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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
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) 2017
No. , 2017
(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. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
i
Contents
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Schedules ........................................................................................... 2
Schedule 1--Listed entities
3
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
3
Competition and Consumer Act 2010
3
Schedule 2--Amendments relating to the Public Governance,
Performance and Accountability Act 2013
5
Part 1--Consequential amendments
5
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
5
Australian Renewable Energy Agency Act 2011
5
Building and Construction Industry (Consequential and Transitional
Provisions) Act 2016
8
Building and Construction Industry (Improving Productivity) Act
2016
9
Classification (Publications, Films and Computer Games) Act 1995
12
Clean Energy Finance Corporation Act 2012
12
Competition and Consumer Act 2010
15
Public Service Act 1999
18
Tertiary Education Quality and Standards Agency Act 2011
19
Part 2--Other amendments
20
Public Governance, Performance and Accountability Act 2013
20
Schedule 3--Amendments consequential on the sale of
Medibank Private
21
Health Insurance Commission (Reform and Separation of Functions)
Act 1997
21
Privacy Act 1988
21
Remuneration Tribunal Act 1973
22
Schedule 4--Transitional and application provisions
23
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
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)
2017
No. , 2017
1 Short title
1
This Act is the Public Governance and Resources Legislation
2
Amendment Act (No. 1) 2017.
3
2 Commencement
4
(1) Each provision of this Act specified in column 1 of the table
5
commences, or is taken to have commenced, in accordance with
6
column 2 of the table. Any other statement in column 2 has effect
7
according to its terms.
8
9
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
10
enacted. It will not be amended to deal with any later amendments of
11
this Act.
12
(2) Any information in column 3 of the table is not part of this Act.
13
Information may be inserted in this column, or information in it
14
may be edited, in any published version of this Act.
15
3 Schedules
16
Legislation that is specified in a Schedule to this Act is amended or
17
repealed as set out in the applicable items in the Schedule
18
concerned, and any other item in a Schedule to this Act has effect
19
according to its terms.
20
Listed entities Schedule 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
3
Schedule 1--Listed entities
1
2
Anti-Money Laundering and Counter-Terrorism Financing
3
Act 2006
4
1 At the end of section 209
5
Add:
6
(4) For the purposes of the finance law (within the meaning of the
7
Public Governance, Performance and Accountability Act 2013):
8
(a) AUSTRAC is a listed entity; and
9
(b) the AUSTRAC CEO is the accountable authority of
10
AUSTRAC; and
11
(c) the following persons are officials of AUSTRAC:
12
(i) the AUSTRAC CEO;
13
(ii) the staff of AUSTRAC referred to in section 224;
14
(iii) consultants engaged under subsection 225(1);
15
(iv) persons whose services are made available to the
16
AUSTRAC CEO under subsection 225(3); and
17
(d) the purposes of AUSTRAC include:
18
(i) the function of AUSTRAC referred to in section 210;
19
and
20
(ii) the functions of the AUSTRAC CEO referred to in
21
section 212.
22
Competition and Consumer Act 2010
23
2 Section 29A
24
Before "The", insert "(1)".
25
3 At the end of section 29A
26
Add:
27
(2) For the purposes of the finance law (within the meaning of the
28
Public Governance, Performance and Accountability Act 2013):
29
(a) the Council is a listed entity; and
30
Schedule 1 Listed entities
4
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
(b) the Council President is the accountable authority of the
1
Council; and
2
(c) the following persons are officials of the Council:
3
(i) the Council President;
4
(ii) the other Councillors;
5
(iii) the staff referred to in subsection 29M(1);
6
(iv) consultants engaged under section 29N; and
7
(d) the purposes of the Council include the functions of the
8
Council referred to in section 29B.
9
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
5
Schedule 2--Amendments relating to the
1
Public Governance, Performance and
2
Accountability Act 2013
3
Part 1--Consequential amendments
4
Anti-Money Laundering and Counter-Terrorism Financing
5
Act 2006
6
1 Section 218
7
Repeal the section.
8
2 Paragraph 219(2)(d)
9
Repeal the paragraph, substitute:
10
(d) the AUSTRAC CEO fails, without reasonable excuse, to
11
comply with section 29 of the Public Governance,
12
Performance and Accountability Act 2013 (which deals with
13
the duty to disclose interests) or rules made for the purposes
14
of that section; or
15
3 Subsection 219(3)
16
Omit "whether because of a notification under section 218 or
17
otherwise", substitute "whether because of a disclosure under section 29
18
of the Public Governance, Performance and Accountability Act 2013 or
19
otherwise".
20
4 Division 5 of Part 16
21
Repeal the Division.
22
Australian Renewable Energy Agency Act 2011
23
5 Section 4 (definition of Finance Minister)
24
Omit "Financial Management and Accountability Act 1997", substitute
25
"Public Governance, Performance and Accountability Act 2013".
26
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 1 Consequential amendments
6
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
6 Subsection 7(2) (note)
1
Repeal the note, substitute:
2
Note:
The Public Governance, Performance and Accountability Act 2013
3
applies to ARENA. That Act deals with matters relating to corporate
4
Commonwealth entities, including reporting and the use and
5
management of public resources.
6
7 Section 36
7
Repeal the section, substitute:
8
36 Disclosure of interests to the Minister
9
(1) A disclosure by a Board member under section 29 of the Public
10
Governance, Performance and Accountability Act 2013 (which
11
deals with the duty to disclose interests) must be made to the
12
Minister.
13
(2) Subsection (1) applies in addition to any rules made for the
14
purposes of that section.
15
(3) For the purposes of this Act and the Public Governance,
16
Performance and Accountability Act 2013, the Board member is
17
taken not to have complied with section 29 of that Act if the
18
member does not comply with subsection (1) of this section.
19
8 Paragraph 38(2)(b)
20
Omit "; or", substitute ".".
21
9 Paragraphs 38(2)(c) and (d)
22
Repeal the paragraphs.
23
10 At the end of subsection 38(2)
24
Add:
25
Note:
The appointment of an appointed member may also be terminated
26
under section 30 of the Public Governance, Performance and
27
Accountability Act 2013 (which deals with terminating the
28
appointment of an accountable authority, or a member of an
29
accountable authority, for contravening general duties of officials).
30
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
7
11 Paragraph 43(2)(a)
1
Omit "section 27J of the Commonwealth Authorities and Companies
2
Act 1997", substitute "rules made for the purposes of section 29 of the
3
Public Governance, Performance and Accountability Act 2013".
4
12 Section 57
5
Repeal the section, substitute:
6
57 Disclosure of interests to the Minister
7
(1) A disclosure by the CEO under section 29 of the Public
8
Governance, Performance and Accountability Act 2013 (which
9
deals with the duty to disclose interests) must be made to the
10
Minister.
11
(2) Subsection (1) applies in addition to any rules made for the
12
purposes of that section.
13
(3) For the purposes of this Act and the Public Governance,
14
Performance and Accountability Act 2013, the CEO is taken not to
15
have complied with section 29 of that Act if the CEO does not
16
comply with subsection (1) of this section.
17
13 Paragraph 59(3)(c)
18
Omit "section 57", substitute "section 29 of the Public Governance,
19
Performance and Accountability Act 2013 (which deals with the duty to
20
disclose interests) or rules made for the purposes of that section".
21
14 Subsection 67(4)
22
Repeal the subsection, substitute:
23
(4) Subsection (2) 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
ARENA.
27
15 Section 68
28
Repeal the section.
29
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 1 Consequential amendments
8
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
16 Section 70
1
Omit "Each annual report on ARENA under section 9 of the
2
Commonwealth Authorities and Companies Act 1997", substitute "The
3
annual report prepared by the Board and given to the Minister under
4
section 46 of the Public Governance, Performance and Accountability
5
Act 2013 for a period".
6
17 Paragraph 70(a)
7
Omit "the financial year covered by the report", substitute "the period".
8
18 Paragraphs 70(b) and (c)
9
Omit "the year", substitute "the period".
10
19 Paragraph 70(d)
11
Omit "the year" (wherever occurring), substitute "the period".
12
Building and Construction Industry (Consequential and
13
Transitional Provisions) Act 2016
14
20 Subitem 3(1) of Schedule 2
15
Omit "report under", substitute "report referred to in".
16
21 Subitem 3(1) of Schedule 2
17
Omit "to the Minister a report in accordance with that section",
18
substitute "such a report to the Minister".
19
22 Subitem 3(2) of Schedule 2
20
Omit "report under", substitute "annual report referred to in".
21
23 Subitem 11(2) of Schedule 2 (table item 4, column headed
22
"is taken to be a reference to this term ... ")
23
Omit "Commonwealth authority", substitute "corporate Commonwealth
24
entity".
25
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
9
Building and Construction Industry (Improving Productivity)
1
Act 2016
2
24 Section 4
3
Omit "Commonwealth authority", substitute "corporate Commonwealth
4
entity".
5
25 Section 5 (definition of Commonwealth authority)
6
Repeal the definition.
7
26 Section 5 (paragraph (c) of the definition of
8
constitutionally-covered entity)
9
Omit "Commonwealth authority", substitute "corporate Commonwealth
10
entity".
11
27 Section 5
12
Insert:
13
corporate Commonwealth entity has the same meaning as in the
14
Public Governance, Performance and Accountability Act 2013.
15
28 Subsection 20(1A)
16
After "report", insert "(a quarterly report)".
17
29 Subsection 20(1)
18
Repeal the subsection.
19
30 Subsection 20(2)
20
Omit "A report under subsection (1A) or (1)", substitute "Each
21
quarterly report, and each annual report prepared by the ABC
22
Commissioner and given to the Minister under section 46 of the Public
23
Governance, Performance and Accountability Act 2013 for a reporting
24
period (an annual report),".
25
31 Subsection 20(2)
26
Omit "year" (wherever occurring), substitute "period".
27
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 1 Consequential amendments
10
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
32 Subsection 20(3)
1
Omit "The report", substitute "Each quarterly report, and each annual
2
report for a period,".
3
33 Subsection 20(3)
4
Omit "year" (wherever occurring), substitute "period".
5
34 Subsection 20(4)
6
Omit "the report", substitute "a quarterly report or an annual report".
7
35 Subsection 20(5)
8
Omit "the report", substitute "each quarterly report and each annual
9
report".
10
36 Section 26
11
Repeal the section, substitute:
12
26 Disclosure of interests
13
(1) A disclosure by a Commissioner under section 29 of the Public
14
Governance, Performance and Accountability Act 2013 (which
15
deals with the duty to disclose interests) must be made to the
16
Minister.
17
(2) Subsection (1) applies in addition to any rules made for the
18
purposes of that section.
19
(3) For the purposes of this Act and the Public Governance,
20
Performance and Accountability Act 2013, a Commissioner is
21
taken not to have complied with section 29 of that Act if the
22
Commissioner does not comply with subsection (1) of this section.
23
37 Paragraph 28(2)(d)
24
Repeal the paragraph, substitute:
25
(d) in any case--the Commissioner fails, without reasonable
26
excuse, to comply with section 29 of the Public Governance,
27
Performance and Accountability Act 2013 (which deals with
28
the duty to disclose interests) or with rules made for the
29
purposes of that section.
30
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
11
38 At the end of section 29
1
Add:
2
(3) For the purposes of the finance law (within the meaning of the
3
Public Governance, Performance and Accountability Act 2013):
4
(a) the Commission is a listed entity; and
5
(b) the ABC Commissioner is the accountable authority of the
6
Commission; and
7
(c) the following persons are officials of the Commission:
8
(i) the ABC Commissioner;
9
(ii) the staff of the Commission referred to in
10
subsection 30(1);
11
(iii) persons whose services are made available to the ABC
12
Commissioner under section 31;
13
(iv) consultants engaged under section 32; and
14
(d) the purposes of the Commission include the functions of the
15
ABC Commissioner referred to in section 16.
16
39 Subsection 34(2E)
17
Omit "Commonwealth authority", substitute "corporate Commonwealth
18
entity".
19
40 Paragraph 34(3)(c)
20
Omit "Commonwealth authority", substitute "corporate Commonwealth
21
entity".
22
41 Section 36
23
Omit "Commonwealth authority", substitute "corporate Commonwealth
24
entity".
25
42 Paragraph 38(a)
26
Omit "Commonwealth authority", substitute "corporate Commonwealth
27
entity".
28
43 Section 43
29
Omit "Commonwealth authority" (wherever occurring), substitute
30
"corporate Commonwealth entity".
31
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 1 Consequential amendments
12
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
44 Paragraphs 70(2)(a) and (b)
1
Omit "Commonwealth authority", substitute "corporate Commonwealth
2
entity".
3
45 Subsection 81(7)
4
Omit "The Financial Management and Accountability Act 1997 does
5
not apply in relation to those amounts.".
6
46 At the end of paragraph 106(5)(c)
7
Add "of this Act or section 46 of the Public Governance, Performance
8
and Accountability Act 2013 (which deals with annual reports)".
9
47 Subsection 106(6) (heading)
10
Repeal the heading, substitute:
11
Disclosure in certain reports
12
48 Paragraph 106(6)(a)
13
Omit "under", substitute "referred to in".
14
49 Subsection 107(1)
15
Omit "under", substitute "referred to in".
16
Classification (Publications, Films and Computer Games)
17
Act 1995
18
50 Subsection 22CG(2) (note)
19
Omit ", or a Commonwealth authority or agency", substitute "or a
20
Commonwealth entity".
21
Clean Energy Finance Corporation Act 2012
22
51 Section 4 (definition of Finance Minister)
23
Omit "Commonwealth Authorities and Companies Act 1997", substitute
24
"Public Governance, Performance and Accountability Act 2013".
25
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
13
52 Section 4 (definition of subsidiary)
1
Omit "Commonwealth Authorities and Companies Act 1997", substitute
2
"Public Governance, Performance and Accountability Act 2013".
3
53 Subsection 8(2) (note)
4
Repeal the note, substitute:
5
Note:
The Public Governance, Performance and Accountability Act 2013
6
applies to the Corporation. That Act deals with matters relating to
7
corporate Commonwealth entities, including reporting and the use and
8
management of public resources.
9
54 Paragraph 23(e)
10
Repeal the paragraph.
11
55 At the end of section 23
12
Add:
13
Note:
The appointment of a Board member may also be terminated under
14
section 30 of the Public Governance, Performance and Accountability
15
Act 2013 (which deals with terminating the appointment of an
16
accountable authority, or a member of an accountable authority, for
17
contravening general duties of officials).
18
56 Paragraph 27(2)(a)
19
Omit "section 27J of the Commonwealth Authorities and Companies
20
Act 1997", substitute "rules made for the purposes of section 29 of the
21
Public Governance, Performance and Accountability Act 2013".
22
57 Section 39
23
Repeal the section, substitute:
24
39 Disclosure of interests
25
(1) A disclosure by the CEO under section 29 of the Public
26
Governance, Performance and Accountability Act 2013 (which
27
deals with the duty to disclose interests) must be made to the
28
Board.
29
(2) Subsection (1) applies in addition to any rules made for the
30
purposes of that section.
31
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 1 Consequential amendments
14
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
(3) For the purposes o
f 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
58 Subsection 45(2)
5
Omit "Special Account for the purposes of the Financial Management
6
and Accountability Act 1997", substitute "special account for the
7
purposes of the Public Governance, Performance and Accountability
8
Act 2013".
9
59 Subsection 53(3)
10
Repeal the subsection, substitute:
11
(3) Subsection (2) does not prevent investment, under section 59 of the
12
Public Governance, Performance and Accountability Act 2013, of
13
money that is not immediately required for the purposes of the
14
Corporation.
15
60 Subsection 55(1)
16
After "or (3)", insert "or under section 57 of the Public Governance,
17
Performance and Accountability Act 2013".
18
61 Subsection 55(4)
19
Repeal the subsection.
20
62 Subsection 55(6)
21
Omit "Section 29 of the Commonwealth Authorities and Companies Act
22
1997", substitute "Section 86 of the Public Governance, Performance
23
and Accountability Act 2013 (which deals with subsidiaries of corporate
24
Commonwealth entities)".
25
63 Subsection 73(1)
26
Omit "paragraph 16(1)(b) or (c) of the Commonwealth Authorities and
27
Companies Act 1997", substitute "paragraph 19(1)(b) of the Public
28
Governance, Performance and Accountability Act 2013".
29
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
15
64 Subsection 74(1)
1
Omit "Each annual report on the Corporation under section 9 of the
2
Commonwealth Authorities and Companies Act 1997", substitute "The
3
annual report prepared by the Board and given to the Minister under
4
section 46 of the Public Governance, Performance and Accountability
5
Act 2013 for a period".
6
65 Subsection 74(1)
7
Omit "financial year" (wherever occurring), substitute "period".
8
66 Subsection 74(2)
9
Omit "financial year", substitute "period".
10
Competition and Consumer Act 2010
11
67 At the end of section 7
12
Add:
13
Note:
Under section 23 of the Public Governance, Performance and
14
Accountability Act 2013, the Chairperson may enter into contracts and
15
other arrangements on behalf of the Commonwealth.
16
68 Subsection 8A(7)
17
Omit "under", substitute "referred to in".
18
69 Subsection 8AB(1)
19
Omit "A State/Territory", substitute "For the purposes of this Act and
20
the Public Governance, Performance and Accountability Act 2013, a
21
State/Territory".
22
70 Subsection 8AB(2)
23
Omit "14, 15 and 17", substitute "14 and 15 and for the purposes of
24
section 29 of the Public Governance, Performance and Accountability
25
Act 2013".
26
71 At the end of paragraph 13(2)(a)
27
Add "or".
28
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 1 Consequential amendments
16
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
72 Paragraph 13(2)(b)
1
Repeal the paragraph, substitute:
2
(b) fails to comply with his or her obligations under:
3
(i) for any member (including the Chairperson)--
4
section 29 of the Public Governance, Performance and
5
Accountability Act 2013 (which deals with the duty to
6
disclose interests) or rules made for the purposes of that
7
section; or
8
(ii) for the Chairperson--section 17 of this Act; or
9
73 Paragraph 14(2)(b)
10
Omit "section 17", substitute "section 29 of the Public Governance,
11
Performance and Accountability Act 2013 (which deals with the duty to
12
disclose interests) or rules made for the purposes of that section".
13
74 Section 17
14
Repeal the section, substitute:
15
17 Disclosure of interests by Chairperson
16
(1) The Chairperson must give written notice to the Minister of all
17
pecuniary interests that the Chairperson has or acquires in any
18
business carried on in Australia or in any body corporate carrying
19
on any such business.
20
(2) Subsection (1) applies in addition to section 29 of the Public
21
Governance, Performance and Accountability Act 2013 (which
22
deals with the duty to disclose interests).
23
17A Disclosure of certain interests by members of the Commission
24
when taking part in determinations of matters
25
(1) If, as a result of rules made for the purposes of section 29 of the
26
Public Governance, Performance and Accountability Act 2013
27
(which deals with the duty to disclose interests), the Chairperson
28
becomes aware that:
29
(a) a member of the Commission is taking part, or is to take part,
30
in the determination of a matter; and
31
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
17
(b) the member has a pecuniary interest that could conflict with
1
the proper performance of his or her functions in relation to
2
the determination of the matter;
3
then:
4
(c) the Chairperson must cause the interest of the member to be
5
disclosed to each person concerned in the matter (if the
6
matter has not already been disclosed to that person in
7
accordance with the rules); and
8
(d) unless each person concerned in the matter consents to the
9
member taking part, or continuing to take part, in the
10
determination of the matter--the member must not take part,
11
or continue to take part, in the determination of the matter.
12
(2) In this section, member of the Commission includes an associate
13
member of the Commission.
14
75 Paragraph 29H(2)(b)
15
Repeal the paragraph, substitute:
16
(b) fails to comply with his or her obligations under section 29 of
17
the Public Governance, Performance and Accountability Act
18
2013 (which deals with the duty to disclose interests) or rules
19
made for the purposes of that section;
20
76 Section 29K
21
Repeal the section.
22
77 Subsection 29O(1)
23
Repeal the subsection.
24
78 Subsection 29O(2)
25
Omit "(2) The report must also", substitute "An annual report prepared
26
by the Council President and given to the Minister under section 46 of
27
the Public Governance, Performance and Accountability Act 2013 for a
28
period must".
29
79 At the end of section 44AY
30
Add:
31
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 1 Consequential amendments
18
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
(3) Section 29 of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with the duty to disclose
2
interests) does not apply in relation to a person who is an AER
3
member when he or she is acting in his or her capacity as an AER
4
member.
5
Note:
Section 29 of the Public Governance, Performance and Accountability
6
Act 2013 will apply in relation to a person who is an AER member
7
when he or she is acting in his or her capacity as an associate member
8
of the Commission.
9
80 Subsection 60Q(7) (note)
10
Repeal the note, substitute:
11
Note:
For the appropriation for the refund, see section 77 of the Public
12
Governance, Performance and Accountability Act 2013.
13
81 Subsection 171(1)
14
Repeal the subsection.
15
82 Subsection 171(2)
16
Omit "The report", substitute "An annual report prepared by the
17
Chairperson and given to the Minister under section 46 of the Public
18
Governance, Performance and Accountability Act 2013 for a period".
19
Public Service Act 1999
20
83 Section 44
21
Repeal the section, substitute:
22
44 State of the Service report
23
(1) As soon as practicable after the end of each financial year, the
24
Commissioner must give a report to the Agency Minister, for
25
presentation to the Parliament, on the state of the APS during the
26
year.
27
(2) An Agency Head must give the Commissioner whatever
28
information the Commissioner requires for the purpose of
29
preparing the report referred to in subsection (1).
30
Amendments relating to the Public Governance, Performance and Accountability Act
2013 Schedule 2
Consequential amendments Part 1
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
19
(3) The Agency Minister must cause a copy of the report given to the
1
Minister under subsection (1) to be laid before each House of the
2
Parliament by 30 November after the financial year to which the
3
report relates.
4
84 Subsection 51(2)
5
Repeal the subsection.
6
85 Subsection 51(3)
7
Omit "report under subsection 44(1)", substitute "annual report".
8
86 Section 63
9
Repeal the section.
10
87 Section 70
11
Repeal the section.
12
Tertiary Education Quality and Standards Agency Act 2011
13
88 Paragraph 155A(a)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
Schedule 2 Amendments relating to the Public Governance, Performance and
Accountability Act 2013
Part 2 Other amendments
20
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
Part 2--Other amendments
1
Public Governance, Performance and Accountability Act
2
2013
3
89 Paragraph 107(2)(a)
4
Omit "57(b)", substitute "57(1)(b)".
5
Amendments consequential on the sale of Medibank Private Schedule 3
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
21
Schedule 3--Amendments consequential on
1
the sale of Medibank Private
2
3
Health Insurance Commission (Reform and Separation of
4
Functions) Act 1997
5
1 Subsection 47(1)
6
Omit "or section 45".
7
2 Subsection 47(1) (note 1)
8
Omit "Note 1", substitute "Note".
9
3 Subsection 47(1) (note 2)
10
Repeal the note.
11
4 Subsection 47(4)
12
Repeal the subsection.
13
Privacy Act 1988
14
5 Subsection 6(1) (paragraph (j) of the definition of agency)
15
Repeal the paragraph.
16
6 Subsection 6(1) (paragraph (b) of the definition of eligible
17
hearing service provider)
18
Omit ", (h) or (j)", substitute "or (h)".
19
7 Subsection 6(1) (definition of nominated AGHS company)
20
Repeal the definition.
21
8 Section 37 (item 8 of the table)
22
Repeal the item.
23
9 Subsection 54(2) (definition of agency)
24
Omit "the nominated AGHS company or".
25
Schedule 3 Amendments consequential on the sale of Medibank Private
22
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
10 Subsection 57(2) (definition of agency)
1
Omit "the nominated AGHS company or".
2
Remuneration Tribunal Act 1973
3
11 Subsection 3(1) (paragraph (h) of the definition of
4
principal executive office)
5
Repeal the paragraph.
6
Transitional and application provisions Schedule 4
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
23
Schedule 4--Transitional and application
1
provisions
2
3
1 Annual reports
4
An amendment made by an item of Schedule 2 that relates to an annual
5
report applies in relation to reporting periods that commence on or after
6
1 July 2016.
7
2 Disclosing interests
8
(1)
This item applies if:
9
(a) before this item commences, a person discloses an interest in
10
accordance with a provision in an Act; and
11
(b) the provision is:
12
(i) amended; or
13
(ii) repealed; or
14
(iii) repealed and substituted;
15
by an item of Schedule 2.
16
(2)
The person is taken to have disclosed the interest in accordance with
17
section 29 of the Public Governance, Performance and Accountability
18
Act 2013 and rules made for the purposes of that section.
19
3 Saving instruments in force at commencement
20
(1)
This item applies if:
21
(a) a provision of an Act provides that an instrument (whether or
22
not a legislative instrument) may be made under, or for the
23
purposes of, the provision; and
24
(b) the provision is:
25
(i) amended; or
26
(ii) repealed and substituted;
27
by an item of Schedule 2; and
28
(c) an instrument made under, or for the purposes of, the
29
provision is in force immediately before the commencement
30
of the item; and
31
(d) after the provision has been amended or repealed and
32
substituted, the provision still provides in the same or similar
33
Schedule 4 Transitional and application provisions
24
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
No. , 2017
terms that an instrument may be made under, or for the
1
purposes of, the provision.
2
(2)
If the provision is amended, the amendment referred to in
3
subparagraph (1)(b)(i) does not affect the continuity of the instrument.
4
(3)
If the provision is repealed and substituted, the instrument is taken, after
5
the commencement of the item, to have been made under, or for the
6
purposes of, the provision as substituted.
7
4 Amendments to legislative instruments
8
Despite subsections 12(2) and (3) of the Legislation Act 2003, if:
9
(a) a legislative instrument (the amending instrument) is made
10
under an Act (the enabling Act); and
11
(b) the amending instrument amends another legislative
12
instrument made under the enabling Act; and
13
(c) the amendment is consequential on:
14
(i) the amendments or repeals made by this Act; or
15
(ii) the enactment of this Act;
16
the amending instrument may be expressed to take effect from a date
17
before the amending instrument is registered under the Legislation Act
18
2003.
19
5 Transitional rules
20
(1)
The Finance Minister may, by legislative instrument (and subject to
21
subitem (3)), make rules prescribing matters:
22
(a) required or permitted by this Act to be prescribed by the
23
rules; or
24
(b) necessary or convenient to be prescribed for carrying out or
25
giving effect to this Act.
26
(2)
Rules may be made prescribing matters of a transitional nature
27
(including prescribing any saving or application provisions) relating to:
28
(a) the amendments or repeals made by this Act; or
29
(b) the enactment of this Act.
30
(3)
To avoid doubt, the rules may not do the following:
31
(a) create an offence or civil penalty;
32
(b) provide powers of:
33
Transitional and application provisions Schedule 4
No. , 2017
Public Governance and Resources Legislation Amendment Bill (No. 1)
2017
25
(i) arrest or detention; or
1
(ii) entry, search or seizure;
2
(c) impose a tax;
3
(d) set an amount to be appropriated from the Consolidated
4
Revenue Fund under an appropriation in this Act;
5
(e) directly amend the text of this Act.
6
(4)
This Act does not limit the rules that may be made under this item.
7