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PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2014 - NOTES

No. 62, 2014

Compilation No. 2

Compilation date:    5 March 2016

Includes amendments up to: Act No. 126, 2015

Registered:    9 May 2016

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

4 Definitions

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

Part 2--Other application provisions

Part 3--Amendments

Public Governance, Performance and Accountability Act 2013

Schedule 2--Amendment of the Financial Management and Accountability Act 1997

Part 1--Amendments

Financial Management and Accountability Act 1997

Part 2--Transitional and application provisions

Division 1--Transitional and application provisions

Division 2--Continuation of instruments

Schedule 3--Repeal of the Commonwealth Authorities and Companies Act 1997

Part 1--Repeal

Commonwealth Authorities and Companies Act 1997

Part 2--Transitional and application provisions

Schedule 4--Auditor-General Act 1997 and related amendments

Part 1--Amendments

Auditor-General Act 1997

Norfolk Island Act 1979

Public Accounts and Audit Committee Act 1951

Part 2--Application provisions

Schedule 5--Corporate status of bodies

Part 1--Bodies ceasing to be bodies corporate

Australian Communications and Media Authority Act 2005

Fisheries Administration Act 1991

Great Barrier Reef Marine Park Act 1975

National Environment Protection Council Act 1994

Telecommunications Universal Service Management Agency Act 2012

Part 2--Transitional provisions for bodies ceasing to be bodies corporate

Division 1--Introduction

Division 2--General transitional provisions

Division 3--Miscellaneous

Part 3--APVMA continuing as a body corporate

Agricultural and Veterinary Chemicals (Administration) Act 1992

Part 4--Other bodies continuing as bodies corporate

Australian Human Rights Commission Act 1986

National Health Reform Act 2011

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Water Act 2007

Part 5--Transitional provisions for bodies continuing as bodies corporate

Division 1--Introduction

Division 2--General transitional provisions

Division 3--Miscellaneous

Part 6--Bodies corporate treated as non-corporate for the purposes of the finance law

Australian Prudential Regulation Authority Act 1998

Australian Securities and Investments Commission Act 2001

Competition and Consumer Act 2010

Schedule 6--Listed entities

Administrative Appeals Tribunal Act 1975

Archives Act 1983

Asbestos Safety and Eradication Agency Act 2013

Auditor-General Act 1997

Australian Aged Care Quality Agency Act 2013

Australian Bureau of Statistics Act 1975

Australian Capital Territory (Planning and Land Management) Act 1988

Australian Centre for International Agricultural Research Act 1982

Australian Communications and Media Authority Act 2005

Australian Crime Commission Act 2002

Australian Federal Police Act 1979

Australian Information Commissioner Act 2010

Australian Law Reform Commission Act 1996

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

Australian Prudential Regulation Authority Act 1998

Australian Radiation Protection and Nuclear Safety Act 1998

Australian Research Council Act 2001

Australian Securities and Investments Commission Act 2001

Australian Sports Anti-Doping Authority Act 2006

Australian Trade Commission Act 1985

Bankruptcy Act 1966

Cancer Australia Act 2006

Commonwealth Electoral Act 1918

Commonwealth Grants Commission Act 1973

Competition and Consumer Act 2010

ComSuper Act 2011

Criminology Research Act 1971

Customs Administration Act 1985

Director of Public Prosecutions Act 1983

Fair Work Act 2009

Family Law Act 1975

Federal Court of Australia Act 1976

Fisheries Administration Act 1991

Future Fund Act 2006

Governor-General Act 1974

Great Barrier Reef Marine Park Act 1975

Health Insurance Act 1973

Inspector-General of Intelligence and Security Act 1986

Inspector-General of Taxation Act 2003

Intelligence Services Act 2001

Law Enforcement Integrity Commissioner Act 2006

Meteorology Act 1955

National Blood Authority Act 2003

National Health and Medical Research Council Act 1992

National Health Reform Act 2011

National Vocational Education and Training Regulator Act 2011

National Water Commission Act 2004

Office of National Assessments Act 1977

Ombudsman Act 1976

Parliamentary Counsel Act 1970

Private Health Insurance Act 2007

Productivity Commission Act 1998

Safe Work Australia Act 2008

Telecommunications Universal Service Management Agency Act 2012

Tertiary Education Quality and Standards Agency Act 2011

Transport Safety Investigation Act 2003

Workplace Gender Equality Act 2012

Schedule 7--Amendments of Acts starting with A

Aboriginal and Torres Strait Islander Act 2005

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

Aboriginal Land Rights (Northern Territory) Act 1976

Administrative Appeals Tribunal Act 1975

Administrative Decisions (Judicial Review) Act 1977

Aged Care (Bond Security) Act 2006

Agricultural and Veterinary Chemicals (Administration) Act 1992

Aircraft Noise Levy Collection Act 1995

Airports (Transitional) Act 1996

Air Services Act 1995

Albury-Wodonga Development Act 1973

A New Tax System (Australian Business Number) Act 1999

A New Tax System (Luxury Car Tax) Act 1999

A New Tax System (Wine Equalisation Tax) Act 1999

Archives Act 1983

Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005

Asbestos Safety and Eradication Agency Act 2013

Australia Council Act 2013

Australian Aged Care Quality Agency Act 2013

Australian Broadcasting Corporation Act 1983

Australian Bureau of Statistics Act 1975

Australian Capital Territory (Planning and Land Management) Act 1988

Australian Capital Territory (Self-Government) Act 1988

Australian Centre for International Agricultural Research Act 1982

Australian Civilian Corps Act 2011

Australian Communications and Media Authority Act 2005

Australian Crime Commission Act 2002

Australian Curriculum, Assessment and Reporting Authority Act 2008

Australian Federal Police Act 1979

Australian Film, Television and Radio School Act 1973

Australian Hearing Services Act 1991

Australian Human Rights Commission Act 1986

Australian Information Commissioner Act 2010

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

Australian Institute of Health and Welfare Act 1987

Australian Institute of Marine Science Act 1972

Australian Law Reform Commission Act 1996

Australian Maritime Safety Authority Act 1990

Australian National Maritime Museum Act 1990

Australian National University Act 1991

Australian Nuclear Science and Technology Organisation Act 1987

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

Australian Passports Act 2005

Australian Postal Corporation Act 1989

Australian Prudential Regulation Authority Act 1998

Australian Radiation Protection and Nuclear Safety Act 1998

Australian Research Council Act 2001

Australian Security Intelligence Organisation Act 1979

Australian Sports Anti-Doping Authority Act 2006

Australian Sports Commission Act 1989

Australian Trade Commission Act 1985

Australian War Memorial Act 1980

Autonomous Sanctions Act 2011

Schedule 8--Amendments of Acts starting with B to E

Banking Act 1959

Bankruptcy Act 1966

Cancer Australia Act 2006

Charter of Budget Honesty Act 1998

Charter of the United Nations Act 1945

Child Support (Registration and Collection) Act 1988

Civil Aviation Act 1988

Classification (Publications, Films and Computer Games) Act 1995

COAG Reform Fund Act 2008

Coal Mining Industry (Long Service Leave) Administration Act 1992

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

Coastal Trading (Revitalising Australian Shipping) Act 2012

Commonwealth Electoral Act 1918

Commonwealth Inscribed Stock Act 1911

Commonwealth Places (Application of Laws) Act 1970

Commonwealth Places (Mirror Taxes) Act 1998

ComSuper Act 2011

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Crimes (Superannuation Benefits) Act 1989

Criminology Research Act 1971

CSL Sale Act 1993

Customs Act 1901

Customs Administration Act 1985

Dairy Produce Act 1986

Defence Act 1903

Defence Force Discipline Appeals Act 1955

Defence Force Retirement and Death Benefits Act 1973

Defence Forces Retirement Benefits Act 1948

Defence Forces Retirement Benefits (Pension Increases) Act 1967

Defence Home Ownership Assistance Scheme Act 2008

Defence Housing Australia Act 1987

Defence Reserve Service (Protection) Act 2001

Defence Service Homes Act 1918

Defence Trade Controls Act 2012

Director of Public Prosecutions Act 1983

DisabilityCare Australia Fund Act 2013

Early Years Quality Fund Special Account Act 2013

Education Services for Overseas Students Act 2000

Environment Protection and Biodiversity Conservation Act 1999

Excise Act 1901

Export Finance and Insurance Corporation Act 1991

Schedule 9--Amendments of Acts starting with F to L

Fair Entitlements Guarantee Act 2012

Fair Work Act 2009

Family Law Act 1975

Federal Circuit Court of Australia Act 1999

Federal Court of Australia Act 1976

Federal Financial Relations Act 2009

Financial Agreement Act 1994

Fisheries Administration Act 1991

Food Standards Australia New Zealand Act 1991

Foreign Passports (Law Enforcement and Security) Act 2005

Freedom of Information Act 1982

Fringe Benefits Tax (Application to the Commonwealth) Act 1986

Future Fund Act 2006

Gene Technology Act 2000

Governance of Australian Government Superannuation Schemes Act 2011

Governor-General Act 1974

Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013

Great Barrier Reef Marine Park Act 1975

Health Insurance Act 1973

Health Insurance Commission (Reform and Separation of Functions) Act 1997

High Court of Australia Act 1979

Immigration (Education) Charge Act 1992

Indigenous Education (Targeted Assistance) Act 2000

Industrial Chemicals (Notification and Assessment) Act 1989

Inspector-General of Intelligence and Security Act 1986

Inspector-General of Taxation Act 2003

Insurance Act 1973

Intelligence Services Act 2001

Interstate Road Transport Act 1985

Judges' Pensions Act 1968

Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012

Judiciary Act 1903

Lands Acquisition Act 1989

Law Enforcement Integrity Commissioner Act 2006

Legislative Instruments Act 2003

Life Insurance Act 1995

Loans Securities Act 1919

Local Government (Financial Assistance) Act 1995

Schedule 10--Amendments of Acts starting with M or N

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

Medibank Private Sale Act 2006

Medical Indemnity Act 2002

Members of Parliament (Staff) Act 1984

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

Military Rehabilitation and Compensation Act 2004

Military Superannuation and Benefits Act 1991

Moomba-Sydney Pipeline System Sale Act 1994

National Blood Authority Act 2003

National Broadband Network Companies Act 2011

National Cattle Disease Eradication Account Act 1991

National Consumer Credit Protection Act 2009

National Disability Insurance Scheme Act 2013

National Film and Sound Archive of Australia Act 2008

National Gallery Act 1975

National Health Act 1953

National Health and Medical Research Council Act 1992

National Health Reform Act 2011

National Library Act 1960

National Museum of Australia Act 1980

National Portrait Gallery of Australia Act 2012

National Radioactive Waste Management Act 2012

National Residue Survey Administration Act 1992

National Transport Commission Act 2003

National Vocational Education and Training Regulator Act 2011

National Water Commission Act 2004

Nation-building Funds Act 2008

Native Title Act 1993

Natural Heritage Trust of Australia Act 1997

Natural Resources Management (Financial Assistance) Act 1992

Navigation Act 2012

Norfolk Island Act 1979

Northern Territory (Lessees' Loans Guarantee) Act 1954

Northern Territory (Self-Government) Act 1978

Schedule 11--Amendments of Acts starting with O to R

Office of National Assessments Act 1977

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Ombudsman Act 1976

Paid Parental Leave Act 2010

Papua New Guinea (Staffing Assistance) Act 1973

Parliamentary Contributory Superannuation Act 1948

Parliamentary Counsel Act 1970

Parliamentary Service Act 1999

Postal and Telecommunications Commissions (Transitional Provisions) Act 1975

Primary Industries Levies and Charges Collection Act 1991

Primary Industries Research and Development Act 1989

Private Health Insurance Act 2007

Proceeds of Crime Act 1987

Proceeds of Crime Act 2002

Productivity Commission Act 1998

Protection of Movable Cultural Heritage Act 1986

Public Accounts and Audit Committee Act 1951

Public Interest Disclosure Act 2013

Public Service Act 1999

Quarantine Act 1908

Quarantine Charges (Collection) Act 2014

Remuneration Tribunal Act 1973

Research Involving Human Embryos Act 2002

Reserve Bank Act 1959

Road Safety Remuneration Act 2012

Royal Australian Air Force Veterans' Residences Act 1953

Royal Commissions Act 1902

Schedule 12--Amendments of Acts starting with S to W

Safety, Rehabilitation and Compensation Act 1988

Safe Work Australia Act 2008

Schools Assistance (Learning Together--Achievement Through Choice and Opportunity) Act 2004

Science and Industry Research Act 1949

Screen Australia Act 2008

Seafarers Rehabilitation and Compensation Act 1992

Services Trust Funds Act 1947

Skilling Australia's Workforce Act 2005

Small Superannuation Accounts Act 1995

Snowy Hydro Corporatisation Act 1997

Snowy Mountains Engineering Corporation Limited Sale Act 1993

Social and Community Services Pay Equity Special Account Act 2012

Special Broadcasting Service Act 1991

Superannuation Act 1976

Superannuation Act 1990

Superannuation Industry (Supervision) Act 1993

Superannuation (Pension Increases) Act 1971

Superannuation (Productivity Benefit) Act 1988

Superannuation (Unclaimed Money and Lost Members) Act 1999

Sydney Harbour Federation Trust Act 2001

Taxation Administration Act 1953

Telecommunications Act 1997

Telecommunications (Consumer Protection and Service Standards) Act 1999

Telecommunications Universal Service Management Agency Act 2012

Telstra Corporation Act 1991

Terrorism Insurance Act 2003

Tertiary Education Quality and Standards Agency Act 2011

Therapeutic Goods Act 1989

Tourism Australia Act 2004

Transport Safety Investigation Act 2003

Uranium Royalty (Northern Territory) Act 2009

Veterans' Entitlements Act 1986

Water Act 2007

Water Efficiency Labelling and Standards Act 2005

Work Health and Safety Act 2011

Workplace Gender Equality Act 2012

Schedule 13--Contingent amendments

Part 1--Agricultural and Veterinary Chemicals legislation

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

Agricultural and Veterinary Chemicals (Administration) Act 1992

Agricultural and Veterinary Chemicals Code Act 1994

Part 2--Antarctic Treaty (Environment Protection) Act 1980

Antarctic Treaty (Environment Protection) Act 1980

Part 3--Australian Grape and Wine Authority Act 2013

Australian Grape and Wine Authority Act 2013

Part 4--Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 1--First compliance measures Act has not commenced

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 2--First compliance measures Act has commenced

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 3--Second compliance measures Act has commenced

Offshore Petroleum and Greenhouse Gas Storage Act 2006

Part 5--Wheat Export Marketing Act 2008

Wheat Export Marketing Act 2008

Schedule 14--Other transitional and application provisions

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

Endnote 3--Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 1-12, Sch 13 (items 1-8, 12-27, 31-33) and Sch 14: 1 July 2014 (s 2(1) items 2-7, 9, 10, 13, 14)
Sch 13 (items 9-11): awaiting commencement (s 2(1) item 8)
Sch 13 (items 28-30): 1 Oct 2014 (s 2(1) items 11, 12)
Remainder: 30 June 2014 (s 2(1) item 1)

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 and Sch 7: 14 Apr 2015 (s 2)

Sch 2 (item 3) and Sch 7

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Schedule 1

 

item 2...................

am No 36, 2015

item 4...................

am No 36, 2015

item 5...................

am No 36, 2015

item 6...................

am No 36, 2015

item 21..................

am No 36, 2015

Schedule 2

 

item 38..................

rep No 36, 2015

Schedule 3

 

item 2...................

am No 36, 2015

item 16..................

rep No 36, 2015

Schedule 14

 

item 2...................

am No 36, 2015

item 5...................

am No 36, 2015

 

rs No 126, 2015

item 6...................

am No 36, 2015

 

 


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