Application of Public Governance, Performance and Accountability Act 2013
514U Application of Public Governance, Performance and Accountability Act 2013
Sections 514A and 514E provide that the Director is a corporation. The Public Governance, Performance and Accountability Act 2013 applies (subject to subsection (2) of this section) in relation to the corporation as if the person holding, or performing the duties of, the office of Director were an accountable authority of the corporation for the purposes of that Act.
To avoid doubt, the Public Governance, Performance and Accountability Act 2013 applies to the Australian National Parks Fund as though the Fund were money held by the Director.
152 Section 514V
Omit “section 9 of the Commonwealth Authorities and Companies Act 1997”, substitute “and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period”.
153 Section 514V
Omit “year to which the report relates”, substitute “period”.
154 Subsections 516A(1) to (4)
Repeal the subsections, substitute:
Annual reports for Commonwealth entities
The accountable authority of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) must ensure that an annual report prepared under section 46 of that Act complies with subsection (6) of this section.
Annual reports of Commonwealth companies
The directors of a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013) that is a Commonwealth agency must ensure that the documents given to the responsible Minister (within the meaning of that Act) under section 97 of that Act include a report complying with subsection (6) of this section.
155 Paragraph 516A(5)(c)
Omit “(3) or”, substitute “(1) or”.
156 Subsection 516A(6)
Omit “(3),”.
Excise Act 1901
157 Subsection 165A(11)
Omit “, under section 34 of the Financial Management and Accountability Act 1997, to pay the amount notified to the relevant producer under subsection (3) in instalments in accordance with the provisions of that Act”, substitute “to pay the amount notified to the relevant producer under subsection (3) in accordance with rules (if any) made for the purposes of section 63 of the Public Governance, Performance and Accountability Act 2013”.
158 At the end of subsection 165A(11)
Add:
The CEO also has powers to collect and recover the duty under Part 4‑15 in Schedule 1 to the Taxation Administration Act 1953.
Export Finance and Insurance Corporation Act 1991
159 Subsection 3(1) (definition of Finance Minister)
Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”.
160 Subsection 6(2) (note)
Repeal the note, substitute:
The Public Governance, Performance and Accountability Act 2013 applies to EFIC. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
161 Subsection 11(2) (note)
Repeal the note, substitute:
Section 59 of the Public Governance, Performance and Accountability Act 2013 also gives EFIC the power to invest money that is not immediately required for the purposes of EFIC.
162 Paragraph 42(3)(b)
Omit “; or”, substitute “.”.
163 Paragraph 42(3)(c)
Repeal the paragraph.
164 At the end of subsection 42(3)
Add:
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).
165 Section 49 (note)
Repeal the note, substitute:
Section 35 of the Public Governance, Performance and Accountability Act 2013 requires the Board to prepare corporate plans.
166 Subsection 59(4)
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)”.
167 Section 70
Repeal the section, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
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