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

If an Appropriation Act relating to a financial year declares that a specified amount is the debit limit in relation to the financial year for the purposes of this section, the total of the following amounts debited during the financial year must not exceed that limit:

an amount debited from the Health and Hospitals Fund Special Account for the purpose mentioned in paragraph 218(1)(a);

an amount debited from the HHF Health Portfolio Special Account (other than a debit under section 264);

an amount debited from the COAG Reform Fund in accordance with subsection 265(2).

If, for a financial year, there is no Appropriation Act relating to the financial year that specifies a debit limit for the financial year for the purposes of this section, an amount referred to in subsection (1) must not be debited from a Special Account or Fund.

This section applies despite any provision of this Act or the Public Governance, Performance and Accountability Act 2013.

In making the decision, the Finance Minister must have regard to the principle that the total of the amounts referred to in subsection 267(1) debited during the financial year should depend primarily on the macroeconomic circumstances.

the repeal of the definition of drawing right in section 4 of the Nation‑building Funds Act 2008 made by this Schedule;

the amendments to the following sections of the Nation‑building Funds Act 2008 made by this Schedule:

section 50;

sections 109 to 112;

section 169;

sections 199 to 202;

section 244;

sections 267 to 270.

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

Section 29 of the Public Governance, Performance and Accountability Act 2013 does not apply to the Registrar.

For the purposes of the Public Governance, Performance and Accountability Act 2013, the Registrar of the Federal Court is the accountable authority of the listed entity that includes the Native Title Registrar, the Deputy Registrars and the staff assisting the Tribunal.

The representative body may invest money received by it under this Division if:

the money is not immediately required for the purposes of the body; and

the money is invested:

on deposit with a bank, including a deposit evidenced by a certificate of deposit; or

in securities of, or securities guaranteed by, the Commonwealth, a State or a Territory; or

in any other manner approved by the Finance Minister in writing.

In this section:

A director of the representative body who has a material personal interest in a matter that is being considered by the body’s governing body:

must not be present during any deliberation by the governing body on the matter; and

must not take part in any decision of the governing body on the matter.

However, a contravention of this provision does not affect the validity of any resolution.

Subsection (3) applies instead of any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 which deal with the consequences of having a material personal interest in a matter that is being considered at a meeting of a governing body.

To avoid doubt, this section does not otherwise affect the obligations imposed by the Public Governance, Performance and Accountability Act 2013 or any rules made for the purposes of that Act on a representative body that is a Commonwealth entity (within the meaning of that Act).

Except as provided in this section, a representative body may indemnify a person who is or has been an officer of the body from any liability incurred by the person as an officer of the body.

A representative body, or a subsidiary of a representative body, must not exempt a person (whether directly or through an interposed entity) from a liability to the body incurred as an officer of the body.

A representative body, or a subsidiary of a representative body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against any of the following liabilities incurred as an officer of the body:

a liability owed to the body or a subsidiary of the body;

a liability for:

a civil penalty order under section 386‑10 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006; or

a compensation order under section 386‑15 of that Act;

a liability that is owed to someone other than the body or a subsidiary of the body and did not arise out of conduct in good faith.

A representative body, or a subsidiary of a representative body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against legal costs incurred in defending an action for a liability incurred as an officer of the body if the costs are incurred:

in defending or resisting a proceedings in which the person is found to have a liability for which they could not be indemnified under subsection (4) of this section; or

in defending or resisting criminal proceedings in which the person is found guilty; or

in defending or resisting proceedings brought by the Registrar of Aboriginal and Torres Strait Islander Corporations under section 386‑20 or subsection 386‑55(8) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 for a court order if the grounds for making the order are found by the court to have been established; or

in connection with proceedings for relief to the person under section 386‑60 of that Act against an application under section 386‑20 of that Act, or for relief to the person under section 576‑1 of that Act, in which the Court denies the relief.

For the purposes of subsection (5), the outcome of proceedings is the outcome of the proceedings and any appeal in relation to the proceedings.

Except as provided in subsection (8), a representative body may insure a person who is or has been an officer against liabilities incurred by the person as an officer.

A representative body, or a subsidiary of a representative body, must not pay, or agree to pay, a premium for a contract insuring a person who is, or has been, an officer of the body against a liability (other than one for legal costs) arising out of:

conduct involving a wilful breach of duty in relation to the body; or

a contravention of sections 265‑10 and 265‑15 respectively of the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

An offence based on subsection (8) is an offence of strict liability.

For strict liability, see section 6.1 of the Criminal Code.

This section does not authorise anything that would otherwise be unlawful.

Anything that purports to indemnify or insure a person against a liability or exempt them from a liability is void to the extent that it contravenes this section.

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