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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 (Consequential and
Transitional Provisions) Bill 2014
No. , 2014
(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. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
i
Contents
1
Short title ........................................................................................... 2
2
Commencement ................................................................................. 2
3
Schedule(s) ........................................................................................ 5
4
Definitions ......................................................................................... 5
Schedule 1--Application provisions for and amendments of the
PGPA Act
6
Part 1--Delayed application of certain provisions of Parts 2-3
and 3-2 of the PGPA Act
6
Part 2--Other application provisions
8
Part 3--Amendments
11
Public Governance, Performance and Accountability Act 2013
11
Schedule 2--Amendment of the Financial Management and
Accountability Act 1997
12
Part 1--Amendments
12
Financial Management and Accountability Act 1997
12
Part 2--Transitional and application provisions
19
Division 1--Transitional and application provisions
19
Division 2--Continuation of instruments
28
Schedule 3--Repeal of the Commonwealth Authorities and
Companies Act 1997
29
Part 1--Repeal
29
Commonwealth Authorities and Companies Act 1997
29
Part 2--Transitional and application provisions
30
Schedule 4--Auditor-General Act 1997 and related
amendments
35
Part 1--Amendments
35
Auditor-General Act 1997
35
Norfolk Island Act 1979
50
ii
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Public Accounts and Audit Committee Act 1951
50
Part 2--Application provisions
51
Schedule 5--Corporate status of bodies
53
Part 1--Bodies ceasing to be bodies corporate
53
Australian Communications and Media Authority Act 2005
53
Fisheries Administration Act 1991
54
Great Barrier Reef Marine Park Act 1975
55
National Environment Protection Council Act 1994
57
Telecommunications Universal Service Management Agency Act 2012
61
Part 2--Transitional provisions for bodies ceasing to be bodies
corporate
63
Division 1--Introduction
63
Division 2--General transitional provisions
64
Division 3--Miscellaneous
66
Part 3--APVMA continuing as a body corporate
68
Agricultural and Veterinary Chemicals (Administration) Act 1992
68
Part 4--Other bodies continuing as bodies corporate
71
Australian Human Rights Commission Act 1986
71
National Health Reform Act 2011
72
Offshore Petroleum and Greenhouse Gas Storage Act 2006
75
Water Act 2007
79
Part 5--Transitional provisions for bodies continuing as bodies
corporate
83
Division 1--Introduction
83
Division 2--General transitional provisions
84
Division 3--Miscellaneous
88
Part 6--Bodies corporate treated as non-corporate for the
purposes of the finance law
90
Australian Prudential Regulation Authority Act 1998
90
Australian Securities and Investments Commission Act 2001
90
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
iii
Competition and Consumer Act 2010
90
Schedule 6--Listed entities
92
Administrative Appeals Tribunal Act 1975
92
Archives Act 1983
92
Asbestos Safety and Eradication Agency Act 2013
93
Auditor-General Act 1997
94
Australian Aged Care Quality Agency Act 2013
94
Australian Bureau of Statistics Act 1975
95
Australian Capital Territory (Planning and Land Management) Act
1988
96
Australian Centre for International Agricultural Research Act 1982
96
Australian Communications and Media Authority Act 2005
98
Australian Crime Commission Act 2002
98
Australian Federal Police Act 1979
99
Australian Information Commissioner Act 2010
99
Australian Law Reform Commission Act 1996
100
Australian Organ and Tissue Donation and Transplantation Authority
Act 2008
100
Australian Prudential Regulation Authority Act 1998
101
Australian Radiation Protection and Nuclear Safety Act 1998
102
Australian Research Council Act 2001
103
Australian Securities and Investments Commission Act 2001
103
Australian Sports Anti-Doping Authority Act 2006
104
Australian Trade Commission Act 1985
105
Bankruptcy Act 1966
105
Cancer Australia Act 2006
106
Commonwealth Electoral Act 1918
107
Commonwealth Grants Commission Act 1973
107
Competition and Consumer Act 2010
108
ComSuper Act 2011
109
Criminology Research Act 1971
109
Customs Administration Act 1985
110
iv
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Director of Public Prosecutions Act 1983
111
Fair Work Act 2009
111
Family Law Act 1975
112
Federal Court of Australia Act 1976
113
Fisheries Administration Act 1991
114
Future Fund Act 2006
115
Governor-General Act 1974
115
Great Barrier Reef Marine Park Act 1975
116
Health Insurance Act 1973
116
Inspector-General of Intelligence and Security Act 1986
117
Inspector-General of Taxation Act 2003
118
Intelligence Services Act 2001
118
Law Enforcement Integrity Commissioner Act 2006
119
Meteorology Act 1955
119
National Blood Authority Act 2003
120
National Health and Medical Research Council Act 1992
120
National Health Reform Act 2011
121
National Vocational Education and Training Regulator Act 2011
122
National Water Commission Act 2004
122
Office of National Assessments Act 1977
123
Ombudsman Act 1976
124
Parliamentary Counsel Act 1970
124
Private Health Insurance Act 2007
125
Productivity Commission Act 1998
125
Safe Work Australia Act 2008
126
Telecommunications Universal Service Management Agency Act 2012
127
Tertiary Education Quality and Standards Agency Act 2011
127
Transport Safety Investigation Act 2003
128
Workplace Gender Equality Act 2012
128
Schedule 7--Amendments of Acts starting with A
130
Aboriginal and Torres Strait Islander Act 2005
130
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
v
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
137
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987
138
Aboriginal Land Rights (Northern Territory) Act 1976
139
Administrative Appeals Tribunal Act 1975
142
Administrative Decisions (Judicial Review) Act 1977
143
Aged Care (Bond Security) Act 2006
143
Agricultural and Veterinary Chemicals (Administration) Act 1992
143
Aircraft Noise Levy Collection Act 1995
147
Airports (Transitional) Act 1996
147
Air Services Act 1995
147
Albury-Wodonga Development Act 1973
150
A New Tax System (Australian Business Number) Act 1999
151
A New Tax System (Luxury Car Tax) Act 1999
151
A New Tax System (Wine Equalisation Tax) Act 1999
152
Archives Act 1983
152
Asbestos-related Claims (Management of Commonwealth Liabilities)
Act 2005
152
Asbestos Safety and Eradication Agency Act 2013
153
Australia Council Act 2013
155
Australian Aged Care Quality Agency Act 2013
159
Australian Broadcasting Corporation Act 1983
160
Australian Bureau of Statistics Act 1975
163
Australian Capital Territory (Planning and Land Management) Act
1988
164
Australian Capital Territory (Self-Government) Act 1988
164
Australian Centre for International Agricultural Research Act 1982
165
Australian Civilian Corps Act 2011
166
Australian Communications and Media Authority Act 2005
166
Australian Crime Commission Act 2002
170
Australian Curriculum, Assessment and Reporting Authority Act 2008
172
Australian Federal Police Act 1979
174
Australian Film, Television and Radio School Act 1973
175
vi
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Australian Hearing Services Act 1991
176
Australian Human Rights Commission Act 1986
178
Australian Information Commissioner Act 2010
180
Australian Institute of Aboriginal and Torres Strait Islander Studies
Act 1989
181
Australian Institute of Health and Welfare Act 1987
182
Australian Institute of Marine Science Act 1972
184
Australian Law Reform Commission Act 1996
186
Australian Maritime Safety Authority Act 1990
187
Australian National Maritime Museum Act 1990
189
Australian National University Act 1991
193
Australian Nuclear Science and Technology Organisation Act 1987
195
Australian Organ and Tissue Donation and Transplantation Authority
Act 2008
197
Australian Passports Act 2005
199
Australian Postal Corporation Act 1989
199
Australian Prudential Regulation Authority Act 1998
204
Australian Radiation Protection and Nuclear Safety Act 1998
206
Australian Research Council Act 2001
207
Australian Security Intelligence Organisation Act 1979
210
Australian Sports Anti-Doping Authority Act 2006
212
Australian Sports Commission Act 1989
215
Australian Trade Commission Act 1985
218
Australian War Memorial Act 1980
219
Autonomous Sanctions Act 2011
221
Schedule 8--Amendments of Acts starting with B to E
222
Banking Act 1959
222
Bankruptcy Act 1966
223
Cancer Australia Act 2006
224
Charter of Budget Honesty Act 1998
225
Charter of the United Nations Act 1945
225
Child Support (Registration and Collection) Act 1988
225
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
vii
Civil Aviation Act 1988
226
Classification (Publications, Films and Computer Games) Act 1995
229
COAG Reform Fund Act 2008
230
Coal Mining Industry (Long Service Leave) Administration Act 1992
230
Coal Mining Industry (Long Service Leave) Payroll Levy Collection
Act 1992
231
Coastal Trading (Revitalising Australian Shipping) Act 2012
232
Commonwealth Electoral Act 1918
232
Commonwealth Inscribed Stock Act 1911
234
Commonwealth Places (Application of Laws) Act 1970
234
Commonwealth Places (Mirror Taxes) Act 1998
234
ComSuper Act 2011
234
Corporations (Aboriginal and Torres Strait Islander) Act 2006
236
Crimes (Superannuation Benefits) Act 1989
237
Criminology Research Act 1971
237
CSL Sale Act 1993
238
Customs Act 1901
238
Customs Administration Act 1985
239
Dairy Produce Act 1986
239
Defence Act 1903
240
Defence Force Discipline Appeals Act 1955
240
Defence Force Retirement and Death Benefits Act 1973
240
Defence Forces Retirement Benefits Act 1948
241
Defence Forces Retirement Benefits (Pension Increases) Act 1967
241
Defence Home Ownership Assistance Scheme Act 2008
241
Defence Housing Australia Act 1987
242
Defence Reserve Service (Protection) Act 2001
243
Defence Service Homes Act 1918
244
Defence Trade Controls Act 2012
244
Director of Public Prosecutions Act 1983
244
DisabilityCare Australia Fund Act 2013
245
Early Years Quality Fund Special Account Act 2013
246
viii
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Education Services for Overseas Students Act 2000
247
Environment Protection and Biodiversity Conservation Act 1999
247
Excise Act 1901
250
Export Finance and Insurance Corporation Act 1991
250
Schedule 9--Amendments of Acts starting with F to L
253
Fair Entitlements Guarantee Act 2012
253
Fair Work Act 2009
253
Family Law Act 1975
254
Federal Circuit Court of Australia Act 1999
256
Federal Court of Australia Act 1976
256
Federal Financial Relations Act 2009
257
Financial Agreement Act 1994
259
Fisheries Administration Act 1991
259
Food Standards Australia New Zealand Act 1991
264
Foreign Passports (Law Enforcement and Security) Act 2005
267
Freedom of Information Act 1982
268
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
268
Future Fund Act 2006
268
Gene Technology Act 2000
272
Governance of Australian Government Superannuation Schemes Act
2011
273
Governor-General Act 1974
276
Grape and Wine Legislation Amendment (Australian Grape and Wine
Authority) Act 2013
276
Great Barrier Reef Marine Park Act 1975
276
Health Insurance Act 1973
280
Health Insurance Commission (Reform and Separation of Functions)
Act 1997
280
High Court of Australia Act 1979
280
Immigration (Education) Charge Act 1992
281
Indigenous Education (Targeted Assistance) Act 2000
281
Industrial Chemicals (Notification and Assessment) Act 1989
281
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
ix
Inspector-General of Intelligence and Security Act 1986
281
Inspector-General of Taxation Act 2003
283
Insurance Act 1973
284
Intelligence Services Act 2001
285
Interstate Road Transport Act 1985
285
Judges' Pensions Act 1968
285
Judicial Misbehaviour and Incapacity (Parliamentary Commissions)
Act 2012
286
Judiciary Act 1903
286
Lands Acquisition Act 1989
287
Law Enforcement Integrity Commissioner Act 2006
288
Legislative Instruments Act 2003
290
Life Insurance Act 1995
291
Loans Securities Act 1919
291
Local Government (Financial Assistance) Act 1995
291
Schedule 10--Amendments of Acts starting with M or N
292
Marine Safety (Domestic Commercial Vessel) National Law Act 2012
292
Medibank Private Sale Act 2006
292
Medical Indemnity Act 2002
293
Members of Parliament (Staff) Act 1984
293
Midwife Professional Indemnity (Commonwealth Contribution)
Scheme Act 2010
293
Military Rehabilitation and Compensation Act 2004
293
Military Superannuation and Benefits Act 1991
294
Moomba-Sydney Pipeline System Sale Act 1994
295
National Blood Authority Act 2003
295
National Broadband Network Companies Act 2011
296
National Cattle Disease Eradication Account Act 1991
297
National Consumer Credit Protection Act 2009
298
National Disability Insurance Scheme Act 2013
298
National Film and Sound Archive of Australia Act 2008
302
National Gallery Act 1975
305
x
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
National Health Act 1953
307
National Health and Medical Research Council Act 1992
307
National Health Reform Act 2011
311
National Library Act 1960
319
National Museum of Australia Act 1980
321
National Portrait Gallery of Australia Act 2012
323
National Radioactive Waste Management Act 2012
326
National Residue Survey Administration Act 1992
326
National Transport Commission Act 2003
327
National Vocational Education and Training Regulator Act 2011
330
National Water Commission Act 2004
334
Nation-building Funds Act 2008
336
Native Title Act 1993
346
Natural Heritage Trust of Australia Act 1997
351
Natural Resources Management (Financial Assistance) Act 1992
352
Navigation Act 2012
352
Norfolk Island Act 1979
352
Northern Territory (Lessees' Loans Guarantee) Act 1954
353
Northern Territory (Self-Government) Act 1978
353
Schedule 11--Amendments of Acts starting with O to R
354
Office of National Assessments Act 1977
354
Offshore Petroleum and Greenhouse Gas Storage Act 2006
354
Ombudsman Act 1976
357
Paid Parental Leave Act 2010
364
Papua New Guinea (Staffing Assistance) Act 1973
364
Parliamentary Contributory Superannuation Act 1948
365
Parliamentary Counsel Act 1970
365
Parliamentary Service Act 1999
365
Postal and Telecommunications Commissions (Transitional
Provisions) Act 1975
367
Primary Industries Levies and Charges Collection Act 1991
368
Primary Industries Research and Development Act 1989
368
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
xi
Private Health Insurance Act 2007
370
Proceeds of Crime Act 1987
373
Proceeds of Crime Act 2002
373
Productivity Commission Act 1998
373
Protection of Movable Cultural Heritage Act 1986
375
Public Accounts and Audit Committee Act 1951
376
Public Interest Disclosure Act 2013
376
Public Service Act 1999
377
Quarantine Act 1908
379
Quarantine Charges (Collection) Act 2014
379
Remuneration Tribunal Act 1973
379
Research Involving Human Embryos Act 2002
384
Reserve Bank Act 1959
384
Road Safety Remuneration Act 2012
388
Royal Australian Air Force Veterans' Residences Act 1953
388
Royal Commissions Act 1902
389
Schedule 12--Amendments of Acts starting with S to W
390
Safety, Rehabilitation and Compensation Act 1988
390
Safe Work Australia Act 2008
394
Schools Assistance (Learning Together--Achievement Through
Choice and Opportunity) Act 2004
401
Science and Industry Research Act 1949
402
Screen Australia Act 2008
404
Seafarers Rehabilitation and Compensation Act 1992
407
Services Trust Funds Act 1947
408
Skilling Australia's Workforce Act 2005
409
Small Superannuation Accounts Act 1995
409
Snowy Hydro Corporatisation Act 1997
410
Snowy Mountains Engineering Corporation Limited Sale Act 1993
411
Social and Community Services Pay Equity Special Account Act 2012
411
Special Broadcasting Service Act 1991
411
Superannuation Act 1976
415
xii
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Superannuation Act 1990
416
Superannuation Industry (Supervision) Act 1993
416
Superannuation (Pension Increases) Act 1971
417
Superannuation (Productivity Benefit) Act 1988
417
Superannuation (Unclaimed Money and Lost Members) Act 1999
417
Sydney Harbour Federation Trust Act 2001
418
Taxation Administration Act 1953
420
Telecommunications Act 1997
420
Telecommunications (Consumer Protection and Service Standards)
Act 1999
420
Telecommunications Universal Service Management Agency Act 2012
421
Telstra Corporation Act 1991
423
Terrorism Insurance Act 2003
424
Tertiary Education Quality and Standards Agency Act 2011
424
Therapeutic Goods Act 1989
427
Tourism Australia Act 2004
427
Transport Safety Investigation Act 2003
430
Uranium Royalty (Northern Territory) Act 2009
431
Veterans' Entitlements Act 1986
431
Water Act 2007
433
Water Efficiency Labelling and Standards Act 2005
437
Work Health and Safety Act 2011
437
Workplace Gender Equality Act 2012
438
Schedule 13--Contingent amendments
441
Part 1--Agricultural and Veterinary Chemicals legislation
441
Agricultural and Veterinary Chemical Products (Collection of Levy)
Act 1994
441
Agricultural and Veterinary Chemicals (Administration) Act 1992
441
Agricultural and Veterinary Chemicals Code Act 1994
442
Part 2--Antarctic Treaty (Environment Protection) Act 1980
444
Antarctic Treaty (Environment Protection) Act 1980
444
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
xiii
Part 3--Australian Grape and Wine Authority Act 2013
445
Australian Grape and Wine Authority Act 2013
445
Part 4--Offshore Petroleum and Greenhouse Gas Storage Act
2006
449
Division 1--First compliance measures Act has not commenced
449
Offshore Petroleum and Greenhouse Gas Storage Act 2006
449
Division 2--First compliance measures Act has commenced
449
Offshore Petroleum and Greenhouse Gas Storage Act 2006
449
Division 3--Second compliance measures Act has commenced
452
Offshore Petroleum and Greenhouse Gas Storage Act 2006
452
Part 5--Wheat Export Marketing Act 2008
453
Wheat Export Marketing Act 2008
453
Schedule 14--Other transitional and application provisions
454
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
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, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
1 Short title
1
This Act may be cited as the Public Governance, Performance and
2
Accountability (Consequential and Transitional Provisions) Act
3
2014.
4
2 Commencement
5
(1) Each provision of this Act specified in column 1 of the table
6
commences, or is taken to have commenced, in accordance with
7
column 2 of the table. Any other statement in column 2 has effect
8
according to its terms.
9
10
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
4
Immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act 2013.
3. Schedule 5,
Parts 1 and 2
Immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act 2013.
4. Schedule 5,
Part 3
The later of:
(a) immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act
2013; and
(b) immediately after the commencement of
Schedules 3 and 6 to the Agricultural
and Veterinary Chemicals Legislation
Amendment Act 2013.
5. Schedule 5,
Parts 4 to 6
Immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act 2013.
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
3
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
6. Schedules 6 to
12
Immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act 2013.
7. Schedule 13,
Part 1
The later of:
(a) immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act
2013; and
(b) immediately after the commencement of
Schedules 3, 5 and 6 to the Agricultural
and Veterinary Chemicals Legislation
Amendment Act 2013.
8. Schedule 13,
Part 2
The later of:
(a) immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act
2013; and
(b) immediately after Part 2 of Schedule 2 to
the Antarctic Treaty (Environment
Protection) Amendment Act 2012
commences.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
9. Schedule 13,
Part 3
The later of:
(a) immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act
2013; and
(b) immediately after the commencement of
Part 2 of Schedule 1 to the Grape and
Wine Legislation Amendment (Australian
Grape and Wine Authority) Act 2013.
10. Schedule 13,
Part 4, Division 1
Immediately after the commencement of the
provision(s) covered by table item 5.
However, if Schedule 1 to the Offshore
4
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
Petroleum and Greenhouse Gas Storage
Amendment (Compliance Measures) Act
2013 commences before or at that time, the
provision(s) do not commence at all.
11. Schedule 13,
Part 4, Division 2
The later of:
(a) immediately after the commencement of
the provision(s) covered by table item 5;
and
(b) immediately after the commencement of
Schedule 1 to the Offshore Petroleum
and Greenhouse Gas Storage
Amendment (Compliance Measures) Act
2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
12. Schedule 13,
Part 4, Division 3
The later of:
(a) immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act
2013; and
(b) immediately after the commencement of
Schedule 1 to the Offshore Petroleum
and Greenhouse Gas Storage
Amendment (Compliance Measures
No. 2) Act 2013.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
13. Schedule 13,
Part 5
Immediately after the commencement of
section 6 of the Public Governance,
Performance and Accountability Act 2013.
However, if Schedule 3 to the Wheat Export
Marketing Amendment Act 2012 commences
before or at that time, the provision(s) do not
commence at all.
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
5
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
14. Schedule 14
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
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act 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
CAC Act means the Commonwealth Authorities and Companies
14
Act 1997, as in force immediately before the commencement time.
15
commencement time means immediately after the commencement
16
of section 6 of the PGPA Act.
17
FMA Act means the Financial Management and Accountability
18
Act 1997, as in force immediately before the commencement time.
19
PGPA Act means the Public Governance, Performance and
20
Accountability Act 2013.
21
reporting period has the meaning given by the PGPA Act.
22
Schedule 1 Application provisions for and amendments of the PGPA Act
Part 1 Delayed application of certain provisions of Parts 2-3 and 3-2 of the PGPA Act
6
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 1
--Application provisions for and
1
amendments of the PGPA Act
2
Part 1
--Delayed application of certain provisions of
3
Parts 2-3 and 3-2 of the PGPA Act
4
1 Corporate plans
5
Sections 35 and 95 of the PGPA Act (which deal with corporate plans
6
for Commonwealth entities and Commonwealth companies) apply in
7
relation to reporting periods for those entities and companies that
8
commence on or after 1 July 2015.
9
2 Budget estimates
10
Sections 36 and 96 of the PGPA Act (which deal with budget estimates
11
for Commonwealth entities and wholly-owned Commonwealth
12
companies) apply in relation to reporting periods for those entities and
13
companies that commence after the commencement time.
14
3 Annual performance statements
15
Sections 39 and 40 of the PGPA Act (which deal with annual
16
performance statements for Commonwealth entities) apply in relation to
17
reporting periods for those entities that commence on or after 1 July
18
2015.
19
4 Annual financial statements
20
Sections 42 and 43 of the PGPA Act (which deal with annual financial
21
statements for Commonwealth entities) apply in relation to reporting
22
periods for those entities that commence after the commencement time.
23
5 Audit of financial statements of subsidiaries
24
Sections 44 and 99 of the PGPA Act (which deal with audits of
25
financial statements of subsidiaries of Commonwealth entities or
26
Commonwealth companies) apply in relation to reporting periods for
27
those subsidiaries that commence after the commencement time.
28
Application provisions for and amendments of the PGPA Act Schedule 1
Delayed application of certain provisions of Parts 2-3 and 3-2 of the PGPA Act Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
7
6 Annual reports
1
Sections 46 and 97 of the PGPA Act (which deal with annual reports for
2
Commonwealth entities and Commonwealth companies) apply in
3
relation to reporting periods for those entities and companies that
4
commence after the commencement time.
5
7 Australian Government financial reporting
6
Sections 47, 48 and 49 of the PGPA Act (which deal with Australian
7
Government financial reporting) apply in relation to the 2014-2015
8
financial year and later financial years.
9
Schedule 1 Application provisions for and amendments of the PGPA Act
Part 2 Other application provisions
8
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part 2
--Other application provisions
1
8 Duties of officials
--use of position
2
Section 27 of the PGPA Act (which deals with the duty of officials in
3
relation to the use of their position) applies to uses occurring after the
4
commencement time.
5
9 Duties of officials
--use of information
6
Section 28 of the PGPA Act (which deals with the duty of officials in
7
relation to the use of information) applies to uses by officials occurring
8
after the commencement time of information obtained by the officials
9
before or after that time.
10
10 Duties of officials
--disclosure of interests
11
Section 29 of the PGPA Act (which deals with the duty of officials to
12
disclose their interests) applies to interests that arise for officials before
13
or after the commencement time.
14
11 Termination of appointment
15
Section 30 of the PGPA Act (which deals with termination of
16
appointment) applies to appointments made before or after the
17
commencement time.
18
12 Banking
19
Section 55 of the PGPA Act (which deals with amounts received by
20
officials) applies to amounts received after the commencement time.
21
13 Waiver of amounts and modification of payment terms
22
Section 63 of the PGPA Act (which deals with waiver of amounts
23
owing to the Commonwealth and modification of payment terms)
24
applies to amounts owing to the Commonwealth before or after the
25
commencement time.
26
14 Set-off
27
Section 64 of the PGPA Act (which deals with setting off amounts
28
owing to or by the Commonwealth) applies to amounts owing to or by
29
the Commonwealth before or after the commencement time.
30
Application provisions for and amendments of the PGPA Act Schedule 1
Other application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
9
15 Gifts of relevant property
1
Sections 66 and 67 of the PGPA Act (which deal with gifts of property)
2
apply to gifts made after the commencement time of property acquired
3
before or after that time.
4
16 Losses of relevant money or relevant property
5
Sections 68, 69 and 70 of the PGPA Act (which deal with losses of
6
relevant money or relevant property) apply to losses occurring after the
7
commencement time.
8
17 Ministers to inform Parliament of certain events
9
Section 72 of the PGPA Act (which requires Ministers to inform
10
Parliament of certain events) applies to events occurring after the
11
commencement time.
12
18 Receipt of amounts by non-corporate Commonwealth
13
entities
14
Section 74 of the PGPA Act (which deals with amounts received by
15
non-corporate Commonwealth entities) applies to amounts received
16
after the commencement time.
17
19 Transfers of functions between non-corporate
18
Commonwealth entities
19
Section 75 of the PGPA Act (which deals with transfers of functions
20
between non-corporate Commonwealth entities) applies to
21
determinations made after the commencement time in relation to
22
transfers of functions occurring before or after that time.
23
20 Payments between non-corporate Commonwealth entities
24
Section 76 of the PGPA Act (which deals with payments made between
25
non-corporate Commonwealth entities) applies to payments made after
26
the commencement time.
27
21 Repayments by the Commonwealth
28
Section 77 of the PGPA Act (which deals with repayments of amounts
29
received by the Commonwealth) applies to amounts received by the
30
Commonwealth after the commencement time.
31
Schedule 1 Application provisions for and amendments of the PGPA Act
Part 2 Other application provisions
10
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
22 Special accounts
1
Section 80 of the PGPA Act (which deals with special accounts) applies
2
to special accounts established before or after the commencement time.
3
23 Recovery of debts
4
Rules made for the purposes of paragraph 103(c) of the PGPA Act
5
(which deals with recovery of debts) apply to:
6
(a) debts incurred after the commencement time; and
7
(b) debts incurred before that time, but only if the recovery of the
8
debt had not been pursued before that time.
9
Application provisions for and amendments of the PGPA Act Schedule 1
Amendments Part 3
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
11
Part 3
--Amendments
1
Public Governance, Performance and Accountability Act
2
2013
3
24 At the end of section 101
4
Add:
5
(4) Despite subsection 14(2) of the Legislative Instruments Act 2003,
6
the rules may provide in relation to a matter by applying, adopting
7
or incorporating, with or without modification, any matter
8
contained in instructions given under section 20A of this Act as in
9
force or existing from time to time.
10
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 1 Amendments
12
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 2
--Amendment of the Financial
1
Management and Accountability Act
2
1997
3
Part 1
--Amendments
4
Financial Management and Accountability Act 1997
5
1
Reader's guide
6
Repeal the guide.
7
2 Title
8
Omit "the proper use and management of public money, public
9
property and other Commonwealth resources", substitute "powers
10
to make commitments to spend money and powers in relation to
11
companies".
12
3 Section 1
13
Omit "Financial Management and Accountability", substitute
14
"Financial Framework (Supplementary Powers)".
15
4 After section 2
16
Insert:
17
2A Simplified outline of this Act
18
This Act confers on the Commonwealth, in certain circumstances,
19
the powers:
20
(a)
to make arrangements under which relevant money and
21
other CRF money can be spent, or to make grants of
22
financial assistance; and
23
(b)
to form, or otherwise be involved in, companies.
24
Amendment of the Financial Management and Accountability Act 1997 Schedule 2
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
13
The arrangements, grants, programs and companies (or classes of
1
arrangements or grants) in relation to which the powers are
2
conferred are specified in the regulations.
3
5 At the end of Part 1
4
Add:
5
5 Definitions
6
In this Act:
7
accountable authority has the meaning given by the Public
8
Governance, Performance and Accountability Act 2013.
9
Finance Minister means the Minister administering this Act.
10
Minister includes the President of the Senate or the Speaker of the
11
House of Representatives.
12
non-corporate Commonwealth entity has the meaning given by
13
the Public Governance, Performance and Accountability Act 2013.
14
official has the meaning given by the Public Governance,
15
Performance and Accountability Act 2013.
16
other CRF money has the meaning given by the Public
17
Governance, Performance and Accountability Act 2013.
18
relevant money has the meaning given by the Public Governance,
19
Performance and Accountability Act 2013.
20
6 Relationship with the finance law
21
This Act and the regulations are to be read together with the
22
finance law (within the meaning of the Public Governance,
23
Performance and Accountability Act 2013).
24
6 Parts 2 and 3
25
Repeal the Parts.
26
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 1 Amendments
14
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
7 Part 4 (heading)
1
Repeal the heading, substitute:
2
Part 2--Supplementary powers to make
3
commitments to spend money and be
4
involved in companies etc.
5
8 Divisions 1 to 3A of Part 4
6
Repeal the Divisions.
7
9 Division 3B of Part 4 (heading)
8
Repeal the heading.
9
10 Section 32B (heading)
10
Repeal the heading, substitute:
11
32B Supplementary powers to make commitments to spend relevant
12
money and other CRF money etc.
13
11 Subparagraph 32B(1)(a)(i)
14
Omit "public money", substitute "relevant money or other CRF
15
money".
16
12 Subsection 32B(1)
17
Omit ", subject to compliance with this Act, the regulations, Finance
18
Minister's Orders, Special Instructions and any other law".
19
13 At the end of subsection 32B(1)
20
Add:
21
Note:
The Public Governance, Performance and Accountability Act 2013
22
deals with the use and management of public resources (including
23
relevant money and other CRF money).
24
14 Subsection 32B(2)
25
Omit "a Chief Executive" (first occurring), substitute "an accountable
26
authority of a non-corporate Commonwealth entity".
27
Amendment of the Financial Management and Accountability Act 1997 Schedule 2
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
15
15 Subsection 32B(2) (notes 1 and 2)
1
Repeal the notes, substitute:
2
Note:
For the power to delegate, see section 32D.
3
16 Subsection 32C(3)
4
Omit "a Chief Executive" (first occurring), substitute "an accountable
5
authority of a non-corporate Commonwealth entity".
6
17 Subsection 32C(3) (notes 1 and 2)
7
Repeal the notes, substitute:
8
Note:
For the power to delegate, see section 32D.
9
18 Sections 32D and 32E
10
Repeal the sections, substitute:
11
32D Minister or accountable authority may delegate powers
12
Delegation by a Minister
13
(1) A Minister may, by writing, delegate any or all of his or her
14
powers under section 32B or 32C to an official of any
15
non-corporate Commonwealth entity.
16
Note:
An accountable authority may delegate a power delegated under this
17
section (see section 32DA).
18
(2) In exercising powers under a delegation, the delegate must comply
19
with any directions of the Minister concerned.
20
Delegation by an accountable authority
21
(3) An accountable authority of a non-corporate Commonwealth entity
22
may, by writing, delegate any or all of his or her powers under
23
section 32B or 32C to an official of any non-corporate
24
Commonwealth entity.
25
(4) In exercising powers under a delegation, the delegate must comply
26
with any directions of the accountable authority concerned.
27
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 1 Amendments
16
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
32DA Accountable authority may sub-delegate powers
1
(1) An accountable authority of a non-corporate Commonwealth entity
2
may, by writing, delegate to an official (the second delegate) of
3
any non-corporate Commonwealth entity powers and functions that
4
have been delegated to the accountable authority by a Minister
5
under section 32D.
6
(2) The power or function, when exercised or performed by the second
7
delegate, is taken for the purposes of this Act to have been
8
exercised or performed by the Minister.
9
(3) If the accountable authority is subject to directions in relation to
10
the exercise of a power, or the performance of a function,
11
delegated to the accountable authority under section 32D, then:
12
(a) the accountable authority must give corresponding directions
13
to the second delegate; and
14
(b) the accountable authority may give other directions (not
15
inconsistent with those corresponding directions) to the
16
second delegate in relation to the exercise of that power or
17
the performance of that function.
18
(4) The second delegate must comply with any directions of the
19
accountable authority.
20
32DB Relationship with section 23 of the Public Governance,
21
Performance and Accountability Act 2013
22
Section 23 of the Public Governance, Performance and
23
Accountability Act 2013 (which deals with the power of
24
accountable authorities in relation to arrangements and
25
commitments) does not authorise the accountable authority of a
26
non-corporate Commonwealth entity to exercise, on behalf of the
27
Commonwealth, a power conferred on the Commonwealth by
28
section 32B of this Act.
29
19 Division 4 of Part 4
30
Repeal the Division.
31
20 Part 5 (heading)
32
Repeal the heading.
33
Amendment of the Financial Management and Accountability Act 1997 Schedule 2
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
17
21 Sections 37 to 39A
1
Repeal the sections.
2
22 Subsection 39B(3) (note)
3
Repeal the note, substitute:
4
Note:
For the power to delegate, see section 40.
5
23 Subsection 39B(4)
6
Repeal the subsection.
7
24 Subsection 39B(5) (definition of Commonwealth company)
8
Omit "Commonwealth Authorities and Companies Act 1997", substitute
9
"Public Governance, Performance and Accountability Act 2013".
10
25 At the end of Part 5
11
Add:
12
40 Finance Minister may delegate powers
13
(1) The Finance Minister may, by written instrument, delegate to an
14
accountable authority of a non-corporate Commonwealth entity the
15
Finance Minister's powers or functions under section 39B.
16
(2) In exercising powers or functions under a delegation, the delegate
17
must comply with any directions of the Finance Minister.
18
41 Executive power of the Commonwealth
19
This Part does not, by implication, limit the executive power of the
20
Commonwealth.
21
26 Parts 6 to 8
22
Repeal the Parts.
23
27 Part 9 (heading)
24
Repeal the heading, substitute:
25
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 1 Amendments
18
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part 3--Miscellaneous
1
28 Sections 58 to 64
2
Repeal the sections.
3
29 Subsection 65(1)
4
Omit "(1)".
5
30 Subsection 65(2)
6
Repeal the subsection (including the note).
7
Amendment of the Financial Management and Accountability Act 1997 Schedule 2
Transitional and application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
19
Part 2
--Transitional and application provisions
1
Division 1
--Transitional and application provisions
2
31 Allocation of certain persons to Departments of State,
3
Departments of the Parliament and prescribed
4
Agencies
5
(1)
The following table provides that certain persons are taken to be
6
officials of Commonwealth entities for the purposes of the PGPA Act.
7
8
Persons taken to be officials of Commonwealth entities
Item
The following person ...
is taken to be an official of this
Commonwealth entity for the
purposes of the PGPA Act ...
1
a person who immediately before
the commencement time is allocated
to a Department of State under
paragraph 4(1)(a) of the Financial
Management and Accountability
Regulations 1997
the Department of State.
2
a person who immediately before
the commencement time is allocated
to the Department of the Prime
Minister and Cabinet under
paragraph 4(1)(e) of the Financial
Management and Accountability
Regulations 1997
the Department of the Prime
Minister and Cabinet.
3
a person who immediately before
the commencement time is allocated
to a Department of the Parliament
under subregulation 4(2) of the
Financial Management and
Accountability Regulations 1997
the Department of the Parliament.
4
any person who performs financial
tasks in relation to a prescribed
Agency as mentioned in
paragraph 5(1)(b) of the Financial
the listed entity that, under this Part,
the prescribed Agency is taken to
become at the commencement time.
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 2 Transitional and application provisions
20
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Persons taken to be officials of Commonwealth entities
Item
The following person ...
is taken to be an official of this
Commonwealth entity for the
purposes of the PGPA Act ...
Management and Accountability
Regulations 1997
1
(2)
A person ceases to be taken to be such an official when the person
2
would have ceased to be covered by paragraph 4(1)(a) or (e), 5(1)(b) or
3
subregulation 4(2) of the Financial Management and Accountability
4
Regulations 1997.
5
32 Prescribed Agencies
6
If:
7
(a) immediately before the commencement time, a body,
8
organisation or group of persons is a prescribed Agency; and
9
(b) at the commencement time, there is a listed entity that has the
10
same name as the prescribed Agency;
11
then the prescribed Agency is taken to become the listed entity at the
12
commencement time.
13
33 Notional payments and receipts by Agencies
14
Despite the repeal of section 6 of the FMA Act (which deals with
15
notional payments and receipts by Agencies), that section, and any other
16
provision of the FMA Act to the extent that it relates to that section,
17
continues to apply after the commencement time in relation to payments
18
made before that time.
19
34 Agreements with banks about receipt, transmission etc. of
20
public money
21
(1)
An agreement made under section 8 of the FMA Act (which deals with
22
agreements with banks about the receipt, transmission etc. of public
23
money) that is in force immediately before the commencement time is
24
taken, after that time, to have been made under, and in accordance with,
25
section 53 of the PGPA Act.
26
Amendment of the Financial Management and Accountability Act 1997 Schedule 2
Transitional and application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
21
(2)
An agreement made under section 8 of the FMA Act with the Reserve
1
Bank of Australia in relation to a central bank account that is in force
2
immediately before the commencement time is taken, after that time, to
3
have been made under, and in accordance with, subsection 53(3) of the
4
PGPA Act.
5
35 Public money must be promptly banked etc.
6
Despite the repeal of section 10 of the FMA Act (which requires public
7
money to be promptly banked etc.), that section continues to apply after
8
the commencement time in relation to public money received before
9
that time.
10
36 Establishment of Special Accounts by Finance Minister
11
(1)
A determination made under subsection 20(1) of the FMA Act (which
12
deals with the establishment of Special Accounts by the Finance
13
Minister) that is in force immediately before the commencement time is
14
(subject to subitem (2)) taken, after that time, to have been made under
15
subsection 78(1) of the PGPA Act.
16
(2)
Subitem (1) does not apply to the following determinations:
17
(a) the Financial Management and Accountability
18
(Establishment of SOETM Special Account - FWO)
19
Determination 2012/13;
20
(b) the Financial Management and Accountability
21
(Establishment of SOETM Special Account - Customs)
22
Determination 2012/14;
23
(c) the Financial Management and Accountability
24
Determination 2006/74 - Security Deposits Special Account
25
Establishment 2006;
26
(d) the Financial Management and Accountability
27
(Establishment of Special Account for Department of the
28
House of Representatives) 2011/10;
29
(e) the Financial Management and Accountability
30
Determination 2005/02 - Australia-Indonesia Partnership for
31
Reconstruction and Development (Grants) Special Account
32
Determination 2005;
33
(f) the Financial Management and Accountability
34
(Establishment of Special Account for AusAID)
35
Determination 2011/05;
36
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 2 Transitional and application provisions
22
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(g) the Financial Management and Accountability (Local
1
Hospital Networks Special Account) Determination 2013/01;
2
(h) the Financial Management and Accountability
3
Determination 2009/34 - Joint Australian U.S. Geological
4
and Geophysical Research Station Special Account
5
Establishment 2009;
6
(i) the Financial Management and Accountability
7
Determination 2008/24 - Indigenous Communities Strategic
8
Investment Program Special Account Establishment 2008.
9
37 Drawing rights
10
Despite the repeal of sections 26 and 27 of the FMA Act, those sections
11
continue to apply after the commencement time until the end of 30 June
12
2015 as if:
13
(a) a reference to an official were a reference to an official
14
within the meaning of the PGPA Act; and
15
(b) a reference to public money were a reference to relevant
16
money within the meaning of the PGPA Act; and
17
(c) a reference to a designated Special Account appropriation
18
were a reference to an appropriation under section 80 of the
19
PGPA Act that relates to:
20
(i) the COAG Reform Fund established by the COAG
21
Reform Fund Act 2008; or
22
(ii) a special account (within the meaning of the PGPA Act)
23
established by the Nation-building Funds Act 2008.
24
38 Repayments by the Commonwealth
25
Despite the repeal of section 28 of the FMA Act (which deals with
26
repayments by the Commonwealth), that section continues to apply
27
after the commencement time in relation to amounts received by the
28
Commonwealth before that time.
29
39 Repayments to the Commonwealth
30
Despite the repeal of section 30 and subsection 32A(2) of the FMA Act
31
(which deal with repayments to the Commonwealth), those provisions
32
continue to apply after the commencement time in relation to amounts
33
paid by the Commonwealth before that time.
34
Amendment of the Financial Management and Accountability Act 1997 Schedule 2
Transitional and application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
23
40 Appropriations to take account of recoverable GST
1
Despite the repeal of section 30A and subsection 32A(3) of the FMA
2
Act (which deal with the treatment of appropriations to take account of
3
recoverable GST), those provisions continue to apply after the
4
commencement time in relation to payments that are made before 1 July
5
2015.
6
41 Retaining prescribed receipts
7
Despite the repeal of section 31 and subsection 32A(4) of the FMA Act
8
(which deal with retaining prescribed receipts), those provisions
9
continue to apply after the commencement time in relation to:
10
(a) amounts (other than amounts that relate to GST) that are
11
received before that time; and
12
(b) amounts that relate to GST that are received before 1 July
13
2015.
14
42 Regulations made for the purposes of sections 32B and
15
39B
16
The amendments to sections 32B, 39B and 65 of the FMA Act made by
17
this Schedule do not affect the continuity of any regulations that are in
18
force for the purposes of section 32B or 39B immediately before the
19
commencement time.
20
43 Delegations by Minister
21
(1)
A delegation by a Minister under subsection 32D(1) of the FMA Act
22
that is in force immediately before the commencement time is taken,
23
after that time, to have been made under subsection 32D(1) of the
24
Financial Framework (Supplementary Powers) Act 1997 (as inserted by
25
this Schedule).
26
Note:
The FMA Act is renamed the Financial Framework (Supplementary Powers) Act 1997
27
by Part 1 of this Schedule.
28
(2)
A direction given by a Minister for the purposes of subsection 32D(2)
29
of the FMA Act that is in force immediately before the commencement
30
time is taken, after that time, to have been given for the purposes of
31
subsection 32D(2) of the Financial Framework (Supplementary
32
Powers) Act 1997 (as inserted by this Schedule).
33
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 2 Transitional and application provisions
24
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
44 Finance Minister may approve act of grace payments
1
An authorisation given under section 33 of the FMA Act (which deals
2
with the Finance Minister approving act of grace payments) that is in
3
force immediately before the commencement time is taken, after that
4
time, to have been given under, and in accordance with, section 65 of
5
the PGPA Act.
6
45 Finance Minister may borrow for short periods
7
An agreement made under section 38 of the FMA Act (which deals with
8
the Finance Minister borrowing for short periods) that is in force
9
immediately before the commencement time is taken, after that time, to
10
have been made under, and in accordance with, section 56 of the PGPA
11
Act.
12
46 Investment of public money
13
Public money that, immediately before the commencement time, is
14
invested under section 39 of the FMA Act (which deals with the
15
investment of public money) is taken, after that time, to be invested
16
under, and in accordance with, section 58 of the PGPA Act.
17
47 Minister must inform Parliament of involvement in a
18
company by the Commonwealth or a prescribed body
19
Despite the repeal of section 39A of the FMA Act (which deals with the
20
requirement to inform Parliament of the Commonwealth's or a
21
prescribed body's involvement in a company), that section continues to
22
apply after the commencement time in relation to events that occur
23
before that time.
24
48 Gifts of public property
25
An approval for the making of a gift that is in force under
26
paragraph 43(b) of the FMA Act (which deals with gifts of public
27
property) immediately before the commencement time is taken, after
28
that time, to be a written authorisation by the Finance Minister as
29
referred to in subparagraph 66(b)(ii) of the PGPA Act.
30
Amendment of the Financial Management and Accountability Act 1997 Schedule 2
Transitional and application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
25
49 Promoting proper use of Commonwealth resources
1
An arrangement made under section 44 of the FMA Act (which deals
2
with promoting the proper use of Commonwealth resources) that is in
3
force immediately before the commencement time is taken, after that
4
time, to have been made under section 23 of the PGPA Act.
5
50 Keeping responsible Minister and Finance Minister
6
informed
7
Despite the repeal of section 44A of the FMA Act (which deals with
8
keeping the responsible Minister and Finance Minister informed), that
9
section continues to apply after the commencement time in relation to a
10
requirement to provide reports, documents or information made under
11
that section before that time.
12
51 Recovery of debts
13
Despite the repeal of section 47 of the FMA Act (which deals with the
14
recovery of debts), that section continues to apply after the
15
commencement time in relation to any debt that a Chief Executive had
16
begun to pursue under that section before that time.
17
52 Accounts and records
18
Despite the repeal of section 48 of the FMA Act (which deals with
19
accounts and records), that section continues to apply after the
20
commencement time in relation to accounts and records to which that
21
section applies immediately before the commencement time.
22
53 Continuing application of certain provisions
23
Despite the repeal of the following provisions of the FMA Act, those
24
provisions continue to apply after the commencement time in relation to
25
the last financial year that ends before the commencement time:
26
(a) section 49 (which deals with annual financial statements);
27
(b) section 51 (which deals with reporting requirements if an
28
Agency ceases to exist or Agency functions are transferred);
29
(c) section 55 (which deals with the preparation of annual
30
financial statements by the Finance Minister);
31
(d) section 56 (which deals with auditing the Finance Minister's
32
annual financial statements);
33
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 2 Transitional and application provisions
26
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(e) section 57 (which deals with auditing the annual financial
1
statements of an Agency).
2
54 Additional financial statements
3
Despite the repeal of section 50 of the FMA Act (which deals with
4
additional financial statements), that section continues to apply after the
5
commencement time in relation to financial statements required under
6
that section before that time.
7
55 Chief Executive may delegate powers
8
Delegation of Chief Executive's powers
9
(1)
A delegation, under section 53 of the FMA Act, by a Chief Executive of
10
an Agency of his or her powers under section 32B or 32C of that Act
11
(but not powers of a Minister that have been delegated to the Chief
12
Executive) that is in force immediately before the commencement time
13
is taken, after that time, to be a delegation by an accountable authority
14
of a non-corporate Commonwealth entity under subsection 32D(3) of
15
the Financial Framework (Supplementary Powers) Act 1997 (as
16
inserted by this Schedule).
17
Note:
The FMA Act is renamed the Financial Framework (Supplementary Powers) Act 1997
18
by Part 1 of this Schedule.
19
(2)
A direction given by a Chief Executive of an Agency for the purposes
20
of a delegation referred to in subitem (1) that is in force immediately
21
before the commencement time is taken, after that time, to have been
22
given for the purposes of subsection 32D(4) of the Financial
23
Framework (Supplementary Powers) Act 1997 (as inserted by this
24
Schedule).
25
Subdelegation of Finance Minister's powers by Chief Executive
26
(3)
A delegation, under section 53 of the FMA Act, by a Chief Executive of
27
an Agency of the Finance Minister's powers or functions under
28
section 32B or 32C of that Act that is in force immediately before the
29
commencement time is taken, after that time, to be a delegation by an
30
accountable authority of a non-corporate Commonwealth entity under
31
subsection 32DA(1) of the Financial Framework (Supplementary
32
Powers) Act 1997 (as inserted by this Schedule).
33
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Transitional and application provisions Part 2
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
27
(4)
A direction given by a Chief Executive of an Agency for the purposes
1
of a delegation referred to in subitem (3) that is in force immediately
2
before the commencement time is taken, after that time, to have been
3
given for the purposes of subsection 32DA(3) of Financial Framework
4
(Supplementary Powers) Act 1997 (as inserted by this Schedule).
5
56 Requirement to publish monthly financial statements
6
Despite the repeal of section 54 of the FMA Act (which deals with
7
monthly financial statements), that section continues to apply after the
8
commencement time in relation to the last month that ends immediately
9
before that time.
10
57 Modified operation of Act and relevant regulations
11
Despite the repeal of section 58 of the FMA Act (which deals with the
12
modification of the FMA Act for intelligence or security agencies or
13
prescribed law enforcement agencies), the following continue to apply
14
after the commencement time in relation to the last financial year that
15
ends before that time:
16
(a) section 58 of the FMA Act;
17
(b) any other section of the Act to the extent that it relates to that
18
section or regulations made for the purposes of that section.
19
Note:
Division 2 of this Part continues the operation of regulations made for the purposes of
20
section 58 of the FMA Act. Those regulations modify the operation of certain parts of
21
the FMA Act.
22
58 Finance Minister may delegate powers
23
Delegation of powers under section 32B or 32C of the FMA Act
24
(1)
A delegation, under section 62 of the FMA Act, by the Finance Minister
25
of the Finance Minister's powers or functions under section 32B or 32C
26
of that Act that is in force immediately before the commencement time
27
is taken, after that time, to have been made under subsection 32D(1) of
28
the Financial Framework (Supplementary Powers) Act 1997 (as
29
inserted by this Schedule).
30
Note:
The FMA Act is renamed the Financial Framework (Supplementary Powers) Act 1997
31
by Part 1 of this Schedule.
32
(2)
A direction given by the Finance Minister for the purposes of a
33
delegation referred to in subitem (1) that is in force immediately before
34
Schedule 2 Amendment of the Financial Management and Accountability Act 1997
Part 2 Transitional and application provisions
28
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
the commencement time is taken, after that time, to have been given for
1
the purposes of subsection 32D(2) of the Financial Framework
2
(Supplementary Powers) Act 1997 (as inserted by this Schedule).
3
Delegation of powers under section 39B of the FMA Act
4
(3)
A delegation, under section 62 of the FMA Act, by the Finance Minister
5
of the Finance Minister's powers or functions under section 39B of that
6
Act that is in force immediately before the commencement time is
7
taken, after that time, to have been made under section 40 of the
8
Financial Framework (Supplementary Powers) Act 1997 (as inserted by
9
this Schedule).
10
(4)
A direction given by the Finance Minister for the purposes of a
11
delegation referred to in subitem (3) that is in force immediately before
12
the commencement time is taken, after that time, to have been given for
13
the purposes of section 40 of the Financial Framework (Supplementary
14
Powers) Act 1997 (as inserted by this Schedule).
15
59 Approvals of spending proposals
16
An approval that, immediately before the commencement time, is in
17
force for the purposes of regulation 9 of regulations made under the
18
FMA Act is taken, after that time, to have been given for the purposes
19
of, and in accordance with, rules made for the purposes of section 52 of
20
the PGPA Act.
21
Division 2
--Continuation of instruments
22
60 Continuation of instruments
23
(1)
This item applies if:
24
(a) an item of this Part continues the operation of a provision of
25
the FMA Act; and
26
(b) regulations or any other instrument are in force immediately
27
before the commencement time for the purposes of the
28
provision.
29
(2)
The regulations or other instrument are taken, after the commencement
30
time, to continue in force for the purposes of the item.
31
Repeal of the Commonwealth Authorities and Companies Act 1997 Schedule 3
Repeal Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
29
Schedule 3
--Repeal of the Commonwealth
1
Authorities and Companies Act 1997
2
Part 1
--Repeal
3
Commonwealth Authorities and Companies Act 1997
4
1 The whole of the Act
5
Repeal the Act.
6
Schedule 3 Repeal of the Commonwealth Authorities and Companies Act 1997
Part 2 Transitional and application provisions
30
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part 2
--Transitional and application provisions
1
2 Continuing application of certain provisions
2
(1)
Despite the repeal of the following provisions of the CAC Act, those
3
provisions continue to apply after the commencement time in relation to
4
the last financial year that ends before the commencement time:
5
(a) section 9 (which deals with directors preparing annual
6
reports);
7
(b) section 10 (which deals with modified requirements for a
8
Commonwealth authority's first year of existence);
9
(c) section 12 (which deals with auditing a relevant subsidiary's
10
financial statements);
11
(d) section 14 (which deals with estimates);
12
(e) section 36 (which deals with annual reports for
13
Commonwealth companies);
14
(f) section 37 (which deals with auditing relevant subsidiary's
15
financial statements);
16
(g) section 39 (which deals with estimates);
17
(h) Schedule 1 (which deals with the annual report for
18
Commonwealth authorities).
19
(2)
Despite the repeal of section 11 of the CAC Act (which deals with the
20
contravention of annual report rules by directors), that section continues
21
to apply after the commencement time in relation to a contravention of a
22
reporting rule that occurs after that time.
23
3 Responsible Minister to be notified of significant events
24
Despite the repeal of sections 15 and 40 of the CAC Act (which deal
25
with notifying the responsible Minister of significant events), those
26
sections continue to apply after the commencement time in relation to
27
decisions made before that time.
28
Repeal of the Commonwealth Authorities and Companies Act 1997 Schedule 3
Transitional and application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
31
4 Keeping responsible Minister and Finance Minister
1
informed
2
Despite the repeal of sections 16 and 41 of the CAC Act (which deal
3
with keeping the responsible Minister and Finance Minister informed),
4
those sections continue to apply after the commencement time in
5
relation to:
6
(a) operations that occur before that time; and
7
(b) requirements to provide reports, documents or information
8
made before that time.
9
5 Corporate plan for GBE
10
Despite the repeal of sections 17 and 42 of the CAC Act (which deal
11
with corporate plans for GBEs), those sections continue to apply after
12
the commencement time in relation to the first reporting period that
13
commences at or after that time.
14
6 Banking and investment
15
(1)
Despite the repeal of subsections 18(2) and 19(2) of the CAC Act
16
(which deal with banking and investment), those subsections continue
17
to apply after the commencement time in relation to money received
18
before that time.
19
(2)
Surplus money that, immediately before the commencement time, is
20
invested under section 18 or 19 of the CAC Act (which deals with
21
banking and investment) is taken, after that time, to be relevant money
22
invested under, and in accordance with, section 59 of the PGPA Act.
23
(3)
An approval that is in force immediately before the commencement
24
time under paragraph 18(3)(d) of the CAC Act is taken, after that time,
25
to be a written authorisation given under subparagraph 59(1)(b)(iii) of
26
the PGPA Act.
27
7 Accounting records
28
Despite the repeal of section 20 of the CAC Act (which deals with
29
accounting records), that section continues to apply after the
30
commencement time in relation to accounting records to which that
31
section applies immediately before the commencement time.
32
Schedule 3 Repeal of the Commonwealth Authorities and Companies Act 1997
Part 2 Transitional and application provisions
32
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
8 Use of position
--civil obligations
1
Despite the repeal of section 24 of the CAC Act (which deals with the
2
use of position), that section continues to apply after the
3
commencement time in relation to an officer or employee of a
4
Commonwealth authority who, before that time, uses his or her position
5
to gain an advantage, or cause a detriment (even if the advantage is not
6
gained or the detriment is not caused until after the commencement
7
time).
8
9 Use of information
--civil obligations
9
Despite the repeal of section 25 of the CAC Act (which deals with the
10
use of information), that section continues to apply after the
11
commencement time in relation to a person who, before that time, uses
12
information to gain an advantage, or cause a detriment (even if the
13
advantage is not gained or the detriment is not caused until after the
14
commencement time).
15
10 Disqualification order for contravention of civil penalty
16
provision
17
Despite the repeal of section 27C of the CAC Act (which deals with
18
disqualification orders for contraventions of civil penalty provisions),
19
that section continues to apply after the commencement time in relation
20
to orders that are in force under that section immediately before that
21
time.
22
11 Director may give other directors standing notice about an
23
interest
24
A notice given under section 27F or 27G of the CAC Act (which deals
25
with directors giving notice about interests) that is in force immediately
26
before the commencement time is taken, after that time, to have been
27
given for the purposes of section 29 of the PGPA Act.
28
12
Right of access to authority's books
29
Despite the repeal of section 27L of the CAC Act (which deals with the
30
right of access to authority's books), that section continues to apply
31
after the commencement time in relation to books to which that section
32
applies immediately before that time.
33
Repeal of the Commonwealth Authorities and Companies Act 1997 Schedule 3
Transitional and application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
33
13 Indemnification and exemption of officer
1
Despite the repeal of section 27M of the CAC Act (which deals with the
2
indemnification and exemption of officers), that section continues to
3
apply after the commencement time in relation to indemnifications that
4
are in force immediately before that time.
5
14 Insurance for certain liabilities of officers
6
Despite the repeal of section 27N of the CAC Act (which deals with
7
insurance for certain liabilities of officers), that section continues to
8
apply after the commencement time in relation to contracts for
9
insurance that are in force under that section immediately before that
10
time.
11
15 Cessation of sections 28 and 43 notifications
12
Notifications that, immediately before the commencement time, are in
13
force as a result of subitem 71(2) or 72(2) of Schedule 1 to the
14
Commonwealth Authorities and Companies Amendment Act 2008
15
(which deal with section 28 and 43 notifications) cease to be in force at
16
the commencement time.
17
16 Continuation of provisions of the CAC Act for the
18
purposes of the Future Fund Act 2006
19
Despite the repeal of the CAC Act by this Schedule, the following
20
provisions continue to apply, in relation to members of the Future Fund
21
Board of Guardians and members of staff of the Future Fund
22
Management Agency, after the commencement time in accordance with
23
section 66 of the Future Fund Act 2006:
24
(a) section 6 of the CAC Act;
25
(b) section 27C of the CAC Act;
26
(c) Schedule 2 to the CAC Act.
27
Note:
Section 66 of the Future Fund Act 2006 applies those provisions of the CAC Act to
28
members of the Future Fund Board of Guardians and members of staff of the Future
29
Fund Management Agency. This item continues the operation of those provisions of the
30
CAC Act.
31
17 Continuation of instruments
32
(1)
This item applies if:
33
Schedule 3 Repeal of the Commonwealth Authorities and Companies Act 1997
Part 2 Transitional and application provisions
34
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(a) an item of this Part continues the operation of a provision of
1
the CAC Act; and
2
(b) regulations or any other instrument are in force immediately
3
before the commencement time for the purposes of the
4
provision.
5
(2)
The regulations or other instrument are taken, after that time, to
6
continue in force for the purposes of the item.
7
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
35
Schedule 4
--Auditor-General Act 1997 and
1
related amendments
2
Part 1
--Amendments
3
Auditor-General Act 1997
4
1
Readers guide (heading "Related legislation")
5
Repeal the heading.
6
2
Readers guide (paragraphs under the heading "Related
7
legislation")
8
Repeal the paragraphs.
9
3 Subsection 5(1)
10
Omit "(1)".
11
4 Subsection 5(1)
12
Insert:
13
accountable authority, of a Commonwealth entity, has the same
14
meaning as in the Public Governance, Performance and
15
Accountability Act 2013.
16
5 Subsection 5(1) (definition of Agency)
17
Repeal the definition.
18
6 Subsection 5(1) (definition of Chief Executive)
19
Repeal the definition.
20
7 Subsection 5(1) (definition of Commonwealth authority)
21
Repeal the definition.
22
8 Subsection 5(1) (definition of Commonwealth company)
23
Omit "Commonwealth Authorities and Companies Act 1997", substitute
24
"Public Governance, Performance and Accountability Act 2013".
25
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
36
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
9 Subsection 5(1)
1
Insert:
2
Commonwealth entity has the same meaning as in the Public
3
Governance, Performance and Accountability Act 2013.
4
10 Subsection 5(1)
5
Insert:
6
corporate Commonwealth entity has the same meaning as in the
7
Public Governance, Performance and Accountability Act 2013.
8
11 Subsection 5(1) (definition of director)
9
Repeal the definition, substitute:
10
director, of a Commonwealth company, has the same meaning as
11
in the Public Governance, Performance and Accountability Act
12
2013.
13
12 Subsection 5(1) (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
13 Subsection 5(1) (definition of FMA official)
17
Repeal the definition.
18
14 Subsection 5(1) (definition of GBE or government
19
business enterprise)
20
Omit "Commonwealth Authorities and Companies Act 1997", substitute
21
"Public Governance, Performance and Accountability Act 2013".
22
15 Subsection 5(1)
23
Insert:
24
non-corporate Commonwealth entity has the same meaning as in
25
the Public Governance, Performance and Accountability Act 2013.
26
16 Subsection 5(1) (definition of officer)
27
Repeal the definition.
28
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
37
17 Subsection 5(1)
1
Insert:
2
official, of a Commonwealth entity, has the same meaning as in the
3
Public Governance, Performance and Accountability Act 2013.
4
18 Subsection 5(1) (definition of responsible Minister)
5
Repeal the definition, substitute:
6
responsible Minister:
7
(a) in relation to a Commonwealth entity or a Commonwealth
8
company--has the same meaning as in the Public
9
Governance, Performance and Accountability Act 2013; and
10
(b) in relation to a Commonwealth partner--means the Minister
11
responsible for achieving the Commonwealth purpose
12
concerned; and
13
(c) in relation to a subsidiary of a corporate Commonwealth
14
entity or a Commonwealth company--the responsible
15
Minister for the entity or company concerned.
16
19 Subsection 5(1) (definition of senior manager)
17
Repeal the definition.
18
20 Subsection 5(1) (definition of subsidiary)
19
Repeal the definition, substitute:
20
subsidiary, of a corporate Commonwealth entity or a
21
Commonwealth company, has the same meaning as in the Public
22
Governance, Performance and Accountability Act 2013.
23
21 Subsection 5(1) (definition of wholly owned
24
Commonwealth company)
25
Repeal the definition, substitute:
26
wholly-owned Commonwealth company has the same meaning as
27
in the Public Governance, Performance and Accountability Act
28
2013.
29
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
38
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
22 Subsection 5(2)
1
Repeal the subsection.
2
23 Division 1 of Part 4 (heading)
3
Repeal the heading, substitute:
4
Division 1--Annual financial statement audits
5
24 Sections 11, 12, 13 and 14
6
Repeal the sections, substitute:
7
11 Annual financial statements of Commonwealth entities,
8
Commonwealth companies and subsidiaries
9
The Auditor-General's functions include auditing the:
10
(a) annual financial statements of Commonwealth entities in
11
accordance with the Public Governance, Performance and
12
Accountability Act 2013; and
13
(b) annual financial statements of Commonwealth companies in
14
accordance with that Act; and
15
(c) annual financial statements of subsidiaries of corporate
16
Commonwealth entities and Commonwealth companies in
17
accordance with that Act.
18
12 Annual consolidated financial statements
19
The Auditor-General's functions include auditing the annual
20
consolidated financial statements in accordance with the Public
21
Governance, Performance and Accountability Act 2013.
22
14 Audit fees for annual financial statement audits
23
(1) A person or body (other than a non-corporate Commonwealth
24
entity) whose annual financial statements are audited as mentioned
25
in:
26
(a) section 11 of this Act; or
27
(b) subsection 30(3) of the Governance of Australian
28
Government Superannuation Schemes Act 2011;
29
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
39
is liable to pay audit fees for the audit, based on a scale of fees
1
determined by the Auditor-General.
2
(2) Fees are payable within 30 days after issue of a payment claim.
3
Payment claims for instalments may be issued before the audit is
4
completed.
5
(3) Unpaid fees:
6
(a) are a debt due to the Commonwealth; and
7
(b) may be recovered by the Auditor-General, on behalf of the
8
Commonwealth, by action in a court of competent
9
jurisdiction.
10
(4) In the annual report prepared by the Auditor-General and given to
11
the Minister under section 46 of the Public Governance,
12
Performance and Accountability Act 2013 for a period, the
13
Auditor-General must include details of the basis on which the
14
Auditor-General determined the audit fees that applied during the
15
period.
16
25 After Division 1 of Part 4
17
Insert:
18
Division 1A--Annual performance statement audits
19
15 Commonwealth entities
20
The Auditor-General's functions include auditing annual
21
performance statements of Commonwealth entities in accordance
22
with the Public Governance, Performance and Accountability Act
23
2013.
24
16 Audit fees for annual performance statement audits
25
(1) A corporate Commonwealth entity whose annual performance
26
statements are audited as mentioned in section 15 is liable to pay
27
audit fees for the audit, based on a scale of fees determined by the
28
Auditor-General.
29
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
40
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) Fees are payable within 30 days after issue of a payment claim.
1
Payment claims for instalments may be issued before the audit is
2
completed.
3
(3) Unpaid fees:
4
(a) are a debt due to the Commonwealth; and
5
(b) may be recovered by the Auditor-General, on behalf of the
6
Commonwealth, by action in a court of competent
7
jurisdiction.
8
(4) In the annual report prepared by the Auditor-General and given to
9
the Minister under section 46 of the Public Governance,
10
Performance and Accountability Act 2013 for a period, the
11
Auditor-General must include details of the basis on which the
12
Auditor-General determined the audit fees that applied during the
13
period.
14
26 Sections 15, 16 and 17
15
Repeal the sections, substitute:
16
17 Performance audits of Commonwealth entities, Commonwealth
17
companies and subsidiaries
18
(1) The Auditor-General may at any time conduct a performance audit
19
of:
20
(a) a Commonwealth entity; or
21
(b) a Commonwealth company; or
22
(c) a subsidiary of a corporate Commonwealth entity or a
23
Commonwealth company.
24
(2) However, the Auditor-General may only conduct such an audit on
25
request by the Joint Committee of Public Accounts and Audit if the
26
audit is of:
27
(a) a corporate Commonwealth entity that is a GBE, or of any of
28
its subsidiaries; or
29
(b) a wholly-owned Commonwealth company that is a GBE, or
30
any of its subsidiaries.
31
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
41
(3) Nothing prevents the Auditor-General from asking the Joint
1
Committee of Public Accounts and Audit to make a particular
2
request under subsection (2).
3
(4) As soon as practicable after completing the report on an audit
4
under this section, the Auditor-General must:
5
(a) cause a copy of the report to be tabled in each House of the
6
Parliament; and
7
(b) give a copy of the report to the responsible Minister; and
8
(c) give a copy of the report:
9
(i) if the audit is of a Commonwealth entity--to an official
10
who is, or is a member of, the accountable authority of
11
the entity; or
12
(ii) if the audit is of a Commonwealth company--to a
13
director of the company; or
14
(iii) if the audit is of a subsidiary of a corporate
15
Commonwealth entity or Commonwealth company--to
16
a person who is, or is a member of, the governing body
17
of the subsidiary; and
18
(d) to the extent that the report relates to the operations of a
19
Commonwealth partner--give a copy of the report to a
20
person who is, or is a member of, the governing body of the
21
Commonwealth partner.
22
(5) The Auditor-General may give a copy of, or an extract from, the
23
report to any person (including a Minister) who, or any body that,
24
in the Auditor-General's opinion, has a special interest in the report
25
or the content of the extract.
26
(6) For the purposes of this section, a Commonwealth entity is taken
27
not to include any persons who are:
28
(a) employed or engaged under the Members of Parliament
29
(Staff) Act 1984; and
30
(b) prescribed by an Act or rules made for the purposes of the
31
definition of Department of State or Parliamentary
32
Department in section 8 of the Public Governance,
33
Performance and Accountability Act 2013 in relation to the
34
entity.
35
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
42
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
27 Subsection 18(1)
1
Omit "Agency", substitute "Commonwealth entity".
2
28 Paragraphs 18(2)(d), (e) and (f)
3
Repeal the paragraphs, substitute:
4
(d) to the extent that the report relates to the operations of a
5
Commonwealth entity--give a copy of the report to a person
6
who is, or is a member of, the accountable authority of the
7
entity; and
8
(e) to the extent that the report relates to the operations of a
9
Commonwealth company--give a copy of the report to a
10
director of the company; and
11
(f) to the extent that the report relates to the operations of a
12
subsidiary of a corporate Commonwealth entity or a
13
Commonwealth company--give a copy of the report to a
14
person who is, or is a member of, the governing body of the
15
subsidiary; and
16
29 Paragraph 18(2)(h)
17
Repeal the paragraph, substitute:
18
(h) to the extent that the report relates to the operations of a
19
Commonwealth partner--give a copy of the report to a
20
person who is, or is a member of, the governing body of the
21
Commonwealth partner.
22
30 Subsection 18(4) (definition of Commonwealth public
23
sector)
24
Omit "Agencies, Commonwealth authorities", substitute "non-corporate
25
Commonwealth entities, corporate Commonwealth entities".
26
31 Section 18A
27
Repeal the section, substitute:
28
18A Audit of performance measures
29
(1) The Auditor-General may at any time conduct an audit of:
30
(a) the appropriateness of the performance measures (however
31
described) of:
32
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
43
(i) a Commonwealth entity; or
1
(ii) a Commonwealth company; or
2
(iii) a subsidiary of a corporate Commonwealth entity or a
3
Commonwealth company; and
4
(b) reporting by the entity, company or subsidiary against those
5
measures.
6
(2) However, the Auditor-General may only conduct such an audit on
7
request by the Joint Committee of Public Accounts and Audit if the
8
audit is of:
9
(a) a corporate Commonwealth entity that is a GBE, or of any of
10
its subsidiaries; or
11
(b) a wholly-owned Commonwealth company that is a GBE, or
12
of any of its subsidiaries.
13
(3) Nothing prevents the Auditor-General from asking the Joint
14
Committee of Public Accounts and Audit to make a particular
15
request under subsection (2).
16
(4) As soon as practicable after completing the report on an audit
17
under this section, the Auditor-General must:
18
(a) cause a copy of the report to be tabled in each House of the
19
Parliament; and
20
(b) give a copy of the report to the responsible Minister; and
21
(c) give a copy of the report:
22
(i) if the audit is of a Commonwealth entity--to an official
23
who is, or is a member of, the accountable authority of
24
the entity; or
25
(ii) if the audit is of a Commonwealth company--to a
26
director of the company; or
27
(iii) if the audit is of a subsidiary of a corporate
28
Commonwealth entity or Commonwealth company--to
29
a person who is, or is a member of, the governing body
30
of the subsidiary.
31
(5) Subsection (4) does not apply if the report is, or is to be, included
32
in the annual report of the Commonwealth entity or
33
Commonwealth company.
34
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
44
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(6) The Auditor-General may give a copy of, or an extract from, the
1
report to any person (including a Minister) who, or any body that,
2
in the Auditor-General's opinion, has a special interest in the report
3
or the content of the extract.
4
32 Subsection 18B(4)
5
Omit "15, 16,".
6
33 Paragraph 18B(6)(c)
7
Repeal the paragraph, substitute:
8
(c) give a copy of the report to a person who is, or is a member
9
of, the governing body of the Commonwealth partner.
10
34 Subsection 18B(7)
11
Omit "15, 16,".
12
35 Section 19
13
Repeal the section, substitute:
14
19 Comments on proposed report
15
(1) After preparing a proposed report on an audit of a Commonwealth
16
entity under paragraph 17(1)(a), the Auditor-General must:
17
(a) give a copy of the proposed report to an official who is, or is
18
a member of, the accountable authority of the entity; and
19
(b) to the extent that the proposed report relates to the operations
20
of a Commonwealth partner--give a person who is, or is a
21
member of, the governing body of the Commonwealth
22
partner:
23
(i) a copy of the proposed report; or
24
(ii) extracts of the parts of the proposed report that deal with
25
the audit of the Commonwealth partner; or
26
(iii) extracts of the proposed report that include the parts of
27
the proposed report that deal with the audit of the
28
Commonwealth partner.
29
(2) After preparing a proposed report on an audit of a body under
30
paragraph 17(1)(b) or (c), the Auditor-General must:
31
(a) give a copy of the proposed report to:
32
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
45
(i) if the audit is of a Commonwealth company--to a
1
director of the company; or
2
(ii) if the audit is of a subsidiary of a corporate
3
Commonwealth entity or Commonwealth company--to
4
a person who is, or is a member of, the governing body
5
of the subsidiary; and
6
(b) to the extent that the proposed report relates to the operations
7
of a Commonwealth partner--give a person who is, or is a
8
member of, the governing body of the Commonwealth
9
partner:
10
(i) a copy of the proposed report; or
11
(ii) extracts of the parts of the proposed report that deal with
12
the audit of the Commonwealth partner; or
13
(iii) extracts of the proposed report that include the parts of
14
the proposed report that deal with the audit of the
15
Commonwealth partner.
16
(3) After preparing a proposed report under section 18A on an audit of
17
the performance measures of a body and the body's reporting
18
against those measures, the Auditor-General must give a copy of
19
the proposed report to:
20
(a) if the audit is of a Commonwealth entity--to an official who
21
is, or is a member of, the accountable authority of the entity;
22
or
23
(b) if the audit is of a Commonwealth company--to a director of
24
the company; or
25
(c) if the audit is of a subsidiary of a corporate Commonwealth
26
entity or Commonwealth company--to a person who is, or is
27
a member of, the governing body of the subsidiary.
28
(4) After preparing a proposed report on an audit of a Commonwealth
29
partner under section 18B, the Auditor-General must give a copy
30
of the proposed report to a person who is, or is a member of, the
31
governing body of the Commonwealth partner.
32
(5) Subsection (4) does not apply if:
33
(a) the proposed report is included, or is to be included, in the
34
proposed report on an audit under section 17; or
35
(b) the audit of the Commonwealth partner was conducted as
36
part of an audit under section 18.
37
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
46
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(6) After preparing a proposed report on an audit under section 17, 18,
1
18A or 18B, the Auditor-General may give a copy of, or an extract
2
from, the proposed report to any person (including a Minister)
3
who, or any body that, in the Auditor-General's opinion, has a
4
special interest in the report or the content of the extract.
5
(7) If the recipient of the proposed report, or the extract from the
6
proposed report, gives written comments to the Auditor-General as
7
follows, the Auditor-General must consider those comments before
8
preparing a final report:
9
(a) in the case of a proposed report on an audit under
10
section 18A (audit of performance measures)--within 14
11
days after receiving the proposed report, or the extract from
12
the proposed report;
13
(b) otherwise--within 28 days after receiving the proposed
14
report, or the extract from the proposed report.
15
(8) The Auditor-General must, in the final report, include all written
16
comments received under subsection (7).
17
36 Subsections 19A(1) and (2)
18
Repeal the subsections, substitute:
19
(1) The Auditor-General may at any time conduct an assurance review
20
of:
21
(a) a Commonwealth entity; or
22
(b) a Commonwealth company; or
23
(c) a subsidiary of a corporate Commonwealth entity or a
24
Commonwealth company.
25
(2) However, the Auditor-General may only conduct such an
26
assurance review on request by the Joint Committee of Public
27
Accounts and Audit if the review is of:
28
(a) a corporate Commonwealth entity that is a GBE, or of any of
29
its subsidiaries; or
30
(b) a wholly-owned Commonwealth company that is a GBE, or
31
of any of its subsidiaries.
32
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
47
37 Paragraph 21(1)(a)
1
Omit "Commonwealth authority", substitute "corporate Commonwealth
2
entity".
3
38 Paragraph 21(1)(c)
4
Omit "as defined in section 34 of the Commonwealth Authorities and
5
Companies Act 1997", substitute "within the meaning of
6
subsection 89(2) of the Public Governance, Performance and
7
Accountability Act 2013".
8
39 Paragraph 24(a)
9
After "1,", insert "1A,".
10
40 Paragraph 24(c)
11
Omit "section 56 of the Financial Management and Accountability Act
12
1997", substitute "section 49 of the Public Governance, Performance
13
and Accountability Act 2013".
14
41 Section 28
15
Repeal the section.
16
42 Subsection 29(1)
17
Omit "an FMA official", substitute "an official of a non-corporate
18
Commonwealth entity".
19
43 Subsection 32(5) (definition of authorised official)
20
Omit "an FMA official", substitute "an official of a non-corporate
21
Commonwealth entity".
22
44 Paragraph 33(1)(a)
23
Omit "Commonwealth authority", substitute "corporate Commonwealth
24
entity".
25
45 At the end of subsection 33(1)
26
Add:
27
Note:
Paragraph (1)(a) does not expressly refer to non-corporate
28
Commonwealth entities because these entities are legally part of the
29
Commonwealth.
30
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
48
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
46 Subsection 33(4) (definition of authorised official)
1
Omit "an FMA official", substitute "an official of a non-corporate
2
Commonwealth entity".
3
47 Section 44
4
Repeal the section, substitute:
5
44 Audit of annual financial statements
6
(1) After preparing the annual financial statements for the Audit Office
7
under section 42 of the Public Governance, Performance and
8
Accountability Act 2013, the Auditor-General must give the
9
statements to the Independent Auditor.
10
(2) The Independent Auditor must audit the statements in accordance
11
with section 43 of that Act.
12
(3) For these purposes, references in sections 42 and 43 of that Act to
13
the Auditor-General are taken to be references to the Independent
14
Auditor.
15
48 Section 50
16
Repeal the section, substitute:
17
50 Guaranteed availability of parliamentary appropriations
18
(1) There is payable to the Audit Office such money as is appropriated
19
by the Parliament for the purposes of the Audit Office.
20
(2) The Finance Minister may give directions about the amounts in
21
which, and the times at which, money payable under subsection (1)
22
is to be paid to the Audit Office.
23
(3) If a direction under subsection (2) is given in writing, the direction
24
is not a legislative instrument.
25
(4) A provision of an Appropriation Act that authorises the Finance
26
Minister to determine that a departmental item of a Commonwealth
27
entity is to be reduced does not apply in relation to a departmental
28
item of the Audit Office.
29
Auditor-General Act 1997 and related amendments Schedule 4
Amendments Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
49
(5) A provision of an Appropriation Act that has the effect of reducing
1
an administered item of a Commonwealth entity does not apply in
2
relation to an administered item of the Audit Office.
3
49 Section 54 (heading)
4
Repeal the heading, substitute:
5
54 Provision of information to the Minister or the Finance Minister
6
50 Subsection 54(1)
7
Repeal the subsection, substitute:
8
(1) This section applies to a requirement under paragraph 19(1)(b) of
9
the Public Governance, Performance and Accountability Act 2013
10
for the Auditor-General to give the Minister or the Finance
11
Minister reports, documents or information.
12
Note:
Section 19 of the Public Governance, Performance and Accountability
13
Act 2013 deals with the duty of the accountable authority of a
14
Commonwealth entity to keep the responsible Minister and Finance
15
Minister informed in relation to the activities of the entity and any of
16
its subsidiaries.
17
51 Subsection 54(3)
18
Omit "The", substitute "The Minister or the"
19
52 Subsection 54(4)
20
Repeal the subsection, substitute:
21
(4) The requirement must be disclosed in the annual report prepared by
22
the Auditor-General and given to the Minister under section 46 of
23
the Public Governance, Performance and Accountability Act 2013
24
for the period.
25
53 At the end of clause 6 of Schedule 1
26
Add:
27
(7) Section 30 of the Public Governance, Performance and
28
Accountability Act 2013 (which deals with terminating the
29
appointment of an accountable authority, or a member of an
30
Schedule 4 Auditor-General Act 1997 and related amendments
Part 1 Amendments
50
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
accountable authority, for contravening general duties of officials)
1
does not apply in relation to the Auditor-General.
2
Norfolk Island Act 1979
3
54 Subsection 48D(5)
4
Repeal the subsection, substitute:
5
(5) In the annual report prepared by the Auditor-General and given to
6
the responsible Minister (within the meaning of the Public
7
Governance, Performance and Accountability Act 2013) under
8
section 46 of that Act for a period, the Auditor-General must
9
include details of the basis on which the Auditor-General
10
determined the audit fees that applied during that period.
11
55 Paragraph 48G(2)(f)
12
Omit "Commonwealth authority", substitute "corporate Commonwealth
13
entity".
14
Public Accounts and Audit Committee Act 1951
15
56 After paragraph 8(1)(k)
16
Insert:
17
(ka) to consider the level of fees determined by the
18
Auditor-General under subsection 16(1) of the
19
Auditor-General Act 1997; and
20
Auditor-General Act 1997 and related amendments Schedule 4
Application provisions Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
51
Part 2
--Application provisions
1
57 Annual financial statements audits
2
(1)
The amendments made by items 23, 24, 47 and 54 of this Schedule
3
apply, subject to subitem (2), in relation to audits of annual financial
4
statements for reporting periods that commence at or after the
5
commencement time.
6
(2)
Section 14 of the Auditor-General Act 1997 (as inserted by this
7
Schedule) does not apply in relation to a corporate Commonwealth
8
entity that was, immediately before the commencement time, an
9
Agency within the meaning of the FMA Act.
10
58 Annual performance statement audits
11
The amendments made by items 25 and 39 of this Schedule apply in
12
relation to audits of annual performance statements for reporting
13
periods that commence on or after 1 July 2015.
14
59 Performance audits and assurance reviews
15
The amendments made by items 26 to 36 of this Schedule apply in
16
relation to performance audits and assurance reviews:
17
(a) that were commenced, but have not been completed, before
18
the commencement time; or
19
(b) that commence at or after the commencement time.
20
60 Auditing standards
21
The amendment of paragraph 24(c) of the Auditor-General Act 1997
22
made by this Schedule applies in relation to audits for reporting periods
23
that commence at or after the commencement time.
24
61 Annual reports
25
Despite the repeal of section 28 of the Auditor-General Act 1997 by this
26
Schedule, that section as in force immediately before the
27
commencement time continues to apply after that time in relation to the
28
last financial year that ends before that time.
29
Schedule 4 Auditor-General Act 1997 and related amendments
Part 2 Application provisions
52
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
62 Delegations
1
The amendments of section 29 and subsections 32(5) and 33(4) of the
2
Auditor-General Act 1997 made by this Schedule do not affect the
3
continuity of any delegation or authorisation that is in force under those
4
provisions immediately before the commencement time.
5
63 Parliamentary appropriations
6
Section 50 of the Auditor-General Act 1997 as inserted by this Schedule
7
applies in relation to appropriations for the 2014-15 financial year and
8
later financial years.
9
64 Requirements to provide reports, documents or
10
information
11
The amendments of section 54 of the Auditor-General Act 1997 made
12
by this Schedule apply in relation to any requirement made after the
13
commencement time to provide reports, documents or information.
14
Corporate status of bodies Schedule 5
Bodies ceasing to be bodies corporate Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
53
Schedule 5
--Corporate status of bodies
1
Part 1
--Bodies ceasing to be bodies corporate
2
Australian Communications and Media Authority Act 2005
3
1 Division 3 of Part 2
4
Repeal the Division, substitute:
5
Division 3--Powers
6
12 ACMA's powers
7
The ACMA has power to do all things necessary or convenient to
8
be done for or in connection with the performance of its functions.
9
Note:
The Chair may enter into contracts and other arrangements on behalf
10
of the Commonwealth. See section 23 of the Public Governance,
11
Performance and Accountability Act 2013.
12
2 Part 3 (heading)
13
Repeal the heading, substitute:
14
Part 3--ACMA's membership
15
3 Division 1 of Part 3
16
Repeal the Division.
17
4 After section 62
18
Insert:
19
62A Proceedings in the name of the ACMA
20
(1) Proceedings brought by the Commonwealth in relation to the
21
functions or powers of the ACMA may be brought in the name of
22
the ACMA.
23
Note:
This subsection does not authorise ACMA to bring proceedings
24
against the Commonwealth: see also subsection 62B(2).
25
Schedule 5 Corporate status of bodies
Part 1 Bodies ceasing to be bodies corporate
54
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) Proceedings brought against the Commonwealth in relation to the
1
functions or powers of the ACMA may be brought against the
2
Commonwealth in the name of the ACMA.
3
62B Decisions relating to the Commonwealth etc.
4
(1) The fact that the ACMA does not have a legal identity separate
5
from the Commonwealth does not affect the performance of the
6
ACMA's functions in making, or the exercise of the ACMA's
7
powers to make, decisions relating to:
8
(a) the Commonwealth; or
9
(b) any authority of the Commonwealth that is not a body
10
corporate.
11
(2) This section does not apply to decisions relating to bringing
12
proceedings against the Commonwealth or such an authority.
13
Fisheries Administration Act 1991
14
5 Section 5
15
Before "An", insert "(1)".
16
6 At the end of section 5
17
Add:
18
Note:
The Authority does not have a legal identity separate from the
19
Commonwealth.
20
(2) The Authority consists of:
21
(a) the CEO; and
22
(b) the Commission; and
23
(c) the AFMA staff members.
24
7 Subsection 8(1)
25
Omit "(1)".
26
8 At the end of subsection 8(1)
27
Add:
28
Corporate status of bodies Schedule 5
Bodies ceasing to be bodies corporate Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
55
Note:
The CEO may enter into contracts and other arrangements on behalf
1
of the Commonwealth. See section 23 of the Public Governance,
2
Performance and Accountability Act 2013.
3
9 Subsections 8(2) and (3)
4
Repeal the subsections.
5
10 Sections 10 and 10A
6
Repeal the sections.
7
11 Subsection 92(1)
8
Omit ", by writing under the seal of the Authority,", substitute ", in
9
writing,".
10
12 Section 94A
11
Repeal the section.
12
13 At the end of Division 9 of Part 2
13
Add:
14
94F Proceedings in the name of the Authority
15
(1) Proceedings brought by the Commonwealth in relation to the
16
functions or powers of the Authority may be brought in the name
17
of the Authority.
18
(2) Proceedings brought against the Commonwealth in relation to the
19
functions or powers of the Authority may be brought against the
20
Commonwealth in the name of the Authority.
21
Great Barrier Reef Marine Park Act 1975
22
14 Subsection 8(1)
23
Repeal the subsection, substitute:
24
(1) The Authority may do all things that are necessary or convenient to
25
be done for or in connection with the performance of its functions.
26
Note:
The Chairperson may enter into contracts and other arrangements on
27
behalf of the Commonwealth. See section 23 of the Public
28
Governance, Performance and Accountability Act 2013.
29
Schedule 5 Corporate status of bodies
Part 1 Bodies ceasing to be bodies corporate
56
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
15 Subsections 8(4) to (8)
1
Repeal the subsections.
2
16 Section 8A
3
Repeal the section.
4
17 Section 9
5
Repeal the section.
6
18 Subsections 47(1) and (2)
7
Omit ", by writing under its common seal,", substitute ", in writing,".
8
19 Division 3 of Part VII
9
Repeal the Division.
10
20 Section 61B (heading)
11
Repeal the heading, substitute:
12
61B Liability for expenses incurred by the Commonwealth resulting
13
from contravention of this Act
14
21 Paragraph 61B(1)(b)
15
Omit "or the Authority".
16
22 Subsection 61B(1)
17
Omit "or to the Authority".
18
23 Subsection 61B(1)
19
Omit "or to the Authority, as the case requires,".
20
24 Paragraph 61B(1A)(b)
21
Omit "or the Authority".
22
25 Subsection 61B(1A)
23
Omit "or to the Authority, as the case requires,".
24
Corporate status of bodies Schedule 5
Bodies ceasing to be bodies corporate Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
57
26 Subsection 61B(1A)
1
Omit "or the Authority" (last occurring).
2
27 Subsection 61B(2)
3
Omit "or to the Authority, as the case requires,".
4
28 Paragraphs 61B(3)(a) and (b)
5
Omit "or the Authority".
6
29 Subsection 61B(4)
7
Omit "or to the Authority, as the case requires,".
8
30 Subsection 61C(1)
9
Omit "or the Authority, as the case requires".
10
31 Subsection 61C(2)
11
Omit "or the Authority, as the case requires,".
12
32 Subsections 61C(3) and (4)
13
Omit "or the Authority, as the case requires".
14
33 After section 64A
15
Insert:
16
64B Proceedings in the name of the Authority
17
(1) Proceedings brought by the Commonwealth in relation to the
18
functions or powers of the Authority may be brought in the name
19
of the Authority.
20
(2) Proceedings brought against the Commonwealth in relation to the
21
functions or powers of the Authority may be brought against the
22
Commonwealth in the name of the Authority.
23
National Environment Protection Council Act 1994
24
34 Subsection 6(1) (definition of Finance Minister)
25
Repeal the definition.
26
Schedule 5 Corporate status of bodies
Part 1 Bodies ceasing to be bodies corporate
58
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
35 Subsection 6(1) (definition of NEPC Service Corporation)
1
Repeal the definition.
2
36 Subsection 6(1) (definition of Service Corporation)
3
Repeal the definition.
4
37 Paragraph 13(h)
5
Omit "Service Corporation", substitute "NEPC Executive Officer".
6
38 Part 5 (heading)
7
Repeal the heading, substitute:
8
Part 5--NEPC Executive Officer and staff
9
39 Division 1 of Part 5
10
Repeal the Division.
11
40 Division 2 of Part 5 (heading)
12
Repeal the heading.
13
41 Section 40
14
Repeal the section, substitute:
15
40 Functions of the NEPC Executive Officer
16
The functions of the NEPC Executive Officer are:
17
(a) to provide assistance and support to the Council, the NEPC
18
Committee and any other committee established under
19
section 33; and
20
(b) to provide assistance and support to other Ministerial
21
Councils as directed by the Council; and
22
(c) to do anything incidental or conducive to the performance of
23
the function referred to in paragraph (a) or (b).
24
42 Subsection 41(1)
25
Omit "conduct of the affairs of the Service Corporation", substitute
26
"performance of the Executive Officer's functions".
27
Corporate status of bodies Schedule 5
Bodies ceasing to be bodies corporate Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
59
43 Subsection 42(3)
1
Repeal the subsection.
2
44 Subsection 42(4)
3
Omit ", other than subsection (3),".
4
45 Division 3 of Part 5
5
Repeal the Division.
6
46 Part 6
7
Repeal the Part, substitute:
8
Part 6--National Environment Protection Council
9
Special Account
10
11
53 Name of Account
12
(1) The National Environment Protection Council Special Account is
13
established by this section.
14
(2) The Account is a special account for the purposes of the Public
15
Governance, Performance and Accountability Act 2013.
16
54 Credits to the Account
17
There must be credited to the Account amounts equal to the
18
following:
19
(a) amounts received by the Commonwealth from the States or
20
Territories for the purposes of the Account;
21
(b) amounts appropriated by the Parliament for the purposes of
22
the Account;
23
(c) amounts received by the Commonwealth in relation to
24
performing any functions, or exercising any of the Council's
25
powers, under this Act;
26
(d) amounts of any gifts given or bequests made for the purposes
27
of the Account;
28
Schedule 5 Corporate status of bodies
Part 1 Bodies ceasing to be bodies corporate
60
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(e) interest received by the Commonwealth from the investment
1
of amounts debited from the Account;
2
(f) amounts received by the Commonwealth in relation to
3
property paid for with amounts debited from the Account.
4
Note:
An Appropriation Act may contain a provision to the effect that, if any
5
of the purposes of a special account is a purpose that is covered by an
6
item in the Appropriation Act (whether or not the item expressly refers
7
to the special account), then amounts may be debited against the
8
appropriation for that item and credited to that special account.
9
55 Purposes of the Account
10
(1) The purposes of the Account are as follows:
11
(a) paying or discharging the costs, expenses and other
12
obligations incurred by the Commonwealth in the
13
performance of the functions of:
14
(i) the Council; or
15
(ii) the NEPC Committee; or
16
(iii) any other committee established under section 33;
17
(b) either:
18
(i) paying grants for amounts consistent with the aim of
19
people enjoying the benefit of equivalent protection
20
from air, water or soil pollution and from noise,
21
wherever they live in Australia; or
22
(ii) paying or discharging the costs, expenses and other
23
obligations incurred by the Commonwealth in
24
undertaking projects with that aim;
25
whether or not the grants or projects relate to a national
26
environment protection measure or proposed national
27
environment protection measure;
28
(c) paying any remuneration and allowances payable to any
29
person under this Act;
30
(d) meeting the expenses of administering the Account;
31
(e) paying amounts that are required or permitted to be repaid
32
under this Act;
33
(f) paying for activities that are incidental to the purposes
34
mentioned in paragraphs (a) to (e).
35
Note:
See section 80 of the Public Governance, Performance and
36
Accountability Act 2013 (which deals with special accounts).
37
Corporate status of bodies Schedule 5
Bodies ceasing to be bodies corporate Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
61
(2) However, the purposes of the Account referred to in
1
paragraph (1)(b) are limited to:
2
(a) purposes related to external affairs, including:
3
(i) purposes related to giving effect to an international
4
agreement to which Australia is a party; and
5
(ii) purposes related to addressing matters of international
6
concern; and
7
(b) purposes related to a Territory; and
8
(c) purposes related to the executive power of the
9
Commonwealth; and
10
(d) purposes related to matters that are peculiarly adapted to the
11
government of a nation, and that cannot otherwise be carried
12
on for the benefit of the nation; and
13
(e) purposes related to matters incidental to the purposes referred
14
to in paragraphs (a) to (d).
15
47 Transitional
--transferring money of the NEPC Service
16
Corporation to the special account
17
There must be credited to the National Environment Protection Council
18
Special Account an amount equal to the sum of all amounts held by the
19
NEPC Service Corporation immediately before the commencement of
20
this item.
21
Note:
On commencement, these amounts vest in the Commonwealth under item 56 of this
22
Schedule.
23
48 Section 60
24
Omit ", the NEPC Service Corporation".
25
49 Subsection 61(1)
26
Omit ", the Service Corporation".
27
Telecommunications Universal Service Management Agency
28
Act 2012
29
50 Section 31 (note)
30
Repeal the note, substitute:
31
Schedule 5 Corporate status of bodies
Part 1 Bodies ceasing to be bodies corporate
62
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note 1:
TUSMA does not have a legal identity separate from the
1
Commonwealth.
2
Note 2:
In this Act, TUSMA means the Telecommunications Universal
3
Service Management Agency--see section 4.
4
51 Sections 33 and 34
5
Repeal the sections, substitute:
6
33 Powers of TUSMA
7
TUSMA has power to do all things necessary or convenient to be
8
done for or in connection with the performance of its functions.
9
52 Division 2 of Part 3 (heading)
10
Repeal the heading, substitute:
11
Division 2--Membership of TUSMA
12
53 Subdivision A of Division 2 of Part 3
13
Repeal the Subdivision.
14
54 Subdivision B of Division 2 of Part 3 (heading)
15
Repeal the heading.
16
Corporate status of bodies Schedule 5
Transitional provisions for bodies ceasing to be bodies corporate Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
63
Part 2
--Transitional provisions for bodies ceasing to
1
be bodies corporate
2
Division 1
--Introduction
3
55 Definitions
4
In this Part:
5
asset means:
6
(a) any legal or equitable estate or interest in real or personal
7
property, whether actual, contingent or prospective; and
8
(b) any right, power, privilege or immunity, whether actual,
9
contingent or prospective.
10
commencement day means the day on which this Schedule commences.
11
decorporatised body means:
12
(a) the Australian Communications and Media Authority; or
13
(b) the Australian Fisheries Management Authority; or
14
(c) the Great Barrier Reef Marine Park Authority; or
15
(d) the NEPC Service Corporation; or
16
(e) the Telecommunications Universal Service Management
17
Agency.
18
instrument includes:
19
(a) a contract, deed, undertaking, arrangement or agreement; and
20
(b) a notice, authority, order or instruction; and
21
(c) regulations; and
22
(d) an instrument made under an Act or regulations;
23
but does not include an Act.
24
land means any legal or equitable estate or interest in real property,
25
whether actual, contingent or prospective.
26
liability means any liability, duty or obligation, whether actual,
27
contingent or prospective.
28
responsible Minister has the meaning given by subitem 58(3).
29
Schedule 5 Corporate status of bodies
Part 2 Transitional provisions for bodies ceasing to be bodies corporate
64
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Division 2
--General transitional provisions
1
56 Assets and liabilities
2
(1)
On the commencement day, the assets and liabilities of a decorporatised
3
body cease to be assets and liabilities of the body and become assets
4
and liabilities of the Commonwealth.
5
(2)
The Commonwealth becomes the successor in law in relation to those
6
assets and liabilities.
7
(3)
If an instrument in force immediately before the commencement day:
8
(a) contains a reference to a decorporatised body; and
9
(b) relates to an asset or liability of the body that, under this
10
item, becomes an asset or liability of the Commonwealth;
11
the instrument has effect on and after that day as if the reference were a
12
reference to the Commonwealth.
13
(4)
Subitem (3) does not apply to an instrument that is part of, or associated
14
with a register referred to in item 58.
15
(5)
Subitem (3) does not, by implication, prevent the instrument from being
16
varied or terminated after that day.
17
57 Legal proceedings
18
If, immediately before the commencement day, a decorporatised body
19
was a party to proceedings pending in any court or tribunal, the
20
Commonwealth is substituted for the body as a party to the proceedings
21
on and after that day.
22
58 Certificates relating to vesting of assets
23
(1)
If land vests in the Commonwealth under this Part and the Minister, or
24
the responsible Minister for the land, signs a certificate that:
25
(a) identifies the land, whether by reference to a map or
26
otherwise; and
27
(b) states that the land has become vested in the Commonwealth
28
under this Part; and
29
(c) is lodged with the Registrar of Titles or other proper officer
30
of the State or Territory in which the land is situated;
31
Corporate status of bodies Schedule 5
Transitional provisions for bodies ceasing to be bodies corporate Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
65
the Registrar or other officer may:
1
(d) register the matter in a way that is the same as, or similar to,
2
the way in which dealings in land of that kind are registered;
3
and
4
(e) deal with, and give effect to, the certificate.
5
(2)
If an asset vests in the Commonwealth under this Part and the Minister,
6
or the responsible Minister for the asset, signs a certificate that:
7
(a) identifies the asset; and
8
(b) states that the asset has become vested in the Commonwealth
9
under this Part; and
10
(c) is lodged with the person or authority who, under a law of the
11
Commonwealth, a State or a Territory, under a trust
12
instrument or otherwise, has responsibility for keeping a
13
register in relation to assets of that kind;
14
the person or authority may:
15
(d) deal with, and give effect to, the certificate as if it were a
16
proper and appropriate instrument for transactions in relation
17
to assets of that kind; and
18
(e) make such entries in the register as are necessary, having
19
regard to the effect of this Part.
20
(3)
The responsible Minister, for land or another asset, is the Minister who
21
is the responsible Minister (within the meaning of the Public
22
Governance, Performance and Accountability Act 2013) for the
23
decorporatised body that held the land or other asset immediately before
24
the commencement day.
25
(4)
A Minister may, by writing, delegate all or any of his or her powers
26
under this item to:
27
(a) the Secretary of the Department administered by that
28
Minister; or
29
(b) an SES employee, or acting SES employee, in that
30
Department.
31
In exercising powers under a delegation, the delegate must comply with
32
any directions of that Minister.
33
(5)
A document that appears to be a certificate made under this item is
34
taken, unless the contrary is established, to be such a certificate and to
35
have been properly made.
36
Schedule 5 Corporate status of bodies
Part 2 Transitional provisions for bodies ceasing to be bodies corporate
66
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(6)
A certificate made under this item is not a legislative instrument.
1
59 Employees
2
(1)
If a person was an employee of a decorporatised body immediately
3
before the commencement of this Schedule, and that employment was
4
not employment on behalf of the Commonwealth:
5
(a) the person is taken, when this Schedule commences, to be
6
employed under this Act as an employee of the
7
Commonwealth without change to the terms and conditions
8
of his or her employment; and
9
(b) the person's service as an employee of the decorporatised
10
body is taken, for all purposes, to be continuous with his or
11
her service as an employee of the Commonwealth.
12
(2)
Paragraph (1)(a) does not apply if a determination is made under
13
section 72 of the Public Service Act 1999 that causes the person, when
14
this Schedule commences, to become engaged under that Act as an
15
employee of the Commonwealth.
16
60 Contracts etc.
17
If a contract, agreement, arrangement or understanding, entered into by
18
a decorporatised body, was in force immediately before the
19
commencement day, it has effect, on and after that day, as if the
20
Commonwealth had entered into it.
21
61 Exemption from stamp duty etc.
22
No stamp duty or other tax is payable under a law of a State or Territory
23
in respect of the following, or anything connected with the following:
24
(a) the transfer of an asset or liability under this Part;
25
(b) the operation of this Part in any other respect.
26
Division 3
--Miscellaneous
27
62 Compensation for acquisition of property
28
(1)
If the operation of this Part would result in an acquisition of property
29
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
30
person otherwise than on just terms (within the meaning of that
31
Corporate status of bodies Schedule 5
Transitional provisions for bodies ceasing to be bodies corporate Part 2
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
67
paragraph), the Commonwealth is liable to pay a reasonable amount of
1
compensation to the person.
2
(2)
If the Commonwealth and the person do not agree on the amount of the
3
compensation, the person may institute proceedings in a court of
4
competent jurisdiction for the recovery from the Commonwealth of
5
such reasonable amount of compensation as the court determines.
6
Schedule 5 Corporate status of bodies
Part 3 APVMA continuing as a body corporate
68
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part 3
--APVMA continuing as a body corporate
1
Agricultural and Veterinary Chemicals (Administration) Act
2
1992
3
63 Subsection 7(3) (note)
4
Repeal the note.
5
64 Sections 7AA and 7AB
6
Repeal the sections.
7
65 Division 1 of Part 7
8
Repeal the Division, substitute:
9
Division 1--Finance
10
58 Money payable to the APVMA
11
(1) The Commonwealth must pay to the APVMA amounts equal to:
12
(a) such money as is appropriated by the Parliament for the
13
purposes of the APVMA; and
14
(b) fees received by the Commonwealth under this Act, the
15
Agvet Codes or the Agvet Regulations; and
16
(c) any amounts of levy, late payment penalty or understatement
17
penalty paid to the Commonwealth under any Act providing
18
for the collection of a levy imposed in respect of the disposal
19
of chemical products; and
20
(d) any amounts paid by a State or a participating Territory to the
21
Commonwealth for the purposes of the APVMA.
22
(2) The Finance Minister may give directions about the amounts in
23
which, and the times at which, money payable under
24
paragraph (1)(a) is to be paid to the APVMA.
25
(3) If a direction under subsection (2) is given in writing, the direction
26
is not a legislative instrument.
27
Corporate status of bodies Schedule 5
APVMA continuing as a body corporate Part 3
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
69
(4) If an amount referred to in any of paragraphs (1)(b) to (d) is
1
refunded by the Commonwealth, the APVMA must pay to the
2
Commonwealth an amount equal to the refund.
3
(5) The Minister may, on behalf of the Commonwealth, set off an
4
amount payable by the APVMA under subsection (4) against an
5
amount that is payable to the APVMA under subsection (1).
6
(6) Amounts payable under paragraphs (1)(b) to (d) are to be paid out
7
of the Consolidated Revenue Fund, which is appropriated
8
accordingly.
9
(7) In this section:
10
Finance Minister means the Minister administering the Public
11
Governance, Performance and Accountability Act 2013.
12
59 Application of money by the APVMA
13
(1) The money of the APVMA is to be applied only:
14
(a) in payment or discharge of the costs, expenses and other
15
obligations incurred by the APVMA in the performance of its
16
functions and the exercise of its powers; and
17
(b) in payment of any remuneration or allowances payable under
18
this Act; and
19
(c) in making any other payments that the APVMA is authorised
20
or required to make by or under any law of the
21
Commonwealth, a State or a Territory that confers functions
22
or powers on the APVMA.
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 the
26
APVMA.
27
66 Transitional
--transferring balance of the special account
28
(1)
The Commonwealth must pay to the APVMA an amount equal to the
29
balance of the Australian Pesticides and Veterinary Medicines Special
30
Account immediately before the commencement of this item.
31
Schedule 5 Corporate status of bodies
Part 3 APVMA continuing as a body corporate
70
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2)
An amount payable under subitem (1) is to be paid out of the
1
Consolidated Revenue Fund, which is appropriated accordingly.
2
Corporate status of bodies Schedule 5
Other bodies continuing as bodies corporate Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
71
Part 4
--Other bodies continuing as bodies corporate
1
Australian Human Rights Commission Act 1986
2
67 Subsections 7(4), (5) and (6)
3
Repeal the subsections.
4
68 At the end of section 8A
5
Add:
6
(4) For the purposes of the Public Governance, Performance and
7
Accountability Act 2013, the President is the accountable authority
8
of the Commission.
9
69 After section 44
10
Insert:
11
44A Money payable to the Commission
12
(1) There is payable to the Commission such money as is appropriated
13
by the Parliament for the purposes of the Commission.
14
(2) The Finance Minister may give directions about the amounts in
15
which, and the times at which, money payable under subsection (1)
16
is to be paid to the Commission.
17
(3) If a direction under subsection (2) is given in writing, the direction
18
is not a legislative instrument.
19
(4) In this section:
20
Finance Minister means the Minister administering the Public
21
Governance, Performance and Accountability Act 2013.
22
44B Application of money by the Commission
23
(1) The money of the Commission is to be applied only:
24
Schedule 5 Corporate status of bodies
Part 4 Other bodies continuing as bodies corporate
72
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(a) in payment or discharge of the costs, expenses and other
1
obligations incurred by the Commission in the performance
2
of its functions and the exercise of its powers; and
3
(b) in payment of any remuneration or allowances payable under
4
this Act.
5
(2) Subsection (1) does not prevent investment, under section 59 of the
6
Public Governance, Performance and Accountability Act 2013, of
7
money that is not immediately required for the purposes of the
8
Commission.
9
44C Taxation
10
The Commission is not subject to taxation under a law of the
11
Commonwealth or of a State or Territory.
12
Note:
However, the Commission may be subject to taxation under certain
13
laws (see, for example, section 177-5 of the A New Tax System (Goods
14
and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax
15
Assessment Act 1986).
16
National Health Reform Act 2011
17
70 Subsections 67(3) to (7)
18
Repeal the subsections.
19
71 Section 68
20
Repeal the section.
21
72 At the end of section 92
22
Add:
23
(4) For the purposes of the Public Governance, Performance and
24
Accountability Act 2013, the Performance Authority CEO is the
25
accountable authority of the Performance Authority.
26
73 After Part 3.11
27
Insert:
28
Corporate status of bodies Schedule 5
Other bodies continuing as bodies corporate Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
73
Part 3.11A--Finance
1
2
112A Money payable to the Performance Authority
3
(1) There is payable to the Performance Authority such money as is
4
appropriated by the Parliament for the purposes of the Performance
5
Authority.
6
(2) The Finance Minister may give directions about the amounts in
7
which, and the times at which, money payable under subsection (1)
8
is to be paid to the Performance Authority.
9
(3) If a direction under subsection (2) is given in writing, the direction
10
is not a legislative instrument.
11
(4) In this section:
12
Finance Minister means the Minister administering the Public
13
Governance, Performance and Accountability Act 2013.
14
112B Application of money by the Performance Authority
15
(1) The money of the Performance Authority is to be applied only:
16
(a) in payment or discharge of the costs, expenses and other
17
obligations incurred by the Performance Authority in the
18
performance of its functions and the exercise of its powers;
19
and
20
(b) in payment of any remuneration or allowances payable under
21
this Act.
22
(2) Subsection (1) does not prevent investment, under section 59 of the
23
Public Governance, Performance and Accountability Act 2013, of
24
money that is not immediately required for the purposes of the
25
Performance Authority.
26
112C Taxation
27
The Performance Authority is not subject to taxation under a law
28
of the Commonwealth or of a State or Territory.
29
Note:
However, the Performance Authority may be subject to taxation under
30
certain laws (see, for example, section 177-5 of the A New Tax System
31
Schedule 5 Corporate status of bodies
Part 4 Other bodies continuing as bodies corporate
74
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(Goods and Services Tax) Act 1999 and section 66 of the Fringe
1
Benefits Tax Assessment Act 1986).
2
74 Subsections 135(3) to (7)
3
Repeal the subsections.
4
75 Section 136
5
Repeal the section.
6
76 At the end of section 163
7
Add:
8
(4) For the purposes of the Public Governance, Performance and
9
Accountability Act 2013, the Pricing Authority CEO is the
10
accountable authority of the Pricing Authority.
11
77 After Part 4.13
12
Insert:
13
Part 4.13A--Finance
14
15
212A Money payable to the Pricing Authority
16
(1) There is payable to the Pricing Authority such money as is
17
appropriated by the Parliament for the purposes of the Pricing
18
Authority.
19
(2) The Finance Minister may give directions about the amounts in
20
which, and the times at which, money payable under subsection (1)
21
is to be paid to the Pricing Authority.
22
(3) If a direction under subsection (2) is given in writing, the direction
23
is not a legislative instrument.
24
(4) In this section:
25
Finance Minister means the Minister administering the Public
26
Governance, Performance and Accountability Act 2013.
27
Corporate status of bodies Schedule 5
Other bodies continuing as bodies corporate Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
75
212B Application of money by the Pricing Authority
1
(1) The money of the Pricing Authority is to be applied only:
2
(a) in payment or discharge of the costs, expenses and other
3
obligations incurred by the Pricing Authority in the
4
performance of its functions and the exercise of its powers;
5
and
6
(b) in payment of any remuneration or allowances payable under
7
this Act.
8
(2) Subsection (1) does not prevent investment, under section 59 of the
9
Public Governance, Performance and Accountability Act 2013, of
10
money that is not immediately required for the purposes of the
11
Pricing Authority.
12
212C Taxation
13
The Pricing Authority is not subject to taxation under a law of the
14
Commonwealth or of a State or Territory.
15
Note:
However, the Pricing Authority may be subject to taxation under
16
certain laws (see, for example, section 177-5 of the A New Tax System
17
(Goods and Services Tax) Act 1999 and section 66 of the Fringe
18
Benefits Tax Assessment Act 1986).
19
Offshore Petroleum and Greenhouse Gas Storage Act 2006
20
78 Subsection 571(2) (paragraph (b) of the examples)
21
After "a debt due to the Commonwealth,", insert "NOPSEMA,".
22
79 Subsection 571(2) (paragraph (b) of the examples)
23
Omit "NOPSEMA on behalf of the Commonwealth, or to".
24
80 Paragraphs 572D(3)(a) and (b)
25
Omit "on behalf of the Commonwealth".
26
81 Paragraph 589(4)(a)
27
Omit "the Commonwealth", substitute "NOPSEMA".
28
Schedule 5 Corporate status of bodies
Part 4 Other bodies continuing as bodies corporate
76
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
82 Paragraph 589(5)(a)
1
Omit "the Commonwealth", substitute "NOPSEMA".
2
83 Subsections 648(3) and (4)
3
Repeal the subsections.
4
84 Subparagraph 650(2)(c)(ii)
5
Omit ", on behalf of the Commonwealth,".
6
85 At the end of section 666
7
Add:
8
(3) For the purposes of the Public Governance, Performance and
9
Accountability Act 2013, the CEO is the accountable authority of
10
NOPSEMA.
11
86 At the end of section 667
12
Add:
13
(5) To avoid doubt, the CEO is not subject to direction by the Board in
14
relation to the CEO's performance of functions, or exercise of
15
powers, under the following Acts in relation to NOPSEMA:
16
(a) the Public Governance, Performance and Accountability Act
17
2013;
18
(b) the Public Service Act 1999.
19
87 Subsection 677(1)
20
Omit ", on behalf of the Commonwealth,".
21
88 Division 7 of Part 6.9
22
Repeal the Division, substitute:
23
Division 7--NOPSEMA's finances
24
682 Commonwealth payments to NOPSEMA
25
(1) The Commonwealth must pay to NOPSEMA amounts equal to:
26
Corporate status of bodies Schedule 5
Other bodies continuing as bodies corporate Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
77
(a) such money as is appropriated by the Parliament for the
1
purposes of NOPSEMA; and
2
(b) the following amounts paid to NOPSEMA on behalf of the
3
Commonwealth:
4
(i) amounts paid by way of safety investigation levy
5
imposed by the Regulatory Levies Act;
6
(ii) amounts paid by way of late payment penalty under
7
subsection 686(2); and
8
(c) the following amounts paid to NOPSEMA on behalf of the
9
Commonwealth:
10
(i) amounts paid by way of safety case levy imposed by the
11
Regulatory Levies Act;
12
(ii) amounts paid by way of late payment penalty under
13
subsection 687(4); and
14
(d) the following amounts paid to NOPSEMA on behalf of the
15
Commonwealth:
16
(i) amounts paid by way of well investigation levy imposed
17
by the Regulatory Levies Act;
18
(ii) amounts paid by way of late payment penalty under
19
subsection 688(2); and
20
(e) the following amounts paid to NOPSEMA on behalf of the
21
Commonwealth:
22
(i) amounts paid by way of annual well levy imposed by
23
the Regulatory Levies Act;
24
(ii) amounts paid by way of late payment penalty under
25
subsection 688A(2); and
26
(f) the following amounts paid to NOPSEMA on behalf of the
27
Commonwealth:
28
(i) amounts paid by way of well activity levy imposed by
29
the Regulatory Levies Act;
30
(ii) amounts paid by way of late payment penalty under
31
subsection 688B(2); and
32
(g) the following amounts paid to NOPSEMA on behalf of the
33
Commonwealth:
34
(i) amounts paid by way of environment plan levy imposed
35
by the Regulatory Levies Act;
36
(ii) amounts paid by way of late payment penalty under
37
subsection 688C(2); and
38
Schedule 5 Corporate status of bodies
Part 4 Other bodies continuing as bodies corporate
78
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(h) any other amounts paid to NOPSEMA, on behalf of the
1
Commonwealth, by a State or the Northern Territory; and
2
(i) any other amounts paid to NOPSEMA on behalf of the
3
Commonwealth.
4
(2) The Finance Minister may give directions about the amounts in
5
which, and the times at which, money payable under
6
paragraph (1)(a) is to be paid to NOPSEMA.
7
(3) If a direction under subsection (2) is given in writing, the direction
8
is not a legislative instrument.
9
(4) If an amount referred to in any of paragraphs (1)(b) to (i) is
10
refunded by the Commonwealth, NOPSEMA must pay to the
11
Commonwealth an amount equal to the refund.
12
(5) The responsible Commonwealth Minister may, on behalf of the
13
Commonwealth, set off an amount payable by NOPSEMA under
14
subsection (4) against an amount that is payable to NOPSEMA
15
under subsection (1).
16
(6) Amounts payable under paragraphs (1)(b) to (i) are to be paid out
17
of the Consolidated Revenue Fund, which is appropriated
18
accordingly.
19
(7) In this section:
20
Finance Minister means the Minister administering the Public
21
Governance, Performance and Accountability Act 2013.
22
683 Application of money by NOPSEMA
23
(1) The money of NOPSEMA is to be applied only:
24
(a) in payment or discharge of the costs, expenses and other
25
obligations incurred by NOPSEMA in the performance of its
26
functions and the exercise of its powers; and
27
(b) in payment of any remuneration or allowances payable under
28
this Act.
29
(2) Subsection (1) does not prevent investment, under section 59 of the
30
Public Governance, Performance and Accountability Act 2013, of
31
Corporate status of bodies Schedule 5
Other bodies continuing as bodies corporate Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
79
money that is not immediately required for the purposes of
1
NOPSEMA.
2
89 Transitional
--transferring balance of the special account
3
(1)
The Commonwealth must pay to NOPSEMA an amount equal to the
4
balance of the National Offshore Petroleum Safety and Environmental
5
Management Authority Special Account immediately before the
6
commencement of this item.
7
(2)
An amount payable under subitem (1) is to be paid out of the
8
Consolidated Revenue Fund, which is appropriated accordingly.
9
90 Subsection 685(1)
10
Omit ", on behalf of the Commonwealth,".
11
91 Paragraph 685(3)(a)
12
Omit "on behalf of the Commonwealth".
13
92 Paragraph 685(3)(b)
14
Omit ", on behalf of the Commonwealth,".
15
Water Act 2007
16
93 Subsection 4(1) (definition of Murray-Darling Basin
17
Special Account)
18
Repeal the definition, substitute:
19
Murray-Darling Basin Special Account means the fund
20
mentioned in section 209.
21
94 Subsections 173(3), (4) and (5)
22
Repeal the subsections.
23
95 Section 174
24
Repeal the section, substitute:
25
Schedule 5 Corporate status of bodies
Part 4 Other bodies continuing as bodies corporate
80
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
174 Amounts payable by the Commonwealth
1
(1) The Commonwealth must pay to the Authority, for the purposes of
2
the Murray-Darling Basin Special Account, an amount equal to any
3
amount paid by the Authority in discharging any liability of the
4
Authority arising:
5
(a) from an act or omission in the bona fide execution of the
6
powers vested in the Authority by or under the Agreement; or
7
(b) because of the operation of section 239F, 239J or 239K
8
(about transitional matters relating to the Murray-Darling
9
Basin Commission).
10
(2) For the purposes of the Agreement, treat a payment by the
11
Commonwealth under subsection (1) as a payment made in respect
12
of losses or costs incurred by the Commonwealth arising:
13
(a) if the payment relates to a liability of the Authority arising as
14
described in paragraph (1)(a)--as described in
15
paragraph (1)(a); or
16
(b) if the payment relates to a liability of the Authority arising as
17
described in paragraph (1)(b)--as described in
18
paragraph (1)(b).
19
(3) Amounts payable under subsection (1) are to be paid out of the
20
Consolidated Revenue Fund, which is appropriated accordingly.
21
96 At the end of subsection 176(1)
22
Add:
23
Note:
The Public Governance, Performance and Accountability Act 2013
24
applies to the Authority. That Act deals with matters relating to
25
corporate Commonwealth entities, including reporting and the use and
26
management of public resources.
27
97 Subdivision A of Division 5 of Part 9
28
Repeal the Subdivision, substitute:
29
Corporate status of bodies Schedule 5
Other bodies continuing as bodies corporate Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
81
Subdivision A--Murray-Darling Basin Special Account
1
209 Murray-Darling Basin Special Account
2
(1) The Authority must establish and maintain a fund to be known as
3
the Murray-Darling Basin Special Account (the Account).
4
(2) The Account is not a special account for the purposes of the Public
5
Governance, Performance and Accountability Act 2013.
6
210 Credits to the Account
7
(1) The Authority must ensure the following are credited to the
8
Account:
9
(a) such money as is appropriated by the Parliament for the
10
purposes of the Authority, and paid by the Commonwealth to
11
the Authority for the purposes of the Account;
12
(b) amounts paid by a Basin State to the Authority for the
13
purpose of the performance of the Authority's functions;
14
(c) fees paid to the Authority in accordance with section 212;
15
(d) interest received by the Authority from the investment of an
16
amount standing to the credit of the Account;
17
(e) amounts received by the Authority in relation to property
18
paid for with amounts debited from the Account;
19
(f) amounts received by the Authority in relation to assets that
20
vest in the Authority under section 239C;
21
(g) amounts received by the Authority as refunds or repayments
22
of the whole or part of amounts paid by the Murray-Darling
23
Basin Commission before the commencement of Schedule 1
24
to the Water Amendment Act 2008;
25
(h) amounts of any gifts given or bequests made for the purposes
26
of the Account;
27
(i) amounts not otherwise covered by this section that are
28
received by the Authority (otherwise than under Part 8) in
29
connection with the performance of the Authority's functions
30
under this Act or the regulations.
31
(2) The Finance Minister may give directions about the amounts in
32
which, and the times at which, money payable referred to in
33
paragraph (1)(a) is to be paid to the Authority.
34
Schedule 5 Corporate status of bodies
Part 4 Other bodies continuing as bodies corporate
82
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(3) If a direction under subsection (2) is given in writing, the direction
1
is not a legislative instrument.
2
(4) In this section:
3
Finance Minister means the Minister administering the Public
4
Governance, Performance and Accountability Act 2013.
5
211 Purposes of the Account
6
The Authority may cause amounts standing to the credit of the
7
Account to be debited for the following purposes:
8
(a) in payment or discharge of the costs, expenses and other
9
obligations incurred by the Authority in the performance of
10
the Authority's functions;
11
(b) in payment of any remuneration and allowances payable to
12
any person under this Act;
13
(c) meeting the expenses of administering the Account.
14
211A Operation of earlier transitional provision
15
Division 4 of Part 10A (about transitional financial matters) does
16
not apply to this Subdivision.
17
98 Transitional
--transferring balance of the old account
18
(1)
The Commonwealth must pay to the Authority, for the purposes of the
19
Murray-Darling Basin Special Account, an amount equal to the balance
20
of the old special account immediately before the commencement of
21
this item.
22
Note:
The Authority must credit this amount to the new Murray-Darling Basin Special
23
Account mentioned in section 209 of the Water Act 2007 (as amended by this
24
Schedule): see paragraph 210(1)(a) of that Act.
25
(2)
For the purposes of subitem (1), the old special account is the
26
Murray-Darling Basin Special Account in existence under section 209
27
of the Water Act 2007 before the commencement of this item.
28
(3)
An amount payable under subitem (1) is to be paid out of the
29
Consolidated Revenue Fund, which is appropriated accordingly.
30
Corporate status of bodies Schedule 5
Transitional provisions for bodies continuing as bodies corporate Part 5
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
83
Part 5
--Transitional provisions for bodies continuing
1
as bodies corporate
2
Division 1
--Introduction
3
99 Definitions
4
In this Part:
5
asset means:
6
(a) any legal or equitable estate or interest in real or personal
7
property, whether actual, contingent or prospective; and
8
(b) any right, power, privilege or immunity, whether actual,
9
contingent or prospective;
10
but does not include the following:
11
(c) a Living Murray Initiative asset (within the meaning of
12
section 239E of the Water Act 2007);
13
(d) a River Murray Operations asset (within the meaning of
14
section 239D of the Water Act 2007).
15
commencement day means the day on which this Schedule commences.
16
corporatised body means:
17
(a) the Australian Human Rights Commission; or
18
(b) the Australian Pesticides and Veterinary Medicines
19
Authority; or
20
(c) the Independent Hospital Pricing Authority; or
21
(d) the Murray-Darling Basin Authority; or
22
(e) the National Health Performance Authority; or
23
(f) the National Offshore Petroleum Safety and Environmental
24
Management Authority.
25
instrument includes:
26
(a) a contract, deed, undertaking, arrangement or agreement; and
27
(b) a notice, authority, order or instruction; and
28
(c) regulations; and
29
(d) an instrument made under an Act or regulations;
30
but does not include an Act.
31
Schedule 5 Corporate status of bodies
Part 5 Transitional provisions for bodies continuing as bodies corporate
84
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
land means any legal or equitable estate or interest in real property,
1
whether actual, contingent or prospective.
2
liability means any liability, duty or obligation, whether actual,
3
contingent or prospective.
4
responsible Minister has the meaning given by subitem 103(3).
5
Division 2
--General transitional provisions
6
100 Assets and liabilities
7
Become assets and liabilities of the corporatised body
8
(1)
On the commencement day, any asset that, immediately before that day,
9
was held by a corporatised body for and on behalf of the
10
Commonwealth, ceases to be an asset of the Commonwealth and
11
becomes an asset of the corporatised body.
12
(2)
On the commencement day, any asset that, immediately before that day:
13
(a) was held by a corporatised body; and
14
(b) taken to be the property of the Commonwealth;
15
ceases to be an asset of the Commonwealth and becomes an asset of the
16
corporatised body.
17
(3)
On the commencement day, any liability that, immediately before that
18
day:
19
(a) was a liability of a corporatised body; and
20
(b) taken to be a liability of the Commonwealth;
21
ceases to be a liability of the Commonwealth and becomes a liability of
22
the corporatised body.
23
(4)
The corporatised body becomes the successor in law in relation to those
24
assets and liabilities.
25
(5)
To the extent that, immediately before the commencement day, an
26
amount of money held by a corporatised body was part of the
27
Consolidated Revenue Fund:
28
(a) neither subitem (1) nor (2) applies to the amount; and
29
(b) the Commonwealth must pay an equivalent amount to the
30
corporatised body.
31
Corporate status of bodies Schedule 5
Transitional provisions for bodies continuing as bodies corporate Part 5
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
85
An amount payable under this subitem is to be paid out of the
1
Consolidated Revenue Fund, which is appropriated accordingly.
2
Exception
3
(6)
The Minister may, by writing, determine that:
4
(a) subitem (1) or (2), and subitem (4), do not apply in relation to
5
a specified asset; or
6
(b) subitems (3) and (4) do not apply in relation to a specified
7
liability.
8
Note:
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
9
(7)
A determination made under subitem (6) is not a legislative instrument.
10
101 Other transfers of assets and liabilities
11
(1)
This item applies in relation to assets and liabilities of the
12
Commonwealth that relate to a corporatised body, other than assets or
13
liabilities to which item 100 applies.
14
(2)
The Minister may, in writing, make a declaration that:
15
(a) a specified asset or liability vests in the corporatised body at
16
a specified time (that is on or after the commencement day);
17
and
18
(b) the corporatised body becomes the successor in law in
19
relation to that asset or liability at that specified time.
20
Note:
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
21
(3)
A declaration under subitem (2) has effect accordingly.
22
(4)
A declaration under subitem (2) is not a legislative instrument.
23
Assets subject to trust
24
(5)
If, at a particular time, an asset vests in the corporatised body under a
25
declaration under subitem (2) and the asset was, immediately before
26
that time, held by the Commonwealth on trust, that asset is taken, at and
27
after that time, to be held by the corporatised body on trust and subject
28
to the terms of the trust on which the asset was so held by the
29
Commonwealth.
30
Schedule 5 Corporate status of bodies
Part 5 Transitional provisions for bodies continuing as bodies corporate
86
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
102 Legal proceedings
1
(1)
This item applies if:
2
(a) any proceedings to which the Commonwealth was a party
3
were pending in any court or tribunal immediately before the
4
commencement day; and
5
(b) the proceedings:
6
(i) relate to an asset or liability that, as a result of this Part,
7
becomes an asset or liability of the corporatised body;
8
or
9
(ii) otherwise relate to the corporatised body.
10
(2)
The corporatised body is substituted for the Commonwealth, from the
11
commencement day, as a party to the proceedings.
12
(3)
The Minister may, by writing, determine that subitem (2) does not apply
13
in relation to specified proceedings.
14
Note:
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
15
(4)
A determination made under subitem (3) is not a legislative instrument.
16
103 Certificates relating to vesting of assets
17
(1)
If land vests in a corporatised body under this Part and the Minister, or
18
the responsible Minister for the land, signs a certificate that:
19
(a) identifies the land, whether by reference to a map or
20
otherwise; and
21
(b) states that the land has become vested in the corporatised
22
body under this Part; and
23
(c) is lodged with the Registrar of Titles or other proper officer
24
of the State or Territory in which the land is situated;
25
the Registrar or other officer may:
26
(d) register the matter in a way that is the same as, or similar to,
27
the way in which dealings in land of that kind are registered;
28
and
29
(e) deal with, and give effect to, the certificate.
30
(2)
If an asset (other than land) vests in a corporatised body under this Part
31
and the Minister, or the responsible Minister for the asset, signs a
32
certificate that:
33
Corporate status of bodies Schedule 5
Transitional provisions for bodies continuing as bodies corporate Part 5
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
87
(a) identifies the asset; and
1
(b) states that the asset has become vested in the corporatised
2
body under this Part; and
3
(c) is lodged with the person or authority who, under a law of the
4
Commonwealth, a State or a Territory, under a trust
5
instrument or otherwise, has responsibility for keeping a
6
register in relation to assets of that kind;
7
the person or authority may:
8
(d) deal with, and give effect to, the certificate as if it were a
9
proper and appropriate instrument for transactions in relation
10
to assets of that kind; and
11
(e) make such entries in the register as are necessary, having
12
regard to the effect of this Part.
13
(3)
The responsible Minister, for land or another asset, is the Minister who
14
is the responsible Minister (within the meaning of the Public
15
Governance, Performance and Accountability Act 2013) for the
16
corporatised body that held the land or other asset immediately before
17
the commencement day.
18
(4)
A document that appears to be a certificate made under this item is
19
taken, unless the contrary is established, to be such a certificate and to
20
have been properly made.
21
(5)
A certificate made under this item is not a legislative instrument.
22
104 References in certain instruments to the Commonwealth
23
(1)
This item applies if:
24
(a) an instrument was in force immediately before the
25
commencement day; and
26
(b) the instrument contains a reference to the Commonwealth
27
and the reference:
28
(i) relates to an asset or liability that, as a result of this Part,
29
becomes an asset or liability of the corporatised body;
30
or
31
(ii) otherwise relates to the corporatised body; and
32
(c) the instrument is not part of, or associated with, a register
33
referred to in item 103.
34
Schedule 5 Corporate status of bodies
Part 5 Transitional provisions for bodies continuing as bodies corporate
88
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2)
The instrument has effect, from the commencement day, as if the
1
reference to the Commonwealth were a reference to the corporatised
2
body.
3
(3)
The Minister may, by writing, determine that subitem (2) does not apply
4
in relation to a specified reference.
5
Note:
For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
6
(4)
A determination made under subitem (3) is not a legislative instrument.
7
(5)
In this item:
8
enterprise agreement has the same meaning as in the Fair Work Act
9
2009.
10
instrument includes a contract or agreement, but does not include a
11
contract of employment or an enterprise agreement.
12
105 Contracts etc.
13
If a contract, agreement, arrangement or understanding, entered into by
14
a corporatised body on behalf of the Commonwealth, was in force
15
immediately before the commencement day, it has effect, on and after
16
that day, as if the corporatised body had entered into it on the body's
17
own behalf.
18
106 Exemption from stamp duty etc.
19
No stamp duty or other tax is payable under a law of a State or Territory
20
in respect of the following, or anything connected with the following:
21
(a) the transfer of an asset or liability under this Part;
22
(b) the operation of this Part in any other respect.
23
Division 3
--Miscellaneous
24
107 Compensation for acquisition of property
25
(1)
If the operation of this Part would result in an acquisition of property
26
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
27
person otherwise than on just terms (within the meaning of that
28
paragraph), the Commonwealth is liable to pay a reasonable amount of
29
compensation to the person.
30
Corporate status of bodies Schedule 5
Transitional provisions for bodies continuing as bodies corporate Part 5
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
89
(2)
If the Commonwealth and the person do not agree on the amount of the
1
compensation, the person may institute proceedings in a court of
2
competent jurisdiction for the recovery from the Commonwealth of
3
such reasonable amount of compensation as the court determines.
4
108 Delegation by a Minister
5
(1)
A Minister may, by writing, delegate all or any of his or her powers
6
under this Part to:
7
(a) the Secretary of the Department administered by that
8
Minister; or
9
(b) an SES employee, or acting SES employee, in that
10
Department.
11
(2)
In exercising powers under a delegation, the delegate must comply with
12
any directions of that Minister.
13
Schedule 5 Corporate status of bodies
Part 6 Bodies corporate treated as non-corporate for the purposes of the finance law
90
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part 6
--Bodies corporate treated as non-corporate
1
for the purposes of the finance law
2
Australian Prudential Regulation Authority Act 1998
3
109 After subsection 13(1)
4
Insert:
5
(2) However, APRA is taken, for the purposes of the finance law
6
(within the meaning of the Public Governance, Performance and
7
Accountability Act 2013):
8
(a) to be a non-corporate Commonwealth entity, and not to be a
9
corporate Commonwealth entity; and
10
(b) to be a part of the Commonwealth; and
11
(c) not to be a body corporate.
12
Australian Securities and Investments Commission Act 2001
13
110 After subsection 8(1)
14
Insert:
15
(1A) However, ASIC is taken, for the purposes of the finance law
16
(within the meaning of the Public Governance, Performance and
17
Accountability Act 2013):
18
(a) to be a non-corporate Commonwealth entity, and not to be a
19
corporate Commonwealth entity; and
20
(b) to be a part of the Commonwealth; and
21
(c) not to be a body corporate.
22
Competition and Consumer Act 2010
23
111 After subsection 6A(1)
24
Insert:
25
(1A) However, the Commission is taken, for the purposes of the finance
26
law (within the meaning of the Public Governance, Performance
27
and Accountability Act 2013):
28
Corporate status of bodies Schedule 5
Bodies corporate treated as non-corporate for the purposes of the finance law Part 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
91
(a) to be a non-corporate Commonwealth entity, and not to be a
1
corporate Commonwealth entity; and
2
(b) to be a part of the Commonwealth; and
3
(c) not to be a body corporate.
4
112 At the end of section 44AE
5
Add:
6
(3) However, the AER is taken, for the purposes of the finance law
7
(within the meaning of the Public Governance, Performance and
8
Accountability Act 2013):
9
(a) not to be a corporate Commonwealth entity; and
10
(b) to be a part of the Commonwealth, and a part of the
11
Commission; and
12
(c) not to be a body corporate.
13
Schedule 6 Listed entities
92
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 6
--Listed entities
1
2
Administrative Appeals Tribunal Act 1975
3
1 After Division 1 of Part IIIA
4
Insert:
5
Division 1A--Application of the finance law
6
24BA Application of the finance law
7
For the purposes of the finance law (within the meaning of the
8
Public Governance, Performance and Accountability Act 2013):
9
(a) the following group of persons is a listed entity:
10
(i) the Registrar;
11
(ii) the District Registrars, Conference Registrars, Deputy
12
Registrars and staff of the Tribunal referred to in
13
subsection 24N(1); and
14
(b) the listed entity is to be known as the Administrative Appeals
15
Tribunal; and
16
(c) the Registrar is the accountable authority of the listed entity;
17
and
18
(d) the persons referred to in paragraph (a) are officials of the
19
listed entity; and
20
(e) the purposes of the listed entity include the Registrar's
21
function to assist the President in the management of the
22
administrative affairs of the Tribunal (see section 24B).
23
Archives Act 1983
24
2 After subsection 5(1)
25
Insert:
26
(1A) For the purposes of the finance law (within the meaning of the
27
Public Governance, Performance and Accountability Act 2013):
28
(a) the Archives is a listed entity; and
29
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
93
(b) the Director-General is the accountable authority of the
1
Archives; and
2
(c) the following persons are officials of the Archives:
3
(i) the Director-General;
4
(ii) the staff of the Archives referred to in section 9; and
5
(d) the purposes of the Archives include the functions of the
6
Archives referred to in subsection (2).
7
3 Subsection 5(2)
8
Omit "National Archives of Australia", substitute "Archives".
9
Asbestos Safety and Eradication Agency Act 2013
10
4 After Part 5
11
Insert:
12
Part 5A--Application of the finance law
13
14
41F Application of the finance law
15
For the purposes of the finance law (within the meaning of the
16
Public Governance, Performance and Accountability Act 2013):
17
(a) the following combination of bodies is a listed entity:
18
(i) the Agency;
19
(ii) the Asbestos Safety and Eradication Council; and
20
(b) the listed entity is to be known as the Asbestos Safety and
21
Eradication Agency; and
22
(c) the CEO is the accountable authority of the listed entity; and
23
(d) the following persons are officials of the listed entity:
24
(i) the CEO;
25
(ii) the members of a committee established under
26
section 24;
27
(iii) the staff of the Agency;
28
(iv) consultants engaged under section 26;
29
(v) persons whose services are made available to the
30
Agency under section 27;
31
Schedule 6 Listed entities
94
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(vi) the Council members;
1
(vii) the members of a committee established under
2
section 30A; and
3
(e) the purposes of the listed entity include:
4
(i) the functions of the Agency referred to in section 8; and
5
(ii) the functions of the CEO referred to in section 11; and
6
(iii) the functions of the Asbestos Safety and Eradication
7
Council referred to in section 29.
8
Auditor-General Act 1997
9
5 At the end of section 38
10
Add:
11
(3) For the purposes of the finance law (within the meaning of the
12
Public Governance, Performance and Accountability Act 2013):
13
(a) the Audit Office is a listed entity; and
14
(b) the Auditor-General is the accountable authority of the Audit
15
Office; and
16
(c) the following persons are officials of the Audit Office:
17
(i) the Auditor-General;
18
(ii) the staff referred to in section 40;
19
(iii) persons engaged under contract as referred to in
20
section 27; and
21
(d) the purposes of the Audit Office include:
22
(i) the Auditor-General functions; and
23
(ii) the function of the Audit Office referred to in
24
section 39.
25
Australian Aged Care Quality Agency Act 2013
26
6 Section 7
27
Before "The", insert "(1)".
28
7 At the end of section 7
29
Add:
30
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
95
(2) For the purposes of the finance law (within the meaning of the
1
Public Governance, Performance and Accountability Act 2013):
2
(a) the Quality Agency is a listed entity; and
3
(b) the CEO is the accountable authority of the Quality Agency;
4
and
5
(c) the following persons are officials of the Quality Agency:
6
(i) the CEO;
7
(ii) the staff of the Quality Agency;
8
(iii) persons assisting the CEO referred to in section 27;
9
(iv) consultants engaged under section 28; and
10
(d) the purposes of the Quality Agency include:
11
(i) the function of the Quality Agency referred to in
12
section 9; and
13
(ii) the functions of the CEO referred to in section 12.
14
Australian Bureau of Statistics Act 1975
15
8 At the end of section 5
16
Add:
17
(5) For the purposes of the finance law (within the meaning of the
18
Public Governance, Performance and Accountability Act 2013):
19
(a) the Bureau is a listed entity; and
20
(b) the Statistician is the accountable authority of the Bureau;
21
and
22
(c) the following persons are officials of the Bureau:
23
(i) the Statistician;
24
(ii) the staff referred to in subsection 16(1);
25
(iii) persons engaged under subsection 16(2); and
26
(d) the purposes of the Bureau include:
27
(i) the functions of the Bureau referred to in section 6; and
28
(ii) the functions of the Statistician referred to in
29
subsection (4) and section 4.
30
Schedule 6 Listed entities
96
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Australian Capital Territory (Planning and Land
1
Management) Act 1988
2
9 Section 5
3
Before "The", insert "(1)".
4
10 At the end of section 5
5
Add:
6
(2) For the purposes of the finance law (within the meaning of the
7
Public Governance, Performance and Accountability Act 2013):
8
(a) the Authority is a listed entity; and
9
(b) the Chief Executive is the accountable authority of the
10
Authority; and
11
(c) the following persons are officials of the Authority:
12
(i) the Chief Executive;
13
(ii) the Chairperson;
14
(iii) the staff of the Authority referred to in subsection 47(1);
15
(iv) persons whose services are made available to the
16
Authority under subsection 47(3);
17
(v) consultants engaged under section 48; and
18
(d) the purposes of the Authority include:
19
(i) the functions of the Authority referred to in section 6;
20
and
21
(ii) the functions of the Chief Executive referred to in
22
section 46.
23
Australian Centre for International Agricultural Research
24
Act 1982
25
11 After Part VI
26
Insert:
27
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
97
Part VIA--Application of the finance law
1
2
32A Application of the finance law
3
For the purposes of the finance law (within the meaning of the
4
Public Governance, Performance and Accountability Act 2013):
5
(a) the following combination of bodies is a listed entity:
6
(i) the Centre;
7
(ii) the Commission;
8
(iii) the Council; and
9
(b) the listed entity is to be known as the Australian Centre for
10
International Agricultural Research; and
11
(c) the CEO is the accountable authority of the listed entity; and
12
(d) the following persons are officials of the listed entity:
13
(i) the CEO;
14
(ii) the Commissioners;
15
(iii) the members of the Council referred to in
16
subsection 19(1);
17
(iv) the staff of the Centre referred to in section 30;
18
(v) persons whose services are made available to the CEO
19
under section 31;
20
(vi) consultants engaged under section 32; and
21
(e) the purposes of the listed entity include:
22
(i) the functions of the CEO referred to in section 5; and
23
(ii) the functions of the staff of the Centre referred to in
24
section 6; and
25
(iii) the functions of the Commission referred to in section 9;
26
and
27
(iv) the function of the Council referred to in section 18.
28
12 Part VII (heading)
29
Repeal the heading, substitute:
30
Schedule 6 Listed entities
98
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part VII--The Australian Centre for International
1
Agricultural Research Account
2
Australian Communications and Media Authority Act 2005
3
13 Section 6
4
Before "The", insert "(1)".
5
14 At the end of section 6
6
Add:
7
Note:
The ACMA does not have a legal identity separate from the
8
Commonwealth.
9
(2) For the purposes of the finance law (within the meaning of the
10
Public Governance, Performance and Accountability Act 2013):
11
(a) the ACMA is a listed entity; and
12
(b) the Chair is the accountable authority of the ACMA; and
13
(c) the ACMA officials are officials of the ACMA; and
14
(d) the purposes of the ACMA include the functions of the
15
ACMA referred to in Division 2 of Part 2.
16
Australian Crime Commission Act 2002
17
15 At the end of section 7
18
Add:
19
(3) For the purposes of the finance law (within the meaning of the
20
Public Governance, Performance and Accountability Act 2013):
21
(a) the ACC is a listed entity; and
22
(b) the CEO is the accountable authority of the ACC; and
23
(c) the following persons are officials of the ACC:
24
(i) the CEO;
25
(ii) the examiners;
26
(iii) the staff of the ACC referred to in subsection 47(1);
27
(iv) consultants engaged under subsection 48(1);
28
(v) persons whose services are made available to the ACC
29
under section 49; and
30
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
99
(d) the purposes of the ACC include:
1
(i) the functions of the ACC referred to in section 7A; and
2
(ii) the functions of the CEO referred to in section 46A.
3
Australian Federal Police Act 1979
4
16 Section 6
5
Before "The", insert "(1)".
6
17 At the end of section 6
7
Add:
8
(2) For the purposes of the finance law (within the meaning of the
9
Public Governance, Performance and Accountability Act 2013):
10
(a) the Australian Federal Police is a listed entity; and
11
(b) the Commissioner of Police is the accountable authority of
12
the Australian Federal Police; and
13
(c) the persons referred to in subsection (1) are officials of the
14
Australian Federal Police; and
15
(d) the purposes of the Australian Federal Police include the
16
functions of the Australian Federal Police referred to in
17
section 8.
18
Australian Information Commissioner Act 2010
19
18 At the end of section 5
20
Add:
21
(4) For the purposes of the finance law (within the meaning of the
22
Public Governance, Performance and Accountability Act 2013):
23
(a) the Office of the Australian Information Commissioner is a
24
listed entity; and
25
(b) the Information Commissioner is the accountable authority of
26
the Office of the Australian Information Commissioner; and
27
(c) the following persons are officials of the Office of the
28
Australian Information Commissioner:
29
(i) the information officers;
30
(ii) the staff mentioned in Part 3;
31
Schedule 6 Listed entities
100
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(iii) consultants engaged under section 24; and
1
(d) the purposes of the Office of the Australian Information
2
Commissioner include:
3
(i) the functions of the Information Commissioner referred
4
to in section 10; and
5
(ii) the functions of the Freedom of Information
6
Commissioner referred to in section 11; and
7
(iii) the functions of the Privacy Commissioner referred to in
8
section 12.
9
Australian Law Reform Commission Act 1996
10
19 Section 5
11
Before "This", insert "(1)".
12
20 At the end of section 5
13
Add:
14
(2) For the purposes of the finance law (within the meaning of the
15
Public Governance, Performance and Accountability Act 2013):
16
(a) the Commission is a listed entity; and
17
(b) the President is the accountable authority of the Commission;
18
and
19
(c) the following persons are officials of the Commission:
20
(i) the President;
21
(ii) the other members;
22
(iii) the staff of the Commission referred to in
23
subsection 43(1); and
24
(d) the purposes of the Commission include the functions of the
25
Commission referred to in section 21.
26
Australian Organ and Tissue Donation and Transplantation
27
Authority Act 2008
28
21 After Part 5
29
Insert:
30
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
101
Part 5A--Application of the finance law
1
2
53A Application of the finance law
3
For the purposes of the finance law (within the meaning of the
4
Public Governance, Performance and Accountability Act 2013):
5
(a) the following combination of bodies is a listed entity:
6
(i) the Authority;
7
(ii) the Advisory Council; and
8
(b) the listed entity is to be known as the Australian Organ and
9
Tissue Donation and Transplantation Authority; and
10
(c) the CEO is the accountable authority of the listed entity; and
11
(d) the following persons are officials of the listed entity:
12
(i) the CEO;
13
(ii) the staff of the Authority;
14
(iii) the Advisory Council members;
15
(iv) consultants engaged under section 26;
16
(v) persons whose services are made available to the CEO
17
under section 27;
18
(vi) an expert advisory committee member; and
19
(e) the purposes of the listed entity include:
20
(i) the function of the Authority referred to in section 9;
21
and
22
(ii) the functions of the CEO referred to in section 11; and
23
(iii) the function of the Advisory Council referred to in
24
section 32; and
25
(iv) the function of an expert advisory committee referred to
26
in section 45.
27
Australian Prudential Regulation Authority Act 1998
28
22 Section 7
29
Before "The", insert "(1)".
30
23 At the end of section 7
31
Add:
32
Schedule 6 Listed entities
102
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) For the purposes of the finance law (within the meaning of the
1
Public Governance, Performance and Accountability Act 2013):
2
(a) APRA is a listed entity; and
3
(b) the Chair is the accountable authority of APRA; and
4
(c) the following persons are officials of APRA:
5
(i) the Chair;
6
(ii) the other APRA members;
7
(iii) the APRA staff members; and
8
(d) the purposes of APRA include:
9
(i) the purposes of APRA referred to in section 8; and
10
(ii) the functions of APRA referred to in section 9.
11
Australian Radiation Protection and Nuclear Safety Act 1998
12
24 Part 3 (heading)
13
Repeal the heading, substitute:
14
Part 3--ARPANSA
15
25 Before section 14
16
Insert:
17
14A Application of the finance law
18
For the purposes of the finance law (within the meaning of the
19
Public Governance, Performance and Accountability Act 2013):
20
(a) ARPANSA is a listed entity; and
21
(b) the CEO is the accountable authority of ARPANSA; and
22
(c) the following persons are officials of ARPANSA:
23
(i) the CEO;
24
(ii) the staff assisting the CEO referred to in
25
subsection 58(1); and
26
(d) the purposes of ARPANSA include the functions of the CEO
27
referred to in section 15.
28
Note:
ARPANSA (the Australian Radiation Protection and Nuclear Safety
29
Agency) is a part of the Department of State administered by the
30
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
103
Minister. However, for the purposes of the finance law, it is separate
1
from that Department.
2
26 Section 14 (note)
3
Repeal the note.
4
Australian Research Council Act 2001
5
27 At the end of section 5
6
Add:
7
(3) For the purposes of the finance law (within the meaning of the
8
Public Governance, Performance and Accountability Act 2013):
9
(a) the ARC is a listed entity; and
10
(b) the CEO is the accountable authority of the ARC; and
11
(c) the following persons are officials of the ARC:
12
(i) the CEO;
13
(ii) the members of the designated committees;
14
(iii) the staff of the ARC; and
15
(d) the purposes of the ARC include:
16
(i) the function of the ARC referred to in section 6; and
17
(ii) the functions of the designated committees referred to in
18
section 31; and
19
(iii) the functions of the CEO referred to in section 33B.
20
Australian Securities and Investments Commission Act 2001
21
28 After section 9
22
Insert:
23
9A Application of the finance law
24
For the purposes of the finance law (within the meaning of the
25
Public Governance, Performance and Accountability Act 2013):
26
(a) ASIC is a listed entity; and
27
(b) the Chairperson is the accountable authority of ASIC; and
28
(c) the following persons are officials of ASIC:
29
Schedule 6 Listed entities
104
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(i) the Chairperson;
1
(ii) the other members of ASIC;
2
(iii) staff members; and
3
(d) the purposes of ASIC include the functions of ASIC referred
4
to in sections 11 and 12A.
5
Australian Sports Anti-Doping Authority Act 2006
6
29 After Part 5
7
Insert:
8
Part 6--Application of the finance law
9
10
50F Application of the finance law
11
For the purposes of the finance law (within the meaning of the
12
Public Governance, Performance and Accountability Act 2013):
13
(a) the following combination of bodies is a listed entity:
14
(i) the ASADA;
15
(ii) the Advisory Group;
16
(iii) the ADRVP; and
17
(b) the listed entity is to be known as the Australian Sports
18
Anti-Doping Authority; and
19
(c) the CEO is the accountable authority of the listed entity; and
20
(d) the following persons are officials of the listed entity:
21
(i) the CEO;
22
(ii) the ASADA staff;
23
(iii) the Advisory Group members;
24
(iv) the ADRVP members;
25
(v) the persons whose services are made available to the
26
CEO under section 24M;
27
(vi) an advisory committee member; and
28
(e) the purposes of the listed entity include:
29
(i) the function of the ASADA referred to in section 20B;
30
and
31
(ii) the functions of the CEO referred to in section 21; and
32
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
105
(iii) the function of the Advisory Group referred to in
1
section 25A; and
2
(iv) the functions of the ADRVP referred to in section 41;
3
and
4
(v) the functions of an advisory committee.
5
Australian Trade Commission Act 1985
6
30 At the end of section 7
7
Add:
8
(3) For the purposes of the finance law (within the meaning of the
9
Public Governance, Performance and Accountability Act 2013):
10
(a) the Commission is a listed entity; and
11
(b) the CEO is the accountable authority of the Commission; and
12
(c) the following persons are officials of the Commission:
13
(i) the CEO;
14
(ii) the staff of the Commission referred to in section 60;
15
(iii) consultants engaged under section 62; and
16
(d) the purposes of the Commission include:
17
(i) the function of the Commission referred to in
18
section 7A; and
19
(ii) the functions of the CEO referred to in section 8.
20
Bankruptcy Act 1966
21
31 After section 12
22
Insert:
23
13 The Australian Financial Security Authority
24
For the purposes of the finance law (within the meaning of the
25
Public Governance, Performance and Accountability Act 2013):
26
(a) the following group of persons is a listed entity:
27
(i) the Inspector-General;
28
(ii) persons engaged under the Public Service Act 1999 to
29
assist the Inspector-General; and
30
Schedule 6 Listed entities
106
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(b) the listed entity is to be known as the Australian Financial
1
Security Authority; and
2
(c) the Inspector-General is the accountable authority of the
3
Australian Financial Security Authority; and
4
(d) the persons referred to in paragraph (a) are officials of the
5
Australian Financial Security Authority; and
6
(e) the purposes of the Australian Financial Security Authority
7
include the functions of the Inspector-General referred to in
8
subsection 11(2) and section 12.
9
Cancer Australia Act 2006
10
32 After Part 4
11
Insert:
12
Part 4A--Application of the finance law
13
14
36A Application of the finance law
15
For the purposes of the finance law (within the meaning of the
16
Public Governance, Performance and Accountability Act 2013):
17
(a) the following combination of bodies is a listed entity:
18
(i) Cancer Australia;
19
(ii) the Advisory Council; and
20
(b) the listed entity is to be known as Cancer Australia; and
21
(c) the Chief Executive Officer is the accountable authority of
22
the listed entity; and
23
(d) the following persons are officials of the listed entity:
24
(i) the Chief Executive Officer;
25
(ii) the staff of Cancer Australia referred to in section 8;
26
(iii) the Advisory Council members;
27
(iv) consultants engaged under section 9; and
28
(e) the purposes of the listed entity include:
29
(i) the functions of Cancer Australia referred to in
30
section 7; and
31
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
107
(ii) the responsibility of the Chief Executive Officer
1
referred to in section 11; and
2
(iii) the function of the Advisory Council referred to in
3
section 26.
4
Commonwealth Electoral Act 1918
5
33 After subsection 6(2)
6
Insert:
7
(2A) For the purposes of the finance law (within the meaning of the
8
Public Governance, Performance and Accountability Act 2013):
9
(a) the Commission is a listed entity; and
10
(b) the Electoral Commissioner is the accountable authority of
11
the Commission; and
12
(c) the following persons are officials of the Commission:
13
(i) the Electoral Commissioner;
14
(ii) the Deputy Electoral Commissioner;
15
(iii) the Australian Electoral Officer for a State or Territory;
16
(iv) the staff of the Commission referred to in section 29;
17
and
18
(d) the purposes of the Commission include:
19
(i) the functions of the Commission referred to in section 7;
20
and
21
(ii) the functions of the Electoral Commissioner referred to
22
in subsection 18(2).
23
Commonwealth Grants Commission Act 1973
24
34 At the end of section 7
25
Add:
26
(3) For the purposes of the finance law (within the meaning of the
27
Public Governance, Performance and Accountability Act 2013):
28
(a) the Commission is a listed entity; and
29
(b) the Secretary of the Commission is the accountable authority
30
of the Commission; and
31
(c) the following persons are officials of the Commission:
32
Schedule 6 Listed entities
108
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(i) the Chairperson;
1
(ii) the other members;
2
(iii) the Secretary;
3
(iv) persons engaged under the Public Service Act 1999 to
4
assist the Commission; and
5
(d) the purposes of the Commission include the functions of the
6
Commission referred to in subsection (2).
7
Competition and Consumer Act 2010
8
35 After Part IIIAA
9
Insert:
10
Part IIIAB--Application of the finance law
11
12
44AAL Application of the finance law
13
For the purposes of the finance law (within the meaning of the
14
Public Governance, Performance and Accountability Act 2013):
15
(a) the following combination of bodies is a listed entity:
16
(i) the Commission;
17
(ii) the AER; and
18
(b) the listed entity is to be known as the Australian Competition
19
and Consumer Commission; and
20
(c) the Chairperson is the accountable authority of the listed
21
entity; and
22
(d) the following persons are officials of the listed entity:
23
(i) the Chairperson;
24
(ii) the other members of the Commission;
25
(iii) the associate members of the Commission;
26
(iv) the AER members;
27
(v) persons engaged under section 27; and
28
(e) the purposes of the listed entity include:
29
(i) the functions conferred on the Commission by this Act;
30
and
31
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
109
(ii) the functions of the AER under Division 3 of
1
Part IIIAA.
2
ComSuper Act 2011
3
36 After section 5
4
Insert:
5
5A Application of the finance law
6
For the purposes of the finance law (within the meaning of the
7
Public Governance, Performance and Accountability Act 2013):
8
(a) ComSuper is a listed entity; and
9
(b) the CEO is the accountable authority of ComSuper; and
10
(c) the following persons are officials of ComSuper:
11
(i) the CEO;
12
(ii) the staff of ComSuper;
13
(iii) consultants engaged under section 20; and
14
(d) the purposes of ComSuper include:
15
(i) the function of ComSuper referred to in section 6; and
16
(ii) the function of the CEO referred to in section 8; and
17
(iii) the functions conferred on the CEO by any other law of
18
the Commonwealth.
19
Criminology Research Act 1971
20
37 After Part III
21
Insert:
22
Part IV--Application of the finance law
23
24
35 Application of the finance law
25
For the purposes of the finance law (within the meaning of the
26
Public Governance, Performance and Accountability Act 2013):
27
(a) the following combination of bodies is a listed entity:
28
Schedule 6 Listed entities
110
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(i) the Institute;
1
(ii) the Advisory Council; and
2
(b) the listed entity is to be known as the Australian Institute of
3
Criminology; and
4
(c) the Director is the accountable authority of the listed entity;
5
and
6
(d) the following persons are officials of the listed entity:
7
(i) the Director;
8
(ii) the staff of the Institute;
9
(iii) the members of the Advisory Council;
10
(iv) consultants engaged under section 24; and
11
(e) the purposes of the listed entity include:
12
(i) the functions of the Institute referred to in section 6; and
13
(ii) the functions of the Director referred to in section 16;
14
and
15
(iii) the functions of the Advisory Council referred to in
16
subsection 33(2).
17
Customs Administration Act 1985
18
38 After subsection 4(3)
19
Insert:
20
(3A) For the purposes of the finance law (within the meaning of the
21
Public Governance, Performance and Accountability Act 2013):
22
(a) the Australian Customs and Border Protection Service is a
23
listed entity; and
24
(b) the CEO is the accountable authority of the Australian
25
Customs and Border Protection Service; and
26
(c) the persons referred to in subsection (3) are officials of the
27
Australian Customs and Border Protection Service; and
28
(d) the purposes of the Australian Customs and Border
29
Protection Service include the functions of the CEO under a
30
law of customs or any other law of the Commonwealth.
31
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
111
Director of Public Prosecutions Act 1983
1
39 At the end of section 5
2
Add:
3
(5) For the purposes of the finance law (within the meaning of the
4
Public Governance, Performance and Accountability Act 2013):
5
(a) the Office is a listed entity; and
6
(b) the Director is the accountable authority of the Office; and
7
(c) the persons referred to in subsection (3) are officials of the
8
Office (other than persons engaged under subsection 28(1));
9
and
10
(d) the purposes of the Office include the functions of the
11
Director referred to in section 6.
12
Fair Work Act 2009
13
40 At the end of Division 8 of Part 5-1
14
Add:
15
Subdivision D--Application of the finance law
16
673A Application of the finance law
17
For the purposes of the finance law (within the meaning of the
18
Public Governance, Performance and Accountability Act 2013):
19
(a) the following group of persons is a listed entity:
20
(i) the General Manager;
21
(ii) the staff of the FWC referred to in section 670;
22
(iii) persons whose services are made available to the FWC
23
under section 672;
24
(iv) consultants engaged under section 673; and
25
(b) the listed entity is to be known as the Fair Work
26
Commission; and
27
(c) the General Manager is the accountable authority of the listed
28
entity; and
29
(d) the persons referred to in paragraph (a) are officials of the
30
listed entity; and
31
Schedule 6 Listed entities
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and Transitional Provisions) Bill 2014
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(e) the purposes of the listed entity include the functions of the
1
General Manager referred to in section 657.
2
Family Law Act 1975
3
41 After Division 1 of Part IVA
4
Insert:
5
Division 1AA--Application of the finance law
6
38BAA Application of the finance law
7
For the purposes of the finance law (within the meaning of the
8
Public Governance, Performance and Accountability Act 2013):
9
(a) the following group of persons is a listed entity:
10
(i) the Chief Executive Officer;
11
(ii) the officers of the Court referred to in
12
subsection 38N(1);
13
(iii) the staff of the Registries referred to in
14
subsection 38N(7);
15
(iv) the officers of the Federal Circuit Court referred to in
16
subsection 99(1) of the Federal Circuit Court of
17
Australia Act 1999;
18
(v) the staff of the Federal Circuit Court referred to in
19
section 112 of that Act; and
20
(b) the listed entity is to be known as the Family Court and
21
Federal Circuit Court; and
22
(c) the Chief Executive Officer is the accountable authority of
23
the listed entity; and
24
(d) the persons referred to in paragraph (a) are officials of the
25
listed entity; and
26
(e) the purposes of the listed entity include the functions of the
27
Chief Executive Officer under:
28
(i) sections 38B and 38BA of this Act; and
29
(ii) sections 93A and 96 of the Federal Circuit Court of
30
Australia Act 1999.
31
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
113
42 After subsection 114B(1B)
1
Insert:
2
(1C) For the purposes of the finance law (within the meaning of the
3
Public Governance, Performance and Accountability Act 2013):
4
(a) the Institute is a listed entity; and
5
(b) the Director is the accountable authority of the Institute; and
6
(c) the persons referred to in subsection (1B) are officials of the
7
Institute; and
8
(d) the purposes of the Institute include:
9
(i) the functions of the Director referred to in
10
subsection (2); and
11
(ii) the function of the Institute referred to in
12
subsection (2A).
13
Federal Court of Australia Act 1976
14
43 After Division 1 of Part IIA
15
Insert:
16
Division 1A--Application of the finance law
17
18BB Application of the finance law
18
For the purposes of the finance law (within the meaning of the
19
Public Governance, Performance and Accountability Act 2013):
20
(a) the following group of persons is a listed entity:
21
(i) the Registrar;
22
(ii) the officers of the Court referred to in
23
subsection 18N(1);
24
(iii) the staff of the Registries referred to in
25
subsection 18N(7);
26
(iv) the Registrar of the National Native Title Tribunal;
27
(v) the Deputy Registrars of the National Native Title
28
Tribunal;
29
(vi) the staff assisting the National Native Title Tribunal
30
referred to in subsection 130(1) of the Native Title Act
31
1993;
32
Schedule 6 Listed entities
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and Transitional Provisions) Bill 2014
No. , 2014
(vii) consultants engaged under section 132 of that Act; and
1
(b) the listed entity is to be known as the Federal Court of
2
Australia; and
3
(c) the Registrar is the accountable authority of the listed entity;
4
and
5
(d) the persons referred to in paragraph (a) are officials of the
6
listed entity; and
7
(e) the purposes of the listed entity include the functions of the
8
Registrar:
9
(i) to assist the Chief Justice in the management of the
10
administrative affairs of the Court (see section 18B of
11
this Act); and
12
(ii) to assist the President of the National Native Title
13
Tribunal in the management of the administrative affairs
14
of the Tribunal (see subsection 129(1) of the Native
15
Title Act 1993).
16
Fisheries Administration Act 1991
17
44 After section 5
18
Insert:
19
5A Application of the finance law
20
For the purposes of the finance law (within the meaning of the
21
Public Governance, Performance and Accountability Act 2013):
22
(a) the Authority is a listed entity; and
23
(b) the CEO is the accountable authority of the Authority; and
24
(c) the following persons are officials of the Authority:
25
(i) the CEO;
26
(ii) the other commissioners;
27
(iii) the AFMA staff members;
28
(iv) consultants engaged under subsection 69(1);
29
(v) persons engaged under contract to assist the Authority;
30
and
31
(d) the purposes of the Authority include:
32
(i) the objectives referred to in section 6; and
33
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and Transitional Provisions) Bill 2014
115
(ii) the functions of the Authority referred to in section 7.
1
Future Fund Act 2006
2
45 At the end of section 74
3
Add:
4
(3) For the purposes of the finance law (within the meaning of the
5
Public Governance, Performance and Accountability Act 2013):
6
(a) the Agency is a listed entity; and
7
(b) the Chair is the accountable authority of the Agency; and
8
(c) the following persons are officials of the Agency:
9
(i) the Chair;
10
(ii) the staff of the Future Fund Management Agency;
11
(iii) consultants engaged under subsection 78(1);
12
(iv) persons whose services are made available to the
13
Agency under subsection 78(3); and
14
(d) the purposes of the Agency include the functions of the
15
Agency referred to in section 75.
16
Governor-General Act 1974
17
46 At the end of section 6
18
Add:
19
(4) For the purposes of the finance law (within the meaning of the
20
Public Governance, Performance and Accountability Act 2013):
21
(a) the Office is a listed entity; and
22
(b) the Official Secretary is the accountable authority of the
23
Office; and
24
(c) the persons referred to in subsection (2) are officials of the
25
Office; and
26
(d) the purposes of the Office include the functions of the Office
27
referred to in subsection (3).
28
Schedule 6 Listed entities
116
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and Transitional Provisions) Bill 2014
No. , 2014
Great Barrier Reef Marine Park Act 1975
1
47 Section 6
2
Before "There", insert "(1)".
3
48 At the end of section 6
4
Add:
5
Note:
The Authority does not have a legal identity separate from the
6
Commonwealth.
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 Authority is a listed entity; and
10
(b) the Chairperson is the accountable authority of the Authority;
11
and
12
(c) the following persons are officials of the Authority:
13
(i) the Chairperson;
14
(ii) the other members;
15
(iii) the staff of the Authority referred to in subsection 40(1);
16
(iv) persons engaged under section 41; and
17
(d) the purposes of the Authority include the functions of the
18
Authority referred to in section 7.
19
Health Insurance Act 1973
20
49 After Division 6 of Part VAA
21
Insert:
22
Division 6A--Application of the finance law
23
106ZPLA Application of the finance law
24
For the purposes of the finance law (within the meaning of the
25
Public Governance, Performance and Accountability Act 2013):
26
(a) the following group of persons is a listed entity:
27
(i) the Director;
28
(ii) the Deputy Directors;
29
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and Transitional Provisions) Bill 2014
117
(iii) the staff assisting the Director referred to in
1
section 106ZM;
2
(iv) persons whose services are made available to assist the
3
Director under section 106ZN;
4
(v) consultants engaged under section 106ZP; and
5
(b) the listed entity is to be known as the Professional Services
6
Review Scheme; and
7
(c) the Director is the accountable authority of the listed entity;
8
and
9
(d) the persons referred to in paragraph (a) are officials of the
10
listed entity; and
11
(e) the purposes of the listed entity include the functions of the
12
Director referred to in subsection 83(3).
13
Inspector-General of Intelligence and Security Act 1986
14
50 After section 6
15
Insert:
16
6AA The Office of the Inspector-General of Intelligence and
17
Security
18
For the purposes of the finance law (within the meaning of the
19
Public Governance, Performance and Accountability Act 2013):
20
(a) the following group of persons is a listed entity:
21
(i) the Inspector-General;
22
(ii) the staff assisting the Inspector-General referred to in
23
section 32; and
24
(b) the listed entity is to be known as the Office of the
25
Inspector-General of Intelligence and Security; and
26
(c) the Inspector-General is the accountable authority of the
27
Office of the Inspector-General of Intelligence and Security;
28
and
29
(d) the persons referred to in paragraph (a) are officials of the
30
Office of the Inspector-General of Intelligence and Security;
31
and
32
Schedule 6 Listed entities
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and Transitional Provisions) Bill 2014
No. , 2014
(e) the purposes of the Office of the Inspector-General of
1
Intelligence and Security include the functions of the
2
Inspector-General referred to in sections 8, 9 and 9A.
3
Inspector-General of Taxation Act 2003
4
51 At the end of Part 3
5
Add:
6
36A Application of the finance law
7
For the purposes of the finance law (within the meaning of the
8
Public Governance, Performance and Accountability Act 2013):
9
(a) the following group of persons is a listed entity:
10
(i) the Inspector-General;
11
(ii) the Inspector-General's staff; and
12
(b) the listed entity is to be known as the Inspector-General of
13
Taxation; and
14
(c) the Inspector-General is the accountable authority of the
15
listed entity; and
16
(d) the persons referred to in paragraph (a) are officials of the
17
listed entity; and
18
(e) the purposes of the listed entity include the functions of the
19
Inspector-General referred to in section 7.
20
Intelligence Services Act 2001
21
52 Section 16
22
Before "The", insert "(1)".
23
53 At the end of section 16
24
Add:
25
(2) For the purposes of the finance law (within the meaning of the
26
Public Governance, Performance and Accountability Act 2013):
27
(a) ASIS is a listed entity; and
28
(b) the Director-General is the accountable authority of ASIS;
29
and
30
Listed entities Schedule 6
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
119
(c) the following persons are officials of ASIS:
1
(i) the Director-General;
2
(ii) the staff of ASIS referred to in subsection 33(1); and
3
(d) the purposes of ASIS include the functions of ASIS referred
4
to in section 6.
5
Law Enforcement Integrity Commissioner Act 2006
6
54 At the end of section 195
7
Add:
8
(3) For the purposes of the finance law (within the meaning of the
9
Public Governance, Performance and Accountability Act 2013):
10
(a) ACLEI is a listed entity; and
11
(b) the Integrity Commissioner is the accountable authority of
12
ACLEI; and
13
(c) the staff members of ACLEI are officials of ACLEI; and
14
(d) the purposes of ACLEI include:
15
(i) the function of ACLEI referred to in section 196; and
16
(ii) the functions of the Integrity Commissioner referred to
17
in section 15.
18
Meteorology Act 1955
19
55 After section 8
20
Insert:
21
8A Application of the finance law
22
For the purposes of the finance law (within the meaning of the
23
Public Governance, Performance and Accountability Act 2013):
24
(a) the following group of persons is a listed entity:
25
(i) the Director;
26
(ii) persons engaged under the Public Service Act 1999 to
27
assist the Director; and
28
(b) the listed entity is to be known as the Bureau of Meteorology;
29
and
30
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and Transitional Provisions) Bill 2014
No. , 2014
(c) the Director is the accountable authority of the listed entity;
1
and
2
(d) the persons referred to in paragraph (a) are officials of the
3
listed entity; and
4
(e) the purposes of the listed entity include the functions of the
5
Bureau referred to in section 6.
6
National Blood Authority Act 2003
7
56 At the end of section 7
8
Add:
9
(3) For the purposes of the finance law (within the meaning of the
10
Public Governance, Performance and Accountability Act 2013):
11
(a) the NBA is a listed entity; and
12
(b) the General Manager is the accountable authority of the
13
NBA; and
14
(c) the following persons are officials of the NBA:
15
(i) the General Manager;
16
(ii) the NBA staff;
17
(iii) consultants engaged under section 37; and
18
(d) the purposes of the NBA include the functions of the NBA
19
referred to in section 8.
20
National Health and Medical Research Council Act 1992
21
57 At the end of section 5B
22
Add:
23
(3) For the purposes of the finance law (within the meaning of the
24
Public Governance, Performance and Accountability Act 2013):
25
(a) the NHMRC is a listed entity; and
26
(b) the CEO is the accountable authority of the NHMRC; and
27
(c) the following persons are officials of the NHMRC:
28
(i) the CEO;
29
(ii) the members of the Council;
30
(iii) the members of a committee;
31
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
121
(iv) the staff of the NHMRC;
1
(v) the Commissioner;
2
(vi) consultants engaged under section 46;
3
(vii) persons whose services are made available to the
4
NHMRC under section 48 (other than a person who is
5
an inspector within the meaning of the Research
6
Involving Human Embryos Act 2002); and
7
(d) the purposes of the NHMRC include:
8
(i) the function of the NHMRC referred to in section 5C;
9
and
10
(ii) the functions of the CEO referred to in section 7; and
11
(iii) the functions of the Council referred to in section 21;
12
and
13
(iv) the functions of a committee established under
14
subsection 35(1), 35(5) or 39(1) (including the functions
15
of the Embryo Research Licensing Committee of the
16
NHMRC referred to in section 14 of the Research
17
Involving Human Embryos Act 2002); and
18
(v) the functions of the Commissioner referred to in
19
section 56.
20
Note:
The Embryo Research Licensing Committee of the NHMRC is a
21
Principal Committee (see subsection 13(2) of the Research Involving
22
Human Embryos Act 2002).
23
National Health Reform Act 2011
24
58 Section 251
25
Before "The", insert "(1)".
26
59 At the end of section 251
27
Add:
28
(2) For the purposes of the finance law (within the meaning of the
29
Public Governance, Performance and Accountability Act 2013):
30
(a) the Funding Body is a listed entity; and
31
(b) the Funding Body CEO is the accountable authority of the
32
Funding Body; and
33
(c) the following persons are officials of the Funding Body:
34
Schedule 6 Listed entities
122
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(i) the Funding Body CEO;
1
(ii) the staff of the Funding Body;
2
(iii) persons whose services are made available to the
3
Funding Body under section 265;
4
(iv) consultants engaged under section 266; and
5
(d) the purposes of the Funding Body include the function of the
6
Funding Body referred to in section 252.
7
National Vocational Education and Training Regulator Act
8
2011
9
60 After section 156
10
Insert:
11
156A Application of the finance law
12
For the purposes of the finance law (within the meaning of the
13
Public Governance, Performance and Accountability Act 2013):
14
(a) the National VET Regulator is a listed entity; and
15
(b) the Chief Executive Officer is the accountable authority of
16
the National VET Regulator; and
17
(c) the following persons are officials of the National VET
18
Regulator:
19
(i) the Chief Commissioner;
20
(ii) the other Commissioners;
21
(iii) the Chief Executive Officer;
22
(iv) members of the staff of the Regulator;
23
(v) consultants engaged under section 184; and
24
(d) the purposes of the National VET Regulator include the
25
functions of the National VET Regulator referred to in
26
section 157.
27
National Water Commission Act 2004
28
61 Section 6
29
Before "The", insert "(1)".
30
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
123
62 At the end of section 6
1
Add:
2
(2) For the purposes of the finance law (within the meaning of the
3
Public Governance, Performance and Accountability Act 2013):
4
(a) the NWC is a listed entity; and
5
(b) the CEO is the accountable authority of the NWC; and
6
(c) the following persons are officials of the NWC:
7
(i) the CEO;
8
(ii) the Commissioners;
9
(iii) the staff of the NWC referred to in section 35;
10
(iv) persons whose services are made available to the NWC
11
under section 36;
12
(v) consultants engaged under section 37; and
13
(d) the purposes of the NWC include:
14
(i) the functions of the NWC referred to in section 7; and
15
(ii) the functions of the CEO referred to in section 24.
16
Office of National Assessments Act 1977
17
63 At the end of section 4
18
Add:
19
(5) For the purposes of the finance law (within the meaning of the
20
Public Governance, Performance and Accountability Act 2013):
21
(a) the Office of National Assessments is a listed entity; and
22
(b) the Director-General is the accountable authority of the
23
Office of National Assessments; and
24
(c) the persons referred to in subsection (3) are officials of the
25
Office of National Assessments; and
26
(d) the purposes of the Office of National Assessments include
27
the functions of the Office of National Assessments referred
28
to in section 5.
29
Schedule 6 Listed entities
124
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and Transitional Provisions) Bill 2014
No. , 2014
Ombudsman Act 1976
1
64 After section 4
2
Insert:
3
4A The Office of the Commonwealth Ombudsman
4
For the purposes of the finance law (within the meaning of the
5
Public Governance, Performance and Accountability Act 2013):
6
(a) the following group of persons is a listed entity:
7
(i) the Commonwealth Ombudsman;
8
(ii) the Deputy Commonwealth Ombudsmen;
9
(iii) the staff referred to in subsection 31(1); and
10
(b) the listed entity is to be known as the Office of the
11
Commonwealth Ombudsman; and
12
(c) the Commonwealth Ombudsman is the accountable authority
13
of the Office of the Commonwealth Ombudsman; and
14
(d) the persons referred to in paragraph (a) are officials of the
15
Office of the Commonwealth Ombudsman; and
16
(e) the purposes of the Office of the Commonwealth
17
Ombudsman include:
18
(i) the functions of the Commonwealth Ombudsman
19
referred to in subsection 4(2) and section 5; and
20
(ii) the functions of the Defence Force Ombudsman referred
21
to in section 19C; and
22
(iii) the functions of the Postal Industry Ombudsman
23
referred to in section 19M; and
24
(iv) the functions of the Overseas Students Ombudsman
25
referred to in section 19ZJ.
26
Parliamentary Counsel Act 1970
27
65 At the end of section 2
28
Add:
29
(5) For the purposes of the finance law (within the meaning of the
30
Public Governance, Performance and Accountability Act 2013):
31
(a) the Office of Parliamentary Counsel is a listed entity; and
32
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
125
(b) the First Parliamentary Counsel is the accountable authority
1
of the Office; and
2
(c) the persons referred to in subsection (3) are officials of the
3
Office; and
4
(d) the purposes of the Office include the functions of the Office
5
referred to in section 3.
6
Private Health Insurance Act 2007
7
66 Section 238-1
8
Before "For", insert "(1)".
9
67 At the end of section 238-1
10
Add:
11
(2) For the purposes of the finance law (within the meaning of the
12
Public Governance, Performance and Accountability Act 2013):
13
(a) the following group of persons is a listed entity:
14
(i) the Private Health Insurance Ombudsman;
15
(ii) the staff assisting the Private Health Insurance
16
Ombudsman referred to in subsection 253-45(1); and
17
(b) the listed entity is to be known as the Private Health
18
Insurance Ombudsman; and
19
(c) the Private Health Insurance Ombudsman is the accountable
20
authority of the listed entity; and
21
(d) the persons referred to in paragraph (a) are officials of the
22
listed entity; and
23
(e) the purposes of the listed entity include the functions of the
24
Private Health Insurance Ombudsman referred to in
25
section 238-5.
26
Productivity Commission Act 1998
27
68 Section 5
28
Before "The", insert "(1)".
29
Schedule 6 Listed entities
126
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
69 At the end of section 5
1
Add:
2
(2) 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 Chair is the accountable authority of the Commission;
6
and
7
(c) the following persons are officials of the Commission:
8
(i) the Chair;
9
(ii) the other members;
10
(iii) the staff of the Commission referred to in section 44;
11
(iv) consultants engaged under section 45; and
12
(d) the purposes of the Commission include the functions of the
13
Commission referred to in section 6 and Part 4.
14
Safe Work Australia Act 2008
15
70 Section 5
16
Before "Safe", insert "(1)".
17
71 At the end of section 5
18
Add:
19
(2) For the purposes of the finance law (within the meaning of the
20
Public Governance, Performance and Accountability Act 2013):
21
(a) Safe Work Australia is a listed entity; and
22
(b) the CEO is the accountable authority of Safe Work Australia;
23
and
24
(c) the following persons are officials of Safe Work Australia:
25
(i) the CEO;
26
(ii) the other members;
27
(iii) the staff of Safe Work Australia referred to in
28
section 59;
29
(iv) persons whose services are made available to Safe Work
30
Australia under section 61; and
31
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
127
(d) the purposes of Safe Work Australia include the functions of
1
Safe Work Australia referred to in section 6.
2
Telecommunications Universal Service Management Agency
3
Act 2012
4
72 Section 31
5
Before "The", insert "(1)".
6
73 At the end of section 31
7
Add:
8
(2) For the purposes of the finance law (within the meaning of the
9
Public Governance, Performance and Accountability Act 2013):
10
(a) TUSMA is a listed entity; and
11
(b) the CEO is the accountable authority of TUSMA; and
12
(c) the following persons are officials of TUSMA:
13
(i) the CEO;
14
(ii) the staff of TUSMA referred to in section 71;
15
(iii) consultants engaged under section 72;
16
(iv) persons whose services are made available to TUSMA
17
under section 73; and
18
(d) the purposes of TUSMA include the functions of TUSMA
19
referred to in section 32.
20
Tertiary Education Quality and Standards Agency Act 2011
21
74 At the end of section 132
22
Add:
23
(3) For the purposes of the finance law (within the meaning of the
24
Public Governance, Performance and Accountability Act 2013):
25
(a) TEQSA is a listed entity; and
26
(b) the Commissioners are the accountable authority of TEQSA;
27
and
28
(c) the following persons are officials of TEQSA:
29
(i) the Commissioners;
30
Schedule 6 Listed entities
128
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(ii) the Chief Executive Officer;
1
(iii) the staff of TEQSA referred to in section 156; and
2
(d) the purposes of TEQSA include the functions of TEQSA
3
referred to in section 134.
4
Transport Safety Investigation Act 2003
5
75 Section 12
6
Before "The", insert "(1)".
7
76 At the end of section 12
8
Add:
9
(2) For the purposes of the finance law (within the meaning of the
10
Public Governance, Performance and Accountability Act 2013):
11
(a) the ATSB is a listed entity; and
12
(b) the Chief Executive Officer is the accountable authority of
13
the ATSB; and
14
(c) the following persons are officials of the ATSB:
15
(i) the Chief Executive Officer;
16
(ii) the other Commissioners;
17
(iii) the staff of the ATSB referred to in section 16;
18
(iv) persons whose services are made available to the ATSB
19
under section 16A;
20
(v) consultants engaged under section 16B;
21
(vi) special investigators; and
22
(d) the purposes of the ATSB include:
23
(i) the functions of the ATSB referred to in section 12AA;
24
and
25
(ii) the functions of the Chief Executive Officer referred to
26
in section 15A.
27
Workplace Gender Equality Act 2012
28
77 At the end of section 8A
29
Add:
30
Listed entities Schedule 6
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
129
(3) For the purposes of the finance law (within the meaning of the
1
Public Governance, Performance and Accountability Act 2013):
2
(a) the Agency is a listed entity; and
3
(b) the Director of Workplace Gender Equality is the
4
accountable authority of the Agency; and
5
(c) the persons referred to in subsection (2) are officials of the
6
Agency; and
7
(d) the purposes of the Agency include the functions of the
8
Agency referred to in section 10.
9
Schedule 7 Amendments of Acts starting with A
130
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 7
--Amendments of Acts starting
1
with A
2
3
Aboriginal and Torres Strait Islander Act 2005
4
1 Subsection 4(1) (definition of Finance Minister)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
2 Subsection 142(2) (note)
8
Repeal the note, substitute:
9
Note:
The Public Governance, Performance and Accountability Act 2013
10
applies to the TSRA. That Act deals with matters relating to corporate
11
Commonwealth entities, including reporting and the use and
12
management of public resources.
13
3 Paragraph 143S(6)(e)
14
Repeal the paragraph, substitute:
15
(e) fails, without reasonable excuse, to comply with section 29 of
16
the Public Governance, Performance and Accountability Act
17
2013 (which deals with the duty to disclose interests) or rules
18
made for the purposes of that section; or
19
4 Subsection 143U(3)
20
Repeal the subsection.
21
5 Paragraph 144E(5)(a)
22
Omit "by section 27J of the Commonwealth Authorities and Companies
23
Act 1997", substitute "by rules made for the purposes of section 29 of
24
the Public Governance, Performance and Accountability Act 2013".
25
6 Subsection 144E(14)
26
Omit "section 27J of the Commonwealth Authorities and Companies
27
Act 1997", substitute "rules made for the purposes of section 29 of the
28
Public Governance, Performance and Accountability Act 2013 (which
29
deals with the duty to disclose interests)".
30
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
131
7 At the end of section 144M
1
Add:
2
(3) Subsections (1) and (2) apply in addition to section 29 of the
3
Public Governance, Performance and Accountability Act 2013
4
(which deals with the duty to disclose interests).
5
8 Paragraph 144P(2)(f)
6
Repeal the paragraph, substitute:
7
(f) fails, without reasonable excuse, to comply with:
8
(i) subsection 144M(1) or (2); or
9
(ii) section 29 of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with the duty to
11
disclose interests) or rules made for the purposes of that
12
section; or
13
9 Subsection 144V(3A)
14
Omit "under section 18 of the Commonwealth Authorities and
15
Companies Act 1997", substitute "under section 59 of the Public
16
Governance, Performance and Accountability Act 2013".
17
10 Subsection 144W(4)
18
Omit "under section 18 of the Commonwealth Authorities and
19
Companies Act 1997", substitute "under section 59 of the Public
20
Governance, Performance and Accountability Act 2013".
21
11 Subsection 144X(3) (definition of bank)
22
Omit "Commonwealth Authorities and Companies Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
12 Subsection 144ZA(5)
25
Omit "Section 14 of the Commonwealth Authorities and Companies Act
26
1997", substitute "Section 36 of the Public Governance, Performance
27
and Accountability Act 2013 (which deals with budget estimates)".
28
Schedule 7 Amendments of Acts starting with A
132
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
13 Subsection 144ZB(1)
1
Omit "of the TSRA prepared under section 9 of the Commonwealth
2
Authorities and Companies Act 1997", substitute "prepared by the
3
members of the TSRA and given to the Minister under section 46 of the
4
Public Governance, Performance and Accountability Act 2013 for a
5
period".
6
14 Subsection 144ZB(3)
7
Omit "a financial year to an individual or body, then, in addition to the
8
matters referred to in subsections (1) and (2), the annual report for the
9
year", substitute "a period to an individual or body, then, in addition to
10
the matters referred to in subsections (1) and (2), the annual report for
11
the period".
12
15 Paragraph 144ZD(1A)(b)
13
Repeal the paragraph, substitute:
14
(b) the Public Governance, Performance and Accountability Act
15
2013 or any legislative instruments made under that Act.
16
16 Division 10 of Part 3A
17
Repeal the Division.
18
17 Section 144ZF
19
Before "A TSRA Administrator", insert "(1)".
20
18 At the end of section 144ZF
21
Add:
22
(2) If a TSRA Administrator is appointed to administer the affairs of
23
the TSRA, the TSRA Administrator is the accountable authority of
24
the TSRA for the purposes of the Public Governance, Performance
25
and Accountability Act 2013.
26
19 After subsection 144ZM(3)
27
Insert:
28
(3A) Subsections (1), (2) and (3) apply in addition to section 29 of the
29
Public Governance, Performance and Accountability Act 2013
30
(which deals with the duty to disclose interests).
31
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
133
20 Paragraph 144ZN(2)(d)
1
Omit "section 144ZM", substitute "subsection 144ZM(1), (2) or (3)".
2
21 At the end of subsection 144ZN(2)
3
Add:
4
Note:
The appointment of a TSRA Administrator may also be terminated
5
under section 30 of the Public Governance, Performance and
6
Accountability Act 2013 (which deals with terminating the
7
appointment of an accountable authority, or a member of an
8
accountable authority, for contravening general duties of officials).
9
22 Subsection 145(2) (note)
10
Repeal the note, substitute:
11
Note:
The Public Governance, Performance and Accountability Act 2013
12
applies to Indigenous Business Australia. That Act deals with matters
13
relating to corporate Commonwealth entities, including reporting and
14
the use and management of public resources.
15
23 Section 149
16
Repeal the section.
17
24 Subsections 150(2) and (3)
18
Repeal the subsections, substitute:
19
(3) The Minister may, by notice in writing to the Indigenous Business
20
Australia Board, request the Board to vary a corporate plan
21
prepared by the Board under section 35 of the Public Governance,
22
Performance and Accountability Act 2013.
23
25 Paragraph 165(2)(b)
24
Omit "; or", substitute ";".
25
26 Paragraph 165(2)(c)
26
Repeal the paragraph.
27
27 At the end of subsection 165(2)
28
Add:
29
Note:
The appointment of an Indigenous Business Australia Director may
30
also be terminated under section 30 of the Public Governance,
31
Schedule 7 Amendments of Acts starting with A
134
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Performance and Accountability Act 2013 (which deals with
1
terminating the appointment of an accountable authority, or a member
2
of an accountable authority, for contravening general duties of
3
officials).
4
28 Paragraph 167(3)(a)
5
Omit "by section 27J of the Commonwealth Authorities and Companies
6
Act 1997", substitute "by rules made for the purposes of section 29 of
7
the Public Governance, Performance and Accountability Act 2013".
8
29 Subsection 167(11)
9
Omit "section 27J of the Commonwealth Authorities and Companies
10
Act 1997", substitute "rules made for the purposes of section 29 of the
11
Public Governance, Performance and Accountability Act 2013 (which
12
deals with the duty to disclose interests)".
13
30 At the end of section 172A
14
Add:
15
(3) Subsections (1) and (2) apply in addition to section 29 of the
16
Public Governance, Performance and Accountability Act 2013
17
(which deals with the duty to disclose interests).
18
31 Subsection 181A(4)
19
Omit "under section 18 of the Commonwealth Authorities and
20
Companies Act 1997", substitute "under section 59 of the Public
21
Governance, Performance and Accountability Act 2013".
22
32 Section 189
23
Repeal the section, substitute:
24
189 Annual report and financial statements
25
(1) The annual report prepared by the Indigenous Business Australia
26
Board and given to the Minister under section 46 of the Public
27
Governance, Performance and Accountability Act 2013 for a
28
period must include details of:
29
(a) any direction given by the Minister under section 151 of this
30
Act during that period; and
31
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
135
(b) any consultants engaged under section 178 of this Act during
1
that period.
2
(2) Subject to any direction by the Finance Minister, the financial
3
statements included in the annual report as required by
4
subsection 43(4) of the Public Governance, Performance and
5
Accountability Act 2013 must deal with the New Housing Fund
6
separately from the other finances of Indigenous Business
7
Australia.
8
(3) A direction referred to in subsection (2) is not a legislative
9
instrument.
10
33 Subsection 191A(2) (note)
11
Repeal the note, substitute:
12
Note:
The Public Governance, Performance and Accountability Act 2013
13
applies to the Indigenous Land Corporation. That Act deals with
14
matters relating to corporate Commonwealth entities, including
15
reporting and the use and management of public resources.
16
34 Section 191L
17
Omit "Commonwealth Authorities and Companies Act 1997", substitute
18
"Public Governance, Performance and Accountability Act 2013".
19
35 At the end of section 192F
20
Add:
21
(4) Subsection (3) applies in addition to section 29 of the Public
22
Governance, Performance and Accountability Act 2013 (which
23
deals with the duty to disclose interests).
24
36 Paragraph 192H(2)(e)
25
Omit "section 192F of this Act or section 27F or 27J of the
26
Commonwealth Authorities and Companies Act 1997", substitute
27
"subsection 192F(3)".
28
37 At the end of subsection 192H(2)
29
Add:
30
Note:
The appointment of an Indigenous Land Corporation Director may
31
also be terminated under section 30 of the Public Governance,
32
Schedule 7 Amendments of Acts starting with A
136
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Performance and Accountability Act 2013 (which deals with
1
terminating the appointment of an accountable authority, or a member
2
of an accountable authority, for contravening general duties of
3
officials).
4
38 Subsection 192J(3) (heading)
5
Repeal the heading, substitute:
6
Quorum if Director excluded
7
39 Paragraph 192J(3)(a)
8
Omit "by section 27J of the Commonwealth Authorities and Companies
9
Act 1997", substitute "by rules made for the purposes of section 29 of
10
the Public Governance, Performance and Accountability Act 2013".
11
40 Subsection 192W(2)
12
Omit "Special Account for the purposes of the Financial Management
13
and Accountability Act 1997", substitute "special account for the
14
purposes of the Public Governance, Performance and Accountability
15
Act 2013".
16
41 Subsection 192W(3)
17
Omit "section 39 of the Financial Management and Accountability Act
18
1997", substitute "section 58 of the Public Governance, Performance
19
and Accountability Act 2013 (which deals with investment by the
20
Commonwealth)".
21
42 Paragraph 193(5)(b)
22
Omit "section 39 of the Financial Management and Accountability Act
23
1997", substitute "section 58 of the Public Governance, Performance
24
and Accountability Act 2013 (which deals with investment by the
25
Commonwealth)".
26
43 Paragraph 193G(1)(b)
27
Omit "section 39 of the Financial Management and Accountability Act
28
1997", substitute "section 58 of the Public Governance, Performance
29
and Accountability Act 2013 (which deals with investment by the
30
Commonwealth)".
31
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
137
44 Section 193K
1
Repeal the section, substitute:
2
193K Application of the Public Governance, Performance and
3
Accountability Act 2013
4
(1) Section 59 of the Public Governance, Performance and
5
Accountability Act 2013 (which deals with investment by corporate
6
Commonwealth entities) does not apply to the Indigenous Land
7
Corporation.
8
(2) The annual report prepared by the Indigenous Land Corporation
9
Board and given to the Minister under section 46 of the Public
10
Governance, Performance and Accountability Act 2013 must
11
include such additional information (if any) as is specified in the
12
regulations under this Act.
13
45 Subsection 200B(1)
14
Omit "Financial Management and Accountability Act 1997)", substitute
15
"Public Governance, Performance and Accountability Act 2013) of a
16
non-corporate Commonwealth entity (within the meaning of that Act)".
17
Aboriginal Land Grant (Jervis Bay Territory) Act 1986
18
46 Subsection 4(2) (note)
19
Repeal the note, substitute:
20
Note:
The Public Governance, Performance and Accountability Act 2013
21
applies to the Council. That Act deals with matters relating to
22
corporate Commonwealth entities, including reporting and the use and
23
management of public resources.
24
47 Section 4A
25
Repeal the section, substitute:
26
4A Accountable authority
27
For the purposes of the Public Governance, Performance and
28
Accountability Act 2013, the executive committee is the
29
accountable authority of the Council.
30
Schedule 7 Amendments of Acts starting with A
138
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
48 Paragraph 28(2)(a)
1
Omit "Commonwealth Authorities and Companies Act 1997", substitute
2
"Public Governance, Performance and Accountability Act 2013".
3
49 Section 33
4
Before "The", insert "(1)".
5
50 At the end of section 33
6
Add:
7
Note:
An executive member may also be removed from office under
8
section 30 of the Public Governance, Performance and Accountability
9
Act 2013 (which deals with terminating the appointment of an
10
accountable authority, or a member of an accountable authority, for
11
contravening general duties of officials).
12
(2) Section 30 of the Public Governance, Performance and
13
Accountability Act 2013 applies to an election of an executive
14
member under section 30 of this Act as if the election were an
15
appointment by the Minister.
16
51 Section 52
17
Omit "financial year", substitute "period".
18
52 Section 52
19
Omit "section 9 of the Commonwealth Authorities and Companies Act
20
1997 and the deadline is", substitute "section 46 of the Public
21
Governance, Performance and Accountability Act 2013, and the period
22
and deadline are".
23
Aboriginal Land (Lake Condah and Framlingham Forest)
24
Act 1987
25
53 Subsection 38(2)
26
Omit "Special Account for the purposes of the Financial Management
27
and Accountability Act 1997", substitute "special account for the
28
purposes of the Public Governance, Performance and Accountability
29
Act 2013".
30
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
139
Aboriginal Land Rights (Northern Territory) Act 1976
1
54 Subsection 22(1) (note)
2
Repeal the note, substitute:
3
Note:
The Public Governance, Performance and Accountability Act 2013
4
applies to a Land Council. That Act deals with matters relating to
5
corporate Commonwealth entities, including reporting and the use and
6
management of public resources.
7
55 Section 22A
8
Repeal the section.
9
56 Subsection 33(2)
10
Omit "Financial Management and Accountability Act 1997)", substitute
11
"Public Governance, Performance and Accountability Act 2013) of a
12
non-corporate Commonwealth entity (within the meaning of that Act)".
13
57 Subsection 33(3) (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
58 Subsection 34(3A)
17
Omit "section 14 of the Commonwealth Authorities and Companies Act
18
1997", substitute "section 36 of the Public Governance, Performance
19
and Accountability Act 2013".
20
59 Subsection 35(10)
21
Omit "section 39 of the Financial Management and Accountability Act
22
1997", substitute "section 58 of the Public Governance, Performance
23
and Accountability Act 2013".
24
60 Subsections 37(1) and (2)
25
Repeal the subsections, substitute:
26
(1) The annual report prepared for a Land Council and given to the
27
Minister under section 46 of the Public Governance, Performance
28
and Accountability Act 2013 for a period must also include the
29
matters set out in this section in relation to the period.
30
Schedule 7 Amendments of Acts starting with A
140
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Fees
1
(2) The report must specify:
2
(a) the total fees the Council received under section 33A of this
3
Act during that period for services the Council provided
4
under Part IV (whether in that period or the previous period);
5
and
6
(b) the total fees the Council received under section 33A of this
7
Act during that period for any other services the Council
8
provided (whether in that period or the previous period); and
9
(c) the total fees the Council received under section 33B of this
10
Act during that period.
11
61 Subsections 37(3), (4), (5), (6), (7) and (8)
12
Omit "that year" (wherever occurring), substitute "that period".
13
62 Paragraph 39(2)(b)
14
Repeal the paragraph, substitute:
15
(b) the Public Governance, Performance and Accountability Act
16
2013, or any legislative instruments made under that Act.
17
63 After section 53A
18
Insert:
19
53B Application of the Public Governance, Performance and
20
Accountability Act 2013
21
A Commissioner is not an official of a Commonwealth entity for
22
the purposes of the Public Governance, Performance and
23
Accountability Act 2013.
24
64 Subsection 62(2)
25
Omit "Special Account for the purposes of the Financial Management
26
and Accountability Act 1997", substitute "special account for the
27
purposes of the Public Governance, Performance and Accountability
28
Act 2013".
29
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
141
65 Paragraph 62A(2)(b)
1
Omit "section 39 of the Financial Management and Accountability Act
2
1997", substitute "section 58 of the Public Governance, Performance
3
and Accountability Act 2013".
4
66 Paragraph 64(1)(c)
5
Repeal the paragraph, substitute:
6
(c) any surplus specified in the most recent financial statements
7
given under paragraph 42(1)(b) of the Public Governance,
8
Performance and Accountability Act 2013.
9
67 Subsection 64B(1)
10
Before "Department", insert "Secretary of the".
11
68 Subsection 64B(2)
12
Repeal the subsection, substitute:
13
(2) The report must include:
14
(a) the financial statements required by section 42 of the Public
15
Governance, Performance and Accountability Act 2013 (as
16
that section applies because of subsection (4) of this section);
17
and
18
(b) an audit report on those statements under section 43 of that
19
Act (as that section applies because of subsection (4) of this
20
section).
21
69 At the end of section 64B
22
Add:
23
(4) Sections 42 and 43 (other than subsection 43(4)) of the Public
24
Governance, Performance and Accountability Act 2013 (which
25
deal with annual financial statements for Commonwealth entities
26
and audits of those statements), and rules made for the purposes of
27
those sections, apply in relation to the Account as if:
28
(a) the Account were a Commonwealth entity; and
29
(b) the Secretary of the Department were the accountable
30
authority of that Commonwealth entity.
31
Schedule 7 Amendments of Acts starting with A
142
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Administrative Appeals Tribunal Act 1975
1
70 At the end of section 24D
2
Add:
3
(4) However, the Registrar is not subject to direction by the President
4
in relation to the Registrar's performance of functions, or exercise
5
of powers, under the following Acts:
6
(a) the Public Governance, Performance and Accountability Act
7
2013;
8
(b) the Public Service Act 1999.
9
71 Section 24L
10
Before "The", insert "(1)".
11
72 At the end of section 24L
12
Add:
13
(2) The Registrar must give written notice to the President of all
14
material personal interests that the Registrar has that relate to the
15
affairs of the Tribunal.
16
(3) Section 29 of the Public Governance, Performance and
17
Accountability Act 2013 (which deals with the duty to disclose
18
interests) does not apply to the Registrar.
19
73 Subsection 24R(1)
20
Omit "and give to the Minister".
21
74 At the end of subsection 24R(1)
22
Add:
23
Note:
The annual report prepared by the Registrar and given to the Minister
24
under section 46 of the Public Governance, Performance and
25
Accountability Act 2013 may be included in the report prepared under
26
this section.
27
75 Subsection 24R(2)
28
Repeal the subsection, substitute:
29
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
143
(2) A report prepared after 30 June in a year must be given to the
1
Minister by 15 October of that year.
2
Administrative Decisions (Judicial Review) Act 1977
3
76 Subsection 3(1) (definition of Finance Minister)
4
Omit "Financial Management and Accountability Act 1997", substitute
5
"Public Governance, Performance and Accountability Act 2013".
6
77 Paragraphs (he), (hea) and (hf) of Schedule 1
7
Repeal the paragraphs, substitute:
8
(he) decisions under Part 2 of the Financial Framework
9
(Supplementary Powers) Act 1997;
10
(hf) decisions under the following provisions of the Public
11
Governance, Performance and Accountability Act 2013:
12
(i) section 15;
13
(ii) section 23;
14
(iii) section 85;
15
78 Paragraph (h) of Schedule 2
16
Repeal the paragraph, substitute:
17
(h) decisions under section 51 of the Public Governance,
18
Performance and Accountability Act 2013;
19
Aged Care (Bond Security) Act 2006
20
79 Subsection 6(1) (definition of Finance Minister)
21
Omit "Financial Management and Accountability Act 1997", substitute
22
"Public Governance, Performance and Accountability Act 2013".
23
Agricultural and Veterinary Chemicals (Administration) Act
24
1992
25
80 Section 4 (definition of Finance Minister)
26
Omit "Financial Management and Accountability Act 1997", substitute
27
"Public Governance, Performance and Accountability Act 2013".
28
Schedule 7 Amendments of Acts starting with A
144
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
81 Section 10A
1
Omit "Financial Management and Accountability Act 1997", substitute
2
"Public Governance, Performance and Accountability Act 2013".
3
82 Section 23
4
Repeal the section, substitute:
5
23 Disclosure of interests
6
(1) A disclosure by a Board member under
section 29 of the Public
7
Governance, Performance and Accountability Act 2013 (which
8
deals with the duty to disclose interests) must be made to:
9
(a) the Minister; and
10
(b) the Chief Executive Officer, if a meeting under section 26 of
11
this Act is considering, or is about to consider, a matter to
12
which the disclosure would be relevant.
13
(2) Subsection (1) applies in addition to any rules made for the
14
purposes of section 29 of the Public Governance, Performance and
15
Accountability Act 2013.
16
(3)
For the purposes of this Act and the Public Governance,
17
Performance and Accountability Act 2013, t
he Board member is
18
taken not to have complied with section 29 of that Act if the Board
19
member does not comply with subsection (1) of this section.
20
83 Subsections 26(8) and (9)
21
Repeal the subsections, substitute:
22
(8) The minutes of a meeting under this section must record:
23
(a) any disclosure referred to in paragraph 23(1)(b) relevant to a
24
matter considered, or about to be considered, at the meeting;
25
and
26
(b) any decision made by the Chief Executive Officer in relation
27
to the disclosure.
28
84 Subsections 27(5) and (6)
29
Repeal the subsections.
30
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
145
85 Paragraph 41A(e)
1
Omit "section 42", substitute "subsection 42(1)".
2
86 At the end of section 41A
3
Add:
4
Note:
The appointment of the Chief Executive Officer may also be
5
terminated under section 30 of the Public Governance, Performance
6
and Accountability Act 2013 (which deals with terminating the
7
appointment of an accountable authority, or a member of an
8
accountable authority, for contravening general duties of officials).
9
87 Section 42
10
Before "The", insert "(1)".
11
88 At the end of section 42
12
Add:
13
(2) Subsection (1) applies in addition to section 29 of the Public
14
Governance, Performance and Accountability Act 2013 (which
15
deals with the duty to disclose interests).
16
89 Sections 50, 51 and 52
17
Repeal the sections, substitute:
18
51 Approval of corporate plan
19
(1) The Chief Executive Officer must give a corporate plan, prepared
20
under section 35 of the Public Governance, Performance and
21
Accountability Act 2013, to the Minister for approval on or before:
22
(a) 1 June in each calendar year; or
23
(b) a later day in a particular calendar year, as allowed by the
24
Minister;
25
unless the Minister determines otherwise.
26
(2) The plan comes into force on the later of:
27
(a) if approval is required under subsection (1)--the day it is
28
approved by the Minister; and
29
(b) the first day of the period to which it relates.
30
Schedule 7 Amendments of Acts starting with A
146
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(3) Subsection 35(3) of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with the Australian
2
Government's key priorities and objectives) does not apply to a
3
corporate plan prepared by the Chief Executive Officer.
4
52 Variation of corporate plan
5
(1) The Chief Executive Officer may, at any time, review a corporate
6
plan and consider whether a variation to the plan is necessary.
7
(2) The Chief Executive Officer must, if requested by the Minister,
8
vary a corporate plan and give the variation to the Minister for
9
approval.
10
(3) The Chief Executive Officer may, with the approval of the
11
Minister, vary a corporate plan.
12
(4) A variation of a plan already in force takes effect on the day the
13
variation is approved.
14
(5) Despite subsection (3), the Minister's approval is not required for a
15
minor variation of the plan. A minor variation of a plan already in
16
force takes effect on the day the variation is made.
17
90 Subsection 55(1)
18
Omit "APVMA", substitute "Chief Executive Officer".
19
91 Paragraph 55(2)(b)
20
Omit "APVMA considers appropriate against which its performance",
21
substitute "Chief Executive Officer considers appropriate against which
22
the APVMA's performance".
23
92 Subsection 56(1)
24
Omit "APVMA" (wherever occurring), substitute "Chief Executive
25
Officer".
26
93 Subsection 56(3)
27
Omit "APVMA", substitute "Chief Executive Officer".
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
147
94 Subsection 56(3)
1
Omit "it", substitute "he or she".
2
95 Subsections 56(4) and 57(2)
3
Omit "APVMA", substitute "Chief Executive Officer".
4
Aircraft Noise Levy Collection Act 1995
5
96 Section 3 (definition of Finance Minister)
6
Omit "Financial Management and Accountability Act 1997", substitute
7
"Public Governance, Performance and Accountability Act 2013".
8
Airports (Transitional) Act 1996
9
97 Section 4 (definition of Finance Minister)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
Air Services Act 1995
13
98 Subsection 3(1) (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
99 Subsection 7(2) (note)
17
Repeal the note, substitute:
18
Note:
The Public Governance, Performance and Accountability Act 2013
19
applies to AA. That Act deals with matters relating to corporate
20
Commonwealth entities, including reporting and the use and
21
management of public resources.
22
100 Section 13
23
Omit "under section 17 of the Commonwealth Authorities and
24
Companies Act 1997", substitute "under section 35 of the Public
25
Governance, Performance and Accountability Act 2013".
26
Schedule 7 Amendments of Acts starting with A
148
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
101 Subsection 16(2)
1
Omit "financial year must be included in AA's annual report for that
2
year", substitute "period must be included in the annual report prepared
3
by the Board and given to the Minister under section 46 of the Public
4
Governance, Performance and Accountability Act 2013 for that period".
5
102 Subsection 16(6)
6
Omit "section 28 of the Commonwealth Authorities and Companies Act
7
1997", substitute "section 22 of the Public Governance, Performance
8
and Accountability Act 2013 (which deals with the application of
9
government policy to corporate Commonwealth entities)".
10
103 Subsection 17(3)
11
Repeal the subsection, substitute:
12
(3) In preparing a corporate plan under section 35 of the Public
13
Governance, Performance and Accountability Act 2013, the Board
14
must take account of notices given to AA under subsection (1).
15
104 Subsection 17(4)
16
Repeal the subsection (including the note), substitute:
17
(4) The annual report prepared by the Board and given to the Minister
18
under section 46 of the Public Governance, Performance and
19
Accountability Act 2013 for a period must include:
20
(a) a summary of notices given to AA under subsection (1) of
21
this section in that period; and
22
(b) a summary of action taken in that period by AA because of
23
notices given to AA under subsection (1) of this section in
24
that period or any other period.
25
105 Subsection 18(3)
26
Repeal the subsection, substitute:
27
(3) The annual report prepared by the Board and given to the Minister
28
under section 46 of the Public Governance, Performance and
29
Accountability Act 2013 for a period must include particulars of
30
any directions given to AA by the Minister under this section in
31
that period.
32
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
149
106 Paragraph 32(2)(c)
1
Omit "; or", substitute ".".
2
107 Paragraph 32(2)(d)
3
Repeal the paragraph.
4
108 At the end of subsection 32(2)
5
Add:
6
Note:
The appointment of an appointed member may also be terminated
7
under section 30 of the Public Governance, Performance and
8
Accountability Act 2013 (which deals with terminating the
9
appointment of an accountable authority, or a member of an
10
accountable authority, for contravening general duties of officials).
11
109 Paragraph 32(5)(b)
12
Repeal the paragraph, substitute:
13
(b) the members have failed to comply with section 19 of the
14
Public Governance, Performance and Accountability Act
15
2013;
16
110 Section 40
17
Before "The Board", insert "(1)".
18
111 At the end of section 40
19
Add:
20
(2) Section 30 of the Public Governance, Performance and
21
Accountability Act 2013 (which deals with terminating the
22
appointment of an accountable authority, or a member of an
23
accountable authority, for contravening general duties of officials)
24
does not apply in relation to the Chief Executive Officer despite
25
subsection 30(6) of that Act.
26
112 Section 51
27
Repeal the section, substitute:
28
Schedule 7 Amendments of Acts starting with A
150
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
51 Extra matters to be included in annual report
1
The annual report prepared by the Board and given to the Minister
2
under section 46 of the Public Governance, Performance and
3
Accountability Act 2013 for a period must include an assessment of
4
the adverse effect (if any) that meeting the non-commercial
5
commitments imposed on AA has had on AA's profitability during
6
the period.
7
Albury-Wodonga Development Act 1973
8
113 Subsection 3(1) (definition of Finance Minister)
9
Omit "Financial Management and Accountability Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
114 Subsection 9(1) (note)
12
Repeal the note, substitute:
13
Note:
The Public Governance, Performance and Accountability Act 2013
14
applies to the Corporation. That Act deals with matters relating to
15
corporate Commonwealth entities, including reporting and the use and
16
management of public resources.
17
115 Subparagraph 15(2)(f)(ii)
18
Omit "; or", substitute ";".
19
116 Paragraph 15(2)(g)
20
Repeal the paragraph.
21
117 At the end of subsection 15(2)
22
Add:
23
Note:
The appointment of an appointed member may also be terminated
24
under section 30 of the Public Governance, Performance and
25
Accountability Act 2013 (which deals with terminating the
26
appointment of an accountable authority, or a member of an
27
accountable authority, for contravening general duties of officials).
28
118 At the end of Part IVA
29
Add:
30
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
151
20BA Corporate plans
1
Section 35 of the Public Governance, Performance and
2
Accountability Act 2013 (which deals with corporate plans for
3
Commonwealth entities) does not apply in relation to the
4
Corporation.
5
119 Section 28
6
Before "The", insert "(1)".
7
120 At the end of section 28
8
Add:
9
(2) Subsection (1) does not prevent investment, under section 59 of the
10
Public Governance, Performance and Accountability Act 2013, of
11
money that is not immediately required for the purposes of the
12
Corporation.
13
121 Subsection 31B(1)
14
Omit "Financial Management and Accountability Act 1997)", substitute
15
"Public Governance, Performance and Accountability Act 2013) of a
16
non-corporate Commonwealth entity (within the meaning of that Act)".
17
A New Tax System (Australian Business Number) Act 1999
18
122 Subparagraphs 30(3)(c)(ii) and (d)(ii)
19
Repeal the subparagraphs, substitute:
20
(ii) the accountable authority of a non-corporate
21
Commonwealth entity within the meaning of the Public
22
Governance, Performance and Accountability Act 2013
23
for the purposes of carrying out functions conferred on
24
the entity by a law of the Commonwealth; or
25
A New Tax System (Luxury Car Tax) Act 1999
26
123 Section 27-1 (definition of Finance Minister)
27
Omit "Financial Management and Accountability Act 1997", substitute
28
"Public Governance, Performance and Accountability Act 2013".
29
Schedule 7 Amendments of Acts starting with A
152
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
A New Tax System (Wine Equalisation Tax) Act 1999
1
124 Section 33-1 (definition of Finance Minister)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
Archives Act 1983
5
125 Section 68
6
Repeal the section, substitute:
7
68 Annual Report by the Council
8
(1) The Council must, as soon as practicable after 30 June in each
9
year, prepare and give to the Minister a report concerning the
10
proceedings of the Council during the 12 months ending on that
11
day.
12
(2) The Minister must cause a copy of a report given under
13
subsection (1) to be laid before each House of the Parliament
14
within 15 sitting days of that House after the report is given.
15
Asbestos-related Claims (Management of Commonwealth
16
Liabilities) Act 2005
17
126 Subsection 3(1) (definition of Finance Minister)
18
Omit "Financial Management and Accountability Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
127 Subsection 13(3)
21
Omit "section 28 of the Commonwealth Authorities and Companies Act
22
1997", substitute "section 22 of the Public Governance, Performance
23
and Accountability Act 2013 (which deals with the application of
24
government policy to corporate Commonwealth entities)".
25
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
153
Asbestos Safety and Eradication Agency Act 2013
1
128 Section 5A
2
Before "The", insert "(1)".
3
129 At the end of section 5A
4
Add:
5
(2) The National Strategic Plan is taken to be a corporate plan for the
6
purposes of the Public Governance, Performance and
7
Accountability Act 2013.
8
130 Paragraph 12(1B)(a)
9
Omit "Financial Management and Accountability Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
131 Section 13
12
Repeal the section.
13
132 Section 20
14
Repeal the section.
15
133 Paragraph 23(f)
16
Repeal the paragraph, substitute:
17
(f) if the CEO fails, without reasonable excuse, to comply with
18
section 29 of the Public Governance, Performance and
19
Accountability Act 2013 (which deals with the duty to
20
disclose interests) or rules made for the purposes of that
21
section; or
22
134 Section 37
23
Repeal the section, substitute:
24
37 Recording disclosures of interests
25
(1) A disclosure by a Council member under
section 29 of the Public
26
Governance, Performance and Accountability Act 2013 (which
27
deals with the duty to disclose interests) to each other member of
28
the Council must be recorded:
29
Schedule 7 Amendments of Acts starting with A
154
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(a) in any advice provided, or recommendations made, to the
1
CEO by the Council; and
2
(b) in any guidelines issued to the CEO by the Council.
3
(2) Subsection (1) applies in addition to any rules made for the
4
purposes of that section.
5
(3) For the purposes of this Act and the Public Governance,
6
Performance and Accountability Act 2013,
t
he member is taken not
7
to have complied with section 29 of that Act if the disclosure is not
8
recorded as required by subsection (1) of this section.
9
135 Paragraph 40(e)
10
Repeal the paragraph, substitute:
11
(e) if the member fails, without reasonable excuse, to comply
12
with section 29 of the Public Governance, Performance and
13
Accountability Act 2013 (which deals with the duty to
14
disclose interests) or rules made for the purposes of that
15
section.
16
136 Paragraph 41A(2)(a)
17
Omit "section 37", substitute "rules made for the purposes of section 29
18
of the Public Governance, Performance and Accountability Act 2013".
19
137 Part 6 (heading)
20
Repeal the heading, substitute:
21
Part 6--Planning
22
138 Division 1 of Part 6 (heading)
23
Repeal the heading.
24
139 Subsection 42(1)
25
Omit "Agency", substitute "CEO".
26
140 Subsection 42(4)
27
Repeal the subsection.
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
155
141 Subsection 43(1)
1
Omit "Agency" (wherever occurring), substitute "CEO".
2
142 Subsection 44(1)
3
Omit "Agency may, on its own initiative", substitute "CEO may, on his
4
or her own initiative".
5
143 Subsection 44(2)
6
Omit "Agency", substitute "CEO".
7
144 Division 2 of Part 6
8
Repeal the Division.
9
Australia Council Act 2013
10
145 Section 3 (paragraph relating to Part 6)
11
Repeal the paragraph, substitute:
12
Part 6 deals with corporate plans.
13
146 Section 4 (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
147 Subsection 8(1) (note)
17
Repeal the note, substitute:
18
Note:
The Public Governance, Performance and Accountability Act 2013
19
applies to the Council. That Act deals with matters relating to
20
corporate Commonwealth entities, including reporting and the use and
21
management of public resources.
22
148 Paragraph 11(a)
23
Omit "Commonwealth Government", substitute "Australian
24
Government".
25
Schedule 7 Amendments of Acts starting with A
156
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
149 Subsection 12(4)
1
Omit "section 16 of the Commonwealth Authorities and Companies Act
2
1997", substitute "section 19 of the Public Governance, Performance
3
and Accountability Act 2013 (which deals with the duty to keep the
4
responsible Minister and Finance Minister informed)".
5
150 Paragraph 22(2)(b)
6
Repeal the paragraph.
7
151 At the end of subsection 22(2)
8
Add:
9
Note:
The appointment of an appointed Board member may also be
10
terminated under section 30 of the Public Governance, Performance
11
and Accountability Act 2013 (which deals with terminating the
12
appointment of an accountable authority, or a member of an
13
accountable authority, for contravening general duties of officials).
14
152 Paragraph 25(2)(a)
15
Omit "section 27J of the Commonwealth Authorities and Companies
16
Act 1997", substitute "rules made for the purposes of section 29 of the
17
Public Governance, Performance and Accountability Act 2013".
18
153 Section 29
19
Omit "Commonwealth Authorities and Companies Act 1997", substitute
20
"Public Governance, Performance and Accountability Act 2013".
21
154 Paragraph 41(1)(f)
22
Repeal the paragraph.
23
155 At the end of subsection 41(1)
24
Add:
25
Note:
The appointment of the CEO may also be terminated under section 30
26
of the Public Governance, Performance and Accountability Act 2013
27
(which deals with terminating the appointment of an accountable
28
authority, or a member of an accountable authority, for contravening
29
general duties of officials).
30
156 Section 45
31
Repeal the section, substitute:
32
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
157
45 Corporate Plan
1
(1) A corporate plan prepared by the Board under section 35 of the
2
Public Governance, Performance and Accountability Act 2013
3
must include details of the following:
4
(a) the investment and financing programs of the Council,
5
including strategies for managing financial risk;
6
(b) the financial targets and projections for the Council;
7
(c) an analysis of factors likely to affect achievement of targets
8
or create significant financial risk for the Council or for the
9
Commonwealth;
10
(d) a review of the Council's performance since the start of the
11
year previous to the year in which the plan is prepared,
12
measured against the most recent plan for any part of that
13
period;
14
(e) such other matters (if any) as the Minister directs.
15
(2) The Board must give a copy of the plan to the Minister, before the
16
start of the period covered by the plan, for the Minister's approval.
17
(3) If the Board varies the plan, the Board must give a copy of the
18
variation to the Minister for the Minister's approval.
19
(4) The plan, or a variation of the plan, does not take effect unless the
20
Minister approves it.
21
157 Subsection 47(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 the
26
Council.
27
158 Subsection 48(2)
28
Repeal the subsection, substitute:
29
(2) Paragraphs (1)(a) and (b) do not apply to transactions in the course
30
of the exercise of the Council's powers under paragraph 10(2)(g)
31
or (h).
32
Schedule 7 Amendments of Acts starting with A
158
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
159 Subsection 48(4)
1
Omit "section 28A of the Commonwealth Authorities and Companies
2
Act 1997", substitute "section 57 of the Public Governance,
3
Performance and Accountability Act 2013 (which deals with borrowing
4
by corporate Commonwealth entities)".
5
160 Section 49
6
Repeal the section, substitute:
7
49 Investment
8
(1) The Council may invest money, under paragraph 10(2)(g), in the
9
course of the direct performance of its functions.
10
Note:
Paragraph 10(2)(g) gives the Council power to make investments, but
11
only as a means of providing financial assistance. It does not give the
12
Council a general power to make investments.
13
(2) Subsection (1) applies in addition to investment, under section 59
14
of the Public Governance, Performance and Accountability Act
15
2013, of money that is not immediately required for the purposes
16
of the Council.
17
161 Section 51
18
Repeal the section, substitute:
19
51 Extra reporting requirements
20
(1) The annual report prepared by the Board and given to the Minister
21
under section 46 of the Public Governance, Performance and
22
Accountability Act 2013 for a period must include particulars of:
23
(a) the text of any directions given during that period under
24
subsection 12(1) or 24(3) or paragraph 45(1)(e); and
25
(b) details of any guarantees given by the Council during that
26
period.
27
(2) The Minister must cause any report or financial statements that the
28
Board gives the Minister under paragraph 19(1)(b) of the Public
29
Governance, Performance and Accountability Act 2013 to be
30
tabled in each House of the Parliament as soon as practicable.
31
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
159
Australian Aged Care Quality Agency Act 2013
1
162 Section 13 (note)
2
Repeal the note, substitute:
3
Note:
The use and management of public resources must comply with the
4
requirements in the Public Governance, Performance and
5
Accountability Act 2013.
6
163 Section 22
7
Repeal the section.
8
164 Subparagraph 25(1)(b)(iv)
9
Repeal the subparagraph, substitute:
10
(iv) fails, without reasonable excuse, to comply with
11
section 29 of the Public Governance, Performance and
12
Accountability Act 2013 (which deals with the duty to
13
disclose interests) or rules made for the purposes of that
14
section.
15
165 Part 5 (heading)
16
Repeal the heading, substitute:
17
Part 5--Corporate and annual operational plans
18
166 Section 43
19
Repeal the section, substitute:
20
43 Consulting on corporate plans
21
In preparing a corporate plan under section 35 of the Public
22
Governance, Performance and Accountability Act 2013, the CEO
23
must consult the Minister and the Advisory Council.
24
167 Sections 46 and 47
25
Repeal the sections, substitute:
26
Schedule 7 Amendments of Acts starting with A
160
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
47 Annual report
1
The annual report prepared by the CEO and given to the Minister
2
under section 46 of the Public Governance, Performance and
3
Accountability Act 2013 for a period must include:
4
(a) an assessment of the extent to which the Quality Agency's
5
operations during the period have contributed to the priorities
6
set out in the annual operational plan for the period; and
7
(b) particulars of any variations of the annual operational plan
8
during the period; and
9
(c) an evaluation of the Quality Agency's overall performance
10
during the period against the performance indicators set out
11
in the annual operational plan for the period.
12
Australian Broadcasting Corporation Act 1983
13
168 Subsection 3(1) (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
169 Subsection 5(1) (note)
17
Repeal the note, substitute:
18
Note:
The Public Governance, Performance and Accountability Act 2013
19
applies to the Corporation. That Act deals with matters relating to
20
corporate Commonwealth entities, including reporting and the use and
21
management of public resources.
22
170 Subsection 13A(1) (note)
23
Repeal the note, substitute:
24
Note:
As a member of the Board, the staff-elected Director is a member of
25
the accountable authority of the Corporation for the purposes of the
26
Public Governance, Performance and Accountability Act 2013 (see
27
section 12 of that Act).
28
171 Paragraph 18(2)(a)
29
Repeal the paragraph, substitute:
30
(a) a non-executive Director becomes bankrupt, takes steps to
31
take the benefit of any law for the relief of bankrupt or
32
insolvent debtors, compounds with one or more of his or her
33
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
161
creditors or makes an assignment of his or her remuneration
1
for the benefit of one or more of his or her creditors; or
2
172 At the end of subsection 18(2)
3
Add:
4
Note:
The appointment of a non-executive director (other than the
5
staff-elected Director) may also be terminated under section 30 of the
6
Public Governance, Performance and Accountability Act 2013 (which
7
deals with terminating the appointment of an accountable authority, or
8
a member of an accountable authority, for contravening general duties
9
of officials).
10
173 Subsection 25A(2) (note)
11
Repeal the note, substitute:
12
Note:
Section 19 of the Public Governance, Performance and Accountability
13
Act 2013 requires the accountable authority of a Commonwealth entity
14
to keep the Minister informed of the activities of the entity and any of
15
its subsidiaries.
16
174 Section 31A
17
Repeal the section.
18
175 Section 31B
19
Repeal the section, substitute:
20
31B Matters to be included in corporate plans
21
(1) Each corporate plan prepared by the Board under section 35 of the
22
Public Governance, Performance and Accountability Act 2013
23
must:
24
(a) outline the overall strategies and policies that the Corporation
25
and its subsidiaries are to follow to ensure that the Board
26
fulfils its duties under section 8; and
27
(b) include a forecast of the revenue and expenditure of the
28
Corporation and its subsidiaries, including a forecast of
29
capital expenditure and borrowings; and
30
(c) include such other matters as are prescribed in the regulations
31
made for the purposes of this Act.
32
Schedule 7 Amendments of Acts starting with A
162
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) Subsection 35(3) of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with the Australian
2
Government's key priorities and objectives) does not apply to a
3
corporate plan prepared by the Board.
4
(3) In this section:
5
subsidiary means a prescribed company within the meaning of
6
section 25A of this Act that the Corporation controls.
7
(4) For the purposes of the application of section 35 of the Public
8
Governance, Performance and Accountability Act 2013 in relation
9
to the Corporation, subsidiary is taken to have the meaning given
10
by subsection (3) of this section, despite the definition of
11
subsidiary in section 8 of that Act.
12
176 Section 31C
13
Omit "prepares or".
14
177 At the end of section 31C
15
Add:
16
Note:
A corporate plan must be given to the responsible Minister and the
17
Finance Minister under subsection 35(1) of the Public Governance,
18
Performance and Accountability Act 2013.
19
178 Section 31D
20
Repeal the section.
21
179 Subsection 68(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 the
26
Corporation.
27
180 Subsection 71A(1)
28
Omit "Financial Management and Accountability Act 1997)", substitute
29
"Public Governance, Performance and Accountability Act 2013) of a
30
non-corporate Commonwealth entity (within the meaning of that Act)".
31
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
163
181 Subsection 78(7)
1
Omit "sections 28 and 48A of the Commonwealth Authorities and
2
Companies Act 1997 do not apply", substitute "section 22 of the Public
3
Governance, Performance and Accountability Act 2013 (which deals
4
with the application of government policy to corporate Commonwealth
5
entities) does not apply".
6
182 Section 80
7
Omit "prepared under section 9 of the Commonwealth Authorities and
8
Companies Act 1997", substitute "given to the Minister under
9
section 46 of the Public Governance, Performance and Accountability
10
Act 2013 for a period".
11
183 Paragraphs 80(a) and (b)
12
Omit "the year to which the report relates", substitute "the period".
13
184 Paragraphs 80(c), (ca), (d), (daa), (e), (f) and (g)
14
Omit "that year", substitute "the period".
15
185 Paragraph 80(i)
16
Repeal the paragraph.
17
186 Paragraphs 80(j), (k) and (l)
18
Omit "year", substitute "period".
19
Australian Bureau of Statistics Act 1975
20
187 Section 24
21
Repeal the section, substitute:
22
24 Annual report on the Council
23
(1) The Council must, as soon as practicable after 30 June in each
24
year, prepare and submit to the Minister, for presentation to the
25
Parliament, a report relating to matters connected with the
26
operation of this Act.
27
Schedule 7 Amendments of Acts starting with A
164
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) The Minister must cause a copy of the report to be laid before each
1
House of the Parliament within 15 sitting days of that House after
2
its receipt by the Minister.
3
Australian Capital Territory (Planning and Land
4
Management) Act 1988
5
188 Paragraph 41(2)(d)
6
Omit "section 42;", substitute "subsection 42(1), (2) or (3); or".
7
189 After paragraph 41(2)(d)
8
Insert:
9
(e) in the case of the Chairperson--the Chairperson fails,
10
without reasonable excuse, to comply with section 29 of the
11
Public Governance, Performance and Accountability Act
12
2013 (which deals with the duty to disclose interests) or rules
13
made for the purposes of that section;
14
190 At the end of section 42
15
Add:
16
(4) Subsections (1) to (3) apply to the Chairperson in addition to
17
section 29 of the Public Governance, Performance and
18
Accountability Act 2013 (which deals with the duty to disclose
19
interests).
20
191 Section 50
21
Repeal the section.
22
192 Section 56 (definition of Finance Minister)
23
Omit "Financial Management and Accountability Act 1997", substitute
24
"Public Governance, Performance and Accountability Act 2013".
25
Australian Capital Territory (Self-Government) Act 1988
26
193 Section 3 (definition of Finance Minister)
27
Omit "Financial Management and Accountability Act 1997", substitute
28
"Public Governance, Performance and Accountability Act 2013".
29
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
165
Australian Centre for International Agricultural Research
1
Act 1982
2
194 Paragraph 16A(2)(c)
3
Repeal the paragraph, substitute:
4
(c) the Commissioner fails, without reasonable excuse, to
5
comply with section 29 of the Public Governance,
6
Performance and Accountability Act 2013 (which deals with
7
the duty to disclose interests) or rules made for the purposes
8
of that section.
9
195 Section 16B
10
Repeal the section, substitute:
11
16B Disclosure of interests
12
(1) A disclosure by a Commissioner under
section 29 of the Public
13
Governance, Performance and Accountability Act 2013 (which
14
deals with the duty to disclose interests) must be made to the
15
Minister.
16
(2) Subsection (1) applies in addition to any rules made for the
17
purposes of that section.
18
(3)
For the purposes of this Act and the Public Governance,
19
Performance and Accountability Act 2013, t
he Commissioner is
20
taken not to have complied with section 29 of that Act if the
21
Commissioner does not comply with this section.
22
196 Paragraph 29C(2)(d)
23
Repeal the paragraph, substitute:
24
(d) the CEO fails, without reasonable excuse, to comply with
25
section 29 of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with the duty to
27
disclose interests) or rules made for the purposes of that
28
section.
29
197 Section 29D
30
Repeal the section.
31
Schedule 7 Amendments of Acts starting with A
166
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
198 Paragraph 29E(a)
1
Omit "Financial Management and Accountability Act 1997", substitute
2
"Public Governance, Performance and Accountability Act 2013".
3
199 Subsection 33(2)
4
Omit "Special Account for the purposes of the Financial Management
5
and Accountability Act 1997", substitute "special account for the
6
purposes of the Public Governance, Performance and Accountability
7
Act 2013".
8
200 Section 34 (note)
9
Omit "Special Account if any of the purposes of the Account",
10
substitute "special account if any of the purposes of the special
11
account".
12
201 Section 39
13
Repeal the section, substitute:
14
39 Annual report
15
The annual report prepared by the CEO and given to the Minister
16
under section 46 of the Public Governance, Performance and
17
Accountability Act 2013 for a period must include:
18
(a) particulars of all directions given during the period by the
19
Minister to the CEO under section 5A of this Act; and
20
(b) particulars of all directions given during the period by the
21
Minister to the Commission under section 16K of this Act.
22
Australian Civilian Corps Act 2011
23
202 Subparagraph 27(1)(c)(i)
24
Omit "Commonwealth Authorities and Companies Act 1997", substitute
25
"Public Governance, Performance and Accountability Act 2013".
26
Australian Communications and Media Authority Act 2005
27
203 Sections 29 and 30
28
Repeal the sections, substitute:
29
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
167
29 Disclosure of interests
1
(1) A disclosure by a member or associate member under
section 29 of
2
the 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, t
he member or
9
associate member is taken not to have complied with section 29 of
10
that Act if he or she does not comply with subsection (1) of this
11
section.
12
(4) The Chair must inform the Minister if the members of the ACMA
13
agree, in accordance with any rules made for the purposes of
14
section 29 of the Public Governance, Performance and
15
Accountability Act 2013, to a member or associate member doing
16
something that, apart from that agreement, the member or associate
17
member would be prevented by those rules from doing.
18
204 Paragraph 34(4)(b)
19
Repeal the paragraph, substitute:
20
(b) the member or associate member fails, without reasonable
21
excuse, to comply with section 29 of the Public Governance,
22
Performance and Accountability Act 2013 (which deals with
23
the duty to disclose interests) or rules made for the purposes
24
of that section.
25
205 Paragraph 39(2)(a)
26
Omit "section 30 prevents", substitute "rules made for the purposes of
27
section 29 of the Public Governance, Performance and Accountability
28
Act 2013 prevent".
29
206 Subsection 40(2)
30
Omit "section 30", substitute "rules made for the purposes of section 29
31
of the Public Governance, Performance and Accountability Act 2013".
32
Schedule 7 Amendments of Acts starting with A
168
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
207 Subsection 44(3)
1
Omit "section 30", substitute "rules made for the purposes of section 29
2
of the Public Governance, Performance and Accountability Act 2013".
3
208 Subparagraph 47(1)(c)(i)
4
Omit "section 30 prevents", substitute "rules made for the purposes of
5
section 29 of the Public Governance, Performance and Accountability
6
Act 2013 prevent".
7
209 Paragraph 47(3)(a)
8
Omit "section 30, or any other", substitute "rules made for the purposes
9
of section 29 of the Public Governance, Performance and
10
Accountability Act 2013, or any".
11
210 Subsection 48(3)
12
Omit "section 30", substitute "rules made for the purposes of section 29
13
of the Public Governance, Performance and Accountability Act 2013".
14
211 Subsection 55(2)
15
Repeal the subsection, substitute:
16
(2) In this section:
17
authority of the Commonwealth means:
18
(a) a Commonwealth entity within the meaning of the Public
19
Governance, Performance and Accountability Act 2013; or
20
(b) a Commonwealth company within the meaning of the Public
21
Governance, Performance and Accountability Act 2013; or
22
(c) any other body established for a public purpose by or under a
23
law of the Commonwealth.
24
212 Section 56
25
Repeal the section, substitute:
26
56 Corporate plans
27
(1) A corporate plan prepared by the Chair under section 35 of the
28
Public Governance, Performance and Accountability Act 2013
29
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
169
must include details of such other matters (if any) as the Minister
1
requires.
2
(2) The Minister may give the Chair written guidelines that are to be
3
used by the Chair in deciding whether a matter is covered by
4
subsection (1).
5
213 Section 57
6
Repeal the section, substitute:
7
57 Annual reports
8
The annual report prepared by the Chair and given to the Minister
9
under section 46 of the Public Governance, Performance and
10
Accountability Act 2013 for a period must include:
11
(a) a copy of each direction given to the ACMA under section 14
12
during the period; and
13
(b) if:
14
(i) the ACMA gave an instrument to a carrier or to a
15
carriage service provider under section 581 of the
16
Telecommunications Act 1997 during the period; and
17
(ii) in the ACMA's opinion, the instrument does not contain
18
confidential information;
19
a copy of the instrument; and
20
(c) in relation to each instrument the ACMA gave as mentioned
21
in subparagraph (b)(i) and that, in the ACMA's opinion,
22
contains confidential information:
23
(i) if, in the ACMA's opinion, part of the instrument can be
24
reproduced in the annual report without disclosing
25
confidential information--a copy of that part; and
26
(ii) if subparagraph (i) does not apply--a statement
27
specifying the instrument and the carrier or carriage
28
service provider to which, and the day on which, it was
29
given; and
30
(iii) a statement that, because of confidential information
31
contained in the instrument, or in a part of it, as the case
32
requires, the instrument or part is not reproduced in the
33
annual report; and
34
Schedule 7 Amendments of Acts starting with A
170
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(iv) a note summarising so much of the instrument as is not
1
so reproduced, but without disclosing any information
2
that, in the ACMA's opinion, is confidential; and
3
(d) a report on:
4
(i) the number and types of complaints made under Part 26
5
of the Telecommunications Act 1997 during the period;
6
and
7
(ii) the investigations conducted under Part 26 of that Act
8
during the period as a result of complaints made under
9
Part 26 of that Act; and
10
(iii) the results of those investigations; and
11
(e) a report on the operation of Part 6 of the Telecommunications
12
Act 1997 during the period; and
13
(f) a report setting out statistical information relating to
14
information or documents disclosed under Division 3 of
15
Part 13 of the Telecommunications Act 1997, where the
16
disclosure:
17
(i) occurred during the period; and
18
(ii) is covered by a report given to the ACMA under
19
section 308 of the Telecommunications Act 1997.
20
214 Section 63
21
Omit "Financial Management and Accountability Act 1997", substitute
22
"Public Governance, Performance and Accountability Act 2013".
23
Australian Crime Commission Act 2002
24
215 Section 41
25
Repeal the section, substitute:
26
41 Disclosure of interests
27
(1) A disclosure by the CEO under
section 29 of the Public
28
Governance, Performance and Accountability Act 2013 (which
29
deals with the duty to disclose interests) must be made to the Chair
30
of the Board.
31
(2) Subsection (1) applies in addition to any rules made for the
32
purposes of that section.
33
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
171
(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
216 Paragraph 44(2)(c)
5
Repeal the paragraph, substitute:
6
(c) the CEO fails, without reasonable excuse, to comply with
7
section 29 of the Public Governance, Performance and
8
Accountability Act 2013 (which deals with the duty to
9
disclose interests) or rules made for the purposes of that
10
section; or
11
217 Section 46F
12
Repeal the section, substitute:
13
46F Disclosure of interests
14
(1) A disclosure by an examiner under
section 29 of the Public
15
Governance, Performance and Accountability Act 2013 (which
16
deals with the duty to disclose interests) must be made to the CEO.
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,
t
he examiner is taken
21
not to have complied with section 29 of that Act if the examiner
22
does not comply with subsection (1) of this section.
23
218 Paragraph 46H(2)(c)
24
Repeal the paragraph, substitute:
25
(c) the examiner fails, without reasonable excuse, to comply
26
with section 29 of the Public Governance, Performance and
27
Accountability Act 2013 (which deals with the duty to
28
disclose interests) or rules made for the purposes of that
29
section; or
30
219 Section 61 (heading)
31
Repeal the heading, substitute:
32
Schedule 7 Amendments of Acts starting with A
172
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
61 Annual report by the Chair of the Board
1
220 After section 61
2
Insert:
3
61AA Corporate plans
4
Subsection 35(3) of the Public Governance, Performance and
5
Accountability Act 2013 (which deals with the Australian
6
Government's key priorities and objectives) does not apply to a
7
corporate plan prepared by the CEO.
8
Australian Curriculum, Assessment and Reporting Authority
9
Act 2008
10
221 Section 3 (definition of Finance Minister)
11
Omit "Commonwealth Authorities and Companies Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
222 Subsection 5(2) (note)
14
Repeal the note, substitute:
15
Note:
The Public Governance, Performance and Accountability Act 2013
16
applies to the Australian Curriculum, Assessment and Reporting
17
Authority. That Act deals with matters relating to corporate
18
Commonwealth entities, including reporting and the use and
19
management of public resources.
20
223 Paragraph 7(2)(b)
21
Repeal the paragraph, substitute:
22
(b) the Public Governance, Performance and Accountability Act
23
2013, or any rules or other instruments made under that Act.
24
224 Paragraph 19(2)(b)
25
Repeal the paragraph.
26
225 At the end of subsection 19(2)
27
Add:
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
173
Note:
The appointment of a member may also be terminated under
1
section 30 of the Public Governance, Performance and Accountability
2
Act 2013 (which deals with terminating the appointment of an
3
accountable authority, or a member of an accountable authority, for
4
contravening general duties of officials).
5
226 Paragraph 21(3)(a)
6
Omit "section 27J of the Commonwealth Authorities and Companies
7
Act 1997", substitute "rules made for the purposes of section 29 of the
8
Public Governance, Performance and Accountability Act 2013".
9
227 Subsection 21(10)
10
Omit "Commonwealth Authorities and Companies Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
228 Section 30
13
Repeal the section, substitute:
14
30 Disclosure of interests
15
(1) A disclosure by the CEO under
section 29 of the Public
16
Governance, Performance and Accountability Act 2013 (which
17
deals with the duty to disclose interests) must be made to the
18
Minister and the Board.
19
(2) Subsection (1) applies in addition to any rules made for the
20
purposes of that section.
21
(3) For the purposes of this Act and the Public Governance,
22
Performance and Accountability Act 2013, the CEO is taken not to
23
have complied with section 29 of that Act if the CEO does not
24
comply with subsection (1) of this section.
25
229 Paragraph 32(3)(d)
26
Repeal the paragraph, substitute:
27
(d) the CEO fails, without reasonable excuse, to comply with
28
section 29 of the Public Governance, Performance and
29
Accountability Act 2013 (which deals with the duty to
30
disclose interests) or rules made for the purposes of that
31
section.
32
Schedule 7 Amendments of Acts starting with A
174
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
230 Subsection 38(3)
1
Repeal the subsection, substitute:
2
(3) Subsection (2) does not prevent investment, under section 59 of the
3
Public Governance, Performance and Accountability Act 2013, of
4
money that is not immediately required for the purposes of the
5
Australian Curriculum, Assessment and Reporting Authority.
6
231 After section 43
7
Insert:
8
43A Corporate plans
9
Subsection 35(3) of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with the Australian
11
Government's key priorities and objectives) does not apply to a
12
corporate plan prepared by the Board.
13
Australian Federal Police Act 1979
14
232 Subsection 4(1) (definition of Finance Minister)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
233 Subsection 37(6)
18
Repeal the subsection.
19
234 Section 67
20
Repeal the section, substitute:
21
67 Annual reports
22
The annual report prepared by the Commissioner and given to the
23
Minister under section 46 of the Public Governance, Performance
24
and Accountability Act 2013 for a period must include particulars
25
of:
26
(a) the AFP conduct issues that were dealt with under Part V of
27
this Act during that period; and
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
175
(b) the action that was taken, during that period, in relation to
1
AFP conduct issues that were dealt with under Division 3 of
2
Part V of this Act.
3
Australian Film, Television and Radio School Act 1973
4
235 Section 3 (definition of Finance Minister)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
236 Subsection 4(2) (note)
8
Repeal the note, substitute:
9
Note:
The Public Governance, Performance and Accountability Act 2013
10
applies to the School. That Act deals with matters relating to corporate
11
Commonwealth entities, including reporting and the use and
12
management of public resources.
13
237 Section 18
14
Before "If", insert "(1)".
15
238 Paragraph 18(b)
16
Omit "; or", substitute ";".
17
239 Paragraph 18(c)
18
Repeal the paragraph.
19
240 At the end of section 18
20
Add:
21
Note:
A member can also be removed from office under section 30 of the
22
Public Governance, Performance and Accountability Act 2013 (which
23
deals with terminating the appointment of an accountable authority, or
24
a member of an accountable authority, for contravening general duties
25
of officials).
26
(2) Section 30 of the Public Governance, Performance and
27
Accountability Act 2013 applies to an election of a member under
28
paragraph 8(1)(b) or (c) of this Act as if the election were an
29
appointment by the Council.
30
Schedule 7 Amendments of Acts starting with A
176
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note:
This enables the Council to remove from office an elected member if
1
the member fails to comply with the general duties of officials under
2
the Public Governance, Performance and Accountability Act 2013.
3
241 Paragraph 29(1)(b)
4
Omit "; or", substitute ";".
5
242 Paragraph 29(1)(c)
6
Repeal the paragraph.
7
243 At the end of subsection 29(2)
8
Add:
9
Note:
The Director may also be removed from office under section 30 of the
10
Public Governance, Performance and Accountability Act 2013 (which
11
deals with terminating the appointment of an accountable authority, or
12
a member of an accountable authority, for contravening general duties
13
of officials).
14
244 Subsection 39(1A)
15
Repeal the subsection, substitute:
16
(1A) Subsection (1) does not prevent investment, under section 59 of the
17
Public Governance, Performance and Accountability Act 2013, of
18
money that is not immediately required for the purposes of the
19
School.
20
Australian Hearing Services Act 1991
21
245 Subsection 4(1) (definition of Finance Minister)
22
Omit "Financial Management and Accountability Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
246 Subsection 7(2) (note)
25
Repeal the note, substitute:
26
Note:
The Public Governance, Performance and Accountability Act 2013
27
applies to the Authority. That Act deals with matters relating to
28
corporate Commonwealth entities, including reporting and the use and
29
management of public resources.
30
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
177
247 Subsection 12(4)
1
Repeal the subsection, substitute:
2
(4) This section does not affect the application, in relation to the
3
Authority, of section 22 of the Public Governance, Performance
4
and Accountability Act 2013 (which deals with the application of
5
government policy to corporate Commonwealth entities).
6
248 Paragraph 31(2)(b)
7
Omit "of this Act or section 27F or 27J of the Commonwealth
8
Authorities and Companies Act 1997".
9
249 At the end of subsection 31(2)
10
Add:
11
Note:
The appointment of an appointed Director may also be terminated
12
under section 30 of the Public Governance, Performance and
13
Accountability Act 2013 (which deals with terminating the
14
appointment of an accountable authority, or a member of an
15
accountable authority, for contravening general duties of officials).
16
250 Sections 36 and 37
17
Repeal the sections, substitute:
18
36 Corporate plans
19
A corporate plan that the Board must give to the Minister and
20
Finance Minister under section 35 of the Public Governance,
21
Performance and Accountability Act 2013, must be given at least
22
60 days before the start of the first reporting period to which the
23
plan relates.
24
37 Financial plans
25
When the Board gives the Minister and Finance Minister a copy of
26
the corporate plan, it must also give the Minister and Finance
27
Minister a copy of a financial plan that includes, in relation to each
28
year covered by the corporate plan:
29
(a) such performance information as the Board thinks
30
appropriate; and
31
(b) estimates of receipts and expenditure.
32
Schedule 7 Amendments of Acts starting with A
178
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
251 Paragraph 46(2)(b)
1
Omit "of this Act or section 27F or 27J of the Commonwealth
2
Authorities and Companies Act 1997".
3
252 At the end of subsection 46(2)
4
Add:
5
Note:
The appointment of the Managing Director may also be terminated
6
under section 30 of the Public Governance, Performance and
7
Accountability Act 2013 (which deals with terminating the
8
appointment of an accountable authority, or a member of an
9
accountable authority, for contravening general duties of officials).
10
253 Subsection 52(3)
11
Repeal the subsection, substitute:
12
(3) Subsection (2) does not prevent investment, under section 59 of the
13
Public Governance, Performance and Accountability Act 2013, of
14
money that is not immediately required for the purposes of the
15
Authority.
16
254 Subsection 60(1)
17
Omit "(1) The", substitute "The".
18
255 Paragraph 60(1)(b)
19
Omit "referred to in subsection 18(2) of the Commonwealth Authorities
20
and Companies Act 1997".
21
256 Subsection 63B(1)
22
Omit "Financial Management and Accountability Act 1997)", substitute
23
"Public Governance, Performance and Accountability Act 2013) of a
24
non-corporate Commonwealth entity (within the meaning of that Act)".
25
Australian Human Rights Commission Act 1986
26
257 Subsection 13(1)
27
Omit "(1) The", substitute "The".
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
179
258 Subsection 13(2)
1
Repeal the subsection.
2
259 Paragraph 41(2)(e)
3
Repeal the paragraph, substitute:
4
(e) a member fails, without reasonable excuse, to comply with
5
section 29 of the Public Governance, Performance and
6
Accountability Act 2013 (which deals with the duty to
7
disclose interests) or rules made for the purposes of that
8
section;
9
260 Section 42
10
Repeal the section.
11
261 Section 45
12
Repeal the section, substitute:
13
45 Annual report
14
The annual report prepared by the President and given to the
15
Minister under section 46 of the Public Governance, Performance
16
and Accountability Act 2013 for a period must cover the
17
Commission's operations during the period under:
18
(a) this Act or any other enactment; or
19
(b) any State enactment.
20
262 Division 6 of Part II
21
Repeal the Division, substitute:
22
Division 6--Corporate plan
23
46AA Corporate plan
24
In performing its duties and functions, the Commission must take
25
account of the corporate plan prepared by the President under
26
section 35 of the Public Governance, Performance and
27
Accountability Act 2013 that is in force.
28
Schedule 7 Amendments of Acts starting with A
180
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Australian Information Commissioner Act 2010
1
263 Paragraph 8(j)
2
Omit "annual reports under", substitute "the annual reports mentioned
3
in".
4
264 Paragraph 20(2)(d)
5
Repeal the paragraph, substitute:
6
(d) the information officer fails, without reasonable excuse, to
7
comply with section 29 of the Public Governance,
8
Performance and Accountability Act 2013 (which deals with
9
the duty to disclose interests) or rules made for the purposes
10
of that section.
11
265 Section 22
12
Repeal the section, substitute:
13
22 Disclosure of interests
14
(1) A disclosure by an information officer under section 29 of the
15
Public Governance, Performance and Accountability Act 2013
16
(which deals with the duty to disclose interests) must be made to
17
the Minister.
18
(2) Subsection (1) applies in addition to any rules made for the
19
purposes of that section.
20
(3) For the purposes of this Act and the Public Governance,
21
Performance and Accountability Act 2013, the information officer
22
is taken not to have complied with section 29 of that Act if he or
23
she does not comply with subsection (1) of this section.
24
266 Subsection 27A(8) (note)
25
Repeal the note, substitute:
26
Note:
The Information Commissioner, as an information officer, is required
27
to disclose material personal interests to the Minister (see section 22).
28
267 Section 30
29
Repeal the section, substitute:
30
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
181
30 Annual report
1
The annual report prepared by the Information Commissioner and
2
given to the Minister under section 46 of the Public Governance,
3
Performance and Accountability Act 2013 for a period must
4
include:
5
(a) the freedom of information matters (see section 31); and
6
(b) the privacy matters (see section 32).
7
Australian Institute of Aboriginal and Torres Strait Islander
8
Studies Act 1989
9
268 Section 3 (definition of Finance Minister)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
269 Subsection 4(2) (note)
13
Repeal the note, substitute:
14
Note:
The Public Governance, Performance and Accountability Act 2013
15
applies to the Institute. That Act deals with matters relating to
16
corporate Commonwealth entities, including reporting and the use and
17
management of public resources.
18
270 Subsection 21(2)
19
Repeal the subsection, substitute:
20
(2) The Minister must terminate a person's membership of the Council
21
if the member is absent, except on leave granted under section 17,
22
from 3 consecutive meetings of the Council.
23
Note:
A Council member's membership may also be terminated under
24
section 30 of the Public Governance, Performance and Accountability
25
Act 2013 (which deals with terminating the appointment of an
26
accountable authority, or a member of an accountable authority, for
27
contravening general duties of officials).
28
(2A) Section 30 of the Public Governance, Performance and
29
Accountability Act 2013 applies to an election of a member under
30
paragraph 12(1)(a) of this Act as if the election were an
31
appointment by the Minister.
32
Schedule 7 Amendments of Acts starting with A
182
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note:
This enables the Minister to remove from office an elected member if
1
the member fails to comply with the general duties of officials under
2
the Public Governance, Performance and Accountability Act 2013.
3
271 Paragraph 23(5)(a)
4
Omit "section 19", substitute "rules made for the purposes of section 29
5
of the Public Governance, Performance and Accountability Act 2013".
6
272 Subsection 38(2)
7
Repeal the subsection, substitute:
8
(2) Subsection (1) does not prevent investment, under section 59 of the
9
Public Governance, Performance and Accountability Act 2013, of
10
money that is not immediately required for the purposes of the
11
Institute.
12
Australian Institute of Health and Welfare Act 1987
13
273 Subsection 3(1) (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
274 Subsection 4(2) (note)
17
Repeal the note, substitute:
18
Note:
The Public Governance, Performance and Accountability Act 2013
19
applies to the Institute. That Act deals with matters relating to
20
corporate Commonwealth entities, including reporting and the use and
21
management of public resources.
22
275 Subsection 7(3)
23
Repeal the subsection, substitute:
24
(3) This section does not affect the application, in relation to the
25
Institute, of section 22 of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with the application of
27
government policy to corporate Commonwealth entities).
28
276 Paragraph 13(2)(b)
29
Repeal the paragraph.
30
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
183
277 At the end of subsection 13(2)
1
Add:
2
Note:
The appointment of a member may also be terminated under
3
section 30 of the Public Governance, Performance and Accountability
4
Act 2013 (which deals with terminating the appointment of an
5
accountable authority, or a member of an accountable authority, for
6
contravening general duties of officials).
7
278 Section 14
8
Repeal the section, substitute:
9
14 Disclosure of interests
10
Neither section 29 of the Public Governance, Performance and
11
Accountability Act 2013 (which deals with the duty to disclose
12
interests), nor any rules made for the purposes of that section,
13
apply to a member's interest if:
14
(a) the member is of a kind referred to in paragraph 8(1)(c), (ca),
15
(cb) or (h), or subsection 8(2), of this Act; and
16
(b) the member only has the interest by reason of being
17
nominated by a body or person referred to in that paragraph
18
or subsection.
19
279 Paragraph 22(1)(a)
20
Omit "section 20", substitute "an appropriation".
21
280 Subsection 22(3)
22
Repeal the subsection, substitute:
23
(3) 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 the
26
Institute.
27
281 Section 24
28
Repeal the section, substitute:
29
Schedule 7 Amendments of Acts starting with A
184
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
24 Annual report
1
The annual report prepared by the members and given to the
2
Minister under section 46 of the Public Governance, Performance
3
and Accountability Act 2013 for a period must include:
4
(a) particulars of each direction given under subsection 7(1) that
5
is applicable to the period; or
6
(b) if the Institute considers those particulars contain information
7
concerning a person or are of a confidential nature--a
8
statement that a direction under that subsection was given.
9
282 Subsection 25(1)
10
Omit "(1) The", substitute "The".
11
283 Paragraph 25(1)(a)
12
Omit "referred to in subsection 18(2) of the Commonwealth Authorities
13
and Companies Act 1997".
14
Australian Institute of Marine Science Act 1972
15
284 Subsection 5(1) (definition of Finance Minister)
16
Omit "Commonwealth Authorities and Companies Act 1997", substitute
17
"Public Governance, Performance and Accountability Act 2013".
18
285 Subsection 7(2) (note)
19
Repeal the note, substitute:
20
Note:
The Public Governance, Performance and Accountability Act 2013
21
applies to the Institute. That Act deals with matters relating to
22
corporate Commonwealth entities, including reporting and the use and
23
management of public resources.
24
286 Paragraph 16(1)(c)
25
Repeal the paragraph.
26
287 At the end of subsection 16(1)
27
Add:
28
Note:
The appointment of a member may also be terminated under
29
section 30 of the Public Governance, Performance and Accountability
30
Act 2013 (which deals with terminating the appointment of an
31
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
185
accountable authority, or a member of an accountable authority, for
1
contravening general duties of officials).
2
288 Paragraph 27(2)(d)
3
Repeal the paragraph.
4
289 At the end of subsection 27(2)
5
Add:
6
Note:
The appointment of the Chief Executive Officer may also be
7
terminated under section 30 of the Public Governance, Performance
8
and Accountability Act 2013 (which deals with terminating the
9
appointment of an accountable authority, or a member of an
10
accountable authority, for contravening general duties of officials).
11
290 Subsection 38(2)
12
Repeal the subsection, substitute:
13
(2) Subsection (1) does not prevent investment, under section 59 of the
14
Public Governance, Performance and Accountability Act 2013, of
15
money that is not immediately required for the purposes of the
16
Institute.
17
291 Subsection 50A(1)
18
Omit "Financial Management and Accountability Act 1997)", substitute
19
"Public Governance, Performance and Accountability Act 2013) of a
20
non-corporate Commonwealth entity (within the meaning of that Act)".
21
292 After section 50A
22
Insert:
23
50B Delegation by the Institute
24
(1) The Institute may, in writing under its seal, delegate all or any of
25
its powers or functions under this Act to:
26
(a) a Council member; or
27
(b) the Chief Executive Officer.
28
(2) In exercising any powers or performing any functions under the
29
delegation, the delegate must comply with any directions of the
30
Institute.
31
Schedule 7 Amendments of Acts starting with A
186
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
50C Delegation by the Council
1
(1) The Council may, in writing, delegate all or any of its powers or
2
functions under this Act to:
3
(a) a Council member; or
4
(b) the Chief Executive Officer.
5
(2) In exercising any powers or performing any functions under the
6
delegation, the delegate must comply with any directions of the
7
Council.
8
50D Delegation and subdelegation by the Chief Executive Officer
9
(1) The Chief Executive Officer may, in writing, delegate to an officer
10
or employee of the Institute any of the Chief Executive Officer's
11
powers or functions under this Act.
12
(2) If the Institute or the Council delegates a power or function under
13
subsection 50B(1) or 50C(1) to the Chief Executive Officer, the
14
Chief Executive Officer may, in writing, subdelegate the power or
15
function to an officer or employee of the Institute.
16
(3) In exercising any powers or performing any functions under the
17
delegation or subdelegation, the delegate or subdelegate must
18
comply with any directions of the Chief Executive Officer.
19
(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901
20
apply in relation to a subdelegation in a corresponding way to the
21
way in which they apply in relation to a delegation.
22
50E Corporate plans
23
Subsection 35(3) of the Public Governance, Performance and
24
Accountability Act 2013 (which deals with the Australian
25
Government's key priorities and objectives) does not apply to a
26
corporate plan prepared by the Council.
27
Australian Law Reform Commission Act 1996
28
293 Sections 39 and 40
29
Repeal the sections.
30
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
187
294 Subsection 45(2)
1
Omit "Special Account for the purposes of the Financial Management
2
and Accountability Act 1997", substitute "special account for the
3
purposes of the Public Governance, Performance and Accountability
4
Act 2013".
5
295 Subsection 45(3) (note)
6
Omit "Special Account if any of the purposes of the Account",
7
substitute "special account if any of the purposes of the special
8
account".
9
296 Subsection 45(4) (note)
10
Repeal the note, substitute:
11
Note:
See section 80 of the Public Governance, Performance and
12
Accountability Act 2013 (which deals with special accounts).
13
Australian Maritime Safety Authority Act 1990
14
297 Subsection 3(1) (definition of Finance Minister)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
298 Subsection 5(2) (note)
18
Repeal the note, substitute:
19
Note:
The Public Governance, Performance and Accountability Act 2013
20
applies to the Authority. That Act deals with matters relating to
21
corporate Commonwealth entities, including reporting and the use and
22
management of public resources.
23
299 Subsections 8(3), 9A(4) and 9B(4)
24
Repeal the subsections.
25
300 After section 9B
26
Insert:
27
Schedule 7 Amendments of Acts starting with A
188
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
9C Extra matters to be included in annual report
1
The annual report prepared by the members of the Authority and
2
given to the Minister under section 46 of the Public Governance,
3
Performance and Accountability Act 2013 for a period must
4
include the following:
5
(a) particulars of any directions given to the Authority under
6
section 8 during the period;
7
(b) a summary of notices given to the Authority under
8
subsection 9A(1) during the period;
9
(c) a summary of action taken during the period by the Authority
10
because of notices given to the Authority under
11
subsection 9A(1) in that or any other period;
12
(d) particulars of any directions given to the Authority under
13
subsection 9B(2) during the period.
14
301 Subsection 10(2) (note)
15
Repeal the note, substitute:
16
Note:
Section 59 of the Public Governance, Performance and Accountability
17
Act 2013 gives the Authority power to invest money that is not
18
immediately required for the purposes of the Authority.
19
302 Paragraph 21(2)(d)
20
Repeal the paragraph.
21
303 At the end of subsection 21(2)
22
Add:
23
Note:
The appointment of a member may also be terminated under
24
section 30 of the Public Governance, Performance and Accountability
25
Act 2013 (which deals with terminating the appointment of an
26
accountable authority, or a member of an accountable authority, for
27
contravening general duties of officials).
28
304 Paragraph 21(3A)(b)
29
Repeal the paragraph, substitute:
30
(b) the members have failed to comply with section 19 of the
31
Public Governance, Performance and Accountability Act
32
2013;
33
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
189
305 Subsection 25(1)
1
Repeal the subsection, substitute:
2
(1) This section applies to a corporate plan prepared by the members
3
of the Authority under section 35 of the Public Governance,
4
Performance and Accountability Act 2013.
5
306 Subsections 25(3) and (4)
6
Repeal the subsections.
7
307 Paragraphs 25(5)(a) to (d)
8
Repeal the paragraphs.
9
308 Subsection 26(1)
10
After "corporate plan", insert "referred to in subsection 25(1)".
11
309 Subsection 41(6)
12
Omit "Financial Management and Accountability Act 1997)", substitute
13
"Public Governance, Performance and Accountability Act 2013) of a
14
non-corporate Commonwealth entity (within the meaning of that Act)".
15
Australian National Maritime Museum Act 1990
16
310 Subsection 3(1) (definition of Finance Minister)
17
Omit "Financial Management and Accountability Act 1997", substitute
18
"Public Governance, Performance and Accountability Act 2013".
19
311 Subsection 5(2) (note)
20
Repeal the note, substitute:
21
Note:
The Public Governance, Performance and Accountability Act 2013
22
applies to the Museum. That Act deals with matters relating to
23
corporate Commonwealth entities, including reporting and the use and
24
management of public resources.
25
312 Subsection 10(5)
26
Repeal the subsection, substitute:
27
(5) In each annual report prepared by the Council and given to the
28
Minister under section 46 of the Public Governance, Performance
29
Schedule 7 Amendments of Acts starting with A
190
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
and Accountability Act 2013 for a period, the Council must include
1
particulars of any disposals of material during the period.
2
313 Paragraph 21(2)(b)
3
Omit "; or", substitute ";".
4
314 Paragraph 21(2)(c)
5
Repeal the paragraph.
6
315 At the end of subsection 21(2)
7
Add:
8
Note:
The appointment of an appointed member may also be terminated
9
under section 30 of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with terminating the
11
appointment of an accountable authority, or a member of an
12
accountable authority, for contravening general duties of officials).
13
316 Subsection 23(6)
14
Omit "Where, because of section 27J of the Commonwealth Authorities
15
and Companies Act 1997", substitute "If, because of rules made for the
16
purposes of section 29 of the Public Governance, Performance and
17
Accountability Act 2013".
18
317 Division 3 of Part 3 (heading)
19
Repeal the heading, substitute:
20
Division 3--Corporate plans and annual operational plans
21
318 Sections 25, 26 and 27
22
Repeal the sections, substitute:
23
26 Approval and tabling of corporate plans
24
(1) A corporate plan prepared by the Council under section 35 of the
25
Public Governance, Performance and Accountability Act 2013
26
must be given to the Minister for approval:
27
(a) at least 3 months (the approval period) before the start of the
28
period to which the corporate plan relates; or
29
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
191
(b) if the Minister allows a shorter approval period in special
1
circumstances--before the start of that approval period.
2
(2) The corporate plan comes into force:
3
(a) the day on which it is approved by the Minister; or
4
(b) the day of commencement of the period to which it relates;
5
whichever is the later.
6
(3) The corporate plan must be laid before each House of the
7
Parliament within 15 sitting days of that House after approval by
8
the Minister of the plan.
9
27 Variation and tabling of corporate plans
10
(1) If the Council considers that a variation of a corporate plan is
11
necessary, the Council may, with the approval of the Minister, vary
12
the corporate plan.
13
(2) If a variation of a strategic plan is approved by the Minister, the
14
plan as so varied continues in force on and after the day on which
15
the variation is so approved as if the plan had originally been
16
approved by the Minister as so varied.
17
(3) A variation of a corporate plan prepared in accordance with this
18
section must be laid before each House of the Parliament within 15
19
sitting days of that House after approval by the Minister of the
20
variation.
21
319 Subsection 28(1)
22
Omit "strategic plan that relates, or the intended strategic plan that will
23
relate", substitute "corporate plan for the Museum under section 35 of
24
the Public Governance, Performance and Accountability Act 2013 that
25
relates, or the intended corporate plan for the Museum that will relate".
26
320 Subsections 28(2) and (5)
27
Omit "strategic", substitute "corporate".
28
321 Section 29
29
Omit "strategic", substitute "corporate".
30
Schedule 7 Amendments of Acts starting with A
192
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
322 Paragraph 36(2)(e)
1
Omit "of this Act, or section 27F or 27J of the Commonwealth
2
Authorities and Companies Act 1997,".
3
323 At the end of subsection 36(2)
4
Add:
5
Note:
The appointment of the Director may also be terminated under
6
section 30 of the Public Governance, Performance and Accountability
7
Act 2013 (which deals with terminating the appointment of an
8
accountable authority, or a member of an accountable authority, for
9
contravening general duties of officials).
10
324 Section 37
11
Before "The Director", insert "(1)".
12
325 At the end of section 37
13
Add:
14
(2) Subsection (1) applies in addition to section 29 of the Public
15
Governance, Performance and Accountability Act 2013 (which
16
deals with the duty to disclose interests).
17
326 Subsection 44(4)
18
Omit "in accordance with subsection 18(2) of the Commonwealth
19
Authorities and Companies Act 1997".
20
327 Subsection 45(2)
21
Repeal the subsection, substitute:
22
(2) Subsection (1) does not prevent investment, under section 59 of the
23
Public Governance, Performance and Accountability Act 2013, of
24
money that is not immediately required for the purposes of the
25
Museum.
26
328 Subsection 47(3)
27
Repeal the subsection.
28
329 Section 48
29
Repeal the section, substitute:
30
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
193
48 Extra matter to be included in annual report
1
Each annual report prepared by the Council and given to the
2
Minister under section 46 of the Public Governance, Performance
3
and Accountability Act 2013 for a period must include:
4
(a) particulars of each direction given by the Minister to the
5
Council under section 14 of this Act during the period; and
6
(b) any operational plan, or revision of an operational plan, that
7
came into force during the period.
8
330 Subsection 50(1)
9
Omit "maintained under subsection 18(2) of the Commonwealth
10
Authorities and Companies Act 1997".
11
Australian National University Act 1991
12
331 Subsection 4(2) (note)
13
Repeal the note, substitute:
14
Note:
Subject to section 4A, the Public Governance, Performance and
15
Accountability Act 2013 applies to the University. That Act deals with
16
matters relating to corporate Commonwealth entities, including
17
reporting and the use and management of public resources.
18
332 Sections 4A and 4B
19
Repeal the sections, substitute:
20
4A Application of the Public Governance, Performance and
21
Accountability Act 2013
22
(1) Sections 22, 36 and 59 of the Public Governance, Performance
23
and Accountability Act 2013 do not apply in relation to the
24
University.
25
(2) Nothing in section 19 of the Public Governance, Performance and
26
Accountability Act 2013 requires the members of the Council to do
27
anything that will or might affect the academic independence or
28
integrity of the University.
29
Note:
Sections 19, 22, 36 and 59 of that Act are about the duty to keep
30
Ministers informed, application of Government policies, Budget
31
estimates and investments.
32
Schedule 7 Amendments of Acts starting with A
194
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
4B University's reporting period starts on 1 January
1
For the purposes of the Public Governance, Performance and
2
Accountability Act 2013, the University's reporting period is a
3
period of 12 months starting on 1 January.
4
333 Subsection 6(3)
5
Omit "Commonwealth Authorities and Companies Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
334 Subsection 13(4)
8
Omit "section 18A, 18B, 18C, 18D, 18E or 18F", substitute
9
"Subdivision A of Division 3 of Part 2-2 of the Public Governance,
10
Performance and Accountability Act 2013".
11
335 Paragraphs 13(5)(b) and 15(1)(k)
12
Omit "section 18A, 18B, 18C, 18D, 18E or 18F", substitute
13
"Subdivision A of Division 3 of Part 2-2 of the Public Governance,
14
Performance and Accountability Act 2013".
15
336 Sections 18A to 18G
16
Repeal the sections.
17
337 Subsection 44(3)
18
Omit "Financial Management and Accountability Act 1997)", substitute
19
"Public Governance, Performance and Accountability Act 2013) of a
20
non-corporate Commonwealth entity (within the meaning of that Act)".
21
338 Subsection 44(4) (definition of Finance Minister)
22
Omit "Financial Management and Accountability Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
339 Subsection 50(1)
25
Omit "Commonwealth Authorities and Companies Act 1997", substitute
26
"Public Governance, Performance and Accountability Act 2013".
27
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
195
Australian Nuclear Science and Technology Organisation
1
Act 1987
2
340 Subsection 3(1) (definition of Finance Minister)
3
Omit "Financial Management and Accountability Act 1997", substitute
4
"Public Governance, Performance and Accountability Act 2013".
5
341 Subsection 4(1) (note)
6
Repeal the note, substitute:
7
Note:
The Public Governance, Performance and Accountability Act 2013
8
applies to the Organisation. That Act deals with matters relating to
9
corporate Commonwealth entities, including reporting and the use and
10
management of public resources.
11
342 Subsection 7(3)
12
Omit "shares in, or debentures or other securities of,", substitute
13
"debentures, or other securities, of".
14
343 At the end of section 7
15
Add:
16
(4) This section does not apply in relation to a matter that gives rise to
17
an obligation under section 72 of the Public Governance,
18
Performance and Accountability Act 2013 (which deals with
19
tabling of notices relating to matters such as acquisition of shares).
20
344 At the end of paragraph 14(2)(a)
21
Add "or".
22
345 Paragraph 14(2)(b)
23
Omit "or" (last occurring).
24
346 Paragraph 14(2)(c)
25
Repeal the paragraph.
26
347 At the end of subsection 14(2)
27
Add:
28
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196
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and Transitional Provisions) Bill 2014
No. , 2014
Note:
The appointment of an appointed member may also be terminated
1
under section 30 of the Public Governance, Performance and
2
Accountability Act 2013 (which deals with terminating the
3
appointment of an accountable authority, or a member of an
4
accountable authority, for contravening general duties of officials).
5
348 Subsection 16(6)
6
Omit "Where, by reason of section 27J of the Commonwealth
7
Authorities and Companies Act 1997", substitute "If, because of rules
8
made for the purposes of section 29 of the Public Governance,
9
Performance and Accountability Act 2013 (which deals with the duty to
10
disclose interests)".
11
349 Paragraph 21C(2)(d)
12
Omit "of this Act or section 27F or 27J of the Commonwealth
13
Authorities and Companies Act 1997".
14
350 At the end of subsection 21C(2)
15
Add:
16
Note:
The appointment of the Chief Executive Officer may also be
17
terminated under section 30 of the Public Governance, Performance
18
and Accountability Act 2013 (which deals with terminating the
19
appointment of an accountable authority, or a member of an
20
accountable authority, for contravening general duties of officials).
21
351 Section 22
22
Before "The Chief Executive Officer", insert "(1)".
23
352 At the end of section 22
24
Add:
25
(2) Subsection (1) applies in addition to section 29 of the Public
26
Governance, Performance and Accountability Act 2013 (which
27
deals with the duty to disclose interests).
28
353 Subsection 27(4)
29
Repeal the subsection, substitute:
30
(4) Subsection (3) does not prevent investment, under section 59 of the
31
Public Governance, Performance and Accountability Act 2013, of
32
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No. , 2014
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and Transitional Provisions) Bill 2014
197
money that is not immediately required for the purposes of the
1
Organisation.
2
354 Section 29
3
Repeal the section, substitute:
4
29 Extra matters to be included in annual report
5
The report prepared by the Board and given to the Minister under
6
section 46 of the Public Governance, Performance and
7
Accountability Act 2013 for a period must include particulars of
8
each direction, given by the Minister to the Board under section 11
9
of this Act, that is applicable in relation to the period.
10
355 Subsection 36A(1)
11
Omit "Financial Management and Accountability Act 1997)", substitute
12
"Public Governance, Performance and Accountability Act 2013) of a
13
non-corporate Commonwealth entity (within the meaning of that Act)".
14
356 Subsection 39(1)
15
Omit "maintained under subsection 18(2) of the Commonwealth
16
Authorities and Companies Act 1997 that does not,", substitute "that
17
does not".
18
Australian Organ and Tissue Donation and Transplantation
19
Authority Act 2008
20
357 Section 21
21
Repeal the section.
22
358 Paragraph 22(2)(d)
23
Repeal the paragraph, substitute:
24
(d) the CEO fails, without reasonable excuse, to comply with
25
section 29 of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with the duty to
27
disclose interests) or rules made for the purposes of that
28
section.
29
Schedule 7 Amendments of Acts starting with A
198
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and Transitional Provisions) Bill 2014
No. , 2014
359 Division 6 of Part 3
1
Repeal the Division.
2
360 Sections 41 and 42
3
Repeal the sections, substitute:
4
41 Disclosure of interests to the Minister
5
(1) A disclosure by an Advisory Council member under section 29 of
6
the Public Governance, Performance and Accountability Act 2013
7
(which deals with the duty to disclose interests) must be made to
8
the Minister.
9
(2) Subsection (1) applies in addition to any rules made for the
10
purposes of that section.
11
(3) For the purposes of this Act and the Public Governance,
12
Performance and Accountability Act 2013, the Advisory Council
13
member is taken not to have complied with section 29 of that Act if
14
the member does not comply with subsection (1) of this section.
15
(4) The Minister may terminate the appointment of an Advisory
16
Council member if the member fails, without reasonable excuse, to
17
comply with section 29 of the Public Governance, Performance
18
and Accountability Act 2013, or the rules made for the purposes of
19
that section.
20
(5) Subsection (4) does not limit subsection 34(5).
21
361 Sections 51 and 52
22
Repeal the sections, substitute:
23
51 Disclosure of interests to the CEO
24
(1) A disclosure by an expert advisory committee member under
25
section 29 of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with the duty to disclose
27
interests) must be made to the CEO.
28
(2) Subsection (1) applies in addition to any rules made for the
29
purposes of that section.
30
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and Transitional Provisions) Bill 2014
199
(3) For the purposes of this Act and the Public Governance,
1
Performance and Accountability Act 2013, the expert advisory
2
committee member is taken not to have complied with section 29
3
of that Act if the member does not comply with subsection (1) of
4
this section.
5
(4) The CEO may terminate the appointment of an expert advisory
6
committee member if the member fails, without reasonable excuse,
7
to comply with section 29 of the Public Governance, Performance
8
and Accountability Act 2013, or the rules made for the purposes of
9
that section.
10
(5) Subsection (4) does not limit subsection 46(4).
11
Australian Passports Act 2005
12
362 Subsection 13(3) (paragraph (c) of the definition of
13
competent authority)
14
Omit "an agency (within the meaning of the Financial Management and
15
Accountability Act 1997)", substitute "a non-corporate Commonwealth
16
entity (within the meaning of the Public Governance, Performance and
17
Accountability Act 2013)".
18
363 Subsection 14(3) (subparagraph (b)(iii) of the definition
19
of competent authority)
20
Omit "an agency (within the meaning of the Financial Management and
21
Accountability Act 1997)", substitute "a non-corporate Commonwealth
22
entity (within the meaning of the Public Governance, Performance and
23
Accountability Act 2013)".
24
Australian Postal Corporation Act 1989
25
364 Section 3 (definition of Finance Minister)
26
Omit "Financial Management and Accountability Act 1997", substitute
27
"Public Governance, Performance and Accountability Act 2013".
28
365 Section 13 (note)
29
Repeal the note, substitute:
30
Schedule 7 Amendments of Acts starting with A
200
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note:
The Public Governance, Performance and Accountability Act 2013
1
applies to Australia Post. That Act deals with matters relating to
2
corporate Commonwealth entities, including reporting and the use and
3
management of public resources.
4
366 Paragraph 28(a)
5
Repeal the paragraph, substitute:
6
(a) any government policy orders that apply in relation to
7
Australia Post under section 22 of the Public Governance,
8
Performance and Accountability Act 2013;
9
367 Section 38
10
Omit "under section 17 of the Commonwealth Authorities and
11
Companies Act 1997", substitute "for Australia Post under section 35 of
12
the Public Governance, Performance and Accountability Act 2013".
13
368 At the end of paragraphs 38(a) to (g)
14
Add "and".
15
369 Paragraph 38(h)
16
Repeal the paragraph, substitute:
17
(h) the cost of performing Australia Post's functions in a manner
18
consistent with any government policy orders that apply in
19
relation to Australia Post under section 22 of the Public
20
Governance, Performance and Accountability Act 2013; and
21
370 Subsection 40(1)
22
Omit "section 17 of the Commonwealth Authorities and Companies Act
23
1997", substitute "section 35 of the Public Governance, Performance
24
and Accountability Act 2013".
25
371 Subsection 43(1)
26
Omit "under section 9 of the Commonwealth Authorities and
27
Companies Act 1997", substitute "given to the Minister under
28
section 46 of the Public Governance, Performance and Accountability
29
Act 2013 for a period".
30
372 Paragraphs 43(1)(a), (b) and (c)
31
Repeal the paragraphs.
32
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and Transitional Provisions) Bill 2014
201
373 Paragraph 43(1)(fa)
1
Omit "year", substitute "period".
2
374 Subparagraph 43(1)(g)(i)
3
Repeal the subparagraph, substitute:
4
(i) any government policy orders that apply in relation to
5
Australia Post under section 22 of the Public
6
Governance, Performance and Accountability Act 2013
7
for the period;
8
375 Subparagraph 43(1)(g)(ii)
9
Omit "year", substitute "period".
10
376 Paragraphs 43(1)(h), (k), (m), (n) and (o)
11
Omit "year" (wherever occurring), substitute "period".
12
377 Subsection 43(2) (definition of corporate plan)
13
Omit "section 17 of the Commonwealth Authorities and Companies Act
14
1997", substitute "section 35 of the Public Governance, Performance
15
and Accountability Act 2013".
16
378 Subsection 44(1)
17
Omit "under section 9 of the Commonwealth Authorities and
18
Companies Act 1997", substitute "given to the Minister under
19
section 46 of the Public Governance, Performance and Accountability
20
Act 2013 for a period".
21
379 Paragraph 44(1)(a)
22
Omit "financial targets applicable to the year", substitute "financial
23
targets applicable to the period".
24
380 Paragraphs 44(1)(d), (e) and (f)
25
Omit "year" (wherever occurring), substitute "period".
26
381 Subparagraph 44(1)(g)(ii)
27
Repeal the subparagraph, substitute:
28
(ii) the cost of performing Australia Post's functions in a
29
way consistent with any government policy orders that
30
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202
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and Transitional Provisions) Bill 2014
No. , 2014
apply in relation to Australia Post under section 22 of
1
the Public Governance, Performance and
2
Accountability Act 2013 for the period; and
3
382 Subsection 44(3) (definition of corporate plan)
4
Omit "section 17 of the Commonwealth Authorities and Companies Act
5
1997", substitute "section 35 of the Public Governance, Performance
6
and Accountability Act 2013".
7
383 Subsection 56A(8) (note)
8
Omit "prescribed agency for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "Commonwealth entity within
10
the meaning of the Public Governance, Performance and
11
Accountability Act 2013".
12
384 Subsection 57(2)
13
Repeal the subsection, substitute:
14
(2) Subsection (1) does not prevent investment, under section 59 of the
15
Public Governance, Performance and Accountability Act 2013, of
16
money that is not immediately required for the purposes of
17
Australia Post.
18
385 Subsection 67(2)
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
386 Section 71
23
Omit "Sections 27F and 27J of the Commonwealth Authorities and
24
Companies Act 1997", substitute "Section 29 of the Public Governance,
25
Performance and Accountability Act 2013 (which deals with the duty to
26
disclose interests) and any rules made for the purposes of that section".
27
387 At the end of paragraph 79(2)(a)
28
Add "or".
29
388 Paragraph 79(2)(b)
30
Repeal the paragraph.
31
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
203
389 At the end of subsection 79(2)
1
Add:
2
Note:
The appointment of a director may also be terminated under section 30
3
of the Public Governance, Performance and Accountability Act 2013
4
(which deals with terminating the appointment of an accountable
5
authority, or a member of an accountable authority, for contravening
6
general duties of officials).
7
390 Paragraph 79(5)(a)
8
Omit "under section 15 or 16, or subsection 17(5), of the
9
Commonwealth Authorities and Companies Act 1997", substitute
10
"under section 19 of the Public Governance, Performance and
11
Accountability Act 2013".
12
391 Section 84
13
Before "The Managing Director", insert "(1)".
14
392 At the end of section 84
15
Add:
16
(2) Section 30 of the Public Governance, Performance and
17
Accountability Act 2013 (which deals with terminating the
18
appointment of an accountable authority, or a member of an
19
accountable authority, for contravening general duties of officials)
20
does not apply in relation to the Managing Director despite
21
subsection 30(6) of that Act.
22
393 Section 87
23
Before "The Managing Director", insert "(1)".
24
394 At the end of section 87
25
Add:
26
(2) Subsection (1) applies in addition to section 29 of the Public
27
Governance, Performance and Accountability Act 2013 (which
28
deals with the duty to disclose interests).
29
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204
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and Transitional Provisions) Bill 2014
No. , 2014
Australian Prudential Regulation Authority Act 1998
1
395 Subsection 11(3) (note)
2
Repeal the note, substitute:
3
Note:
The Chair of APRA may enter into contracts and other arrangements
4
on behalf of the Commonwealth. See section 23 of the Public
5
Governance, Performance and Accountability Act 2013.
6
396 Paragraph 12A(a)
7
Omit "Financial Management and Accountability Act 1997", substitute
8
"Public Governance, Performance and Accountability Act 2013".
9
397 At the end of Part 4A
10
Add:
11
Division 3--Miscellaneous
12
48E Application of section 29 of the Public Governance, Performance
13
and Accountability Act 2013
14
Section 29 of the Public Governance, Performance and
15
Accountability Act 2013 (which deals with the duty to disclose
16
interests) does not apply in relation to:
17
(a) an APRA member; or
18
(b) an APRA staff member; or
19
(c) a person to whom paragraph 48D(b) applies.
20
398 Subsection 50(3) (note)
21
Omit "the Finance Minister's Orders (see section 49 of the Financial
22
Management and Accountability Act 1997)", substitute "the accounting
23
standards and with rules made for the purposes of section 42 of the
24
Public Governance, Performance and Accountability Act 2013".
25
399 Subsection 52(2)
26
Omit "Special Account for the purposes of the Financial Management
27
and Accountability Act 1997", substitute "special account for the
28
purposes of the Public Governance, Performance and Accountability
29
Act 2013".
30
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
205
400 Subsection 53(1) (note)
1
Omit "Special Account" (wherever occurring), substitute "special
2
account".
3
401 Subsection 54(2) (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
402 Subsection 54A(2)
8
Omit "Special Account for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "special account for the
10
purposes of the Public Governance, Performance and Accountability
11
Act 2013".
12
403 Section 54C (note)
13
Repeal the note, substitute:
14
Note:
See section 80 of the Public Governance, Performance and
15
Accountability Act 2013 (which deals with special accounts).
16
404 Subsection 54E(6) (definition of Finance Minister)
17
Omit "Financial Management and Accountability Act 1997", substitute
18
"Public Governance, Performance and Accountability Act 2013".
19
405 Subsection 59(1)
20
Repeal the subsection.
21
406 Subsection 59(2) (heading)
22
Repeal the heading.
23
407 Subsection 59(2)
24
Omit "A report under subsection (1) must include the following:",
25
substitute "The annual report prepared by the Chair and given to the
26
Minister under section 46 of the Public Governance, Performance and
27
Accountability Act 2013 for a period must include the following:".
28
408 Paragraphs 59(2)(b) and (ba)
29
Omit "year", substitute "period".
30
Schedule 7 Amendments of Acts starting with A
206
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
409 Paragraph 59(2)(c)
1
Omit "regulations;", substitute "regulations.".
2
410 Paragraphs 59(2)(d) and (e)
3
Repeal the paragraphs.
4
411 Subsection 59(4)
5
Repeal the subsection.
6
Australian Radiation Protection and Nuclear Safety Act 1998
7
412 Section 13 (definition of Finance Minister)
8
Omit "Financial Management and Accountability Act 1997", substitute
9
"Public Governance, Performance and Accountability Act 2013".
10
413 Section 50
11
Repeal the section.
12
414 Paragraph 51(2)(f)
13
Repeal the paragraph, substitute:
14
(f) the CEO fails, without reasonable excuse, to comply with
15
section 29 of the Public Governance, Performance and
16
Accountability Act 2013 (which deals with the duty to
17
disclose interests) or rules made for the purposes of that
18
section;
19
415 Subsection 56(2)
20
Omit "Special Account for the purposes of the Financial Management
21
and Accountability Act 1997", substitute "special account for the
22
purposes of the Public Governance, Performance and Accountability
23
Act 2013".
24
416 Subsection 56(3) (note)
25
Omit "Special Account if any of the purposes of the Account",
26
substitute "special account if any of the purposes of the special
27
account".
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
207
417 Section 59
1
Repeal the section, substitute:
2
59 Annual report
3
The annual report prepared by the CEO and given to the Minister
4
under section 46 of the Public Governance, Performance and
5
Accountability Act 2013 for a period:
6
(a) must be a report of the activities, during the period, of:
7
(i) the CEO; and
8
(ii) ARPANSA; and
9
(iii) the Council, the Radiation Health Committee and the
10
Nuclear Safety Committee; and
11
(b) must include the following:
12
(i) details of directions given by the Minister during the
13
period under section 16 of this Act;
14
(ii) details of any breach of licence conditions by a licensee
15
during the period, of which the CEO is aware;
16
(iii) details of all reports received by the CEO during the
17
period under paragraph 20(f) or 26(1)(d) of this Act.
18
Australian Research Council Act 2001
19
418 Section 4 (definition of interest)
20
Repeal the definition.
21
419 Paragraph 33C(2)(b)
22
Omit "Financial Management and Accountability Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
420 Subsection 33C(3)
25
Omit "in a financial year".
26
Schedule 7 Amendments of Acts starting with A
208
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
421 Paragraph 33C(3)(b)
1
Omit "for the ARC for the financial year", substitute ", prepared by the
2
CEO and given to the Minister under section 46 of the Public
3
Governance, Performance and Accountability Act 2013, for the period
4
in which the direction is given".
5
422 Subsection 33C(3) (at the end of the note)
6
Add "of this Act".
7
423 Subsection 39(1) (heading)
8
Repeal the heading.
9
424 Subsection 39(1)
10
Omit "(1)".
11
425 At the end of subsection 39(1)
12
Add:
13
Note:
The CEO must also disclose interests under section 29 of the Public
14
Governance, Performance and Accountability Act 2013.
15
426 Subsections 39(2) and (3)
16
Repeal the subsections.
17
427 Division 1 of Part 6 (heading)
18
Repeal the heading, substitute:
19
Division 1--Corporate plans
20
428 Section 42
21
Repeal the section, substitute:
22
42 Corporate plans
23
(1) The CEO must give to the Minister for approval the corporate plan
24
prepared under section 35 of the Public Governance, Performance
25
and Accountability Act 2013.
26
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and Transitional Provisions) Bill 2014
209
(2) Without limiting that section (or the rules made for the purposes of
1
that section), the plan must deal with any matters that the Minister,
2
by notice in writing to the CEO, requires to be dealt with in the
3
plan.
4
429 Section 43 (heading)
5
Repeal the heading, substitute:
6
43 Ministerial approval of corporate plans
7
430 Subsections 43(1) to (4)
8
Omit "strategic plan" (wherever occurring), substitute "corporate plan".
9
431 Section 44 (heading)
10
Repeal the heading, substitute:
11
44 Variation of corporate plans
12
432 Subsections 44(1) and (3)
13
Omit "strategic plan" (wherever occurring), substitute "corporate plan".
14
433 Section 45
15
Repeal the section, substitute:
16
45 Annual report to include assessment of CEO's performance using
17
performance indicators in corporate plan
18
(1) The annual report referred to in section 46 for a period must
19
include an assessment of the CEO's performance of his or her
20
functions during that period.
21
(2) The performance indicators set out in the corporate plan as
22
required by the rules made for the purposes of section 35 of the
23
Public Governance, Performance and Accountability Act 2013
24
must be used in making that assessment.
25
Note:
For more information about the ARC's annual report, see section 46
26
of this Act.
27
Schedule 7 Amendments of Acts starting with A
210
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
434 Section 46
1
Repeal the section, substitute:
2
46 Annual report
3
The annual report prepared by the CEO and given to the Minister
4
under section 46 of the Public Governance, Performance and
5
Accountability Act 2013 for a period must also deal with:
6
(a) any matters required by other provisions of this Act to be
7
dealt with in the report; and
8
(b) any other matters that the Minister, by notice in writing to the
9
CEO, requires to be dealt with in the report.
10
Note:
Other provisions of this Act that require matters to be dealt with in the
11
report are subsection 33C(3) and section 45.
12
435 Subsection 62(2)
13
Omit "Special Account for the purposes of the Financial Management
14
and Accountability Act 1997", substitute "special account for the
15
purposes of the Public Governance, Performance and Accountability
16
Act 2013".
17
436 Section 63 (note)
18
Omit "Special Account if any of the purposes of the Account",
19
substitute "special account if any of the purposes of the special
20
account".
21
Australian Security Intelligence Organisation Act 1979
22
437 Subsection 34ZJ(3)
23
Omit "year", substitute "period".
24
438 Subsection 34ZJ(3)
25
Omit "under", substitute "referred to in".
26
439 Section 94
27
Repeal the section, substitute:
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
211
94 Annual report
1
(1) The annual report prepared by the Director-General and given to
2
the Minister under section 46 of the Public Governance,
3
Performance and Accountability Act 2013 for a period must
4
include a statement of:
5
(a) the total number of requests made under Division 3 of Part III
6
to issuing authorities during the period for the issue of
7
warrants under that Division; and
8
(b) the total number of warrants issued during the period under
9
that Division; and
10
(c) the total number of warrants issued during the period under
11
section 34E; and
12
(d) the number of hours each person appeared before a
13
prescribed authority for questioning under a warrant issued
14
during the period under section 34E and the total of all those
15
hours for all those persons; and
16
(e) the total number of warrants issued during the period under
17
section 34G; and
18
(f) the following numbers:
19
(i) the number of hours each person appeared before a
20
prescribed authority for questioning under a warrant
21
issued during the period under section 34G;
22
(ii) the number of hours each person spent in detention
23
under such a warrant;
24
(iii) the total of all those hours for all those persons; and
25
(g) the number of times each prescribed authority had persons
26
appear for questioning before him or her under warrants
27
issued during the period.
28
(2) A statement included under subsection (1) in a report must not
29
name, or otherwise specifically identify, any person to whom
30
information provided in the report relates.
31
(3) A copy of the report must be given to the Leader of the Opposition
32
in the House of Representatives, but it is the duty of the Leader of
33
the Opposition to treat as secret any part of the report that is not
34
tabled in a House of the Parliament.
35
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and Transitional Provisions) Bill 2014
No. , 2014
(4) Subject to subsection (5), the Minister must cause a copy of the
1
report to be laid before each House of the Parliament within 20
2
sitting days of that House after the report is received by the
3
Minister.
4
(5) For the purposes of subsection (4), the Minister may make such
5
deletions from the report as the Minister, after obtaining advice
6
from the Director-General, considers necessary in order to avoid
7
prejudice to security, the defence of the Commonwealth, the
8
conduct of the Commonwealth's international affairs or the privacy
9
of individuals.
10
(6) The Minister must not delete from a report a statement described in
11
subsection (1).
12
Australian Sports Anti-Doping Authority Act 2006
13
440 Section 22 (note)
14
Repeal the note.
15
441 Subsection 24(4)
16
Omit "Financial Management and Accountability Act 1997", substitute
17
"Public Governance, Performance and Accountability Act 2013".
18
442 Section 24E
19
Repeal the section.
20
443 Paragraph 24J(2)(b)
21
Omit "24E or".
22
444 After paragraph 24J(2)(b)
23
Insert:
24
(ba) the CEO fails, without reasonable excuse, to comply with
25
section 29 of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with the duty to
27
disclose interests) or rules made for the purposes of that
28
section; or
29
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and Transitional Provisions) Bill 2014
213
445 Sections 31 and 32
1
Repeal the sections, substitute:
2
31 Disclosure of interests to the Minister
3
(1) A disclosure by an Advisory Group member under section 29 of
4
the Public Governance, Performance and Accountability Act 2013
5
(which deals with the duty to disclose interests) must be made to
6
the Minister.
7
(2) Subsection (1) applies in addition to any rules made for the
8
purposes of that section.
9
(3) For the purposes of this Act and the Public Governance,
10
Performance and Accountability Act 2013, the Advisory Group
11
member is taken not to have complied with section 29 of that Act if
12
the member does not comply with subsection (1) of this section.
13
32 Disclosure of interests by CEO attending etc. Advisory Group
14
meetings
15
If:
16
(a) the CEO attends and participates in, or proposes to attend or
17
participate in, a meeting of the Advisory Group; and
18
(b) rules made for the purposes of section 29 of the Public
19
Governance, Performance and Accountability Act 2013 apply
20
in relation to the participation of Advisory Group members in
21
the meeting;
22
the CEO must, in relation to the CEO's participation in the
23
meeting, comply with those rules as if the CEO were an Advisory
24
Group member.
25
446 Paragraph 37(2)(b)
26
Omit "section 31 or 32", substitute "section 29 of the Public
27
Governance, Performance and Accountability Act 2013 (which deals
28
with the duty to disclose interests) or rules made for the purposes of that
29
section".
30
447 Sections 48 and 49
31
Repeal the sections, substitute:
32
Schedule 7 Amendments of Acts starting with A
214
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
48 Disclosure of interests to the Minister
1
(1) A disclosure by an ADRVP member under section 29 of the Public
2
Governance, Performance and Accountability Act 2013 (which
3
deals with the duty to disclose interests) must be made to the
4
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, the ADRVP member is
9
taken not to have complied with section 29 of that Act if the
10
member does not comply with subsection (1) of this section.
11
448 Paragraph 50C(2)(b)
12
Omit "48, 49 or".
13
449 After paragraph 50C(2)(b)
14
Insert:
15
(ba) the ADRVP member fails, without reasonable excuse, to
16
comply with section 29 of the Public Governance,
17
Performance and Accountability Act 2013 (which deals with
18
the duty to disclose interests) or rules made for the purposes
19
of that section; or
20
450 Sections 74 and 75
21
Repeal the sections, substitute:
22
74 Annual report
23
(1) The annual report prepared by the CEO and given to the Minister
24
under section 46 of the Public Governance, Performance and
25
Accountability Act 2013 for a period must set out the following:
26
(a) the number of disclosure notices given in the period;
27
(b) the number of proceedings for contraventions of section 13C
28
(failure to comply with disclosure notice) that were
29
commenced or concluded in the period;
30
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and Transitional Provisions) Bill 2014
215
(c) the number of proceedings concluded in the period in which
1
a person was ordered to pay a civil penalty for contravening
2
section 13C of this Act.
3
(2) Without limiting subsection (1), the report must set out the number
4
of times the CEO has exercised the discretion referred to in
5
subsection 68(5A) of this Act in relation to protected customs
6
information during the period.
7
Australian Sports Commission Act 1989
8
451 Section 3 (definition of Finance Minister)
9
Omit "Financial Management and Accountability Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
452 Subsection 5(2) (note)
12
Repeal the note, substitute:
13
Note:
The Public Governance, Performance and Accountability Act 2013
14
applies to the Commission. That Act deals with matters relating to
15
corporate Commonwealth entities, including reporting and the use and
16
management of public resources.
17
453 Paragraph 19(2)(b)
18
Repeal the paragraph.
19
454 At the end of subsection 19(2)
20
Add:
21
Note:
The appointment of an appointed member may also be terminated
22
under section 30 of the Public Governance, Performance and
23
Accountability Act 2013 (which deals with terminating the
24
appointment of an accountable authority, or a member of an
25
accountable authority, for contravening general duties of officials).
26
455 Subsection 22(7)
27
Repeal the subsection, substitute:
28
(7) Rules made for the purposes of section 29 of the Public
29
Governance, Performance and Accountability Act 2013 dealing
30
with disclosing interests in a matter that is about to be considered
31
Schedule 7 Amendments of Acts starting with A
216
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
by a body (other than the members of an accountable authority)
1
apply to members of a committee as if:
2
(a) the committee were the accountable authority of a
3
Commonwealth entity; and
4
(b) the members were members of that accountable authority;
5
and
6
(c) the Commission were the responsible Minister for that
7
Commonwealth entity.
8
456 Part IV (heading)
9
Repeal the heading, substitute:
10
Part IV--Corporate plans and annual operational
11
plans
12
457 Sections 23 and 24
13
Repeal the sections, substitute:
14
23 Corporate plans
15
Each corporate plan prepared by the members of the Commission
16
under section 35 of the Public Governance, Performance and
17
Accountability Act 2013:
18
(a) must be submitted to the Minister for approval not less than 3
19
months, or such lesser period as the Minister, in special
20
circumstances, allows, before the day of commencement of
21
the period to which the corporate plan relates; and
22
(b) must be laid before each House of the Parliament within 15
23
sitting days of that House after the Minister has approved the
24
corporate plan; and
25
(c) comes into force on:
26
(i) the day on which it is approved by the Minister; or
27
(ii) the day of commencement of the period to which it
28
relates;
29
whichever is the later.
30
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No. , 2014
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and Transitional Provisions) Bill 2014
217
458 Section 25 (heading)
1
Repeal the heading, substitute:
2
25 Variation of corporate plans
3
459 Subsection 25(1)
4
Omit "in respect of which a strategic plan prepared in accordance with
5
section 23 is in force", substitute "to which a corporate plan, prepared
6
by the members of the Commission under section 35 of the Public
7
Governance, Performance and Accountability Act 2013, relates".
8
460 Subsection 25(1)
9
Omit "the strategic plan", substitute "the corporate plan".
10
461 Subsections 25(2) and (3) and 26(1), (2) and (5)
11
Omit "strategic plan" (wherever occurring), substitute "corporate plan".
12
462 Section 27
13
Omit "strategic plan", substitute "corporate plan".
14
463 Section 37
15
Before "The Executive Director", insert "(1)".
16
464 At the end of section 37
17
Add:
18
(2) Subsection (1) applies in addition to section 29 of the Public
19
Governance, Performance and Accountability Act 2013 (which
20
deals with the duty to disclose interests).
21
465 Subsection 45(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 the
26
Commission.
27
Schedule 7 Amendments of Acts starting with A
218
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
466 Subsection 47(1)
1
Omit "(1)".
2
467 Subsection 47(2)
3
Repeal the subsection.
4
468 Section 48
5
Repeal the section, substitute:
6
48 Extra matters to be included in annual report
7
The annual report prepared by the members of the Commission and
8
given to the Minister under section 46 of the Public Governance,
9
Performance and Accountability Act 2013 for a period must:
10
(a) specify the financial transactions and the state of the affairs
11
of the Australian Sports Foundation; and
12
(b) include particulars of each direction given to it by the
13
Minister under subsection 11(1) that is applicable in relation
14
to the period; and
15
(c) include an assessment of the extent to which its operations
16
during the period have implemented the relevant operational
17
plan; and
18
(d) include particulars of:
19
(i) significant capital works programs (if any) undertaken
20
by the Commission during the period; and
21
(ii) significant acquisitions and dispositions of real property
22
by the Commission during the period; and
23
(iii) variations to the operational plan agreed to by the
24
Minister during the period.
25
469 Subsection 52(1)
26
Omit "maintained under subsection 18(2) of the Commonwealth
27
Authorities and Companies Act 1997".
28
Australian Trade Commission Act 1985
29
470 Subsection 3(1) (definition of corporate plan)
30
Repeal the definition, substitute:
31
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
219
corporate plan means a plan prepared by the CEO under
1
section 35 of the Public Governance, Performance and
2
Accountability Act 2013, and includes such a plan as varied under
3
section 66 of this Act.
4
471 Section 64
5
Repeal the section.
6
472 Section 92
7
Repeal the section, substitute:
8
92 Annual reports
9
The annual report prepared by the CEO and given to the Minister
10
under section 46 of the Public Governance, Performance and
11
Accountability Act 2013 for a period must include the following:
12
(a) information about the Commission's operations under the
13
Export Market Development Grants Act 1997 during the
14
period;
15
(b) particulars of all directions given by the Minister to the CEO
16
under subsection 10(1) during the period, other than any
17
direction that includes a statement to the effect that the
18
direction is not to be disclosed:
19
(i) for reasons of national security; or
20
(ii) because its disclosure would have an adverse effect on
21
the financial interests or property interests of the
22
Commonwealth or of an instrumentality of the
23
Commonwealth.
24
Australian War Memorial Act 1980
25
473 Section 3 (definition of Finance Minister)
26
Omit "Financial Management and Accountability Act 1997", substitute
27
"Public Governance, Performance and Accountability Act 2013".
28
474 Subsection 4(2) (note)
29
Repeal the note, substitute:
30
Schedule 7 Amendments of Acts starting with A
220
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note:
The Public Governance, Performance and Accountability Act 2013
1
applies to the Memorial. That Act deals with matters relating to
2
corporate Commonwealth entities, including reporting and the use and
3
management of public resources.
4
475 Paragraph 14(2)(b)
5
Omit "; or", substitute ";".
6
476 Paragraph 14(2)(c)
7
Repeal the paragraph.
8
477 At the end of subsection 14(2)
9
Add:
10
Note:
The appointment of an appointed member may also be terminated
11
under section 30 of the Public Governance, Performance and
12
Accountability Act 2013 (which deals with terminating the
13
appointment of an accountable authority, or a member of an
14
accountable authority, for contravening general duties of officials).
15
478 Subsection 32(4)
16
Omit "in accordance with subsection 18(2) of the Commonwealth
17
Authorities and Companies Act 1997".
18
479 Subsection 33(2)
19
Repeal the subsection, substitute:
20
(2) Subsection (1) does not prevent investment, under section 59 of the
21
Public Governance, Performance and Accountability Act 2013, of
22
money that is not immediately required for the purposes of the
23
Memorial.
24
480 Subsection 35(1)
25
Omit "(1)".
26
481 Subsection 35(2)
27
Repeal the subsection.
28
Amendments of Acts starting with A Schedule 7
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
221
Autonomous Sanctions Act 2011
1
482 Section 4 (definition of Commonwealth entity)
2
Repeal the definition, substitute:
3
Commonwealth entity has the same meaning as in the Public
4
Governance, Performance and Accountability Act 2013.
5
Schedule 8 Amendments of Acts starting with B to E
222
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 8
--Amendments of Acts starting
1
with B to E
2
3
Banking Act 1959
4
1 Subsection 5(1) (definition of Finance Minister)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
2 Subsection 69(11B)
8
Repeal the subsection, substitute:
9
(11B) The Treasurer may, by instrument in writing, delegate any of his or
10
her functions or powers under this section to:
11
(a) a corporate Commonwealth entity for which the Treasurer is
12
the responsible Minister; or
13
(b) a member, or staff member, of such an entity.
14
3 At the end of subsection 69(12)
15
Add:
16
corporate Commonwealth entity has the same meaning as in the
17
Public Governance, Performance and Accountability Act 2013.
18
responsible Minister has the same meaning as in the Public
19
Governance, Performance and Accountability Act 2013.
20
4 Subsection 70C(2) (heading)
21
Repeal the heading, substitute:
22
Specifying amounts to be credited to special account
23
5 Subsection 70C(2) (note)
24
Omit "Special Account", substitute "special account".
25
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
223
6 Subsection 70C(4)
1
Omit "subsection 21(2) of the Financial Management and
2
Accountability Act 1997", substitute "subsection 80(3) of the Public
3
Governance, Performance and Accountability Act 2013".
4
7 Subsection 70E(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
8 Subsection 70F(1) (note)
10
Omit "Special Account" (wherever occurring), substitute "special
11
account".
12
9 Section 70G (note)
13
Repeal the note, substitute:
14
Note:
See section 80 of the Public Governance, Performance and
15
Accountability Act 2013 (which deals with special accounts).
16
Bankruptcy Act 1966
17
10 Subsection 5(1) (definition of Finance Minister)
18
Omit "Financial Management and Accountability Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
11 Section 18AA
21
Repeal the section, substitute:
22
18AA Public Governance, Performance and Accountability Act 2013
23
does not apply to the Official Trustee
24
Despite paragraph 10(1)(d) of the Public Governance,
25
Performance and Accountability Act 2013, the Official Trustee is
26
not a Commonwealth entity for the purposes of that Act.
27
Schedule 8 Amendments of Acts starting with B to E
224
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
12 Subsection 20G(2)
1
Omit "Special Account for the purposes of the Financial Management
2
and Accountability Act 1997", substitute "special account for the
3
purposes of the Public Governance, Performance and Accountability
4
Act 2013".
5
Cancer Australia Act 2006
6
13 Subsection 13(1) (note)
7
Repeal the note, substitute:
8
Note:
For other powers of delegation, see section 110 of the Public
9
Governance, Performance and Accountability Act 2013.
10
14 Section 20
11
Repeal the section.
12
15 Paragraph 23(2)(d)
13
Repeal the paragraph, substitute:
14
(d) the Chief Executive Officer fails, without reasonable excuse,
15
to comply with section 29 of the Public Governance,
16
Performance and Accountability Act 2013 (which deals with
17
the duty to disclose interests) or rules made for the purposes
18
of that section.
19
16 Subsection 32(2)
20
Repeal the subsection, substitute:
21
(2) Subsection (1) applies in addition to section 29 of the Public
22
Governance, Performance and Accountability Act 2013 (which
23
deals with the duty to disclose interests).
24
17 Paragraph 35(2)(c)
25
Repeal the paragraph, substitute:
26
(c) the Advisory Council member fails, without reasonable
27
excuse, to comply with:
28
(i) section 32 (which deals with disclosure of pecuniary
29
interests to the Minister); or
30
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
225
(ii) section 29 of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with the duty to
2
disclose interests) or rules made for the purposes of that
3
section.
4
18 Section 37
5
Repeal the section, substitute:
6
37 Annual report
7
The annual report prepared by the Chief Executive Officer and
8
given to the Minister under section 46 of the Public Governance,
9
Performance and Accountability Act 2013 for a period must
10
include a report on the Advisory Council's operations during the
11
period.
12
Charter of Budget Honesty Act 1998
13
19 Subclause 3(1) of Schedule 1 (definition of Minister for
14
Finance)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
Charter of the United Nations Act 1945
18
20 Section 2 (definition of Commonwealth entity)
19
Repeal the definition, substitute:
20
Commonwealth entity has the same meaning as in the Public
21
Governance, Performance and Accountability Act 2013.
22
Child Support (Registration and Collection) Act 1988
23
21 Subsection 73(2)
24
Omit "Special Account for the purposes of the Financial Management
25
and Accountability Act 1997", substitute "special account for the
26
purposes of the Public Governance, Performance and Accountability
27
Act 2013".
28
Schedule 8 Amendments of Acts starting with B to E
226
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
22 Subsection 74(3)
1
Omit "section 30 of the Financial Management and Accountability Act
2
1997", substitute "section 74 of the Public Governance, Performance
3
and Accountability Act 2013 (which deals with receipt of amounts by
4
non-corporate Commonwealth entities)".
5
Civil Aviation Act 1988
6
23 Section 3 (definition of corporate plan)
7
Repeal the definition.
8
24 Section 3 (definition of Finance Minister)
9
Omit "Financial Management and Accountability Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
25 Subsection 8(2) (note)
12
Repeal the note, substitute:
13
Note:
The Public Governance, Performance and Accountability Act 2013
14
applies to the CASA. That Act deals with matters relating to corporate
15
Commonwealth entities, including reporting and the use and
16
management of public resources.
17
26 Subsection 12(5)
18
Repeal the subsection (including the note), substitute:
19
(5) This section does not affect the application of section 22 of the
20
Public Governance, Performance and Accountability Act 2013
21
(which deals with the application of government policy to
22
corporate Commonwealth entities) in relation to CASA.
23
27 Section 44
24
Repeal the section, substitute:
25
44 Corporate plan
26
(1) A corporate plan prepared by the Board under section 35 of the
27
Public Governance, Performance and Accountability Act 2013
28
must be given to the Minister for the Minister's approval.
29
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
227
(2) The plan must include details of the following matters:
1
(a) analysis of risk factors likely to affect safety in the aviation
2
industry;
3
(b) human resource strategies and industrial relations strategies;
4
(c) any other matters required by the Minister.
5
(3) In preparing the plan, the Board must take account of notices given
6
under section 12A.
7
28 Subsection 47(2)
8
Repeal the subsection, substitute:
9
(2) Subsection (1) does not prevent investment, under section 59 of the
10
Public Governance, Performance and Accountability Act 2013, of
11
money that is not immediately required for the purposes of CASA.
12
29 Section 49
13
Repeal the section, substitute:
14
49 Extra matters to be included in annual report
15
Each annual report prepared by the Board and given to the Minister
16
under section 46 of the Public Governance, Performance and
17
Accountability Act 2013 for a period must include the following:
18
(a) particulars of each direction given to the Board by the
19
Minister under section 12 of this Act during the period;
20
(b) in relation to notices given to the Board by the Minister under
21
section 12A:
22
(i) particulars of each notice given during the period; and
23
(ii) a summary of action taken in the period by CASA, or by
24
the Board, because of notice given to the Board in that
25
period or any other period;
26
(c) particulars of each direction given to CASA by the Minister
27
under section 12B during the period.
28
30 Subsection 52(1) (note)
29
Repeal the note, substitute:
30
Note:
As a member of the governing body, the Director is a member of the
31
accountable authority of a Commonwealth entity for the purposes of
32
Schedule 8 Amendments of Acts starting with B to E
228
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
the Public Governance, Performance and Accountability Act 2013:
1
see the definition of accountable authority in section 12 of that Act.
2
31 Paragraph 60(2)(c)
3
Omit "; or", substitute ".".
4
32 Paragraph 60(2)(d)
5
Repeal the paragraph.
6
33 At the end of subsection 60(2)
7
Add:
8
Note:
The appointment of a Board member may also be terminated under
9
section 30 of the Public Governance, Performance and Accountability
10
Act 2013 (which deals with terminating the appointment of an
11
accountable authority, or a member of an accountable authority, for
12
contravening general duties of officials).
13
34 Paragraph 60(4)(b)
14
Repeal the paragraph, substitute:
15
(b) the Board members have failed to comply with section 19 of
16
the Public Governance, Performance and Accountability Act
17
2013;
18
35 Paragraph 66(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
36 Subsection 70(3)
23
Omit "section 27J of the Commonwealth Authorities and Companies
24
Act 1997", substitute "rules made for the purposes of section 29 of the
25
Public Governance, Performance and Accountability Act 2013".
26
37 Paragraph 81(e)
27
Omit "; or", substitute ".".
28
38 Paragraph 81(f)
29
Repeal the paragraph.
30
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
229
39 At the end of section 81
1
Add:
2
Note:
The appointment of the Director may also be terminated under
3
section 30 of the Public Governance, Performance and Accountability
4
Act 2013 (which deals with terminating the appointment of an
5
accountable authority, or a member of an accountable authority, for
6
contravening general duties of officials).
7
Classification (Publications, Films and Computer Games)
8
Act 1995
9
40 Section 5 (definition of Finance Minister)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
41 Subsections 13(1), 14(1), 15(3) and (4) and 17(1) (note)
13
Omit ", or a Commonwealth authority or agency", substitute "or a
14
Commonwealth entity".
15
42 Subsection 22A(2) (note)
16
Omit "Commonwealth authority", substitute "Commonwealth entity".
17
43 Subsections 27(2), (3), (5) and (6) and 87(2), (3), (5) and (6)
18
(note)
19
Omit ", or a Commonwealth authority or agency", substitute "or a
20
Commonwealth entity".
21
44 Subsection 91A(4)
22
Repeal the subsection (not including the note), substitute:
23
(4) In subsections (1) and (2), Commonwealth includes a
24
Commonwealth entity (within the meaning of the Public
25
Governance, Performance and Accountability Act 2013) that
26
cannot be made liable to taxation by a Commonwealth law.
27
Schedule 8 Amendments of Acts starting with B to E
230
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
COAG Reform Fund Act 2008
1
45 Subsection 5(2)
2
Omit "Special Account for the purposes of the Financial Management
3
and Accountability Act 1997", substitute "special account for the
4
purposes of the Public Governance, Performance and Accountability
5
Act 2013".
6
46 Subsection 5(2) (note 1)
7
Omit "Special Account" (wherever occurring), substitute "special
8
account".
9
47 Section 6 (note)
10
Repeal the note, substitute:
11
Note:
See section 80 of the Public Governance, Performance and
12
Accountability Act 2013 (which deals with special accounts).
13
Coal Mining Industry (Long Service Leave) Administration
14
Act 1992
15
48 Subsection 4(1) (definition of Finance Minister)
16
Omit "Financial Management and Accountability Act 1997", substitute
17
"Public Governance, Performance and Accountability Act 2013".
18
49 Subsection 6(2) (note)
19
Repeal the note, substitute:
20
Note:
The Public Governance, Performance and Accountability Act 2013
21
applies to the Corporation. That Act deals with matters relating to
22
corporate Commonwealth entities, including reporting and the use and
23
management of public resources.
24
50 Subsection 17(2)
25
Omit "section 27J of the Commonwealth Authorities and Companies
26
Act 1997", substitute "rules made for the purposes of section 29 of the
27
Public Governance, Performance and Accountability Act 2013".
28
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and Transitional Provisions) Bill 2014
231
51 Paragraph 28(2)(c)
1
Omit "of this Act or section 27F or 27J of the Commonwealth
2
Authorities and Companies Act 1997".
3
52 At the end of subsection 28(2)
4
Add:
5
Note:
The appointment of a Director may also be terminated under
6
section 30 of the Public Governance, Performance and Accountability
7
Act 2013 (which deals with terminating the appointment of an
8
accountable authority, or a member of an accountable authority, for
9
contravening general duties of officials).
10
53 Section 39
11
Repeal the section, substitute:
12
39 Application of the Public Governance, Performance and
13
Accountability Act 2013
14
Section 59 of the Public Governance, Performance and
15
Accountability Act 2013 (which deals with investment by corporate
16
Commonwealth entities) does not apply to the Corporation.
17
Note:
Money standing to the credit of the Fund is relevant money for the
18
purposes of the Public Governance, Performance and Accountability
19
Act 2013. (See section 40 of this Act and the definition of relevant
20
money in section 8 of the Public Governance, Performance and
21
Accountability Act 2013.)
22
54 Subsection 50(1A)
23
Omit "an officer (within the meaning of the Commonwealth Authorities
24
and Companies Act 1997)", substitute "an official (within the meaning
25
of the Public Governance, Performance and Accountability Act 2013)".
26
Coal Mining Industry (Long Service Leave) Payroll Levy
27
Collection Act 1992
28
55 Subsection 9(3)
29
Repeal the subsection, substitute:
30
Schedule 8 Amendments of Acts starting with B to E
232
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(3) The annual report prepared by the Board and given to the Minister
1
under section 46 of the Public Governance, Performance and
2
Accountability Act 2013 for a period must include particulars of:
3
(a) any amounts paid to, or recovered by, the Corporation or
4
another person under this section during the period; and
5
(b) any proceedings brought by the Corporation to recover an
6
amount under subsection (2) during the period.
7
Coastal Trading (Revitalising Australian Shipping) Act 2012
8
56 Subsection 6(1) (paragraph (a) of the definition of
9
Commonwealth agency)
10
Repeal the paragraph, substitute:
11
(a) a non-corporate Commonwealth entity (within the meaning
12
of the Public Governance, Performance and Accountability
13
Act 2013); and
14
57 Paragraph 110(1)(b)
15
Repeal the paragraph, substitute:
16
(b) the accountable authority, or a member of an accountable
17
authority, of a Commonwealth entity within the meaning of
18
the Public Governance, Performance and Accountability Act
19
2013;
20
Commonwealth Electoral Act 1918
21
58 Subsection 4(1) (definition of Finance Minister)
22
Omit "Financial Management and Accountability Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
59 At the end of section 11
25
Add:
26
(3) This section applies in addition to section 29 of the Public
27
Governance, Performance and Accountability Act 2013 (which
28
deals with the duty to disclose interests).
29
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and Transitional Provisions) Bill 2014
233
60 Subsection 17(1)
1
Repeal the subsection.
2
61 Subsection 17(1A)
3
Omit "under subsection (1) in relation to the operations of the
4
Commission for the year ending on 30 June 2001, and for each
5
subsequent year, must include particulars for that year of", substitute
6
"prepared by the Electoral Commissioner and given to the Minister
7
under section 46 of the Public Governance, Performance and
8
Accountability Act 2013 for a period must include particulars for the
9
period of".
10
62 Subsection 17(2C)
11
Omit "under this" (wherever occurring), substitute "referred to in this".
12
63 Subsection 17(4)
13
Omit "(1),".
14
64 Subsection 17(5)
15
Omit "under this" (wherever occurring), substitute "referred to in this".
16
65 Subsection 17A(1)
17
Omit "under" (first occurring), substitute "referred to in".
18
66 Subsection 25(3)
19
Repeal the subsection, substitute:
20
(3) The Governor-General must terminate the appointment of the
21
Electoral Commissioner, or the Deputy Electoral Commissioner
22
while acting as the Electoral Commissioner, if the Commissioner
23
or Deputy fails, without reasonable excuse, to comply with his or
24
her obligations under:
25
(a) section 11; or
26
(b) section 29 of the Public Governance, Performance and
27
Accountability Act 2013 (which deals with the duty to
28
disclose interests) or rules made for the purposes of that
29
section.
30
Schedule 8 Amendments of Acts starting with B to E
234
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Commonwealth Inscribed Stock Act 1911
1
67 Paragraph 51JA(2A)(c)
2
Omit "subsection 39(2) of the Financial Management and
3
Accountability Act 1997", substitute "section 58 of the Public
4
Governance, Performance and Accountability Act 2013".
5
Commonwealth Places (Application of Laws) Act 1970
6
68 Section 21
7
Repeal the section, substitute:
8
21 Amounts received by an authority of a State not other CRF
9
money
10
Despite subsection 105(2) of the Public Governance, Performance
11
and Accountability Act 2013, an amount received by an authority
12
of a State under the applied provisions is not other CRF money for
13
the purposes of that Act.
14
Commonwealth Places (Mirror Taxes) Act 1998
15
69 Subsection 23(5)
16
Repeal the subsection, substitute:
17
(5) Despite subsection 105(2) of the Public Governance, Performance
18
and Accountability Act 2013, an amount received under an applied
19
law is not other CRF money for the purposes of that Act.
20
ComSuper Act 2011
21
70 Subsection 7(1)
22
Omit "(1)".
23
71 At the end of subsection 7(1)
24
Add:
25
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
235
Note:
The CEO is not on the Board of the CSC, and is not a member of the
1
accountable authority of the CSC. (See section 12 of the Public
2
Governance, Performance and Accountability Act 2013.)
3
72 Subsection 7(2)
4
Repeal the subsection.
5
73 Paragraph 8(5)(a)
6
Omit "Financial Management and Accountability Act 1997", substitute
7
"Public Governance, Performance and Accountability Act 2013".
8
74 Section 15
9
Repeal the section.
10
75 Paragraph 18(1)(e)
11
Omit "section 15", substitute "section 29 of the Public Governance,
12
Performance and Accountability Act 2013 (which deals with the duty to
13
disclose interests) or rules made for the purposes of that section".
14
76 Subsection 21(2)
15
Omit "Special Account for the purposes of the Financial Management
16
and Accountability Act 1997", substitute "special account for the
17
purposes of the Public Governance, Performance and Accountability
18
Act 2013".
19
77 Section 22 (note)
20
Omit "Special Account if any of the purposes of the Account",
21
substitute "special account if any of the purposes of the special
22
account".
23
78 Paragraph 23(2)(f)
24
Omit "Special".
25
79 Subsection 23(2) (note)
26
Repeal the note, substitute:
27
Note:
See section 80 of the Public Governance, Performance and
28
Accountability Act 2013 (which deals with special accounts).
29
Schedule 8 Amendments of Acts starting with B to E
236
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
80 Section 24
1
Repeal the section, substitute:
2
24 Annual report
3
The annual report prepared by the CEO and given to the Minister
4
under section 46 of the Public Governance, Performance and
5
Accountability Act 2013 for a period must include:
6
(a) particulars of any directions given to the CEO by CSC during
7
the period; and
8
(b) the impact of the directions on the performance of the CEO's
9
function.
10
Corporations (Aboriginal and Torres Strait Islander) Act
11
2006
12
81 Subsection 551-20(2)
13
Omit "Special Account for the purposes of the Financial Management
14
and Accountability Act 1997", substitute "special account for the
15
purposes of the Public Governance, Performance and Accountability
16
Act 2013".
17
82 Paragraph 604-25(4)(c)
18
Omit "a Chief Executive, or an officer or employee, of a prescribed
19
Agency (within the meaning of the Financial Management and
20
Accountability Act 1997)", substitute "an accountable authority, a
21
member of an accountable authority or any other official (within the
22
meaning of the Public Governance, Performance and Accountability
23
Act 2013) of a non-corporate Commonwealth entity (within the
24
meaning of that Act)".
25
83 Paragraph 604-25(4)(g)
26
Repeal the paragraph, substitute:
27
(g) an accountable authority, a member of an accountable
28
authority or any other official (within the meaning of the
29
Public Governance, Performance and Accountability Act
30
2013) of a non-corporate Commonwealth entity (within the
31
meaning of that Act) if the entity is prescribed for the
32
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
237
purposes of this paragraph, for the purposes of performing
1
the functions, or exercising the powers, conferred on the
2
entity by a law of the Commonwealth;
3
Crimes (Superannuation Benefits) Act 1989
4
84 Subsection 2(1) (definition of Finance Minister)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
Criminology Research Act 1971
8
85 Section 4 (definition of Finance Minister)
9
Omit "Financial Management and Accountability Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
86 Subsection 46(2)
12
Omit "Special Account for the purposes of the Financial Management
13
and Accountability Act 1997", substitute "special account for the
14
purposes of the Public Governance, Performance and Accountability
15
Act 2013".
16
87 Subsection 46(3) (note)
17
Omit "Special Account if any of the purposes of the Account",
18
substitute "special account if any of the purposes of the special
19
account".
20
88 Subsection 46(4) (note)
21
Repeal the note, substitute:
22
Note:
See section 80 of the Public Governance, Performance and
23
Accountability Act 2013 (which deals with special accounts).
24
89 Section 49
25
Repeal the section, substitute:
26
Schedule 8 Amendments of Acts starting with B to E
238
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
49 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:
4
(a) if a grant was made to a person during the period:
5
(i) the name of the person; and
6
(ii) the amount of the grant; and
7
(iii) the purpose of the grant; and
8
(b) any other matter prescribed by the regulations.
9
CSL Sale Act 1993
10
90 Subsection 3(1) (definition of Finance Minister)
11
Omit "Financial Management and Accountability Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
Customs Act 1901
14
91 Subsection 4(1) (definition of Finance Minister)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
92 Section 269SML
18
Repeal the section, substitute:
19
269SML Disclosure of interests
20
(1) A disclosure by the Commissioner under section 29 of the Public
21
Governance, Performance and Accountability Act 2013 (which
22
deals with the duty to disclose interests) must be made to the
23
Minister.
24
(2) Subsection (1) applies in addition to any rules made for the
25
purposes of that section.
26
(3)
For the purposes of this Act and the Public Governance,
27
Performance and Accountability Act 2013, the Commissioner
is
28
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
239
taken not to have complied with section 29 of that Act if the
1
Commissioner does not comply with subsection (1) of this section.
2
93 Paragraph 269SMO(2)(c)
3
Omit "section 269SML", substitute "section 29 of the Public
4
Governance, Performance and Accountability Act 2013 (which deals
5
with the duty to disclose interests) or rules made for the purposes of that
6
section".
7
Customs Administration Act 1985
8
94 Section 11
9
Before "The", insert "(1)".
10
95 At the end of section 11
11
Add:
12
(2) Subsection (1) applies in addition to section 29 of the Public
13
Governance, Performance and Accountability Act 2013 (which
14
deals with the duty to disclose interests).
15
96 Section 17
16
Repeal the section.
17
Dairy Produce Act 1986
18
97 Clause 104 of Schedule 2
19
Repeal the clause, substitute:
20
104 Application of the Public Governance, Performance and
21
Accountability Act 2013
22
Despite subsection 105(2) of the Public Governance, Performance
23
and Accountability Act 2013, levy collected by a collection agent, a
24
collection sub-agent or a collecting organisation is not other CRF
25
money for the purposes of that Act.
26
Schedule 8 Amendments of Acts starting with B to E
240
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
98 Subclause 131(5) of Schedule 2
1
Repeal the subclause, substitute:
2
(5) In this clause:
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 a
6
Commonwealth law.
7
Minister for Finance means the Minister administering the Public
8
Governance, Performance and Accountability Act 2013.
9
Defence Act 1903
10
99 Subsection 123H(3)
11
Omit "regulations in force for the purposes of subparagraph 65(2)(a)(ia)
12
of the Financial Management and Accountability Act 1997", substitute
13
"rules made for the purposes of section 65 of the Public Governance,
14
Performance and Accountability Act 2013 (which deals with act of
15
grace payments by the Commonwealth)".
16
100 Subsection 123H(4)
17
Omit "section 33 of the Financial Management and Accountability Act
18
1997", substitute "section 65 of the Public Governance, Performance
19
and Accountability Act 2013".
20
Defence Force Discipline Appeals Act 1955
21
101 Subsection 4(1) (definition of Finance Minister)
22
Omit "Financial Management and Accountability Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
Defence Force Retirement and Death Benefits Act 1973
25
102 Subsection 3(1) (definition of Finance Minister)
26
Omit "Financial Management and Accountability Act 1997", substitute
27
"Public Governance, Performance and Accountability Act 2013".
28
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
241
103 Subsections 124B(2) and (3) and 124C(3) (note)
1
Repeal the note.
2
104 Subsection 124D(10)
3
Omit "Financial Management and Accountability Act 1997) who is in
4
the Department or is part of the Department", substitute "Public
5
Governance, Performance and Accountability Act 2013) of the
6
Department".
7
Defence Forces Retirement Benefits Act 1948
8
105 Subsection 4(1) (definition of Finance Minister)
9
Omit "Financial Management and Accountability Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
Defence Forces Retirement Benefits (Pension Increases) Act
12
1967
13
106 Subsection 3(1) (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
Defence Home Ownership Assistance Scheme Act 2008
17
107 Section 3 (definition of Commonwealth agency)
18
Omit "an Agency within the meaning of the Financial Management and
19
Accountability Act 1997", substitute "a non-corporate Commonwealth
20
entity within the meaning of the Public Governance, Performance and
21
Accountability Act 2013".
22
108 Section 83
23
Repeal the section.
24
Schedule 8 Amendments of Acts starting with B to E
242
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Defence Housing Australia Act 1987
1
109 Subsection 3(1) (definition of Finance Minister)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
110 Subsections 6(1) and (2)
5
Repeal the subsections, substitute:
6
(1) The first additional function of DHA is to provide adequate and
7
suitable housing for, and housing-related services to:
8
(a) officials of a non-corporate Commonwealth entity (within the
9
meaning of the Public Governance, Performance and
10
Accountability Act 2013) other than the Department, and their
11
families; and
12
(b) persons contracted to provide goods or services to a
13
non-corporate Commonwealth entity (within the meaning of
14
that Act) other than the Department, and their families;
15
in order to meet the requirements of that entity.
16
(2) The second additional function of DHA is to provide services
17
ancillary to the services mentioned in subsection (1) and in
18
subsection 5(1), to persons mentioned in those subsections, in
19
order to meet the requirements of a non-corporate Commonwealth
20
entity (within the meaning of that Act).
21
111 Subsection 11(1) (note)
22
Repeal the note, substitute:
23
Note:
The Public Governance, Performance and Accountability Act 2013
24
applies to DHA. That Act deals with matters relating to corporate
25
Commonwealth entities, including reporting and the use and
26
management of public resources.
27
112 Section 20
28
Omit "sections 27F and 27J of the Commonwealth Authorities and
29
Companies Act 1997", substitute "section 29 of the Public Governance,
30
Performance and Accountability Act 2013 (which deals with the duty to
31
disclose interests) or rules made for the purposes of that section".
32
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
243
113 Paragraph 21(2)(b)
1
Repeal the paragraph.
2
114 At the end of subsection 21(2)
3
Add:
4
Note:
The appointment of an appointed member may also be terminated
5
under section 30 of the Public Governance, Performance and
6
Accountability Act 2013 (which deals with terminating the
7
appointment of an accountable authority, or a member of an
8
accountable authority, for contravening general duties of officials).
9
115 Subsection 26(6)
10
Repeal the subsection, substitute:
11
(6) Rules made for the purposes of section 29 of the Public
12
Governance, Performance and Accountability Act 2013 dealing
13
with disclosing interests in a matter that is about to be considered
14
by a body (other than the members of an accountable authority)
15
apply to members of a committee.
16
(7) For the purposes of subsection (6), a member of a committee does
17
not have a material personal interest in a matter only because the
18
member is the tenant of a house rented from DHA.
19
116 Subsection 66A(1)
20
Omit "Financial Management and Accountability Act 1997)", substitute
21
"Public Governance, Performance and Accountability Act 2013) of a
22
non-corporate Commonwealth entity (within the meaning of that Act)".
23
Defence Reserve Service (Protection) Act 2001
24
117 Section 7 (definition of Finance Minister)
25
Omit "Financial Management and Accountability Act 1997", substitute
26
"Public Governance, Performance and Accountability Act 2013".
27
Schedule 8 Amendments of Acts starting with B to E
244
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Defence Service Homes Act 1918
1
118 Subsection 4(1) (definition of Finance Minister)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
119 Subsection 40(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
Defence Trade Controls Act 2012
10
120 Subsection 69(6) (definition of Commonwealth entity)
11
Repeal the definition, substitute:
12
Commonwealth entity has the same meaning as in the Public
13
Governance, Performance and Accountability Act 2013.
14
Director of Public Prosecutions Act 1983
15
121 Paragraph 11(3)(b)
16
Omit "a report under subsection 33(1)", substitute "an annual report
17
given to the Minister under section 46 of the Public Governance,
18
Performance and Accountability Act 2013 for a period".
19
122 Subparagraph 11(3)(b)(i)
20
Omit "to which the report relates".
21
123 Subparagraph 11(3)(b)(ii)
22
Omit "that period", substitute "the period".
23
124 Paragraph 23(2)(e)
24
Repeal the paragraph, substitute:
25
(e) fails, without reasonable excuse, to comply with his or her
26
obligations under:
27
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
245
(i) section 24; or
1
(ii) 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;
5
125 At the end of section 24
6
Add:
7
(3) This section applies in addition to section 29 of the Public
8
Governance, Performance and Accountability Act 2013 (which
9
deals with the duty to disclose interests).
10
126 Section 33
11
Repeal the section.
12
DisabilityCare Australia Fund Act 2013
13
127 Section 4 (definition of bank)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
128 Section 4 (definition of DisabilityCare Australia
17
Transitional Special Account)
18
Repeal the definition.
19
129 Section 4 (definition of Finance Minister)
20
Omit "Financial Management and Accountability Act 1997", substitute
21
"Public Governance, Performance and Accountability Act 2013".
22
130 Subsection 11(2)
23
Omit "Special Account for the purposes of the Financial Management
24
and Accountability Act 1997", substitute "special account for the
25
purposes of the Public Governance, Performance and Accountability
26
Act 2013".
27
Schedule 8 Amendments of Acts starting with B to E
246
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
131 Subsection 11(2) (note)
1
Omit "Special Account" (wherever occurring), substitute "special
2
account".
3
132 Section 15 (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
133 Section 16 (note)
8
Repeal the note, substitute:
9
Note:
See section 80 of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with special accounts).
11
134 Subsection 28(6)
12
Omit "Section 39 of the Financial Management and Accountability Act
13
1997", substitute "Section 58 of the Public Governance, Performance
14
and Accountability Act 2013 (which deals with investment by the
15
Commonwealth)".
16
135 Section 40
17
Repeal the section.
18
136 Part 5
19
Repeal the Part.
20
137 Subsection 53(1)
21
Omit "any or all of his or her powers under section 20, 49 or 51",
22
substitute "his or her power under section 20".
23
Early Years Quality Fund Special Account Act 2013
24
138 Subsection 5(2)
25
Omit "Special Account for the purposes of the Financial Management
26
and Accountability Act 1997", substitute "special account for the
27
purposes of the Public Governance, Performance and Accountability
28
Act 2013".
29
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
247
139 Section 7 (note)
1
Repeal the note, substitute:
2
Note:
See section 80 of the Public Governance, Performance and
3
Accountability Act 2013 (which deals with special accounts).
4
Education Services for Overseas Students Act 2000
5
140 Subsection 52A(2)
6
Omit "Special Account for the purposes of the Financial Management
7
and Accountability Act 1997", substitute "special account for the
8
purposes of the Public Governance, Performance and Accountability
9
Act 2013".
10
141 Section 52B (note)
11
Omit "Special Account" (wherever occurring), substitute "special
12
account".
13
142 Subsection 52C(1) (note)
14
Repeal the note, substitute:
15
Note:
See section 80 of the Public Governance, Performance and
16
Accountability Act 2013 (which deals with special accounts).
17
143 Subparagraph 55C(1)(a)(ii)
18
Omit "Financial Management and Accountability Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
Environment Protection and Biodiversity Conservation Act
21
1999
22
144 Section 514A (note)
23
Repeal the note, substitute:
24
Note:
Subject to section 514U, the Public Governance, Performance and
25
Accountability Act 2013 applies to the Director. That Act deals with
26
matters relating to corporate Commonwealth entities, including
27
reporting and the use and management of public resources.
28
Schedule 8 Amendments of Acts starting with B to E
248
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
145 Section 514L
1
Repeal the section.
2
146 Paragraph 514P(2)(c)
3
Omit "; or", substitute ".".
4
147 Paragraph 514P(2)(d)
5
Repeal the paragraph.
6
148 At the end of subsection 514P(2)
7
Add:
8
Note:
The appointment of a person as the Director may also be terminated
9
under section 30 of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with terminating the
11
appointment of an accountable authority, or a member of an
12
accountable authority, for contravening general duties of officials).
13
149 Subparagraph 514S(d)(ii)
14
Omit "Commonwealth Authorities and Companies Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
150 Subsection 514T(2)
17
Repeal the subsection, substitute:
18
(2) Subsection (1) does not prevent investment, under section 59 of the
19
Public Governance, Performance and Accountability Act 2013, of
20
money that is not immediately required for the purposes of the
21
Fund.
22
151 Section 514U
23
Repeal the section, substitute:
24
514U Application of Public Governance, Performance and
25
Accountability Act 2013
26
(1) Sections 514A and 514E provide that the Director is a corporation.
27
The Public Governance, Performance and Accountability Act 2013
28
applies (subject to subsection (2) of this section) in relation to the
29
corporation as if the person holding, or performing the duties of,
30
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
249
the office of Director were an accountable authority of the
1
corporation for the purposes of that Act.
2
(2) To avoid doubt, the Public Governance, Performance and
3
Accountability Act 2013 applies to the Australian National Parks
4
Fund as though the Fund were money held by the Director.
5
152 Section 514V
6
Omit "section 9 of the Commonwealth Authorities and Companies Act
7
1997", substitute "and given to the Minister under section 46 of the
8
Public Governance, Performance and Accountability Act 2013 for a
9
period".
10
153 Section 514V
11
Omit "year to which the report relates", substitute "period".
12
154 Subsections 516A(1) to (4)
13
Repeal the subsections, substitute:
14
Annual reports for Commonwealth entities
15
(1) The accountable authority of a Commonwealth entity (within the
16
meaning of the Public Governance, Performance and
17
Accountability Act 2013) must ensure that an annual report
18
prepared under section 46 of that Act complies with subsection (6)
19
of this section.
20
Annual reports of Commonwealth companies
21
(4) The directors of a Commonwealth company (within the meaning of
22
the Public Governance, Performance and Accountability Act 2013)
23
that is a Commonwealth agency must ensure that the documents
24
given to the responsible Minister (within the meaning of that Act)
25
under section 97 of that Act include a report complying with
26
subsection (6) of this section.
27
155 Paragraph 516A(5)(c)
28
Omit "(3) or", substitute "(1) or".
29
Schedule 8 Amendments of Acts starting with B to E
250
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
156 Subsection 516A(6)
1
Omit "(3),".
2
Excise Act 1901
3
157 Subsection 165A(11)
4
Omit ", under section 34 of the Financial Management and
5
Accountability Act 1997, to pay the amount notified to the relevant
6
producer under subsection (3) in instalments in accordance with the
7
provisions of that Act", substitute "to pay the amount notified to the
8
relevant producer under subsection (3) in accordance with rules (if any)
9
made for the purposes of section 63 of the Public Governance,
10
Performance and Accountability Act 2013".
11
158 At the end of subsection 165A(11)
12
Add:
13
Note:
The CEO also has powers to collect and recover the duty under
14
Part 4-15 in Schedule 1 to the Taxation Administration Act 1953.
15
Export Finance and Insurance Corporation Act 1991
16
159 Subsection 3(1) (definition of Finance Minister)
17
Omit "Financial Management and Accountability Act 1997", substitute
18
"Public Governance, Performance and Accountability Act 2013".
19
160 Subsection 6(2) (note)
20
Repeal the note, substitute:
21
Note:
The Public Governance, Performance and Accountability Act 2013
22
applies to EFIC. That Act deals with matters relating to corporate
23
Commonwealth entities, including reporting and the use and
24
management of public resources.
25
161 Subsection 11(2) (note)
26
Repeal the note, substitute:
27
Note:
Section 59 of the Public Governance, Performance and Accountability
28
Act 2013 also gives EFIC the power to invest money that is not
29
immediately required for the purposes of EFIC.
30
Amendments of Acts starting with B to E Schedule 8
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
251
162 Paragraph 42(3)(b)
1
Omit "; or", substitute ".".
2
163 Paragraph 42(3)(c)
3
Repeal the paragraph.
4
164 At the end of subsection 42(3)
5
Add:
6
Note:
The appointment of an appointed member may also be terminated
7
under section 30 of the Public Governance, Performance and
8
Accountability Act 2013 (which deals with terminating the
9
appointment of an accountable authority, or a member of an
10
accountable authority, for contravening general duties of officials).
11
165 Section 49 (note)
12
Repeal the note, substitute:
13
Note:
Section 35 of the Public Governance, Performance and Accountability
14
Act 2013 requires the Board to prepare corporate plans.
15
166 Subsection 59(4)
16
Omit "Financial Management and Accountability Act 1997)", substitute
17
"Public Governance, Performance and Accountability Act 2013) of a
18
non-corporate Commonwealth entity (within the meaning of that Act)".
19
167 Section 70
20
Repeal the section, substitute:
21
70 Annual report
22
Each annual report prepared by the Board and given to the Minister
23
under section 46 of the Public Governance, Performance and
24
Accountability Act 2013 for a period must show separately the
25
financial effect on the operations of EFIC of each direction given
26
to it by the Minister under subsection 9(2) and in force at any time
27
during that period.
28
168 Section 74
29
Before "The", insert "(1)".
30
Schedule 8 Amendments of Acts starting with B to E
252
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
169 At the end of section 74
1
Add:
2
(2) Subsection (1) applies in addition to section 29 of the Public
3
Governance, Performance and Accountability Act 2013 (which
4
deals with the duty to disclose interests).
5
170 Subsection 85(2)
6
Omit "EFIC must include in each annual report", substitute "each
7
annual report prepared by the Board and given to the Minister under
8
section 46 of the Public Governance, Performance and Accountability
9
Act 2013 for a period must include".
10
171 Paragraphs 85(2)(a) and (b)
11
Omit "to which the report relates".
12
172 Paragraph 85(2)(c)
13
Omit "that period", substitute "the period".
14
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
253
Schedule 9
--Amendments of Acts starting
1
with F to L
2
3
Fair Entitlements Guarantee Act 2012
4
1 Section 5 (definition of Finance Minister)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
2 Subsection 52(2) (note)
8
Repeal the note.
9
Fair Work Act 2009
10
3 Subsection 652(1)
11
Omit "and give to the Minister, for presentation to the Parliament,".
12
4 After subsection 652(1)
13
Insert:
14
(1A) A report prepared after the end of a financial year must be given to
15
the Minister by 15 October in the next financial year for
16
presentation to the Parliament.
17
5 Subsection 652(1) (note)
18
Omit "Note", substitute "Note 1".
19
6 At the end of subsection 652(1)
20
Add:
21
Note 2:
The report prepared by the General Manager and given to the Minister
22
under section 46 of the Public Governance, Performance and
23
Accountability Act 2013 may be included in the report prepared under
24
this section.
25
7 Paragraph 658(a)
26
Omit "Financial Management and Accountability Act 1997", substitute
27
"Public Governance, Performance and Accountability Act 2013".
28
Schedule 9 Amendments of Acts starting with F to L
254
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
8 Section 664
1
Repeal the section, substitute:
2
664 Disclosure of interests to the President
3
(1) The General Manager must give written notice to the President of
4
all material personal interests that the General Manager has or
5
acquires that relate to the affairs of the FWC.
6
(2) Section 29 of the Public Governance, Performance and
7
Accountability Act 2013 (which deals with the duty to disclose
8
interests) does not apply to the General Manager.
9
9 Section 686
10
Repeal the section, substitute:
11
686 Annual report
12
To avoid doubt, the requirement on the Fair Work Ombudsman to
13
give an annual report to the Minister under section 46 of the Public
14
Governance, Performance and Accountability Act 2013 does not
15
require or authorise the disclosure of information for the purposes
16
of the Privacy Act 1988.
17
10 Section 691
18
Repeal the section.
19
11 Paragraph 693(2)(d)
20
Repeal the paragraph, substitute:
21
(d) the Fair Work Ombudsman fails, without reasonable excuse,
22
to comply with section 29 of the Public Governance,
23
Performance and Accountability Act 2013 (which deals with
24
the duty to disclose interests) or rules made for the purposes
25
of that section.
26
Family Law Act 1975
27
12 Section 38L
28
Before "The", insert "(1)".
29
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
255
13 At the end of section 38L
1
Add:
2
(2) The Chief Executive Officer must give written notice to the Chief
3
Judge and the Chief Judge of the Federal Circuit Court of all
4
material personal interests that the Chief Executive Officer has that
5
relate to the affairs of the Family Court or the Federal Circuit
6
Court.
7
(3) Section 29 of the Public Governance, Performance and
8
Accountability Act 2013 (which deals with the duty to disclose
9
interests) does not apply to the Chief Executive Officer.
10
14 Subsection 38S(1)
11
Omit "and give to the Attorney-General".
12
15 At the end of subsection 38S(1)
13
Add:
14
Note:
The report prepared by the Chief Executive Officer and given to the
15
Minister under section 46 of the Public Governance, Performance and
16
Accountability Act 2013 may be included in the report prepared under
17
this section.
18
16 After subsection 38S(1)
19
Insert:
20
(2) A report prepared after 30 June in a year must be given to the
21
Attorney-General by 15 October of that year.
22
17 Section 114K
23
Repeal the section.
24
18 Paragraph 114LB(2)(d)
25
Repeal the paragraph, substitute:
26
(d) the Director fails, without reasonable excuse, to comply with
27
section 29 of the Public Governance, Performance and
28
Accountability Act 2013 (which deals with the duty to
29
disclose interests) or rules made for the purposes of that
30
section.
31
Schedule 9 Amendments of Acts starting with F to L
256
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
19 Section 114LC
1
Repeal the section.
2
20 Subsection 114LD(1) (note)
3
Omit "see section 53 of the Financial Management and Accountability
4
Act 1997", substitute "see section 110 of the Public Governance,
5
Performance and Accountability Act 2013".
6
Federal Circuit Court of Australia Act 1999
7
21 Subsection 117(1)
8
Omit "and give to the Minister".
9
22 At the end of subsection 117(1)
10
Add:
11
Note:
The report prepared by the Chief Executive Officer and given to the
12
Minister under section 46 of the Public Governance, Performance and
13
Accountability Act 2013 may be included in the report prepared under
14
this section.
15
23 After subsection 117(1)
16
Insert:
17
(2) A report prepared after 30 June in a year must be given to the
18
Minister by 15 October of that year.
19
Federal Court of Australia Act 1976
20
24 Section 18L
21
Before "The", insert "(1)".
22
25 At the end of section 18L
23
Add:
24
(2) The Registrar must give written notice to the Chief Justice of all
25
material personal interests that the Registrar has that relate to the
26
affairs of the Court.
27
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
257
(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 to the Registrar.
3
26 Subsection 18S(1)
4
Omit "and give to the Attorney-General".
5
27 At the end of subsection 18S(1)
6
Add:
7
Note:
The report prepared by the Registrar and given to the Minister under
8
section 46 of the Public Governance, Performance and Accountability
9
Act 2013 may be included in the report prepared under this section.
10
28 Subsection 18S(2)
11
Repeal the subsection, substitute:
12
(2) A report prepared after 30 June in a year must be given to the
13
Attorney-General by 15 October of that year.
14
Federal Financial Relations Act 2009
15
29 Section 4 (definition of drawing right)
16
Repeal the definition.
17
30 Subsections 9(3) and (4)
18
Repeal the subsections, substitute:
19
(3) Despite subsection (2), if an Appropriation Act relating to a
20
financial year declares that a specified amount is the debit limit for
21
the financial year for the purposes of this section:
22
(a) the total amount credited to the COAG Reform Fund under
23
paragraph (2)(a) during the financial year; and
24
(b) the total amount debited from the COAG Reform Fund
25
during the financial year for the purposes of making such
26
grants;
27
must not exceed that specified amount.
28
Schedule 9 Amendments of Acts starting with F to L
258
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(4) Despite subsection (2), if, for a financial year, no Appropriation
1
Act relating to the financial year declares that a specified amount is
2
the debit limit for the financial year for the purposes of this section:
3
(a) amounts must not be credited to the COAG Reform Fund
4
under paragraph (2)(a) during the financial year; and
5
(b) amounts must not be debited from the COAG Reform Fund
6
during the financial year for the purposes of making such
7
grants.
8
31 Subsections 16(3) and (4)
9
Repeal the subsections, substitute:
10
(3) Despite subsection (2), if an Appropriation Act relating to a
11
financial year declares that a specified amount is the debit limit for
12
the financial year for the purposes of this section:
13
(a) the total amount credited to the COAG Reform Fund under
14
paragraph (2)(a) during the financial year; and
15
(b) the total amount debited from the COAG Reform Fund
16
during the financial year for the purposes of making such
17
grants;
18
must not exceed that specified amount.
19
(4) Despite subsection (2), if, for a financial year, no Appropriation
20
Act relating to the financial year declares that a specified amount is
21
the debit limit for the financial year for the purposes of this section:
22
(a) amounts must not be credited to the COAG Reform Fund
23
under paragraph (2)(a) during the financial year; and
24
(b) amounts must not be debited from the COAG Reform Fund
25
during the financial year for the purposes of making such
26
grants.
27
32 Application
28
The amendments to sections 4, 9 and 16 of the Federal Financial
29
Relations Act 2009 made by this Schedule apply on and after 1 July
30
2015.
31
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
259
Financial Agreement Act 1994
1
33 Subsection 6(2)
2
Omit "Special Account for the purposes of the Financial Management
3
and Accountability Act 1997", substitute "special account for the
4
purposes of the Public Governance, Performance and Accountability
5
Act 2013".
6
Fisheries Administration Act 1991
7
34 Paragraph 7(1)(j)
8
Omit "corporate plans and".
9
35 Paragraph 10B(4)(a)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
36 Section 20
13
Repeal the section, substitute:
14
20 Disclosure of interests
15
Disclosure before appointment
16
(1) Before starting to hold office, a commissioner must give to the
17
Minister a written statement of any material personal interest that
18
the commissioner has that relates to the affairs of the Commission.
19
Note:
A commissioner, once appointed, must also disclose interests under
20
section 29 of the Public Governance, Performance and Accountability
21
Act 2013.
22
Disclosure after appointment
23
(2) A disclosure by a commissioner under section 29 of the Public
24
Governance, Performance and Accountability Act 2013 (which
25
deals with the duty to disclose interests) must be made to the
26
Minister.
27
(3) Subsection (2) applies in addition to any rules made for the
28
purposes of that section.
29
Schedule 9 Amendments of Acts starting with F to L
260
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(4) For the purposes of this Act and the Public Governance,
1
Performance and Accountability Act 2013, the commissioner is
2
taken not to have complied with section 29 of that Act if the
3
commissioner does not comply with subsection (2) of this section.
4
Register of interests
5
(5) The CEO must keep one or more registers of interests disclosed
6
under this section and section 29 of the Public Governance,
7
Performance and Accountability Act 2013.
8
37 Paragraph 21(2)(d)
9
Repeal the paragraph, substitute:
10
(d) the commissioner fails, without reasonable excuse, to comply
11
with:
12
(i) subsection 20(1); or
13
(ii) section 29 of the Public Governance, Performance and
14
Accountability Act 2013 (which deals with the duty to
15
disclose interests) or rules made for the purposes of that
16
section.
17
38 Paragraph 23(6)(a)
18
Omit "section 24 prevents", substitute "rules made for the purposes of
19
section 29 of the Public Governance, Performance and Accountability
20
Act 2013 prevent".
21
39 Section 24
22
Repeal the section.
23
40 Section 72
24
Repeal the section, substitute:
25
72 Corporate plans
26
(1) Before preparing a corporate plan under section 35 of the Public
27
Governance, Performance and Accountability Act 2013, the CEO
28
must consult with the peak industry body and with any other
29
person or body considered by the CEO to be appropriate.
30
(2) A corporate plan must be signed by the Chairperson and the CEO.
31
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
261
41 Subsection 73(1)
1
Repeal the subsection, substitute:
2
(1) The Minister may, by written notice given to the CEO:
3
(a) approve the corporate plan prepared by the CEO and given to
4
the Minister under section 35 of the Public Governance,
5
Performance and Accountability Act 2013; or
6
(b) if the Minister thinks that the interests of fisheries
7
management, or any matter relating to fisheries management,
8
so require--request the CEO to revise the plan appropriately.
9
42 Subsection 73(3)
10
Omit "Authority", substitute "CEO".
11
43 Subsection 73(3)
12
Omit "it", substitute "he or she".
13
44 Paragraph 73(4)(b)
14
Omit "Authority", substitute "CEO".
15
45 Section 74 (heading)
16
Repeal the heading, substitute:
17
74 Variation of corporate plan
18
46 Subsection 74(1)
19
Omit "Authority", substitute "CEO".
20
47 Subsection 74(2)
21
Omit "Authority" (first and second occurring), substitute "CEO".
22
48 Subsection 74(2)
23
Omit "Authority's", substitute "CEO's".
24
49 Subsection 74(3)
25
Omit "Authority", substitute "CEO".
26
Schedule 9 Amendments of Acts starting with F to L
262
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
50 Subsection 74(4)
1
Omit "Authority" (wherever occurring), substitute "CEO".
2
51 Subsection 75(1)
3
Omit "Authority written notice requesting it", substitute "CEO written
4
notice requesting him or her".
5
52 Subsection 75(3)
6
Omit "Authority" (wherever occurring), substitute "CEO".
7
53 Subsection 75(4)
8
Omit "Authority", substitute "CEO".
9
54 Section 76
10
Omit "Authority" (wherever occurring), substitute "CEO".
11
55 Subsection 77(1)
12
Omit "Authority", substitute "CEO".
13
56 Paragraph 77(2)(c)
14
Omit "Authority" (first occurring), substitute "CEO".
15
57 Subsection 78(1)
16
Omit "Authority" (wherever occurring), substitute "CEO".
17
58 Subsection 78(3)
18
Omit "Authority", substitute "CEO".
19
59 Subsection 78(3)
20
Omit "it", substitute "he or she".
21
60 Paragraph 78(4)(b)
22
Omit "Authority", substitute "CEO".
23
61 Subsection 79(2)
24
Omit "Authority", substitute "CEO".
25
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
263
62 Section 87
1
Repeal the section, substitute:
2
87 Annual report
3
The annual report prepared by the CEO and given to the Minister
4
under section 46 of the Public Governance, Performance and
5
Accountability Act 2013 for a period must include:
6
(a) an assessment of the extent to which the operations of the
7
Authority during the period have contributed to the
8
objectives set out in the annual operational plan that relates to
9
the period; and
10
(b) particulars of:
11
(i) variations (if any) of the annual operational plan taking
12
effect during that period; and
13
(ii) significant changes to plans of management and the
14
introduction of new plans of management during that
15
period; and
16
(iii) the effectiveness or otherwise of the operation of plans
17
of management during that period; and
18
(iv) any directions given to the Authority by the Minister
19
under section 91 during that period; and
20
(c) an evaluation of the Authority's overall performance against
21
the performance indicators set out in the annual operational
22
plan that came into force at the beginning of that period.
23
63 Subsection 89(1)
24
Repeal the subsection, substitute:
25
(1) Where an annual report prepared by the CEO and given to the
26
Minister under section 46 of the Public Governance, Performance
27
and Accountability Act 2013 for a period has been laid before each
28
House of the Parliament, the Chairperson of the Commission is to:
29
(a) give to the peak industry body a copy of the report; and
30
(b) request a meeting with the governing body of the peak
31
industry body.
32
Schedule 9 Amendments of Acts starting with F to L
264
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
64 Paragraph 91(3)(b)
1
Omit "year", substitute "period".
2
65 Subsection 94B(2)
3
Omit "Special Account for the purposes of the Financial Management
4
and Accountability Act 1997", substitute "special account for the
5
purposes of the Public Governance, Performance and Accountability
6
Act 2013".
7
66 Section 94C (note)
8
Omit "Special Account" (wherever occurring), substitute "special
9
account".
10
Food Standards Australia New Zealand Act 1991
11
67 Subsection 4(1) (definition of Finance Minister)
12
Omit "Financial Management and Accountability Act 1997", substitute
13
"Public Governance, Performance and Accountability Act 2013".
14
68 Subsection 12(2) (note)
15
Repeal the note, substitute:
16
Note:
The Public Governance, Performance and Accountability Act 2013
17
applies to the Authority. That Act deals with matters relating to
18
corporate Commonwealth entities, including reporting and the use and
19
management of public resources.
20
69 Subsection 15(4)
21
Omit "section 28 of the Commonwealth Authorities and Companies Act
22
1997", substitute "section 22 of the Public Governance, Performance
23
and Accountability Act 2013 (which deals with the application of
24
government policy to corporate Commonwealth entities)".
25
70 After subsection 125(4)
26
Insert:
27
(4A) Subsection (4) applies in addition to section 29 of the Public
28
Governance, Performance and Accountability Act 2013 (which
29
deals with the duty to disclose interests).
30
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
265
71 At the end of subsection 125(5)
1
Add "that have been disclosed under this section or for the purposes of
2
section 29 of the Public Governance, Performance and Accountability
3
Act 2013".
4
72 Paragraph 127(2)(b)
5
Omit "of this Act or section 27F or 27J of the Commonwealth
6
Authorities and Companies Act 1997".
7
73 At the end of subsection 127(2)
8
Add:
9
Note:
The appointment of a member may also be terminated under
10
section 30 of the Public Governance, Performance and Accountability
11
Act 2013 (which deals with terminating the appointment of an
12
accountable authority, or a member of an accountable authority, for
13
contravening general duties of officials).
14
74 Subsection 139(3)
15
Repeal the subsection, substitute:
16
(3) Subsection (2) does not prevent investment, under section 59 of the
17
Public Governance, Performance and Accountability Act 2013, of
18
money that is not immediately required for the purposes of the
19
Authority.
20
75 Section 141
21
Omit "(1)".
22
76 Paragraph 141(1)(b)
23
Omit "referred to in subsection 18(2) of the Commonwealth Authorities
24
and Companies Act 1997".
25
77 Subsection 152(1)
26
Omit "each report on the Authority under section 9 of the
27
Commonwealth Authorities and Companies Act 1997 for a financial
28
year (the current year)", substitute "each annual report prepared under
29
section 46 of the Public Governance, Performance and Accountability
30
Act 2013 for a period (the current period)".
31
Schedule 9 Amendments of Acts starting with F to L
266
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and Transitional Provisions) Bill 2014
No. , 2014
78 Paragraphs 152(1)(aa) to (ae)
1
Omit "year" (wherever occurring), substitute "period".
2
79 Paragraph 152(1)(af)
3
Omit "financial year that the Authority had not begun to assess under
4
section 29 before the end of the current year", substitute "period that the
5
Authority had not begun to assess under section 29 before the end of the
6
current period".
7
80 Paragraphs 152(1)(a) to (f)
8
Omit "year", substitute "period".
9
81 Paragraph 152(1)(fa)
10
Omit "financial year that the Authority had begun to assess under
11
section 29 before the end of the current year, but that the Authority had
12
not disposed of before the end of the current year", substitute "period
13
that the Authority had begun to assess under section 29 before the end
14
of the current period, but that the Authority had not disposed of before
15
the end of the current period".
16
82 Paragraphs 152(1)(g) to (l)
17
Omit "year", substitute "period".
18
83 Paragraphs 152(1)(la) and (lb)
19
Repeal the paragraphs, substitute:
20
(la) the number of proposals prepared under section 55 during the
21
current period that the Authority had not begun to assess
22
under section 59 during that period; and
23
(lb) the number of proposals prepared under section 55 during a
24
previous period that the Authority had not begun to assess
25
under section 59 before the end of the current period; and
26
84 Paragraphs 152(1)(n) and (o)
27
Omit "year", substitute "period".
28
85 Paragraph 152(1)(pa)
29
Repeal the paragraph, substitute:
30
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
267
(pa) the number of proposals prepared under section 55 during a
1
previous period that the Authority had begun to assess under
2
section 59 before the end of the current period, but that the
3
Authority had not disposed of before the end of the current
4
period; and
5
86 Paragraphs 152(1)(pc) to (y)
6
Omit "year", substitute "period".
7
87 After section 152
8
Insert:
9
152A Corporate plans
10
Subsection 35(3) of the Public Governance, Performance and
11
Accountability Act 2013 (which deals with the Australian
12
Government's key priorities and objectives) does not apply to a
13
corporate plan prepared by the members.
14
Foreign Passports (Law Enforcement and Security) Act 2005
15
88 Subsection 14(2) (paragraph (c) of the definition of
16
competent authority)
17
Omit "an agency (within the meaning of the Financial Management and
18
Accountability Act 1997)", substitute "a non-corporate Commonwealth
19
entity (within the meaning of the Public Governance, Performance and
20
Accountability Act 2013)".
21
89 Subsection 15(2) (subparagraph (b)(iii) of the definition of
22
competent authority)
23
Omit "an agency (within the meaning of the Financial Management and
24
Accountability Act 1997)", substitute "a non-corporate Commonwealth
25
entity (within the meaning of the Public Governance, Performance and
26
Accountability Act 2013)".
27
Schedule 9 Amendments of Acts starting with F to L
268
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and Transitional Provisions) Bill 2014
No. , 2014
Freedom of Information Act 1982
1
90 Subsection 93(2)
2
Omit "under section 30", substitute "mentioned in section 30".
3
Fringe Benefits Tax (Application to the Commonwealth) Act
4
1986
5
91 Subsection 3(1) (definition of Finance Department)
6
Repeal the definition, substitute:
7
Finance Department means the Department that is administered
8
by the Finance Minister.
9
Future Fund Act 2006
10
92 Section 5
11
Insert:
12
accountable authority has the meaning given by the Public
13
Governance, Performance and Accountability Act 2013.
14
93 Section 5 (definition of bank)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
94 Section 5 (definition of Commonwealth company)
18
Omit "Commonwealth Authorities and Companies Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
95 Section 5 (definition of Finance Minister)
21
Omit "Financial Management and Accountability Act 1997", substitute
22
"Public Governance, Performance and Accountability Act 2013".
23
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and Transitional Provisions) Bill 2014
269
96 Subsection 12(2)
1
Omit "Special Account for the purposes of the Financial Management
2
and Accountability Act 1997", substitute "special account for the
3
purposes of the Public Governance, Performance and Accountability
4
Act 2013".
5
97 Subsection 12(2) (note 2)
6
Omit "Special Account" (wherever occurring), substitute "special
7
account".
8
98 Subsection 17(6)
9
Omit "Section 39 of the Financial Management and Accountability Act
10
1997", substitute "Section 58 of the Public Governance, Performance
11
and Accountability Act 2013 (which deals with investment by the
12
Commonwealth)".
13
99 Section 29
14
Repeal the section.
15
100 At the end of subsection 37(1)
16
Add:
17
Note:
The Board is not a Commonwealth entity for the purposes of the
18
Public Governance, Performance and Accountability Act 2013 (see
19
subsection 10(2) of that Act).
20
101 Paragraphs 63(2)(b) and (c)
21
Repeal the paragraphs, substitute:
22
(b) the Public Governance, Performance and Accountability Act
23
2013; or
24
(c) rules or any other legislative instrument made under the
25
Public Governance, Performance and Accountability Act
26
2013;
27
102 Paragraph 79(a)
28
Omit "Financial Management and Accountability Act 1997", substitute
29
"Public Governance, Performance and Accountability Act 2013".
30
Schedule 9 Amendments of Acts starting with F to L
270
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and Transitional Provisions) Bill 2014
No. , 2014
103 Section 80
1
Repeal the section, substitute:
2
80 Application of the Public Governance, Performance and
3
Accountability Act 2013
4
(1) The provisions of the Public Governance, Performance and
5
Accountability Act 2013 referred to in subsection (2) have effect as
6
if:
7
(a) the Board and the Agency were a single Commonwealth
8
entity; and
9
(b) the Chair were the accountable authority of that single
10
Commonwealth entity; and
11
(c) an annual report given to the Minister under section 46 of
12
that Act were an annual report for that single Commonwealth
13
entity; and
14
(d) the nominated Minister were the responsible Minister; and
15
(e) if the Agency is a listed entity for the purposes of that Act--
16
the Agency were not a Commonwealth entity in its own right.
17
Note:
The Board is not a Commonwealth entity (see subsection 10(2) of the
18
Public Governance, Performance and Accountability Act 2013).
19
(2) The provisions of the Public Governance, Performance and
20
Accountability Act 2013 are the following:
21
(a) Division 3 of Part 2-3 (which deals with performance of
22
Commonwealth entities);
23
(b) Division 4 of Part 2-3 (which deals with financial reporting
24
and auditing for Commonwealth entities), except section 44;
25
(c) Division 5 of Part 2-3 (which deals with audit committees for
26
Commonwealth entities);
27
(d) Division 6 of Part 2-3 (which deals with annual reports for
28
Commonwealth entities).
29
Note:
This means, for example, that there will be:
30
(a) a single set of accounts and records for both the Board and the
31
Agency; and
32
(b) a single set of annual financial statements in relation to both the
33
Board and the Agency; and
34
(c) auditing of the single set of annual financial statements; and
35
(d) a single audit committee for both the Board and the Agency.
36
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
271
104 Subsection 81(1)
1
Omit "The Chair must, as soon as practicable after the end of each
2
financial year, prepare and give to the nominated Minister a report of",
3
substitute "The annual report given to the nominated Minister under
4
section 46 of the Public Governance, Performance and Accountability
5
Act 2013 for a period must include".
6
105 Paragraphs 81(1)(a) and (b)
7
Repeal the paragraphs.
8
106 Subsection 81(1)
9
Omit "during the financial year", substitute "during the period".
10
107 Subsection 81(1A)
11
Omit "under subsection (1) for a financial year", substitute "referred to
12
in subsection (1) for a period".
13
108 Subsection 81(1A)
14
Omit "during the financial year", substitute "during the period".
15
109 Subsection 81(1B)
16
Omit "under subsection (1) for a financial year", substitute "referred to
17
in subsection (1) for a period".
18
110 Subsection 81(1B)
19
Omit "during the financial year", substitute "during the period".
20
111 Subsection 81(1C)
21
Omit "under subsection (1) for a financial year", substitute "referred to
22
in subsection (1) for a period".
23
112 Subsection 81(1C)
24
Omit "during the financial year", substitute "during the period".
25
113 Subsections 81(2) to (2C)
26
Omit "under this section", substitute "referred to in subsection (1)".
27
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and Transitional Provisions) Bill 2014
No. , 2014
114 Subsection 81(3)
1
Repeal the subsection (including the heading).
2
115 Before subsection 81(4)
3
Insert:
4
Nominated Minister to gives copies of report to other Ministers
5
116 Subsection 81(4)
6
Omit "under this section", substitute "referred to in subsection (1)".
7
117 Subclause 2(1) of Schedule 2 (note 1)
8
Repeal the note, substitute:
9
Note 1:
See section 80 of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with special accounts).
11
118 Subclause 2(2) of Schedule 2 (note)
12
Repeal the note, substitute:
13
Note:
See section 80 of the Public Governance, Performance and
14
Accountability Act 2013 (which deals with special accounts).
15
Gene Technology Act 2000
16
119 Section 117
17
Omit:
18
Division 3 provides for financial matters, including the
19
establishment of a Special Account, called the Gene Technology
20
Account.
21
substitute:
22
Division 3 provides for financial matters, including the
23
establishment of a special account, called the Gene Technology
24
Account.
25
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No. , 2014
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and Transitional Provisions) Bill 2014
273
120 Subsection 128(2)
1
Omit "Financial Management and Accountability Act 1997", substitute
2
"Public Governance, Performance and Accountability Act 2013".
3
121 Subsection 129(2)
4
Omit "Special Account for the purposes of the Financial Management
5
and Accountability Act 1997", substitute "special account for the
6
purposes of the Public Governance, Performance and Accountability
7
Act 2013".
8
122 Subsection 130(1) (note)
9
Omit "Special Account if any of the purposes of the Account",
10
substitute "special account if any of the purposes of the special
11
account".
12
Governance of Australian Government Superannuation
13
Schemes Act 2011
14
123 Section 4 (definition of bank)
15
Omit "Commonwealth Authorities and Companies Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
124 Section 5 (note 2)
18
Repeal the note, substitute:
19
Note 2:
Subject to section 6 of this Act, the Public Governance, Performance
20
and Accountability Act 2013 applies to CSC. That Act deals with
21
matters relating to corporate Commonwealth entities, including
22
reporting and the use and management of public resources.
23
125 Section 6
24
Repeal the section, substitute:
25
6 Application of the Public Governance, Performance and
26
Accountability Act 2013
27
Despite section 5 of this Act, the following provisions of the Public
28
Governance, Performance and Accountability Act 2013 do not
29
Schedule 9 Amendments of Acts starting with F to L
274
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and Transitional Provisions) Bill 2014
No. , 2014
apply in relation to CSC's management and investment of money
1
that forms part of a superannuation fund administered by CSC:
2
(a) subsection 15(2) (which deals with the duty to govern a
3
Commonwealth entity);
4
(b) paragraphs 19(1)(c), (d) and (e) (which deal with the duty to
5
keep the Minister informed);
6
(c) section 36 (which deals with budget estimates);
7
(d) section 59 (which deals with investment);
8
(e) section 72 (which deals with the Minister informing
9
Parliament of certain events);
10
(f) any other provision of that Act prescribed by regulations
11
made for the purposes of this Act.
12
126 Subsection 17(3)
13
Repeal the subsection, substitute:
14
(3) The Minister may terminate the appointment of a director if the
15
director's continuation in office would contravene a SIS fitness and
16
propriety standard.
17
127 At the end of subsection 17(4)
18
Add:
19
Note:
The appointment of a director may also be terminated under section 30
20
of the Public Governance, Performance and Accountability Act 2013
21
(which deals with terminating the appointment of an accountable
22
authority, or a member of an accountable authority, for contravening
23
general duties of officials).
24
128 Subsection 17(5)
25
Omit "paragraph 16(1)(a) or (b) of the Commonwealth Authorities and
26
Companies Act 1997", substitute "paragraph 19(1)(a) or (b) of the
27
Public Governance, Performance and Accountability Act 2013".
28
129 At the end of section 17
29
Add:
30
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
275
Consultation and consent requirements for termination under the
1
Public Governance, Performance and Accountability Act 2013
2
(10) Subsections (6), (7), (8) and (9) apply (subject to subsection (11))
3
in relation to the termination of the appointment of a director under
4
section 30 of the Public Governance, Performance and
5
Accountability Act 2013 in the same way as they apply to the
6
termination of the appointment of a director under this section.
7
(11) However, subsections (7), (8) and (9) (as they apply because of
8
subsection (10)) do not apply in relation to the termination of the
9
appointment of a director under section 30 of that Act on the
10
ground of a failure to comply with section 29 of that Act (which
11
deals with the duty to disclose interests) or rules made for the
12
purposes of that section.
13
130 Subparagraph 21(2)(a)(ii)
14
Repeal the subparagraph, substitute:
15
(ii) rules made for the purposes of section 29 of the Public
16
Governance, Performance and Accountability Act 2013;
17
131 Paragraph 21(2)(a)
18
Omit "prevents", substitute "prevent".
19
132 At the end of section 22
20
Add:
21
(8) This section applies in addition to section 29 of the Public
22
Governance, Performance and Accountability Act 2013 (which
23
deals with the duty to disclose interests).
24
133 Paragraph 24(3)(b)
25
Repeal the paragraph, substitute:
26
(b) a director who is prevented by rules made for the purposes of
27
section 29 of the Public Governance, Performance and
28
Accountability Act 2013 from deliberating on the proposed
29
decision.
30
134 At the end of subsection 30(1)
31
Add:
32
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276
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note:
A report prepared under this section is in addition to a report prepared
1
by the Board and given to the Minister under section 46 of the Public
2
Governance, Performance and Accountability Act 2013.
3
Governor-General Act 1974
4
135 Subsection 2A(2) (definition of Finance Department)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
136 Subsections 4C(2) and (3) and 4D(3) (note)
8
Repeal the note.
9
137 Subsection 4E(11)
10
Omit "Financial Management and Accountability Act 1997) who is in
11
the designated Department or is part of the designated Department",
12
substitute "Public Governance, Performance and Accountability Act
13
2013) of the designated Department".
14
138 Section 19
15
Repeal the section.
16
Grape and Wine Legislation Amendment (Australian Grape
17
and Wine Authority) Act 2013
18
139 After paragraph 33(3)(a) of Schedule 2
19
Insert:
20
(aa) the investment, under section 59 of the Public Governance,
21
Performance and Accountability Act 2013, of money that is
22
not immediately required for the purposes of the Australian
23
Grape and Wine Authority; or
24
Great Barrier Reef Marine Park Act 1975
25
140 Subsection 3(1)
26
Insert:
27
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
277
corporate Commonwealth entity has the meaning given by the
1
Public Governance, Performance and Accountability Act 2013.
2
official has the meaning given by the Public Governance,
3
Performance and Accountability Act 2013.
4
141 Paragraph 8B(a)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
142 Paragraph 16(2)(e)
8
Repeal the paragraph, substitute:
9
(e) fails, without reasonable excuse, to comply with section 29 of
10
the Public Governance, Performance and Accountability Act
11
2013 (which deals with the duty to disclose interests) or rules
12
made for the purposes of that section;
13
143 Sections 16A and 16B
14
Repeal the sections, substitute:
15
16A Disclosure of interest to the Minister
16
(1) A disclosure by a member under section 29 of the Public
17
Governance, Performance and Accountability Act 2013 (which
18
deals with the duty to disclose interests) must be made to the
19
Minister.
20
(2) Subsection (1) applies in addition to any rules made for the
21
purposes of that section.
22
(3) For the purposes of this Act and the Public Governance,
23
Performance and Accountability Act 2013, a member is taken not
24
to have complied with section 29 of that Act if the member does
25
not comply with subsection (1) of this section.
26
144 Division 5A of Part VA
27
Repeal the Division, substitute:
28
Schedule 9 Amendments of Acts starting with F to L
278
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Division 5A--Application of the Public Governance,
1
Performance and Accountability Act 2013
2
39QA Collected amounts
3
Despite subsection 105(2) of the Public Governance, Performance
4
and Accountability Act 2013, a collected amount is not other CRF
5
money for the purposes of that Act.
6
145 Subsection 43(3)
7
Omit "officer or employee of a Commonwealth authority (within the
8
meaning of the Commonwealth Authorities and Companies Act 1997)",
9
substitute "official of a corporate Commonwealth entity".
10
146 Paragraphs 43(3)(a) and (b)
11
Omit "officer or employee", substitute "official".
12
147 Subsection 43A(2) (heading)
13
Repeal the heading, substitute:
14
Arrangements with corporate Commonwealth entities
15
148 Subsection 43A(2)
16
Omit "Commonwealth authority (within the meaning of the
17
Commonwealth Authorities and Companies Act 1997) for officers or
18
employees of the authority", substitute "corporate Commonwealth
19
entity for officials of the entity".
20
149 Subsection 43A(2) (note)
21
Omit "officer or employee", substitute "official".
22
150 Paragraph 47(1)(d)
23
Omit "an officer or employee of a Commonwealth authority (within the
24
meaning of the Commonwealth Authorities and Companies Act 1997)",
25
substitute "an official of a corporate Commonwealth entity".
26
151 Subsection 48A(2)
27
Repeal the subsection, substitute:
28
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
279
Arrangements with corporate Commonwealth entities
1
(2) The Authority may enter into an arrangement with a corporate
2
Commonwealth entity in relation to officials of the entity for the
3
purposes of allowing powers or functions to be delegated or
4
sub-delegated under section 47 to the officials.
5
Note:
An arrangement must be in force before a power or function can be
6
delegated to an official (see paragraph 47(1)(d)).
7
152 Subsection 49(2)
8
Omit "Special Account for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "special account for the
10
purposes of the Public Governance, Performance and Accountability
11
Act 2013".
12
153 Section 50 (note)
13
Omit "Special Account if any of the purposes of the Account",
14
substitute "special account if any of the purposes of the special
15
account".
16
154 Section 53
17
Repeal the section, substitute:
18
53 Annual report
19
The annual report prepared by the Chairperson and given to the
20
Minister under section 46 of the Public Governance, Performance
21
and Accountability Act 2013 for a period must include particulars
22
of all directions given by the Minister during the period under
23
subsection 7(2) or 46(2) of this Act.
24
53A Corporate plans
25
Subsection 35(3) of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with the Australian
27
Government's key priorities and objectives) does not apply to a
28
corporate plan prepared by the Chairperson.
29
155 Paragraph 59F(7)(d)
30
Repeal the paragraph, substitute:
31
Schedule 9 Amendments of Acts starting with F to L
280
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(d) if an arrangement is in force under subsection 48A(2)
1
between the Authority and a corporate Commonwealth
2
entity:
3
(i) the entity; or
4
(ii) if the entity is constituted by, or is administered by a
5
body consisting of, 2 or more persons--the Chairperson
6
of the entity or of the body, as the case may be; or
7
(iii) the chief executive officer of the entity.
8
156 Subsection 65A(3) (note)
9
Repeal the note, substitute:
10
Note:
For the appropriation for the refund, see section 77 of the Public
11
Governance, Performance and Accountability Act 2013.
12
Health Insurance Act 1973
13
157 Section 106ZQ
14
Repeal the section.
15
Health Insurance Commission (Reform and Separation of
16
Functions) Act 1997
17
158 Subsection 13(2)
18
Omit "Section 29 of the Commonwealth Authorities and Companies Act
19
1997", substitute "Section 86 of the Public Governance, Performance
20
and Accountability Act 2013 (which deals with subsidiaries of corporate
21
Commonwealth entities)".
22
High Court of Australia Act 1979
23
159 Subsection 4(1) (definition of Finance Minister)
24
Omit "Financial Management and Accountability Act 1997", substitute
25
"Public Governance, Performance and Accountability Act 2013".
26
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
281
160 Subsection 39(3)
1
Omit "Financial Management and Accountability Act 1997)", substitute
2
"Public Governance, Performance and Accountability Act 2013) of a
3
non-corporate Commonwealth entity (within the meaning of that Act)".
4
Immigration (Education) Charge Act 1992
5
161 Subsection 3(2) (definition of Finance Department)
6
Omit "Financial Management and Accountability Act 1997", substitute
7
"Public Governance, Performance and Accountability Act 2013".
8
Indigenous Education (Targeted Assistance) Act 2000
9
162 Section 4 (definition of Finance Minister)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
Industrial Chemicals (Notification and Assessment) Act 1989
13
163 Subsection 100A(2)
14
Omit "Special Account for the purposes of the Financial Management
15
and Accountability Act 1997", substitute "special account for the
16
purposes of the Public Governance, Performance and Accountability
17
Act 2013".
18
164 Section 100B
19
Omit "(1)" (first occurring).
20
165 Section 100B (note)
21
Omit "Special Account if any of the purposes of the Account",
22
substitute "special account if any of the purposes of the special
23
account".
24
Inspector-General of Intelligence and Security Act 1986
25
166 Paragraph 30(2)(c)
26
Repeal the paragraph, substitute:
27
Schedule 9 Amendments of Acts starting with F to L
282
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(c) fails, without reasonable excuse, to comply with section 29 of
1
the Public Governance, Performance and Accountability Act
2
2013 (which deals with the duty to disclose interests) or rules
3
made for the purposes of that section;
4
167 Section 31
5
Repeal the section.
6
168 Subsection 35(1)
7
Repeal the subsection.
8
169 Subsection 35(2)
9
Omit "a report prepared under subsection (1)", substitute "an annual
10
report prepared by the Inspector-General and given to the Minister
11
under section 46 of the Public Governance, Performance and
12
Accountability Act 2013 for a period".
13
170 Subsection 35(2)
14
Omit "year", substitute "period".
15
171 Subsection 35(2A)
16
Omit "prepared under subsection (1) the Inspector-General's comments
17
on any inspection conducted under section 9A during the year",
18
substitute "referred to in subsection (2) the Inspector-General's
19
comments on any inspection conducted under section 9A during the
20
period".
21
172 Subsection 35(2AA)
22
Omit "prepared under subsection (1)", substitute "referred to in
23
subsection (2)".
24
173 Paragraph 35(2AA)(a)
25
Omit "year" (wherever occurring), substitute "period".
26
174 Paragraph 35(2AA)(b)
27
Omit "year", substitute "period".
28
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
283
175 Subsection 35(2B)
1
Omit "prepared under subsection (1)", substitute "referred to in
2
subsection (2)".
3
176 Subsection 35(2B)
4
Omit "during the year", substitute "during the period".
5
177 Subsections 35(3) to (5)
6
Omit "furnished under subsection (1)", substitute "referred to in
7
subsection (2)".
8
Inspector-General of Taxation Act 2003
9
178 Subsection 22(4)
10
Omit "or 41", substitute "or referred to in section 41".
11
179 Subsection 23(1)
12
Omit "or 41", substitute "or referred to in section 41".
13
180 Subsection 24(1)
14
Omit "or 41", substitute "or referred to in section 41".
15
181 Subsection 25(1)
16
Omit "or 41", substitute "or referred to in section 41".
17
182 Subsection 25(2) (note)
18
Omit "under section 41", substitute "referred to in section 41".
19
183 Paragraph 26(1)(b)
20
Omit "or 41", substitute "or referred to in section 41".
21
184 Subsection 27(1)
22
Omit "or 41", substitute "or referred to in section 41".
23
185 Section 33
24
Repeal the section.
25
Schedule 9 Amendments of Acts starting with F to L
284
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
186 Paragraph 35(1)(g)
1
Repeal the paragraph, substitute:
2
(g) fails, without reasonable excuse, to comply with section 29 of
3
the Public Governance, Performance and Accountability Act
4
2013 (which deals with the duty to disclose interests) or rules
5
made for the purposes of that section.
6
187 Subparagraphs 39(1)(e)(v) and (2)(c)(v)
7
Omit "or 41", substitute "or referred to in section 41".
8
188 Section 41
9
Repeal the section, substitute:
10
41 Annual report
11
The annual report prepared by the Inspector-General and given to
12
the Minister under section 46 of the Public Governance,
13
Performance and Accountability Act 2013 for a period must
14
include details of any directions given by the Minister under
15
subsection 8(2) of this Act during the period.
16
Note:
For limitations on what may be included in annual reports, see the
17
following provisions:
18
(a) section 22 (information that would be prejudicial to the public
19
interest);
20
(b) section 23 (taxpayer information);
21
(c) section 24 (identifying tax officials);
22
(d) section 25 (criticising the ATO or tax officials);
23
(e) section 26 (confidential submissions);
24
(f) section 27 (legal professional privilege).
25
Insurance Act 1973
26
189 Subsection 3(1) (definition of Finance Minister)
27
Omit "Financial Management and Accountability Act 1997", substitute
28
"Public Governance, Performance and Accountability Act 2013".
29
190 Subsection 131A(2) (heading)
30
Repeal the heading, substitute:
31
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
285
Specifying amounts to be credited to special account
1
191 Subsection 131A(2) (note)
2
Omit "Special Account", substitute "special account".
3
192 Subsection 131A(4)
4
Omit "subsection 21(2) of the Financial Management and
5
Accountability Act 1997", substitute "subsection 80(3) of the Public
6
Governance, Performance and Accountability Act 2013".
7
Intelligence Services Act 2001
8
193 Paragraph 23(2)(d)
9
Repeal the paragraph, substitute:
10
(d) the Director-General 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.
15
194 Section 26
16
Repeal the section.
17
Interstate Road Transport Act 1985
18
195 Subsection 21(2)
19
Omit "Special Account for the purposes of the Financial Management
20
and Accountability Act 1997", substitute "special account for the
21
purposes of the Public Governance, Performance and Accountability
22
Act 2013".
23
Judges' Pensions Act 1968
24
196 Subsections 20A(2) and 20B(3) (note)
25
Repeal the note.
26
Schedule 9 Amendments of Acts starting with F to L
286
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
197 Subsection 20C(12)
1
Omit "Financial Management and Accountability Act 1997) who is in
2
the Department or is part of the Department", substitute "Public
3
Governance, Performance and Accountability Act 2013) of the
4
Department".
5
Judicial Misbehaviour and Incapacity (Parliamentary
6
Commissions) Act 2012
7
198 Subsection 76(4)
8
Omit "Financial Management and Accountability Act 1997", substitute
9
"Public Governance, Performance and Accountability Act 2013".
10
199 Section 79
11
Omit "Financial Management and Accountability Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
Judiciary Act 1903
14
200 Section 55I (definition of Finance Minister)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
201 Section 55M (note)
18
Repeal the note, substitute:
19
Note:
The Public Governance, Performance and Accountability Act 2013
20
applies to the AGS. That Act deals with matters relating to corporate
21
Commonwealth entities, including reporting and the use and
22
management of public resources.
23
202 Subsection 55S(2)
24
Omit "the director of the AGS for the purposes of the Commonwealth
25
Authorities and Companies Act 1997", substitute "the accountable
26
authority of the AGS for the purposes of the Public Governance,
27
Performance and Accountability Act 2013".
28
203 Section 55W
29
Before "The", insert "(1)".
30
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
287
204 At the end of section 55W
1
Add:
2
(2) Section 30 of the Public Governance, Performance and
3
Accountability Act 2013 (which deals with terminating the
4
appointment of an accountable authority, or a member of an
5
accountable authority, for contravening general duties of officials)
6
does not apply in relation to the CEO despite subsection 30(6) of
7
that Act.
8
205 Section 55X
9
Repeal the section, substitute:
10
55X Disclosure of interests
11
(1) A disclosure by the CEO under
section 29 of the Public
12
Governance, Performance and Accountability Act 2013 (which
13
deals with the duty to disclose interests) must be made to the
14
Finance Minister.
15
(2) Subsection (1) applies in addition to any rules made for the
16
purposes of that section.
17
(3) For the purposes of this Act and the Public Governance,
18
Performance and Accountability Act 2013, the CEO is taken not to
19
have complied with section 29 of that Act if the CEO does not
20
comply with subsection (1) of this section.
21
Lands Acquisition Act 1989
22
206 Subsection 89A(2)
23
Omit "Special Account for the purposes of the Financial Management
24
and Accountability Act 1997", substitute "special account for the
25
purposes of the Public Governance, Performance and Accountability
26
Act 2013".
27
Schedule 9 Amendments of Acts starting with F to L
288
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Law Enforcement Integrity Commissioner Act 2006
1
207 Paragraph 183(2)(d)
2
Repeal the paragraph, substitute:
3
(d) the Integrity Commissioner fails to comply with section 29 of
4
the Public Governance, Performance and Accountability Act
5
2013 (which deals with the duty to disclose interests) or rules
6
made for the purposes of that section.
7
208 Section 184
8
Repeal the section.
9
209 Section 194
10
Repeal the section, substitute:
11
194 Disclosure of interests
12
(1) A disclosure by an Assistant Integrity Commissioner under
13
section 29 of the Public Governance, Performance and
14
Accountability Act 2013 (which deals with the duty to disclose
15
interests) must be made to the Minister.
16
(2) Subsection (1) applies in addition to any rules made for the
17
purposes of that section.
18
(3) For the purposes of this Act and the Public Governance,
19
Performance and Accountability Act 2013, an Assistant Integrity
20
Commissioner is taken not to have complied with section 29 of that
21
Act if he or she does not comply with subsection (1) of this section.
22
210 Section 201
23
Repeal the section, substitute:
24
201 Annual report
25
The annual report prepared by the Integrity Commissioner and
26
given to the Minister under section 46 of the Public Governance,
27
Performance and Accountability Act 2013 for a period must
28
include the following:
29
(a) the prescribed particulars of:
30
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
289
(i) corruption issues notified to the Integrity Commissioner
1
under section 19 during the period; and
2
(ii) corruption issues raised by allegations or information
3
referred to the Integrity Commissioner under
4
sections 18 and 23 during that period; and
5
(iii) corruption issues dealt with by the Integrity
6
Commissioner on his or her own initiative during that
7
period; and
8
(iv) corruption issues investigated by the Integrity
9
Commissioner during that period; and
10
(v) corruption issues that the Integrity Commissioner
11
referred to a government agency for investigation during
12
that period; and
13
(vi) ACLEI corruption issues investigated during that
14
period; and
15
(vii) certificates issued under section 149 during that period;
16
(b) a description of investigations conducted by the Integrity
17
Commissioner during the period that the Integrity
18
Commissioner considers raise significant issues or
19
developments in law enforcement;
20
(c) a description, which may include statistics, of any patterns or
21
trends, and the nature and scope, of corruption in:
22
(i) law enforcement agencies; and
23
(ii) other Commonwealth government agencies that have
24
law enforcement functions;
25
that have come to the Integrity Commissioner's attention
26
during that period in the performance of his or her functions;
27
(d) any recommendations for changes to:
28
(i) the laws of the Commonwealth; or
29
(ii) administrative practices of Commonwealth government
30
agencies;
31
that the Integrity Commissioner, as a result of performing his
32
or her functions during that period, considers should be
33
made;
34
(e) the extent to which investigations by the Integrity
35
Commissioner have resulted in the prosecution in that period
36
of persons for offences;
37
Schedule 9 Amendments of Acts starting with F to L
290
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(f) the extent to which investigations by the Integrity
1
Commissioner have resulted in confiscation proceedings in
2
that period;
3
(g) details of the number and results of:
4
(i) applications made to the Federal Court or the Federal
5
Circuit Court under the Administrative Decisions
6
(Judicial Review) Act 1977 for orders of review in
7
respect of matters arising under this Act; and
8
(ii) other court proceedings involving the Integrity
9
Commissioner;
10
being applications and proceedings that were determined, or
11
otherwise disposed of, during that period.
12
211 Section 202
13
Omit "under section 201", substitute "referred to in section 201".
14
212 Subsections 206(1) and (2)
15
Omit "under section 201", substitute "referred to in section 201".
16
213 Subparagraph 215(1)(c)(i)
17
Omit "prepared by the Integrity Commissioner under section 201",
18
substitute "referred to in section 201 that is prepared by the Integrity
19
Commissioner".
20
Legislative Instruments Act 2003
21
214 Subsection 7(1) (table item 5, paragraph (a) in column
22
headed "Particulars of instrument")
23
Omit "section 34 of the Commonwealth Authorities and Companies Act
24
1997", substitute "the Public Governance, Performance and
25
Accountability Act 2013".
26
215 Subsection 7(1) (table item 5, paragraph (b) in column
27
headed "Particulars of instrument")
28
Omit "Commonwealth authority within the meaning of section 7",
29
substitute "corporate Commonwealth entity within the meaning".
30
Amendments of Acts starting with F to L Schedule 9
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
291
Life Insurance Act 1995
1
216 Subsection 251A(2) (heading)
2
Repeal the heading, substitute:
3
Specifying amounts to be credited to special account
4
217 Subsection 251A(2) (note)
5
Omit "Special Account", substitute "special account".
6
218 Subsection 251A(4)
7
Omit "subsection 21(2) of the Financial Management and
8
Accountability Act 1997", substitute "subsection 80(3) of the Public
9
Governance, Performance and Accountability Act 2013".
10
219 Schedule (definition of Finance Minister)
11
Omit "Financial Management and Accountability Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
Loans Securities Act 1919
14
220 Section 2 (definition of Finance Minister)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
221 Subsection 5BA(7)
18
Omit "section 39 of the Financial Management and Accountability Act
19
1997", substitute "section 58 of the Public Governance, Performance
20
and Accountability Act 2013 (which deals with investment by the
21
Commonwealth".
22
Local Government (Financial Assistance) Act 1995
23
222 Subsection 18B(8)
24
Omit "Financial Management and Accountability Act 1997) who is in
25
the Department or is part of the Department", substitute "Public
26
Governance, Performance and Accountability Act 2013) of the
27
Department".
28
Schedule 10 Amendments of Acts starting with M or N
292
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 10
--Amendments of Acts starting
1
with M or N
2
3
Marine Safety (Domestic Commercial Vessel) National Law
4
Act 2012
5
1 Section 6 of Schedule 1 (subparagraph (a)(i) of the
6
definition of agency)
7
Repeal the subparagraph, substitute:
8
(i) a non-corporate Commonwealth entity (within the
9
meaning of the Public Governance, Performance and
10
Accountability Act 2013);
11
Medibank Private Sale Act 2006
12
2 Subsection 3(5) (definition of Minister for Finance)
13
Omit "Financial Management and Accountability Act 1997", substitute
14
"Public Governance, Performance and Accountability Act 2013".
15
3 Item 1 of Schedule 2 (definition of Minister for Finance)
16
Omit "Financial Management and Accountability Act 1997", substitute
17
"Public Governance, Performance and Accountability Act 2013".
18
4 Item 1 of Schedule 2 (definition of wholly-owned
19
Commonwealth company)
20
Omit "Commonwealth Authorities and Companies Act 1997", substitute
21
"Public Governance, Performance and Accountability Act 2013".
22
5 Item 7 of Schedule 2 (note)
23
Repeal the note, substitute:
24
Note:
Subsection 56(1) of the Public Governance, Performance and
25
Accountability Act 2013 provides that an agreement for the borrowing
26
of money by the Commonwealth is of no effect unless the borrowing
27
is expressly authorised by an Act.
28
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
293
Medical Indemnity Act 2002
1
6 Subsection 67(1)
2
Omit "section 33 of the Financial Management and Accountability Act
3
1997", substitute "section 65 of the Public Governance, Performance
4
and Accountability Act 2013 (which deals with act of grace payments
5
by the Commonwealth)".
6
Members of Parliament (Staff) Act 1984
7
7 Section 3 (definition of Finance Minister)
8
Omit "Financial Management and Accountability Act 1997", substitute
9
"Public Governance, Performance and Accountability Act 2013".
10
Midwife Professional Indemnity (Commonwealth
11
Contribution) Scheme Act 2010
12
8 Subsection 78(1)
13
Omit "section 33 of the Financial Management and Accountability Act
14
1997", substitute "section 65 of the Public Governance, Performance
15
and Accountability Act 2013 (which deals with act of grace payments
16
by the Commonwealth)".
17
Military Rehabilitation and Compensation Act 2004
18
9 At the end of section 363
19
Add:
20
(3) Despite paragraph 10(1)(d) of the Public Governance,
21
Performance and Accountability Act 2013 and the definition of
22
Department of State in section 8 of that Act, the Commission:
23
(a) is not a Commonwealth entity for the purposes of that Act;
24
and
25
(b) is taken to be part of the Department administered by the
26
Minister administering this Chapter for those purposes.
27
Note:
This means that the Commission members are officials of the
28
Department for the purposes of the Public Governance, Performance
29
and Accountability Act 2013.
30
Schedule 10 Amendments of Acts starting with M or N
294
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
10 Paragraph 372(2)(c)
1
Repeal the paragraph, substitute:
2
(c) the member fails, without reasonable excuse, to comply with:
3
(i) section 379 or 380; or
4
(ii) 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
11 Section 381
9
Repeal the section.
10
Military Superannuation and Benefits Act 1991
11
12 Subsections 16B(2) and (3) (note)
12
Repeal the note.
13
13 Subsection 16C(3) (note)
14
Repeal the note.
15
14 Subsection 16D(10)
16
Omit "Financial Management and Accountability Act 1997) who is in
17
the Department or is part of the Department", substitute "Public
18
Governance, Performance and Accountability Act 2013) of the
19
Department".
20
15 Subsections 51B(2) and (3) (note)
21
Repeal the note.
22
16 Subsection 51C(8)
23
Omit "Financial Management and Accountability Act 1997) who is in
24
the Department or is part of the Department", substitute "Public
25
Governance, Performance and Accountability Act 2013) of the
26
Department".
27
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
295
Moomba-Sydney Pipeline System Sale Act 1994
1
17 Subsection 3(1) (definition of Finance Minister)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
National Blood Authority Act 2003
5
18 Section 33
6
Repeal the section.
7
19 Paragraph 35(2)(d)
8
Repeal the paragraph, substitute:
9
(d) fails, without reasonable excuse, to comply with section 29 of
10
the Public Governance, Performance and Accountability Act
11
2013 (which deals with the duty to disclose interests) or rules
12
made for the purposes of that section.
13
20 Subsection 40(2)
14
Omit "Special Account for the purposes of the Financial Management
15
and Accountability Act 1997", substitute "special account for the
16
purposes of the Public Governance, Performance and Accountability
17
Act 2013".
18
21 Section 41 (note)
19
Omit "Special Account if any of the purposes of the Account",
20
substitute "special account if any of the purposes of the special
21
account".
22
22 Section 43
23
Repeal the section, substitute:
24
43 Corporate plan
25
(1) The Minister may approve a corporate plan that is prepared by the
26
General Manager and given to the Minister under section 35 of the
27
Public Governance, Performance and Accountability Act 2013 if
28
the plan has been endorsed by the Ministerial Council.
29
Schedule 10 Amendments of Acts starting with M or N
296
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) Subsection 35(3) of that Act (which deals with the Australian
1
Government's key priorities and objectives) does not apply to a
2
corporate plan prepared by the General Manager.
3
23 Subsection 44(1)
4
Repeal the subsection, substitute:
5
(1) The General Manager must give to the Ministerial Council a copy
6
of the annual report that is prepared by the General Manager and
7
given to the Minister under section 46 of the Public Governance,
8
Performance and Accountability Act 2013.
9
24 Subsection 44(3)
10
Omit "each report described in this section", substitute "the report
11
mentioned in subsection (2)".
12
National Broadband Network Companies Act 2011
13
25 Section 5 (definition of bank)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
26 Section 5 (definition of Finance Minister)
17
Omit "Financial Management and Accountability Act 1997", substitute
18
"Public Governance, Performance and Accountability Act 2013".
19
27 Subparagraph 20(1)(d)(iv)
20
Repeal the subparagraph, substitute:
21
(iv) any other form of investment prescribed by rules made
22
for the purposes of subparagraph 58(8)(a)(iii) of the
23
Public Governance, Performance and Accountability
24
Act 2013 (section 58 of that Act deals with investment
25
by the Commonwealth).
26
28 Subsection 54(12) (definition of wholly-owned
27
Commonwealth company)
28
Omit "Commonwealth Authorities and Companies Act 1997", substitute
29
"Public Governance, Performance and Accountability Act 2013".
30
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
297
29 Section 57 (note)
1
Repeal the note, substitute:
2
Note:
Subsection 56(1) of the Public Governance, Performance and
3
Accountability Act 2013 provides that an agreement for the borrowing
4
of money by the Commonwealth is of no effect unless the borrowing
5
is expressly authorised by an Act.
6
30 Section 78
7
Omit "Commonwealth Authorities and Companies Act 1997", substitute
8
"Public Governance, Performance and Accountability Act 2013".
9
31 Subsections 82(1) to (5)
10
Repeal the subsections, substitute:
11
(1) The corporate plan for NBN Co prepared under section 95 of the
12
Public Governance, Performance and Accountability Act 2013
13
must cover each NBN corporation. In particular, for each NBN
14
corporation the plan must include details of the matters in
15
subsection (6), so far as they are applicable.
16
(2) The members of the Board must keep the Finance Minister and the
17
Communications Minister informed about changes to the plan.
18
(3) Subsection (2) does not limit section 91 of the Public Governance,
19
Performance and Accountability Act 2013 (which deals with the
20
duty to keep the responsible Minister and Finance Minister
21
informed).
22
National Cattle Disease Eradication Account Act 1991
23
32 Subsection 4(2)
24
Omit "Special Account for the purposes of the Financial Management
25
and Accountability Act 1997", substitute "special account for the
26
purposes of the Public Governance, Performance and Accountability
27
Act 2013".
28
33 Subsection 5(1)
29
Omit "(1)" (first occurring).
30
Schedule 10 Amendments of Acts starting with M or N
298
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
34 Subsection 5(1) (note)
1
Omit "Special Account if any of the purposes of the Account",
2
substitute "special account if any of the purposes of the special
3
account".
4
National Consumer Credit Protection Act 2009
5
35 Subsection 115(2) of the National Credit Code
6
Omit "Financial Management and Accountability Act 1997", substitute
7
"Public Governance, Performance and Accountability Act 2013".
8
National Disability Insurance Scheme Act 2013
9
36 Section 9 (definition of CAC Act)
10
Repeal the definition.
11
37 Section 9 (definition of Finance Minister)
12
Omit "Financial Management and Accountability Act 1997", substitute
13
"Public Governance, Performance and Accountability Act 2013".
14
38 Subsection 117(2) (note)
15
Repeal the note, substitute:
16
Note:
The Public Governance, Performance and Accountability Act 2013
17
applies to the Agency. That Act deals with matters relating to
18
corporate Commonwealth entities, including reporting and the use and
19
management of public resources.
20
39 Subparagraph 121(2)(b)(ii)
21
Omit "CAC Act, or the regulations or an", substitute "Public
22
Governance, Performance and Accountability Act 2013, or any".
23
40 Subparagraph 125(2)(c)(ii)
24
Omit "CAC Act, or the regulations or an", substitute "Public
25
Governance, Performance and Accountability Act 2013, or any".
26
41 Paragraph 125A(b)
27
Omit "established and maintained by Board members under section 32
28
of the CAC Act", substitute "for the Agency".
29
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
299
42 At the end of section 125A
1
Add:
2
Note:
See section 45 of the Public Governance, Performance and
3
Accountability Act 2013 (which deals with audit committees for
4
Commonwealth entities).
5
43 Paragraph 134(2)(d)
6
Repeal the paragraph.
7
44 At the end of subsection 134(2)
8
Add:
9
Note:
The appointment of a board member may also be terminated under
10
section 30 of the Public Governance, Performance and Accountability
11
Act 2013 (which deals with terminating the appointment of an
12
accountable authority, or a member of an accountable authority, for
13
contravening general duties of officials).
14
45 At the end of section 134
15
Add:
16
Termination under the Public Governance, Performance and
17
Accountability Act 2013
18
(5) Subsections (3) and (4) are taken to apply in relation to the
19
termination of the appointment of the Chair under section 30 of the
20
Public Governance, Performance and Accountability Act 2013 in
21
the same way as those subsections apply to a termination under this
22
section.
23
46 Paragraph 138(2)(a)
24
Omit "section 27J of the CAC Act", substitute "rules made for the
25
purposes of section 29 of the Public Governance, Performance and
26
Accountability Act 2013".
27
47 Section 165
28
Repeal the section, substitute:
29
Schedule 10 Amendments of Acts starting with M or N
300
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and Transitional Provisions) Bill 2014
No. , 2014
165 Disclosure of interests
1
(1) A disclosure by the CEO under section 29 of the Public
2
Governance, Performance and Accountability Act 2013 (which
3
deals with the duty to disclose interests) must be made to the
4
Board.
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, the CEO is taken not to
9
have complied with section 29 of that Act if the CEO does not
10
comply with subsection (1) of this section.
11
48 Paragraph 167(2)(d)
12
Repeal the paragraph, substitute:
13
(d) the CEO fails, without reasonable excuse, to comply with
14
section 29 of the Public Governance, Performance and
15
Accountability Act 2013 (which deals with the duty to
16
disclose interests) or rules made for the purposes of that
17
section; or
18
49 Subsection 172(1)
19
Repeal the subsection, substitute:
20
(1) The annual report prepared by the Board members and given to the
21
Minister under section 46 of the Public Governance, Performance
22
and Accountability Act 2013 must include the things described in
23
subsections (2) and (4).
24
50 Subsection 173(1)
25
Repeal the subsection, substitute:
26
(1) The Board members must give the Ministerial Council a copy of
27
each of the following when, or as soon as practicable after, the
28
Board members give the copy to the Minister or the Finance
29
Minister:
30
(a) information, a report or a document given to the Minister or
31
the Finance Minister under paragraph 19(1)(b) of the Public
32
Governance, Performance and Accountability Act 2013;
33
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301
(b) particulars of a decision or issue notified to the Minister
1
under paragraph 19(1)(c), (d) or (e) of that Act;
2
(c) an annual report given to the Minister under section 46 of
3
that Act.
4
(1A) If the Board members inform the Minister of activities under
5
paragraph 19(1)(a) of that Act, the Board members must also
6
inform the Ministerial Council of the activities.
7
51 Section 177
8
Repeal the section, substitute:
9
177 Corporate plan
10
(1) In preparing a corporate plan under section 35 of the Public
11
Governance, Performance and Accountability Act 2013, the Board
12
must have regard to a statement given under section 125 of this
13
Act.
14
(2) The corporate plan must include details of the following:
15
(a) the financial sustainability of the National Disability
16
Insurance Scheme (including estimates of the current and
17
future expenditure of the National Disability Insurance
18
Scheme);
19
(b) the risks and issues relevant to the financial sustainability of
20
the National Disability Insurance Scheme and the
21
management of those risks and issues.
22
(3) The Board must give a copy of the plan to the Ministerial Council
23
before the start of the period covered by the plan.
24
(4) If the Board varies the plan, the Board must notify the Ministerial
25
Council of the variation.
26
(5) Subsection 35(3) of the Public Governance, Performance and
27
Accountability Act 2013 (which deals with the Australian
28
Government's key priorities and objectives) does not apply to a
29
corporate plan prepared by the Board.
30
52 Subsection 180(4)
31
Repeal the subsection, substitute:
32
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and Transitional Provisions) Bill 2014
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(4) Subsections (2) and (3) do not prevent investment, under
1
section 59 of the Public Governance, Performance and
2
Accountability Act 2013, of money that is not immediately required
3
for the purposes of the Agency.
4
53 Subsection 180B(1)
5
Omit "on the Agency under section 9 of the CAC Act is being
6
prepared", substitute "is being prepared by the Board members under
7
section 46 of the Public Governance, Performance and Accountability
8
Act 2013".
9
National Film and Sound Archive of Australia Act 2008
10
54 Subsection 5(2) (note)
11
Repeal the note, substitute:
12
Note:
The Public Governance, Performance and Accountability Act 2013
13
applies to the National Film and Sound Archive of Australia. That Act
14
deals with matters relating to corporate Commonwealth entities,
15
including reporting and the use and management of public resources.
16
55 Paragraph 16(2)(b)
17
Repeal the paragraph.
18
56 At the end of subsection 16(2)
19
Add:
20
Note:
The appointment of a member may also be terminated under
21
section 30 of the Public Governance, Performance and Accountability
22
Act 2013 (which deals with terminating the appointment of an
23
accountable authority, or a member of an accountable authority, for
24
contravening general duties of officials).
25
57 Paragraph 18(3)(a)
26
Omit "section 27J of the Commonwealth Authorities and Companies
27
Act 1997", substitute "rules made for the purposes of section 29 of the
28
Public Governance, Performance and Accountability Act 2013".
29
58 Subsection 18(10)
30
Omit "Commonwealth Authorities and Companies Act 1997", substitute
31
"Public Governance, Performance and Accountability Act 2013".
32
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and Transitional Provisions) Bill 2014
303
59 Section 27
1
Repeal the section, substitute:
2
27 Disclosure of interests
3
(1) A disclosure by the CEO under section 29 of the Public
4
Governance, Performance and Accountability Act 2013 (which
5
deals with the duty to disclose interests) must be made to the
6
Minister and the Board.
7
(2) Subsection (1) applies in addition to any rules made for the
8
purposes of that section.
9
(3) For the purposes of this Act and the Public Governance,
10
Performance and Accountability Act 2013, the CEO is taken not to
11
have complied with section 29 of that Act if the CEO does not
12
comply with subsection (1) of this section.
13
60 Paragraph 29(2)(c)
14
Repeal the paragraph, substitute:
15
(c) the CEO fails, without reasonable excuse, to comply with
16
section 29 of the Public Governance, Performance and
17
Accountability Act 2013 (which deals with the duty to
18
disclose interests) or rules made for the purposes of that
19
section; or
20
61 Sections 33 and 34
21
Repeal the sections, substitute:
22
33 Corporate plan
23
(1) The Minister may give the Board written instructions with which
24
the Board must comply in preparing a corporate plan under
25
section 35 of the Public Governance, Performance and
26
Accountability Act 2013.
27
Note:
The instruction may be to include details of particular matters in the
28
corporate plan.
29
(2) An instruction given under subsection (1) is not a legislative
30
instrument.
31
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and Transitional Provisions) Bill 2014
No. , 2014
62 Subsection 35(1)
1
Omit "The plan", substitute "The corporate plan".
2
63 Subsections 36(1) and (2)
3
Omit "a corporate plan", substitute "the corporate plan".
4
64 Subsection 37(4)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
65 Subsection 38(2)
8
Repeal the subsection, substitute:
9
(2) Subsection (1) does not prevent investment, under section 59 of the
10
Public Governance, Performance and Accountability Act 2013, of
11
money that is not immediately required for the purposes of the
12
National Film and Sound Archive of Australia.
13
66 Subsection 39(2)
14
Repeal the subsection.
15
67 Section 41
16
Omit "on the National Film and Sound Archive of Australia under
17
section 9 of the Commonwealth Authorities and Companies Act 1997",
18
substitute "prepared by the Board and given to the Minister under
19
section 46 of the Public Governance, Performance and Accountability
20
Act 2013".
21
68 Subsection 42(4)
22
Omit "section 16 of the Commonwealth Authorities and Companies Act
23
1997", substitute "section 19 of the Public Governance, Performance
24
and Accountability Act 2013 (which deals with the duty to keep the
25
responsible Minister and Finance Minister informed)".
26
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and Transitional Provisions) Bill 2014
305
National Gallery Act 1975
1
69 Subsection 3(1) (definition of Finance Minister)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
70 Subsection 4(2) (note)
5
Repeal the note, substitute:
6
Note:
The Public Governance, Performance and Accountability Act 2013
7
applies to the Gallery. That Act deals with matters relating to
8
corporate Commonwealth entities, including reporting and the use and
9
management of public resources.
10
71 Subsection 7(4)
11
Omit "subsection 18(3) of the Commonwealth Authorities and
12
Companies Act 1997", substitute "subsection 59(1) of the Public
13
Governance, Performance and Accountability Act 2013 (which deals
14
with investment by corporate Commonwealth entities)".
15
72 At the end of paragraph 17(2)(a)
16
Add "or".
17
73 Paragraph 17(2)(b)
18
Omit "or".
19
74 Paragraph 17(2)(c)
20
Repeal the paragraph.
21
75 At the end of subsection 17(2)
22
Add:
23
Note:
The appointment of a part-time member may also be terminated under
24
section 30 of the Public Governance, Performance and Accountability
25
Act 2013 (which deals with terminating the appointment of an
26
accountable authority, or a member of an accountable authority, for
27
contravening general duties of officials).
28
76 At the end of paragraph 29(2)(a)
29
Add "or".
30
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and Transitional Provisions) Bill 2014
No. , 2014
77 Paragraph 29(2)(aa)
1
Repeal the paragraph, substitute:
2
(aa) fails, without reasonable excuse, to comply with
3
subsection (3); or
4
78 At the end of paragraph 29(2)(ab)
5
Add "or".
6
79 At the end of subsection 29(2)
7
Add:
8
Note:
The appointment of the Director may also be terminated under
9
section 30 of the Public Governance, Performance and Accountability
10
Act 2013 (which deals with terminating the appointment of an
11
accountable authority, or a member of an accountable authority, for
12
contravening general duties of officials).
13
80 At the end of section 29
14
Add:
15
(4) Subsection (3) applies in addition to section 29 of the Public
16
Governance, Performance and Accountability Act 2013 (which
17
deals with the duty to disclose interests).
18
81 Subsection 37(2)
19
Repeal the subsection, substitute:
20
(2) Subsection (1) does not prevent investment, under section 59 of the
21
Public Governance, Performance and Accountability Act 2013, of
22
money that is not immediately required for the purposes of the
23
Gallery.
24
82 Subsection 38(1)
25
Omit "(1)".
26
83 Subsection 38(2)
27
Repeal the subsection.
28
84 Section 40
29
Repeal the section, substitute:
30
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307
40 Annual report
1
The annual report prepared by the Council and given to the
2
Minister under section 46 of the Public Governance, Performance
3
and Accountability Act 2013 for a period must include particulars
4
of any disposals of works of art under section 9 of this Act during
5
the period.
6
National Health Act 1953
7
85 Subsection 4(1) (definition of Finance Minister)
8
Omit "Financial Management and Accountability Act 1997", substitute
9
"Public Governance, Performance and Accountability Act 2013".
10
National Health and Medical Research Council Act 1992
11
86 Division 3 of Part 3 (heading)
12
Repeal the heading, substitute:
13
Division 3--Corporate plans
14
87 Section 16
15
Repeal the section, substitute:
16
16 Corporate plan
17
(1) Before preparing a corporate plan under section 35 of the Public
18
Governance, Performance and Accountability Act 2013, the CEO
19
must consult with the Minister and the Council on the matters
20
proposed for inclusion in the plan.
21
(2) The corporate plan for a period must set out:
22
(a) the CEO's assessment of the major national health issues that
23
are likely to arise during the period; and
24
(b) the manner in which the CEO proposes to perform his or her
25
functions in dealing with those issues during the period; and
26
(c) a national strategy for medical research and public health
27
research.
28
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308
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
88 Section 17
1
Repeal the section.
2
89 Section 18
3
Repeal the section, substitute:
4
18 Approval and tabling of corporate plan
5
(1) After receiving a corporate plan for a period, the Minister must
6
either:
7
(a) approve the plan; or
8
(b) request the CEO to give the Minister a different corporate
9
plan for the same period.
10
(2) If the Minister requests the CEO to give the Minister a different
11
corporate plan, the CEO must do so as soon as reasonably
12
practicable.
13
(3) A corporate plan comes into force:
14
(a) immediately after the end of the period covered by the
15
immediately preceding corporate plan that was in force; or
16
(b) when it is approved by the Minister, if the Minister approves
17
it after the end of that period.
18
(4) The Minister must cause to be laid before each House of the
19
Parliament a copy of a corporate plan he or she has approved,
20
within 15 sitting days of that House after he or she approves it.
21
90 Section 19 (heading)
22
Repeal the heading, substitute:
23
19 Variation of corporate plan
24
91 Section 19
25
Omit "strategic plan" (wherever occurring), substitute "corporate plan".
26
92 At the end of subsection 42A(1)
27
Add:
28
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and Transitional Provisions) Bill 2014
309
Note:
The CEO also has a duty to disclose interests under section 29 of the
1
Public Governance, Performance and Accountability Act 2013.
2
93 Subsection 42A(2)
3
Repeal the subsection.
4
94 At the end of subsection 42A(3)
5
Add:
6
Note:
The member also has a duty to disclose interests under section 29 of
7
the Public Governance, Performance and Accountability Act 2013.
8
95 Subsection 42A(4)
9
Repeal the subsection.
10
96 Subsection 42A(5)
11
Omit "or (4)".
12
97 Subsections 42A(7) and (8)
13
Repeal the subsections (not including the note).
14
98 Paragraph 44B(3)(b)
15
Repeal the paragraph, substitute:
16
(b) fails, without reasonable excuse, to comply with an
17
obligation to disclose an interest under any of the following
18
(as the case requires):
19
(i) section 42A or 76;
20
(ii) section 29 of the Public Governance, Performance and
21
Accountability Act 2013 (which deals with the duty to
22
disclose interests) or rules made for the purposes of that
23
section; or
24
99 Subsection 49(2)
25
Omit "Special Account for the purposes of the Financial Management
26
and Accountability Act 1997", substitute "special account for the
27
purposes of the Public Governance, Performance and Accountability
28
Act 2013".
29
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310
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
100 Section 50 (note)
1
Omit "Special Account if any of the purposes of the Account",
2
substitute "special account if any of the purposes of the special
3
account".
4
101 Subsection 52(1)
5
Omit "Financial Management and Accountability Act 1997 (other than
6
section 39 of that Act)", substitute "Public Governance, Performance
7
and Accountability Act 2013 (other than section 58 of that Act which
8
deals with investment by the Commonwealth)".
9
102 Section 83
10
Repeal the section, substitute:
11
83 Annual report
12
The annual report prepared by the CEO and given to the Minister
13
under section 46 of the Public Governance, Performance and
14
Accountability Act 2013 for a period must include the following:
15
(a) details of the membership of the Council;
16
(b) details of the functions, composition and membership of each
17
Principal Committee;
18
(c) details of all regulatory recommendations and interim
19
regulatory recommendations made by the CEO during the
20
period;
21
(d) details of any matter referred by the Minister to the CEO, the
22
Council or a Principal Committee during the period under
23
section 5D;
24
(e) details of any direction given by the Minister to the CEO, the
25
Council or a Principal Committee during the period under
26
section 5E;
27
(f) details of any guidelines or interim guidelines issued by the
28
CEO during the period in the performance of the CEO's
29
functions under paragraph 7(1)(a);
30
(g) details of all recommendations made by the CEO during the
31
period to the Minister in the performance of the CEO's
32
functions under paragraph 7(1)(c);
33
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311
(h) a copy of the Commissioner's annual report to the CEO for
1
the period;
2
(i) details of all action taken by the CEO in response to
3
recommendations made by the Commissioner.
4
National Health Reform Act 2011
5
103 Subsection 8(2) (note)
6
Repeal the note, substitute:
7
Note:
The Public Governance, Performance and Accountability Act 2013
8
applies to the Commission. That Act deals with matters relating to
9
corporate Commonwealth entities, including reporting and the use and
10
management of public resources.
11
104 Paragraph 26(2)(b)
12
Omit "or".
13
105 Paragraph 26(2)(c)
14
Repeal the paragraph.
15
106 At the end of subsection 26(2)
16
Add:
17
Note:
The appointment of a Commission Board member may also be
18
terminated under section 30 of the Public Governance, Performance
19
and Accountability Act 2013 (which deals with terminating the
20
appointment of an accountable authority, or a member of an
21
accountable authority, for contravening general duties of officials).
22
107 Section 33
23
Omit "Commonwealth Authorities and Companies Act 1997", substitute
24
"Public Governance, Performance and Accountability Act 2013".
25
108 Section 43
26
Repeal the section, substitute:
27
43 Disclosure of interests
28
(1) A disclosure by the Commission CEO under section 29 of the
29
Public Governance, Performance and Accountability Act 2013
30
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312
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(which deals with the duty to disclose interests) must be made to
1
the Commission Board.
2
(2) Subsection (1) applies in addition to any rules made for the
3
purposes of that section.
4
(3) For the purposes of this Act and the Public Governance,
5
Performance and Accountability Act 2013, the Commission CEO
6
is taken not to have complied with section 29 of that Act if the
7
Commission CEO does not comply with subsection (1) of this
8
section.
9
109 Paragraph 45(4)(c)
10
Repeal the paragraph, substitute:
11
(c) the Commission CEO fails, without reasonable excuse, to
12
comply with section 29 of the Public Governance,
13
Performance and Accountability Act 2013 (which deals with
14
the duty to disclose interests) or rules made for the purposes
15
of that section; or
16
110 Section 52
17
Repeal the section, substitute:
18
52 Publishing reports and documents about performance of
19
Commission's function
20
If:
21
(a) a report about a matter relating to the performance of the
22
Commission's functions; or
23
(b) a document setting out information relating to the
24
performance of the Commission's functions;
25
is given to the Minister under paragraph 19(1)(b) of the Public
26
Governance, Performance and Accountability Act 2013, the
27
Minister may cause the report or document to be published
28
(whether on the internet or otherwise).
29
111 Section 53
30
Repeal the section, substitute:
31
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
313
53 Annual report
1
The annual report prepared by the Commission Board and given to
2
the Minister under section 46 of the Public Governance,
3
Performance and Accountability Act 2013 for a period must
4
include:
5
(a) an assessment of the impact of the performance of each of the
6
Commission's functions during the period; and
7
(b) an assessment of:
8
(i) the safety of health care services provided during the
9
period; and
10
(ii) the quality of health care services provided during the
11
period.
12
112 At the end of Part 2.6
13
Add:
14
54AA Corporate plan
15
(1) A work plan prepared under section 54 is not a corporate plan for
16
the purposes of section 35 of the Public Governance, Performance
17
and Accountability Act 2013.
18
Note:
The Commission Board must also prepare a corporate plan under that
19
section.
20
(2) Subsection 35(3) of the Public Governance, Performance and
21
Accountability Act 2013 (which deals with the Australian
22
Government's key priorities and objectives) does not apply to a
23
corporate plan prepared by the Commission Board.
24
113 Subsection 67(2) (note)
25
Repeal the note.
26
114 Section 76
27
Repeal the section, substitute:
28
76 Disclosure of interests
29
(1) A disclosure by a member of the Performance Authority under
30
section 29 of the Public Governance, Performance and
31
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314
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Accountability Act 2013 (which deals with the duty to disclose
1
interests) must be made to the Minister.
2
(2) Subsection (1) applies in addition to any rules made for the
3
purposes of that section.
4
(3) For the purposes of this Act and the Public Governance,
5
Performance and Accountability Act 2013, the member is taken not
6
to have complied with section 29 of that Act if the member does
7
not comply with subsection (1) of this section.
8
115 Section 77
9
Repeal the section.
10
116 Section 98
11
Repeal the section, substitute:
12
98 Disclosure of interests
13
(1) A disclosure by the Performance Authority CEO under section 29
14
of the Public Governance, Performance and Accountability Act
15
2013 (which deals with the duty to disclose interests) must be
16
made to the Performance Authority.
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, t
he Performance
21
Authority CEO is taken not to have complied with section 29 of
22
that Act if the Performance Authority CEO does not comply with
23
subsection (1) of this section.
24
117 Paragraph 100(2)(c)
25
Repeal the paragraph.
26
118 At the end of subsection 100(2)
27
Add:
28
Note:
The appointment of the Performance Authority CEO may also be
29
terminated under section 30 of the Public Governance, Performance
30
and Accountability Act 2013 (which deals with terminating the
31
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
315
appointment of an accountable authority, or a member of an
1
accountable authority, for contravening general duties of officials).
2
119 Section 109
3
Repeal the section.
4
120 Section 111 (heading)
5
Repeal the heading, substitute:
6
111 Compilation of reports
7
121 Subsection 111(1)
8
Repeal the subsection.
9
122 Part 3.11 (heading)
10
Repeal the heading, substitute:
11
Part 3.11--Planning
12
123 At the end of Part 3.11
13
Add:
14
112AA Corporate plan
15
(1) A strategic plan prepared under section 112 is not a corporate plan
16
for the purposes of section 35 of the Public Governance,
17
Performance and Accountability Act 2013.
18
Note:
The Performance Authority CEO must also prepare a corporate plan
19
under that section.
20
(2) Subsection 35(3) of the Public Governance, Performance and
21
Accountability Act 2013 (which deals with the Australian
22
Government's key priorities and objectives) does not apply to a
23
corporate plan prepared by the Performance Authority CEO.
24
124 Paragraph 126(a)
25
Omit "Financial Management and Accountability Act 1997", substitute
26
"Public Governance, Performance and Accountability Act 2013".
27
Schedule 10 Amendments of Acts starting with M or N
316
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
125 Subsection 135(2) (note)
1
Repeal the note.
2
126 Section 148
3
Repeal the section, substitute:
4
148 Disclosure of interests
5
(1) A disclosure by a member of the Pricing Authority under
6
section 29 of the Public Governance, Performance and
7
Accountability Act 2013 (which deals with the duty to disclose
8
interests) must be made to the Minister.
9
(2) Subsection (1) applies in addition to any rules made for the
10
purposes of that section.
11
(3) For the purposes of this Act and the Public Governance,
12
Performance and Accountability Act 2013, the member is taken not
13
to have complied with section 29 of that Act if the member does
14
not comply with subsection (1) of this section.
15
127 Section 149
16
Repeal the section.
17
128 Section 169
18
Repeal the section, substitute:
19
169 Disclosure of interests
20
(1) A disclosure by the Pricing Authority CEO under section 29 of the
21
Public Governance, Performance and Accountability Act 2013
22
(which deals with the duty to disclose interests) must be made to
23
the Pricing Authority.
24
(2) Subsection (1) applies in addition to any rules made for the
25
purposes of that section.
26
(3)
For the purposes of this Act and the Public Governance,
27
Performance and Accountability Act 2013, t
he Pricing Authority
28
CEO is taken not to have complied with section 29 of that Act if
29
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
317
the Pricing Authority CEO does not comply with subsection (1) of
1
this section.
2
129 Paragraph 171(3)(c)
3
Repeal the paragraph.
4
130 At the end of subsection 171(3)
5
Add:
6
Note:
The appointment of the Pricing Authority CEO may also be
7
terminated under section 30 of the Public Governance, Performance
8
and Accountability Act 2013 (which deals with terminating the
9
appointment of an accountable authority, or a member of an
10
accountable authority, for contravening general duties of officials).
11
131 Part 4.13 (heading)
12
Repeal the heading, substitute:
13
Part 4.13--Reporting and planning
14
132 Section 209
15
Repeal the section, substitute:
16
209 Keeping the Standing Council on Health informed
17
(1) The Pricing Authority must keep the Standing Council on Health
18
informed of the operations of the Pricing Authority.
19
(2) However, the Pricing Authority is not required to inform the
20
Standing Council on Health about the performance of functions or
21
exercise of powers under the Public Governance, Performance and
22
Accountability Act 2013.
23
Note:
The Pricing Authority CEO has a duty, under section 19 of the Public
24
Governance, Performance and Accountability Act 2013, to keep the
25
Minister and the Finance Minister informed of particular matters.
26
133 Subsection 211(1)
27
After "Pricing Authority", insert ", and the Pricing Authority CEO,".
28
Schedule 10 Amendments of Acts starting with M or N
318
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
134 Subsection 211(2)
1
Omit "under section 212", substitute "given to the Minister under
2
section 46 of the Public Governance, Performance and Accountability
3
Act 2013".
4
135 Section 212
5
Repeal the section, substitute:
6
212 Corporate plan
7
Subsection 35(3) of the Public Governance, Performance and
8
Accountability Act 2013 (which deals with the Australian
9
Government's key priorities and objectives) does not apply to a
10
corporate plan prepared by the Pricing Authority CEO.
11
136 Paragraph 227(a)
12
Omit "Financial Management and Accountability Act 1997", substitute
13
"Public Governance, Performance and Accountability Act 2013".
14
137 Section 260
15
Repeal the section, substitute:
16
260 Disclosure of interests
17
(1) A disclosure by the Funding Body CEO under section 29 of the
18
Public Governance, Performance and Accountability Act 2013
19
(which deals with the duty to disclose interests) must be made to
20
the Administrator.
21
(2) Subsection (1) applies in addition to any rules made for the
22
purposes of that section.
23
(3) For the purposes of this Act and the Public Governance,
24
Performance and Accountability Act 2013, the Funding Body CEO
25
is taken not to have complied with section 29 of that Act if the
26
Funding Body CEO does not comply with subsection (1) of this
27
section.
28
138 Paragraph 262(4)(c)
29
Repeal the paragraph, substitute:
30
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
319
(c) the Funding Body CEO fails, without reasonable excuse, to
1
comply with section 29 of the Public Governance,
2
Performance and Accountability Act 2013 (which deals with
3
the duty to disclose interests) or rules made for the purposes
4
of that section; or
5
139 After section 266
6
Insert:
7
Division 4--Reporting and planning
8
140 Section 267
9
Repeal the section, substitute:
10
267 Annual report
11
The Funding Body CEO must give to the responsible Ministers for
12
the States and Territories a copy of each annual report that is
13
prepared by the Funding Body CEO and given to the Minister
14
under section 46 of the Public Governance, Performance and
15
Accountability Act 2013.
16
267A Corporate plan
17
Subsection 35(3) of the Public Governance, Performance and
18
Accountability Act 2013 (which deals with the Australian
19
Government's key priorities and objectives) does not apply to a
20
corporate plan prepared by the Funding Body CEO.
21
141 Section 281
22
Repeal the section.
23
National Library Act 1960
24
142 Section 4 (definition of Finance Minister)
25
Omit "Financial Management and Accountability Act 1997", substitute
26
"Public Governance, Performance and Accountability Act 2013".
27
Schedule 10 Amendments of Acts starting with M or N
320
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
143 Subsection 5(1) (note)
1
Repeal the note, substitute:
2
Note:
The Public Governance, Performance and Accountability Act 2013
3
applies to the Library. That Act deals with matters relating to
4
corporate Commonwealth entities, including reporting and the use and
5
management of public resources.
6
144 At the end of section 14
7
Add:
8
(3) Section 30 of the Public Governance, Performance and
9
Accountability Act 2013 (which deals with terminating the
10
appointment of an accountable authority, or a member of an
11
accountable authority, for contravening general duties of officials)
12
does not apply in relation to a member elected by either House of
13
the Parliament despite subsection 30(6) of that Act.
14
145 At the end of paragraphs 15(1)(a) and (c)
15
Add "or".
16
146 Paragraph 15(1)(d)
17
Omit "or".
18
147 Paragraph 15(1)(e)
19
Repeal the paragraph.
20
148 At the end of subsection 15(1)
21
Add:
22
Note:
The appointment of a member (other than a member elected by either
23
House of the Parliament) may also be terminated under section 30 of
24
the Public Governance, Performance and Accountability Act 2013
25
(which deals with terminating the appointment of an accountable
26
authority, or a member of an accountable authority, for contravening
27
general duties of officials).
28
149 Paragraph 17E(1)(aa)
29
Repeal the paragraph, substitute:
30
(aa) fails, without reasonable excuse, to comply with
31
subsection (3); or
32
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
321
150 At the end of subsection 17E(1)
1
Add:
2
Note:
The appointment of the Director-General may also be terminated
3
under section 30 of the Public Governance, Performance and
4
Accountability Act 2013 (which deals with terminating the
5
appointment of an accountable authority, or a member of an
6
accountable authority, for contravening general duties of officials).
7
151 At the end of section 17E
8
Add:
9
(4) Subsection (3) applies in addition to section 29 of the Public
10
Governance, Performance and Accountability Act 2013 (which
11
deals with the duty to disclose interests).
12
152 Subsection 22(2)
13
Repeal the subsection, substitute:
14
(2) Subsection (1) does not prevent investment, under section 59 of the
15
Public Governance, Performance and Accountability Act 2013, of
16
money that is not immediately required for the purposes of the
17
Library.
18
National Museum of Australia Act 1980
19
153 Subsection 3(1) (definition of Finance Minister)
20
Omit "Financial Management and Accountability Act 1997", substitute
21
"Public Governance, Performance and Accountability Act 2013".
22
154 Subsection 4(2) (note)
23
Repeal the note, substitute:
24
Note:
The Public Governance, Performance and Accountability Act 2013
25
applies to the Museum. That Act deals with matters relating to
26
corporate Commonwealth entities, including reporting and the use and
27
management of public resources.
28
155 Subsection 9(5)
29
Repeal the subsection.
30
Schedule 10 Amendments of Acts starting with M or N
322
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
156 At the end of sections 9 and 9A
1
Add:
2
Note:
Particulars of any disposals of historical material under this section
3
must be included in the annual report (see section 38).
4
157 At the end of paragraph 17(2)(a)
5
Add "or".
6
158 Paragraph 17(2)(b)
7
Omit "or".
8
159 Paragraph 17(2)(c)
9
Repeal the paragraph.
10
160 At the end of subsection 17(2)
11
Add:
12
Note:
The appointment of a part-time member may also be terminated under
13
section 30 of the Public Governance, Performance and Accountability
14
Act 2013 (which deals with terminating the appointment of an
15
accountable authority, or a member of an accountable authority, for
16
contravening general duties of officials).
17
161 At the end of paragraphs 27(2)(a), (b) and (c)
18
Add "or".
19
162 Paragraph 27(2)(d)
20
Omit "or" (second occurring).
21
163 Paragraph 27(2)(e)
22
Repeal the paragraph.
23
164 At the end of subsection 27(2)
24
Add:
25
Note:
The appointment of the Director may also be terminated under
26
section 30 of the Public Governance, Performance and Accountability
27
Act 2013 (which deals with terminating the appointment of an
28
accountable authority, or a member of an accountable authority, for
29
contravening general duties of officials).
30
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
323
165 Subsection 34(4)
1
Omit "in accordance with subsection 18(2) of the Commonwealth
2
Authorities and Companies Act 1997".
3
166 Subsection 35(2)
4
Repeal the subsection, substitute:
5
(2) Subsection (1) does not prevent investment, under section 59 of the
6
Public Governance, Performance and Accountability Act 2013, of
7
money that is not immediately required for the purposes of the
8
Museum.
9
167 Subsection 37(1)
10
Omit "(1)".
11
168 Subsection 37(2)
12
Repeal the subsection.
13
169 Section 38
14
Repeal the section, substitute:
15
38 Annual report
16
The annual report prepared by the Council and given to the
17
Minister under section 46 of the Public Governance, Performance
18
and Accountability Act 2013 for a period must:
19
(a) set out all directions given by the Minister to the Museum or
20
the Council during the period; and
21
(b) include particulars of any disposals of historical material
22
under section 9 or 9A during the period.
23
National Portrait Gallery of Australia Act 2012
24
170 Subsection 6(2) (note)
25
Repeal the note, substitute:
26
Note:
The Public Governance, Performance and Accountability Act 2013
27
applies to the Gallery. That Act deals with matters relating to
28
corporate Commonwealth entities, including reporting and the use and
29
management of public resources.
30
Schedule 10 Amendments of Acts starting with M or N
324
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
171 Paragraph 21(2)(b)
1
Omit "; or", substitute ".".
2
172 Paragraph 21(2)(c)
3
Repeal the paragraph.
4
173 At the end of subsection 21(2)
5
Add:
6
Note:
The appointment of a Board member may also be terminated under
7
section 30 of the Public Governance, Performance and Accountability
8
Act 2013 (which deals with terminating the appointment of an
9
accountable authority, or a member of an accountable authority, for
10
contravening general duties of officials).
11
174 Paragraph 24(2)(a)
12
Omit "section 27J of the Commonwealth Authorities and Companies
13
Act 1997", substitute "rules made for the purposes of section 29 of the
14
Public Governance, Performance and Accountability Act 2013".
15
175 Section 28
16
Omit "Commonwealth Authorities and Companies Act 1997", substitute
17
"Public Governance, Performance and Accountability Act 2013".
18
176 Section 37
19
Repeal the section, substitute:
20
37 Disclosure of interests
21
(1) A disclosure by the Director under section 29 of the Public
22
Governance, Performance and Accountability Act 2013 (which
23
deals with the duty to disclose interests) must be made to the
24
Minister and the Board.
25
(2) Subsection (1) applies in addition to any rules made for the
26
purposes of that section.
27
(3) For the purposes of this Act and the Public Governance,
28
Performance and Accountability Act 2013, the Director is taken not
29
to have complied with section 29 of that Act if the Director does
30
not comply with subsection (1) of this section.
31
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
325
177 Paragraph 39(1)(f)
1
Repeal the paragraph, substitute:
2
(f) if the Director fails, without reasonable excuse, to comply
3
with section 29 of the Public Governance, Performance and
4
Accountability Act 2013 (which deals with the duty to
5
disclose interests) or rules made for the purposes of that
6
section.
7
178 Section 44
8
Repeal the section, substitute:
9
44 Corporate plan
10
(1) The corporate plan prepared by the Board under section 35 of the
11
Public Governance, Performance and Accountability Act 2013
12
must include the matters (if any) as the Minister requires.
13
(2) The Minister may give the Board written guidelines that are to be
14
used by the Board in deciding whether a matter is covered by a
15
matter mentioned in subsection (1).
16
(3) A guideline under subsection (2) is not a legislative instrument.
17
179 Subsection 45(4)
18
Omit "Financial Management and Accountability Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
180 Subsection 46(2)
21
Repeal the subsection, substitute:
22
(2) Subsection (1) does not prevent investment, under section 59 of the
23
Public Governance, Performance and Accountability Act 2013, of
24
money that is not immediately required for the purposes of the
25
Gallery.
26
181 Subsection 47(2)
27
Repeal the subsection.
28
Schedule 10 Amendments of Acts starting with M or N
326
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
182 Section 49
1
Omit "Each annual report on the Gallery 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".
6
183 Paragraphs 49(a) and (b)
7
Omit "financial year", substitute "period".
8
National Radioactive Waste Management Act 2012
9
184 Subsection 34C(2)
10
Omit "Special Account for the purposes of the Financial Management
11
and Accountability Act 1997", substitute "special account for the
12
purposes of the Public Governance, Performance and Accountability
13
Act 2013".
14
185 Subsection 34D(1) (note)
15
Omit "Special Account if any of the purposes of the Account",
16
substitute "special account if any of the purposes of the special
17
account".
18
186 Subsection 34D(2) (note)
19
Repeal the note, substitute:
20
Note:
See section 80 of the Public Governance, Performance and
21
Accountability Act 2013 (which deals with special accounts).
22
National Residue Survey Administration Act 1992
23
187 Title
24
Omit "Special Account", substitute "special account".
25
188 Subsection 6(2)
26
Omit "Special Account for the purposes of the Financial Management
27
and Accountability Act 1997", substitute "special account for the
28
purposes of the Public Governance, Performance and Accountability
29
Act 2013".
30
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
327
189 Section 7 (note)
1
Omit "Special Account if any of the purposes of the Account",
2
substitute "special account if any of the purposes of the special
3
account".
4
National Transport Commission Act 2003
5
190 Subsection 5(2) (note)
6
Repeal the note, substitute:
7
Note:
The Public Governance, Performance and Accountability Act 2013
8
applies to the Commission. That Act deals with matters relating to
9
corporate Commonwealth entities, including reporting and the use and
10
management of public resources.
11
191 Subsection 19(2)
12
Repeal the subsection, substitute:
13
(2) If an ordinary member is absent from 3 consecutive meetings of
14
the Commission, except on leave granted under section 20, the
15
Minister may terminate the appointment of the member.
16
Note:
The appointment of an ordinary member may also be terminated under
17
section 30 of the Public Governance, Performance and Accountability
18
Act 2013 (which deals with terminating the appointment of an
19
accountable authority, or a member of an accountable authority, for
20
contravening general duties of officials).
21
192 At the end of section 19
22
Add:
23
Termination under Public Governance, Performance and
24
Accountability Act 2013
25
(4) Subsection (3) is taken to apply in relation to the termination of the
26
appointment of an ordinary member under section 30 of the Public
27
Governance, Performance and Accountability Act 2013 in the
28
same way as that subsection applies to a termination under this
29
section.
30
193 Division 1 of Part 4 (heading)
31
Repeal the heading, substitute:
32
Schedule 10 Amendments of Acts starting with M or N
328
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Division 1--Corporate plans
1
194 Sections 23 and 24
2
Repeal the sections, substitute:
3
23 Draft corporate plan
4
(1) Before giving a corporate plan to the Minister under section 35 of
5
the Public Governance, Performance and Accountability Act 2013,
6
the members must prepare a draft corporate plan and give it to the
7
Australian Transport Council.
8
(2) The members must consult the National Environment Protection
9
Council in relation to the preparation of the draft corporate plan.
10
This subsection has effect in addition to, and not instead of,
11
section 9.
12
(3) Subsection 35(3) of the Public Governance, Performance and
13
Accountability Act 2013 (which deals with the Australian
14
Government's key priorities and objectives) does not apply to a
15
corporate plan prepared by the members.
16
195 Section 25 (heading)
17
Repeal the heading, substitute:
18
25 Approval of draft corporate plan
19
196 Subsection 25(1)
20
Omit "strategic plan" (wherever occurring), substitute "corporate plan".
21
197 Subsection 25(2)
22
Repeal the subsection, substitute:
23
(2) If the Australian Transport Council refuses to approve the draft
24
corporate plan, the Council must direct the members to:
25
(a) make such alterations to the draft corporate plan as are
26
specified in the direction; and
27
(b) give the altered draft corporate plan to the Council within the
28
period specified in the direction.
29
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
329
198 Subsection 25(3)
1
Omit "Commission", substitute "members".
2
199 Subsection 25(4)
3
Omit "strategic plan" (wherever occurring), substitute "corporate plan".
4
200 Subsections 25(5) and (6)
5
Repeal the subsections, substitute:
6
(5) The draft corporate plan or altered draft corporate plan, as the case
7
may be, that is approved by the Australian Transport Council is to
8
be given to the Minister under section 35 of the Public
9
Governance, Performance and Accountability Act 2013.
10
201 Subsection 33(3)
11
Omit "Financial Management and Accountability Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
202 Subsection 37(1)
14
Repeal the subsection, substitute:
15
(1) If the Australian Transport Council so directs, the Commission is
16
to prepare estimates, in accordance with Council directions, of the
17
Commission's receipts and expenditure for a period specified by
18
the Council.
19
Note:
Budget estimates must also be prepared under section 36 of the Public
20
Governance, Performance and Accountability Act 2013.
21
203 Paragraph 37(3)(a)
22
Omit "strategic plan under section 23", substitute "corporate plan under
23
section 35 of the Public Governance, Performance and Accountability
24
Act 2013".
25
204 Subsection 38(1)
26
Omit "An annual report prepared by members under section 9 of the
27
Commonwealth Authorities and Companies Act 1997", substitute "The
28
annual report prepared by the members and given to the Minister under
29
section 46 of the Public Governance, Performance and Accountability
30
Act 2013".
31
Schedule 10 Amendments of Acts starting with M or N
330
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
National Vocational Education and Training Regulator Act
1
2011
2
205 Section 3
3
Insert:
4
corporate plan means a corporate plan prepared by the Chief
5
Executive Officer under section 35 of the Public Governance,
6
Performance and Accountability Act 2013.
7
206 Section 167
8
Repeal the section, substitute:
9
167 Disclosure of interests
10
(1) A disclosure by a Commissioner under section 29 of the Public
11
Governance, Performance and Accountability Act 2013 (which
12
deals with the duty to disclose interests) must be made to the
13
Minister.
14
(2) Subsection (1) applies in addition to any rules made for the
15
purposes of that section.
16
(3) For the purposes of this Act and the Public Governance,
17
Performance and Accountability Act 2013, a Commissioner is
18
taken not to have complied with section 29 of that Act if the
19
Commissioner does not comply with subsection (1) of this section.
20
207 Paragraph 170(1)(e)
21
Repeal the paragraph, substitute:
22
(e) the Commissioner fails, without reasonable excuse, to
23
comply with section 29 of the Public Governance,
24
Performance and Accountability Act 2013 (which deals with
25
the duty to disclose interests) or rules made for the purposes
26
of that section.
27
208 Section 175
28
Repeal the section.
29
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
331
209 Section 215
1
Repeal the section, substitute:
2
215 Annual report
3
(1) The annual report prepared by the Chief Executive Officer and
4
given to the Minister under section 46 of the Public Governance,
5
Performance and Accountability Act 2013 for a period must
6
include the following:
7
(a) an assessment of the extent to which the National VET
8
Regulator's operations during the period have contributed to
9
the objectives set out in the annual operational plan for the
10
period;
11
(b) particulars of variations (if any) of the annual operational
12
plan taking effect during the period;
13
(c) a statement about the Regulator's compliance, during the
14
period, with the Standards for VET Regulators;
15
(d) a report on whether the service standards have been met by
16
the Regulator during the period, including reasons in any
17
case where the service standards have not been met;
18
(e) details of the number of directions given to the Regulator by
19
the Minister during the period;
20
(f) details of the number and types of matters relating to
21
vocational education and training which the Commonwealth,
22
State and Territory Education Ministers referred to the
23
Regulator during the period;
24
(g) details of the number and types of matters relating to
25
vocational education and training which the Ministerial
26
Council referred to the Regulator during the period;
27
(h) a general description of the Regulator's response to the
28
matters mentioned in paragraphs (f) and (g).
29
(2) The Minister must give a copy of the report to the relevant Minister
30
for each of the parties to the Ministerial Council (other than the
31
Commonwealth) at the same time as the report is presented to the
32
Parliament for the purposes of section 46 of the Public
33
Governance, Performance and Accountability Act 2013.
34
Schedule 10 Amendments of Acts starting with M or N
332
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
210 Part 11 (heading)
1
Repeal the heading, substitute:
2
Part 11--Corporate and annual operational plans
3
211 Division 1 of Part 11 (heading)
4
Repeal the heading, substitute:
5
Division 1--Corporate plans
6
212 Section 217
7
Repeal the section.
8
213 Section 218
9
Repeal the section, substitute:
10
218 Approval of corporate plan
11
(1) The Chief Executive Officer must give a copy of a corporate plan
12
to the Minister for approval on or before:
13
(a) 31 January before the first reporting period to which the plan
14
relates; or
15
(b) if allowed by the Minister--a later day, but not later than
16
31 March before the first reporting period to which the plan
17
relates.
18
Note:
The corporate plan is prepared under section 35 of the Public
19
Governance, Performance and Accountability Act 2013 (see the
20
definition of corporate plan in section 3 of this Act).
21
(2) A corporate plan comes into force on:
22
(a) the day on which it is approved by the Minister; or
23
(b) the first day of the period to which it relates;
24
whichever is later.
25
(3) In this section:
26
reporting period has the meaning given by the Public Governance,
27
Performance and Accountability Act 2013.
28
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
333
214 Section 219 (heading)
1
Repeal the heading, substitute:
2
219 Variation of corporate plan
3
215 Subsection 219(1)
4
Omit "National VET Regulator", substitute "Chief Executive Officer".
5
216 Subsection 219(1)
6
Omit "strategic plan", substitute "corporate plan".
7
217 Subsections 219(2) and (3)
8
Repeal the subsections, substitute:
9
(2) The Chief Executive Officer may, with the approval of the
10
Minister, vary a corporate plan.
11
(3) The Minister may, at any time, request the Chief Executive Officer
12
to vary a corporate plan, whether or not it has come into force.
13
218 Subsection 219(4)
14
Omit "strategic plan, the National VET Regulator", substitute
15
"corporate plan, the Chief Executive Officer".
16
219 Subsection 219(5)
17
Omit "strategic plan", substitute "corporate plan".
18
220 Subsection 219(6)
19
Omit "National VET Regulator may vary a strategic plan", substitute
20
"Chief Executive Officer may vary a corporate plan".
21
221 Subsection 219(7)
22
Repeal the subsection.
23
222 At the end of Division 1 of Part 11
24
Add:
25
Schedule 10 Amendments of Acts starting with M or N
334
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
219A Application of the Public Governance, Performance and
1
Accountability Act 2013
2
Subsection 35(3) of the Public Governance, Performance and
3
Accountability Act 2013 (which deals with the Australian
4
Government's key priorities and objectives) does not apply to a
5
corporate plan prepared by the Chief Executive Officer.
6
223 Subsection 220(1)
7
Omit "National VET Regulator", substitute "Chief Executive Officer".
8
224 Paragraph 220(2)(a)
9
Omit "strategic plan", substitute "corporate plan".
10
225 Paragraph 220(2)(b)
11
Omit "as the Regulator", substitute "as the Chief Executive Officer".
12
226 Section 221
13
Repeal the section, substitute:
14
221 Variation of annual operational plan
15
If the Chief Executive Officer submits to the Minister proposals for
16
variation of a corporate plan, the Chief Executive Officer must
17
consequentially vary a relevant annual operational plan as required.
18
227 Section 222
19
Omit "strategic plan", substitute "corporate plan".
20
National Water Commission Act 2004
21
228 Section 9
22
Repeal the section.
23
229 Paragraph 18(1)(c)
24
Repeal the paragraph, substitute:
25
(c) if the Commissioner fails, without reasonable excuse, to
26
comply with section 29 of the Public Governance,
27
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
335
Performance and Accountability Act 2013 (which deals with
1
the duty to disclose interests) or rules made for the purposes
2
of that section.
3
230 Section 22
4
Repeal the section.
5
231 Paragraph 32(1)(d)
6
Repeal the paragraph, substitute:
7
(d) if the CEO fails, without reasonable excuse, to comply with
8
section 29 of the Public Governance, Performance and
9
Accountability Act 2013 (which deals with the duty to
10
disclose interests) or rules made for the purposes of that
11
section.
12
232 Section 33
13
Repeal the section.
14
233 Subsection 45(1)
15
Repeal the subsection, substitute:
16
(1) The annual report prepared by the CEO and given to the Minister
17
under section 46 of the Public Governance, Performance and
18
Accountability Act 2013 for a period must include the matters set
19
out in subsections (2) and (3).
20
234 Subsection 45(2)
21
Omit "during a year under this Act, then the report relating to that
22
year", substitute "under this Act during the period, the report".
23
235 Subsection 45(3)
24
Omit "during a year, then the report relating to that year", substitute
25
"during the period, the report".
26
236 After section 45
27
Insert:
28
Schedule 10 Amendments of Acts starting with M or N
336
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
45A Corporate plan
1
Subsection 35(3) of the Public Governance, Performance and
2
Accountability Act 2013 (which deals with the Australian
3
Government's key priorities and objectives) does not apply to a
4
corporate plan prepared by the CEO.
5
Nation-building Funds Act 2008
6
237 Section 4 (definition of bank)
7
Omit "Financial Management and Accountability Act 1997", substitute
8
"Public Governance, Performance and Accountability Act 2013".
9
238 Section 4 (definition of drawing right)
10
Repeal the definition.
11
239 Section 4 (definition of Finance Minister)
12
Omit "Financial Management and Accountability Act 1997", substitute
13
"Public Governance, Performance and Accountability Act 2013".
14
240 Section 11 (note 2)
15
Before "Financial", insert "repealed".
16
241 Subsection 13(2)
17
Omit "Special Account for the purposes of the Financial Management
18
and Accountability Act 1997", substitute "special account for the
19
purposes of the Public Governance, Performance and Accountability
20
Act 2013".
21
242 Subsection 13(2) (note)
22
Omit "Special Account" (wherever occurring), substitute "special
23
account".
24
243 Subsection 17(1) (note)
25
Before "Financial", insert "repealed".
26
244 Subsection 18(1) (note)
27
Repeal the note, substitute:
28
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
337
Note:
See section 80 of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with special accounts).
2
245 Section 19 (note 1)
3
Repeal the note, substitute:
4
Note 1:
See section 80 of the Public Governance, Performance and
5
Accountability Act 2013 (which deals with special accounts).
6
246 Section 20 (note)
7
Repeal the note, substitute:
8
Note:
See section 80 of the Public Governance, Performance and
9
Accountability Act 2013 (which deals with special accounts).
10
247 Subsection 34(6)
11
Omit "Section 39 of the Financial Management and Accountability Act
12
1997", substitute "Section 58 of the Public Governance, Performance
13
and Accountability Act 2013 (which deals with investment by the
14
Commonwealth)".
15
248 Section 46
16
Repeal the section.
17
249 Section 50
18
Omit:
19
•
The Finance Minister must comply with general drawing
20
rights limits.
21
substitute:
22
•
The Finance Minister must comply with any debit limits that
23
may be imposed by an Appropriation Act.
24
250 Subsection 61(2)
25
Omit "Special Account for the purposes of the Financial Management
26
and Accountability Act 1997", substitute "special account for the
27
purposes of the Public Governance, Performance and Accountability
28
Act 2013".
29
Schedule 10 Amendments of Acts starting with M or N
338
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
251 Subsection 62(1) (note)
1
Repeal the note, substitute:
2
Note:
See section 80 of the Public Governance, Performance and
3
Accountability Act 2013 (which deals with special accounts).
4
252 Subsection 68(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
253 Subsection 69(1) (note)
10
Repeal the note, substitute:
11
Note:
See section 80 of the Public Governance, Performance and
12
Accountability Act 2013 (which deals with special accounts).
13
254 Subsection 75(2)
14
Omit "Special Account for the purposes of the Financial Management
15
and Accountability Act 1997", substitute "special account for the
16
purposes of the Public Governance, Performance and Accountability
17
Act 2013".
18
255 Subsection 76(1) (note)
19
Repeal the note, substitute:
20
Note:
See section 80 of the Public Governance, Performance and
21
Accountability Act 2013 (which deals with special accounts).
22
256 Subsection 82(2)
23
Omit "Special Account for the purposes of the Financial Management
24
and Accountability Act 1997", substitute "special account for the
25
purposes of the Public Governance, Performance and Accountability
26
Act 2013".
27
257 Subsection 83(1) (note)
28
Repeal the note, substitute:
29
Note:
See section 80 of the Public Governance, Performance and
30
Accountability Act 2013 (which deals with special accounts).
31
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
339
258 Sections 109 to 111
1
Repeal the sections, substitute:
2
109 Appropriation Acts may specify debit limits
3
(1) If an Appropriation Act relating to a financial year declares that a
4
specified amount is the debit limit for the financial year for the
5
purposes of this section, the total of the following amounts debited
6
during the financial year must not exceed that limit:
7
(a) an amount debited from the Building Australia Fund Special
8
Account for a purpose mentioned in paragraph 18(1)(a), (b),
9
(d) or (e);
10
(b) an amount debited from the BAF Infrastructure Portfolio
11
Special Account (other than a debit under section 91);
12
(c) an amount debited from the BAF Communications Portfolio
13
Special Account for the purpose of making a payment in
14
relation to the creation or development of communications
15
infrastructure, other than:
16
(i) an amount debited for the purpose of making a payment
17
in relation to an eligible national broadband network
18
matter; or
19
(ii) an amount debited under section 96;
20
(d) an amount debited from the BAF Energy Portfolio Special
21
Account (other than a debit under section 101);
22
(e) an amount debited from the BAF Water Portfolio Special
23
Account (other than a debit under section 106);
24
(f) an amount debited from the COAG Reform Fund in
25
accordance with subsection 92(2), 97(2), 102(2) or 107(2).
26
(2) If, for a financial year, there is no Appropriation Act relating to the
27
financial year that specifies a debit limit for the financial year for
28
the purposes of this section, an amount referred to in subsection (1)
29
must not be debited from a Special Account or Fund.
30
(3) This section applies despite any provision of this Act or the Public
31
Governance, Performance and Accountability Act 2013.
32
259 Subsection 112(2)
33
Repeal the subsection, substitute:
34
Schedule 10 Amendments of Acts starting with M or N
340
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Macroeconomic circumstances
1
(2) In making the decision, the Finance Minister must have regard to
2
the principle that the total of the amounts referred to in
3
subsection 109(1) debited during the financial year should depend
4
primarily on the macroeconomic circumstances.
5
260 Subsection 121(3)
6
Omit "Section 39 of the Financial Management and Accountability Act
7
1997", substitute "Section 58 of the Public Governance, Performance
8
and Accountability Act 2013 (which deals with investment by the
9
Commonwealth)".
10
261 Subsection 132(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
262 Subsection 132(2) (note)
16
Omit "Special Account" (wherever occurring), substitute "special
17
account".
18
263 Subsection 136(1) (note)
19
Repeal the note, substitute:
20
Note:
See section 80 of the Public Governance, Performance and
21
Accountability Act 2013 (which deals with special accounts).
22
264 Section 137 (note 1)
23
Repeal the note, substitute:
24
Note 1:
See section 80 of the Public Governance, Performance and
25
Accountability Act 2013 (which deals with special accounts).
26
265 Section 138 (note)
27
Repeal the note, substitute:
28
Note:
See section 80 of the Public Governance, Performance and
29
Accountability Act 2013 (which deals with special accounts).
30
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
341
266 Subsection 153(6)
1
Omit "Section 39 of the Financial Management and Accountability Act
2
1997", substitute "Section 58 of the Public Governance, Performance
3
and Accountability Act 2013 (which deals with investment by the
4
Commonwealth)".
5
267 Section 165
6
Repeal the section.
7
268 Section 169
8
Omit:
9
•
The Finance Minister must comply with general drawing
10
rights limits.
11
substitute:
12
•
The Finance Minister must comply with any debit limits that
13
may be imposed by an Appropriation Act.
14
269 Subsection 181(2)
15
Omit "Special Account for the purposes of the Financial Management
16
and Accountability Act 1997", substitute "special account for the
17
purposes of the Public Governance, Performance and Accountability
18
Act 2013".
19
270 Subsection 182(1) (note)
20
Repeal the note, substitute:
21
Note:
See section 80 of the Public Governance, Performance and
22
Accountability Act 2013 (which deals with special accounts).
23
271 Subsection 188(2)
24
Omit "Special Account for the purposes of the Financial Management
25
and Accountability Act 1997", substitute "special account for the
26
purposes of the Public Governance, Performance and Accountability
27
Act 2013".
28
Schedule 10 Amendments of Acts starting with M or N
342
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
272 Subsection 189(1) (note)
1
Repeal the note, substitute:
2
Note:
See section 80 of the Public Governance, Performance and
3
Accountability Act 2013 (which deals with special accounts).
4
273 Sections 199 to 201
5
Repeal the sections, substitute:
6
199 Appropriation Acts may specify debit limits
7
(1) If an Appropriation Act relating to a financial year declares that a
8
specified amount is the debit limit for the financial year for the
9
purposes of this section, the total of the following amounts debited
10
during the financial year must not exceed that limit:
11
(a) an amount debited from the Education Investment Fund
12
Special Account for a purpose mentioned in
13
paragraph 136(1)(a), (b), (c), (d) or (e);
14
(b) an amount debited from the EIF Education Portfolio Special
15
Account (other than a debit under section 196);
16
(c) an amount debited from the EIF Research Portfolio Special
17
Account;
18
(d) an amount debited from the COAG Reform Fund in
19
accordance with subsection 197(2).
20
(2) If, for a financial year, there is no Appropriation Act relating to the
21
financial year that specifies a debit limit for the financial year for
22
the purposes of this section, an amount referred to in subsection (1)
23
must not be debited from a Special Account or Fund.
24
(3) This section applies despite any provision of this Act or the Public
25
Governance, Performance and Accountability Act 2013.
26
274 Subsection 202(2)
27
Repeal the subsection, substitute:
28
Macroeconomic circumstances
29
(2) In making the decision, the Finance Minister must have regard to
30
the principle that the total of the amounts referred to in
31
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
343
subsection 199(1) debited during the financial year should depend
1
primarily on the macroeconomic circumstances.
2
275 Subsection 206(3)
3
Omit "Section 39 of the Financial Management and Accountability Act
4
1997", substitute "Section 58 of the Public Governance, Performance
5
and Accountability Act 2013 (which deals with investment by the
6
Commonwealth)".
7
276 Subsection 215(2)
8
Omit "Special Account for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "special account for the
10
purposes of the Public Governance, Performance and Accountability
11
Act 2013".
12
277 Subsection 215(2) (note)
13
Omit "Special Account" (wherever occurring), substitute "special
14
account".
15
278 Subsection 218(1) (note)
16
Repeal the note, substitute:
17
Note:
See section 80 of the Public Governance, Performance and
18
Accountability Act 2013 (which deals with special accounts).
19
279 Section 219 (note)
20
Repeal the note, substitute:
21
Note:
See section 80 of the Public Governance, Performance and
22
Accountability Act 2013 (which deals with special accounts).
23
280 Subsection 228(6)
24
Omit "Section 39 of the Financial Management and Accountability Act
25
1997", substitute "Section 58 of the Public Governance, Performance
26
and Accountability Act 2013 (which deals with investment by the
27
Commonwealth)".
28
281 Section 240
29
Repeal the section.
30
Schedule 10 Amendments of Acts starting with M or N
344
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
282 Section 244
1
Omit:
2
•
The Finance Minister must comply with general drawing
3
rights limits.
4
substitute:
5
•
The Finance Minister must comply with any debit limits that
6
may be imposed by an Appropriation Act.
7
283 Subsection 255(2)
8
Omit "Special Account for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "special account for the
10
purposes of the Public Governance, Performance and Accountability
11
Act 2013".
12
284 Subsection 256(1) (note)
13
Repeal the note, substitute:
14
Note:
See section 80 of the Public Governance, Performance and
15
Accountability Act 2013 (which deals with special accounts).
16
285 Sections 267 to 269
17
Repeal the sections, substitute:
18
267 Appropriation Acts may specify debit limits
19
(1) If an Appropriation Act relating to a financial year declares that a
20
specified amount is the debit limit in relation to the financial year
21
for the purposes of this section, the total of the following amounts
22
debited during the financial year must not exceed that limit:
23
(a) an amount debited from the Health and Hospitals Fund
24
Special Account for the purpose mentioned in
25
paragraph 218(1)(a);
26
(b) an amount debited from the HHF Health Portfolio Special
27
Account (other than a debit under section 264);
28
(c) an amount debited from the COAG Reform Fund in
29
accordance with subsection 265(2).
30
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
345
(2) If, for a financial year, there is no Appropriation Act relating to the
1
financial year that specifies a debit limit for the financial year for
2
the purposes of this section, an amount referred to in subsection (1)
3
must not be debited from a Special Account or Fund.
4
(3) This section applies despite any provision of this Act or the Public
5
Governance, Performance and Accountability Act 2013.
6
286 Subsection 270(2)
7
Repeal the subsection, substitute:
8
Macroeconomic circumstances
9
(2) In making the decision, the Finance Minister must have regard to
10
the principle that the total of the amounts referred to in
11
subsection 267(1) debited during the financial year should depend
12
primarily on the macroeconomic circumstances.
13
287 Subsection 274(3)
14
Omit "Section 39 of the Financial Management and Accountability Act
15
1997", substitute "Section 58 of the Public Governance, Performance
16
and Accountability Act 2013 (which deals with investment by the
17
Commonwealth)".
18
288 Application
19
The following apply on and after 1 July 2015:
20
(a) the repeal of the definition of drawing right in section 4 of
21
the Nation-building Funds Act 2008 made by this Schedule;
22
(b) the amendments to the following sections of the
23
Nation-building Funds Act 2008 made by this Schedule:
24
(i) section 50;
25
(ii) sections 109 to 112;
26
(iii) section 169;
27
(iv) sections 199 to 202;
28
(v) section 244;
29
(vi) sections 267 to 270.
30
Schedule 10 Amendments of Acts starting with M or N
346
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Native Title Act 1993
1
289 Section 106
2
Before "The", insert "(1)".
3
290 At the end of section 106
4
Add:
5
(2) The Registrar must also give written notice to the President of all
6
material personal interests that the Registrar has that relate to the
7
affairs of the Tribunal.
8
(3) Section 29 of the Public Governance, Performance and
9
Accountability Act 2013 does not apply to the Registrar.
10
291 Paragraph 128(2)(a)
11
Omit "Financial Management and Accountability Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
292 Subsection 128(2) (note 1)
14
Repeal the note, substitute:
15
Note 1:
For the purposes of the Public Governance, Performance and
16
Accountability Act 2013, the Registrar of the Federal Court is the
17
accountable authority of the listed entity that includes the Native Title
18
Registrar, the Deputy Registrars and the staff assisting the Tribunal.
19
293 Section 129A (note)
20
Omit "section 53 of the Financial Management and Accountability Act
21
1997", substitute "section 110 of the Public Governance, Performance
22
and Accountability Act 2013".
23
294 Subsection 131A(1) (note)
24
Omit "Financial Management and Accountability Act 1997", substitute
25
"Public Governance, Performance and Accountability Act 2013".
26
295 Subsection 133(3) (note)
27
Repeal the note.
28
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
347
296 Section 201A
1
Insert:
2
officer, in relation to a representative body that is registered under
3
the Corporations (Aboriginal and Torres Strait Islander) Act 2006,
4
has the same meaning as in that Act.
5
297 Subsection 203CB(2)
6
Repeal the subsection, substitute:
7
Investment
8
(2) The representative body may invest money received by it under
9
this Division if:
10
(a) the money is not immediately required for the purposes of the
11
body; and
12
(b) the money is invested:
13
(i) on deposit with a bank, including a deposit evidenced
14
by a certificate of deposit; or
15
(ii) in securities of, or securities guaranteed by, the
16
Commonwealth, a State or a Territory; or
17
(iii) in any other manner approved by the Finance Minister
18
in writing.
19
298 Subsection 203CB(2A)
20
Omit "Financial Management and Accountability Act 1997)", substitute
21
"Public Governance, Performance and Accountability Act 2013) of a
22
non-corporate Commonwealth entity (within the meaning of that Act)".
23
299 Subsection 203CB(4)
24
Repeal the subsection (not including the heading), substitute:
25
(4) In this section:
26
bank has the same meaning as in the Public Governance,
27
Performance and Accountability Act 2013.
28
Finance Minister means the Minister who administers the Public
29
Governance, Performance and Accountability Act 2013.
30
Schedule 10 Amendments of Acts starting with M or N
348
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
300 Subsection 203EA(2)
1
Repeal the subsection.
2
301 Subsection 203EA(3)
3
Repeal the subsection, substitute:
4
(3) A director of the representative body who has a material personal
5
interest in a matter that is being considered by the body's
6
governing body:
7
(a) must not be present during any deliberation by the governing
8
body on the matter; and
9
(b) must not take part in any decision of the governing body on
10
the matter.
11
(4) However, a contravention of this provision does not affect the
12
validity of any resolution.
13
(5) Subsection (3) applies instead of any rules made for the purposes
14
of section 29 of the Public Governance, Performance and
15
Accountability Act 2013 which deal with the consequences of
16
having a material personal interest in a matter that is being
17
considered at a meeting of a governing body.
18
(6) To avoid doubt, this section does not otherwise affect the
19
obligations imposed by the Public Governance, Performance and
20
Accountability Act 2013 or any rules made for the purposes of that
21
Act on a representative body that is a Commonwealth entity
22
(within the meaning of that Act).
23
302 Subsection 203EB(2)
24
Repeal the subsection (including the note), substitute:
25
Power to indemnify officers
26
(2) Except as provided in this section, a representative body may
27
indemnify a person who is or has been an officer of the body from
28
any liability incurred by the person as an officer of the body.
29
Amendments of Acts starting with M or N Schedule 10
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
349
Exemptions not allowed
1
(3) A representative body, or a subsidiary of a representative body,
2
must not exempt a person (whether directly or through an
3
interposed entity) from a liability to the body incurred as an officer
4
of the body.
5
When indemnity for liability (other than for legal costs) not
6
allowed
7
(4) A representative body, or a subsidiary of a representative body,
8
must not indemnify a person (whether by agreement or by making
9
a payment and whether directly or through an interposed entity)
10
against any of the following liabilities incurred as an officer of the
11
body:
12
(a) a liability owed to the body or a subsidiary of the body;
13
(b) a liability for:
14
(i) a civil penalty order under section 386-10 of the
15
Corporations (Aboriginal and Torres Strait Islander)
16
Act 2006; or
17
(ii) a compensation order under section 386-15 of that Act;
18
made in relation to a breach of subsection 265-1(1), 265-5(1)
19
or (2), 265-10(1) or (2) or 265-15(1) or (2) of that Act;
20
(c) a liability that is owed to someone other than the body or a
21
subsidiary of the body and did not arise out of conduct in
22
good faith.
23
This subsection does not apply to a liability for legal costs.
24
When indemnity for legal costs not allowed
25
(5) A representative body, or a subsidiary of a representative body,
26
must not indemnify a person (whether by agreement or by making
27
a payment and whether directly or through an interposed entity)
28
against legal costs incurred in defending an action for a liability
29
incurred as an officer of the body if the costs are incurred:
30
(a) in defending or resisting a proceedings in which the person is
31
found to have a liability for which they could not be
32
indemnified under subsection (4) of this section; or
33
(b) in defending or resisting criminal proceedings in which the
34
person is found guilty; or
35
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and Transitional Provisions) Bill 2014
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(c) in defending or resisting proceedings brought by the
1
Registrar of Aboriginal and Torres Strait Islander
2
Corporations under section 386-20 or subsection 386-55(8)
3
of the Corporations (Aboriginal and Torres Strait Islander)
4
Act 2006 for a court order if the grounds for making the order
5
are found by the court to have been established; or
6
(d) in connection with proceedings for relief to the person under
7
section 386-60 of that Act against an application under
8
section 386-20 of that Act, or for relief to the person under
9
section 576-1 of that Act, in which the Court denies the
10
relief.
11
Paragraph (c) does not apply to costs incurred in responding to
12
actions taken by the Registrar of Aboriginal and Torres Strait
13
Islander Corporations as part of an investigation before
14
commencing proceedings for the court order.
15
(6) For the purposes of subsection (5), the outcome of proceedings is
16
the outcome of the proceedings and any appeal in relation to the
17
proceedings.
18
Insurance for certain liabilities of officers
19
(7) Except as provided in subsection (8), a representative body may
20
insure a person who is or has been an officer against liabilities
21
incurred by the person as an officer.
22
(8) A representative body, or a subsidiary of a representative body,
23
must not pay, or agree to pay, a premium for a contract insuring a
24
person who is, or has been, an officer of the body against a liability
25
(other than one for legal costs) arising out of:
26
(a) conduct involving a wilful breach of duty in relation to the
27
body; or
28
(b) a contravention of sections 265-10 and 265-15 respectively
29
of the Corporations (Aboriginal and Torres Strait Islander)
30
Act 2006.
31
This section applies to a premium whether it is paid directly or
32
through an interposed entity.
33
Penalty: 5 penalty units.
34
(9) An offence based on subsection (8) is an offence of strict liability.
35
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and Transitional Provisions) Bill 2014
351
Note:
For strict liability, see section 6.1 of the Criminal Code.
1
Certain indemnities, exemptions, payments and agreements not
2
authorised and certain documents void
3
(10) This section does not authorise anything that would otherwise be
4
unlawful.
5
(11) Anything that purports to indemnify or insure a person against a
6
liability or exempt them from a liability is void to the extent that it
7
contravenes this section.
8
303 Section 203EC
9
Repeal the section.
10
Natural Heritage Trust of Australia Act 1997
11
304 Section 5
12
Omit "Special Account for the purposes of the Financial Management
13
and Accountability Act 1997", substitute "special account for the
14
purposes of the Public Governance, Performance and Accountability
15
Act 2013".
16
305 Subsection 6(1) (note)
17
Omit "Financial Management and Accountability Act 1997", substitute
18
"Public Governance, Performance and Accountability Act 2013".
19
306 Subsection 6(7)
20
Repeal the subsection.
21
307 Section 54 (definition of Finance Minister)
22
Omit "Financial Management and Accountability Act 1997", substitute
23
"Public Governance, Performance and Accountability Act 2013".
24
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and Transitional Provisions) Bill 2014
No. , 2014
Natural Resources Management (Financial Assistance) Act
1
1992
2
308 Subsection 11(2)
3
Omit "Special Account for the purposes of the Financial Management
4
and Accountability Act 1997", substitute "special account for the
5
purposes of the Public Governance, Performance and Accountability
6
Act 2013".
7
309 Subsection 11(4) (note)
8
Omit "Special Account if any of the purposes of the Account",
9
substitute "special account if any of the purposes of the special
10
account".
11
310 Subsection 12(1)
12
Omit "Financial Management and Accountability Act 1997 (other than
13
section 39 of that Act)", substitute "Public Governance, Performance
14
and Accountability Act 2013 (other than section 58 of that Act which
15
deals with investment by the Commonwealth)".
16
Navigation Act 2012
17
311 Subsection 14(1) (subparagraph (a)(i) of the definition of
18
agency)
19
Repeal the subparagraph, substitute:
20
(i) a non-corporate Commonwealth entity (within the
21
meaning of the Public Governance, Performance and
22
Accountability Act 2013);
23
Norfolk Island Act 1979
24
312 Subsection 4(1) (definition of Commonwealth Finance
25
Minister)
26
Omit "Financial Management and Accountability Act 1997", substitute
27
"Public Governance, Performance and Accountability Act 2013".
28
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and Transitional Provisions) Bill 2014
353
313 Subsection 50D(1)
1
Omit "Financial Management and Accountability Act 1997)", substitute
2
"Public Governance, Performance and Accountability Act 2013) of a
3
non-corporate Commonwealth entity (within the meaning of that Act)".
4
Northern Territory (Lessees' Loans Guarantee) Act 1954
5
314 Subsection 4(4)
6
Omit "Financial Management and Accountability Act 1997)", substitute
7
"Public Governance, Performance and Accountability Act 2013) of a
8
non-corporate Commonwealth entity (within the meaning of that Act)".
9
315 Subsection 4(5) (definition of Finance Minister)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
Northern Territory (Self-Government) Act 1978
13
316 Subsection 4(1) (definition of Finance Minister)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
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and Transitional Provisions) Bill 2014
No. , 2014
Schedule 11
--Amendments of Acts starting
1
with O to R
2
3
Office of National Assessments Act 1977
4
1 Section 19
5
Repeal the section, substitute:
6
19 Reports
7
The Director-General may, at any time when he or she considers it
8
necessary or desirable, give the Minister a report on the operations
9
of the Office.
10
Note:
The Director-General must also give the Minister an annual report
11
under section 46 of the Public Governance, Performance and
12
Accountability Act 2013.
13
Offshore Petroleum and Greenhouse Gas Storage Act 2006
14
2 Paragraph 75(5)(b)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
3 After subsection 650(6)
18
Insert:
19
(6A) The annual report prepared by the CEO and given to the Minister
20
under section 46 of the Public Governance, Performance and
21
Accountability Act 2013 for a period is not required to include
22
information about:
23
(a) a service provided under a contract mentioned in
24
subsection (1) or (3) of this section; or
25
(b) a function or power conferred on NOPSEMA mentioned in
26
subsection (2).
27
4 Section 671
28
Repeal the section.
29
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and Transitional Provisions) Bill 2014
355
5 Paragraph 672(2)(d)
1
Repeal the paragraph, substitute:
2
(d) the CEO fails, without reasonable excuse, to comply with
3
section 29 of the Public Governance, Performance and
4
Accountability Act 2013 (which deals with the duty to
5
disclose interests) or rules made for the purposes of that
6
section; or
7
6 Subsection 672(3)
8
Omit "notification under section 671 or otherwise, that the CEO has an
9
interest", substitute "disclosure under section 29 of the Public
10
Governance, Performance and Accountability Act 2013 (which deals
11
with the duty to disclose interests) or otherwise, that the CEO has a
12
material personal interest".
13
7 Section 678
14
Repeal the section, substitute:
15
678 Corporate plan
16
(1) The corporate plan prepared by the CEO under section 35 of the
17
Public Governance, Performance and Accountability Act 2013
18
must include details of the following matters:
19
(a) an analysis of risk factors likely to affect the safety of
20
offshore petroleum operations or offshore greenhouse gas
21
storage operations;
22
(b) an analysis of risk factors likely to affect the structural
23
integrity of facilities, wells or well-related equipment that are
24
in NOPSEMA waters;
25
(c) an analysis of risk factors likely to affect offshore petroleum
26
environmental management or offshore greenhouse gas
27
storage environmental management;
28
(d) human resource strategies and industrial relations strategies.
29
(2) The corporate plan must also cover any other matters required by
30
the responsible Commonwealth Minister, which may include
31
further details about the matters mentioned in subsection (1).
32
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and Transitional Provisions) Bill 2014
No. , 2014
(3) Subsection 35(3) of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with the Australian
2
Government's key priorities and objectives) does not apply to a
3
corporate plan prepared by the CEO.
4
8 Subsection 679(1)
5
Omit "a corporate plan", substitute "the corporate plan".
6
9 Subsection 690(1)
7
Repeal the subsection (not including the heading), substitute:
8
(1) The annual report prepared by the CEO and given to the Minister
9
under section 46 of the Public Governance, Performance and
10
Accountability Act 2013 must also be given by the CEO to:
11
(a) each State Petroleum Minister; and
12
(b) the Northern Territory Petroleum Minister; and
13
(c) the Ministers responsible for mineral and energy resources
14
matters.
15
10 Subsection 690(2)
16
Omit "under", substitute "mentioned in".
17
11 Subsection 690(4)
18
Omit "each report under this section", substitute "the report mentioned
19
in subsection (3)".
20
12 Subsection 695H(2)
21
Omit "Special Account for the purposes of the Financial Management
22
and Accountability Act 1997", substitute "special account for the
23
purposes of the Public Governance, Performance and Accountability
24
Act 2013".
25
13 Section 695J (note)
26
Omit "Special Account" (wherever occurring), substitute "special
27
account".
28
14 Subsection 695K(1) (note)
29
Repeal the note, substitute:
30
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and Transitional Provisions) Bill 2014
357
Note:
See section 80 of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with special accounts).
2
15 Subsection 695K(2) (note 1)
3
Omit "Special Account" (wherever occurring), substitute "special
4
account".
5
Ombudsman Act 1976
6
16 Section 19
7
Repeal the section, substitute:
8
19 Reports to Parliament
9
Reporting generally
10
(1) The Ombudsman may, from time to time, give the Minister, for
11
presentation to the Parliament, a report:
12
(a) on the operations of the Ombudsman during a part of a year;
13
or
14
(b) in relation to any matter relating to, or arising in connection
15
with, the exercise of the powers, or the performance of the
16
functions, of the Ombudsman.
17
Note:
The Ombudsman must also give the Minister an annual report under
18
section 46 of the Public Governance, Performance and Accountability
19
Act 2013.
20
(2) The Minister must cause the report to be laid before each House of
21
the Parliament within 15 sitting days of that House after the
22
Minister receives the report.
23
(3) Subsection (1) does not affect the powers and duties of the
24
Ombudsman under section 15, 16 or 17.
25
Reporting on investigations
26
(4) Subsection (5) applies if the Ombudsman refers to an investigation
27
made by him or her under this Act in a report given to the Minister
28
under:
29
(a) subsection (1); or
30
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and Transitional Provisions) Bill 2014
No. , 2014
(b) section 46 of the Public Governance, Performance and
1
Accountability Act 2013.
2
(5) The report must not, in referring to the investigation, set out
3
opinions that are (either expressly or impliedly) critical of a
4
Department, prescribed authority or person unless the Ombudsman
5
has complied with subsection 8(5) in relation to the investigation.
6
17 Subsections 19F(3) to (5)
7
Repeal the subsections.
8
18 At the end of Part IIA
9
Add:
10
19FA Reports of the Defence Force Ombudsman
11
Annual reports
12
(1) As soon as practicable after the end of each financial year, the
13
Defence Force Ombudsman must give an annual report to the
14
Minister, for presentation to the Parliament, on the operations of
15
the Defence Force Ombudsman during the financial year.
16
Additional reports
17
(2) The Defence Force Ombudsman may, from time to time, give the
18
Minister, for presentation to the Parliament, a report:
19
(a) on the operations of the Defence Force Ombudsman during a
20
part of a year; or
21
(b) in relation to any matter relating to, or arising in connection
22
with, the exercise of the powers, or the performance of the
23
functions, of the Defence Force Ombudsman.
24
(3) Subsections (1) and (2) do not affect the powers and duties of the
25
Defence Force Ombudsman under section 15, 16 or 17 (as the
26
section applies because of subsection 19F(1)).
27
Tabling and inclusion in other reports
28
(4) If the Defence Force Ombudsman gives a report to the Minister
29
under subsection (1) or (2), the Minister must cause the report to be
30
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359
laid before each House of the Parliament within 15 sitting days of
1
that House after the Minister receives the report.
2
(5) A report relating to the operations of the Defence Force
3
Ombudsman during a period may be included in a report under:
4
(a) section 19; or
5
(b) section 46 of the Public Governance, Performance and
6
Accountability Act 2013;
7
relating to the operations of the Ombudsman during that period.
8
Reporting on investigations
9
(6) If the Defence Force Ombudsman refers to an investigation made
10
by him or her under this Act in a report given under this section,
11
the report must not, in referring to the investigation, set out
12
opinions that are (either expressly or impliedly) critical of:
13
(a) a Department; or
14
(b) a prescribed authority; or
15
(c) a person;
16
unless the Defence Force Ombudsman has complied with
17
subsection 8(5) in relation to the investigation.
18
19 Subparagraph 19R(3)(b)(xiii)
19
Omit "subsection 19(8)", substitute "section 19".
20
20 Section 19X
21
Repeal the section, substitute:
22
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
19X Reports of the Postal Industry Ombudsman
1
Annual reports
2
(1) As soon as practicable after the end of each financial year, the
3
Postal Industry Ombudsman must give an annual report to the
4
Minister, for presentation to the Parliament, on the operations of
5
the Postal Industry Ombudsman during the financial year.
6
Additional reports
7
(2) The Postal Industry Ombudsman may, from time to time, give the
8
Minister, for presentation to the Parliament, a report:
9
(a) on the operations of the Postal Industry Ombudsman during a
10
part of a year; or
11
(b) in relation to any matter relating to, or arising in connection
12
with, the exercise of the powers, or the performance of the
13
functions, of the Postal Industry Ombudsman.
14
(3) Subsections (1) and (2) do not affect the powers and duties of the
15
Postal Industry Ombudsman under section 19V or 19W.
16
Tabling and inclusion in other reports
17
(4) If the Postal Industry Ombudsman gives a report to the Minister
18
under subsection (1) or (2), the Minister must cause the report to be
19
laid before each House of the Parliament within 15 sitting days of
20
that House after the Minister receives the report.
21
(5) A report relating to the operations of the Postal Industry
22
Ombudsman during a period may be included in a report under:
23
(a) section 19; or
24
(b) section 46 of the Public Governance, Performance and
25
Accountability Act 2013;
26
relating to the operations of the Ombudsman during that period.
27
Content of report
28
(6) A report relating to the operations of the Postal Industry
29
Ombudsman during a period must:
30
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
361
(a) set out the number of complaints received by the Postal
1
Industry Ombudsman under this Part during that period; and
2
(b) if the Postal Industry Ombudsman has investigated action
3
under paragraph 19M(2)(a)--set out:
4
(i) the number of such investigations started during that
5
period; and
6
(ii) the number of such investigations completed during that
7
period; and
8
(c) if the Postal Industry Ombudsman has investigated action
9
under paragraph 19M(2)(b)--set out:
10
(i) the number of such investigations started during that
11
period; and
12
(ii) the number of such investigations completed during that
13
period; and
14
(d) include details of the circumstances and number of occasions
15
where the Postal Industry Ombudsman has made a
16
requirement of a person under section 9 (as that section
17
applies because of sections 19R and 19S) during that period;
18
and
19
(e) include details of the circumstances and number of occasions
20
where the holder of the office of Postal Industry Ombudsman
21
has decided under subsection 19N(3) to deal with, or to
22
continue to deal with, a complaint or part of a complaint in
23
his or her capacity as the holder of the office of
24
Commonwealth Ombudsman during that period; and
25
(f) include details of recommendations made during that period
26
in reports under section 19V; and
27
(g) include statistical information about actions taken during that
28
period as a result of such recommendations.
29
21 Paragraph 19ZM(3)(j)
30
Repeal the paragraph.
31
22 Subsection 19ZM(4) (table item 5)
32
Repeal the item.
33
23 Section 19ZS
34
Repeal the section, substitute:
35
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
19ZS Reports of the Overseas Students Ombudsman
1
Annual reports
2
(1) As soon as practicable after the end of each financial year, the
3
Overseas Students Ombudsman must give an annual report to the
4
Minister, for presentation to the Parliament, on the operations of
5
the Overseas Students Ombudsman during the financial year.
6
Additional reports
7
(2) The Overseas Students Ombudsman may, from time to time, give
8
the Minister, for presentation to the Parliament, a report:
9
(a) on the operations of the Overseas Students Ombudsman
10
during a part of a year; or
11
(b) in relation to any matter relating to, or arising in connection
12
with, the exercise of the powers, or the performance of the
13
functions, of the Overseas Students Ombudsman.
14
(3) Subsections (1) and (2) do not affect the powers and duties of the
15
Overseas Students Ombudsman under section 19ZQ or 19ZR.
16
Tabling and inclusion in other reports
17
(4) If the Overseas Students Ombudsman gives a report to the Minister
18
under subsection (1) or (2), the Minister must cause the report to be
19
laid before each House of the Parliament within 15 sitting days of
20
that House after the Minister receives the report.
21
(5) A report relating to the operations of the Overseas Students
22
Ombudsman during a period may be included in a report under:
23
(a) section 19; or
24
(b) section 46 of the Public Governance, Performance and
25
Accountability Act 2013;
26
relating to the operations of the Ombudsman during that period.
27
Content of report
28
(6) A report relating to the operations of the Overseas Students
29
Ombudsman during a period must:
30
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and Transitional Provisions) Bill 2014
363
(a) set out the number of complaints received by the Overseas
1
Students Ombudsman under this Part during that period; and
2
(b) if the Overseas Students Ombudsman has investigated action
3
under paragraph 19ZJ(2)(a)--set out:
4
(i) the number of such investigations started during that
5
period; and
6
(ii) the number of such investigations completed during that
7
period; and
8
(c) if the Overseas Students Ombudsman has investigated action
9
under paragraph 19ZJ(2)(b)--set out:
10
(i) the number of such investigations started during that
11
period; and
12
(ii) the number of such investigations completed during that
13
period; and
14
(d) set out:
15
(i) the number of times when the Overseas Students
16
Ombudsman has made a requirement of a person under
17
section 9 (as that section applies because of
18
sections 19ZM and 19ZN) during that period; and
19
(ii) the circumstances in which each of those requirements
20
was made.
21
(7) A report relating to the operations of the Overseas Students
22
Ombudsman during a period may include:
23
(a) details of the circumstances and number of occasions during
24
that period where the holder of the office of Overseas
25
Students Ombudsman decided, under section 19ZK, to
26
transfer a complaint to a statutory complaint handler or
27
statutory office-holder; and
28
(b) details of recommendations made during that period in
29
reports under section 19ZQ; and
30
(c) statistical information about actions taken during that period
31
as a result of such recommendations; and
32
(d) details of action that the Overseas Students Ombudsman took
33
during the period to promote best practice in dealing with
34
complaints; and
35
(e) details of the Overseas Students Ombudsman's observations
36
during the period regarding:
37
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and Transitional Provisions) Bill 2014
No. , 2014
(i) any trends in complaints; or
1
(ii) any broader issues that arise from investigations.
2
24 Subsection 34(2)
3
Omit "subsection 19F(3)", substitute "section 19FA".
4
25 Subsection 35B(2) (paragraph (a) of the definition of listed
5
disclosure method)
6
Repeal the paragraph, substitute:
7
(a) including the information or the contents of the document or
8
record in any report under:
9
(i) Division 2 of Part II; or
10
(ii) section 46 of the Public Governance, Performance and
11
Accountability Act 2013; or
12
Paid Parental Leave Act 2010
13
26 Section 6 (definition of Commonwealth agency)
14
Repeal the definition, substitute:
15
Commonwealth agency means any of the following:
16
(a) a non-corporate Commonwealth entity within the meaning of
17
the Public Governance, Performance and Accountability Act
18
2013;
19
(b) any other unincorporated body established for a public
20
purpose by or under a law of the Commonwealth.
21
27 Section 78
22
Repeal the section.
23
Papua New Guinea (Staffing Assistance) Act 1973
24
28 Subsection 62B(3) (note)
25
Repeal the note.
26
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and Transitional Provisions) Bill 2014
365
29 Subsection 62C(10)
1
Omit "Financial Management and Accountability Act 1997) who is in
2
ComSuper or is part of ComSuper", substitute "Public Governance,
3
Performance and Accountability Act 2013) of ComSuper".
4
Parliamentary Contributory Superannuation Act 1948
5
30 Subsection 4(1) (definition of Finance Minister)
6
Omit "Financial Management and Accountability Act 1997", substitute
7
"Public Governance, Performance and Accountability Act 2013".
8
31 Subsections 24AA(2) and (3) (note)
9
Repeal the note.
10
32 Subsection 24AB(3) (note)
11
Repeal the note.
12
33 Subsection 24AC(10)
13
Omit "Financial Management and Accountability Act 1997) who is in
14
the Department or is part of the Department", substitute "Public
15
Governance, Performance and Accountability Act 2013) of the
16
Department".
17
Parliamentary Counsel Act 1970
18
34 Section 16A
19
Repeal the section.
20
35 Subsection 16C(2)
21
Omit "Financial Management and Accountability Act 1997", substitute
22
"Public Governance, Performance and Accountability Act 2013".
23
Parliamentary Service Act 1999
24
36 Section 7 (definition of Commonwealth body)
25
Repeal the definition, substitute:
26
Schedule 11 Amendments of Acts starting with O to R
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Commonwealth body means:
1
(a) a Commonwealth entity, or a Commonwealth company,
2
within the meaning of the Public Governance, Performance
3
and Accountability Act 2013; or
4
(b) the High Court of Australia.
5
37 At the end of section 9
6
Add:
7
(3) To the extent that section 21 of the Public Governance,
8
Performance and Accountability Act 2013 (which deals with the
9
application of government policy to non-corporate Commonwealth
10
entities) applies to a Department, that section is subject to
11
subsection (2) of this section.
12
38 Subsection 13(7)
13
Repeal the subsection, substitute:
14
(7) A Parliamentary Service employee must:
15
(a) take reasonable steps to avoid any conflict of interest (real or
16
apparent) in connection with the employee's Parliamentary
17
Service employment; and
18
(b) disclose details of any material personal interest of the
19
employee in connection with the employee's Parliamentary
20
Service employment.
21
39 Subsection 13(8)
22
After "manner", insert "and for a proper purpose".
23
40 Subsection 13(10)
24
Repeal the subsection, substitute:
25
(10) A Parliamentary Service employee must not improperly use inside
26
information or the employee's duties, status, power or authority:
27
(a) to gain, or seek to gain, a benefit or an advantage for the
28
employee or any other person; or
29
(b) to cause, or seek to cause, detriment to the Department in
30
which the employee is employed, the Commonwealth or any
31
other person.
32
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
367
41 Parliamentary Service Code of Conduct
1
(1)
The amendment made by item 38 of this Schedule applies to:
2
(a) conflicts of interest arising before or after the commencement
3
time; and
4
(b) material personal interests arising before or after that time.
5
(2)
The amendment made by item 39 of this Schedule applies to uses of
6
resources by Parliamentary Service employees after the commencement
7
time.
8
(3)
The amendment made by item 40 of this Schedule applies to:
9
(a) uses by Parliamentary Service employees occurring after the
10
commencement time of information obtained by the
11
employees before or after that time; and
12
(b) uses by Parliamentary Service employees of their duties,
13
status, power or authority after the commencement time.
14
42 Subsection 57(3) (note)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
43 At the end of Division 1 of Part 7
18
Add:
19
64AA Money payable to Department
20
There is payable to a Department such money as is appropriated by
21
the Parliament for the purposes of the Department.
22
Postal and Telecommunications Commissions (Transitional
23
Provisions) Act 1975
24
44 Subsection 29(7) (definition of Finance Minister)
25
Omit "Financial Management and Accountability Act 1997", substitute
26
"Public Governance, Performance and Accountability Act 2013".
27
Schedule 11 Amendments of Acts starting with O to R
368
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Primary Industries Levies and Charges Collection Act 1991
1
45 Section 13
2
Repeal the section, substitute:
3
13 Collected amounts
4
Despite subsection 105(2) of the Public Governance, Performance
5
and Accountability Act 2013, amounts of levy, charge or related
6
amounts collected under section 10 or 11 of this Act are not other
7
CRF money for the purposes of the Public Governance,
8
Performance and Accountability Act 2013.
9
Primary Industries Research and Development Act 1989
10
46 Subsection 4(1) (definition of Finance Minister)
11
Omit "Financial Management and Accountability Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
47 Subsection 10(1) (note)
14
Repeal the note, substitute:
15
Note:
The Public Governance, Performance and Accountability Act 2013
16
applies to an R&D Corporation. That Act deals with matters relating
17
to corporate Commonwealth entities, including reporting and the use
18
and management of public resources.
19
48 At the end of Division 3 of Part 2
20
Add:
21
27A Application of the Public Governance, Performance and
22
Accountability Act 2013
23
Section 35 of the Public Governance, Performance and
24
Accountability Act 2013 (which deals with corporate plans) does
25
not apply to an R&D Corporation.
26
49 Subsection 28(1)
27
Omit "(1)".
28
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
369
50 Subsection 28(1)
1
Omit "The directors must include in each report on an R&D
2
Corporation prepared under section 9 of the Commonwealth Authorities
3
and Companies Act 1997", substitute "The annual report prepared by
4
the directors of an R&D Corporation and given to the Minister under
5
section 46 of the Public Governance, Performance and Accountability
6
Act 2013 for a period must include".
7
51 After subsection 30(4)
8
Insert:
9
(4A) The Finance Minister may give directions as to the amounts in
10
which, and the times at which, money referred to in subsection (4)
11
are to be paid to the R&D Corporation.
12
52 Subsection 46A(1)
13
Omit "Financial Management and Accountability Act 1997)", substitute
14
"Public Governance, Performance and Accountability Act 2013) of a
15
non-corporate Commonwealth entity (within the meaning of that Act)".
16
53 Subparagraph 73(1)(b)(iv)
17
Omit "; or", substitute ".".
18
54 Paragraph 73(1)(c)
19
Repeal the paragraph.
20
55 At the end of subsection 73(1)
21
Add:
22
Note:
The appointment of a Chairperson or a nominated director may also be
23
terminated under section 30 of the Public Governance, Performance
24
and Accountability Act 2013 (which deals with terminating the
25
appointment of an accountable authority, or a member of an
26
accountable authority, for contravening general duties of officials).
27
56 Before subsection 138(1)
28
Insert:
29
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370
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Applied provisions
1
57 Paragraph 138(1)(f)
2
Omit "; and", substitute ".".
3
58 Paragraph 138(1)(g)
4
Repeal the paragraph.
5
59 Before subsection 138(2)
6
Insert:
7
Disclosure of interests
8
60 At the end of section 138
9
Add:
10
(6) The Minister may terminate the appointment of a member
11
(including the Presiding Member) of a Selection Committee if the
12
member, without reasonable excuse, contravenes subsection (2),
13
(4) or (5).
14
Private Health Insurance Act 2007
15
61 Paragraph 253-35(2)(e)
16
Repeal the paragraph, substitute:
17
(e) fails, without reasonable excuse, to comply with section 29 of
18
the Public Governance, Performance and Accountability Act
19
2013 (which deals with the duty to disclose interests) or rules
20
made for the purposes of that section.
21
62 Section 253-40
22
Repeal the section.
23
63 Section 253-50
24
Repeal the section, substitute:
25
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
371
253-50 Annual report
1
The annual report prepared by the Private Health Insurance
2
Ombudsman and given to the Minister under section 46 of the
3
Public Governance, Performance and Accountability Act 2013 for
4
a period must include the following:
5
(a) the number and nature of complaints received under
6
section 241-1;
7
(b) the outcomes of any actions taken, recommendations made or
8
investigations conducted in relation to such complaints;
9
(c) the outcomes in relation to complaints referred to another
10
body under section 241-30;
11
(d) the number and nature of investigations (if any) conducted by
12
the Private Health Insurance Ombudsman under
13
section 244-1;
14
(e) the number and nature of requests (if any) by the Minister
15
under section 244-5 that the Private Health Insurance
16
Ombudsman conduct an investigation;
17
(f) the outcomes of investigations conducted under
18
sections 244-1 and 244-5.
19
64 Subsection 264-1(2) (note)
20
Repeal the note, substitute:
21
Note:
Subject to section 267-20, the Public Governance, Performance and
22
Accountability Act 2013 applies to the Council. That Act deals with
23
matters relating to corporate Commonwealth entities, including
24
reporting and the use and management of public resources.
25
65 Subsection 264-15(2) (note)
26
Repeal the note.
27
66 Section 267-15
28
Omit "Commonwealth Authorities and Companies Act 1997", substitute
29
"Public Governance, Performance and Accountability Act 2013".
30
67 Section 267-20
31
Repeal the section, substitute:
32
Schedule 11 Amendments of Acts starting with O to R
372
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
267-20 Application of the Public Governance, Performance and
1
Accountability Act 2013
2
Section 36 of the Public Governance, Performance and
3
Accountability Act 2013 (which deals with budget estimates) does
4
not apply in relation to the Council.
5
68 Paragraph 270-40(2)(d)
6
Omit "; or", substitute ".".
7
69 Paragraph 270-40(2)(e)
8
Repeal the paragraph.
9
70 At the end of subsection 270-40(2)
10
Add:
11
Note:
The appointment of a member may also be terminated under
12
section 30 of the Public Governance, Performance and Accountability
13
Act 2013 (which deals with terminating the appointment of an
14
accountable authority, or a member of an accountable authority, for
15
contravening general duties of officials).
16
71 Section 270-45
17
Repeal the section.
18
72 Subsection 273-10(2)
19
Repeal the subsection, substitute:
20
(2) A disclosure by the
*
Chief Executive Officer under
section 29 of
21
the Public Governance, Performance and Accountability Act 2013
22
(which deals with the duty to disclose interests) must be made to
23
the
*
Commissioner.
24
(3) Subsection (2) applies in addition to any rules made for the
25
purposes of that section.
26
(4)
For the purposes of this Act and the Public Governance,
27
Performance and Accountability Act 2013, t
he
*
Chief Executive
28
Officer is taken not to have complied with section 29 of that Act if
29
the Chief Executive Officer does not comply with subsection (2) of
30
this section.
31
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
373
Proceeds of Crime Act 1987
1
73 Subsection 34A(2)
2
Omit "Special Account for the purposes of the Financial Management
3
and Accountability Act 1997", substitute "special account for the
4
purposes of the Public Governance, Performance and Accountability
5
Act 2013".
6
Proceeds of Crime Act 2002
7
74 Subsection 295(2)
8
Omit "Special Account for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "special account for the
10
purposes of the Public Governance, Performance and Accountability
11
Act 2013".
12
Productivity Commission Act 1998
13
75 Section 10
14
Repeal the section, substitute:
15
10 Annual report
16
(1) The annual report prepared by the Chair and given to the Minister
17
under section 46 of the Public Governance, Performance and
18
Accountability Act 2013 for a period must:
19
(a) report on matters relating to industry, industry development
20
and productivity that have been referred to it during the
21
period; and
22
(b) report on the number of complaints, received by the
23
Commission during the period, about the competitive
24
neutrality of government businesses and business activities,
25
and the outcomes of the Commission's investigations into
26
those complaints; and
27
(c) as far as practicable, report on assistance and regulations
28
affecting industry and the effect of such assistance and
29
regulations on industry and on the economy as a whole.
30
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374
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) The report may also report on industry and productivity
1
performance generally.
2
(3) In this section:
3
assistance includes any act that, directly or indirectly:
4
(a) assists a person to carry on a business or activity; or
5
(b) confers a pecuniary benefit on, or results in a pecuniary
6
benefit accruing to, a person in respect of carrying on a
7
business or activity.
8
76 After paragraph 35(2)(d)
9
Insert:
10
(da) if the Commissioner 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
77 After paragraph 35(4)(d)
16
Insert:
17
(da) if the Associate Commissioner fails, without reasonable
18
excuse, to comply with section 29 of the Public Governance,
19
Performance and Accountability Act 2013 (which deals with
20
the duty to disclose interests) or rules made for the purposes
21
of that section; or
22
78 Subsections 43(2), (3) and (4)
23
Repeal the subsections, substitute:
24
(2) Subsection (1) applies in addition to section 29 of the Public
25
Governance, Performance and Accountability Act 2013 (which
26
deals with the duty to disclose interests).
27
(3) If:
28
(a) the Chair has or acquires an interest of the kind mentioned in
29
section 29 of the Public Governance, Performance and
30
Accountability Act 2013; and
31
(b) the interest relates to affairs of the Commission the
32
conducting of which results in a report or similar document;
33
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
375
the Chair must ensure that the interest is disclosed in the report or
1
document.
2
(4) If the Chair becomes aware that a member has an interest of the
3
kind mentioned in section 29 of the Public Governance,
4
Performance and Accountability Act 2013, the Chair must do one
5
of the following:
6
(a) if the Chair considers that the member should not perform or
7
continue to perform a function to which the interest relates,
8
the Chair must give a direction to the member accordingly;
9
(b) if paragraph (a) does not apply, the Chair must ensure that:
10
(i) the interest is disclosed in accordance with section 29 of
11
the Public Governance, Performance and
12
Accountability Act 2013; and
13
(ii) if the interest relates to affairs of the Commission the
14
conducting of which results in a report or similar
15
document--the interest is disclosed in the report or
16
document.
17
Protection of Movable Cultural Heritage Act 1986
18
79 Subsection 25(2)
19
Omit "Special Account for the purposes of the Financial Management
20
and Accountability Act 1997", substitute "special account for the
21
purposes of the Public Governance, Performance and Accountability
22
Act 2013".
23
80 Subsection 25A(2)
24
Omit "(2)".
25
81 Subsection 25A(2) (note)
26
Omit "Special Account if any of the purposes of the Account",
27
substitute "special account if any of the purposes of the special
28
account".
29
Schedule 11 Amendments of Acts starting with O to R
376
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Public Accounts and Audit Committee Act 1951
1
82 Section 4 (definition of Finance Minister)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
83 Paragraph 8(1)(a)
5
Omit "subsections 49(1) and 55(2) of the Financial Management and
6
Accountability Act 1997", substitute "paragraphs 42(1)(b) and 48(1)(b)
7
of the Public Governance, Performance and Accountability Act 2013".
8
Public Interest Disclosure Act 2013
9
84 Section 8 (definition of Commonwealth company)
10
Omit "Commonwealth Authorities and Companies Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
85 Subsection 29(1) (table item 7)
13
Repeal the item, substitute:
14
15
7
Conduct that results in the wastage of:
(a) relevant money (within the meaning of the Public Governance,
Performance and Accountability Act 2013); or
(b) relevant property (within the meaning of that Act); or
(c) money of a prescribed authority; or
(d) property of a prescribed authority.
86 Subsection 53(4)
16
Omit "the Commonwealth Fraud Control Guidelines in force under
17
regulations made for the purposes of section 64 of the Financial
18
Management and Accountability Act 1997", substitute "any rules
19
relating to fraud that are made for the purposes of the Public
20
Governance, Performance and Accountability Act 2013".
21
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
377
87 Conduct of investigations under Division 2 of Part 3 of the
1
Public Interest Disclosure Act 2013
2
(1)
The amendment to subsection 53(4) of the Public Interest Disclosure
3
Act 2013 by this Schedule applies in relation to investigations
4
commenced after the commencement time.
5
(2)
An instrument in force under section 64 of the FMA Act continues in
6
force for the purposes of investigations commenced before the
7
commencement time.
8
88 Paragraph 53(4)(a)
9
Omit "against the Commonwealth (within the meaning of those
10
Guidelines)".
11
89 Paragraph 53(4)(b)
12
Omit "Guidelines", substitute "rules".
13
90 Paragraph 72(1)(b)
14
Repeal the paragraph, substitute:
15
(b) a corporate Commonwealth entity (within the meaning of the
16
Public Governance, Performance and Accountability Act
17
2013); or
18
91 Subsection 76(5)
19
Repeal the subsection, substitute:
20
(5) A report under this section in relation to a period may be included
21
in an annual report prepared by the Ombudsman and given to the
22
Minister under section 46 of the Public Governance, Performance
23
and Accountability Act 2013 for the period.
24
Public Service Act 1999
25
92 Section 7 (definition of Statutory Agency)
26
Omit "an Act", substitute "a law of the Commonwealth".
27
93 Subsection 13(7)
28
Repeal the subsection, substitute:
29
Schedule 11 Amendments of Acts starting with O to R
378
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(7) An APS employee must:
1
(a) take reasonable steps to avoid any conflict of interest (real or
2
apparent) in connection with the employee's APS
3
employment; and
4
(b) disclose details of any material personal interest of the
5
employee in connection with the employee's APS
6
employment.
7
94 Subsection 13(8)
8
After "manner", insert "and for a proper purpose".
9
95 Subsection 13(10)
10
Repeal the subsection, substitute:
11
(10) An APS employee must not improperly use inside information or
12
the employee's duties, status, power or authority:
13
(a) to gain, or seek to gain, a benefit or an advantage for the
14
employee or any other person; or
15
(b) to cause, or seek to cause, detriment to the employee's
16
Agency, the Commonwealth or any other person.
17
96 APS Code of Conduct
18
(1)
The amendment made by item 93 of this Schedule applies to:
19
(a) conflicts of interest arising before or after the commencement
20
time; and
21
(b) material personal interests arising before or after that time.
22
(2)
The amendment made by item 94 of this Schedule applies to uses of
23
resources by APS employees after the commencement time.
24
(3)
The amendment made by item 95 of this Schedule applies to:
25
(a) uses by APS employees occurring after the commencement
26
time of information obtained by the employees before or after
27
that time; and
28
(b) uses by APS employees of their duties, status, power or
29
authority after the commencement time.
30
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
379
97 Subsection 57(3) (note)
1
Omit "Financial Management and Accountability Act 1997", substitute
2
"Public Governance, Performance and Accountability Act 2013".
3
Quarantine Act 1908
4
98 Subsection 86EA(5) (definition of Commonwealth)
5
Repeal the definition, substitute:
6
Commonwealth includes a Commonwealth entity (within the
7
meaning of the Public Governance, Performance and
8
Accountability Act 2013) that cannot be made liable to taxation by
9
a Commonwealth law.
10
99 Subsection 86EA(5) (definition of Finance Minister)
11
Omit "Financial Management and Accountability Act 1997", substitute
12
"Public Governance, Performance and Accountability Act 2013".
13
Quarantine Charges (Collection) Act 2014
14
100 Subsection 7(1) (definition of Finance Minister)
15
Omit "Financial Management and Accountability Act 1997", substitute
16
"Public Governance, Performance and Accountability Act 2013".
17
101 Subsection 11(1) (note)
18
Omit "section 6 of the Financial Management and Accountability Act
19
1997", substitute "section 76 of the Public Governance, Performance
20
and Accountability Act 2013".
21
Remuneration Tribunal Act 1973
22
102 Subsection 3(1) (paragraphs (b), (f) and (l) of the
23
definition of principal executive office)
24
Repeal the paragraphs.
25
Schedule 11 Amendments of Acts starting with O to R
380
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
103 Paragraph 16A(2)(b)
1
Omit "Chief Executive (as determined under the Financial Management
2
and Accountability Act 1997) of the relevant agency", substitute
3
"accountable authority of the relevant Commonwealth entity".
4
104 Subsection 16A(2) (note)
5
Repeal the note.
6
105 Paragraph 16A(3)(d)
7
Omit "Chief Executive (as determined under the Financial Management
8
and Accountability Act 1997) of the relevant agency", substitute
9
"accountable authority of the relevant Commonwealth entity".
10
106 Subsection 16A(3)
11
Omit "if the Chief Executive so directs", substitute "if the accountable
12
authority so directs".
13
107 Subsection 16A(3) (note)
14
Repeal the note.
15
108 Subsections 16A(6) and (7)
16
Repeal the subsections, substitute:
17
Definitions
18
(6) In this section:
19
accountable authority has the same meaning as in the Public
20
Governance, Performance and Accountability Act 2013.
21
benefit means:
22
(a) remuneration (including salary) or an allowance under
23
subsection 7(9); or
24
(b) a reimbursement under subsection 7(10).
25
non-corporate Commonwealth entity has the same meaning as in
26
the Public Governance, Performance and Accountability Act 2013.
27
relevant Commonwealth entity, in relation to a recovery under this
28
section of the whole or part of a relevant amount, means:
29
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
381
(a) the non-corporate Commonwealth entity that paid the
1
relevant amount under subsection (1) on behalf of the
2
Commonwealth; or
3
(b) if a different non-corporate Commonwealth entity is
4
prescribed in an instrument under subsection (8)--that
5
non-corporate Commonwealth entity.
6
109 Subsection 16A(8)
7
Omit "an Agency (as defined by section 5 of the Financial Management
8
and Accountability Act 1997) for the purposes of paragraph (7)(b)",
9
substitute "a non-corporate Commonwealth entity for the purposes of
10
paragraph (b) of the definition of relevant Commonwealth entity in
11
subsection (6)".
12
110 Paragraphs 16B(1)(d) and (3)(b)
13
Omit "Chief Executive (as determined under the Financial Management
14
and Accountability Act 1997) of the relevant agency", substitute
15
"accountable authority of the relevant Commonwealth entity".
16
111 Subsection 16B(3) (note)
17
Repeal the note.
18
112 Subsections 16B(6) and (7)
19
Repeal the subsections, substitute:
20
Definitions
21
(6) In this section:
22
accountable authority has the same meaning as in the Public
23
Governance, Performance and Accountability Act 2013.
24
benefit means:
25
(a) remuneration (including salary) or an allowance under
26
subsection 7(9); or
27
(b) a reimbursement under subsection 7(10).
28
non-corporate Commonwealth entity has the same meaning as in
29
the Public Governance, Performance and Accountability Act 2013.
30
Schedule 11 Amendments of Acts starting with O to R
382
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
relevant Commonwealth entity, in relation to a payment or
1
recovery under this section of the whole or part of a relevant
2
amount, means:
3
(a) the non-corporate Commonwealth entity that paid the
4
relevant amount under subsection (1) on behalf of the
5
Commonwealth; or
6
(b) if a different non-corporate Commonwealth entity is
7
prescribed in an instrument under subsection (8)--that
8
non-corporate Commonwealth entity.
9
113 Subsection 16B(8)
10
Omit "an Agency (as defined by section 5 of the Financial Management
11
and Accountability Act 1997) for the purposes of paragraph (7)(b)",
12
substitute "a non-corporate Commonwealth entity for the purposes of
13
paragraph (b) of the definition of relevant Commonwealth entity in
14
subsection (6)".
15
114 Subsection 16C(1)
16
Omit "Chief Executive (as determined under the Financial Management
17
and Accountability Act 1997) of the relevant agency must cause to be
18
published, in such manner as the Chief Executive", substitute
19
"accountable authority of the relevant Commonwealth entity must cause
20
to be published, in such manner as the accountable authority".
21
115 Subsections 16C(3) and (4)
22
Omit "(as determined under the Financial Management and
23
Accountability Act 1997) of the relevant agency", substitute "of the
24
relevant Commonwealth entity".
25
116 Paragraph 16C(5)(c)
26
Omit "(as determined under the Financial Management and
27
Accountability Act 1997) of the relevant agency", substitute "of the
28
relevant Commonwealth entity".
29
117 Subsection 16C(6)
30
Omit "Chief Executive of the relevant agency", substitute "accountable
31
authority of the relevant Commonwealth entity".
32
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
383
118 Paragraph 16C(6)(c)
1
Omit "Chief Executive", substitute "accountable authority".
2
119 Subsection 16C(7)
3
Omit "Chief Executive of the relevant agency", substitute "accountable
4
authority of the relevant Commonwealth entity".
5
120 Paragraph 16C(7)(c)
6
Omit "Chief Executive", substitute "accountable authority".
7
121 Subsections 16C(12) and (13)
8
Repeal the subsections, substitute:
9
Definitions relating to Commonwealth entities
10
(12) In this section:
11
accountable authority has the same meaning as in the Public
12
Governance, Performance and Accountability Act 2013.
13
non-corporate Commonwealth entity has the same meaning as in
14
the Public Governance, Performance and Accountability Act 2013.
15
official has the same meaning as in the Public Governance,
16
Performance and Accountability Act 2013.
17
relevant Commonwealth entity means:
18
(a) the non-corporate Commonwealth entity that is responsible
19
for making payments under subsection 16A(1) or 16B(1) on
20
behalf of the Commonwealth; or
21
(b) if a different non-corporate Commonwealth entity is
22
prescribed in an instrument under subsection (13)--that
23
non-corporate Commonwealth entity.
24
(13) The Minister may, by legislative instrument, prescribe a
25
non-corporate Commonwealth entity for the purposes of
26
paragraph (b) of the definition of relevant Commonwealth entity
27
in subsection (12).
28
Schedule 11 Amendments of Acts starting with O to R
384
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Research Involving Human Embryos Act 2002
1
122 Subsection 13(5)
2
Repeal the subsection, substitute:
3
(5) The following provisions do not have effect in relation to the
4
NHMRC Licensing Committee at any time when regulations under
5
subsection (4) are in force:
6
(a) section 42A of the National Health and Medical Research
7
Council Act 1992;
8
(b) section 29 of the Public Governance, Performance and
9
Accountability Act 2013 (which deals with the duty to
10
disclose interests) and any rules made for the purposes of that
11
section.
12
123 Subsection 18(1)
13
Repeal the subsection, substitute:
14
(1) The annual report prepared by the CEO of the NHMRC under
15
section 46 of the Public Governance, Performance and
16
Accountability Act 2013 must, in addition to the matters set out in
17
section 83 of the National Health and Medical Research Council
18
Act 1992, include details relating to the operations of the NHMRC
19
Licensing Committee.
20
Reserve Bank Act 1959
21
124 Subsection 7(1)
22
Omit "(1)" (first occurring).
23
125 Subsection 7(1) (note)
24
Repeal the note, substitute:
25
Note:
Subject to section 7A, the Public Governance, Performance and
26
Accountability Act 2013 applies to the Bank. That Act deals with
27
matters relating to corporate Commonwealth entities, including
28
reporting and the use and management of public resources.
29
126 Section 7A
30
Repeal the section, substitute:
31
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
385
7A Application of the Public Governance, Performance and
1
Accountability Act 2013
2
Accountable authority of Bank
3
(1) For the purposes of the Public Governance, Performance and
4
Accountability Act 2013, the Governor is the accountable authority
5
of the Bank.
6
Provisions etc. which do not apply
7
(2) The following sections of that Act do not apply in relation to the
8
Bank:
9
(a) section 36 (which deals with budget estimates);
10
(b) section 54 (which deals with banking by corporate
11
Commonwealth entities);
12
(c) section 55 (which deals with banking of relevant money by
13
Ministers and officials);
14
(d) section 59 (which deals with investment by corporate
15
Commonwealth entities).
16
(3) Subject to subsections (4) and (5) of this section, a member of the
17
Reserve Bank Board or the Payments System Board is taken, for
18
the purposes of that Act, not to be an official (within the meaning
19
of that Act) of the Bank.
20
(4) The following members of the Reserve Bank Board or the
21
Payments System Board are officials (within the meaning of that
22
Act) of the Bank:
23
(a) the Governor;
24
(b) the Deputy Governor;
25
(c) a member who is a staff member of the Reserve Bank
26
Service.
27
Provisions about general duties of officials
28
(5) Subdivision A of Division 3 of Part 2-2 of that Act (which deals
29
with general duties of officials) applies in relation to a member of
30
the Reserve Bank Board or the Payments System Board who is not
31
referred to in subsection (4) of this section as if the member were
32
an official (within the meaning of that Act) of the Bank.
33
Schedule 11 Amendments of Acts starting with O to R
386
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(6) Despite section 29 of that Act (which deals with the duty to
1
disclose interests), a member of the Reserve Bank Board is not
2
required to disclose a material personal interest referred to in that
3
section only because the member is making a decision in relation
4
to monetary and banking policy.
5
(7) Section 30 of that Act applies in relation to the following:
6
(a) a member of the Reserve Bank Board appointed under
7
paragraph 14(1)(d) of this Act;
8
(b) a member of the Payments System Board referred to in
9
paragraph 25A(d) of this Act;
10
as if the member were a member of the accountable authority of
11
the Bank.
12
Note:
This means that the appointment of the member may be terminated if
13
the member contravenes a duty in Subdivision A of Division 3 of
14
Part 2-2 of the Public Governance, Performance and Accountability
15
Act 2013 or rules made for the purposes of that Subdivision.
16
Annual financial statements of Bank
17
(8) The Governor may give annual financial statements for the Bank to
18
the Auditor-General under paragraph 42(1)(b) of the Public
19
Governance, Performance and Accountability Act 2013 only if the
20
Reserve Bank Board has passed a resolution approving the
21
financial statements.
22
Audit committee of Bank
23
(9) Despite any rules made for the purposes of section 45 of that Act,
24
the charter setting out the functions of the audit committee must be
25
approved by the Reserve Bank Board.
26
127 Subsection 8A(5)
27
Repeal the subsection.
28
128 At the end of section 8A
29
Add:
30
Note:
See section 7A for how the Public Governance, Performance and
31
Accountability Act 2013 applies in relation to the 2 Boards.
32
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
387
129 Paragraph 18(1)(e)
1
Omit "or section 27F or 27J of the Commonwealth Authorities and
2
Companies Act 1997".
3
130 At the end of subsection 18(1)
4
Add:
5
Note:
The appointment of a member appointed under paragraph 14(1)(d)
6
may also be terminated under section 30 of the Public Governance,
7
Performance and Accountability Act 2013 (which deals with
8
terminating the appointment of an accountable authority, or a member
9
of an accountable authority, for contravening general duties of
10
officials). That section applies to the member because of section 7A of
11
this Act.
12
131 Section 25
13
Before "If", insert "(1)".
14
132 At the end of section 25
15
Add:
16
(2) Section 30 of the Public Governance, Performance and
17
Accountability Act 2013 (which deals with terminating the
18
appointment of an accountable authority, or a member of an
19
accountable authority, for contravening general duties of officials)
20
does not apply in relation to the Governor despite subsection 30(6)
21
of that Act.
22
133 Subparagraph 25L(4)(c)(ii)
23
Omit "; or", substitute ".".
24
134 Paragraph 25L(4)(d)
25
Repeal the paragraph.
26
135 At the end of section 25L
27
Add:
28
Note:
The appointment of a member referred to in paragraph 25A(d) may
29
also be terminated under section 30 of the Public Governance,
30
Performance and Accountability Act 2013 (which deals with
31
terminating the appointment of an accountable authority, or a member
32
of an accountable authority, for contravening general duties of
33
Schedule 11 Amendments of Acts starting with O to R
388
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
officials). That section applies to the member because of section 7A of
1
this Act.
2
Road Safety Remuneration Act 2012
3
136 Paragraph 112(6)(b)
4
Omit "Financial Management and Accountability Act 1997", substitute
5
"Public Governance, Performance and Accountability Act 2013".
6
Royal Australian Air Force Veterans' Residences Act 1953
7
137 At the end of section 5
8
Add:
9
(7) Section 30 of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with terminating the
11
appointment of an accountable authority, or a member of an
12
accountable authority, for contravening general duties of officials)
13
does not apply in relation to a member despite subsection 30(6) of
14
that Act.
15
138 Section 5A
16
Repeal the section.
17
139 At the end of subsection 7(1)
18
Add:
19
Note:
The Public Governance, Performance and Accountability Act 2013
20
applies to the Trust. That Act deals with matters relating to corporate
21
Commonwealth entities, including reporting and the use and
22
management of public resources.
23
140 Section 9
24
Before "The Trust", insert "(1)".
25
141 At the end of section 9
26
Add:
27
Amendments of Acts starting with O to R Schedule 11
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
389
(2) Section 59 of the Public Governance, Performance and
1
Accountability Act 2013 (which deals with investment by corporate
2
Commonwealth entities) does not apply to the Trust.
3
Royal Commissions Act 1902
4
142 Subsection 1B(1) (definition of Finance Minister)
5
Omit "Financial Management and Accountability Act 1997", substitute
6
"Public Governance, Performance and Accountability Act 2013".
7
Schedule 12 Amendments of Acts starting with S to W
390
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 12
--Amendments of Acts starting
1
with S to W
2
3
Safety, Rehabilitation and Compensation Act 1988
4
1 Subsection 4(1)
5
Insert:
6
Finance Minister means the Minister who administers the Public
7
Governance, Performance and Accountability Act 2013.
8
2 Subsection 4(1) (definition of public money)
9
Repeal the definition.
10
3 Subsection 4(1)
11
Insert:
12
relevant money has the same meaning as in the Public
13
Governance, Performance and Accountability Act 2013.
14
4 Paragraph 23A(6)(a)
15
Omit "public money", substitute "relevant money".
16
5 Subsection 23A(6)
17
Omit "for the purposes of section 30 of the Financial Management and
18
Accountability Act 1997 to be a repayment of the Commonwealth salary
19
etc. payment", substitute "to be a repayment of the Commonwealth
20
salary etc. payment and the receipt of an amount for the purposes of
21
section 74 of the Public Governance, Performance and Accountability
22
Act 2013".
23
6 Subsection 23A(7)
24
Repeal the subsection.
25
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
391
7 Subsection 70B(2)
1
Omit "Section 29 of the Commonwealth Authorities and Companies Act
2
1997", substitute "Section 86 of the Public Governance, Performance
3
and Accountability Act 2013 (which deals with subsidiaries of corporate
4
Commonwealth entities)".
5
8 Subsection 73(3)
6
Omit "section 28 of the Commonwealth Authorities and Companies Act
7
1997", substitute "section 22 of the Public Governance, Performance
8
and Accountability Act 2013 (which deals with the application of
9
government policy to corporate Commonwealth entities)".
10
9 Subsection 74(1) (note)
11
Repeal the note, substitute:
12
Note:
The Public Governance, Performance and Accountability Act 2013
13
applies to Comcare. That Act deals with matters relating to corporate
14
Commonwealth entities, including reporting and the use and
15
management of public resources.
16
10 At the end of subsection 76(1)
17
Add:
18
Note:
The Chief Executive Officer is the accountable authority of Comcare
19
for the purposes of the Public Governance, Performance and
20
Accountability Act 2013. See section 12 of that Act and
21
subsection 74(1A) of this Act.
22
11 Subsections 76(4) and (5)
23
Repeal the subsections.
24
12 Paragraph 84(2)(b)
25
Omit "subsection 76(5) or".
26
13 At the end of subsection 84(2)
27
Add:
28
Note:
The appointment of the Chief Executive Officer may also be
29
terminated under section 30 of the Public Governance, Performance
30
and Accountability Act 2013 (which deals with terminating the
31
appointment of an accountable authority, or a member of an
32
accountable authority, for contravening general duties of officials).
33
Schedule 12 Amendments of Acts starting with S to W
392
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
14 At the end of Division 1 of Part VII
1
Add:
2
85 Annual report
3
The annual report prepared by the Chief Executive Officer and
4
given to the Minister under section 46 of the Public Governance,
5
Performance and Accountability Act 2013 for a period must
6
include particulars of each direction given under section 73 of this
7
Act during the period.
8
15 Subsection 89E(2A)
9
Repeal the subsection (including the note).
10
16 At the end of section 89E
11
Add:
12
Note:
The Commissioners are not the accountable authority of Comcare for
13
the purposes of the Public Governance, Performance and
14
Accountability Act 2013. See section 12 of that Act and
15
subsection 74(1A) of this Act.
16
17 Section 90
17
Repeal the section.
18
18 Subsection 90C(3) (definition of notional interest)
19
Omit "Minister responsible for the administration of the Commonwealth
20
Authorities and Companies Act 1997", substitute "Finance Minister".
21
19 Subsection 90C(4)
22
Omit "Minister responsible for the administration of the Commonwealth
23
Authorities and Companies Act 1997", substitute "Finance Minister".
24
20 Subsection 90C(5) (definition of Comcare-retained funds)
25
Omit "in the bank account maintained in accordance with section 18 of
26
the Commonwealth Authorities and Companies Act 1997", substitute
27
"in a bank account".
28
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
393
21 Subsection 91(4)
1
Repeal the subsection, substitute:
2
(4) Subsection (3) does not prevent investment, under section 59 of the
3
Public Governance, Performance and Accountability Act 2013, of
4
money that is not immediately required for the purposes of
5
Comcare.
6
22 Subsection 91(5)
7
Repeal the subsection.
8
23 Section 92
9
Omit "section 14 of the Commonwealth Authorities and Companies Act
10
1997", substitute "section 36 of the Public Governance, Performance
11
and Accountability Act 2013 (which deals with budget estimates for
12
Commonwealth entities)".
13
24 Subsection 95(6)
14
Omit "Financial Management and Accountability Act 1997)", substitute
15
"Public Governance, Performance and Accountability Act 2013) of a
16
non-corporate Commonwealth entity (within the meaning of that Act)".
17
25 Subsection 95(7)
18
Repeal the subsection.
19
26 Section 112A (heading)
20
Repeal the heading, substitute:
21
112A Making of compensation payments through employers of
22
employees paid out of relevant money
23
27 Paragraph 112A(1)(b)
24
Omit "public money", substitute "relevant money".
25
28 Paragraph 112A(6)(b)
26
Repeal the paragraph, substitute:
27
(b) when the advised payment is received by the employer, it is
28
taken to be:
29
Schedule 12 Amendments of Acts starting with S to W
394
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(i) a repayment of the anticipatory payment; and
1
(ii) the receipt of an amount for the purposes of section 74
2
of the Public Governance, Performance and
3
Accountability Act 2013.
4
29 Subsection 112A(7)
5
Repeal the subsection.
6
30 Section 112B (heading)
7
Repeal the heading, substitute:
8
112B Making of compensation payments through employers of
9
employees not paid out of relevant money
10
31 Paragraph 112B(1)(b)
11
Omit "public money", substitute "relevant money".
12
Safe Work Australia Act 2008
13
32 Subsection 7(1)
14
Omit "strategic plan", substitute "corporate plan".
15
33 Section 18
16
Repeal the section, substitute:
17
18 Disclosure of interests
18
(1) A disclosure by a voting member under section 29 of the Public
19
Governance, Performance and Accountability Act 2013 (which
20
deals with the duty to disclose interests) must be made to the
21
Minister.
22
(2) Subsection (1) applies in addition to any rules made for the
23
purposes of that section.
24
(3) For the purposes of this Act and the Public Governance,
25
Performance and Accountability Act 2013, a voting member is
26
taken not to have complied with section 29 of that Act if the voting
27
member does not comply with subsection (1) of this section.
28
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
395
34 Paragraph 20(2)(c)
1
Repeal the paragraph, substitute:
2
(c) the member fails, without reasonable excuse, to comply with
3
section 29 of the Public Governance, Performance and
4
Accountability Act 2013 (which deals with the duty to
5
disclose interests) or rules made for the purposes of that
6
section.
7
35 Section 26
8
Repeal the section, substitute:
9
26 What this Part is about
10
This Part is about Safe Work Australia's corporate plan and
11
operational plan. These plans impact on how Safe Work Australia,
12
and its CEO, perform their respective functions (see
13
subsections 7(2) and 45(2)).
14
Division 2 deals with the corporate plan. The CEO prepares a draft
15
corporate plan and gives it to the Ministerial Council for approval.
16
Once the Ministerial Council approves the draft plan, the plan is
17
given to the Minister under section 35 of the Public Governance,
18
Performance and Accountability Act.
19
Division 3 deals with the operational plan. The CEO prepares a
20
draft operational plan and gives it to the Ministerial Council for
21
approval. Once the Ministerial Council approves the draft plan, it
22
becomes final. The plan covers a period of 1 year. It sets out the
23
activities that Safe Work Australia is to undertake in that year.
24
Division 4 allows the Ministerial Council to direct the CEO to
25
amend either of the final plans.
26
36 Division 2 of Part 4 (heading)
27
Repeal the heading, substitute:
28
Schedule 12 Amendments of Acts starting with S to W
396
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Division 2--Corporate plan for Safe Work Australia
1
37 Section 27
2
Repeal the section, substitute:
3
27 Draft corporate plan
4
(1) Before giving a corporate plan to the Minister under section 35 of
5
the Public Governance, Performance and Accountability Act 2013,
6
the CEO must prepare a draft corporate plan and give it to the
7
Ministerial Council.
8
(2) Despite that section, the draft corporate plan must deal with the
9
following matters only:
10
(a) the outcomes to be achieved by Safe Work Australia;
11
(b) the strategies that are to be followed by Safe Work Australia
12
to achieve those outcomes.
13
(3) The draft corporate plan must not deal with the allocation of
14
resources for the performance of Safe Work Australia's functions.
15
(4) Subsection 35(3) of the Public Governance, Performance and
16
Accountability Act 2013 (which deals with the Australian
17
Government's key priorities and objectives) does not apply to a
18
corporate plan prepared by the CEO.
19
38 Section 28 (heading)
20
Repeal the heading, substitute:
21
28 Approval of draft corporate plan
22
39 Subsection 28(1)
23
Omit "strategic plan", substitute "corporate plan".
24
40 Subsection 28(2)
25
Omit "Safe Work Australia", substitute "the CEO".
26
41 Subsection 28(4)
27
Repeal the subsection, substitute:
28
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
397
CEO to comply with Council's directions
1
(4) The CEO must comply with a direction under subsection (2).
2
42 Subsections 28(6) and (7)
3
Repeal the subsections, substitute:
4
Corporate plan
5
(6) When the draft corporate plan, or altered draft corporate plan, as
6
the case may be, is approved by the Ministerial Council, that plan
7
is to be given to the Minister under section 35 of the Public
8
Governance, Performance and Accountability Act 2013.
9
43 Section 29 (heading)
10
Repeal the heading, substitute:
11
29 CEO to prepare a draft operational plan
12
44 Subsection 29(1)
13
Omit "Safe Work Australia", substitute "the CEO".
14
45 Paragraph 29(3)(b)
15
Omit "strategic plan", substitute "corporate plan".
16
46 Subsection 30(2)
17
Omit "Safe Work Australia", substitute "the CEO".
18
47 Paragraph 30(3)(c)
19
Omit "strategic plan", substitute "corporate plan".
20
48 Subsection 30(4)
21
Repeal the subsection, substitute:
22
CEO to comply with Council's directions
23
(4) The CEO must comply with a direction under subsection (2).
24
Schedule 12 Amendments of Acts starting with S to W
398
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
49 Subsection 30(7)
1
Repeal the subsection (not including the heading), substitute:
2
(7) An operational plan must be published in such manner as the CEO
3
considers appropriate.
4
50 Division 4 of Part 4 (heading)
5
Repeal the heading, substitute:
6
Division 4--Ministerial Council's directions to alter
7
corporate or operational plans
8
51 Section 31 (heading)
9
Repeal the heading, substitute:
10
31 Ministerial Council's directions to alter corporate plan
11
52 Subsection 31(1)
12
Omit "Safe Work Australia", substitute "the CEO".
13
53 Paragraph 31(1)(a)
14
Omit "its strategic plan", substitute "the corporate plan for Safe Work
15
Australia".
16
54 Subsection 31(2) (heading)
17
Repeal the heading, substitute:
18
Direction to amend corporate plan
19
55 Subsection 31(3)
20
Repeal the subsection, substitute:
21
CEO to comply with Council's directions
22
(3) The CEO must comply with a direction under subsection (1).
23
56 Subsections 31(5) and (6)
24
Repeal the subsections, substitute:
25
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
399
When alterations to corporate plan are to be given to the Minister
1
(5) When the altered corporate plan is approved by the Ministerial
2
Council, that plan is to be given to the Minister under section 35 of
3
the Public Governance, Performance and Accountability Act 2013.
4
57 Subsection 32(1)
5
Omit "Safe Work Australia", substitute "the CEO".
6
58 Paragraph 32(2)(c)
7
Omit "strategic plan", substitute "corporate plan".
8
59 Subsection 32(3)
9
Repeal the subsection, substitute:
10
CEO to comply with Council's directions
11
(3) The CEO must comply with a direction under subsection (1).
12
60 Subsection 32(6)
13
Repeal the subsection (not including the heading), substitute:
14
(6) An altered operational plan must be published in such manner as
15
the CEO considers appropriate.
16
61 Subsection 36(2) (note)
17
Omit "section 40", substitute "section 29 of the Public Governance,
18
Performance and Accountability Act 2013 (which deals with the duty to
19
disclose interests) and rules made for the purposes of that section".
20
62 Paragraph 37(2)(a)
21
Omit "section 40 (disclosure of interests) prevents", substitute "rules
22
made for the purposes of section 29 of the Public Governance,
23
Performance and Accountability Act 2013 prevent".
24
63 Section 40
25
Repeal the section.
26
Schedule 12 Amendments of Acts starting with S to W
400
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
64 Section 43
1
Omit:
2
Division 2 is about the CEO. The CEO's functions are to manage
3
Safe Work Australia's administration and assist it in the
4
performance of its functions. The CEO must perform his or her
5
functions in accordance with the strategic and operational plans.
6
He or she must also comply with any direction given by the
7
Minister (see section 46) or Safe Work Australia (see section 48).
8
substitute:
9
Division 2 is about the CEO. The CEO's functions are to manage
10
Safe Work Australia's administration and assist it in the
11
performance of its functions. The CEO must perform his or her
12
functions in accordance with the corporate and operational plans.
13
He or she must also comply with any direction given by the
14
Minister (see section 46) or Safe Work Australia (see section 48).
15
65 Subsection 45(2)
16
Omit "strategic plan", substitute "corporate plan".
17
66 Paragraph 45(3)(b)
18
Omit "Financial Management and Accountability Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
67 Section 47
21
Repeal the section.
22
68 Paragraph 48(3)(a)
23
Omit "strategic plan", substitute "corporate plan".
24
69 Paragraph 48(3)(d)
25
Omit "Financial Management and Accountability Act 1997", substitute
26
"Public Governance, Performance and Accountability Act 2013".
27
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
401
70 Section 55
1
Repeal the section.
2
71 Paragraph 57(2)(d)
3
Repeal the paragraph, substitute:
4
(d) the CEO fails, without reasonable excuse, to comply with
5
section 29 of the Public Governance, Performance and
6
Accountability Act 2013 (which deals with the duty to
7
disclose interests) or rules made for the purposes of that
8
section.
9
72 Subsection 64(2)
10
Omit "Special Account for the purposes of the Financial Management
11
and Accountability Act 1997", substitute "special account for the
12
purposes of the Public Governance, Performance and Accountability
13
Act 2013".
14
73 Section 65 (note)
15
Omit "Special Account" (wherever occurring), substitute "special
16
account".
17
74 Section 70
18
Repeal the section, substitute:
19
70 Annual report
20
The CEO must give to Safe Work Australia and the Ministerial
21
Council the annual report prepared by the CEO and given to the
22
Minister under section 46 of the Public Governance, Performance
23
and Accountability Act 2013 for a period.
24
Schools Assistance (Learning Together--Achievement
25
Through Choice and Opportunity) Act 2004
26
75 Subsection 127(3) (definition of Finance Minister)
27
Omit "Financial Management and Accountability Act 1997", substitute
28
"Public Governance, Performance and Accountability Act 2013".
29
Schedule 12 Amendments of Acts starting with S to W
402
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Science and Industry Research Act 1949
1
76 Section 7 (definition of annual operational plan)
2
Repeal the definition.
3
77 Section 7
4
Insert:
5
corporate plan means a corporate plan prepared by the members
6
under section 35 of the Public Governance, Performance and
7
Accountability Act 2013.
8
78 Section 7 (definition of Finance Minister)
9
Omit "Financial Management and Accountability Act 1997", substitute
10
"Public Governance, Performance and Accountability Act 2013".
11
79 Section 7 (definition of strategic plan)
12
Repeal the definition.
13
80 Subsection 8(2) (note)
14
Repeal the note, substitute:
15
Note:
The Public Governance, Performance and Accountability Act 2013
16
applies to the Organisation. That Act deals with matters relating to
17
corporate Commonwealth entities, including reporting and the use and
18
management of public resources.
19
81 At the end of paragraph 10E(2)(a)
20
Add "or".
21
82 Paragraph 10E(2)(b)
22
Omit "of this Act or section 27F or 27J of the Commonwealth
23
Authorities and Companies Act 1997".
24
83 At the end of paragraphs 10E(2)(b) and (c)
25
Add "or".
26
84 At the end of subsection 10E(2)
27
Add:
28
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
403
Note:
The appointment of the Chief Executive may also be terminated under
1
section 30 of the Public Governance, Performance and Accountability
2
Act 2013 (which deals with terminating the appointment of an
3
accountable authority, or a member of an accountable authority, for
4
contravening general duties of officials).
5
85 Section 10F
6
Before "The", insert "(1)".
7
86 At the end of section 10F
8
Add:
9
(2) Subsection (1) applies in addition to section 29 of the Public
10
Governance, Performance and Accountability Act 2013 (which
11
deals with the duty to disclose interests).
12
87 At the end of paragraph 22(2)(a)
13
Add "or".
14
88 Paragraph 22(2)(b)
15
Omit "or".
16
89 Paragraph 22(2)(c)
17
Repeal the paragraph.
18
90 At the end of subsection 22(2)
19
Add:
20
Note:
The appointment of a part-time member may also be terminated under
21
section 30 of the Public Governance, Performance and Accountability
22
Act 2013 (which deals with terminating the appointment of an
23
accountable authority, or a member of an accountable authority, for
24
contravening general duties of officials).
25
91 Part VII (heading)
26
Repeal the heading, substitute:
27
Schedule 12 Amendments of Acts starting with S to W
404
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part VII--Corporate plans
1
92 Sections 33 to 35
2
Repeal the sections.
3
93 Section 36 (heading)
4
Repeal the heading, substitute:
5
36 Compliance with corporate plan
6
94 Subsection 36(1)
7
Omit "Subject to subsection 49(2), when a strategic plan or an annual
8
operational plan", substitute "When a corporate plan".
9
95 Subsection 48(2)
10
Repeal the subsection, substitute:
11
(2) Subsection (1) 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
Organisation.
15
96 Section 51
16
Omit "In each report on the Organisation under section 9 of the
17
Commonwealth Authorities and Companies Act 1997, the members",
18
substitute "The annual report prepared by the members and given to the
19
Minister under section 46 of the Public Governance, Performance and
20
Accountability Act 2013 for a period".
21
97 Paragraphs 51(a), (b), (c) and (d)
22
Omit "year", substitute "period".
23
Screen Australia Act 2008
24
98 Subsection 5(2) (note)
25
Repeal the note, substitute:
26
Note:
The Public Governance, Performance and Accountability Act 2013
27
applies to Screen Australia. That Act deals with matters relating to
28
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
405
corporate Commonwealth entities, including reporting and the use and
1
management of public resources.
2
99 Paragraph 16(2)(b)
3
Repeal the paragraph.
4
100 At the end of subsection 16(2)
5
Add:
6
Note:
The appointment of a member may also be terminated under
7
section 30 of the Public Governance, Performance and Accountability
8
Act 2013 (which deals with terminating the appointment of an
9
accountable authority, or a member of an accountable authority, for
10
contravening general duties of officials).
11
101 Paragraph 18(3)(a)
12
Omit "section 27J of the Commonwealth Authorities and Companies
13
Act 1997", substitute "rules made for the purposes of section 29 of the
14
Public Governance, Performance and Accountability Act 2013".
15
102 Subsection 18(10)
16
Omit "Commonwealth Authorities and Companies Act 1997", substitute
17
"Public Governance, Performance and Accountability Act 2013".
18
103 Section 27
19
Repeal the section, substitute:
20
27 Disclosure of interests
21
(1) A disclosure by the CEO under section 29 of the Public
22
Governance, Performance and Accountability Act 2013 (which
23
deals with the duty to disclose interests) must be made to the
24
Minister and the Board.
25
(2) Subsection (1) applies in addition to any rules made for the
26
purposes of that section.
27
(3) For the purposes of this Act and the Public Governance,
28
Performance and Accountability Act 2013, the CEO is taken not to
29
have complied with section 29 of that Act if the CEO does not
30
comply with subsection (1) of this section.
31
Schedule 12 Amendments of Acts starting with S to W
406
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
104 Paragraph 29(2)(c)
1
Repeal the paragraph, substitute:
2
(c) the CEO fails, without reasonable excuse, to comply with
3
section 29 of the Public Governance, Performance and
4
Accountability Act 2013 (which deals with the duty to
5
disclose interests) or rules made for the purposes of that
6
section; or
7
105 Sections 35 and 36
8
Repeal the sections, substitute:
9
35 Corporate plan
10
(1) A corporate plan given to the Minister by the Board under
11
section 35 of the Public Governance, Performance and
12
Accountability Act 2013 must include:
13
(a) details of the investment and financing programs of Screen
14
Australia, including strategies for managing financial risk;
15
and
16
(b) details of such other matters (if any) as the Minister directs.
17
(2) The Minister may give the Board written instructions with which
18
the Board must comply in preparing a corporate plan (and any
19
variations to the plan) under that section.
20
(3) A direction under paragraph (1)(b) or an instruction given under
21
subsection (2) is not a legislative instrument.
22
106 Subsection 37(1)
23
Repeal the subsection, substitute:
24
(1) This section applies to a corporate plan that is given to the Minister
25
by the Board under section 35 of the Public Governance,
26
Performance and Accountability Act 2013.
27
107 Subsection 39(4) (definition of Finance Minister)
28
Omit "Financial Management and Accountability Act 1997", substitute
29
"Public Governance, Performance and Accountability Act 2013".
30
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
407
108 Subsection 40(2)
1
Repeal the subsection, substitute:
2
(2) Subsection (1) does not prevent investment, under section 59 of the
3
Public Governance, Performance and Accountability Act 2013, of
4
money that is not immediately required for the purposes of Screen
5
Australia.
6
109 Subsection 41(2)
7
Repeal the subsection, substitute:
8
(2) Paragraphs (1)(a) and (b) do not apply to transactions relating to
9
the functions described in subparagraph 6(1)(b)(i).
10
110 Section 43
11
Omit "on Screen Australia under section 9 of the Commonwealth
12
Authorities and Companies Act 1997", substitute "prepared by the
13
Board and given to the Minister under section 46 of the Public
14
Governance, Performance and Accountability Act 2013 for a period".
15
111 Paragraph 43(a)
16
Omit "to which the report relates".
17
112 Subsection 44(4)
18
Omit "section 16 of the Commonwealth Authorities and Companies Act
19
1997", substitute "section 19 of the Public Governance, Performance
20
and Accountability Act 2013 (which deals with the duty to keep the
21
responsible Minister and the Finance Minister informed)".
22
Seafarers Rehabilitation and Compensation Act 1992
23
113 At the end of subsection 116(1)
24
Add:
25
Note:
The Chairperson also has a duty to disclose interests under section 29
26
of the Public Governance, Performance and Accountability Act 2013.
27
114 At the end of subsection 118(2)
28
Add:
29
Schedule 12 Amendments of Acts starting with S to W
408
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note:
The appointment of the Chairperson may also be terminated under
1
section 30 of the Public Governance, Performance and Accountability
2
Act 2013 (which deals with terminating the appointment of an
3
accountable authority, or a member of an accountable authority, for
4
contravening general duties of officials).
5
115 Section 125A
6
Repeal the section.
7
Services Trust Funds Act 1947
8
116 At the end of section 5
9
Add:
10
(3) Section 30 of the Public Governance, Performance and
11
Accountability Act 2013 (which deals with terminating the
12
appointment of an accountable authority, or a member of an
13
accountable authority, for contravening general duties of officials)
14
does not apply in relation to a trustee or a chair of trustees despite
15
subsection 30(6) of that Act.
16
117 At the end of subsection 6(1)
17
Add:
18
Note:
The Public Governance, Performance and Accountability Act 2013
19
applies to the trustees of each fund. That Act deals with matters
20
relating to corporate Commonwealth entities, including reporting and
21
the use and management of public resources.
22
118 Section 34
23
Repeal the section, substitute:
24
34 Application of the Public Governance, Performance and
25
Accountability Act 2013
26
Section 59 of the Public Governance, Performance and
27
Accountability Act 2013 (which deals with investment by corporate
28
Commonwealth entities) does not apply to the trustees of each
29
fund.
30
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
409
119 Section 35
1
Repeal the section.
2
Skilling Australia's Workforce Act 2005
3
120 Subsection 3(1) (definition of Agency)
4
Repeal the definition.
5
121 Subsection 3(1)
6
Insert:
7
non-corporate Commonwealth entity has the same meaning as in
8
the Public Governance, Performance and Accountability Act 2013.
9
122 Paragraph 27(1)(b)
10
Omit "an Agency (or part of an Agency)", substitute "a non-corporate
11
Commonwealth entity (or part of a non-corporate Commonwealth
12
entity)".
13
123 Section 31
14
Omit "an Agency (or part of an Agency)", substitute "a non-corporate
15
Commonwealth entity (or part of a non-corporate Commonwealth
16
entity)."
17
124 Subsection 37(3)
18
Omit "Financial Management and Accountability Act 1997", substitute
19
"Public Governance, Performance and Accountability Act 2013".
20
Small Superannuation Accounts Act 1995
21
125 Section 3
22
Omit:
23
•
The Australian Taxation Office administers a Special
24
Account. Notional accounts are kept within the Special
25
Account. Employers may deposit money for their employees
26
Schedule 12 Amendments of Acts starting with S to W
410
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
instead of making superannuation contributions. These
1
deposits are credited to the notional accounts.
2
substitute:
3
•
The Australian Taxation Office administers a special account.
4
Notional accounts are kept within the special account.
5
126 Section 4 (definition of Finance Minister)
6
Omit "Financial Management and Accountability Act 1997", substitute
7
"Public Governance, Performance and Accountability Act 2013".
8
127 Subsection 8(2)
9
Omit "Special Account for the purposes of the Financial Management
10
and Accountability Act 1997", substitute "special account for the
11
purposes of the Public Governance, Performance and Accountability
12
Act 2013".
13
128 Subsection 8(2) (note)
14
Repeal the note.
15
129 Subsection 19(1)
16
Repeal the subsection, substitute:
17
(1) Money credited to an individual's account is not held on trust.
18
130 Subsection 33(1)
19
Repeal the subsection, substitute:
20
(1) A deposit, or purported deposit, made in respect of an individual is
21
not held on trust.
22
Snowy Hydro Corporatisation Act 1997
23
131 Subsection 5(1) (definition of Finance Minister)
24
Omit "Financial Management and Accountability Act 1997", substitute
25
"Public Governance, Performance and Accountability Act 2013".
26
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
411
Snowy Mountains Engineering Corporation Limited Sale Act
1
1993
2
132 Subsection 3(1) (definition of Finance Minister)
3
Omit "Financial Management and Accountability Act 1997", substitute
4
"Public Governance, Performance and Accountability Act 2013".
5
Social and Community Services Pay Equity Special Account
6
Act 2012
7
133 Subsection 5(2)
8
Omit "Special Account for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "special account for the
10
purposes of the Public Governance, Performance and Accountability
11
Act 2013".
12
134 Subsection 7(1) (note)
13
Repeal the note, substitute:
14
Note:
See section 80 of the Public Governance, Performance and
15
Accountability Act 2013 (which deals with special accounts).
16
135 Part 1 of Schedule 1 (heading)
17
Omit "Financial Management and Accountability Regulations",
18
substitute "Financial Framework (Supplementary Powers)
19
Regulations 1997".
20
136 Part 1 of Schedule 2 (heading)
21
Omit "Financial Management and Accountability Regulations",
22
substitute "Financial Framework (Supplementary Powers)
23
Regulations 1997".
24
Special Broadcasting Service Act 1991
25
137 Section 3 (definition of Finance Minister)
26
Omit "Financial Management and Accountability Act 1997", substitute
27
"Public Governance, Performance and Accountability Act 2013".
28
Schedule 12 Amendments of Acts starting with S to W
412
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
138 Subsection 5(1) (note)
1
Repeal the note, substitute:
2
Note:
The Public Governance, Performance and Accountability Act 2013
3
applies to the SBS. That Act deals with matters relating to corporate
4
Commonwealth entities, including reporting and the use and
5
management of public resources.
6
139 Subsection 13(2)
7
Repeal the subsection, substitute:
8
(2) Section 22 of the Public Governance, Performance and
9
Accountability Act 2013 (which deals with the application of
10
government policy to corporate Commonwealth entities) applies in
11
relation to the SBS and its Board to the extent that a government
12
policy order mentioned in that section does not affect the content
13
or scheduling of programs.
14
140 Paragraph 27(2)(c)
15
Repeal the paragraph, substitute:
16
(c) a non-executive Director becomes bankrupt, takes steps to
17
take the benefit of any law for the relief of bankrupt or
18
insolvent debtors, compounds with one or more of his or her
19
creditors or makes an assignment of his or her remuneration
20
for the benefit of one or more of his or her creditors;
21
141 At the end of subsection 27(2)
22
Add:
23
Note:
The appointment of a non-executive Director may also be terminated
24
under section 30 of the Public Governance, Performance and
25
Accountability Act 2013 (which deals with terminating the
26
appointment of an accountable authority, or a member of an
27
accountable authority, for contravening general duties of officials).
28
142 Section 36
29
Before "The", insert "(1)".
30
143 At the end of section 36
31
Add:
32
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
413
(2) Subsection (1) applies in addition to section 29 of the Public
1
Governance, Performance and Accountability Act 2013 (which
2
deals with the duty to disclose interests).
3
144 Paragraph 37(2)(d)
4
Omit "of this Act or section 27F or 27J of the Commonwealth
5
Authorities and Companies Act 1997".
6
145 At the end of subsection 37(2)
7
Add:
8
Note:
The appointment of the Managing Director may also be terminated
9
under section 30 of the Public Governance, Performance and
10
Accountability Act 2013 (which deals with terminating the
11
appointment of an accountable authority, or a member of an
12
accountable authority, for contravening general duties of officials).
13
146 Subsection 40(2)
14
Omit "section 27J of the Commonwealth Authorities and Companies
15
Act 1997", substitute "rules made for the purposes of section 29 of the
16
Public Governance, Performance and Accountability Act 2013".
17
147 Section 43C
18
Omit "financial year" (wherever occurring), substitute "period".
19
148 Subsections 45(5) and 45A(3)
20
Omit ", within the statement of strategies and policies to be followed by
21
the SBS to achieve its objectives", substitute "prepared by the Board
22
under section 35 of the Public Governance, Performance and
23
Accountability Act 2013".
24
149 Section 47
25
Repeal the section.
26
150 Subsection 48(1)
27
Repeal the subsection, substitute:
28
(1) The corporate plan prepared by the Board under section 35 of the
29
Public Governance, Performance and Accountability Act 2013
30
must:
31
Schedule 12 Amendments of Acts starting with S to W
414
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(a) outline the overall strategies and policies that the SBS and its
1
subsidiaries are to follow:
2
(i) to achieve the objectives of the SBS; and
3
(ii) to fulfil the SBS's principal and subsidiary functions;
4
and
5
(iii) to ensure that the Board performs its role under
6
paragraph 9(b) and fulfils its duties under section 10;
7
and
8
(b) include a forecast of the revenue and expenditure of the SBS
9
and its subsidiaries, including a forecast of capital
10
expenditure and borrowings; and
11
(c) set out any measures that the Board proposes to adopt (in
12
addition to receiving advice from the Community Advisory
13
Committee) to ensure that it is aware of, and responsive to,
14
community needs and opinions (including the needs and
15
opinions of small or newly arrived ethnic groups) on matters
16
relevant to the Charter; and
17
(d) include such other matters as are prescribed.
18
151 At the end of section 48
19
Add:
20
(4) For the purposes of the application of section 35 of the Public
21
Governance, Performance and Accountability Act 2013 in relation
22
to the SBS, subsidiary is taken to have the meaning given by
23
subsection (3) of this section, despite the definition of subsidiary in
24
section 8 of that Act.
25
(5) The Board may review and revise a corporate plan at any time.
26
152 Sections 49 and 51
27
Repeal the sections.
28
153 Subsection 52(2) (note)
29
Repeal the note, substitute:
30
Note:
Paragraph 19(1)(c) of the Public Governance, Performance and
31
Accountability Act 2013 requires the accountable authority of a
32
Commonwealth entity to notify the Minister of significant decisions in
33
relation to the entity or any of its subsidiaries.
34
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
415
154 Subsection 58(2)
1
Repeal the subsection, substitute:
2
(2) Subsection (1) does not prevent investment, under section 59 of the
3
Public Governance, Performance and Accountability Act 2013, of
4
money that is not immediately required for the purposes of the
5
SBS.
6
155 Subsection 64(1)
7
Omit "Financial Management and Accountability Act 1997)", substitute
8
"Public Governance, Performance and Accountability Act 2013) of a
9
non-corporate Commonwealth entity (within the meaning of that Act)".
10
156 Section 73
11
Omit "The Directors must include in each report on the SBS under
12
section 9 of the Commonwealth Authorities and Companies Act 1997",
13
substitute "The annual report prepared by the Board and given to the
14
Minister under section 46 of the Public Governance, Performance and
15
Accountability Act 2013 for a period must include".
16
157 Section 73
17
Omit "year" (wherever occurring), substitute "period".
18
Superannuation Act 1976
19
158 Subsection 41(9) (definition of bank)
20
Omit "Commonwealth Authorities and Companies Act 1997", substitute
21
"Public Governance, Performance and Accountability Act 2013".
22
159 Subsection 96A(2) (definition of bank)
23
Repeal the definition, substitute:
24
bank has the same meaning as in the Public Governance,
25
Performance and Accountability Act 2013.
26
160 Subsections 156B(2) and (3) (note)
27
Repeal the note.
28
Schedule 12 Amendments of Acts starting with S to W
416
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
161 Subsection 156C(3) (note)
1
Repeal the note.
2
162 Subsection 156D(10)
3
Omit "Financial Management and Accountability Act 1997) who is in
4
ComSuper or is part of ComSuper", substitute "Public Governance,
5
Performance and Accountability Act 2013) of ComSuper".
6
163 Subsection 156D(11)
7
Omit "Financial Management and Accountability Act 1997", substitute
8
"Public Governance, Performance and Accountability Act 2013".
9
Superannuation Act 1990
10
164 Subsections 39A(2) and (3) and 39B(3) (note)
11
Repeal the note.
12
165 Subsection 39C(10)
13
Omit "Financial Management and Accountability Act 1997) who is in
14
ComSuper or is part of ComSuper", substitute "Public Governance,
15
Performance and Accountability Act 2013) of ComSuper".
16
166 Subsection 39C(11)
17
Omit "Financial Management and Accountability Act 1997", substitute
18
"Public Governance, Performance and Accountability Act 2013".
19
167 Subsection 44(1) (definition of bank)
20
Repeal the definition, substitute:
21
bank has the same meaning as in the Public Governance,
22
Performance and Accountability Act 2013.
23
Superannuation Industry (Supervision) Act 1993
24
168 Paragraph 52(4)(b)
25
Repeal the paragraph, substitute:
26
(b) Subdivision A of Division 3 of Part 2-2 of the Public
27
Governance, Performance and Accountability Act 2013
28
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
417
(which deals with general duties of officials) or any rules
1
made for the purposes of that Subdivision.
2
169 Paragraph 52A(3)(b)
3
Repeal the paragraph, substitute:
4
(b) Subdivision A of Division 3 of Part 2-2 of the Public
5
Governance, Performance and Accountability Act 2013
6
(which deals with general duties of officials) or any rules
7
made for the purposes of that Subdivision.
8
Superannuation (Pension Increases) Act 1971
9
170 Subsection 3(1) (definition of Finance Minister)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
Superannuation (Productivity Benefit) Act 1988
13
171 Subsection 3(1) (definition of Finance Department)
14
Omit "Financial Management and Accountability Act 1997", substitute
15
"Public Governance, Performance and Accountability Act 2013".
16
Superannuation (Unclaimed Money and Lost Members) Act
17
1999
18
172 Section 49
19
Repeal the section, substitute:
20
49 Money paid to Commissioner not held on trust
21
To avoid doubt, money paid under this Act to the Commissioner is
22
not, and has never been, held on trust.
23
Schedule 12 Amendments of Acts starting with S to W
418
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Sydney Harbour Federation Trust Act 2001
1
173 Section 3 (definition of Finance Minister)
2
Omit "Financial Management and Accountability Act 1997", substitute
3
"Public Governance, Performance and Accountability Act 2013".
4
174 Subsection 5(2) (note)
5
Repeal the note, substitute:
6
Note:
The Public Governance, Performance and Accountability Act 2013
7
applies to the Trust. That Act deals with matters relating to corporate
8
Commonwealth entities, including reporting and the use and
9
management of public resources.
10
175 Paragraph 20(2)(c)
11
Omit "; or", substitute ".".
12
176 Paragraph 20(2)(d)
13
Repeal the paragraph.
14
177 Subsection 20(2) (note)
15
Repeal the note, substitute:
16
Note:
The appointment of a member may also be terminated under
17
section 30 of the Public Governance, Performance and Accountability
18
Act 2013 (which deals with terminating the appointment of an
19
accountable authority, or a member of an accountable authority, for
20
contravening general duties of officials).
21
178 At the end of section 20
22
Add:
23
(4) Subsection (3) is taken to apply in relation to a termination of the
24
appointment of a member under section 30 of the Public
25
Governance, Performance and Accountability Act 2013 in the
26
same way as that subsection applies to a termination of the
27
appointment of a member under this section.
28
179 Subsection 54(2) (note)
29
Repeal the note.
30
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
419
180 Subsection 60(2)
1
Repeal the subsection, substitute:
2
(2) Subsection (1) does not prevent investment, under section 59 of the
3
Public Governance, Performance and Accountability Act 2013, of
4
money that is not immediately required for the purposes of the
5
Trust.
6
181 Subsection 62(2)
7
Omit "Financial Management and Accountability Act 1997)", substitute
8
"Public Governance, Performance and Accountability Act 2013) of a
9
non-corporate Commonwealth entity (within the meaning of that Act)".
10
182 Subsection 62(3)
11
Repeal the subsection.
12
183 Subsection 64(1)
13
Omit "(1)".
14
184 Subsection 64(2)
15
Repeal the subsection.
16
185 Section 70
17
Omit "on the Trust under section 9 of the Commonwealth Authorities
18
and Companies Act 1997", substitute "prepared by the members and
19
given to the Minister under section 46 of the Public Governance,
20
Performance and Accountability Act 2013 for a period".
21
186 Paragraphs 70(a) and (b)
22
Omit "to which the report relates".
23
187 After section 70
24
Insert:
25
70AA Corporate plan
26
Subsection 35(3) of the Public Governance, Performance and
27
Accountability Act 2013 (which deals with the Australian
28
Schedule 12 Amendments of Acts starting with S to W
420
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Government's key priorities and objectives) does not apply to a
1
corporate plan prepared by the members.
2
Taxation Administration Act 1953
3
188 Subsection 355-55(1) in Schedule 1 (table item 4)
4
Repeal the item, substitute:
5
4
the
*
Finance Minister
is for the purpose of:
(a) the waiver, or possible waiver, of a
*
tax debt under section 63 of the
Public Governance, Performance
and Accountability Act 2013; or
(b) the making, or possible making, of a
payment referred to in section 65 of
that Act (about act of grace
payments) in connection with
administering a
*
taxation law.
Telecommunications Act 1997
6
189 Section 7 (definition of Finance Minister)
7
Omit "Financial Management and Accountability Act 1997", substitute
8
"Public Governance, Performance and Accountability Act 2013".
9
190 Subsection 295U(1)
10
Omit "the ACMA gives the Minister a report under section 57 of the
11
Australian Communications and Media Authority Act 2005", substitute
12
"an annual report prepared by the Chair of the ACMA is given to the
13
Minister under section 46 of the Public Governance, Performance and
14
Accountability Act 2013".
15
Telecommunications (Consumer Protection and Service
16
Standards) Act 1999
17
191 Subsection 21(2)
18
Omit "Special Account within the meaning of the FMA Act", substitute
19
"special account for the purposes of the Public Governance,
20
Performance and Accountability Act 2013".
21
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No. , 2014
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and Transitional Provisions) Bill 2014
421
192 Subsection 21(6) (definition of FMA Act)
1
Repeal the definition.
2
193 Section 21A (note)
3
Omit "Special Account if any of the purposes of the Account",
4
substitute "special account if any of the purposes of the special
5
account".
6
194 Subsection 21B(2)
7
Omit "Minister administering the Financial Management and
8
Accountability Act 1997", substitute "Finance Minister".
9
195 Paragraph 158P(7)(c)
10
Omit "Minister administering the Financial Management and
11
Accountability Act 1997", substitute "Finance Minister".
12
Telecommunications Universal Service Management Agency
13
Act 2012
14
196 Subsection 29(4)
15
Omit "TUSMA's annual report prepared under section 75 for that year",
16
substitute "the annual report prepared by the CEO and given to the
17
Minister under section 46 of the Public Governance, Performance and
18
Accountability Act 2013 for the relevant period".
19
197 Section 64
20
Repeal the section, substitute:
21
64 Disclosure of interests
22
(1) A disclosure by the CEO under section 29 of the Public
23
Governance, Performance and Accountability Act 2013 (which
24
deals with the duty to disclose interests) must be made to TUSMA.
25
(2) Subsection (1) applies in addition to any rules made for the
26
purposes of that section.
27
(3) For the purposes of this Act and the Public Governance,
28
Performance and Accountability Act 2013, the CEO is taken not to
29
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
have complied with section 29 of that Act if the CEO does not
1
comply with subsection (1) of this section.
2
198 Paragraph 68(2)(d)
3
Repeal the paragraph, substitute:
4
(d) the CEO fails, without reasonable excuse, to comply with
5
section 29 of the Public Governance, Performance and
6
Accountability Act 2013 (which deals with the duty to
7
disclose interests) or rules made for the purposes of that
8
section.
9
199 Paragraph 70(a)
10
Omit "Financial Management and Accountability Act 1997", substitute
11
"Public Governance, Performance and Accountability Act 2013".
12
200 Sections 74 and 75
13
Repeal the sections, substitute:
14
74 Corporate plan
15
(1) The corporate plan prepared by the CEO under section 35 of the
16
Public Governance, Performance and Accountability Act 2013
17
must include the matters (if any) as the Minister requires.
18
(2) The Minister may give the CEO written guidelines that are to be
19
used by the CEO in deciding whether a matter is covered by a
20
matter mentioned in subsection (1).
21
(3) A guideline given under subsection (2) is not a legislative
22
instrument.
23
75 Annual report
24
The annual report prepared by the CEO and given to the Minister
25
under section 46 of the Public Governance, Performance and
26
Accountability Act 2013 for a period must set out:
27
(a) each amount paid by TUSMA, on behalf of the
28
Commonwealth, under a section 13 contract during the
29
period; and
30
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
423
(b) the amount of each section 13 grant made during the period;
1
and
2
(c) details of any action taken by TUSMA in the period in
3
response to a direction given by the Minister under
4
section 77.
5
Note:
The annual report must include TUSMA's performance monitoring
6
report (see subsection 29(4)).
7
201 Subsection 84(2)
8
Omit "Special Account for the purposes of the Financial Management
9
and Accountability Act 1997", substitute "special account for the
10
purposes of the Public Governance, Performance and Accountability
11
Act 2013".
12
202 Section 85 (note)
13
Omit "Special Account" (wherever occurring), substitute "special
14
account".
15
203 Section 86 (note)
16
Repeal the note, substitute:
17
Note:
See section 80 of the Public Governance, Performance and
18
Accountability Act 2013 (which deals with special accounts).
19
Telstra Corporation Act 1991
20
204 Section 3 (definition of Finance Department)
21
Omit "Minister administering the Financial Management and
22
Accountability Act 1997", substitute "Minister for Finance".
23
205 Section 3 (definition of Minister for Finance)
24
Omit "Financial Management and Accountability Act 1997", substitute
25
"Public Governance, Performance and Accountability Act 2013".
26
206 Subsection 8AJ(7) (definition of wholly-owned
27
Commonwealth company)
28
Omit "Commonwealth Authorities and Companies Act 1997", substitute
29
"Public Governance, Performance and Accountability Act 2013".
30
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and Transitional Provisions) Bill 2014
No. , 2014
207 Section 8AKA (note)
1
Repeal the note, substitute:
2
Note:
Subsection 56(1) of the Public Governance, Performance and
3
Accountability Act 2013 provides that an agreement for the borrowing
4
of money by the Commonwealth is of no effect unless the borrowing
5
is expressly authorised by an Act.
6
208 Part 9
7
Repeal the Part.
8
Terrorism Insurance Act 2003
9
209 Paragraph 20(2)(d)
10
Repeal the paragraph.
11
210 At the end of subsection 20(2)
12
Add:
13
Note:
The appointment of a 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
211 Subsection 22(5) (note)
19
Repeal the note.
20
212 Subsection 34(2)
21
Repeal the subsection, substitute:
22
(2) Subsection (1) does not prevent investment, under section 59 of the
23
Public Governance, Performance and Accountability Act 2013, of
24
money that is not immediately required for the purposes of the
25
Corporation.
26
Tertiary Education Quality and Standards Agency Act 2011
27
213 Section 5 (definition of strategic plan)
28
Repeal the definition.
29
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
425
214 Subdivision A of Division 7 of Part 8 (heading)
1
Repeal the heading, substitute:
2
Subdivision A--Corporate plans
3
215 Sections 159 and 160
4
Repeal the sections, substitute:
5
160 Approving corporate plans
6
(1) The Commissioners must give a copy of a corporate plan prepared
7
under section 35 of the Public Governance, Performance and
8
Accountability Act 2013 to the Minister for approval before:
9
(a) 31 January in the reporting period before the first reporting
10
period to which the plan relates; or
11
(b) such later day as the Minister allows.
12
(2) Subsection (1) does not apply to a corporate plan if the Minister
13
decides the plan does not need approval.
14
(3) A corporate plan comes into force on:
15
(a) if the plan needs Ministerial approval--the later of:
16
(i) the day it is approved by the Minister; and
17
(ii) the first day of the period to which it relates; or
18
(b) otherwise--the first day of the period to which it relates.
19
216 Section 161 (heading)
20
Repeal the heading, substitute:
21
161 Varying corporate plans
22
217 Subsection 161(1)
23
Repeal the subsection (not including the heading), substitute:
24
(1) The Commissioners may, with the Minister's approval, vary a
25
corporate plan prepared under section 35 of the Public
26
Governance, Performance and Accountability Act 2013.
27
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and Transitional Provisions) Bill 2014
No. , 2014
218 Subsection 161(2)
1
Omit "TEQSA", substitute "the Commissioners".
2
219 Subsection 161(3)
3
Repeal the subsection, substitute:
4
(3) The Minister may, at any time, request the Commissioners to vary
5
the corporate plan. The Commissioners must comply with the
6
request.
7
220 Subsection 161(5)
8
Repeal the subsection (not including the heading), substitute:
9
(5) Despite subsection (1), the Commissioners may vary the corporate
10
plan without the approval of the Minister if the variation is of a
11
minor nature. The variation takes effect on the day it is made.
12
221 Subsection 161(6)
13
Omit "TEQSA makes", substitute "the Commissioners make".
14
222 Subsection 161(6)
15
Omit "TEQSA must", substitute "the Commissioners must".
16
223 Subsection 162(1)
17
Omit "TEQSA" (wherever occurring), substitute "The Commissioners".
18
224 Paragraph 162(2)(a)
19
Omit "strategic plan", substitute "corporate plan".
20
225 Paragraph 162(2)(b)
21
Omit "TEQSA considers", substitute "the Commissioners consider".
22
226 Subsection 163(1)
23
Omit "TEQSA" (first occurring), substitute "the Commissioners".
24
227 Paragraph 163(1)(b)
25
Omit "strategic plan--request TEQSA", substitute "corporate plan--
26
request the Commissioners".
27
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and Transitional Provisions) Bill 2014
427
228 Section 164
1
Omit "strategic plans", substitute "corporate plans".
2
229 Division 8 of Part 8
3
Repeal the Division.
4
Therapeutic Goods Act 1989
5
230 Subsection 45(2)
6
Omit "Special Account for the purposes of the Financial Management
7
and Accountability Act 1997", substitute "special account for the
8
purposes of the Public Governance, Performance and Accountability
9
Act 2013".
10
231 Subsection 45(3) (note)
11
Omit "Special Account if any of the purposes of the Account",
12
substitute "special account if any of the purposes of the special
13
account".
14
Tourism Australia Act 2004
15
232 Subsection 5(2) (note)
16
Repeal the note, substitute:
17
Note:
The Public Governance, Performance and Accountability Act 2013
18
applies to Tourism Australia. That Act deals with matters relating to
19
corporate Commonwealth entities, including reporting and the use and
20
management of public resources.
21
233 Paragraph 20(3)(b)
22
Omit "; or", substitute ".".
23
234 Paragraph 20(3)(c)
24
Repeal the paragraph.
25
235 At the end of subsection 20(3)
26
Add:
27
Note:
The appointment of an appointed member may also be terminated
28
under section 30 of the Public Governance, Performance and
29
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428
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Accountability Act 2013 (which deals with terminating the
1
appointment of an accountable authority, or a member of an
2
accountable authority, for contravening general duties of officials).
3
236 Paragraph 24(2)(a)
4
Omit "section 27J of the Commonwealth Authorities and Companies
5
Act 1997", substitute "rules made for the purposes of section 29 of the
6
Public Governance, Performance and Accountability Act 2013".
7
237 Subsection 25(2) (note)
8
Repeal the note.
9
238 Subsections 33(1) to (3)
10
Repeal the subsections, substitute:
11
(1) The Board must prepare a corporate plan under section 35 of the
12
Public Governance, Performance and Accountability Act 2013 by
13
1 May each reporting period (within the meaning of that Act) or by
14
such later day as the Minister in a particular reporting period
15
allows.
16
239 Section 34
17
Repeal the section, substitute:
18
34 Matters to be covered by plan
19
The corporate plan must include details of an assessment of the
20
outlook for the Australian tourism industry.
21
240 Subsections 35(1) and (2)
22
Repeal the subsections, substitute:
23
(1) For each corporate plan given to the Minister by the Board under
24
section 35 of the Public Governance, Performance and
25
Accountability Act 2013, the Minister must consider whether or not
26
to endorse the plan.
27
241 Section 39
28
Repeal the section, substitute:
29
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
429
39 Annual report
1
The annual report prepared by the Board and given to the Minister
2
under section 46 of the Public Governance, Performance and
3
Accountability Act 2013 for a period must also include details of:
4
(a) an assessment of the extent to which Tourism Australia's
5
operations during the period have implemented each annual
6
operational plan applicable to the period; and
7
(b) significant activities undertaken jointly during the period; and
8
(c) significant capital works programs undertaken by Tourism
9
Australia during the period; and
10
(d) significant acquisitions and dispositions of real property by
11
Tourism Australia during the period; and
12
(e) revisions of the annual operational plan approved by the
13
Minister during the period.
14
242 Subsection 40(6)
15
Omit "section 28 of the Commonwealth Authorities and Companies Act
16
1997", substitute "section 22 of the Public Governance, Performance
17
and Accountability Act 2013 (which deals with the application of
18
government policy to corporate Commonwealth entities)".
19
243 Section 52
20
Repeal the section.
21
244 Section 53
22
Before "The", insert "(1)".
23
245 At the end of section 53
24
Add:
25
(2) Section 30 of the Public Governance, Performance and
26
Accountability Act 2013 (which deals with terminating the
27
appointment of an accountable authority, or a member of an
28
accountable authority, for contravening general duties of officials)
29
does not apply in relation to the Managing Director despite
30
subsection 30(6) of that Act.
31
Schedule 12 Amendments of Acts starting with S to W
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Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
246 Subsection 57(3) (definition of Finance Minister)
1
Omit "Financial Management and Accountability Act 1997", substitute
2
"Public Governance, Performance and Accountability Act 2013".
3
247 Subsection 58(3)
4
Repeal the subsection, substitute:
5
(3) Subsection (2) does not prevent investment, under section 59 of the
6
Public Governance, Performance and Accountability Act 2013, of
7
money that is not immediately required for the purposes of
8
Tourism Australia.
9
248 Subsection 59(1)
10
Omit "(1)".
11
249 Subsection 59(2)
12
Repeal the subsection.
13
Transport Safety Investigation Act 2003
14
250 Section 13AE
15
Repeal the section, substitute:
16
13AE Disclosure of interests
17
(1) A disclosure by a Commissioner under section 29 of the Public
18
Governance, Performance and Accountability Act 2013 (which
19
deals with the duty to disclose interests) must be made to the
20
Minister.
21
(2) Subsection (1) applies in addition to any rules made for the
22
purposes of that section.
23
(3) For the purposes of this Act and the Public Governance,
24
Performance and Accountability Act 2013, a Commissioner is
25
taken not to have complied with section 29 of that Act if the
26
Commissioner does not comply with subsection (1) of this section.
27
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No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
431
251 Paragraph 13AG(1)(c)
1
Repeal the paragraph, substitute:
2
(c) if the Commissioner fails, without reasonable excuse, to
3
comply with section 29 of the Public Governance,
4
Performance and Accountability Act 2013 (which deals with
5
the duty to disclose interests) or rules made for the purposes
6
of that section.
7
252 Section 14AA
8
Repeal the section.
9
253 Section 63A
10
Repeal the section, substitute:
11
63A Annual report
12
The annual report prepared by the Chief Executive Officer and
13
given to the Minister under section 46 of the Public Governance,
14
Performance and Accountability Act 2013 for a period must
15
include the following:
16
(a) prescribed particulars of transport safety matters investigated
17
by the ATSB during the period;
18
(b) a description of investigations conducted by the ATSB
19
during the period that the Chief Commissioner considers
20
raise significant issues in transport safety.
21
Uranium Royalty (Northern Territory) Act 2009
22
254 Subsection 7(6)
23
Repeal the subsection.
24
Veterans' Entitlements Act 1986
25
255 After section 179
26
Insert:
27
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432
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
179A Application of the Public Governance, Performance and
1
Accountability Act 2013 to the Commission
2
Despite paragraph 10(1)(d) of the Public Governance,
3
Performance and Accountability Act 2013 and the definition of
4
Department of State in section 8 of that Act, the Commission is
5
not a Commonwealth entity for the purposes of that Act and is
6
taken to be part of the Department for those purposes.
7
Note:
This means that the commissioners are officials of the Department for
8
the purposes of the Public Governance, Performance and
9
Accountability Act 2013.
10
256 Paragraph 188(6)(d)
11
Repeal the paragraph, substitute:
12
(d) a commissioner fails, without reasonable excuse, to comply
13
with his or her obligations under:
14
(i) section 189; or
15
(ii) section 29 of the Public Governance, Performance and
16
Accountability Act 2013 (which deals with the duty to
17
disclose interests) or rules made for the purposes of that
18
section;
19
257 Section 190
20
Repeal the section.
21
258 After section 196A
22
Insert:
23
196AA Application of the Public Governance, Performance and
24
Accountability Act 2013 to the Authority
25
Despite paragraph 10(1)(d) of the Public Governance,
26
Performance and Accountability Act 2013 and the definition of
27
Department of State in section 8 of that Act, the Repatriation
28
Medical Authority is not a Commonwealth entity for the purposes
29
of that Act and is taken to be part of the Department for those
30
purposes.
31
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
433
Note:
This means that the members of the Authority are officials of the
1
Department for the purposes of the Public Governance, Performance
2
and Accountability Act 2013.
3
259 After section 196V
4
Insert:
5
196VA Application of the Public Governance, Performance and
6
Accountability Act 2013 to the Council
7
Despite paragraph 10(1)(d) of the Public Governance,
8
Performance and Accountability Act 2013 and the definition of
9
Department of State in section 8 of that Act, the Review Council is
10
not a Commonwealth entity for the purposes of that Act and is
11
taken to be part of the Department for those purposes.
12
Note:
This means that the councillors are officials of the Department for the
13
purposes of the Public Governance, Performance and Accountability
14
Act 2013.
15
Water Act 2007
16
260 Subsection 4(1) (definition of Water for the Environment
17
Special Account)
18
Omit "the Special Account", substitute "the special account".
19
261 Subsection 86AB(2)
20
Omit "Special Account for the purposes of the Financial Management
21
and Accountability Act 1997", substitute "special account for the
22
purposes of the Public Governance, Performance and Accountability
23
Act 2013".
24
262 Subsection 86AC(1) (note)
25
Omit "Special Account if any of the purposes of the Account",
26
substitute "special account if any of the purposes of the special
27
account".
28
Schedule 12 Amendments of Acts starting with S to W
434
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
263 Subsection 111(2)
1
Omit "Special Account for the purposes of the Financial Management
2
and Accountability Act 1997", substitute "special account for the
3
purposes of the Public Governance, Performance and Accountability
4
Act 2013".
5
264 Subsection 112(1) (note)
6
Omit "Special Account if any of the purposes of the Account",
7
substitute "special account if any of the purposes of the special
8
account".
9
265 Subsection 173(2) (note 2)
10
Repeal the note, substitute:
11
Note 2:
Acquisitions of interests in land will be done in accordance with the
12
Lands Acquisition Act 1989 and the Public Governance, Performance
13
and Accountability Act 2013.
14
266 Subsection 173(2) (note 3)
15
Repeal the note.
16
267 Section 182
17
Repeal the section, substitute:
18
182 Disclosure of interests
19
(1) A disclosure by an Authority member (other than the Chief
20
Executive) under section 29 of the Public Governance,
21
Performance and Accountability Act 2013 (which deals with the
22
duty to disclose interests) must be made to the Minister.
23
Note:
Under the rules made for the purposes of the Public Governance,
24
Performance and Accountability Act 2013, the Chief Executive must
25
disclose interests to the Minister.
26
(2) Subsection (1) applies in addition to any rules made for the
27
purposes of that section.
28
(3) For the purposes of this Act and the Public Governance,
29
Performance and Accountability Act 2013, the Authority member
30
is taken not to have complied with section 29 of that Act if the
31
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
435
Authority member does not comply with subsection (1) of this
1
section.
2
268 Sections 183 and 184
3
Repeal the sections.
4
269 Paragraph 189(2)(g)
5
Repeal the paragraph, substitute:
6
(g) if the member is not the Chief Executive--the member fails,
7
without reasonable excuse, to comply with section 29 of the
8
Public Governance, Performance and Accountability Act
9
2013 (which deals with the duty to disclose interests) or rules
10
made for the purposes of that section.
11
270 At the end of subsection 189(2)
12
Add:
13
Note:
The appointment of the Chief Executive 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
271 Section 207 (note)
19
Repeal the note.
20
272 Paragraph 208(a)
21
Omit "Financial Management and Accountability Act 1997", substitute
22
"Public Governance, Performance and Accountability Act 2013".
23
273 Section 213A
24
Repeal the section, substitute:
25
213A Corporate plan
26
(1) The corporate plan prepared by the Chief Executive under
27
section 35 of the Public Governance, Performance and
28
Accountability Act 2013 for a period must include the corporate
29
plan approved by the Murray-Darling Basin Ministerial Council
30
under the Agreement for the period.
31
Schedule 12 Amendments of Acts starting with S to W
436
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(2) Subsection 35(3) of that Act (which deals with the Australian
1
Government's key priorities and objectives) does not apply to a
2
corporate plan prepared by the Chief Executive.
3
274 Subsections 213B(1) and (2)
4
Omit "Authority", substitute "Chief Executive".
5
275 At the end of subsection 213B(2)
6
Add:
7
Note:
The corporate plan that is approved by the Murray-Darling Basin
8
Ministerial Council under the Agreement is prepared by the Authority.
9
Any amendment of that plan must also be prepared by the Authority
10
and approved by the Ministerial Council.
11
276 Subsection 213B(3)
12
Omit "Authority", substitute "Chief Executive".
13
277 Section 214
14
Repeal the section, substitute:
15
214 Annual report
16
(1) The annual report prepared by the Chief Executive and given to the
17
Minister under section 46 of the Public Governance, Performance
18
and Accountability Act 2013 for a period must also be given to
19
each other member of the Murray-Darling Basin Ministerial
20
Council.
21
(2) Despite that section, the Chief Executive must give the annual
22
report to the Minister as soon as practicable after the end of the
23
period.
24
(3) The report must include:
25
(a) an analysis of the effectiveness of the Basin Plan; and
26
(b) particulars of all directions given by the Minister under
27
section 175 during the period; and
28
(c) information about the Authority's activities during the
29
period, including information about any matters on which the
30
Authority is required to report under the Agreement.
31
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
437
278 Paragraph 239S(1)(b)
1
Omit "paragraph 213A(3)(a)", substitute "section 213A".
2
Water Efficiency Labelling and Standards Act 2005
3
279 Section 7 (subparagraph (a)(i) of the definition of agency)
4
Repeal the subparagraph, substitute:
5
(i) a non-corporate Commonwealth entity (within the
6
meaning of the Public Governance, Performance and
7
Accountability Act 2013);
8
280 Section 7 (definition of WELS Account)
9
Omit "Special Account", substitute "special account".
10
281 Subsection 64(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
282 Section 65 (note)
16
Omit "Special Account if any of the purposes of the Account",
17
substitute "special account if any of the purposes of the special
18
account".
19
Work Health and Safety Act 2011
20
283 Section 4 (definition of Commonwealth)
21
Omit "an agency within the meaning of the Financial Management and
22
Accountability Act 1997", substitute "a non-corporate Commonwealth
23
entity (within the meaning of the Public Governance, Performance and
24
Accountability Act 2013)".
25
284 Section 4 (paragraph (b) of the definition of public
26
authority)
27
Omit "Commonwealth Authorities and Companies Act 1997", substitute
28
"Public Governance, Performance and Accountability Act 2013".
29
Schedule 12 Amendments of Acts starting with S to W
438
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
285 Clause 3 of Schedule 2
1
Omit "of Comcare for a financial year must include", substitute
2
"prepared by the Chief Executive Officer of Comcare and given to the
3
Minister under section 46 of the Public Governance, Performance and
4
Accountability Act 2013 for a period must include".
5
286 Paragraph 3(a) of Schedule 2
6
Omit "year" (wherever occurring), substitute "period".
7
287 Paragraph 3(b) of Schedule 2
8
Omit "year", substitute "period".
9
288 Clause 3 of Schedule 2 (note)
10
Omit "section 90", substitute "section 85".
11
289 Paragraph 4(1)(a) of Schedule 2
12
Repeal the paragraph, substitute:
13
(a) a non-corporate Commonwealth entity within the meaning of
14
the Public Governance, Performance and Accountability Act
15
2013;
16
Workplace Gender Equality Act 2012
17
290 Subsection 12(1)
18
Repeal the subsection, substitute:
19
(1) Despite section 46 of the Public Governance, Performance and
20
Accountability Act 2013, the annual report prepared by the Director
21
for a period for the purposes of that section must be given to the
22
Minister by the last day of the fifth month after the end of the
23
period.
24
291 Paragraph 13C(2)(b)
25
Repeal the paragraph, substitute:
26
(b) must not be used in a report under:
27
(i) section 12; or
28
(ii) section 46 of the Public Governance, Performance and
29
Accountability Act 2013.
30
Amendments of Acts starting with S to W Schedule 12
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
439
292 Paragraph 14(1)(b)
1
Repeal the paragraph, substitute:
2
(b) must not be used in a report under:
3
(i) section 12; or
4
(ii) section 46 of the Public Governance, Performance and
5
Accountability Act 2013.
6
293 Paragraph 14A(1)(b)
7
Repeal the paragraph, substitute:
8
(b) must not be used in a report under:
9
(i) section 12; or
10
(ii) section 46 of the Public Governance, Performance and
11
Accountability Act 2013.
12
294 Paragraph 15(1)(b)
13
Repeal the paragraph, substitute:
14
(b) may be used, either in whole or in part, in a report under:
15
(i) section 12; or
16
(ii) section 46 of the Public Governance, Performance and
17
Accountability Act 2013.
18
295 Subsection 19D(2)
19
Repeal the subsection, substitute:
20
Naming employer in Agency report
21
(2) The Agency may name the employer as having failed to comply
22
with this Act, and set out details of the non-compliance, in a report
23
under:
24
(a) subsection 12(2); or
25
(b) section 46 of the Public Governance, Performance and
26
Accountability Act 2013.
27
296 Paragraph 19D(4)(a)
28
Repeal the paragraph, substitute:
29
(a) name an employer in a report under:
30
(i) subsection 12(2); or
31
Schedule 12 Amendments of Acts starting with S to W
440
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(ii) section 46 of the Public Governance, Performance and
1
Accountability Act 2013; or
2
297 Paragraph 26(2)(d)
3
Repeal the paragraph, substitute:
4
(d) without reasonable excuse, contravenes:
5
(i) section 27; or
6
(ii) section 29 of the Public Governance, Performance and
7
Accountability Act 2013 (which deals with the duty to
8
disclose interests) or rules made for the purposes of that
9
section;
10
298 Section 27
11
Before "The", insert "(1)".
12
299 At the end of section 27
13
Add:
14
(2) Subsection (1) applies in addition to section 29 of the Public
15
Governance, Performance and Accountability Act 2013 (which
16
deals with the duty to disclose interests).
17
Contingent amendments Schedule 13
Agricultural and Veterinary Chemicals legislation Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
441
Schedule 13
--Contingent amendments
1
Part 1
--Agricultural and Veterinary Chemicals
2
legislation
3
Agricultural and Veterinary Chemical Products (Collection
4
of Levy) Act 1994
5
1 Subsection 3(1) (definition of Agency)
6
Repeal the definition, substitute:
7
Agency has the same meaning as Commonwealth entity in the
8
Public Governance, Performance and Accountability Act 2013.
9
2 Section 38D
10
Repeal the section, substitute:
11
38D Costs and expenses of collecting agency
12
If an Agency is specified by instrument under section 3A to be the
13
collecting agency, the APVMA must pay the Agency for the costs
14
and expenses incurred by the Agency in relation to collecting levy,
15
late payment penalty or understatement penalty under this Act.
16
Agricultural and Veterinary Chemicals (Administration) Act
17
1992
18
3 Section 61
19
Repeal the section, substitute:
20
61 Annual report
21
The annual report prepared by the Chief Executive Officer and
22
given to the Minister under section 46 of the Public Governance,
23
Performance and Accountability Act 2013 for a period must
24
include particulars of:
25
(a) an assessment of the extent to which the APVMA's
26
operations during that period have contributed to the
27
Schedule 13 Contingent amendments
Part 1 Agricultural and Veterinary Chemicals legislation
442
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
objectives set out in the annual operational plan for that
1
period; and
2
(b) an evaluation of the APVMA's overall performance during
3
that period against:
4
(i) the performance indicators set out in the annual
5
operational plan for that period; and
6
(ii) the performance indicators (if any) prescribed by the
7
regulations for the purposes of this subparagraph; and
8
(c) any exercise of powers under section 131AA of the Code set
9
out in the Schedule to the Agricultural and Veterinary
10
Chemicals Code Act 1994 during that period; and
11
(d) variations (if any) of the annual operational plan taking effect
12
during that period; and
13
(e) significant purchases and disposals of real property by the
14
APVMA during that period; and
15
(f) any directions given to the APVMA by the Minister during
16
that period to which subsection 10(3) applies and the impact
17
of the directions on the operations of the APVMA.
18
4 Subparagraph 69EGB(2)(b)(i)
19
Omit "Commonwealth", substitute "APVMA".
20
Agricultural and Veterinary Chemicals Code Act 1994
21
5 Subparagraph 140(1A)(b)(i) of the Code set out in the
22
Schedule
23
Omit "Commonwealth", substitute "APVMA".
24
6 Paragraphs 145H(9)(a) and (b) of the Code set out in the
25
Schedule
26
Omit ", on behalf of the Commonwealth,".
27
7 Paragraph 145H(9)(b) of the Code set out in the Schedule
28
Omit "debt due to the Commonwealth", substitute "debt due to the
29
APVMA".
30
Contingent amendments Schedule 13
Agricultural and Veterinary Chemicals legislation Part 1
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
443
8 Subsection 149A(2) of the Code set out in the Schedule
1
Omit ", on behalf of the Commonwealth,".
2
Schedule 13 Contingent amendments
Part 2 Antarctic Treaty (Environment Protection) Act 1980
444
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Part 2
--Antarctic Treaty (Environment Protection)
1
Act 1980
2
Antarctic Treaty (Environment Protection) Act 1980
3
9 Subsection 13CJ(2)
4
Omit "Special Account for the purposes of the Financial Management
5
and Accountability Act 1997", substitute "special account for the
6
purposes of the Public Governance, Performance and Accountability
7
Act 2013".
8
10 Section 13CK (note)
9
Omit "Special Account" (wherever occurring), substitute "special
10
account".
11
11 Section 13CL (note)
12
Repeal the note, substitute:
13
Note:
See section 80 of the Public Governance, Performance and
14
Accountability Act 2013 (which deals with special accounts).
15
Contingent amendments Schedule 13
Australian Grape and Wine Authority Act 2013 Part 3
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
445
Part 3
--Australian Grape and Wine Authority Act
1
2013
2
Australian Grape and Wine Authority Act 2013
3
12 Subsection 12(1) (note)
4
Repeal the note, substitute:
5
Note:
The Public Governance, Performance and Accountability Act 2013
6
applies to the Authority. That Act deals with matters relating to
7
corporate Commonwealth entities, including reporting and the use and
8
management of public resources.
9
13 Section 19
10
Repeal the section, substitute:
11
19 Disclosure of interests
12
For the purposes of section 29 of the Public Governance,
13
Performance and Accountability Act 2013 (which deals with the
14
duty to disclose interests), a director who is a grape grower or a
15
winemaker is not taken to have a material personal interest that
16
relates to the affairs of the Authority by reason only of being a
17
grape grower or a winemaker.
18
14 Paragraph 23(2)(b)
19
Repeal the paragraph.
20
15 At the end of subsection 23(2)
21
Add:
22
Note:
The appointment of a director may also be terminated under section 30
23
of the Public Governance, Performance and Accountability Act 2013
24
(which deals with terminating the appointment of an accountable
25
authority, or a member of an accountable authority, for contravening
26
general duties of officials).
27
Schedule 13 Contingent amendments
Part 3 Australian Grape and Wine Authority Act 2013
446
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
16 Paragraph 26A(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
17 Subsection 31(1) (note)
5
Omit "Note", substitute "Note 1".
6
18 At the end of subsection 31(1)
7
Add:
8
Note 2:
The Authority is not required to give a corporate plan under section 35
9
of the Public Governance, Performance and Accountability Act 2013
10
(see subsection (13) of this section).
11
19 At the end of section 31
12
Add:
13
(13) Section 35 of the Public Governance, Performance and
14
Accountability Act 2013 (which deals with corporate plans) does
15
not apply to the Authority.
16
20 Subsection 31K(1)
17
Repeal the subsection, substitute:
18
(1) Except as provided by this section and the Public Governance,
19
Performance and Accountability Act 2013, the Authority is not
20
subject to direction by or on behalf of the Australian Government.
21
21 Subsection 35(2)
22
Repeal the subsection, substitute:
23
(2) Subsections (1) and (1A) do not prevent investment, under
24
section 59 of the Public Governance, Performance and
25
Accountability Act 2013, of money that is not immediately required
26
for the purposes of the Authority.
27
22 Section 38
28
Repeal the section, substitute:
29
Contingent amendments Schedule 13
Australian Grape and Wine Authority Act 2013 Part 3
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
447
38 Annual report
1
(1) The annual report prepared by the directors and given to the
2
Minister under section 46 of the Public Governance, Performance
3
and Accountability Act 2013 for a period must:
4
(a) include a report on the operations of the Geographical
5
Indications Committee during the period; and
6
(b) set out all final determinations of geographical indications,
7
and translations of such indications, made by the Committee
8
during the period; and
9
(c) include particulars of:
10
(i) the grape or wine research and development activities
11
that the Authority coordinated or funded, wholly or
12
partly, during the period; and
13
(ii) the amount that the Authority spent during the period in
14
relation to each of those activities; and
15
(iii) which (if any) of those activities related to ecologically
16
sustainable development; and
17
(iv) the impact of those activities on the grape industry and
18
the wine industry; and
19
(v) the entering into of agreements under section 10A
20
during the period, and the Authority's activities during
21
the period in relation to agreements entered into under
22
that section during or before the period; and
23
(vi) the entering into of agreements under section 10B
24
during the period, and the Authority's activities during
25
the period in relation to agreements entered into under
26
that section during or before the period; and
27
(vii) the making of grants under section 10C during the
28
period; and
29
(viii) the Authority's activities during the period in relation to
30
applying for patents for inventions, commercially
31
exploiting patented inventions and granting licences
32
under patented inventions; and
33
(ix) the activities of any companies in which the Authority
34
has an interest; and
35
(x) any activities relating to the formation of a company;
36
and
37
Schedule 13 Contingent amendments
Part 3 Australian Grape and Wine Authority Act 2013
448
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
(xi) significant acquisitions and dispositions of real property
1
by the Authority during the period; and
2
(d) include an assessment of the extent to which the Authority's
3
operations during the period have:
4
(i) achieved the Authority's objectives as stated in its
5
corporate plan; and
6
(ii) implemented the annual operational plan applicable to
7
the period; and
8
(e) include an assessment of the extent to which the Authority
9
has, during the period, contributed to the attainment of the
10
objects of this Act as set out in section 3.
11
(2) The annual report must be published on the Authority's website as
12
soon as practicable after the report is tabled in the House of
13
Representatives.
14
23 Subsection 38A(1)
15
Omit "the report prepared by the directors under section 9 of the
16
Commonwealth Authorities and Companies Act 1997 on the operations
17
of the Authority for a period has been given to the responsible Minister
18
(within the meaning of that section),", substitute "the annual report
19
mentioned in section 38 has been given to the Minister under section 46
20
of the Public Governance, Performance and Accountability Act 2013,".
21
24 Clause 12 of the Schedule
22
Omit "in relation to that year under section 9 of the Commonwealth
23
Authorities and Companies Act 1997", substitute "under section 46 of
24
the Public Governance, Performance and Accountability Act 2013 in
25
relation to the period that includes the year".
26
Contingent amendments Schedule 13
Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
449
Part 4
--Offshore Petroleum and Greenhouse Gas
1
Storage Act 2006
2
Division 1
--First compliance measures Act has not
3
commenced
4
Offshore Petroleum and Greenhouse Gas Storage Act 2006
5
25 Subsection 600(7)
6
Omit all the words after "an amount worked out in accordance with the
7
determination", substitute:
8
is to be debited from the National Offshore Petroleum Titles
9
Administrator Special Account on a day worked out in accordance
10
with the determination.
11
Note:
The Commonwealth must pay a corresponding amount to NOPSEMA
12
(see paragraph 682(1)(aa)).
13
26 After paragraph 682(1)(a)
14
Insert:
15
(aa) amounts debited from the National Offshore Petroleum Titles
16
Administrator Special Account under subsection 600(7)
17
(about petroleum project inspectors); and
18
27 Subsections 682(4) and (6)
19
Omit "(1)(b)", substitute "(1)(aa)".
20
Division 2
--First compliance measures Act has
21
commenced
22
Offshore Petroleum and Greenhouse Gas Storage Act 2006
23
28 Subsection 602B(2)
24
Omit all the words after "on a day worked out in accordance with the
25
determination,", substitute:
26
to be debited from the National Offshore Petroleum Titles
27
Administrator Special Account.
28
Schedule 13 Contingent amendments
Part 4 Offshore Petroleum and Greenhouse Gas Storage Act 2006
450
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Note:
The Commonwealth must pay a corresponding amount to NOPSEMA
1
(see paragraph 682(1)(b)).
2
29 Section 682
3
Repeal the section, substitute:
4
682 Commonwealth payments to NOPSEMA
5
(1) The Commonwealth must pay to NOPSEMA amounts equal to:
6
(a) such money as is appropriated by the Parliament for the
7
purposes of NOPSEMA; and
8
(b) amounts debited from the National Offshore Petroleum Titles
9
Administrator Special Account under subsection 602B(2)
10
(about NOPSEMA inspectors); and
11
(c) the following amounts paid to NOPSEMA on behalf of the
12
Commonwealth:
13
(i) amounts paid by way of safety investigation levy
14
imposed by the Regulatory Levies Act;
15
(ii) amounts paid by way of late payment penalty under
16
subsection 686(2); and
17
(d) the following amounts paid to NOPSEMA on behalf of the
18
Commonwealth:
19
(i) amounts paid by way of safety case levy imposed by the
20
Regulatory Levies Act;
21
(ii) amounts paid by way of late payment penalty under
22
subsection 687(4); and
23
(e) the following amounts paid to NOPSEMA on behalf of the
24
Commonwealth:
25
(i) amounts paid by way of well investigation levy imposed
26
by the Regulatory Levies Act;
27
(ii) amounts paid by way of late payment penalty under
28
subsection 688(2); and
29
(f) the following amounts paid to NOPSEMA on behalf of the
30
Commonwealth:
31
(i) amounts paid by way of annual well levy imposed by
32
the Regulatory Levies Act;
33
(ii) amounts paid by way of late payment penalty under
34
subsection 688A(2); and
35
Contingent amendments Schedule 13
Offshore Petroleum and Greenhouse Gas Storage Act 2006 Part 4
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
451
(g) the following amounts paid to NOPSEMA on behalf of the
1
Commonwealth:
2
(i) amounts paid by way of well activity levy imposed by
3
the Regulatory Levies Act;
4
(ii) amounts paid by way of late payment penalty under
5
subsection 688B(2); and
6
(h) the following amounts paid to NOPSEMA on behalf of the
7
Commonwealth:
8
(i) amounts paid by way of environment plan levy imposed
9
by the Regulatory Levies Act;
10
(ii) amounts paid by way of late payment penalty under
11
subsection 688C(2); and
12
(i) any other amounts paid to NOPSEMA, on behalf of the
13
Commonwealth, by a State or the Northern Territory; and
14
(j) any other amounts paid to NOPSEMA on behalf of the
15
Commonwealth.
16
(2) The Finance Minister may give directions about the amounts in
17
which, and the times at which, money payable under
18
paragraph (1)(a) is to be paid to NOPSEMA.
19
(3) If a direction under subsection (2) is given in writing, the direction
20
is not a legislative instrument.
21
(4) If an amount referred to in any of paragraphs (1)(b) to (j) is
22
refunded by the Commonwealth, NOPSEMA must pay to the
23
Commonwealth an amount equal to the refund.
24
(5) The responsible Commonwealth Minister may, on behalf of the
25
Commonwealth, set off an amount payable by NOPSEMA under
26
subsection (4) against an amount that is payable to NOPSEMA
27
under subsection (1).
28
(6) Amounts payable under paragraphs (1)(b) to (j) are to be paid out
29
of the Consolidated Revenue Fund, which is appropriated
30
accordingly.
31
(7) In this section:
32
Finance Minister means the Minister administering the Public
33
Governance, Performance and Accountability Act 2013.
34
Schedule 13 Contingent amendments
Part 4 Offshore Petroleum and Greenhouse Gas Storage Act 2006
452
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Division 3
--Second compliance measures Act has
1
commenced
2
Offshore Petroleum and Greenhouse Gas Storage Act 2006
3
30 Subsection 611L(6)
4
Repeal the subsection, substitute:
5
(6) If NOPSEMA takes one or more actions under subsection (4) or an
6
order under subsection (5), NOPSEMA is entitled to recover from
7
the body, by action in a court, an amount in relation to the
8
reasonable expenses of taking the actions as a debt due to
9
NOPSEMA.
10
(6A) If the Titles Administrator takes one or more actions under
11
subsection (4) or an order under subsection (5), the Titles
12
Administrator is entitled to recover from the body, by action in a
13
court, an amount in relation to the reasonable expenses of taking
14
the actions as a debt due to the Titles Administrator on behalf of
15
the Commonwealth.
16
Contingent amendments Schedule 13
Wheat Export Marketing Act 2008 Part 5
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
453
Part 5
--Wheat Export Marketing Act 2008
1
Wheat Export Marketing Act 2008
2
31 Subsection 58(2)
3
Omit "Special Account for the purposes of the Financial Management
4
and Accountability Act 1997", substitute "special account for the
5
purposes of the Public Governance, Performance and Accountability
6
Act 2013".
7
32 Section 59 (note)
8
Omit "Special Account" (wherever occurring), substitute "special
9
account".
10
33 Section 60 (note)
11
Repeal the note, substitute:
12
Note:
See section 80 of the Public Governance, Performance and
13
Accountability Act 2013 (which deals with special accounts).
14
Schedule 14 Other transitional and application provisions
454
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
Schedule 14
--Other transitional and
1
application provisions
2
3
1 Corporate and strategic plans
4
An amendment made by an item of Schedules 7 to 13 to this Act that
5
relates to a corporate plan or a strategic plan (however described)
6
applies in relation to reporting periods that commence on or after 1 July
7
2015.
8
2 Annual reports
9
An amendment made by an item of Schedules 7 to 13 to this Act that
10
relates to an annual report applies in relation to reporting periods that
11
commence at or after the commencement time.
12
3 Disclosing interests
13
(1)
This item applies (subject to subitem (3)) if:
14
(a) before this item commences, a person discloses an interest in
15
accordance with a provision in an Act; and
16
(b) the provision is:
17
(i) amended; or
18
(ii) repealed; or
19
(iii) repealed and substituted;
20
by an item of Schedules 7 to 13 to this Act.
21
(2)
The person is taken to have disclosed the interest in accordance with
22
section 29 of the PGPA Act and rules made for the purposes of that
23
section.
24
(3)
This item does not apply in relation to amendments or repeals of
25
provisions of the following Acts:
26
(a) the Administrative Appeals Tribunal Act 1975;
27
(b) the Fair Work Act 2009;
28
(c) the Family Law Act 1975;
29
(d) the Federal Circuit Court of Australia Act 1999;
30
(e) the Federal Court of Australia Act 1976;
31
(f) the Native Title Act 1993.
32
Other transitional and application provisions Schedule 14
No. , 2014
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
455
4 Saving instruments in force at commencement time
1
(1)
This item applies if:
2
(a) a provision of an Act provides that an instrument (whether or
3
not a legislative instrument) may be made under, or for the
4
purposes of, the provision; and
5
(b) an instrument made under, or for the purposes of, the
6
provision is in force immediately before the commencement
7
time; and
8
(c) the provision is:
9
(i) amended; or
10
(ii) repealed and substituted;
11
by an item of Schedules 7 to 13 to this Act; and
12
(d) after the provision has been amended or repealed and
13
substituted, the provision still provides in the same or similar
14
terms that an instrument may be made under, or for the
15
purposes of, the provision.
16
(2)
If the provision is amended, the amendment referred to in
17
subparagraph (1)(c)(i) does not affect the continuity of the instrument.
18
(3)
If the provision is repealed and substituted, the instrument is taken, after
19
the commencement time, to have been made under, or for the purposes
20
of, the provision as substituted.
21
5 Amendments to legislative instruments
22
Despite subsections 12(2) and (3) of the Legislative Instruments Act
23
2003, if:
24
(a) a legislative instrument (the amending instrument) is made
25
under an Act (the enabling Act); and
26
(b) the amending instrument amends another legislative
27
instrument made under the enabling Act; and
28
(c) the amendment is consequential on:
29
(i) the amendments or repeals made by this Act; or
30
(ii) the enactment of this Act or the PGPA Act;
31
the amending instrument may be expressed to take effect from a date
32
before the amending instrument is registered under the enabling Act.
33
Schedule 14 Other transitional and application provisions
456
Public Governance, Performance and Accountability (Consequential
and Transitional Provisions) Bill 2014
No. , 2014
6 Transitional rules
1
(1)
The Finance Minister may, by legislative instrument, make rules
2
prescribing matters:
3
(a) required or permitted by this Act to be prescribed by the
4
rules; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
(2)
In particular, for paragraph (1)(a), rules may be made prescribing
8
matters of a transitional nature (including prescribing any saving or
9
application provisions) relating to:
10
(a) the amendments or repeals made by this Act; or
11
(b) the enactment of this Act or the PGPA Act.
12
(3)
Rules made for the purposes of this item may provide that, in or in
13
relation to the first reporting period that commences at or after the
14
commencement time, this Act, the PGPA Act or any other Act has
15
effect with any modifications prescribed by the rules.
16
(4)
This Act does not limit the rules that may be made under this item.
17