PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2014 - SCHEDULE 7 AmendmentsofActs starting with A

Commonwealth Consolidated Acts

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PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2014 - SCHEDULE 7

AmendmentsofActs starting with A

Aboriginal and Torres Strait Islander Act 2005

1 Subsection 4(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

2 Subsection 142(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the TSRA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

3 Paragraph 143S(6)(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; or

4 Subsection 143U(3)

Repeal the subsection.

5 Paragraph 144E(5)(a)

Omit "by section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

6 Subsection 144E(14)

Omit "section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests)".

7 At the end of section 144M

Add:

(3) Subsections ( 1) and (2) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

8 Paragraph 144P(2)(f)

Repeal the paragraph, substitute:

(f) fails, without reasonable excuse, to comply with:

(i) subsection 144M(1) or (2); 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; or

9 Subsection 144V(3A)

Omit "under section 18 of the Commonwealth Authorities and Companies Act 1997 ", substitute "under section 59 of the Public Governance, Performance and Accountability Act 2013 ".

10 Subsection 144W(4)

Omit "under section 18 of the Commonwealth Authorities and Companies Act 1997 ", substitute "under section 59 of the Public Governance, Performance and Accountability Act 2013 ".

11 Subsection 144X(3) (definition of bank )

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

12 Subsection 144ZA(5)

Omit "Section 14 of the Commonwealth Authorities and Companies Act 1997 ", substitute "Section 36 of the Public Governance, Performance and Accountability Act 2013 (which deals with budget estimates)".

13 Subsection 144ZB(1)

Omit "of the TSRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 ", substitute "prepared by the members of the TSRA and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period".

14 Subsection 144ZB(3)

Omit "a financial year to an individual or body, then, in addition to the matters referred to in subsections ( 1) and (2), the annual report for the year", substitute "a period to an individual or body, then, in addition to the matters referred to in subsections ( 1) and (2), the annual report for the period".

15 Paragraph 144ZD(1A)(b)

Repeal the paragraph, substitute:

(b) the Public Governance, Performance and Accountability Act 2013 or any legislative instruments made under that Act.

16 Division 10 of Part 3A

Repeal the Division.

17 Section 144ZF

Before "A TSRA Administrator", insert "(1)".

18 At the end of section 144ZF

Add:

(2) If a TSRA Administrator is appointed to administer the affairs of the TSRA, the TSRA Administrator is the accountable authority of the TSRA for the purposes of the Public Governance, Performance and Accountability Act 2013 .

19 After subsection 144ZM(3)

Insert:

(3A) Subsections ( 1), (2) and (3) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

20 Paragraph 144ZN(2)(d)

Omit "section 144ZM", substitute "subsection 144ZM(1), (2) or (3)".

21 At the end of subsection 144ZN(2)

Add:

Note: The appointment of a TSRA Administrator 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).

22 Subsection 145(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to Indigenous Business Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

23 Section 149

Repeal the section.

24 Subsections 150(2) and (3)

Repeal the subsections, substitute:

(3) The Minister may, by notice in writing to the Indigenous Business Australia Board, request the Board to vary a corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 .

25 Paragraph 165(2)(b)

Omit "; or", substitute ";".

26 Paragraph 165(2)(c)

Repeal the paragraph.

27 At the end of subsection 165(2)

Add:

Note: The appointment of an Indigenous Business Australia 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).

28 Paragraph 167(3)(a)

29 Subsection 167(11)

30 At the end of section 172A

Add:

(3) Subsections ( 1) and (2) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

31 Subsection 181A(4)

Omit "under section 18 of the Commonwealth Authorities and Companies Act 1997 ", substitute "under section 59 of the Public Governance, Performance and Accountability Act 2013 ".

32 Section 189

Repeal the section, substitute:

189 Annual report and financial statements

(1) The annual report prepared by the Indigenous Business Australia Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include details of:

(a) any direction given by the Minister under section 151 of this Act during that period; and

(b) any consultants engaged under section 178 of this Act during that period.

(2) Subject to any direction by the Finance Minister, the financial statements included in the annual report as required by subsection 43(4) of the Public Governance, Performance and Accountability Act 2013 must deal with the New Housing Fund separately from the other finances of Indigenous Business Australia.

(3) A direction referred to in subsection ( 2) is not a legislative instrument.

33 Subsection 191A(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Indigenous Land Corporation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

34 Section 191L

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

35 At the end of section 192F

Add:

(4) Subsection ( 3) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

36 Paragraph 192H(2)(e)

Omit "section 192F of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "subsection 192F(3)".

37 At the end of subsection 192H(2)

Add:

Note: The appointment of an Indigenous Land Corporation 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).

38 Subsection 192J(3) (heading)

Repeal the heading, substitute:

Quorum if Director excluded

39 Paragraph 192J(3)(a)

40 Subsection 192W(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 ".

41 Subsection 192W(3)

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)".

42 Paragraph 193(5)(b)

43 Paragraph 193G(1)(b)

44 Section 193K

Repeal the section, substitute:

193K Application of the Public Governance, Performance and Accountability Act 2013

(1) Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the Indigenous Land Corporation.

(2) The annual report prepared by the Indigenous Land Corporation Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must include such additional information (if any) as is specified in the regulations under this Act.

45 Subsection 200B(1)

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)".

Aboriginal Land Grant (Jervis Bay Territory) Act 1986

46 Subsection 4(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Council. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

47 Section 4A

Repeal the section, substitute:

4A Accountable authority

For the purposes of the Public Governance, Performance and Accountability Act 2013 , the executive committee is the accountable authority of the Council.

48 Paragraph 28(2)(a)

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

49 Section 33

Before "The", insert "(1)".

50 At the end of section 33

Add:

Note: An executive member may also be removed from office 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).

(2) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of an executive member under section 30 of this Act as if the election were an appointment by the Minister.

51 Section 52

Omit "financial year", substitute "period".

52 Section 52

Omit "section 9 of the Commonwealth Authorities and Companies Act 1997 and the deadline is", substitute "section 46 of the Public Governance, Performance and Accountability Act 2013 , and the period and deadline are".

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987

53 Subsection 38(2)

Aboriginal Land Rights (Northern Territory) Act 1976

54 Subsection 22(1) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to a Land Council. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

55 Section 22A

Repeal the section.

56 Subsection 33(2)

57 Subsection 33(3) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

58 Subsection 34(3A)

Omit "section 14 of the Commonwealth Authorities and Companies Act 1997 ", substitute "section 36 of the Public Governance, Performance and Accountability Act 2013 ".

59 Subsection 35(10)

Omit "section 39 of the Financial Management and Accountability Act 1997 ", substitute "section 58 of the Public Governance, Performance and Accountability Act 2013 ".

60 Subsections 37(1) and (2)

Repeal the subsections, substitute:

(1) The annual report prepared for a Land Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include the matters set out in this section in relation to the period.

Fees

(2) The report must specify:

(a) the total fees the Council received under section 33A of this Act during that period for services the Council provided under Part IV (whether in that period or the previous period); and

(b) the total fees the Council received under section 33A of this Act during that period for any other services the Council provided (whether in that period or the previous period); and

61 Subsections 37(3), (4), (5), (6), (7) and (8)

Omit "that year" (wherever occurring), substitute "that period".

62 Paragraph 39(2)(b)

Repeal the paragraph, substitute:

(b) the Public Governance, Performance and Accountability Act 2013 , or any legislative instruments made under that Act.

63 After section 53A

Insert:

53B Application of the Public Governance, Performance and Accountability Act 2013

A Commissioner is not an official of a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013 .

64 Subsection 62(2)

65 Paragraph 62A(2)(b)

Omit "section 39 of the Financial Management and Accountability Act 1997 ", substitute "section 58 of the Public Governance, Performance and Accountability Act 2013 ".

66 Paragraph 64(1)(c)

Repeal the paragraph, substitute:

(c) any surplus specified in the most recent financial statements given under paragraph 42(1)(b) of the Public Governance, Performance and Accountability Act 2013 .

67 Subsection 64B(1)

Before "Department", insert "Secretary of the".

68 Subsection 64B(2)

Repeal the subsection, substitute:

(2) The report must include:

(a) the financial statements required by section 42 of the Public Governance, Performance and Accountability Act 2013 (as that section applies because of subsection ( 4) of this section); and

(b) an audit report on those statements under section 43 of that Act (as that section applies because of subsection ( 4) of this section).

69 At the end of section 64B

Add:

(4) Sections 42 and 43 (other than subsection 43(4)) of the Public Governance, Performance and Accountability Act 2013 (which deal with annual financial statements for Commonwealth entities and audits of those statements), and rules made for the purposes of those sections, apply in relation to the Account as if:

(a) the Account were a Commonwealth entity; and

(b) the Secretary of the Department were the accountable authority of that Commonwealth entity.

Administrative Appeals Tribunal Act 1975

70 At the end of section 24D

Add:

(4) However, the Registrar is not subject to direction by the President in relation to the Registrar's performance of functions, or exercise of powers, under the following Acts:

(a) the Public Governance, Performance and Accountability Act 2013 ;

(b) the Public Service Act 1999 .

71 Section 24L

Before "The", insert "(1)".

72 At the end of section 24L

Add:

(2) The Registrar must give written notice to the President of all material personal interests that the Registrar has that relate to the affairs of the Tribunal.

(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.

73 Subsection 24R(1)

Omit "and give to the Minister".

74 At the end of subsection 24R(1)

Add:

Note: The annual 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.

75 Subsection 24R(2)

Repeal the subsection, substitute:

(2) A report prepared after 30 June in a year must be given to the Minister by 15 October of that year.

Administrative Decisions (Judicial Review) Act 1977

76 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

77 Paragraphs ( he), (hea) and (hf) of Schedule 1

Repeal the paragraphs, substitute:

(he) decisions under Part 2 of the Financial Framework (Supplementary Powers) Act 1997 ;

(hf) decisions under the following provisions of the Public Governance, Performance and Accountability Act 2013 :

(i) section 15;

(ii) section 23;

(iii) section 85;

78 Paragraph ( h) of Schedule 2

Repeal the paragraph, substitute:

(h) decisions under section 51 of the Public Governance, Performance and Accountability Act 2013 ;

Aged Care (Bond Security) Act 2006

79 Subsection 6(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Agricultural and Veterinary Chemicals (Administration) Act 1992

80 Section 4 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

81 Section 10A

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

82 Section 23

Repeal the section, substitute:

23 Disclosure of interests

(1) A disclosure by a Board member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to:

(a) the Minister; and

(b) the Chief Executive Officer, if a meeting under section 26 of this Act is considering, or is about to consider, a matter to which the disclosure would be relevant.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 .

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the Board member is taken not to have complied with section 29 of that Act if the Board member does not comply with subsection ( 1) of this section.

83 Subsections 26(8) and (9)

Repeal the subsections, substitute:

(8) The minutes of a meeting under this section must record:

(a) any disclosure referred to in paragraph 23(1)(b) relevant to a matter considered, or about to be considered, at the meeting; and

(b) any decision made by the Chief Executive Officer in relation to the disclosure.

84 Subsections 27(5) and (6)

Repeal the subsections.

85 Paragraph 41A(e)

Omit "section 42", substitute "subsection 42(1)".

86 At the end of section 41A

Add:

Note: The appointment of the Chief Executive Officer 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).

87 Section 42

Before "The", insert "(1)".

88 At the end of section 42

Add:

(2) Subsection ( 1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

89 Sections 50, 51 and 52

Repeal the sections, substitute:

51 Approval of corporate plan

(1) The Chief Executive Officer must give a corporate plan, prepared under section 35 of the Public Governance, Performance and Accountability Act 2013 , to the Minister for approval on or before:

(a) 1 June in each calendar year; or

(b) a later day in a particular calendar year, as allowed by the Minister;

unless the Minister determines otherwise.

(2) The plan comes into force on the later of:

(a) if approval is required under subsection ( 1)--the day it is approved by the Minister; and

(b) the first day of the period to which it relates.

(3) 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 Chief Executive Officer .

52 Variation of corporate plan

(1) The Chief Executive Officer may, at any time, review a corporate plan and consider whether a variation to the plan is necessary.

(2) The Chief Executive Officer must, if requested by the Minister, vary a corporate plan and give the variation to the Minister for approval.

(3) The Chief Executive Officer may, with the approval of the Minister, vary a corporate plan.

(4) A variation of a plan already in force takes effect on the day the variation is approved.

(5) Despite subsection ( 3), the Minister's approval is not required for a minor variation of the plan. A minor variation of a plan already in force takes effect on the day the variation is made.

90 Subsection 55(1)

Omit "APVMA", substitute "Chief Executive Officer".

91 Paragraph 55(2)(b)

Omit "APVMA considers appropriate against which its performance", substitute "Chief Executive Officer considers appropriate against which the APVMA's performance".

92 Subsection 56(1)

Omit "APVMA" (wherever occurring), substitute "Chief Executive Officer".

93 Subsection 56(3)

Omit "APVMA", substitute "Chief Executive Officer".

94 Subsection 56(3)

Omit "it", substitute "he or she".

95 Subsections 56(4) and 57(2)

Omit "APVMA", substitute "Chief Executive Officer".

Aircraft Noise Levy Collection Act 1995

96 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Airports (Transitional) Act 1996

97 Section 4 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Air Services Act 1995

98 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

99 Subsection 7(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to AA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

100 Section 13

Omit "under section 17 of the Commonwealth Authorities and Companies Act 1997 ", substitute "under section 35 of the Public Governance, Performance and Accountability Act 2013 ".

101 Subsection 16(2)

Omit "financial year must be included in AA's annual report for that year", substitute "period must be included in the annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for that period".

102 Subsection 16(6)

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)".

103 Subsection 17(3)

Repeal the subsection, substitute:

(3) In preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the Board must take account of notices given to AA under subsection ( 1).

104 Subsection 17(4)

Repeal the subsection ( including the note), substitute:

(4) The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

(a) a summary of notices given to AA under subsection ( 1) of this section in that period; and

(b) a summary of action taken in that period by AA because of notices given to AA under subsection ( 1) of this section in that period or any other period.

105 Subsection 18(3)

Repeal the subsection, substitute:

(3) The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of any directions given to AA by the Minister under this section in that period.

106 Paragraph 32(2)(c)

Omit "; or", substitute ".".

107 Paragraph 32(2)(d)

Repeal the paragraph.

108 At the end of subsection 32(2)

Add:

Note: The appointment of an appointed 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).

109 Paragraph 32(5)(b)

Repeal the paragraph, substitute:

(b) the members have failed to comply with section 19 of the Public Governance, Performance and Accountability Act 2013 ;

110 Section 40

Before "The Board", insert "(1)".

111 At the end of section 40

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 Chief Executive Officer despite subsection 30(6) of that Act.

112 Section 51

Repeal the section, substitute:

51 Extra matters to be included in annual report

The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include an assessment of the adverse effect (if any) that meeting the non - commercial commitments imposed on AA has had on AA's profitability during the period.

Albury - Wodonga Development Act 1973

113 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

114 Subsection 9(1) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Corporation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

115 Subparagraph 15(2)(f)(ii)

Omit "; or", substitute ";".

116 Paragraph 15(2)(g)

Repeal the paragraph.

117 At the end of subsection 15(2)

Add:

118 At the end of Part IVA

Add:

20BA Corporate plans

Section 35 of the Public Governance, Performance and Accountability Act 2013 (which deals with corporate plans for Commonwealth entities) does not apply in relation to the Corporation.

119 Section 28

Before "The", insert "(1)".

120 At the end of section 28

Add:

(2) Subsection ( 1) 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 Corporation.

121 Subsection 31B(1)

A New Tax System (Australian Business Number) Act 1999

122 Subparagraphs 30(3)(c)(ii) and (d)(ii)

Repeal the subparagraphs, substitute:

(ii) the accountable authority of a non - corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 for the purposes of carrying out functions conferred on the entity by a law of the Commonwealth; or

A New Tax System (Luxury Car Tax) Act 1999

123 Section 27 - 1 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

A New Tax System (Wine Equalisation Tax) Act 1999

124 Section 33 - 1 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Archives Act 1983

125 Section 68

Repeal the section, substitute:

68 Annual Report by the Council

(1) The Council must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report concerning the proceedings of the Council during the 12 months ending on that day.

(2) The Minister must cause a copy of a report given under subsection ( 1) to be laid before each House of the Parliament within 15 sitting days of that House after the report is given.

126 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

127 Subsection 13(3)

Asbestos Safety and Eradication Agency Act 2013

128 Section 5A

Before "The", insert "(1)".

129 At the end of section 5A

Add:

(2) The National Strategic Plan is taken to be a corporate plan for the purposes of the Public Governance, Performance and Accountability Act 2013 .

130 Paragraph 12(1B)(a)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

131 Section 13

Repeal the section.

132 Section 20

Repeal the section.

133 Paragraph 23(f)

Repeal the paragraph, substitute:

(f) if the CEO 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; or

134 Section 37

Repeal the section, substitute:

37 Recording disclosures of interests

(1) A disclosure by a Council member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) to each other member of the Council must be recorded:

(a) in any advice provided, or recommendations made, to the CEO by the Council; and

(b) in any guidelines issued to the CEO by the Council.

(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 , t he member is taken not to have complied with section 29 of that Act if the disclosure is not recorded as required by subsection ( 1) of this section.

135 Paragraph 40(e)

Repeal the paragraph, substitute:

(e) if the member 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.

136 Paragraph 41A(2)(a)

Omit "section 37", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

137 Part 6 (heading)

Repeal the heading, substitute:

Part 6 -- Planning

138 Division 1 of Part 6 (heading)

Repeal the heading.

139 Subsection 42(1)

Omit "Agency", substitute "CEO".

140 Subsection 42(4)

Repeal the subsection.

141 Subsection 43(1)

Omit "Agency" (wherever occurring), substitute "CEO".

142 Subsection 44(1)

Omit "Agency may, on its own initiative", substitute "CEO may, on his or her own initiative".

143 Subsection 44(2)

Omit "Agency", substitute "CEO".

144 Division 2 of Part 6

Repeal the Division.

Australia Council Act 2013

145 Section 3 (paragraph relating to Part 6)

Repeal the paragraph, substitute:

Part 6 deals with corporate plans.

146 Section 4 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

147 Subsection 8(1) (note)

Repeal the note, substitute:

148 Paragraph 11(a)

Omit "Commonwealth Government", substitute "Australian Government".

149 Subsection 12(4)

Omit "section 16 of the Commonwealth Authorities and Companies Act 1997 ", substitute "section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed)".

150 Paragraph 22(2)(b)

Repeal the paragraph.

151 At the end of subsection 22(2)

Add:

Note: The appointment of an appointed Board 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).

152 Paragraph 25(2)(a)

Omit "section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

153 Section 29

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

154 Paragraph 41(1)(f)

Repeal the paragraph.

155 At the end of subsection 41(1)

Add:

Note: The appointment of the CEO 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).

156 Section 45

Repeal the section, substitute:

45 Corporate Plan

(1) A corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include details of the following:

(a) the investment and financing programs of the Council, including strategies for managing financial risk;

(b) the financial targets and projections for the Council;

(c) an analysis of factors likely to affect achievement of targets or create significant financial risk for the Council or for the Commonwealth;

(d) a review of the Council's performance since the start of the year previous to the year in which the plan is prepared, measured against the most recent plan for any part of that period;

(e) such other matters (if any) as the Minister directs.

(2) The Board must give a copy of the plan to the Minister, before the start of the period covered by the plan, for the Minister's approval.

(3) If the Board varies the plan, the Board must give a copy of the variation to the Minister for the Minister's approval.

(4) The plan, or a variation of the plan, does not take effect unless the Minister approves it.

157 Subsection 47(2)

Repeal the subsection, substitute:

158 Subsection 48(2)

Repeal the subsection, substitute:

(2) Paragraphs ( 1)(a) and (b) do not apply to transactions in the course of the exercise of the Council's powers under paragraph 10(2)(g) or (h).

159 Subsection 48(4)

Omit "section 28A of the Commonwealth Authorities and Companies Act 1997 ", substitute "section 57 of the Public Governance, Performance and Accountability Act 2013 (which deals with borrowing by corporate Commonwealth entities)".

160 Section 49

Repeal the section, substitute:

49 Investment

(1) The Council may invest money, under paragraph 10(2)(g), in the course of the direct performance of its functions.

Note: Paragraph 10(2)(g) gives the Council power to make investments, but only as a means of providing financial assistance. It does not give the Council a general power to make investments.

(2) Subsection ( 1) applies in addition to 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 Council.

161 Section 51

Repeal the section, substitute:

51 Extra reporting requirements

(1) The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:

(a) the text of any directions given during that period under subsection 12(1) or 24(3) or paragraph 45(1)(e); and

(b) details of any guarantees given by the Council during that period.

(2) The Minister must cause any report or financial statements that the Board gives the Minister under paragraph 19(1)(b) of the Public Governance, Performance and Accountability Act 2013 to be tabled in each House of the Parliament as soon as practicable.

Australian Aged Care Quality Agency Act 2013

162 Section 13 (note)

Repeal the note, substitute:

Note: The use and management of public resources must comply with the requirements in the Public Governance, Performance and Accountability Act 2013 .

163 Section 22

Repeal the section.

164 Subparagraph 25(1)(b)(iv)

Repeal the subparagraph, substitute:

(iv) 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.

165 Part 5 (heading)

Repeal the heading, substitute:

Part 5 -- Corporate and annual operational plans

166 Section 43

Repeal the section, substitute:

43 Consulting on corporate plans

In preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the CEO must consult the Minister and the Advisory Council.

167 Sections 46 and 47

Repeal the sections, substitute:

47 Annual report

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 Quality Agency's operations during the period have contributed to the priorities set out in the annual operational plan for the period; and

(b) particulars of any variations of the annual operational plan during the period; and

(c) an evaluation of the Quality Agency's overall performance during the period against the performance indicators set out in the annual operational plan for the period.

Australian Broadcasting Corporation Act 1983

168 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

169 Subsection 5(1) (note)

Repeal the note, substitute:

170 Subsection 13A(1) (note)

Repeal the note, substitute:

Note: As a member of the Board, the staff - elected Director is a member of the accountable authority of the Corporation for the purposes of the Public Governance, Performance and Accountability Act 2013 (see section 12 of that Act).

171 Paragraph 18(2)(a)

Repeal the paragraph, substitute:

(a) a non - executive Director becomes bankrupt, takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with one or more of his or her creditors or makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or

172 At the end of subsection 18(2)

Add:

Note: The appointment of a non - executive director (other than the staff - elected 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).

173 Subsection 25A(2) (note)

Repeal the note, substitute:

Note: Section 19 of the Public Governance, Performance and Accountability Act 2013 requires the accountable authority of a Commonwealth entity to keep the Minister informed of the activities of the entity and any of its subsidiaries.

174 Section 31A

Repeal the section.

175 Section 31B

Repeal the section, substitute:

31B Matters to be included in corporate plans

(1) Each corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must:

(a) outline the overall strategies and policies that the Corporation and its subsidiaries are to follow to ensure that the Board fulfils its duties under section 8; and

(b) include a forecast of the revenue and expenditure of the Corporation and its subsidiaries, including a forecast of capital expenditure and borrowings; and

(2) 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 Board.

(3) In this section:

"subsidiary" means a prescribed company within the meaning of section 25A of this Act that the Corporation controls.

(4) For the purposes of the application of section 35 of the Public Governance, Performance and Accountability Act 2013 in relation to the Corporation, subsidiary is taken to have the meaning given by subsection ( 3) of this section, despite the definition of subsidiary in section 8 of that Act.

176 Section 31C

Omit "prepares or".

177 At the end of section 31C

Add:

Note: A corporate plan must be given to the responsible Minister and the Finance Minister under subsection 35(1) of the Public Governance, Performance and Accountability Act 2013 .

178 Section 31D

Repeal the section.

179 Subsection 68(2)

Repeal the subsection, substitute:

180 Subsection 71A(1)

181 Subsection 78(7)

Omit "sections 28 and 48A of the Commonwealth Authorities and Companies Act 1997 do not apply", substitute "section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) does not apply".

182 Section 80

Omit "prepared under section 9 of the Commonwealth Authorities and Companies Act 1997 ", substitute "given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period".

183 Paragraphs 80(a) and (b)

Omit "the year to which the report relates", substitute "the period".

184 Paragraphs 80(c), (ca), (d), (daa), (e), (f) and (g)

Omit "that year", substitute "the period".

185 Paragraph 80(i)

Repeal the paragraph.

186 Paragraphs 80(j), (k) and (l)

Omit "year", substitute "period".

Australian Bureau of Statistics Act 1975

187 Section 24

Repeal the section, substitute:

24 Annual report on the Council

(1) The Council must, as soon as practicable after 30 June in each year, prepare and submit to the Minister, for presentation to the Parliament, a report relating to matters connected with the operation of this Act.

(2) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after its receipt by the Minister.

Australian Capital Territory (Planning and Land Management) Act 1988

188 Paragraph 41(2)(d)

Omit "section 42;", substitute "subsection 42(1), (2) or (3); or".

189 After paragraph 41(2)(d)

Insert:

(e) in the case of the Chairperson--the Chairperson 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;

190 At the end of section 42

Add:

(4) Subsections ( 1) to (3) apply to the Chairperson in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

191 Section 50

Repeal the section.

192 Section 56 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Australian Capital Territory (Self - Government) Act 1988

193 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Australian Centre for International Agricultural Research Act 1982

194 Paragraph 16A(2)(c)

Repeal the paragraph, substitute:

(c) the Commissioner 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.

195 Section 16B

Repeal the section, substitute:

16B Disclosure of interests

(1) 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.

(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 Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with this section.

196 Paragraph 29C(2)(d)

Repeal the paragraph, substitute:

(d) the CEO 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.

197 Section 29D

Repeal the section.

198 Paragraph 29E(a)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

199 Subsection 33(2)

200 Section 34 (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

201 Section 39

Repeal the section, substitute:

39 Annual report

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) particulars of all directions given during the period by the Minister to the CEO under section 5A of this Act; and

(b) particulars of all directions given during the period by the Minister to the Commission under section 16K of this Act.

Australian Civilian Corps Act 2011

202 Subparagraph 27(1)(c)(i)

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Australian Communications and Media Authority Act 2005

203 Sections 29 and 30

Repeal the sections, substitute:

29 Disclosure of interests

(1) A disclosure by a member or associate member 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 , the member or associate member 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.

(4) The Chair must inform the Minister if the members of the ACMA agree, in accordance with any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 , to a member or associate member doing something that, apart from that agreement, the member or associate member would be prevented by those rules from doing.

204 Paragraph 34(4)(b)

Repeal the paragraph, substitute:

(b) the member or associate member 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.

205 Paragraph 39(2)(a)

Omit " section 30 prevents" , substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 prevent".

206 Subsection 40(2)

Omit "section 30", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

207 Subsection 44(3)

Omit "section 30", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

208 Subparagraph 47(1)(c)(i)

Omit "section 30 prevents", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 prevent".

209 Paragraph 47(3)(a)

Omit "section 30, or any other", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 , or any".

210 Subsection 48(3)

Omit "section 30", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

211 Subsection 55(2)

Repeal the subsection, substitute:

(2) In this section:

"authority of the Commonwealth" means:

(a) a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ; or

(b) a Commonwealth company within the meaning of the Public Governance, Performance and Accountability Act 2013 ; or

212 Section 56

Repeal the section, substitute:

56 Corporate plans

(1) A corporate plan prepared by the Chair under section 35 of the Public Governance, Performance and Accountability Act 2013 must include details of such other matters (if any) as the Minister requires.

(2) The Minister may give the Chair written guidelines that are to be used by the Chair in deciding whether a matter is covered by subsection ( 1).

213 Section 57

Repeal the section, substitute:

57 Annual reports

The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

(a) a copy of each direction given to the ACMA under section 14 during the period; and

(b) if:

(i) the ACMA gave an instrument to a carrier or to a carriage service provider under section 581 of the Telecommunications Act 1997 during the period; and

(ii) in the ACMA's opinion, the instrument does not contain confidential information;

a copy of the instrument; and

(c) in relation to each instrument the ACMA gave as mentioned in subparagraph ( b)(i) and that, in the ACMA's opinion, contains confidential information:

(i) if, in the ACMA's opinion, part of the instrument can be reproduced in the annual report without disclosing confidential information--a copy of that part; and

(ii) if subparagraph ( i) does not apply--a statement specifying the instrument and the carrier or carriage service provider to which, and the day on which, it was given; and

(iii) a statement that, because of confidential information contained in the instrument, or in a part of it, as the case requires, the instrument or part is not reproduced in the annual report; and

(iv) a note summarising so much of the instrument as is not so reproduced, but without disclosing any information that, in the ACMA's opinion, is confidential; and

(d) a report on:

(i) the number and types of complaints made under Part 26 of the Telecommunications Act 1997 during the period; and

(ii) the investigations conducted under Part 26 of that Act during the period as a result of complaints made under Part 26 of that Act; and

(iii) the results of those investigations; and

(e) a report on the operation of Part 6 of the Telecommunications Act 1997 during the period; and

(f) a report setting out statistical information relating to information or documents disclosed under Division 3 of Part 13 of the Telecommunications Act 1997 , where the disclosure:

(i) occurred during the period; and

(ii) is covered by a report given to the ACMA under section 308 of the Telecommunications Act 1997 .

214 Section 63

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Australian Crime Commission Act 2002

215 Section 41

Repeal the section, substitute:

41 Disclosure of interests

(1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made t o the Chair of the Board.

(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.

216 Paragraph 44(2)(c)

Repeal the paragraph, substitute:

(c) the CEO 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; or

217 Section 46F

Repeal the section, substitute:

46F Disclosure of interests

(1) A disclosure by an examiner 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 CEO.

(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 , t he examiner is taken not to have complied with section 29 of that Act if the examiner does not comply with subsection ( 1) of this section.

218 Paragraph 46H(2)(c)

Repeal the paragraph, substitute:

(c) the examiner 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; or

219 Section 61 (heading)

Repeal the heading, substitute:

61 Annual report by the Chair of the Board

220 After section 61

Insert:

61AA Corporate plans

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 CEO .

Australian Curriculum, Assessment and Reporting Authority Act 2008

221 Section 3 (definition of Finance Minister )

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

222 Subsection 5(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Australian Curriculum, Assessment and Reporting Authority. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

223 Paragraph 7(2)(b)

Repeal the paragraph, substitute:

(b) the Public Governance, Performance and Accountability Act 2013 , or any rules or other instruments made under that Act.

224 Paragraph 19(2)(b)

Repeal the paragraph.

225 At the end of subsection 19(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).

226 Paragraph 21(3)(a)

Omit "section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

227 Subsection 21(10)

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

228 Section 30

Repeal the section, substitute:

30 Disclosure of interests

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

229 Paragraph 32(3)(d)

Repeal the paragraph, substitute:

230 Subsection 38(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 Australian Curriculum, Assessment and Reporting Authority.

231 After section 43

Insert:

43A Corporate plans

Australian Federal Police Act 1979

232 Subsection 4(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

233 Subsection 37(6)

Repeal the subsection.

234 Section 67

Repeal the section, substitute:

67 Annual reports

The annual report prepared by the Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of:

(a) the AFP conduct issues that were dealt with under Part V of this Act during that period; and

(b) the action that was taken, during that period, in relation to AFP conduct issues that were dealt with under Division 3 of Part V of this Act.

Australian Film, Television and Radio School Act 1973

235 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

236 Subsection 4(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the School. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

237 Section 18

Before "If", insert "(1)".

238 Paragraph 18(b)

Omit "; or", substitute ";".

239 Paragraph 18(c)

Repeal the paragraph.

240 At the end of section 18

Add:

Note: A member can also be removed from office 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).

(2) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 8(1)(b) or (c) of this Act as if the election were an appointment by the Council.

Note: This enables the Council to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013 .

241 Paragraph 29(1)(b)

Omit "; or", substitute ";".

242 Paragraph 29(1)(c)

Repeal the paragraph.

243 At the end of subsection 29(2)

Add:

Note: The Director may also be removed from office 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).

244 Subsection 39(1A)

Repeal the subsection, substitute:

(1A) Subsection ( 1) 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 School.

Australian Hearing Services Act 1991

245 Subsection 4(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

246 Subsection 7(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.

247 Subsection 12(4)

Repeal the subsection, substitute:

(4) This section does not affect the application, in relation to the Authority, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).

248 Paragraph 31(2)(b)

Omit "of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ".

249 At the end of subsection 31(2)

Add:

Note: The appointment of an appointed 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).

250 Sections 36 and 37

Repeal the sections, substitute:

36 Corporate plans

A corporate plan that the Board must give to the Minister and Finance Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 , must be given at least 60 days before the start of the first reporting period to which the plan relates.

37 Financial plans

When the Board gives the Minister and Finance Minister a copy of the corporate plan, it must also give the Minister and Finance Minister a copy of a financial plan that includes, in relation to each year covered by the corporate plan:

(a) such performance information as the Board thinks appropriate; and

(b) estimates of receipts and expenditure.

251 Paragraph 46(2)(b)

Omit "of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ".

252 At the end of subsection 46(2)

Add:

Note: The appointment of the Managing 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).

253 Subsection 52(3)

Repeal the subsection, substitute:

254 Subsection 60(1)

Omit "(1) The", substitute "The".

255 Paragraph 60(1)(b)

Omit "referred to in subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

256 Subsection 63B(1)

Australian Human Rights Commission Act 1986

257 Subsection 13(1)

Omit "(1) The", substitute "The".

258 Subsection 13(2)

Repeal the subsection.

259 Paragraph 41(2)(e)

Repeal the paragraph, substitute:

(e) a member 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;

260 Section 42

Repeal the section.

261 Section 45

Repeal the section, substitute:

45 Annual report

The annual report prepared by the President and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must cover the Commission's operations during the period under:

(a) this Act or any other enactment; or

(b) any State enactment.

262 Division 6 of Part II

Repeal the Division, substitute:

Division 6 -- Corporate plan

46AA Corporate plan

In performing its duties and functions, the Commission must take account of the corporate plan prepared by the President under section 35 of the Public Governance, Performance and Accountability Act 2013 that is in force.

Australian Information Commissioner Act 2010

263 Paragraph 8(j)

Omit "annual reports under", substitute "the annual reports mentioned in".

264 Paragraph 20(2)(d)

Repeal the paragraph, substitute:

(d) the information officer 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.

265 Section 22

Repeal the section, substitute:

22 Disclosure of interests

(1) A disclosure by an information officer 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 , the information officer 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.

266 Subsection 27A(8) (note)

Repeal the note, substitute:

Note: The Information Commissioner, as an information officer, is required to disclose material personal interests to the Minister (see section 22).

267 Section 30

Repeal the section, substitute:

30 Annual report

The annual report prepared by the Information Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

(a) the freedom of information matters (see section 31); and

(b) the privacy matters (see section 32).

Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989

268 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

269 Subsection 4(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

270 Subsection 21(2)

Repeal the subsection, substitute:

(2) The Minister must terminate a person's membership of the Council if the member is absent, except on leave granted under section 17, from 3 consecutive meetings of the Council.

Note: A Council member's membership 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).

(2A) Section 30 of the Public Governance, Performance and Accountability Act 2013 applies to an election of a member under paragraph 12(1)(a) of this Act as if the election were an appointment by the Minister.

Note: This enables the Minister to remove from office an elected member if the member fails to comply with the general duties of officials under the Public Governance, Performance and Accountability Act 2013 .

271 Paragraph 23(5)(a)

Omit "section 19", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

272 Subsection 38(2)

Repeal the subsection, substitute:

Australian Institute of Health and Welfare Act 1987

273 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

274 Subsection 4(2) (note)

Repeal the note, substitute:

275 Subsection 7(3)

Repeal the subsection, substitute:

(3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).

276 Paragraph 13(2)(b)

Repeal the paragraph.

277 At the end of subsection 13(2)

Add:

278 Section 14

Repeal the section, substitute:

14 Disclosure of interests

Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member's interest if:

(a) the member is of a kind referred to in paragraph 8(1)(c), (ca), (cb) or (h), or subsection 8(2), of this Act; and

(b) the member only has the interest by reason of being nominated by a body or person referred to in that paragraph or subsection.

279 Paragraph 22(1)(a)

Omit "section 20", substitute "an appropriation".

280 Subsection 22(3)

Repeal the subsection, substitute:

281 Section 24

Repeal the section, substitute:

24 Annual report

The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

(a) particulars of each direction given under subsection 7(1) that is applicable to the period; or

(b) if the Institute considers those particulars contain information concerning a person or are of a confidential nature--a statement that a direction under that subsection was given.

282 Subsection 25(1)

Omit "(1) The", substitute "The".

283 Paragraph 25(1)(a)

Omit "referred to in subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

Australian Institute of Marine Science Act 1972

284 Subsection 5(1) (definition of Finance Minister )

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

285 Subsection 7(2) (note)

Repeal the note, substitute:

286 Paragraph 16(1)(c)

Repeal the paragraph.

287 At the end of subsection 16(1)

Add:

288 Paragraph 27(2)(d)

Repeal the paragraph.

289 At the end of subsection 27(2)

Add:

290 Subsection 38(2)

Repeal the subsection, substitute:

291 Subsection 50A(1)

292 After section 50A

Insert:

50B Delegation by the Institute

(1) The Institute may, in writing under its seal, delegate all or any of its powers or functions under this Act to:

(a) a Council member; or

(b) the Chief Executive Officer.

(2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Institute.

50C Delegation by the Council

(1) The Council may, in writing, delegate all or any of its powers or functions under this Act to:

(a) a Council member; or

(b) the Chief Executive Officer.

(2) In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Council.

50D Delegation and subdelegation by the Chief Executive Officer

(1) The Chief Executive Officer may, in writing, delegate to an officer or employee of the Institute any of the Chief Executive Officer's powers or functions under this Act.

(2) If the Institute or the Council delegates a power or function under subsection 50B(1) or 50C(1) to the Chief Executive Officer, the Chief Executive Officer may, in writing, subdelegate the power or function to an officer or employee of the Institute.

(3) In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the Chief Executive Officer.

(4) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.

50E Corporate plans

Australian Law Reform Commission Act 1996

293 Sections 39 and 40

Repeal the sections.

294 Subsection 45(2)

295 Subsection 45(3) (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

296 Subsection 45(4) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

Australian Maritime Safety Authority Act 1990

297 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

298 Subsection 5(2) (note)

Repeal the note, substitute:

299 Subsections 8(3), 9A(4) and 9B(4)

Repeal the subsections.

300 After section 9B

Insert:

9C Extra matters to be included in annual report

The annual report prepared by the members of the Authority 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) particulars of any directions given to the Authority under section 8 during the period;

(b) a summary of notices given to the Authority under subsection 9A(1) during the period;

(c) a summary of action taken during the period by the Authority because of notices given to the Authority under subsection 9A(1) in that or any other period;

(d) particulars of any directions given to the Authority under subsection 9B(2) during the period.

301 Subsection 10(2) (note)

Repeal the note, substitute:

Note: Section 59 of the Public Governance, Performance and Accountability Act 2013 gives the Authority power to invest money that is not immediately required for the purposes of the Authority.

302 Paragraph 21(2)(d)

Repeal the paragraph.

303 At the end of subsection 21(2)

Add:

304 Paragraph 21(3A)(b)

Repeal the paragraph, substitute:

(b) the members have failed to comply with section 19 of the Public Governance, Performance and Accountability Act 2013 ;

305 Subsection 25(1)

Repeal the subsection, substitute:

(1) This section applies to a corporate plan prepared by the members of the Authority under section 35 of the Public Governance, Performance and Accountability Act 2013 .

306 Subsections 25(3) and (4)

Repeal the subsections.

307 Paragraphs 25(5)(a) to (d)

Repeal the paragraphs.

308 Subsection 26(1)

After "corporate plan", insert "referred to in subsection 25(1)".

309 Subsection 41(6)

Australian National Maritime Museum Act 1990

310 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

311 Subsection 5(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Museum. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

312 Subsection 10(5)

Repeal the subsection, substitute:

(5) In each annual report prepared by the Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, the Council must include particulars of any disposals of material during the period.

313 Paragraph 21(2)(b)

Omit "; or", substitute ";".

314 Paragraph 21(2)(c)

Repeal the paragraph.

315 At the end of subsection 21(2)

Add:

316 Subsection 23(6)

Omit "Where, because of section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "If, because of rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

317 Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Division 3 -- Corporate plans and annual operational plans

318 Sections 25, 26 and 27

Repeal the sections, substitute:

26 Approval and tabling of corporate plans

(1) A corporate plan prepared by the Council under section 35 of the Public Governance, Performance and Accountability Act 2013 must be given to the Minister for approval:

(a) at least 3 months (the approval period ) before the start of the period to which the corporate plan relates; or

(b) if the Minister allows a shorter approval period in special circumstances--before the start of that approval period.

(2) The corporate plan comes into force:

(a) the day on which it is approved by the Minister; or

(b) the day of commencement of the period to which it relates;

whichever is the later.

(3) The corporate plan must be laid before each House of the Parliament within 15 sitting days of that House after approval by the Minister of the plan.

27 Variation and tabling of corporate plans

(1) If the Council considers that a variation of a corporate plan is necessary, the Council may, with the approval of the Minister, vary the corporate plan.

(2) If a variation of a strategic plan is approved by the Minister, the plan as so varied continues in force on and after the day on which the variation is so approved as if the plan had originally been approved by the Minister as so varied.

(3) A variation of a corporate plan prepared in accordance with this section must be laid before each House of the Parliament within 15 sitting days of that House after approval by the Minister of the variation.

319 Subsection 28(1)

Omit "strategic plan that relates, or the intended strategic plan that will relate", substitute "corporate plan for the Museum under section 35 of the Public Governance, Performance and Accountability Act 2013 that relates, or the intended corporate plan for the Museum that will relate".

320 Subsections 28(2) and (5)

Omit "strategic", substitute "corporate".

321 Section 29

Omit "strategic", substitute "corporate".

322 Paragraph 36(2)(e)

Omit "of this Act, or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ,".

323 At the end of subsection 36(2)

Add:

Note: The appointment of the 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).

324 Section 37

Before "The Director", insert "(1)".

325 At the end of section 37

Add:

(2) Subsection ( 1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

326 Subsection 44(4)

Omit "in accordance with subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

327 Subsection 45(2)

Repeal the subsection, substitute:

328 Subsection 47(3)

Repeal the subsection.

329 Section 48

Repeal the section, substitute:

48 Extra matter to be included in annual report

Each annual report prepared by the Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

(a) particulars of each direction given by the Minister to the Council under section 14 of this Act during the period; and

(b) any operational plan, or revision of an operational plan, that came into force during the period.

330 Subsection 50(1)

Omit "maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

Australian National University Act 1991

331 Subsection 4(2) (note)

Repeal the note, substitute:

Note: Subject to section 4A, the Public Governance, Performance and Accountability Act 2013 applies to the University. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

332 Sections 4A and 4B

Repeal the sections, substitute:

4A Application of the Public Governance, Performance and Accountability Act 2013

(1) Sections 22, 36 and 59 of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to the University.

(2) Nothing in section 19 of the Public Governance, Performance and Accountability Act 2013 requires the members of the Council to do anything that will or might affect the academic independence or integrity of the University.

Note: Sections 19, 22, 36 and 59 of that Act are about the duty to keep Ministers informed, application of Government policies, Budget estimates and investments.

4B University's reporting period starts on 1 January

For the purposes of the Public Governance, Performance and Accountability Act 2013 , the University's reporting period is a period of 12 months starting on 1 January.

333 Subsection 6(3)

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

334 Subsection 13(4)

Omit "section 18A, 18B, 18C, 18D, 18E or 18F", substitute "Subdivision A of Division 3 of Part 2 - 2 of the Public Governance, Performance and Accountability Act 2013 ".

335 Paragraphs 13(5)(b) and 15(1)(k)

Omit "section 18A, 18B, 18C, 18D, 18E or 18F", substitute "Subdivision A of Division 3 of Part 2 - 2 of the Public Governance, Performance and Accountability Act 2013 ".

336 Sections 18A to 18G

Repeal the sections.

337 Subsection 44(3)

338 Subsection 44(4) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

339 Subsection 50(1)

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Australian Nuclear Science and Technology Organisation Act 1987

340 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

341 Subsection 4(1) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Organisation. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

342 Subsection 7(3)

Omit "shares in, or debentures or other securities of,", substitute "debentures, or other securities, of".

343 At the end of section 7

Add:

(4) This section does not apply in relation to a matter that gives rise to an obligation under section 72 of the Public Governance, Performance and Accountability Act 2013 (which deals with tabling of notices relating to matters such as acquisition of shares).

344 At the end of paragraph 14(2)(a)

Add "or".

345 Paragraph 14(2)(b)

Omit "or" (last occurring).

346 Paragraph 14(2)(c)

Repeal the paragraph.

347 At the end of subsection 14(2)

Add:

348 Subsection 16(6)

Omit "Where, by reason of section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "If, because of rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests)".

349 Paragraph 21C(2)(d)

Omit "of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ".

350 At the end of subsection 21C(2)

Add:

351 Section 22

Before "The Chief Executive Officer", insert "(1)".

352 At the end of section 22

Add:

(2) Subsection ( 1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

353 Subsection 27(4)

Repeal the subsection, substitute:

(4) Subsection ( 3) 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 Organisation.

354 Section 29

Repeal the section, substitute:

29 Extra matters to be included in annual report

The report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of each direction, given by the Minister to the Board under section 11 of this Act, that is applicable in relation to the period.

355 Subsection 36A(1)

356 Subsection 39(1)

Omit "maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 that does not,", substitute "that does not".

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

357 Section 21

Repeal the section.

358 Paragraph 22(2)(d)

Repeal the paragraph, substitute:

359 Division 6 of Part 3

Repeal the Division.

360 Sections 41 and 42

Repeal the sections, substitute:

41 Disclosure of interests to the Minister

(1) A disclosure by an Advisory Council member 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 , the Advisory Council 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.

(4) The Minister may terminate the appointment of an Advisory Council member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 , or the rules made for the purposes of that section.

(5) Subsection ( 4) does not limit subsection 34(5).

361 Sections 51 and 52

Repeal the sections, substitute:

51 Disclosure of interests to the CEO

(1) A disclosure by an expert advisory committee member 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 CEO.

(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 expert advisory committee 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.

(4) The CEO may terminate the appointment of an expert advisory committee member if the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 , or the rules made for the purposes of that section.

(5) Subsection ( 4) does not limit subsection 46(4).

Australian Passports Act 2005

362 Subsection 13(3) ( 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 )".

363 Subsection 14(3) ( subparagraph ( b)(iii) of the definition of competent authority )

Australian Postal Corporation Act 1989

364 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

365 Section 13 (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to Australia Post. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

366 Paragraph 28(a)

Repeal the paragraph, substitute:

(a) any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013 ;

367 Section 38

Omit "under section 17 of the Commonwealth Authorities and Companies Act 1997 ", substitute "for Australia Post under section 35 of the Public Governance, Performance and Accountability Act 2013 ".

368 At the end of paragraphs 38(a) to (g)

Add "and".

369 Paragraph 38(h)

Repeal the paragraph, substitute:

(h) the cost of performing Australia Post's functions in a manner consistent with any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013 ; and

370 Subsection 40(1)

Omit "section 17 of the Commonwealth Authorities and Companies Act 1997 ", substitute "section 35 of the Public Governance, Performance and Accountability Act 2013 ".

371 Subsection 43(1)

Omit "under section 9 of the Commonwealth Authorities and Companies Act 1997 ", substitute "given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period".

372 Paragraphs 43(1)(a), (b) and (c)

Repeal the paragraphs.

373 Paragraph 43(1)(fa)

Omit "year", substitute "period".

374 Subparagraph 43(1)(g)(i)

Repeal the subparagraph, substitute:

(i) any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013 for the period;

375 Subparagraph 43(1)(g)(ii)

Omit "year", substitute "period".

376 Paragraphs 43(1)(h), (k), (m), (n) and (o)

Omit "year" (wherever occurring), substitute "period".

377 Subsection 43(2) (definition of corporate plan )

Omit "section 17 of the Commonwealth Authorities and Companies Act 1997 ", substitute "section 35 of the Public Governance, Performance and Accountability Act 2013 ".

378 Subsection 44(1)

379 Paragraph 44(1)(a)

Omit "financial targets applicable to the year", substitute "financial targets applicable to the period".

380 Paragraphs 44(1)(d), (e) and (f)

Omit "year" (wherever occurring), substitute "period".

381 Subparagraph 44(1)(g)(ii)

Repeal the subparagraph, substitute:

(ii) the cost of performing Australia Post's functions in a way consistent with any government policy orders that apply in relation to Australia Post under section 22 of the Public Governance, Performance and Accountability Act 2013 for the period; and

382 Subsection 44(3) (definition of corporate plan )

Omit "section 17 of the Commonwealth Authorities and Companies Act 1997 ", substitute "section 35 of the Public Governance, Performance and Accountability Act 2013 ".

383 Subsection 56A(8) (note)

Omit "prescribed agency for the purposes of the Financial Management and Accountability Act 1997 ", substitute "Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ".

384 Subsection 57(2)

Repeal the subsection, substitute:

385 Subsection 67(2)

Omit "section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

386 Section 71

Omit "Sections 27F and 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) and any rules made for the purposes of that section".

387 At the end of paragraph 79(2)(a)

Add "or".

388 Paragraph 79(2)(b)

Repeal the paragraph.

389 At the end of subsection 79(2)

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).

390 Paragraph 79(5)(a)

Omit "under section 15 or 16, or subsection 17(5), of the Commonwealth Authorities and Companies Act 1997 ", substitute "under section 19 of the Public Governance, Performance and Accountability Act 2013 ".

391 Section 84

Before "The Managing Director", insert "(1)".

392 At the end of section 84

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 Managing Director despite subsection 30(6) of that Act.

393 Section 87

Before "The Managing Director", insert "(1)".

394 At the end of section 87

Add:

(2) Subsection ( 1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

Australian Prudential Regulation Authority Act 1998

395 Subsection 11(3) (note)

Repeal the note, substitute:

Note: The Chair of APRA may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the Public Governance, Performance and Accountability Act 2013 .

396 Paragraph 12A(a)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

397 At the end of Part 4A

Add:

Division 3 -- Miscellaneous

48E Application of section 29 of the Public Governance, Performance and Accountability Act 2013

Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply in relation to:

(a) an APRA member; or

(b) an APRA staff member; or

398 Subsection 50(3) (note)

Omit "the Finance Minister's Orders (see section 49 of the Financial Management and Accountability Act 1997 )", substitute "the accounting standards and with rules made for the purposes of section 42 of the Public Governance, Performance and Accountability Act 2013 ".

399 Subsection 52(2)

400 Subsection 53(1) (note)

Omit "Special Account" (wherever occurring), substitute "special account".

401 Subsection 54(2) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

402 Subsection 54A(2)

403 Section 54C (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

404 Subsection 54E(6) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

405 Subsection 59(1)

Repeal the subsection.

406 Subsection 59(2) (heading)

Repeal the heading.

407 Subsection 59(2)

Omit "A report under subsection ( 1) must include the following:", substitute "The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:".

408 Paragraphs 59(2)(b) and (ba)

Omit "year", substitute "period".

409 Paragraph 59(2)(c)

Omit "regulations;", substitute "regulations.".

410 Paragraphs 59(2)(d) and (e)

Repeal the paragraphs.

411 Subsection 59(4)

Repeal the subsection.

Australian Radiation Protection and Nuclear Safety Act 1998

412 Section 13 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

413 Section 50

Repeal the section.

414 Paragraph 51(2)(f)

Repeal the paragraph, substitute:

(f) the CEO 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;

415 Subsection 56(2)

416 Subsection 56(3) (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

417 Section 59

Repeal the section, substitute:

59 Annual report

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:

(a) must be a report of the activities, during the period, of:

(i) the CEO; and

(ii) ARPANSA; and

(iii) the Council, the Radiation Health Committee and the Nuclear Safety Committee; and

(b) must include the following:

(i) details of directions given by the Minister during the period under section 16 of this Act;

(ii) details of any breach of licence conditions by a licensee during the period, of which the CEO is aware;

(iii) details of all reports received by the CEO during the period under paragraph 20(f) or 26(1)(d) of this Act.

Australian Research Council Act 2001

418 Section 4 (definition of interest )

Repeal the definition.

419 Paragraph 33C(2)(b)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

420 Subsection 33C(3)

Omit "in a financial year".

421 Paragraph 33C(3)(b)

Omit "for the ARC for the financial year", substitute ", prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 , for the period in which the direction is given".

422 Subsection 33C(3) (at the end of the note)

Add "of this Act".

423 Subsection 39(1) (heading)

Repeal the heading.

424 Subsection 39(1)

Omit "(1)".

425 At the end of subsection 39(1)

Add:

Note: The CEO must also disclose interests under section 29 of the Public Governance, Performance and Accountability Act 2013 .

426 Subsections 39(2) and (3)

Repeal the subsections.

427 Division 1 of Part 6 (heading)

Repeal the heading, substitute:

Division 1 -- Corporate plans

428 Section 42

Repeal the section, substitute:

42 Corporate plans

(1) The CEO must give to the Minister for approval the corporate plan prepared under section 35 of the Public Governance, Performance and Accountability Act 2013 .

(2) Without limiting that section (or the rules made for the purposes of that section), the plan must deal with any matters that the Minister, by notice in writing to the CEO, requires to be dealt with in the plan.

429 Section 43 (heading)

Repeal the heading, substitute:

43 Ministerial approval of corporate plans

430 Subsections 43(1) to (4)

Omit "strategic plan" (wherever occurring), substitute "corporate plan".

431 Section 44 (heading)

Repeal the heading, substitute:

44 Variation of corporate plans

432 Subsections 44(1) and (3)

Omit "strategic plan" (wherever occurring), substitute "corporate plan".

433 Section 45

Repeal the section, substitute:

45 Annual report to include assessment of CEO's performance using performance indicators in corporate plan

(1) The annual report referred to in section 46 for a period must include an assessment of the CEO's performance of his or her functions during that period.

(2) The performance indicators set out in the corporate plan as required by the rules made for the purposes of section 35 of the Public Governance, Performance and Accountability Act 2013 must be used in making that assessment.

Note: For more information about the ARC's annual report, see section 46 of this Act.

434 Section 46

Repeal the section, substitute:

46 Annual report

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 also deal with:

(a) any matters required by other provisions of this Act to be dealt with in the report; and

(b) any other matters that the Minister, by notice in writing to the CEO, requires to be dealt with in the report.

Note: Other provisions of this Act that require matters to be dealt with in the report are subsection 33C(3) and section 45.

435 Subsection 62(2)

436 Section 63 (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

Australian Security Intelligence Organisation Act 1979

437 Subsection 34ZJ(3)

Omit "year", substitute "period".

438 Subsection 34ZJ(3)

Omit "under", substitute "referred to in".

439 Section 94

Repeal the section, substitute:

94 Annual report

(1) The annual report prepared by the Director - General and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a statement of:

(a) the total number of requests made under Division 3 of Part III to issuing authorities during the period for the issue of warrants under that Division; and

(b) the total number of warrants issued during the period under that Division; and

(d) the number of hours each person appeared before a prescribed authority for questioning under a warrant issued during the period under section 34E and the total of all those hours for all those persons; and

(e) the total number of warrants issued during the period under section 34G; and

(f) the following numbers:

(i) the number of hours each person appeared before a prescribed authority for questioning under a warrant issued during the period under section 34G;

(ii) the number of hours each person spent in detention under such a warrant;

(iii) the total of all those hours for all those persons; and

(g) the number of times each prescribed authority had persons appear for questioning before him or her under warrants issued during the period.

(2) A statement included under subsection ( 1) in a report must not name, or otherwise specifically identify, any person to whom information provided in the report relates.

(3) A copy of the report must be given to the Leader of the Opposition in the House of Representatives, but it is the duty of the Leader of the Opposition to treat as secret any part of the report that is not tabled in a House of the Parliament.

(4) Subject to subsection ( 5), the Minister must cause a copy of the report to be laid before each House of the Parliament within 20 sitting days of that House after the report is received by the Minister.

(5) For the purposes of subsection ( 4), the Minister may make such deletions from the report as the Minister, after obtaining advice from the Director - General, considers necessary in order to avoid prejudice to security, the defence of the Commonwealth, the conduct of the Commonwealth's international affairs or the privacy of individuals.

(6) The Minister must not delete from a report a statement described in subsection ( 1).

Australian Sports Anti - Doping Authority Act 2006

440 Section 22 (note)

Repeal the note.

441 Subsection 24(4)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

442 Section 24E

Repeal the section.

443 Paragraph 24J(2)(b)

Omit "24E or".

444 After paragraph 24J(2)(b)

Insert:

(ba) the CEO 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; or

445 Sections 31 and 32

Repeal the sections, substitute:

31 Disclosure of interests to the Minister

(1) A disclosure by an Advisory Group member 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 , the Advisory Group 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.

32 Disclosure of interests by CEO attending etc. Advisory Group meetings

If:

(a) the CEO attends and participates in, or proposes to attend or participate in, a meeting of the Advisory Group; and

(b) rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 apply in relation to the participation of Advisory Group members in the meeting;

the CEO must, in relation to the CEO's participation in the meeting, comply with those rules as if the CEO were an Advisory Group member.

446 Paragraph 37(2)(b)

Omit "section 31 or 32", substitute "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".

447 Sections 48 and 49

Repeal the sections, substitute:

48 Disclosure of interests to the Minister

(1) A disclosure by an ADRVP member 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 , the ADRVP 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.

448 Paragraph 50C(2)(b)

Omit "48, 49 or".

449 After paragraph 50C(2)(b)

Insert:

(ba) the ADRVP member 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; or

450 Sections 74 and 75

Repeal the sections, substitute:

74 Annual report

(1) 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 set out the following:

(a) the number of disclosure notices given in the period;

(b) the number of proceedings for contraventions of section 13C (failure to comply with disclosure notice) that were commenced or concluded in the period;

(c) the number of proceedings concluded in the period in which a person was ordered to pay a civil penalty for contravening section 13C of this Act.

(2) Without limiting subsection ( 1), the report must set out the number of times the CEO has exercised the discretion referred to in subsection 68(5A) of this Act in relation to protected customs information during the period.

Australian Sports Commission Act 1989

451 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

452 Subsection 5(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

453 Paragraph 19(2)(b)

Repeal the paragraph.

454 At the end of subsection 19(2)

Add:

455 Subsection 22(7)

Repeal the subsection, substitute:

(7) Rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 dealing with disclosing interests in a matter that is about to be considered by a body (other than the members of an accountable authority) apply to members of a committee as if:

(a) the committee were the accountable authority of a Commonwealth entity; and

(b) the members were members of that accountable authority; and

456 Part IV (heading)

Repeal the heading, substitute:

Part IV -- Corporate plans and annual operational plans

457 Sections 23 and 24

Repeal the sections, substitute:

23 Corporate plans

Each corporate plan prepared by the members of the Commission under section 35 of the Public Governance, Performance and Accountability Act 2013 :

(a) must be submitted to the Minister for approval not less than 3 months, or such lesser period as the Minister, in special circumstances, allows, before the day of commencement of the period to which the corporate plan relates; and

(b) must be laid before each House of the Parliament within 15 sitting days of that House after the Minister has approved the corporate plan; and

(i) the day on which it is approved by the Minister; or

(ii) the day of commencement of the period to which it relates;

whichever is the later.

458 Section 25 (heading)

Repeal the heading, substitute:

25 Variation of corporate plans

459 Subsection 25(1)

Omit "in respect of which a strategic plan prepared in accordance with section 23 is in force", substitute "to which a corporate plan, prepared by the members of the Commission under section 35 of the Public Governance, Performance and Accountability Act 2013 , relates".

460 Subsection 25(1)

Omit "the strategic plan", substitute "the corporate plan".

461 Subsections 25(2) and (3) and 26(1), (2) and (5)

Omit "strategic plan" (wherever occurring), substitute "corporate plan".

462 Section 27

Omit "strategic plan", substitute "corporate plan".

463 Section 37

Before "The Executive Director", insert "(1)".

464 At the end of section 37

Add:

(2) Subsection ( 1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

465 Subsection 45(2)

Repeal the subsection, substitute:

466 Subsection 47(1)

Omit "(1)".

467 Subsection 47(2)

Repeal the subsection.

468 Section 48

Repeal the section, substitute:

48 Extra matters to be included in annual report

The annual report prepared by the members of the Commission and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must:

(a) specify the financial transactions and the state of the affairs of the Australian Sports Foundation; and

(b) include particulars of each direction given to it by the Minister under subsection 11(1) that is applicable in relation to the period; and

(c) include an assessment of the extent to which its operations during the period have implemented the relevant operational plan; and

(d) include particulars of:

(i) significant capital works programs (if any) undertaken by the Commission during the period; and

(ii) significant acquisitions and dispositions of real property by the Commission during the period; and

(iii) variations to the operational plan agreed to by the Minister during the period.

469 Subsection 52(1)

Omit "maintained under subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

Australian Trade Commission Act 1985

470 Subsection 3(1) (definition of corporate plan )

Repeal the definition, substitute:

"corporate plan" means a plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013 , and includes such a plan as varied under section 66 of this Act.

471 Section 64

Repeal the section.

472 Section 92

Repeal the section, substitute:

92 Annual reports

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 the following:

(a) information about the Commission's operations under the Export Market Development Grants Act 1997 during the period;

(b) particulars of all directions given by the Minister to the CEO under subsection 10(1) during the period, other than any direction that includes a statement to the effect that the direction is not to be disclosed:

(i) for reasons of national security; or

(ii) because its disclosure would have an adverse effect on the financial interests or property interests of the Commonwealth or of an instrumentality of the Commonwealth.

Australian War Memorial Act 1980

473 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

474 Subsection 4(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Memorial. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

475 Paragraph 14(2)(b)

Omit "; or", substitute ";".

476 Paragraph 14(2)(c)

Repeal the paragraph.

477 At the end of subsection 14(2)

Add:

478 Subsection 32(4)

Omit "in accordance with subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

479 Subsection 33(2)

Repeal the subsection, substitute:

480 Subsection 35(1)

Omit "(1)".

481 Subsection 35(2)

Repeal the subsection.

Autonomous Sanctions Act 2011

482 Section 4 (definition of Commonwealth entity )

Repeal the definition, substitute:

"Commonwealth entity" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

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