1Short title
This Act may be cited as the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.
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Bill homepage (APH)This Act may be cited as the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
|---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 30 June 2014 |
2. Schedules 1 to 4 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. | 1 July 2014 |
3. Schedule 5, Parts 1 and 2 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. | 1 July 2014 |
4. Schedule 5, Part 3 | The later of: (a) immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013; and (b) immediately after the commencement of Schedules 3 and 6 to the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013. | 1 July 2014 |
5. Schedule 5, Parts 4 to 6 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. | 1 July 2014 |
6. Schedules 6 to 12 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. | 1 July 2014 |
7. Schedule 13, Part 1 | The later of: (a) immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013; and (b) immediately after the commencement of Schedules 3, 5 and 6 to the Agricultural and Veterinary Chemicals Legislation Amendment Act 2013. | 1 July 2014 |
8. Schedule 13, Part 2 | The later of: (a) immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013; and (b) immediately after Part 2 of Schedule 2 to the Antarctic Treaty (Environment Protection) Amendment Act 2012 commences. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | |
9. Schedule 13, Part 3 | The later of: (a) immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013; and (b) immediately after the commencement of Part 2 of Schedule 1 to the Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013. | 1 July 2014 |
10. Schedule 13, Part 4, Division 1 | Immediately after the commencement of the provision(s) covered by table item 5. However, if Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013 commences before or at that time, the provision(s) do not commence at all. | 1 July 2014 |
11. Schedule 13, Part 4, Division 2 | The later of: (a) immediately after the commencement of the provision(s) covered by table item 5; and (b) immediately after the commencement of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Act 2013. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 October 2014 (paragraph (b) applies) |
12. Schedule 13, Part 4, Division 3 | The later of: (a) immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013; and (b) immediately after the commencement of Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Act 2013. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 October 2014 (paragraph (b) applies) |
13. Schedule 13, Part 5 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. However, if Schedule 3 to the Wheat Export Marketing Amendment Act 2012 commences before or at that time, the provision(s) do not commence at all. | 1 July 2014 |
14. Schedule 14 | Immediately after the commencement of section 6 of the Public Governance, Performance and Accountability Act 2013. | 1 July 2014 |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
In this Act:
CAC Act means the Commonwealth Authorities and Companies Act 1997, as in force immediately before the commencement time.
commencement time means immediately after the commencement of section 6 of the PGPA Act.
FMA Act means the Financial Management and Accountability Act 1997, as in force immediately before the commencement time.
PGPA Act means the Public Governance, Performance and Accountability Act 2013.
reporting period has the meaning given by the PGPA Act.
Schedule 1—Application provisions for and amendments of the PGPA Act
Part 1—Delayed application of certain provisions of Parts 2‑3 and 3‑2 of the PGPA Act
1 Corporate plans
Sections 35 and 95 of the PGPA Act (which deal with corporate plans for Commonwealth entities and Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1 July 2015.
2 Budget estimates
Sections 36 and 96 of the PGPA Act (which deal with budget estimates for Commonwealth entities and wholly‑owned Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1 July 2014.
3 Annual performance statements
Sections 39 and 40 of the PGPA Act (which deal with annual performance statements for Commonwealth entities) apply in relation to reporting periods for those entities that commence on or after 1 July 2015.
4 Annual financial statements
Sections 42 and 43 of the PGPA Act (which deal with annual financial statements for Commonwealth entities) apply in relation to reporting periods for those entities that commence on or after 1 July 2014.
5 Audit of financial statements of subsidiaries
Sections 44 and 99 of the PGPA Act (which deal with audits of financial statements of subsidiaries of Commonwealth entities or Commonwealth companies) apply in relation to reporting periods for those subsidiaries that commence on or after 1 July 2014.
6 Annual reports
Sections 46 and 97 of the PGPA Act (which deal with annual reports for Commonwealth entities and Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1 July 2014.
7 Australian Government financial reporting
Sections 47, 48 and 49 of the PGPA Act (which deal with Australian Government financial reporting) apply in relation to the 2014‑2015 financial year and later financial years.
Part 2—Other application provisions
8 Duties of officials—use of position
Section 27 of the PGPA Act (which deals with the duty of officials in relation to the use of their position) applies to uses occurring after the commencement time.
9 Duties of officials—use of information
Section 28 of the PGPA Act (which deals with the duty of officials in relation to the use of information) applies to uses by officials occurring after the commencement time of information obtained by the officials before or after that time.
10 Duties of officials—disclosure of interests
Section 29 of the PGPA Act (which deals with the duty of officials to disclose their interests) applies to interests that arise for officials before or after the commencement time.
11 Termination of appointment
Section 30 of the PGPA Act (which deals with termination of appointment) applies to appointments made before or after the commencement time.
12 Banking
Section 55 of the PGPA Act (which deals with amounts received by officials) applies to amounts received after the commencement time.
13 Waiver of amounts and modification of payment terms
Section 63 of the PGPA Act (which deals with waiver of amounts owing to the Commonwealth and modification of payment terms) applies to amounts owing to the Commonwealth before or after the commencement time.
14 Set‑off
Section 64 of the PGPA Act (which deals with setting off amounts owing to or by the Commonwealth) applies to amounts owing to or by the Commonwealth before or after the commencement time.
15 Gifts of relevant property
Sections 66 and 67 of the PGPA Act (which deal with gifts of property) apply to gifts made after the commencement time of property acquired before or after that time.
16 Losses of relevant money or relevant property
Sections 68, 69 and 70 of the PGPA Act (which deal with losses of relevant money or relevant property) apply to losses occurring after the commencement time.
17 Ministers to inform Parliament of certain events
Section 72 of the PGPA Act (which requires Ministers to inform Parliament of certain events) applies to events occurring after the commencement time.
18 Receipt of amounts by non‑corporate Commonwealth entities
Section 74 of the PGPA Act (which deals with amounts received by non‑corporate Commonwealth entities) applies to amounts received after the commencement time.
19 Transfers of functions between non‑corporate Commonwealth entities
Section 75 of the PGPA Act (which deals with transfers of functions between non‑corporate Commonwealth entities) applies to determinations made after the commencement time in relation to transfers of functions occurring before or after that time.
20 Payments between non‑corporate Commonwealth entities
Section 76 of the PGPA Act (which deals with payments made between non‑corporate Commonwealth entities) applies to payments made after the commencement time.
21 Repayments by the Commonwealth
Section 77 of the PGPA Act (which deals with repayments of amounts received by the Commonwealth) applies to amounts received by the Commonwealth before or after the commencement time.
22 Special accounts
Section 80 of the PGPA Act (which deals with special accounts) applies to special accounts established before or after the commencement time.
23 Recovery of debts
Rules made for the purposes of paragraph 103(c) of the PGPA Act (which deals with recovery of debts) apply to:
debts incurred after the commencement time; and
debts incurred before that time, but only if the recovery of the debt had not been pursued before that time.
Part 3—Amendments
Public Governance, Performance and Accountability Act 2013
24 At the end of section 101
Add:
Despite subsection 14(2) of the Legislative Instruments Act 2003, the rules may provide in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in instructions given under section 20A of this Act as in force or existing from time to time.
Schedule 2—Amendment of the Financial Management and Accountability Act 1997
Part 1—Amendments
Financial Management and Accountability Act 1997
1 Reader’s guide
Repeal the guide.
2 Title
Omit “the proper use and management of public money, public property and other Commonwealth resources”, substitute “powers to make commitments to spend money and powers in relation to companies”.
3 Section 1
Omit “Financial Management and Accountability”, substitute “Financial Framework (Supplementary Powers)”.
4 After section 2
Insert:
This Act confers on the Commonwealth, in certain circumstances, the powers:
to make arrangements under which relevant money and other CRF money can be spent, or to make grants of financial assistance; and
to form, or otherwise be involved in, companies.
The arrangements, grants, programs and companies (or classes of arrangements or grants) in relation to which the powers are conferred are specified in the regulations.
5 At the end of Part 1
Add:
In this Act:
accountable authority has the meaning given by the Public Governance, Performance and Accountability Act 2013.
Finance Minister means the Minister administering this Act.
Minister includes the President of the Senate or the Speaker of the House of Representatives.
non‑corporate Commonwealth entity has the meaning given by the Public Governance, Performance and Accountability Act 2013.
official has the meaning given by the Public Governance, Performance and Accountability Act 2013.
other CRF money has the meaning given by the Public Governance, Performance and Accountability Act 2013.
relevant money has the meaning given by the Public Governance, Performance and Accountability Act 2013.
This Act and the regulations are to be read together with the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013).
6 Parts 2 and 3
Repeal the Parts.
7 Part 4 (heading)
Repeal the heading, substitute:
11 Subparagraph 32B(1)(a)(i)
Omit “public money”, substitute “relevant money or other CRF money”.
12 Subsection 32B(1)
Omit “, subject to compliance with this Act, the regulations, Finance Minister’s Orders, Special Instructions and any other law”.
13 At the end of subsection 32B(1)
Add:
The Public Governance, Performance and Accountability Act 2013 deals with the use and management of public resources (including relevant money and other CRF money).
14 Subsection 32B(2)
Omit “a Chief Executive” (first occurring), substitute “an accountable authority of a non‑corporate Commonwealth entity”.
15 Subsection 32B(2) (notes 1 and 2)
Repeal the notes, substitute:
For the power to delegate, see section 32D.
16 Subsection 32C(3)
Omit “a Chief Executive” (first occurring), substitute “an accountable authority of a non‑corporate Commonwealth entity”.
17 Subsection 32C(3) (notes 1 and 2)
Repeal the notes, substitute:
For the power to delegate, see section 32D.
18 Sections 32D and 32E
Repeal the sections, substitute:
Delegation by a Minister
A Minister may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.
An accountable authority may delegate a power delegated under this section (see section 32DA).
In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.
Delegation by an accountable authority
An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non‑corporate Commonwealth entity.
In exercising powers under a delegation, the delegate must comply with any directions of the accountable authority concerned.
An accountable authority of a non‑corporate Commonwealth entity may, by writing, delegate to an official (the second delegate) of any non‑corporate Commonwealth entity powers and functions that have been delegated to the accountable authority by a Minister under section 32D.
The power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the Minister.
If the accountable authority is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the accountable authority under section 32D, then:
the accountable authority must give corresponding directions to the second delegate; and
the accountable authority may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.
The second delegate must comply with any directions of the accountable authority.
Section 23 of the Public Governance, Performance and Accountability Act 2013 (which deals with the power of accountable authorities in relation to arrangements and commitments) does not authorise the accountable authority of a non‑corporate Commonwealth entity to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 32B of this Act.
19 Division 4 of Part 4
Repeal the Division.
20 Part 5 (heading)
Repeal the heading.
21 Sections 37 to 39A
Repeal the sections.
22 Subsection 39B(3) (note)
Repeal the note, substitute:
For the power to delegate, see section 40.
23 Subsection 39B(4)
Repeal the subsection.
24 Subsection 39B(5) (definition of Commonwealth company)
Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”.
25 At the end of Part 5
Add:
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