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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Public Governance and Resources
Legislation Amendment Bill (No. 1) 2015
No. , 2015
(Finance)
A Bill for an Act to amend the law relating to the
governance, performance and accountability of,
and the use and management of resources by, the
Commonwealth, Commonwealth entities and
Commonwealth companies, and to deal with
consequential and transitional matters in
connection with the Public Governance,
Performance and Accountability Act 2013, and for
other purposes
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
i
Contents
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
4
Definitions ......................................................................................... 2
Schedule 1--Public Governance, Performance and
Accountability Act 2013
3
Part 1--Amendments
3
Part 2--Application of amendments
6
Schedule 2--Public Governance, Performance and
Accountability (Consequential and Transitional
Provisions) Act 2014
7
Schedule 3--Bodies ceasing to be bodies corporate
9
Part 1--Amendments
9
Clean Energy Regulator Act 2011
9
Climate Change Authority Act 2011
10
Part 2--Transitional provisions
11
Schedule 4--Listed entities
12
Clean Energy Regulator Act 2011
12
Climate Change Authority Act 2011
12
Schedule 5--Consequential amendments relating to the Public
Governance, Performance and Accountability Act
2013
14
Part 1--Amendments
14
Agricultural and Veterinary Chemicals (Administration) Act 1992
14
A New Tax System (Goods and Services Tax) Act 1999
14
Australian National Registry of Emissions Units Act 2011
15
Australian Securities and Investments Commission Act 2001
15
Carbon Credits (Carbon Farming Initiative) Act 2011
17
Clean Energy Regulator Act 2011
17
ii
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Climate Change Authority Act 2011
19
Corporations Act 2001
21
Financial Framework (Supplementary Powers) Act 1997
23
Income Tax Assessment Act 1936
23
Income Tax Assessment Act 1997
23
Infrastructure Australia Act 2008
23
National Land Transport Act 2014
26
Ozone Protection and Synthetic Greenhouse Gas (Import Levy)
(Transitional Provisions) Act 2014
26
Ozone Protection and Synthetic Greenhouse Gas Management Act
1989
26
Renewable Energy (Electricity) Act 2000
27
Social Security Act 1991
28
Social Security (Administration) Act 1999
29
Student Identifiers Act 2014
29
Superannuation Guarantee (Administration) Act 1992
30
Taxation Administration Act 1953
30
Water Act 2007
30
Part 2--Transitional and application provisions
32
Schedule 6--Other amendments
34
Air Services Act 1995
34
Auditor-General Act 1997
34
Australian Trade Commission Act 1985
35
Future Fund Act 2006
37
Health Insurance Act 1973
45
Industrial Chemicals (Notification and Assessment) Act 1989
46
International Organisations (Privileges and Immunities) Act 1963
46
Reserve Bank Act 1959
47
Terrorism Insurance Act 2003
50
Schedule 7--Other transitional provisions
51
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
1
A Bill for an Act to amend the law relating to the
1
governance, performance and accountability of,
2
and the use and management of resources by, the
3
Commonwealth, Commonwealth entities and
4
Commonwealth companies, and to deal with
5
consequential and transitional matters in
6
connection with the Public Governance,
7
Performance and Accountability Act 2013, and for
8
other purposes
9
The Parliament of Australia enacts:
10
2
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
1 Short title
1
This Act may be cited as the Public Governance and Resources
2
Legislation Amendment Act (No. 1) 2015.
3
2 Commencement
4
This Act commences on the day after this Act receives the Royal
5
Assent.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
4 Definitions
12
In this Act:
13
reporting period has the meaning given by the Public Governance,
14
Performance and Accountability Act 2013.
15
Public Governance, Performance and Accountability Act 2013 Schedule 1
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
3
Schedule 1
--Public Governance, Performance
1
and Accountability Act 2013
2
Part 1
--Amendments
3
1 Section 8
4
Insert:
5
GST has the same meaning as in the GST Act.
6
GST Act means the A New Tax System (Goods and Services Tax)
7
Act 1999, as it applies because of Division 177 of that Act.
8
Note:
Under Division 177 of the GST Act, that Act applies notionally to the
9
Commonwealth and Commonwealth entities. They are therefore
10
notionally liable to pay GST, are notionally entitled to input tax
11
credits and notionally have adjustments.
12
GST qualifying amount: see subsection 74A(3).
13
2 Section 8 (paragraph (b) of the definition of reporting
14
period)
15
After "prescribed by", insert "an Act or".
16
3 Paragraph 35(1)(a)
17
After "corporate plan", insert "(however described)".
18
4 Section 73 (paragraph relating to Division 2)
19
After "certain amounts", insert "or make payments relating to GST".
20
5 After section 74
21
Insert:
22
74A Recoverable GST for non-corporate Commonwealth entities
23
Recoverable GST on acquisitions
24
(1) If:
25
(a) a non-corporate Commonwealth entity makes a payment in
26
relation to an acquisition; and
27
Schedule 1 Public Governance, Performance and Accountability Act 2013
Part 1 Amendments
4
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(b) the payment is made in reliance on an appropriation that is
1
limited as to amount; and
2
(c) a GST qualifying amount (see subsection (3)) arises for that
3
acquisition;
4
then the amount of the GST qualifying amount may be credited to
5
the appropriation.
6
Recoverable GST on importations
7
(2) If:
8
(a) a non-corporate Commonwealth entity makes a payment of
9
GST on an importation; and
10
(b) the payment is made in reliance on an appropriation that is
11
limited as to amount; and
12
(c) a GST qualifying amount (see subsection (3)) arises for that
13
importation;
14
then the amount of the GST qualifying amount may be credited to
15
the appropriation.
16
Meaning of GST qualifying amount
17
(3) A GST qualifying amount is:
18
(a) an input tax credit (within the meaning of the GST Act); or
19
(b) a decreasing adjustment (within the meaning of the GST
20
Act).
21
When crediting of appropriation takes effect
22
(4) The crediting of an amount in accordance with subsection (1) or
23
(2) takes effect at the time an entry recording the GST qualifying
24
amount is made in the accounts and records of the non-corporate
25
Commonwealth entity.
26
Rules about GST arrangements
27
(5) The rules may prescribe matters relating to GST arrangements for
28
non-corporate Commonwealth entities.
29
6 Subsection 75(2)
30
Repeal the subsection (not including the heading), substitute:
31
Public Governance, Performance and Accountability Act 2013 Schedule 1
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
5
(2) The Finance Minister may determine that the operation of one or
1
more Schedules to one or more Appropriation Acts is modified in a
2
specified way. The modification must be related to the transfer of
3
function.
4
7 Subsection 75(3)
5
Omit "the Schedule concerned were amended", substitute "the
6
operation of the Schedule concerned were modified".
7
8 Paragraph 95(1)(a)
8
After "corporate plan", insert "(however described)".
9
Schedule 1 Public Governance, Performance and Accountability Act 2013
Part 2 Application of amendments
6
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Part 2
--Application of amendments
1
9 Application of amendments
2
(1)
The amendments made by items 1, 4 and 5 of this Schedule apply in
3
relation to payments that are made on or after 1 July 2015.
4
(2)
The amendments made by items 6 and 7 of this Schedule apply to
5
determinations made after the commencement of this Schedule in
6
relation to transfers of functions occurring before or after that time.
7
Public Governance, Performance and Accountability (Consequential and Transitional
Provisions) Act 2014 Schedule 2
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
7
Schedule 2
--Public Governance, Performance
1
and Accountability (Consequential and
2
Transitional Provisions) Act 2014
3
4
1 Items 2, 4, 5 and 6 of Schedule 1
5
Omit "after the commencement time", substitute "on or after 1 July
6
2014".
7
2 Item 21 of Schedule 1
8
After "Commonwealth" (second occurring), insert "before or".
9
3 Application of amendment
10
The amendment of item 21 of Schedule 1 to the Public Governance,
11
Performance and Accountability (Consequential and Transitional
12
Provisions) Act 2014 made by this Schedule applies in relation to any
13
amounts received by the Commonwealth, whether before or after this
14
item commences.
15
4 Item 38 of Schedule 2
16
Repeal the item.
17
5 Subitem 2(1) of Schedule 3
18
Repeal the subitem, substitute:
19
(1) Despite the repeal of the provisions of the CAC Act referred to in
20
subitem (1A), those provisions continue to apply after the
21
commencement time in relation to reporting periods that:
22
(a) commenced before 1 July 2014; and
23
(b) either:
24
(i) ended on 30 June 2014; or
25
(ii) had not ended on 30 June 2014.
26
(1A) For subitem (1), the provisions of the CAC Act are as follows:
27
(a) section 9 (which deals with directors preparing annual
28
reports);
29
(b) section 10 (which deals with modified requirements for a
30
Commonwealth authority's first year of existence);
31
Schedule 2 Public Governance, Performance and Accountability (Consequential and
Transitional Provisions) Act 2014
8
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(c) section 12 (which deals with auditing a relevant subsidiary's
1
financial statements);
2
(d) section 14 (which deals with estimates);
3
(e) section 36 (which deals with annual reports for
4
Commonwealth companies);
5
(f) section 37 (which deals with auditing relevant subsidiary's
6
financial statements);
7
(g) section 39 (which deals with estimates);
8
(h) Schedule 1 (which deals with annual report for
9
Commonwealth authorities).
10
6 Item 16 of Schedule 3
11
Repeal the item.
12
7 Item 2 of Schedule 14
13
Omit "at or after the commencement time", substitute "on or after
14
1 July 2014".
15
8 Item 5 of Schedule 14
16
Omit "under the enabling Act" (last occurring), substitute "under the
17
Legislative Instruments Act 2003".
18
9 Subitem 6(3) of Schedule 14
19
Omit "at or after the commencement time", substitute "on or after
20
1 July 2014".
21
Bodies ceasing to be bodies corporate Schedule 3
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
9
Schedule 3
--Bodies ceasing to be bodies
1
corporate
2
Part 1
--Amendments
3
Clean Energy Regulator Act 2011
4
1 Section 11 (note)
5
Repeal the note, substitute:
6
Note 1:
The Regulator does not have a legal identity separate from the
7
Commonwealth.
8
Note 2:
In this Act, Regulator means the Clean Energy Regulator--see
9
section 4.
10
2 Sections 13 and 14
11
Repeal the sections, substitute:
12
13 Powers of the Regulator
13
The Regulator has power to do all things necessary or convenient
14
to be done for or in connection with the performance of its
15
functions.
16
Note:
The Chair of the Regulator may enter into contracts and other
17
arrangements on behalf of the Commonwealth. See section 23 of the
18
Public Governance, Performance and Accountability Act 2013.
19
3 Division 2 of Part 2 (heading)
20
Repeal the heading, substitute:
21
Division 2--Membership of the Regulator
22
4 Section 16
23
Repeal the section.
24
5 Before section 57
25
Insert:
26
Schedule 3 Bodies ceasing to be bodies corporate
Part 1 Amendments
10
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
57A Proceedings in the name of the Regulator
1
(1) Proceedings brought by the Commonwealth in relation to the
2
functions or powers of the Regulator may be brought in the name
3
of the Regulator.
4
(2) Proceedings brought against the Commonwealth in relation to the
5
functions or powers of the Regulator may be brought against the
6
Commonwealth in the name of the Regulator.
7
Climate Change Authority Act 2011
8
6 Section 10 (note)
9
Repeal the note, substitute:
10
Note 1:
The Authority does not have a legal identity separate from the
11
Commonwealth.
12
Note 2:
In this Act, Authority means the Climate Change Authority--see
13
section 4.
14
7 Sections 13 and 14
15
Repeal the sections, substitute:
16
13 Powers of the Authority
17
The Authority has power to do all things necessary or convenient
18
to be done for or in connection with the performance of its
19
functions.
20
Note:
The CEO may enter into contracts and other arrangements on behalf
21
of the Commonwealth. See section 23 of the Public Governance,
22
Performance and Accountability Act 2013.
23
8 Division 2 of Part 2 (heading)
24
Repeal the heading, substitute:
25
Division 2--Membership of the Authority etc.
26
9 Subdivision A of Division 2 of Part 2
27
Repeal the Subdivision.
28
Bodies ceasing to be bodies corporate Schedule 3
Transitional provisions Part 2
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
11
Part 2
--Transitional provisions
1
10 Transitional provisions
2
Part 2 of Schedule 5 to the Public Governance, Performance and
3
Accountability (Consequential and Transitional Provisions) Act 2014
4
applies for the purposes of this Schedule as if:
5
(a) a reference in that Part to the commencement day were a
6
reference to the day this Schedule commences; and
7
(b) a reference in that Part to a decorporatised body were a
8
reference to:
9
(i) the Clean Energy Regulator; or
10
(ii) the Climate Change Authority.
11
Schedule 4 Listed entities
12
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Schedule 4
--Listed entities
1
2
Clean Energy Regulator Act 2011
3
1 Section 11
4
Before "The", insert "(1)".
5
2 At the end of section 11
6
Add:
7
(2) For the purposes of the finance law (within the meaning of the
8
Public Governance, Performance and Accountability Act 2013):
9
(a) the Regulator is a listed entity; and
10
(b) the Chair of the Regulator is the accountable authority of the
11
Regulator; and
12
(c) the following persons are officials of the Regulator:
13
(i) the Chair of the Regulator;
14
(ii) the other members of the Regulator;
15
(iii) the staff of the Regulator referred to in section 36;
16
(iv) persons whose services are made available to the
17
Regulator under section 37;
18
(v) consultants engaged under section 38; and
19
(d) the purposes of the Regulator include the functions of the
20
Regulator referred to in section 12.
21
Climate Change Authority Act 2011
22
3 Section 10
23
Before "The", insert "(1)".
24
4 At the end of section 10
25
Add:
26
(2) For the purposes of the finance law (within the meaning of the
27
Public Governance, Performance and Accountability Act 2013):
28
(a) the Authority is a listed entity; and
29
Listed entities Schedule 4
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
13
(b) the CEO is the accountable authority of the Authority; and
1
(c) the following persons are officials of the Authority:
2
(i) the CEO;
3
(ii) an Authority member;
4
(iii) an associate Authority member;
5
(iv) the staff of the Authority;
6
(v) persons whose services are made available to the
7
Authority under section 53;
8
(vi) consultants engaged under section 54; and
9
(d) the purposes of the Authority include the functions of the
10
Authority referred to in section 11.
11
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
14
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Schedule 5
--Consequential amendments
1
relating to the Public Governance,
2
Performance and Accountability Act
3
2013
4
Part 1
--Amendments
5
Agricultural and Veterinary Chemicals (Administration) Act
6
1992
7
1 At the end of Division 3 of Part 3
8
Add:
9
25A Board members are officials of the APVMA
10
For the purposes of the Public Governance, Performance and
11
Accountability Act 2013, a Board member is an official (within the
12
meaning of that Act) of the APVMA.
13
A New Tax System (Goods and Services Tax) Act 1999
14
2 Subsection 177-1(5)
15
Repeal the subsection, substitute:
16
(5) Untaxable Commonwealth entity means a Commonwealth entity
17
(within the meaning of the Public Governance, Performance and
18
Accountability Act 2013) that cannot be made liable to taxation by
19
a law of the Commonwealth.
20
3 Section 195-1 (definition of Finance Minister)
21
Omit "Financial Management and Accountability Act 1997", substitute
22
"Public Governance, Performance and Accountability Act 2013".
23
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
15
Australian National Registry of Emissions Units Act 2011
1
4 Subsection 93(2)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
Australian Securities and Investments Commission Act 2001
5
5 Paragraph 10A(a)
6
Omit "Financial Management and Accountability Act 1997", substitute
7
"Public Governance, Performance and Accountability Act 2013".
8
6 Paragraph 111(1)(e)
9
Repeal the paragraph, substitute:
10
(e) without reasonable excuse, contravenes section 123 or 125;
11
or
12
(f) without reasonable excuse, contravenes section 29 of the
13
Public Governance, Performance and Accountability Act
14
2013 (which deals with the duty to disclose interests) or rules
15
made for the purposes of that section.
16
7 Section 124
17
Repeal the section.
18
8 Subsections 136(1) and (2)
19
Repeal the subsections, substitute:
20
Content of annual report
21
(1) The report prepared by the Chairperson and given to the Minister
22
under section 46 of the Public Governance, Performance and
23
Accountability Act 2013 for a period must include the following:
24
(a) information about the exercise during the period of ASIC's
25
powers under Part 15 of the Retirement Savings Accounts Act
26
1997 and under Part 29 of the Superannuation Industry
27
(Supervision) Act 1993;
28
(b) information about ASIC's monitoring and promotion of
29
market integrity and consumer protection in relation to:
30
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
16
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(i) the Australian financial system; and
1
(ii) the provision of financial services;
2
(c) in relation to ASIC's functions under subsection 11(14), in
3
relation to each agreement or arrangement entered into by
4
ASIC under that subsection, information about the activities
5
that ASIC has undertaken during the period in accordance
6
with that agreement or arrangement;
7
(d) information about the operation of the Business Names
8
Registration Act 2011 including:
9
(i) details of the level of access to the Business Names
10
Register using the internet and other facilities; and
11
(ii) the timeliness with which ASIC carries out its duties,
12
functions and powers under the Act; and
13
(iii) the cost of registration of a business name under the
14
Act;
15
(e) information required to be included in the report by
16
regulations under subsection (2A).
17
Note:
Section 34C of the Acts Interpretation Act 1901 contains provisions
18
relating to annual reports.
19
9 Subsection 136(3)
20
Repeal the subsection.
21
10 Paragraph 235D(3)(c)
22
Repeal the paragraph, substitute:
23
(c) include a copy of the advice and of his or her reasons in the
24
annual report given by the Chair under section 46 of the
25
Public Governance, Performance and Accountability Act
26
2013 for the period during which the action is taken.
27
11 Paragraph 235F(3)(c)
28
Omit "Commonwealth Authorities and Companies Act 1997", substitute
29
"Public Governance, Performance and Accountability Act 2013".
30
12 Section 235H
31
Omit "Financial Management and Accountability Act 1997", substitute
32
"Public Governance, Performance and Accountability Act 2013".
33
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
17
13 Section 235J
1
Repeal the section.
2
14 Paragraph 236DB(3)(c)
3
Repeal the paragraph, substitute:
4
(c) include a copy of the advice and of his or her reasons in the
5
annual report given by the Chair under section 46 of the
6
Public Governance, Performance and Accountability Act
7
2013 for the period during which the action is taken.
8
15 Paragraph 236DD(3)(c)
9
Omit "Commonwealth Authorities and Companies Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
16 Section 236DF
12
Omit "Financial Management and Accountability Act 1997", substitute
13
"Public Governance, Performance and Accountability Act 2013".
14
17 Section 236DG
15
Repeal the section.
16
Carbon Credits (Carbon Farming Initiative) Act 2011
17
18 Subsection 183(1) (note)
18
Repeal the note, substitute:
19
Note:
For the appropriation for the refund, see section 77 of the Public
20
Governance, Performance and Accountability Act 2013.
21
19 Subsection 299(2)
22
Omit "Financial Management and Accountability Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
Clean Energy Regulator Act 2011
25
20 Section 22
26
Repeal the section, substitute:
27
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
18
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
22 Disclosure of interests
1
(1) A disclosure by a member of the Regulator under section 29 of the
2
Public Governance, Performance and Accountability Act 2013
3
(which deals with the duty to disclose interests) must be made to
4
the Minister.
5
(2) Subsection (1) applies in addition to any rules made for the
6
purposes of that section.
7
(3)
For the purposes of this Act and the Public Governance,
8
Performance and Accountability Act 2013, a member of the
9
Regulator
is taken not to have complied with section 29 of that Act
10
if the member does not comply with subsection (1) of this section.
11
21 Section 23
12
Repeal the section.
13
22 Paragraph 27(2)(d)
14
Omit "22 or 23", substitute "29 of the Public Governance, Performance
15
and Accountability Act 2013 (which deals with the duty to disclose
16
interests) or rules made for the purposes of that section".
17
23 Division 7 of Part 2
18
Repeal the Division, substitute:
19
Division 7--Planning and reporting obligations
20
39 Corporate plan
21
(1) A corporate plan prepared by the Chair of the Regulator under
22
section 35 of the Public Governance, Performance and
23
Accountability Act 2013 must include such matters (if any) as the
24
Minister requires.
25
(2) The Minister may give the Chair written guidelines that are to be
26
used by the Chair in deciding whether a matter is covered by
27
subsection (1).
28
(3) A guideline given under subsection (2) is not a legislative
29
instrument.
30
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
19
40 Annual report
1
(1) An annual report prepared by the Chair of the Regulator and given
2
to the Minister under section 46 of the Public Governance,
3
Performance and Accountability Act 2013 is in addition to a report
4
under section 105 of the Renewable Energy (Electricity) Act 2000
5
(the REE Act).
6
(2) If a report (the REE report) under section 105 of the REE Act
7
relating to a calendar year has been presented to the Parliament, the
8
report prepared by the Chair and given to the Minister under
9
section 46 of the Public Governance, Performance and
10
Accountability Act 2013 for a period that ends after the end of the
11
calendar year:
12
(a) need not deal comprehensively with the working of the REE
13
Act during any part of that period that overlaps with the
14
calendar year; and
15
(b) must include a summary of the REE report, to the extent that
16
the REE report deals with the working of the REE Act during
17
any part of that period that overlaps with the calendar year.
18
24 Paragraph 42(a)
19
Omit "Financial Management and Accountability Act 1997", substitute
20
"Public Governance, Performance and Accountability Act 2013".
21
Climate Change Authority Act 2011
22
25 Sections 26 and 27
23
Repeal the sections, substitute:
24
26 Disclosure of interests to the Climate Change Minister
25
(1) A disclosure by an Authority member or an associate Authority
26
member under section 29 of the Public Governance, Performance
27
and Accountability Act 2013 (which deals with the duty to disclose
28
interests) must be made to the Climate Change Minister.
29
(2) Subsection (1) applies in addition to any rules made for the
30
purposes of that section.
31
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
20
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(3) For the purposes of this Act and the Public Governance,
1
Performance and Accountability Act 2013, an Authority member
2
or an associate Authority member is taken not to have complied
3
with section 29 of that Act if the member does not comply with
4
subsection (1) of this section.
5
26 Paragraph 31(2)(d)
6
Repeal the paragraph, substitute:
7
(d) the Authority member or associate Authority member fails,
8
without reasonable excuse, to comply with section 29 of the
9
Public Governance, Performance and Accountability Act
10
2013 (which deals with the duty to disclose interests) or rules
11
made for the purpose of that section; or
12
27 Subsection 36(2)
13
Omit "section 27", substitute "any rules made for the purpose of
14
section 29 of the Public Governance, Performance and Accountability
15
Act 2013 (which deals with the duty to disclose interests)".
16
28 Section 48
17
Repeal the section, substitute:
18
48 Disclosure of interests to the Authority
19
(1) A disclosure by the CEO under section 29 of the Public
20
Governance, Performance and Accountability Act 2013 (which
21
deals with the duty to disclose interests) must be made to the
22
Authority.
23
(2) Subsection (1) applies in addition to any rules made for the
24
purposes of that section.
25
(3)
For the purposes of this Act and the Public Governance,
26
Performance and Accountability Act 2013, the CEO
is taken not to
27
have complied with section 29 of that Act if the CEO does not
28
comply with subsection (1) of this section.
29
29 Paragraph 50(2)(c)
30
Repeal the paragraph, substitute:
31
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
21
(c) the CEO fails, without reasonable excuse, to comply with
1
section 29 of the Public Governance, Performance and
2
Accountability Act 2013 (which deals with the duty to
3
disclose interests) or rules made for the purposes of that
4
section; or
5
30 Division 8 of Part 2
6
Repeal the Division, substitute:
7
Division 8--Corporate plans
8
55 Corporate plan
9
(1) A corporate plan prepared by the CEO under section 35 of the
10
Public Governance, Performance and Accountability Act 2013
11
must include such matters (if any) as the Minister requires.
12
(2) The Minister may give the CEO written guidelines that are to be
13
used by the CEO in deciding whether a matter is covered by
14
subsection (1).
15
(3) A guideline given under subsection (2) is not a legislative
16
instrument.
17
31 Paragraph 58(a)
18
Omit "Financial Management and Accountability Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
Corporations Act 2001
21
32 Paragraph 45B(1)(d)
22
Repeal the paragraph, substitute:
23
(d) it is not one of the following:
24
(i) a Commonwealth company for the purposes of the
25
Public Governance, Performance and Accountability
26
Act 2013;
27
(ii) a subsidiary of a Commonwealth company for the
28
purposes of that Act;
29
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
22
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(iii) a subsidiary of a corporate Commonwealth entity for the
1
purposes of that Act; and
2
33 Paragraph 111K(b)
3
Repeal the paragraph, substitute:
4
(b) is none of the following:
5
(i) a Commonwealth company for the purposes of the
6
Public Governance, Performance and Accountability
7
Act 2013;
8
(ii) a subsidiary of a Commonwealth company for the
9
purposes of that Act;
10
(iii) a subsidiary of a corporate Commonwealth entity for the
11
purposes of that Act.
12
34 Paragraph 301(3)(a)
13
Repeal the paragraph, substitute:
14
(a) the company is not one of the following:
15
(i) a Commonwealth company for the purposes of the
16
Public Governance, Performance and Accountability
17
Act 2013;
18
(ii) a subsidiary of a Commonwealth company for the
19
purposes of that Act;
20
(iii) a subsidiary of a corporate Commonwealth entity for the
21
purposes of that Act; and
22
35 Paragraph 601AE(1A)(a)
23
Omit "Special Account (within the meaning of section 5 of the
24
Financial Management and Accountability Act 1997", substitute
25
"special account (within the meaning of the Public Governance,
26
Performance and Accountability Act 2013".
27
36 Subparagraph 601AE(1A)(b)(ii)
28
Omit "Special Account (within the meaning of section 5 of the
29
Financial Management and Accountability Act 1997", substitute
30
"special account (within the meaning of the Public Governance,
31
Performance and Accountability Act 2013".
32
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
23
Financial Framework (Supplementary Powers) Act 1997
1
37 Section 5 (definition of Finance Minister)
2
Omit "this Act", substitute "the Public Governance, Performance and
3
Accountability Act 2013".
4
Income Tax Assessment Act 1936
5
38 Subsection 159ZR(1) (definition of eligible income)
6
Omit "section 33 of the Financial Management and Accountability Act
7
1997", substitute "section 65 of the Public Governance, Performance
8
and Accountability Act 2013 (which deals with act of grace payments
9
by the Commonwealth)".
10
39 Subsection 160AAA(1) (paragraph (f) of the definition of
11
rebatable benefit)
12
Omit "section 33 of the Financial Management and Accountability Act
13
1997", substitute "section 65 of the Public Governance, Performance
14
and Accountability Act 2013 (which deals with act of grace payments
15
by the Commonwealth)".
16
Income Tax Assessment Act 1997
17
40 Subsection 995-1(1) (definition of Finance Minister)
18
Omit "section 1 of the Financial Management and Accountability Act
19
1997", substitute "the Public Governance, Performance and
20
Accountability Act 2013".
21
Infrastructure Australia Act 2008
22
41 Section 3 (definition of Finance Minister)
23
Omit "Financial Management and Accountability Act 1997", substitute
24
"Public Governance, Performance and Accountability Act 2013".
25
42 Subsection 4(2) (note)
26
Repeal the note, substitute:
27
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
24
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Note:
The Public Governance, Performance and Accountability Act 2013
1
applies to Infrastructure Australia. That Act deals with matters relating
2
to corporate Commonwealth entities, including reporting and the use
3
and management of public resources.
4
43 Subsection 18(2)
5
Repeal the subsection, substitute:
6
(2) The Minister may terminate the appointment of a member if the
7
member:
8
(a) becomes bankrupt; or
9
(b) takes steps to take the benefit of any law for the relief of
10
bankrupt or insolvent debtors; or
11
(c) compounds with one or more of his or her creditors; or
12
(d) makes an assignment of his or her remuneration for the
13
benefit of one or more of his or her creditors.
14
Note:
The appointment of a member may also be terminated under
15
section 30 of the Public Governance, Performance and Accountability
16
Act 2013 (which deals with terminating the appointment of an
17
accountable authority, or a member of an accountable authority, for
18
contravening general duties of officials).
19
44 Paragraph 21(2)(a)
20
Omit "section 27J of the Commonwealth Authorities and Companies
21
Act 1997", substitute "rules made for the purposes of section 29 of the
22
Public Governance, Performance and Accountability Act 2013".
23
45 Section 34
24
Repeal the section, substitute:
25
34 Disclosure of interests
26
(1) A disclosure by the CEO under section 29 of the Public
27
Governance, Performance and Accountability Act 2013 (which
28
deals with the duty to disclose interests) must be made to the
29
Board.
30
(2) Subsection (1) applies in addition to any rules made for the
31
purposes of that section.
32
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
25
(3) For the purposes of this Act and the Public Governance,
1
Performance and Accountability Act 2013, the CEO is taken not to
2
have complied with section 29 of that Act if the CEO does not
3
comply with subsection (1) of this section.
4
46 Sections 39B and 39C
5
Repeal the sections, substitute:
6
39B Corporate plan
7
In preparing or varying a corporate plan under section 35 of the
8
Public Governance, Performance and Accountability Act 2013, the
9
Board must consult with:
10
(a) the Minister; and
11
(b) such of the following as it considers appropriate:
12
(i) government, commercial, industrial, consumer and other
13
relevant bodies and organisations;
14
(ii) investors in infrastructure and owners of infrastructure.
15
39C Annual report
16
The annual report prepared by the Board and given to the Minister
17
under section 46 of the Public Governance, Performance and
18
Accountability Act 2013 for a period must also include details of
19
any directions given to Infrastructure Australia by the Minister
20
under subsection 6(1) of this Act during the period.
21
47 Subsection 39DA(2)
22
Repeal the subsection, substitute:
23
(2) Subsection (1) does not prevent investment, under section 59 of the
24
Public Governance, Performance and Accountability Act 2013, of
25
money that is not immediately required for the purposes of
26
Infrastructure Australia.
27
48 Subsections 39DB(2), (3) and (4)
28
Repeal the subsections.
29
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
26
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
National Land Transport Act 2014
1
49 Subsection 4(1) (definition of non-corporate
2
Commonwealth entity)
3
Repeal the definition, substitute:
4
non-corporate Commonwealth entity has the same meaning as in
5
the Public Governance, Performance and Accountability Act 2013.
6
Note:
Section 51A deals with funding arrangements with non-corporate
7
Commonwealth entities.
8
Ozone Protection and Synthetic Greenhouse Gas (Import
9
Levy) (Transitional Provisions) Act 2014
10
50 Section 6 (note)
11
Repeal the note, substitute:
12
Note:
For the appropriation for the refund, see section 77 of the Public
13
Governance, Performance and Accountability Act 2013.
14
Ozone Protection and Synthetic Greenhouse Gas
15
Management Act 1989
16
51 Subsection 65B(2)
17
Repeal the subsection, substitute:
18
(2) The Account is a special account for the purposes of the Public
19
Governance, Performance and Accountability Act 2013.
20
52 Subsections 65C(2) and (3)
21
Repeal the subsections, substitute:
22
Notional payments and receipts by non-corporate Commonwealth
23
entities
24
(2) If:
25
(a) either:
26
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
27
(i) a non-corporate Commonwealth entity makes a notional
1
payment to another non-corporate Commonwealth
2
entity; or
3
(ii) one part of a non-corporate Commonwealth entity
4
makes a notional payment to another part of that entity;
5
and
6
(b) the transaction would involve the debiting of an
7
appropriation if the notional payment were a real payment;
8
then:
9
(c) this section applies in relation to the notional payment as if it
10
were a real payment; and
11
(d) this section applies in relation to the notional receipt of the
12
notional payment as if it were a real receipt.
13
Note:
This subsection applies to transactions that do not actually involve
14
payments or receipts, because the parties to the transaction
15
(non-corporate Commonwealth entities) are merely parts of the
16
Commonwealth.
17
(3) In subsection (2):
18
non-corporate Commonwealth entity has the same meaning as in
19
the Public Governance, Performance and Accountability Act 2013.
20
Renewable Energy (Electricity) Act 2000
21
53 Subsection 5(1)
22
Insert:
23
Finance Minister means the Minister administering the Public
24
Governance, Performance and Accountability Act 2013.
25
54 Subsection 5(1) (definition of Minister for Finance)
26
Repeal the definition.
27
55 Subsection 30R(2)
28
Omit "Special Account for the purposes of the Financial Management
29
and Accountability Act 1997", substitute "special account for the
30
purposes of the Public Governance, Performance and Accountability
31
Act 2013".
32
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
28
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
56 Section 30S (note)
1
Omit "Special Account" (wherever occurring), substitute "special
2
account".
3
57 Section 30T (note)
4
Repeal the note, substitute:
5
Note:
See section 80 of the Public Governance, Performance and
6
Accountability Act 2013 (which deals with special accounts).
7
58 Subsection 42(2)
8
Omit "Minister for Finance", substitute "Finance Minister".
9
59 Subsection 42(4) (definition of Commonwealth)
10
Repeal the definition, substitute:
11
Commonwealth includes a Commonwealth entity (within the
12
meaning of the Public Governance, Performance and
13
Accountability Act 2013) that cannot be made liable to taxation by
14
a Commonwealth law.
15
Social Security Act 1991
16
60 Subsections 1061PAAA(2) and 1061PAAB(3) (note)
17
Repeal the note.
18
61 Section 1061PAAE
19
Repeal the section, substitute:
20
1061PAAE Department official
21
For the purposes of this Division, Department official means a
22
person:
23
(a) who:
24
(i) is an official (within the meaning of the Public
25
Governance, Performance and Accountability Act 2013)
26
of the Department; or
27
(ii) is a Departmental employee (within the meaning of the
28
Human Services (Centrelink) Act 1997); and
29
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
29
(b) whose duties consist of, or include, matters relating to
1
Australian Government Disaster Recovery Payments.
2
Social Security (Administration) Act 1999
3
62 Subsection 123ZM(4) (note)
4
Repeal the note, substitute:
5
Note:
Subsection 56(1) of the Public Governance, Performance and
6
Accountability Act 2013 provides that an agreement for the borrowing
7
of money by the Commonwealth is of no effect unless the borrowing
8
is expressly authorised by or under an Act.
9
Student Identifiers Act 2014
10
63 Subsection 48(2)
11
Omit "Special Account for the purposes of the Financial Management
12
and Accountability Act 1997", substitute "special account for the
13
purposes of the Public Governance, Performance and Accountability
14
Act 2013".
15
64 Section 49 (note 1)
16
Omit "Special Account" (wherever occurring), substitute "special
17
account".
18
65 Section 49 (note 2)
19
Omit "section 39 of the Financial Management and Accountability Act
20
1997, but such investments may only be made by the Finance Minister,
21
the Treasurer, or a delegate under section 62 or 62A of that Act",
22
substitute "section 58 of the Public Governance, Performance and
23
Accountability Act 2013".
24
66 Section 50 (note)
25
Repeal the note, substitute:
26
Note:
See section 80 of the Public Governance, Performance and
27
Accountability Act 2013 (which deals with special accounts).
28
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 1 Amendments
30
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Superannuation Guarantee (Administration) Act 1992
1
67 Subsection 5(5) (definition of Commonwealth entity)
2
Repeal the definition, substitute:
3
Commonwealth entity means a Commonwealth entity (within the
4
meaning of the Public Governance, Performance and
5
Accountability Act 2013) that cannot be made liable to taxation by
6
a Commonwealth law.
7
68 Subsection 5(5) (definition of Finance Minister)
8
Omit "Financial Management and Accountability Act 1997", substitute
9
"Public Governance, Performance and Accountability Act 2013".
10
Taxation Administration Act 1953
11
69 Subsection 15B(4) (note)
12
Repeal the note.
13
70 Subsection 15B(9)
14
Omit "section 47 of the Financial Management and Accountability Act
15
1997", substitute "any rules made for the purposes of paragraph 103(c)
16
of the Public Governance, Performance and Accountability Act 2013".
17
71 Subsections 15C(2) and (3) (note)
18
Repeal the note.
19
72 Subsection 15D(8)
20
Omit "Financial Management and Accountability Act 1997) who is in
21
the Australian Taxation Office or is part of the Australian Taxation
22
Office", substitute "Public Governance, Performance and
23
Accountability Act 2013) of the Australian Taxation Office".
24
Water Act 2007
25
73 At the end of Division 4 of Part 9
26
Add:
27
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Amendments Part 1
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
31
208A Chief Executive is accountable authority
1
Despite subsection 12(2) of the Public Governance, Performance
2
and Accountability Act 2013, the Chief Executive is the
3
accountable authority of the Authority for the purposes of that Act.
4
Schedule 5 Consequential amendments relating to the Public Governance, Performance
and Accountability Act 2013
Part 2 Transitional and application provisions
32
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Part 2
--Transitional and application provisions
1
74 Corporate and strategic plans
2
An amendment made by an item of this Schedule that relates to a
3
corporate plan or a strategic plan (however described) applies in relation
4
to reporting periods that commence on or after 1 July 2015.
5
75 Annual reports
6
An amendment made by an item of the Schedule that relates to an
7
annual report applies in relation to reporting periods that commence on
8
or after 1 July 2014.
9
76 Disclosing interests
10
(1)
This item applies if:
11
(a) before this item commences, a person discloses an interest in
12
accordance with a provision in an Act; and
13
(b) the provision is:
14
(i) amended; or
15
(ii) repealed; or
16
(iii) repealed and substituted;
17
by an item of this Schedule.
18
(2)
The person is taken to have disclosed the interest in accordance with
19
section 29 of the Public Governance, Performance and Accountability
20
Act 2013 and rules made for the purposes of that section.
21
77 Saving instruments in force at commencement
22
(1)
This item applies if:
23
(a) a provision of an Act provides that an instrument (whether or
24
not a legislative instrument) may be made under, or for the
25
purposes of, the provision; and
26
(b) an instrument made under, or for the purposes of, the
27
provision is in force immediately before the commencement
28
of this Schedule; and
29
(c) the provision is:
30
(i) amended; or
31
Consequential amendments relating to the Public Governance, Performance and
Accountability Act 2013 Schedule 5
Transitional and application provisions Part 2
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
33
(ii) repealed and substituted;
1
by an item of this Schedule; and
2
(d) after the provision has been amended or repealed and
3
substituted, the provision still provides in the same or similar
4
terms that an instrument may be made under, or for the
5
purposes of, the provision.
6
(2)
If the provision is amended, the amendment referred to in
7
subparagraph (1)(c)(i) does not affect the continuity of the instrument.
8
(3)
If the provision is repealed and substituted, the instrument is taken, after
9
the commencement of this Schedule, to have been made under, or for
10
the purposes of, the provision as substituted.
11
Schedule 6 Other amendments
34
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Schedule 6
--Other amendments
1
2
Air Services Act 1995
3
1 Paragraph 50(1)(c)
4
Repeal the paragraph, substitute:
5
(c) acquisition by AA of goods or services;
6
2 Subsection 50(4) (definition of hedging purposes)
7
Repeal the definition, substitute:
8
hedging purposes means reducing or eliminating risks of adverse
9
financial consequences to AA, and includes the following:
10
(a) reducing or eliminating the risk of adverse variations in:
11
(i) the costs in relation to money raising by AA; or
12
(ii) the revenue obtainable by AA; or
13
(iii) the costs in relation to acquiring goods or services by
14
AA;
15
(b) maintaining the value of:
16
(i) investments made by AA; or
17
(ii) property used as security for money raising, or proposed
18
money raising, by AA.
19
Auditor-General Act 1997
20
3 Subsection 36(3)
21
Repeal the subsection, substitute:
22
(3) A person commits an offence if:
23
(a) the person receives any of the following:
24
(i) a proposed report (including a draft) under section 19;
25
(ii) any other report (including a draft) created for the
26
purposes of preparing a proposed report under
27
section 19;
28
(iii) an extract from a report referred to in this paragraph;
29
and
30
Other amendments Schedule 6
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
35
(b) the person discloses any information in the report or extract.
1
Penalty: Imprisonment for 2 years.
2
(4) Subsection (3) does not apply if the Auditor-General has consented
3
to the disclosure.
4
Note:
A defendant bears an evidential burden in relation to a matter in
5
subsection (4): see subsection 13.3(3) of the Criminal Code.
6
4 Application of amendment
7
The amendment of the Auditor-General Act 1997 made by this
8
Schedule applies in relation to any disclosure of information, in a report
9
or extract, that occurs after this item commences, whether the report or
10
extract was received before or after this item commences.
11
Australian Trade Commission Act 1985
12
5 Section 8
13
Before "The functions", insert "(1)".
14
6 At the end of subparagraphs 8(a)(i) to (viii)
15
Add "and".
16
7 At the end of section 8
17
Add:
18
(2) Without limiting subsection (1), the functions of the CEO include
19
developing and administering policies relating to tourism
20
(including domestic tourism).
21
(3) The CEO may perform his or her functions under subsection (2) to
22
the extent only that they are not in excess of the functions that may
23
be conferred on the CEO by virtue of any of the legislative powers
24
of the Parliament, and, in particular, may perform his or her
25
functions under that subsection:
26
(a) for purposes related to external affairs; and
27
(b) in the course of, or in relation to, trade and commerce with
28
other countries, among the States, between Territories or
29
between a Territory and a State; and
30
(c) for purposes related to a Territory; and
31
Schedule 6 Other amendments
36
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(d) by means of a communication using a postal, telegraphic,
1
telephonic or other like service within the meaning of
2
paragraph 51(v) of the Constitution; and
3
(e) for purposes related to the collection, compilation, analysis,
4
use and dissemination of statistics; and
5
(f) for purposes related to a corporation to which
6
paragraph 51(xx) of the Constitution applies; and
7
(g) for purposes related to lighthouses, lightships, beacons and
8
buoys; and
9
(h) for purposes related to matters incidental to the execution of
10
the legislative powers of the Parliament or the executive
11
power of the Commonwealth; and
12
(i) for purposes related to a Commonwealth place within the
13
meaning of the Commonwealth Places (Application of Laws)
14
Act 1970; and
15
(j) for purposes related to the executive power of the
16
Commonwealth; and
17
(k) for purposes related to the granting of financial assistance to
18
a State on such terms and conditions as the Parliament thinks
19
fit; and
20
(l) for purposes related to matters that are peculiarly adapted to
21
the government of a nation and that cannot otherwise be
22
carried on for the benefit of the nation; and
23
(m) by way of providing a service, if the provision of the service
24
utilises the CEO's spare capacity and does not impede the
25
CEO's capacity to perform his or her other functions.
26
8 Subsection 9(1)
27
After "functions", insert "under subsection 8(1)".
28
9 Paragraph 9(2)(b)
29
Repeal the paragraph, substitute:
30
(b) have regard to the need to provide services as efficiently and
31
economically as possible; and
32
(c) in relation to his or her functions under subsection 8(1), have
33
regard to:
34
(i) the desirability of improving and extending the range
35
and accessibility of advice, assistance and financial
36
Other amendments Schedule 6
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
37
support available (whether through the Commission and
1
the CEO or otherwise) to persons involved, or likely to
2
be involved, either directly or indirectly, in trade
3
between Australia and foreign countries; and
4
(ii) Australia's obligations under international agreements.
5
Future Fund Act 2006
6
10 Section 5
7
Insert:
8
civil penalty provision has the meaning given by the Regulatory
9
Powers (Standard Provisions) Act 2014.
10
11 Section 5 (definition of Commonwealth authority)
11
Repeal the definition.
12
12 Section 5
13
Insert:
14
corporate Commonwealth entity has the meaning given by the
15
Public Governance, Performance and Accountability Act 2013.
16
disqualifiable position means a position as:
17
(a) a Board member; or
18
(b) an accountable authority or a member of an accountable
19
authority of a corporate Commonwealth entity.
20
13 Section 5 (definition of involved)
21
Repeal the definition.
22
14 Section 5
23
Insert:
24
relevant court means:
25
(a) the Federal Court of Australia; or
26
(b) a Supreme Court of a State or Territory.
27
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38
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
15 Before section 56
1
Insert:
2
Subdivision A--Civil obligations and criminal offences
3
16 Subsection 56(1) (note)
4
Repeal the note, substitute:
5
Note:
This is a civil penalty provision which is enforced under the
6
Regulatory Powers (Standard Provisions) Act 2014 (see Subdivision
7
C of this Division).
8
Civil penalty:
2,000 penalty units.
9
17 Sections 57 to 59
10
Repeal the sections, substitute:
11
57 Good faith--civil obligation
12
A Board member must exercise his or her powers and discharge his
13
or her duties:
14
(a) in good faith in the best interests of performing the functions
15
of the Board; and
16
(b) for a proper purpose.
17
Note:
This is a civil penalty provision which is enforced under the
18
Regulatory Powers (Standard Provisions) Act 2014 (see Subdivision
19
C of this Division).
20
Civil penalty:
2,000 penalty units.
21
58 Use of position--civil obligation
22
A Board member or a member of the staff of the Agency must not
23
improperly use his or her position to:
24
(a) gain an advantage for himself or herself or someone else; or
25
(b) cause detriment to the Board's ability to perform its
26
functions; or
27
(c) cause detriment to another person.
28
Note:
This is a civil penalty provision which is enforced under the
29
Regulatory Powers (Standard Provisions) Act 2014 (see Subdivision
30
C of this Division).
31
Other amendments Schedule 6
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Public Governance and Resources Legislation Amendment Bill (No. 1)
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39
Civil penalty:
2,000 penalty units.
1
59 Use of information--civil obligation
2
A person who obtains information because he or she is, or has
3
been, a Board member or a member of the staff of the Agency must
4
not improperly use the information to:
5
(a) gain an advantage for himself or herself or someone else; or
6
(b) cause detriment to the Board's ability to perform its
7
functions; or
8
(c) cause detriment to another person.
9
Note 1:
This duty continues after the person stops being a Board member or a
10
member of the staff of the Agency.
11
Note 2:
This is a civil penalty provision which is enforced under the
12
Regulatory Powers (Standard Provisions) Act 2014 (see Subdivision
13
C of this Division).
14
Civil penalty:
2,000 penalty units.
15
18 Before section 63
16
Insert:
17
Subdivision B--Other provisions relating to civil penalty
18
provisions and criminal offences
19
19 Section 66
20
Repeal the section, substitute:
21
66 Finance Minister requiring person to assist
22
(1) The Finance Minister may require a person to give all reasonable
23
assistance in connection with an application (the civil penalty
24
application) under the Regulatory Powers (Standard Provisions)
25
Act 2014 for a civil penalty order (within the meaning of that Act)
26
in relation to a contravention of a civil penalty provision in this
27
Act.
28
(2) A person commits an offence if:
29
(a) the person is required to give assistance under subsection (1);
30
and
31
Schedule 6 Other amendments
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Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(b) the person does not comply with the requirement.
1
Penalty: 5 penalty units.
2
(3) The Finance Minister may require the person to assist in
3
connection with a civil penalty application in relation to a civil
4
penalty provision if, and only if:
5
(a) it appears to the Finance Minister that someone other than the
6
person required to assist may have contravened the civil
7
penalty provision; and
8
(b) the Finance Minister suspects or believes that the person
9
required to assist can give information relevant to the
10
application.
11
(4) The Finance Minister may require the person to assist regardless of
12
whether a civil penalty application has actually been made.
13
(5) The person may not be required to assist if he or she is or has been
14
a lawyer for the person suspected of the contravention.
15
(6) The requirement to assist must be given in writing.
16
(7) A relevant court may order the person to comply with the
17
requirement in a specified way. Only the Finance Minister may
18
apply to the court for an order under this subsection.
19
20 At the end of Division 7 of Part 4
20
Add:
21
Subdivision C--Consequences of breach of duty
22
67A Consequences of breach of duty--civil penalty provisions
23
(1) The following provisions of this Act are enforceable under Part 4
24
of the Regulatory Powers (Standard Provisions) Act 2014 (the
25
Regulatory Powers Act):
26
(a) subsection 56(1) (care and diligence);
27
(b) section 57 (good faith);
28
(c) section 58 (use of position);
29
(d) section 59 (use of information).
30
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41
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
1
be enforced by obtaining an order for a person to pay a pecuniary
2
penalty for the contravention of the provision.
3
(2) For the purposes of Part 4 of the Regulatory Powers Act, as it
4
applies in relation to the civil penalty provisions mentioned in
5
subsection (1):
6
(a) the Finance Minister is an authorised applicant; and
7
(b) the Federal Court of Australia and each Supreme Court of a
8
State or Territory is a relevant court.
9
(3) Despite subsection 82(3) of the Regulatory Powers Act, a relevant
10
court may order a person to pay to the Commonwealth a pecuniary
11
penalty only if:
12
(a) the court is satisfied that the person has contravened the civil
13
penalty provision; and
14
(b) the contravention:
15
(i) materially prejudices the interests of the Board; or
16
(ii) materially prejudices the ability of the Board to pay its
17
creditors; or
18
(iii) is serious.
19
(4) Subsection (3) of this section does not limit subsection 82(6) of the
20
Regulatory Powers Act.
21
(5) The following provisions of the Regulatory Powers Act do not
22
apply in relation to sections 56 to 59 of this Act:
23
(a) paragraph 92(1)(a) and subsection 92(2) to the extent that it
24
relates to that paragraph (which deal with ancillary
25
contraventions of civil penalty provisions);
26
(b) section 94 (which deals with state of mind);
27
(c) section 96 (which deals with exceptions etc. to civil penalty
28
provisions--burden of proof).
29
(6) Paragraph (5)(c) of this section does not affect the operation of
30
sections 56 to 59 of this Act as those sections would have operated
31
if section 96 of the Regulatory Powers Act had not been enacted.
32
(7) The Board may intervene in an application under section 82 of the
33
Regulatory Powers Act in relation to this Act. The Board is entitled
34
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42
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
to be heard on all matters other than whether the application should
1
be granted.
2
67B Compensation orders
3
Compensation for damage suffered
4
(1) A relevant court may order a person to compensate the Board for
5
damage suffered by the Board if:
6
(a) the person has contravened a civil penalty provision in this
7
Act; and
8
(b) the damage resulted from the contravention.
9
The order must specify the amount of the compensation.
10
Damage includes profits
11
(2) In determining the damage suffered by the Board for the purposes
12
of making a compensation order, include profits made by any
13
person resulting from the contravention.
14
Recovery of damage
15
(3) A compensation order may be enforced as if it were a judgment of
16
the court.
17
Who may apply for a compensation order
18
(4) An application for a compensation order may only be made by the
19
following persons:
20
(a) the Finance Minister;
21
(b) some other person authorised in writing by the Finance
22
Minister under this paragraph to make the application;
23
(c) the Board.
24
67C Disqualification order for contravention of civil penalty
25
provision by Board members
26
(1) A relevant court may disqualify a Board member from holding a
27
disqualifiable position for a period that the court considers
28
appropriate if:
29
(a) any of the following apply:
30
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43
(i) a court orders the Board member to pay a pecuniary
1
penalty under section 82 of the Regulatory Powers
2
(Standard Provisions) Act 2014 for contravening a civil
3
penalty provision in this Act;
4
(ii) a court orders the Board member to compensate the
5
Board under section 67B of this Act;
6
(iii) the relevant court is otherwise satisfied that a Board
7
member has contravened a civil penalty provision in this
8
Act; and
9
(b) the court is satisfied that the disqualification is justified.
10
(2) An application for a disqualification order under subsection (1)
11
may only be made by the following persons:
12
(a) the Finance Minister;
13
(b) some other person authorised in writing by the Finance
14
Minister, under this paragraph, to make the application.
15
An authorisation for the purposes of paragraph (b) may relate to
16
applications in relation to specified contraventions, or to all
17
contraventions, of civil penalty provisions.
18
(3) In determining whether the disqualification is justified, the court
19
may have regard to:
20
(a) the person's conduct as a Board member; and
21
(b) any other matters that the court considers appropriate.
22
Offence for contravening disqualification order
23
(4) A person commits an offence if:
24
(a) such a disqualification is in force against the person; and
25
(b) the person holds a disqualifiable position.
26
Note:
A person might not commit an offence if the person holds, with leave
27
of the court, a disqualifiable position (see section 67D).
28
Penalty: Imprisonment for 1 year.
29
67D Exception to disqualification order
30
(1) Subsection 67C(4) does not apply if the person holds a
31
disqualifiable position with the leave of a relevant court.
32
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Public Governance and Resources Legislation Amendment Bill (No. 1)
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Note:
A defendant bears an evidential burden in relation to the matter in
1
subsection (1) (see subsection 13.3(3) of the Criminal Code).
2
(2) When granting leave under subsection (1), the court may impose
3
conditions or restrictions that the court considers appropriate.
4
(3) A person commits an offence if:
5
(a) a condition or restriction is imposed under subsection (2) in
6
relation to a person; and
7
(b) the person contravenes the condition or restriction.
8
Penalty: Imprisonment for 1 year.
9
(4) A person may apply for leave under subsection (1) only if he or she
10
has given the Finance Minister at least 21 days' notice of the
11
application.
12
(5) On the application of the Finance Minister, the court may revoke
13
leave granted under subsection (1).
14
67E Relief from liability for contravention of civil penalty provision
15
etc.
16
(1) A relevant court may relieve a person (either wholly or partly)
17
from a liability to which the person would otherwise be subject, or
18
that might otherwise be imposed on the person, if:
19
(a) proceedings referred to in subsection (5) are brought against
20
the person; and
21
(b) in the proceedings it appears to the court that:
22
(i) the person has or may have contravened a civil penalty
23
provision, or the person is or may be liable in relation to
24
the negligence, default or breach, but the person has
25
acted honestly; and
26
(ii) having regard to all the circumstances of the case, the
27
person ought fairly to be excused for the contravention,
28
negligence, default or breach.
29
(2) A person who thinks that proceedings referred to in subsection (5)
30
will or may be commenced against him or her may apply to a
31
relevant court for relief.
32
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Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
45
(3) On an application under subsection (2), the court may grant relief
1
under subsection (1) as if proceedings referred to in subsection (5)
2
had been commenced in the court.
3
(4) For the purposes of subsection (1) as it applies for the purposes of
4
a case tried by a judge with a jury:
5
(a) a reference in that subsection to the court is a reference to the
6
judge; and
7
(b) the relief that may be granted includes withdrawing the case
8
in whole or in part from the jury and directing judgment to be
9
entered for the defendant on such terms as to costs as the
10
judge thinks appropriate.
11
(5) The proceedings referred to in this subsection:
12
(a) are:
13
(i) proceedings in relation to a contravention of a civil
14
penalty provision in this Act (including proceedings for
15
a compensation order under section 67B); or
16
(ii) civil proceedings for negligence, default, breach of trust
17
or breach of duty in a person's capacity as a Board
18
member or a member of staff of the Agency; and
19
(b) do not include proceedings for an offence against this Act
20
(except to the extent that the proceedings relate to the
21
question of whether the court should make an order under
22
section 67B).
23
21 Application of amendments
24
The amendments of the Future Fund Act 2006 made by this Schedule
25
apply in relation to any conduct that occurs after this item commences.
26
Health Insurance Act 1973
27
22 Paragraph 106ZPLA(b)
28
Omit "Scheme".
29
23 After section 106ZPR
30
Insert:
31
Schedule 6 Other amendments
46
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
106ZQ Annual report
1
The annual report prepared by the Director and given to the
2
Minister under section 46 of the Public Governance, Performance
3
and Accountability Act 2013 for a period must include a report on
4
the operation of this Part during the period.
5
24 Application of amendments
6
The amendments of the Health Insurance Act 1973 made by this
7
Schedule apply in relation to the reporting period commencing on
8
1 July 2014 and later reporting periods.
9
Industrial Chemicals (Notification and Assessment) Act 1989
10
25 Section 108
11
Repeal the section, substitute:
12
108 Annual report
13
The annual report prepared by the Secretary of the Department and
14
given to the Minister under section 46 of the Public Governance,
15
Performance and Accountability Act 2013 for a period must
16
include a report on the operation of this Act during the period.
17
26 Application of amendment
18
Section 108 of the Industrial Chemicals (Notification and Assessment)
19
Act 1989, as inserted by this Schedule, applies in relation to the
20
reporting period commencing on 1 July 2014 and later reporting
21
periods.
22
International Organisations (Privileges and Immunities) Act
23
1963
24
27 After section 12B
25
Insert:
26
Other amendments Schedule 6
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
47
12C Organisations that are bodies corporate are not Commonwealth
1
entities
2
If the regulations provide that an organisation is a body corporate,
3
then, despite paragraph 10(1)(d) of the Public Governance,
4
Performance and Accountability Act 2013, the organisation is not a
5
Commonwealth entity for the purposes of that Act.
6
Reserve Bank Act 1959
7
28 Subsections 7A(5) and (6)
8
Repeal the subsections, substitute:
9
Provisions about general duties of officials
10
(5) Subdivision A of Division 3 of Part 2-2 of that Act (which deals
11
with general duties of officials) applies in relation to a member of
12
the Reserve Bank Board or the Payments System Board who is not
13
referred to in subsection (4) of this section as if the member were
14
an official (within the meaning of that Act) of the Bank.
15
Note:
Section 29 of that Act (which is in Subdivision A of Division 3 of
16
Part 2-2 of that Act, and deals with the duty to disclose interests) is
17
affected by sections 7B and 7C.
18
29 After section 7A
19
Insert:
20
7B Disclosure of interests by members of the Reserve Bank Board in
21
relation to certain matters
22
(1) This section applies in relation to a member of the Reserve Bank
23
Board if:
24
(a) a meeting of the Board is considering either or both of the
25
following matters:
26
(i) the monetary policy of the Bank;
27
(ii) the role of the Bank in financial system stability; and
28
(b) the member has a material personal interest that relates to the
29
matter; and
30
Schedule 6 Other amendments
48
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(c) within the previous 12 months the member has disclosed, in
1
writing, the member's interest to the Treasurer (whether the
2
disclosure occurs before or after this section commences);
3
and
4
(d) there has been no substantial change in the nature or
5
composition of the interest since the disclosure.
6
(2) The member may do either or both of the following:
7
(a) be present during any consideration by the Board of the
8
matter;
9
(b) vote on the matter.
10
(3) The member is taken to have complied with section 29 of the
11
Public Governance, Performance and Accountability Act 2013,
12
and any rules made for the purposes of that section.
13
(4) This section applies:
14
(a) despite subsections 7A(1), (4) and (5) of this Act; and
15
(b) instead of any rules made for the purposes of
16
subsection 29(2) of the Public Governance, Performance and
17
Accountability Act 2013.
18
7C Other disclosures of material personal interests by members of
19
the Reserve Bank Board and the Payments System Board
20
(1) This section applies in relation to a matter if:
21
(a) for a member of the Reserve Bank Board--the matter is
22
being considered at a meeting of the Reserve Bank Board
23
and:
24
(i) the matter is not a matter referred to in
25
paragraph 7B(1)(a); or
26
(ii) the matter is a matter referred to in paragraph 7B(1)(a),
27
but the condition in paragraph 7B(1)(c) or (d) is not met
28
in relation to the matter; or
29
(b) for a member of the Payments System Board--the matter is
30
being considered at a meeting of the Payments System
31
Board.
32
(2) Sections 12, 14, 15 and 16D of the Public Governance,
33
Performance and Accountability Rule 2014 apply to each member
34
Other amendments Schedule 6
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Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
49
of the Reserve Bank Board and the Payments System Board in
1
relation to the matter as if:
2
(a) the relevant Board were the accountable authority of the
3
Bank and the member were a member of the accountable
4
authority of the Bank; and
5
(b) instead of referring to a material personal interest that relates
6
to the affairs of the Bank, section 29 of the Public
7
Governance, Performance and Accountability Act 2013, and
8
sections 14 and 15 of that Rule, referred to a material
9
personal interest that relates to the affairs of:
10
(i) for a member of the Reserve Bank Board--the Reserve
11
Bank Board; or
12
(ii) for a member of the Payments System Board--the
13
Payments System Board.
14
(3) This section applies:
15
(a) despite subsections 7A(1), (4) and (5) of this Act; and
16
(b) instead of any rules made for the purposes of
17
subsection 29(2) of the Public Governance, Performance and
18
Accountability Act 2013 (other than as referred to in
19
subsection (2) of this section).
20
(4) This section does not otherwise affect subsection 7A(1) or (4) of
21
this Act, or any rules made for the purposes of subsection 29(2) of
22
the Public Governance, Performance and Accountability Act 2013,
23
to the extent that a member of the Reserve Bank Board or the
24
Payments System Board referred to in subsection 7A(4) of this Act
25
has a material personal interest that relates to the affairs of the
26
Bank in a matter that is not being considered at a meeting of:
27
(a) for a member of the Reserve Bank Board--the Reserve Bank
28
Board; or
29
(b) for a member of the Payments System Board--the Payments
30
System Board.
31
Note:
The member is required to comply with the rules for officials of an
32
entity relating to the disclosure of such interests.
33
Schedule 6 Other amendments
50
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
Terrorism Insurance Act 2003
1
30 Section 31
2
Omit "Minister", substitute "Corporation".
3
Other transitional provisions Schedule 7
No. , 2015
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
51
Schedule 7
--Other transitional provisions
1
2
1 Amendments to legislative instruments
3
Despite subsections 12(2) and (3) of the Legislative Instruments Act
4
2003, if:
5
(a) a legislative instrument (the amending instrument) is made
6
under an Act (the enabling Act); and
7
(b) the amending instrument amends another legislative
8
instrument made under the enabling Act; and
9
(c) the amendment is consequential on:
10
(i) the amendments or repeals made by this Act; or
11
(ii) the enactment of this Act;
12
the amending instrument may be expressed to take effect from a date
13
before the amending instrument is registered under the Legislative
14
Instruments Act 2003.
15
2 Transitional rules
16
(1)
The Finance Minister may, by legislative instrument (and subject to
17
subitem (3)), make rules prescribing matters:
18
(a) required or permitted by this Act to be prescribed by the
19
rules; or
20
(b) necessary or convenient to be prescribed for carrying out or
21
giving effect to this Act.
22
(2)
Rules may be made prescribing matters of a transitional nature
23
(including prescribing any saving or application provisions) relating to:
24
(a) the amendments or repeals made by this Act; or
25
(b) the enactment of this Act.
26
(3)
To avoid doubt, the rules may not do the following:
27
(a) create an offence or civil penalty;
28
(b) provide powers of:
29
(i) arrest or detention; or
30
(ii) entry, search or seizure;
31
(c) impose a tax;
32
Schedule 7 Other transitional provisions
52
Public Governance and Resources Legislation Amendment Bill (No. 1)
2015
No. , 2015
(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) amend this Act.
3
(4)
This Act does not limit the rules that may be made under this item.
4