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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Public Governance, Performance and
Accountability Amendment Bill 2014
No. , 2014
(Finance)
A Bill for an Act to amend the Public Governance,
Performance and Accountability Act 2013, and for
related purposes
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Public Governance, Performance and
Accountability Act 2013
3
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
1
A Bill for an Act to amend the Public Governance,
1
Performance and Accountability Act 2013, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Public Governance, Performance and
6
Accountability Amendment Act 2014.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
Immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act 2013.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
3
Schedule 1
--Public Governance, Performance
1
and Accountability Act 2013
2
3
1 Section 8
4
Insert:
5
bankable money: see subsection 55(2).
6
controls: see subsection 89(2).
7
2 Section 8 (definition of Department of State)
8
Repeal the definition, substitute:
9
Department of State:
10
(a) includes any body (except a body corporate), person, group
11
of persons or organisation that is prescribed by an Act or the
12
rules in relation to a specified Department of State; and
13
(b) excludes any part of a Department of State that is a listed
14
entity.
15
3 Section 8 (definition of listed entity)
16
Repeal the definition, substitute:
17
listed entity means:
18
(a) any body (except a body corporate), person, group of persons
19
or organisation (whether or not part of a Department of
20
State); or
21
(b) any combination of bodies (except bodies corporate),
22
persons, groups of persons or organisations (whether or not
23
part of a Department of State);
24
that is prescribed by an Act or the rules to be a listed entity.
25
4 Section 8 (definition of official)
26
Omit "and (3)", substitute ", (3), (4) and (5)".
27
Schedule 1 Public Governance, Performance and Accountability Act 2013
4
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
5 Section 8 (at the end of the definition of Parliamentary
1
Department)
2
Add "and includes any body (except a body corporate), person, group of
3
persons or organisation that is prescribed by an Act or the rules in
4
relation to a specified Parliamentary Department".
5
6 Section 8 (definition of reporting period)
6
Omit "subsidiary of a Commonwealth entity", substitute "subsidiary of
7
a corporate Commonwealth entity".
8
7 Section 8 (paragraph (b) of the definition of special
9
account)
10
Omit "any other Act", substitute "an Act (including this Act)".
11
8 Section 9
12
After "about Commonwealth entities.", insert "(For Commonwealth
13
companies, see Chapter 3.)".
14
9 Paragraph 10(1)(d)
15
Repeal the paragraph, substitute:
16
(d) a body corporate that is established by a law of the
17
Commonwealth; or
18
(e) a body corporate that:
19
(i) is established under a law of the Commonwealth (other
20
than a Commonwealth company); and
21
(ii) is prescribed by an Act or the rules to be a
22
Commonwealth entity.
23
10 Subsection 10(1) (note)
24
Repeal the note, substitute:
25
Note:
Commonwealth companies are not Commonwealth entities because
26
they are not covered by this subsection. Chapter 3 deals with
27
Commonwealth companies.
28
11 Subsection 12(2) (table item 3)
29
Omit "the rules as", substitute "an Act or the rules to be".
30
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
5
12 Subsection 12(2) (table item 4)
1
Omit "established by a law of the Commonwealth".
2
13 Subsection 12(2) (table item 4)
3
After "prescribed by", insert "an Act or".
4
14 Subsections 13(2) and (3)
5
Repeal the subsections, substitute:
6
Officials of Commonwealth entities (other than listed entities)
7
(2) An official of a Commonwealth entity (other than a listed entity) is
8
a person who is in, or forms part of, the entity.
9
(3) Without limiting subsection (2), an official of a Commonwealth
10
entity (other than a listed entity) includes:
11
(a) a person who is, or is a member of, the accountable authority
12
of the entity; or
13
(b) a person who is an officer, employee or member of the entity;
14
or
15
(c) a person, or a person in a class, prescribed by an Act or the
16
rules to be an official of the entity.
17
(4) Despite subsections (2) and (3), each of the following is not an
18
official of a Commonwealth entity (other than a listed entity):
19
(a) a Minister;
20
(b) a judge;
21
(c) a consultant or independent contractor of the entity (other
22
than a consultant or independent contractor of a kind
23
prescribed by an Act or the rules for the purposes of
24
paragraph (3)(c));
25
(d) a person, or a person in a class, prescribed by an Act or the
26
rules not to be an official of the entity.
27
Officials of listed entities
28
(5) An official of a Commonwealth entity that is a listed entity is a
29
person who is prescribed by an Act or the rules to be an official of
30
the entity.
31
Schedule 1 Public Governance, Performance and Accountability Act 2013
6
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
15 Section 14
1
Repeal the section, substitute:
2
14 Guide to this Part
3
This Part is about the accountable authorities and officials of
4
Commonwealth entities.
5
Accountable authorities
6
There are general duties that apply to all accountable authorities.
7
Those duties are set out in sections 15 to 19.
8
Accountable authorities may give instructions to officials under
9
section 20A. Those instructions are part of the finance law.
10
In relation to whether accountable authorities must apply
11
government policy, different requirements apply depending on
12
whether the entity is a non-corporate Commonwealth entity (see
13
section 21) or a corporate Commonwealth entity (see section 22).
14
The accountable authorities of non-corporate Commonwealth
15
entities have power to enter into arrangements, and approve
16
commitments of relevant money, on behalf of the Commonwealth
17
(see section 23).
18
Officials
19
There are general duties that apply to all officials. Those duties are
20
set out in sections 25 to 29.
21
If an official who is the accountable authority, or a member of the
22
accountable authority, of a corporate Commonwealth entity
23
contravenes those duties, the official's appointment may be
24
terminated (see section 30).
25
16 Subsection 19(2)
26
After "that is", insert "related to".
27
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
7
17 After Subdivision B of Division 2 of Part 2-2
1
Insert:
2
Subdivision BA--Accountable authority instructions
3
20A Accountable authority instructions
4
(1) The accountable authority of a Commonwealth entity may, by
5
written instrument, give instructions to an official of the entity
6
about any matter relating to the finance law.
7
(2) The accountable authority of a Commonwealth entity may, by
8
written instrument, give instructions to an official of another
9
Commonwealth entity in relation to:
10
(a) the official approving the commitment of relevant money for
11
which the accountable authority is responsible; and
12
(b) the official banking, or otherwise dealing with, relevant
13
money for which the accountable authority is responsible;
14
and
15
(c) the official debiting or crediting an appropriation for which
16
the accountable authority is responsible; and
17
(d) any matter prescribed by the rules that relates to the official
18
dealing with public resources for which the accountable
19
authority is responsible.
20
(3) An instruction under subsection (1) or (2) is not a legislative
21
instrument.
22
18 Section 23 (heading)
23
Repeal the heading, substitute:
24
23 Power in relation to arrangements and commitments
25
19 At the end of section 23
26
Add:
27
(3) The accountable authority of a non-corporate Commonwealth
28
entity may, on behalf of the Commonwealth, approve a
29
commitment of relevant money for which the accountable authority
30
is responsible.
31
Schedule 1 Public Governance, Performance and Accountability Act 2013
8
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
20 Section 30 (heading)
1
Repeal the heading, substitute:
2
30 Termination--accountable authority, or member of accountable
3
authority, contravening general duties of officials
4
21 Subsection 30(1)
5
Omit "in relation to a corporate Commonwealth entity", substitute "to a
6
position in a corporate Commonwealth entity".
7
22 Paragraph 30(1)(a)
8
Repeal the paragraph, substitute:
9
(a) the appointer is responsible for appointing the appointee to
10
the position; and
11
23 Paragraph 30(1)(c)
12
After "Subdivision A", insert ", or rules made for the purposes of that
13
Subdivision,".
14
24 After subsection 30(1)
15
Insert:
16
Ex officio positions
17
(1A) A person's appointment may be terminated under subsection (1):
18
(a) even if the person was not appointed as the accountable
19
authority, or a member of the accountable authority, of the
20
entity but is the accountable authority, or a member of the
21
accountable authority, as a result of holding the position in
22
the entity to which the person was appointed; and
23
(b) whether or not the contravention referred to in
24
paragraph (1)(c) relates to the person's duties as the
25
accountable authority.
26
Note:
This section does not apply to a person who is appointed to a position
27
in a Commonwealth entity and, as a result of holding that position, is
28
or is a member of the accountable authority of a different
29
Commonwealth entity.
30
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
9
25 Before subsection 30(2)
1
Insert:
2
Procedure for terminating appointments
3
26 Before subsection 30(5)
4
Insert:
5
Rules may prescribe positions whose appointments must not be
6
terminated
7
27 Subsection 30(6)
8
Repeal the subsection, substitute:
9
Relationship with other termination of appointment provisions
10
(6) This section applies in addition to, and does not limit, any
11
provision in any enabling legislation for a corporate
12
Commonwealth entity that provides for the termination of the
13
appointment of a person in relation to the entity.
14
28 Section 31
15
Omit "Subdivision A does not", substitute "Subdivision A, and rules
16
made for the purposes of that Subdivision, do not".
17
29 Section 33 (paragraph relating to Division 7)
18
Omit "whole-of-government", substitute "Australian Government
19
financial".
20
30 Paragraph 35(1)(a)
21
After "entity", insert "at least once each reporting period for the entity".
22
31 At the end of section 35
23
Add:
24
Schedule 1 Public Governance, Performance and Accountability Act 2013
10
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
Variation of corporate plan
1
(6) If the accountable authority varies the plan, the authority must
2
comply with any requirements relating to variations of corporate
3
plans that are prescribed by the rules.
4
32 At the end of subsection 40(1)
5
Add:
6
Note:
The Auditor-General may at any time conduct a performance audit of
7
a Commonwealth entity: see Division 2 of Part 4 of the
8
Auditor-General Act 1997.
9
33 Subsection 44(1)
10
Omit "Commonwealth entity", substitute "corporate Commonwealth
11
entity".
12
34 Subsection 46(1)
13
After "must", insert "prepare and".
14
35 Paragraph 46(2)(a)
15
Omit "last", substitute "15th".
16
36 Division 7 of Part 2-3 (heading)
17
Repeal the heading, substitute:
18
Division 7--Australian Government financial reporting
19
37 Section 50 (paragraph relating to Division 3)
20
Omit "requires Ministers and officials to bank", substitute "has
21
requirements about how Ministers and officials are to deal with".
22
38 Section 52 (heading)
23
Repeal the heading, substitute:
24
52 Commitment or expenditure of relevant money
25
39 Section 55
26
Repeal the section, substitute:
27
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
11
55 Banking or dealing with relevant money
1
Ministers
2
(1) A Minister who receives relevant money (other than relevant
3
money that is to be held for the purposes of making payments in
4
relation to the Minister's official duties) must give the money to an
5
official of a non-corporate Commonwealth entity as soon as is
6
practicable.
7
Officials receiving bankable money
8
(2) An official of a Commonwealth entity who receives relevant
9
money that can be deposited in a bank (bankable money) must:
10
(a) deposit the bankable money in a bank:
11
(i) within the period prescribed by the rules or, if the rules
12
do not prescribe a period, as soon as is practicable; and
13
(ii) in accordance with any requirements prescribed by the
14
rules; or
15
(b) otherwise deal with the bankable money in accordance with
16
any requirements prescribed by the rules.
17
Officials receiving unbankable money
18
(3) The rules may prescribe matters relating to relevant money that:
19
(a) is received by an official of a Commonwealth entity; and
20
(b) is not bankable money.
21
Application of section
22
(4) To avoid doubt, this section applies to money that becomes
23
relevant money on receipt by a Minister or an official of a
24
Commonwealth entity.
25
40 Subsection 56(1)
26
After "authorised by", insert "or under".
27
41 Section 57
28
Before "An", insert "(1)".
29
Schedule 1 Public Governance, Performance and Accountability Act 2013
12
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
42 Paragraph 57(1)(a)
1
After "authorised by", insert "or under".
2
43 At the end of section 57
3
Add:
4
(2) An authorisation under paragraph (1)(b) is a legislative instrument,
5
but section 42 (disallowance) of the Legislative Instruments Act
6
2003 does not apply to it.
7
44 At the end of section 58
8
Add:
9
(9) An authorisation under subsection (6) is a legislative instrument,
10
but section 42 (disallowance) of the Legislative Instruments Act
11
2003 does not apply to it.
12
45 Subparagraphs 59(1)(b)(iii) and (iv)
13
Repeal the subparagraphs, substitute:
14
(iii) in any other form of investment authorised by the
15
Finance Minister in writing; or
16
(iv) in any other form of investment prescribed by the rules;
17
or
18
(v) for a government business enterprise--in any other
19
form of investment that is consistent with sound
20
commercial practice.
21
46 At the end of section 59
22
Add:
23
(4) An authorisation under subparagraph (1)(b)(iii) is a legislative
24
instrument, but section 42 (disallowance) of the Legislative
25
Instruments Act 2003 does not apply to it.
26
47 Division 7 of Part 2-4 (heading)
27
Repeal the heading, substitute:
28
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
13
Division 7--Waivers, modifications of payment terms,
1
set-offs and act of grace payments
2
48 Section 63
3
Repeal the section, substitute:
4
63 Waiver of amounts or modification of payment terms
5
(1) The Finance Minister may, on behalf of the Commonwealth,
6
authorise:
7
(a) the waiver of an amount owing to the Commonwealth; or
8
(b) the modification of the terms and conditions on which an
9
amount owing to the Commonwealth is to be paid to the
10
Commonwealth.
11
(2) An authorisation of a waiver or modification must be in accordance
12
with any requirements prescribed by the rules.
13
(3) An authorisation of a waiver may be made either unconditionally
14
or on the condition that a person agrees to pay an amount to the
15
Commonwealth in specified circumstances.
16
(4) To avoid doubt, an amount may be owing to the Commonwealth
17
even if it is not yet due for payment.
18
(5) An authorisation of a waiver or modification is not a legislative
19
instrument.
20
49 Subsection 64(1)
21
Omit "set off", substitute "authorise the set-off of".
22
50 After subsection 64(1)
23
Insert:
24
(1A) An authorisation of a set-off must be in accordance with any
25
requirements prescribed by the rules.
26
51 At the end of section 64
27
Add:
28
Schedule 1 Public Governance, Performance and Accountability Act 2013
14
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
(4) An authorisation of a set-off is not a legislative instrument.
1
52 Subsection 65(2)
2
Repeal the subsection, substitute:
3
(2) An authorisation of a payment must be in accordance with any
4
requirements prescribed by the rules.
5
(3) Conditions may be attached to a payment. If a condition is
6
contravened, the payment is recoverable by the Commonwealth as
7
a debt in a court of competent jurisdiction.
8
(4) An authorisation of a payment is not a legislative instrument.
9
53 Section 66
10
Before "A Minister", insert "(1)".
11
54 Subparagraph 66(b)(ii)
12
Repeal the subparagraph, substitute:
13
(ii) is authorised by the Finance Minister in writing; or
14
(iii) is made in accordance with any requirements prescribed
15
by the rules.
16
55 At the end of section 66
17
Add:
18
(2) An authorisation under subparagraph (1)(b)(ii) is not a legislative
19
instrument.
20
56 Subsections 71(2) and (3)
21
Repeal the subsections, substitute:
22
(2) If a Minister approves a proposed expenditure of relevant money,
23
the Minister must:
24
(a) record the terms of the approval in writing as soon as
25
practicable after giving the approval; and
26
(b) comply with any other requirements prescribed by the rules
27
in relation to approvals of proposed expenditure.
28
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
15
(3) For a Parliamentary Department, the references in subsection (1) or
1
(2) to a Minister are references to:
2
(a) a Presiding Officer, for expenditure for which he or she alone
3
is responsible; and
4
(b) the Presiding Officers jointly, for expenditure for which they
5
are jointly responsible.
6
57 Section 73 (paragraph relating to Division 3)
7
Omit "another", substitute "an".
8
58 Subsection 75(5)
9
Repeal the subsection, substitute:
10
Transfer of function involving a Parliamentary Department
11
(5) If the transfer of function involves a Parliamentary Department,
12
then the Finance Minister must not make a determination under
13
subsection (2) unless it is in accordance with a written
14
recommendation of the relevant Presiding Officer.
15
Note:
If the transfer is between Parliamentary Departments, then the
16
recommendation of both Presiding Officers would be needed before
17
the Finance Minister could make the determination.
18
59 Paragraphs 76(c) and (d)
19
Omit "this Act and the rules apply", substitute "the finance law
20
applies".
21
60 Section 80 (heading)
22
Repeal the heading, substitute:
23
80 Special accounts established by an Act
24
61 Subsection 80(1)
25
Omit "another Act", substitute "an Act (including this Act)".
26
62 Subsection 89(2)
27
Omit "controls" (first occurring), substitute "controls".
28
Schedule 1 Public Governance, Performance and Accountability Act 2013
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Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
63 Paragraph 95(1)(a)
1
Omit "entity", substitute "company at least once each reporting period
2
for the company".
3
64 At the end of section 95
4
Add:
5
Variation of corporate plan
6
(5) If the directors vary the plan, the directors must comply with any
7
requirements relating to variations of corporate plans that are
8
prescribed by the rules.
9
65 Section 102
10
Before "The", insert "(1)".
11
66 Paragraph 102(c)
12
Repeal the paragraph.
13
67 After paragraph 102(g)
14
Insert:
15
; (h) for a Commonwealth entity that has ceased to exist or whose
16
functions have been transferred to another Commonwealth
17
entity:
18
(i) the preparation and giving of a report for the entity; and
19
(ii) the preparation, auditing and giving of financial
20
statements and performance statements for the entity.
21
68 At the end of section 102
22
Add:
23
(2) The rules may prescribe that a contravention of the finance law by
24
an official of a Commonwealth entity does not affect the validity of
25
any act, transaction, agreement, instrument, resolution or other
26
thing.
27
69 Paragraph 103(e)
28
Repeal the paragraph, substitute:
29
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
17
(e) the name or purposes of a non-corporate Commonwealth
1
entity that is prescribed by the rules to be a listed entity;
2
70 Section 104
3
Repeal the section, substitute:
4
104 Rules relating to the Commonwealth Superannuation
5
Corporation
6
The rules may modify the operation of the following in relation to
7
the Commonwealth Superannuation Corporation (within the
8
meaning of the Governance of Australian Government
9
Superannuation Schemes Act 2011):
10
(a) this Act;
11
(b) the rules;
12
(c) an instrument made under section 105B or 105C (which deal
13
with procurement and grants).
14
71 Subsection 105(3)
15
Omit "or a Commonwealth entity".
16
72 After Part 4-1
17
Insert:
18
Part 4-1A--Other instruments
19
Division 1--Guide to this Part
20
105A Guide to this Part
21
This Part is about some other instruments that may be made under
22
this Act.
23
It provides a power to make instruments about procurement by the
24
Commonwealth, certain corporate Commonwealth entities or
25
certain wholly-owned Commonwealth companies (see
26
section 105B).
27
Schedule 1 Public Governance, Performance and Accountability Act 2013
18
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
It also provides a power to make instruments about grants by the
1
Commonwealth (see section 105C).
2
Finally, it provides a power to make instruments modifying the
3
operation of this Act, the rules and instruments made under
4
sections 105B and 105C in relation to intelligence or security
5
agencies and listed law enforcement agencies (see section 105D).
6
Division 2--Instruments relating to procurement
7
105B Instruments relating to procurement
8
(1) The Finance Minister may, by written instrument, make provision
9
about procurement by:
10
(a) the Commonwealth; or
11
(b) corporate Commonwealth entities prescribed by the rules; or
12
(c) wholly-owned Commonwealth companies prescribed by the
13
rules.
14
(2) An instrument under subsection (1) is a legislative instrument, but
15
section 42 (disallowance) of the Legislative Instruments Act 2003
16
does not apply to it.
17
Division 3--Instruments relating to grants
18
105C Instruments relating to grants
19
(1) The Finance Minister may, by written instrument, make provision
20
about grants by the Commonwealth.
21
(2) An instrument under subsection (1) is a legislative instrument, but
22
section 42 (disallowance) of the Legislative Instruments Act 2003
23
does not apply to it.
24
Public Governance, Performance and Accountability Act 2013 Schedule 1
No. , 2014
Public Governance, Performance and Accountability Amendment Bill
2014
19
Division 4--Instruments relating to intelligence or security
1
agencies or listed law enforcement agencies
2
105D Instruments relating to intelligence or security agencies or
3
listed law enforcement agencies
4
(1) This section applies in relation to an activity (the designated
5
activity) determined under subsection (2) of the following entities:
6
(a) an intelligence or security agency that is a Commonwealth
7
entity;
8
(b) a listed law enforcement agency that is a Commonwealth
9
entity;
10
(c) a Commonwealth entity of which a part is an intelligence or
11
security agency.
12
Determination of designated activities
13
(2) The responsible Minister for a Commonwealth entity referred to in
14
subsection (1) may, by written instrument, determine that an
15
activity of the entity is a designated activity if the Minister is
16
satisfied that the activity is engaged in for the purposes of:
17
(a) for paragraph (1)(a) or (b)--the entity; or
18
(b) for paragraph (1)(c)--the part of the entity.
19
Determination modifying this Act and other instruments
20
(3) The Finance Minister may determine, by written instrument,
21
modifications of the following in relation to a designated activity
22
of a Commonwealth entity:
23
(a) Part 2-3 (which deals with planning, performance and
24
accountability);
25
(b) Part 2-4 (which deals with the management of public
26
resources);
27
(c) Part 2-7 (which deals with companies, subsidiaries and new
28
corporate Commonwealth entities);
29
(d) Chapter 3 (which deals with Commonwealth companies);
30
(e) any other provision of this Act prescribed by the rules;
31
(f) the rules;
32
Schedule 1 Public Governance, Performance and Accountability Act 2013
20
Public Governance, Performance and Accountability Amendment Bill
2014
No. , 2014
(g) an instrument made under section 105B or 105C (which deal
1
with procurement and grants).
2
Note:
Modifications is defined in section 2B of the Acts Interpretation Act
3
1901.
4
(4) A determination under subsection (3) that relates to a
5
Commonwealth entity may also include:
6
(a) a delegation of a power, function or duty under section 107 to
7
an official of the entity; and
8
(b) any direction to the official under that section.
9
Review of determinations
10
(5) A determination under subsection (2) or (3) must be reviewed:
11
(a) at least once every 3 years; or
12
(b) if the activities of the entity change significantly.
13
Determinations not legislative instruments
14
(6) A determination under subsection (2) or (3) is not a legislative
15
instrument.
16
73 Paragraph 107(2)(b)
17
Omit "(3)", substitute "(2)".
18
74 At the end of subsection 107(2)
19
Add:
20
; or (i) Part 4-1A (which is about some other instruments made
21
under this Act).
22
75 After paragraph 110(2)(a)
23
Insert:
24
(aa) section 20A (which is about accountable authority
25
instructions); or
26