7% of Australia's
gross national income for the year
6 Annual statement
10
The Minister must, by 1 August each year, prepare, and table in
11
both Houses of the Parliament, a report which provides details
12
about:
13
(a) the amount of official development assistance provided by
14
Australia during the previous financial year; and
15
United Nations targets for official development assistance Part 2
Section 7
Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013 5
(b) whether that official development assistance was sufficient to
1
meet Australia's international obligations in respect of the
2
United Nations millennium development goal targets; and
3
(c) if the official development assistance is not sufficient to meet
4
Australia's international obligations in respect of the United
5
Nations millennium development goal targets--the steps that
6
are being taken to ensure that Australia meets those
7
international obligations in future years.
8
7 United Nation's Millennium Development Goals
9
In respect of each financial year starting on or after 1 July 2021,
10
the Minister must ensure that Australia satisfies its international
11
obligations in respect of the United Nation's Millennium
12
Development Goals or equivalent internationally agreed
13
development goals to which Australia becomes a signatory.
14
15
Part 3 Independent Commissioner on Aid Effectiveness
Section 8
6 Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013
Part 3--Independent Commissioner on Aid
1
Effectiveness
2
8 Establishment of role of Commissioner
3
(1) There is to be an Independent Commissioner on Aid Effectiveness.
4
(2) The Commissioner has:
5
(a) the general administration of this Act; and
6
(b) the other powers and functions conferred or imposed on him
7
or her by this Act or any other law.
8
Note:
The expenditure of public money must comply with the requirements
9
in the Financial Management and Accountability Act 1997.
10
9 Commissioner has privileges and immunities of the Crown
11
The Commissioner has the privileges and immunities of the
12
Crown.
13
10 Functions of the Commissioner
14
The Commissioner's functions are to:
15
(a) consider whether Australia's official development assistance
16
is effective in terms of Australia meeting the United Nations
17
millennium development goal targets; and
18
(b) consider the relevance, impact, effectiveness, value for
19
money and sustainability of Australia's official development
20
assistance; and
21
(c) consider any issue in connection with Australia's official
22
development assistance that the Commissioner considers
23
relevant; and
24
(d) prepare reports on these issues for consideration by the
25
Minister and Parliament; and
26
(e) prepare reports on any issue that the Minister requests the
27
Commissioner to consider.
28
Independent Commissioner on Aid Effectiveness Part 3
Section 11 Reports to be tabled in Parliament
Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013 7
11 Reports to be tabled in Parliament
1
The Minister must cause a copy of each report prepared for the
2
purposes of section 10 to be tabled in each House of the Parliament
3
within 15 sitting days of that House after the day on which the
4
Minister receives the report.
5
12 Appointment
6
(1) The Commissioner is to be appointed by the Governor-General by
7
written instrument.
8
(2) The Commissioner is to be appointed on a full-time basis.
9
13 Term of appointment
10
The Commissioner holds office for the period specified in the
11
instrument of appointment. The period must not exceed 5 years.
12
Note:
The Commissioner is eligible for reappointment (see section 33AA of
13
the Acts Interpretation Act 1901).
14
14 Acting Commissioner
15
The Minister may appoint an individual to act as the
16
Commissioner:
17
(a) during a vacancy in the office of the Commissioner (whether
18
or not an appointment has previously been made to the
19
office); or
20
(b) during any period, or during all periods, when the
21
Commissioner is absent from duty or from Australia, or is,
22
for any reason, unable to perform the duties of the office.
23
Note:
Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules
24
that apply to acting appointments.
25
15 Remuneration
26
(1) The Commissioner is to be paid the remuneration that is
27
determined by the Remuneration Tribunal. If no determination of
28
that remuneration by the Tribunal is in operation, the
29
Commissioner is to be paid the remuneration that is prescribed.
30
Part 3 Independent Commissioner on Aid Effectiveness
Section 16
8 Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013
(2) The Commissioner is to be paid the allowances that are prescribed.
1
(3) This section has effect subject to the Remuneration Tribunal Act
2
1973.
3
16 Leave of absence
4
(1) The Commissioner has the recreation leave entitlements that are
5
determined by the Remuneration Tribunal.
6
(2) The Minister may grant the Commissioner leave of absence, other
7
than recreation leave, on the terms and conditions as to
8
remuneration or otherwise that the Minister determines.
9
17 Disclosure of interests to the Minister
10
The Commissioner must give written notice to the Minister of all
11
interests, pecuniary or otherwise, that the Commissioner has or
12
acquires and that conflict or could conflict with the proper
13
performance of the Commissioner's functions.
14
18 Outside employment
15
The Commissioner must not engage in paid employment outside
16
the duties of his or her office without the Minister's approval.
17
19 Other terms and conditions
18
The Commissioner holds office on the terms and conditions (if
19
any) in relation to matters not covered by this Act that are
20
determined by the Minister.
21
20 Resignation
22
(1) The Commissioner may resign his or her appointment by giving
23
the Governor-General a signed notice of resignation.
24
(2) The resignation takes effect on the day it is received by the
25
Governor-General or, if a later day is specified in the resignation,
26
on that later day.
27
Independent Commissioner on Aid Effectiveness Part 3
Section 21
Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013 9
21 Termination of appointment
1
(1) The Governor-General may terminate the appointment of the
2
Commissioner:
3
(a) for misbehaviour; or
4
(b) if the Commissioner is unable to perform the duties of his or
5
her office because of physical or mental incapacity.
6
(2) The Governor-General may terminate the appointment of the
7
Commissioner if:
8
(a) the Commissioner:
9
(i) becomes bankrupt; or
10
(ii) applies to take the benefit of any law for the relief of
11
bankrupt or insolvent debtors; or
12
(iii) compounds with his or her creditors; or
13
(iv) makes an assignment of his or her remuneration for the
14
benefit of his or her creditors; or
15
(b) the Commissioner is absent, except on leave of absence, for
16
14 consecutive days or for 28 days in any 12 months; or
17
(c) the Commissioner fails, without reasonable excuse, to
18
comply with section 17; or
19
(d) if the Commissioner engages, without the Minister's
20
approval, in paid employment outside the duties of his or her
21
office (see section 18).
22
22 Delegation
23
(1) The Commissioner may, by instrument in writing, delegate any of
24
the Commissioner's powers or functions to an SES employee, or
25
acting SES employee, who is a member of the staff assisting the
26
Commissioner as mentioned in subsection 23(1).
27
(2) In exercising powers under a delegation, the delegate must comply
28
with any written directions of the Commissioner.
29
Note:
See section 34AAB of the Acts Interpretation Act 1901.
30
Part 3 Independent Commissioner on Aid Effectiveness
Section 23
10 Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013
23 Staff
1
(1) The Minister may direct the staff of the Department to assist the
2
Commissioner in carrying out his or her functions under this Act.
3
(2) The staff referred to in subsection (1) are to be persons engaged
4
under the Public Service Act 1999 and made available for the
5
purpose by the Minister's Department.
6
(3) When performing services for the Commissioner under this
7
section, a person is subject to the directions of the Commissioner.
8
24 Consultants
9
The Commissioner may, on behalf of the Commonwealth, engage
10
consultants to assist in the performance of the Commissioner's
11
functions.
12
25 Annual report
13
Annual report to be given to Minister
14
(1) The Commissioner must, as soon as practicable after the end of
15
each financial year, prepare and give to the Minister, for
16
presentation to the Parliament, a report on the Commissioner's
17
operations during that year.
18
Note:
See also section 34C of the Acts Interpretation Act 1901, which
19
contains provisions about annual reports.
20
Contents of annual report
21
(2) The Commissioner must include in the report:
22
(a) an evaluation of the Commissioner's overall performance
23
during the year; and
24
(b) details of the Commissioner's functions and the information
25
that the Commission has identified whilst carrying out those
26
functions.
27
Independent Commissioner on Aid Effectiveness Part 3
Section 25
Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013 11
Annual report to be tabled in Parliament
1
(3) The Minister must cause a copy of the report to be tabled in each
2
House of the Parliament within 15 sitting days of that House after
3
the day on which the Minister receives the report.
4
5
Part 3 Independent Commissioner on Aid Effectiveness
Section 26
12 Overseas Aid (Millennium Development Goals) Bill 2013 No. , 2013
Part 4--Other amendment
1
26 Appropriation
2
Payments made for the purpose of this Act are to be made out of
3
money appropriated by the Parliament for the purposes of this Act.
4
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