Commonwealth Numbered Acts Commonwealth Numbered Acts
Fair Entitlements Guarantee Act 2012
1 Section 5 (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
2 Subsection 52(2) (note)
Repeal the note.
3 Subsection 652(1)
Omit "and give to the Minister, for presentation to the Parliament,".
4 After subsection 652(1)
Insert:
(1A) A report prepared after the end of a financial year must be given to the Minister by 15 October in the next financial year for presentation to the Parliament.
5 Subsection 652(1) (note)
Omit "Note", substitute "Note 1".
6 At the end of subsection 652(1)
Add:
Note 2: The report prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 may be included in the report prepared under this section.
7 Paragraph 658(a)
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
8 Section 664
Repeal the section, substitute:
664 Disclosure of interests to the President
(1) The General Manager must give written notice to the President of all material personal interests that the General Manager has or acquires that relate to the affairs of the FWC.
(2) Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the General Manager.
9 Section 686
Repeal the section, substitute:
To avoid doubt, the requirement on the Fair Work Ombudsman to give an annual report to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 does not require or authorise the disclosure of information for the purposes of the Privacy Act 1988 .
10 Section 691
Repeal the section.
11 Paragraph 693(2)(d)
Repeal the paragraph, substitute:
(d) the Fair Work Ombudsman fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
12 Section 38L
Before "The", insert "(1)".
13 At the end of section 38L
Add:
(2) The Chief Executive Officer must give written notice to the Chief Judge and the Chief Judge of the Federal Circuit Court of all material personal interests that the Chief Executive Officer has that relate to the affairs of the Family Court or the Federal Circuit Court.
(3) Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the Chief Executive Officer.
14 Subsection 38S(1)
Omit "and give to the Attorney-General".
15 At the end of subsection 38S(1)
Add:
Note: The report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 may be included in the report prepared under this section.
16 After subsection 38S(1)
Insert:
(2) A report prepared after 30 June in a year must be given to the Attorney-General by 15 October of that year.
17 Section 114K
Repeal the section.
18 Paragraph 114LB(2)(d)
Repeal the paragraph, substitute:
(d) the Director fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
19 Section 114LC
Repeal the section.
20 Subsection 114LD(1) (note)
Omit "see section 53 of the Financial Management and Accountability Act 1997 ", substitute "see section 110 of the Public Governance, Performance and Accountability Act 2013 ".
Federal Circuit Court of Australia Act 1999
21 Subsection 117(1)
Omit "and give to the Minister".
22 At the end of subsection 117(1)
Add:
Note: The report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 may be included in the report prepared under this section.
23 After subsection 117(1)
Insert:
(2) A report prepared after 30 June in a year must be given to the Minister by 15 October of that year.
Federal Court of Australia Act 1976
24 Section 18L
Before "The", insert "(1)".
25 At the end of section 18L
Add:
(2) The Registrar must give written notice to the Chief Justice of all material personal interests that the Registrar has that relate to the affairs of the Court.
(3) Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the Registrar.
26 Subsection 18S(1)
Omit "and give to the Attorney-General".
27 At the end of subsection 18S(1)
Add:
Note: The report prepared by the Registrar and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 may be included in the report prepared under this section.
28 Subsection 18S(2)
Repeal the subsection, substitute:
(2) A report prepared after 30 June in a year must be given to the Attorney-General by 15 October of that year.
Federal Financial Relations Act 2009
29 Section 4 (definition of drawing right )
Repeal the definition.
30 Subsections 9(3) and (4)
Repeal the subsections, substitute:
(3) Despite subsection (2), if an Appropriation Act relating to a financial year declares that a specified amount is the debit limit for the financial year for the purposes of this section:
(a) the total amount credited to the COAG Reform Fund under paragraph (2)(a) during the financial year; and
(b) the total amount debited from the COAG Reform Fund during the financial year for the purposes of making such grants;
must not exceed that specified amount.
(4) Despite subsection (2), if, for a financial year, no Appropriation Act relating to the financial year declares that a specified amount is the debit limit for the financial year for the purposes of this section:
(a) amounts must not be credited to the COAG Reform Fund under paragraph (2)(a) during the financial year; and
(b) amounts must not be debited from the COAG Reform Fund during the financial year for the purposes of making such grants.
31 Subsections 16(3) and (4)
Repeal the subsections, substitute:
(3) Despite subsection (2), if an Appropriation Act relating to a financial year declares that a specified amount is the debit limit for the financial year for the purposes of this section:
(a) the total amount credited to the COAG Reform Fund under paragraph (2)(a) during the financial year; and
(b) the total amount debited from the COAG Reform Fund during the financial year for the purposes of making such grants;
must not exceed that specified amount.
(4) Despite subsection (2), if, for a financial year, no Appropriation Act relating to the financial year declares that a specified amount is the debit limit for the financial year for the purposes of this section:
(a) amounts must not be credited to the COAG Reform Fund under paragraph (2)(a) during the financial year; and
(b) amounts must not be debited from the COAG Reform Fund during the financial year for the purposes of making such grants.
32 Application
The amendments to sections 4, 9 and 16 of the Federal Financial Relations Act 2009 made by this Schedule apply on and after 1 July 2015.
33 Subsection 6(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
Fisheries Administration Act 1991
34 Paragraph 7(1)(j)
Omit "corporate plans and".
35 Paragraph 10B(4)(a)
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
36 Section 20
Repeal the section, substitute:
Disclosure before appointment
(1) Before starting to hold office, a commissioner must give to the Minister a written statement of any material personal interest that the commissioner has that relates to the affairs of the Commission.
Note: A commissioner, once appointed, must also disclose interests under section 29 of the Public Governance, Performance and Accountability Act 2013 .
Disclosure after appointment
(2) A disclosure by a commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.
(3) Subsection (2) applies in addition to any rules made for the purposes of that section.
(4) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the commissioner is taken not to have complied with section 29 of that Act if the commissioner does not comply with subsection (2) of this section.
Register of interests
(5) The CEO must keep one or more registers of interests disclosed under this section and section 29 of the Public Governance, Performance and Accountability Act 2013 .
37 Paragraph 21(2)(d)
Repeal the paragraph, substitute:
(d) the commissioner fails, without reasonable excuse, to comply with:
(i) subsection 20(1); or
(ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
38 Paragraph 23(6)(a)
Omit "section 24 prevents", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 prevent".
39 Section 24
Repeal the section.
40 Section 72
Repeal the section, substitute:
(1) Before preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the CEO must consult with the peak industry body and with any other person or body considered by the CEO to be appropriate.
(2) A corporate plan must be signed by the Chairperson and the CEO.
41 Subsection 73(1)
Repeal the subsection, substitute:
(1) The Minister may, by written notice given to the CEO:
(a) approve the corporate plan prepared by the CEO and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 ; or
(b) if the Minister thinks that the interests of fisheries management, or any matter relating to fisheries management, so require--request the CEO to revise the plan appropriately.
42 Subsection 73(3)
Omit "Authority", substitute "CEO".
43 Subsection 73(3)
Omit "it", substitute "he or she".
44 Paragraph 73(4)(b)
Omit "Authority", substitute "CEO".
45 Section 74 (heading)
Repeal the heading, substitute:
74 Variation of corporate plan
46 Subsection 74(1)
Omit "Authority", substitute "CEO".
47 Subsection 74(2)
Omit "Authority" (first and second occurring), substitute "CEO".
48 Subsection 74(2)
Omit "Authority's", substitute "CEO's".
49 Subsection 74(3)
Omit "Authority", substitute "CEO".
50 Subsection 74(4)
Omit "Authority" (wherever occurring), substitute "CEO".
51 Subsection 75(1)
Omit "Authority written notice requesting it", substitute "CEO written notice requesting him or her".
52 Subsection 75(3)
Omit "Authority" (wherever occurring), substitute "CEO".
53 Subsection 75(4)
Omit "Authority", substitute "CEO".
54 Section 76
Omit "Authority" (wherever occurring), substitute "CEO".
55 Subsection 77(1)
Omit "Authority", substitute "CEO".
56 Paragraph 77(2)(c)
Omit "Authority" (first occurring), substitute "CEO".
57 Subsection 78(1)
Omit "Authority" (wherever occurring), substitute "CEO".
58 Subsection 78(3)
Omit "Authority", substitute "CEO".
59 Subsection 78(3)
Omit "it", substitute "he or she".
60 Paragraph 78(4)(b)
Omit "Authority", substitute "CEO".
61 Subsection 79(2)
Omit "Authority", substitute "CEO".
62 Section 87
Repeal the section, substitute:
The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:
(a) an assessment of the extent to which the operations of the Authority during the period have contributed to the objectives set out in the annual operational plan that relates to the period; and
(b) particulars of:
(i) variations (if any) of the annual operational plan taking effect during that period; and
(ii) significant changes to plans of management and the introduction of new plans of management during that period; and
(iii) the effectiveness or otherwise of the operation of plans of management during that period; and
(iv) any directions given to the Authority by the Minister under section 91 during that period; and
(c) an evaluation of the Authority's overall performance against the performance indicators set out in the annual operational plan that came into force at the beginning of that period.
63 Subsection 89(1)
Repeal the subsection, substitute:
(1) Where an annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period has been laid before each House of the Parliament, the Chairperson of the Commission is to:
(a) give to the peak industry body a copy of the report; and
(b) request a meeting with the governing body of the peak industry body.
64 Paragraph 91(3)(b)
Omit "year", substitute "period".
65 Subsection 94B(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
66 Section 94C (note)
Omit "Special Account" (wherever occurring), substitute "special account".
Food Standards Australia New Zealand Act 1991
67 Subsection 4(1) (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
68 Subsection 12(2) (note)
Repeal the note, substitute:
Note: The Public Governance, Performance and Accountability Act 2013 applies to the Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
69 Subsection 15(4)
Omit " section 28 of the Commonwealth Authorities and Companies Act 1997 ", substitute " section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities)".
70 After subsection 125(4)
Insert:
(4A) Subsection (4) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
71 At the end of subsection 125(5)
Add "that have been disclosed under this section or for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".
72 Paragraph 127(2)(b)
Omit "of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ".
73 At the end of subsection 127(2)
Add:
Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
74 Subsection 139(3)
Repeal the subsection, substitute:
(3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013 , of money that is not immediately required for the purposes of the Authority.
75 Section 141
Omit "(1)".
76 Paragraph 141(1)(b)
Omit "referred to in subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".
77 Subsection 152(1)
Omit "each report on the Authority under section 9 of the Commonwealth Authorities and Companies Act 1997 for a financial year (the current year )", substitute "each annual report prepared under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period (the current period )".
78 Paragraphs 152(1)(aa) to (ae)
Omit "year" (wherever occurring), substitute "period".
79 Paragraph 152(1)(af)
Omit "financial year that the Authority had not begun to assess under section 29 before the end of the current year", substitute "period that the Authority had not begun to assess under section 29 before the end of the current period".
80 Paragraphs 152(1)(a) to (f)
Omit "year", substitute "period".
81 Paragraph 152(1)(fa)
Omit "financial year that the Authority had begun to assess under section 29 before the end of the current year, but that the Authority had not disposed of before the end of the current year", substitute "period that the Authority had begun to assess under section 29 before the end of the current period, but that the Authority had not disposed of before the end of the current period".
82 Paragraphs 152(1)(g) to (l)
Omit "year", substitute "period".
83 Paragraphs 152(1)(la) and (lb)
Repeal the paragraphs, substitute:
(la) the number of proposals prepared under section 55 during the current period that the Authority had not begun to assess under section 59 during that period; and
(lb) the number of proposals prepared under section 55 during a previous period that the Authority had not begun to assess under section 59 before the end of the current period; and
84 Paragraphs 152(1)(n) and (o)
Omit "year", substitute "period".
85 Paragraph 152(1)(pa)
Repeal the paragraph, substitute:
(pa) the number of proposals prepared under section 55 during a previous period that the Authority had begun to assess under section 59 before the end of the current period, but that the Authority had not disposed of before the end of the current period; and
86 Paragraphs 152(1)(pc) to (y)
Omit "year", substitute "period".
87 After section 152
Insert:
Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the members.
Foreign Passports (Law Enforcement and Security) Act 2005
88 Subsection 14(2) (paragraph (c) of the definition of competent authority )
Omit "an agency (within the meaning of the Financial Management and Accountability Act 1997 )", substitute "a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 )".
89 Subsection 15(2) (subparagraph (b)(iii) of the definition of competent authority )
Omit "an agency (within the meaning of the Financial Management and Accountability Act 1997 )", substitute "a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 )".
Freedom of Information Act 1982
90 Subsection 93(2)
Omit "under section 30", substitute "mentioned in section 30".
Fringe Benefits Tax (Application to the Commonwealth) Act 1986
91 Subsection 3(1) (definition of Finance Department )
Repeal the definition, substitute:
"Finance Department" means the Department that is administered by the Finance Minister.
92 Section 5
Insert:
"accountable authority" has the meaning given by the Public Governance, Performance and Accountability Act 2013 .
93 Section 5 (definition of bank )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
94 Section 5 (definition of Commonwealth company )
Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
95 Section 5 (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
96 Subsection 12(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
97 Subsection 12(2) (note 2)
Omit "Special Account" (wherever occurring), substitute "special account".
98 Subsection 17(6)
Omit " Section 39 of the Financial Management and Accountability Act 1997 ", substitute " Section 58 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by the Commonwealth)".
99 Section 29
Repeal the section.
100 At the end of subsection 37(1)
Add:
Note: The Board is not a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013 (see subsection 10(2) of that Act).
101 Paragraphs 63(2)(b) and (c)
Repeal the paragraphs, substitute:
(b) the Public Governance, Performance and Accountability Act 2013 ; or
(c) rules or any other legislative instrument made under the Public Governance, Performance and Accountability Act 2013 ;
102 Paragraph 79(a)
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
103 Section 80
Repeal the section, substitute:
80 Application of the Public Governance, Performance and Accountability Act 2013
(1) The provisions of the Public Governance, Performance and Accountability Act 2013 referred to in subsection (2) have effect as if:
(a) the Board and the Agency were a single Commonwealth entity; and
(b) the Chair were the accountable authority of that single Commonwealth entity; and
(c) an annual report given to the Minister under section 46 of that Act were an annual report for that single Commonwealth entity; and
(d) the nominated Minister were the responsible Minister; and
(e) if the Agency is a listed entity for the purposes of that Act--the Agency were not a Commonwealth entity in its own right.
Note: The Board is not a Commonwealth entity (see subsection 10(2) of the Public Governance, Performance and Accountability Act 2013 ).
(2) The provisions of the Public Governance, Performance and Accountability Act 2013 are the following:
(a) Division 3 of Part 2-3 (which deals with performance of Commonwealth entities);
(b) Division 4 of Part 2-3 (which deals with financial reporting and auditing for Commonwealth entities), except section 44;
(c) Division 5 of Part 2-3 (which deals with audit committees for Commonwealth entities);
(d) Division 6 of Part 2-3 (which deals with annual reports for Commonwealth entities).
Note: This means, for example, that there will be:
(a) a single set of accounts and records for both the Board and the Agency; and
(b) a single set of annual financial statements in relation to both the Board and the Agency; and
(c) auditing of the single set of annual financial statements; and
(d) a single audit committee for both the Board and the Agency.
104 Subsection 81(1)
Omit "The Chair must, as soon as practicable after the end of each financial year, prepare and give to the nominated Minister a report of", substitute "The annual report given to the nominated Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include".
105 Paragraphs 81(1)(a) and (b)
Repeal the paragraphs.
106 Subsection 81(1)
Omit "during the financial year", substitute "during the period".
107 Subsection 81(1A)
Omit "under subsection (1) for a financial year", substitute "referred to in subsection (1) for a period".
108 Subsection 81(1A)
Omit "during the financial year", substitute "during the period".
109 Subsection 81(1B)
Omit "under subsection (1) for a financial year", substitute "referred to in subsection (1) for a period".
110 Subsection 81(1B)
Omit "during the financial year", substitute "during the period".
111 Subsection 81(1C)
Omit "under subsection (1) for a financial year", substitute "referred to in subsection (1) for a period".
112 Subsection 81(1C)
Omit "during the financial year", substitute "during the period".
113 Subsections 81(2) to (2C)
Omit "under this section", substitute "referred to in subsection (1)".
114 Subsection 81(3)
Repeal the subsection (including the heading).
115 Before subsection 81(4)
Insert:
Nominated Minister to gives copies of report to other Ministers
116 Subsection 81(4)
Omit "under this section", substitute "referred to in subsection (1)".
117 Subclause 2(1) of Schedule 2 (note 1)
Repeal the note, substitute:
Note 1: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
118 Subclause 2(2) of Schedule 2 (note)
Repeal the note, substitute:
Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
119 Section 117
Omit:
Division 3 provides for financial matters, including the establishment of a Special Account, called the Gene Technology Account.
substitute:
Division 3 provides for financial matters, including the establishment of a special account, called the Gene Technology Account.
120 Subsection 128(2)
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
121 Subsection 129(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
122 Subsection 130(1) (note)
Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".
Governance of Australian Government Superannuation Schemes Act 2011
123 Section 4 (definition of bank )
Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
124 Section 5 (note 2)
Repeal the note, substitute:
Note 2: Subject to section 6 of this Act, the Public Governance, Performance and Accountability Act 2013 applies to CSC. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
125 Section 6
Repeal the section, substitute:
6 Application of the Public Governance, Performance and Accountability Act 2013
Despite section 5 of this Act, the following provisions of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to CSC's management and investment of money that forms part of a superannuation fund administered by CSC:
(a) subsection 15(2) (which deals with the duty to govern a Commonwealth entity);
(b) paragraphs 19(1)(c), (d) and (e) (which deal with the duty to keep the Minister informed);
(c) section 36 (which deals with budget estimates);
(d) section 59 (which deals with investment);
(e) section 72 (which deals with the Minister informing Parliament of certain events);
(f) any other provision of that Act prescribed by regulations made for the purposes of this Act.
126 Subsection 17(3)
Repeal the subsection, substitute:
(3) The Minister may terminate the appointment of a director if the director's continuation in office would contravene a SIS fitness and propriety standard.
127 At the end of subsection 17(4)
Add:
Note: The appointment of a director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).
128 Subsection 17(5)
Omit "paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997 ", substitute "paragraph 19(1)(a) or (b) of the Public Governance, Performance and Accountability Act 2013 ".
129 At the end of section 17
Add:
Consultation and consent requirements for termination under the Public Governance, Performance and Accountability Act 2013
(10) Subsections (6), (7), (8) and (9) apply (subject to subsection (11)) in relation to the termination of the appointment of a director under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as they apply to the termination of the appointment of a director under this section.
(11) However, subsections (7), (8) and (9) (as they apply because of subsection (10)) do not apply in relation to the termination of the appointment of a director under section 30 of that Act on the ground of a failure to comply with section 29 of that Act (which deals with the duty to disclose interests) or rules made for the purposes of that section.
130 Subparagraph 21(2)(a)(ii)
Repeal the subparagraph, substitute:
(ii) rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ;
131 Paragraph 21(2)(a)
Omit "prevents", substitute "prevent".
132 At the end of section 22
Add:
(8) This section applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
133 Paragraph 24(3)(b)
Repeal the paragraph, substitute:
(b) a director who is prevented by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision.
134 At the end of subsection 30(1)
Add:
Note: A report prepared under this section is in addition to a report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 .
135 Subsection 2A(2) (definition of Finance Department )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
136 Subsections 4C(2) and (3) and 4D(3) (note)
Repeal the note.
137 Subsection 4E(11)
Omit " Financial Management and Accountability Act 1997 ) who is in the designated Department or is part of the designated Department", substitute " Public Governance, Performance and Accountability Act 2013 ) of the designated Department".
138 Section 19
Repeal the section.
Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013
139 After paragraph 33(3)(a) of Schedule 2
Insert:
(aa) the investment, under section 59 of the Public Governance, Performance and Accountability Act 2013 , of money that is not immediately required for the purposes of the Australian Grape and Wine Authority; or
Great Barrier Reef Marine Park Act 1975
140 Subsection 3(1)
Insert:
"corporate Commonwealth entity" has the meaning given by the Public Governance, Performance and Accountability Act 2013 .
"official" has the meaning given by the Public Governance, Performance and Accountability Act 2013 .
141 Paragraph 8B(a)
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
142 Paragraph 16(2)(e)
Repeal the paragraph, substitute:
(e) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;
143 Sections 16A and 16B
Repeal the sections, substitute:
16A Disclosure of interest to the Minister
(1) A disclosure by a member under section 29 of the Public Governance, Performance and Accountability Act 201 3 (which deals with the duty to disclose interests) must be made to the Minister.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , a member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.
144 Division 5A of Part VA
Repeal the Division, substitute:
Division 5A -- Application of the Public Governance, Performance and Accountability Act 2013
Despite subsection 105(2) of the Public Governance, Performance and Accountability Act 2013 , a collected amount is not other CRF money for the purposes of that Act.
145 Subsection 43(3)
Omit "officer or employee of a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997 )", substitute "official of a corporate Commonwealth entity".
146 Paragraphs 43(3)(a) and (b)
Omit "officer or employee", substitute "official".
147 Subsection 43A(2) (heading)
Repeal the heading, substitute:
Arrangements with corporate Commonwealth entities
148 Subsection 43A(2)
Omit "Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997 ) for officers or employees of the authority", substitute "corporate Commonwealth entity for officials of the entity".
149 Subsection 43A(2) (note)
Omit "officer or employee", substitute "official".
150 Paragraph 47(1)(d)
Omit "an officer or employee of a Commonwealth authority (within the meaning of the Commonwealth Authorities and Companies Act 1997 )", substitute "an official of a corporate Commonwealth entity".
151 Subsection 48A(2)
Repeal the subsection, substitute:
Arrangements with corporate Commonwealth entities
(2) The Authority may enter into an arrangement with a corporate Commonwealth entity in relation to officials of the entity for the purposes of allowing powers or functions to be delegated or sub-delegated under section 47 to the officials.
Note: An arrangement must be in force before a power or function can be delegated to an official (see paragraph 47(1)(d)).
152 Subsection 49(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
153 Section 50 (note)
Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".
154 Section 53
Repeal the section, substitute:
The annual report prepared by the Chairperson and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of all directions given by the Minister during the period under subsection 7(2) or 46(2) of this Act.
Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the Chairperson.
155 Paragraph 59F(7)(d)
Repeal the paragraph, substitute:
(d) if an arrangement is in force under subsection 48A(2) between the Authority and a corporate Commonwealth entity:
(i) the entity; or
(ii) if the entity is constituted by, or is administered by a body consisting of, 2 or more persons--the Chairperson of the entity or of the body, as the case may be; or
(iii) the chief executive officer of the entity.
156 Subsection 65A(3) (note)
Repeal the note, substitute:
Note: For the appropriation for the refund, see section 77 of the Public Governance, Performance and Accountability Act 2013 .
157 Section 106ZQ
Repeal the section.
Health Insurance Commission (Reform and Separation of Functions) Act 1997
158 Subsection 13(2)
Omit " Section 29 of the Commonwealth Authorities and Companies Act 1997 ", substitute " Section 86 of the Public Governance, Performance and Accountability Act 2013 (which deals with subsidiaries of corporate Commonwealth entities)".
High Court of Australia Act 1979
159 Subsection 4(1) (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
160 Subsection 39(3)
Omit " Financial Management and Accountability Act 1997 )", substitute " Public Governance, Performance and Accountability Act 2013 ) of a non-corporate Commonwealth entity (within the meaning of that Act)".
Immigration (Education) Charge Act 1992
161 Subsection 3(2) (definition of Finance Department )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
Indigenous Education (Targeted Assistance) Act 2000
162 Section 4 (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
Industrial Chemicals (Notification and Assessment) Act 1989
163 Subsection 100A(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
164 Section 100B
Omit "(1)" (first occurring).
165 Section 100B (note)
Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".
Inspector-General of Intelligence and Security Act 1986
166 Paragraph 30(2)(c)
Repeal the paragraph, substitute:
(c) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section;
167 Section 31
Repeal the section.
168 Subsection 35(1)
Repeal the subsection.
169 Subsection 35(2)
Omit "a report prepared under subsection (1)", substitute "an annual report prepared by the Inspector-General and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period".
170 Subsection 35(2)
Omit "year", substitute "period".
171 Subsection 35(2A)
Omit "prepared under subsection (1) the Inspector-General's comments on any inspection conducted under section 9A during the year", substitute "referred to in subsection (2) the Inspector-General's comments on any inspection conducted under section 9A during the period".
172 Subsection 35(2AA)
Omit "prepared under subsection (1)", substitute "referred to in subsection (2)".
173 Paragraph 35(2AA)(a)
Omit "year" (wherever occurring), substitute "period".
174 Paragraph 35(2AA)(b)
Omit "year", substitute "period".
175 Subsection 35(2B)
Omit "prepared under subsection (1)", substitute "referred to in subsection (2)".
176 Subsection 35(2B)
Omit "during the year", substitute "during the period".
177 Subsections 35(3) to (5)
Omit "furnished under subsection (1)", substitute "referred to in subsection (2)".
Inspector-General of Taxation Act 2003
178 Subsection 22(4)
Omit "or 41", substitute "or referred to in section 41".
179 Subsection 23(1)
Omit "or 41", substitute "or referred to in section 41".
180 Subsection 24(1)
Omit "or 41", substitute "or referred to in section 41".
181 Subsection 25(1)
Omit "or 41", substitute "or referred to in section 41".
182 Subsection 25(2) (note)
Omit "under section 41", substitute "referred to in section 41".
183 Paragraph 26(1)(b)
Omit "or 41", substitute "or referred to in section 41".
184 Subsection 27(1)
Omit "or 41", substitute "or referred to in section 41".
185 Section 33
Repeal the section.
186 Paragraph 35(1)(g)
Repeal the paragraph, substitute:
(g) fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
187 Subparagraphs 39(1)(e)(v) and (2)(c)(v)
Omit "or 41", substitute "or referred to in section 41".
188 Section 41
Repeal the section, substitute:
The annual report prepared by the Inspector-General and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include details of any directions given by the Minister under subsection 8(2) of this Act during the period.
Note: For limitations on what may be included in annual reports, see the following provisions:
(a) section 22 (information that would be prejudicial to the public interest);
(b) section 23 (taxpayer information);
(c) section 24 (identifying tax officials);
(d) section 25 (criticising the ATO or tax officials);
(e) section 26 (confidential submissions);
(f) section 27 (legal professional privilege).
189 Subsection 3(1) (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
190 Subsection 131A(2) (heading)
Repeal the heading, substitute:
Specifying amounts to be credited to special account
191 Subsection 131A(2) (note)
Omit "Special Account", substitute "special account".
192 Subsection 131A(4)
Omit " subsection 21(2) of the Financial Management and Accountability Act 1997 ", substitute " subsection 80(3) of the Public Governance, Performance and Accountability Act 2013 ".
Intelligence Services Act 2001
193 Paragraph 23(2)(d)
Repeal the paragraph, substitute:
(d) the Director-General fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
194 Section 26
Repeal the section.
Interstate Road Transport Act 1985
195 Subsection 21(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
196 Subsections 20A(2) and 20B(3) (note)
Repeal the note.
197 Subsection 20C(12)
Omit " Financial Management and Accountability Act 1997 ) who is in the Department or is part of the Department", substitute " Public Governance, Performance and Accountability Act 2013 ) of the Department".
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012
198 Subsection 76(4)
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
199 Section 79
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
200 Section 55I (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
201 Section 55M (note)
Repeal the note, substitute:
Note: The Public Governance, Performance and Accountability Act 2013 applies to the AGS. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
202 Subsection 55S(2)
Omit "the director of the AGS for the purposes of the Commonwealth Authorities and Companies Act 1997 ", substitute "the accountable authority of the AGS for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
203 Section 55W
Before "The", insert "(1)".
204 At the end of section 55W
Add:
(2) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to the CEO despite subsection 30(6) of that Act.
205 Section 55X
Repeal the section, substitute:
(1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 201 3 (which deals with the duty to disclose interests) must be made to the Finance Minister.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.
206 Subsection 89A(2)
Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".
Law Enforcement Integrity Commissioner Act 2006
207 Paragraph 183(2)(d)
Repeal the paragraph, substitute:
(d) the Integrity Commissioner fails to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
208 Section 184
Repeal the section.
209 Section 194
Repeal the section, substitute:
(1) A disclosure by an Assistant Integrity Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.
(2) Subsection (1) applies in addition to any rules made for the purposes of that section.
(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , an Assistant Integrity Commissioner is taken not to have complied with section 29 of that Act if he or she does not comply with subsection (1) of this section.
210 Section 201
Repeal the section, substitute:
The annual report prepared by the Integrity Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:
(a) the prescribed particulars of:
(i) corruption issues notified to the Integrity Commissioner under section 19 during the period; and
(ii) corruption issues raised by allegations or information referred to the Integrity Commissioner under sections 18 and 23 during that period; and
(iii) corruption issues dealt with by the Integrity Commissioner on his or her own initiative during that period; and
(iv) corruption issues investigated by the Integrity Commissioner during that period; and
(v) corruption issues that the Integrity Commissioner referred to a government agency for investigation during that period; and
(vi) ACLEI corruption issues investigated during that period; and
(vii) certificates issued under section 149 during that period;
(b) a description of investigations conducted by the Integrity Commissioner during the period that the Integrity Commissioner considers raise significant issues or developments in law enforcement;
(c) a description, which may include statistics, of any patterns or trends, and the nature and scope, of corruption in:
(i) law enforcement agencies; and
(ii) other Commonwealth government agencies that have law enforcement functions;
that have come to the Integrity Commissioner's attention during that period in the performance of his or her functions;
(d) any recommendations for changes to:
(i) the laws of the Commonwealth; or
(ii) administrative practices of Commonwealth government agencies;
that the Integrity Commissioner, as a result of performing his or her functions during that period, considers should be made;
(e) the extent to which investigations by the Integrity Commissioner have resulted in the prosecution in that period of persons for offences;
(f) the extent to which investigations by the Integrity Commissioner have resulted in confiscation proceedings in that period;
(g) details of the number and results of:
(i) applications made to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under this Act; and
(ii) other court proceedings involving the Integrity Commissioner;
being applications and proceedings that were determined, or otherwise disposed of, during that period.
211 Section 202
Omit "under section 201", substitute "referred to in section 201".
212 Subsections 206(1) and (2)
Omit "under section 201", substitute "referred to in section 201".
213 Subparagraph 215(1)(c)(i)
Omit "prepared by the Integrity Commissioner under section 201", substitute "referred to in section 201 that is prepared by the Integrity Commissioner".
Legislative Instruments Act 2003
214 Subsection 7(1) (table item 5, paragraph (a) in column headed "Particulars of instrument")
Omit " section 34 of the Commonwealth Authorities and Companies Act 1997 ", substitute "the Public Governance, Performance and Accountability Act 2013 ".
215 Subsection 7(1) (table item 5, paragraph (b) in column headed "Particulars of instrument")
Omit "Commonwealth authority within the meaning of section 7", substitute "corporate Commonwealth entity within the meaning".
216 Subsection 251A(2) (heading)
Repeal the heading, substitute:
Specifying amounts to be credited to special account
217 Subsection 251A(2) (note)
Omit "Special Account", substitute "special account".
218 Subsection 251A(4)
Omit " subsection 21(2) of the Financial Management and Accountability Act 1997 ", substitute " subsection 80(3) of the Public Governance, Performance and Accountability Act 2013 ".
219 Schedule (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
220 Section 2 (definition of Finance Minister )
Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".
221 Subsection 5BA(7)
Omit " section 39 of the Financial Management and Accountability Act 1997 ", substitute " section 58 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by the Commonwealth".
Local Government (Financial Assistance) Act 1995
222 Subsection 18B(8)
Omit " Financial Management and Accountability Act 1997 ) who is in the Department or is part of the Department", substitute " Public Governance, Performance and Accountability Act 2013 ) of the Department".
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