Application of the Public Governance, Performance and Accountability Act 2013
6 Application of the Public Governance, Performance and Accountability Act 2013
Despite section 5 of this Act, the following provisions of the Public Governance, Performance and Accountability Act 2013 do not apply in relation to CSC’s management and investment of money that forms part of a superannuation fund administered by CSC:
subsection 15(2) (which deals with the duty to govern a Commonwealth entity);
paragraphs 19(1)(c), (d) and (e) (which deal with the duty to keep the Minister informed);
section 36 (which deals with budget estimates);
section 59 (which deals with investment);
section 72 (which deals with the Minister informing Parliament of certain events);
any other provision of that Act prescribed by regulations made for the purposes of this Act.
126 Subsection 17(3)
Repeal the subsection, substitute:
The Minister may terminate the appointment of a director if the director’s continuation in office would contravene a SIS fitness and propriety standard.
127 At the end of subsection 17(4)
Add:
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).
128 Subsection 17(5)
Omit “paragraph 16(1)(a) or (b) of the Commonwealth Authorities and Companies Act 1997”, substitute “paragraph 19(1)(a) or (b) of the Public Governance, Performance and Accountability Act 2013”.
129 At the end of section 17
Add:
Consultation and consent requirements for termination under the Public Governance, Performance and Accountability Act 2013
Subsections (6), (7), (8) and (9) apply (subject to subsection (11)) in relation to the termination of the appointment of a director under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as they apply to the termination of the appointment of a director under this section.
However, subsections (7), (8) and (9) (as they apply because of subsection (10)) do not apply in relation to the termination of the appointment of a director under section 30 of that Act on the ground of a failure to comply with section 29 of that Act (which deals with the duty to disclose interests) or rules made for the purposes of that section.
130 Subparagraph 21(2)(a)(ii)
Repeal the subparagraph, substitute:
rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013;
131 Paragraph 21(2)(a)
Omit “prevents”, substitute “prevent”.
132 At the end of section 22
Add:
This section applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
133 Paragraph 24(3)(b)
Repeal the paragraph, substitute:
a director who is prevented by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 from deliberating on the proposed decision.
134 At the end of subsection 30(1)
Add:
A report prepared under this section is in addition to a report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013.
Governor‑General Act 1974
135 Subsection 2A(2) (definition of Finance Department)
Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”.
136 Subsections 4C(2) and (3) and 4D(3) (note)
Repeal the note.
137 Subsection 4E(11)
Omit “Financial Management and Accountability Act 1997) who is in the designated Department or is part of the designated Department”, substitute “Public Governance, Performance and Accountability Act 2013) of the designated Department”.
138 Section 19
Repeal the section.
Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013
139 After paragraph 33(3)(a) of Schedule 2
Insert:
the 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 Grape and Wine Authority; or
Great Barrier Reef Marine Park Act 1975
140 Subsection 3(1)
Insert:
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.
141 Paragraph 8B(a)
Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”.
142 Paragraph 16(2)(e)
Repeal the paragraph, substitute:
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;
143 Sections 16A and 16B
Repeal the sections, substitute:
This Act’s bill:Explanatory memorandumSecond reading speech
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