Definitions
4 Definitions
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’s bill:Explanatory memorandumSecond reading speech
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