Application of the Public Governance, Performance and Accountability Act 2013
7A Application of the Public Governance, Performance and Accountability Act 2013
Accountable authority of Bank
For the purposes of the Public Governance, Performance and Accountability Act 2013, the Governor is the accountable authority of the Bank.
Provisions etc. which do not apply
The following sections of that Act do not apply in relation to the Bank:
section 36 (which deals with budget estimates);
section 54 (which deals with banking by corporate Commonwealth entities);
section 55 (which deals with banking of relevant money by Ministers and officials);
section 59 (which deals with investment by corporate Commonwealth entities).
Subject to subsections (4) and (5) of this section, a member of the Reserve Bank Board or the Payments System Board is taken, for the purposes of that Act, not to be an official (within the meaning of that Act) of the Bank.
The following members of the Reserve Bank Board or the Payments System Board are officials (within the meaning of that Act) of the Bank:
the Governor;
the Deputy Governor;
a member who is a staff member of the Reserve Bank Service.
Provisions about general duties of officials
Subdivision A of Division 3 of Part 2‑2 of that Act (which deals with general duties of officials) applies in relation to a member of the Reserve Bank Board or the Payments System Board who is not referred to in subsection (4) of this section as if the member were an official (within the meaning of that Act) of the Bank.
Despite section 29 of that Act (which deals with the duty to disclose interests), a member of the Reserve Bank Board is not required to disclose a material personal interest referred to in that section only because the member is making a decision in relation to monetary and banking policy.
Section 30 of that Act applies in relation to the following:
a member of the Reserve Bank Board appointed under paragraph 14(1)(d) of this Act;
a member of the Payments System Board referred to in paragraph 25A(d) of this Act;
as if the member were a member of the accountable authority of the Bank.
This means that the appointment of the member may be terminated if the member contravenes a duty in Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 or rules made for the purposes of that Subdivision.
Annual financial statements of Bank
The Governor may give annual financial statements for the Bank to the Auditor‑General under paragraph 42(1)(b) of the Public Governance, Performance and Accountability Act 2013 only if the Reserve Bank Board has passed a resolution approving the financial statements.
Audit committee of Bank
Despite any rules made for the purposes of section 45 of that Act, the charter setting out the functions of the audit committee must be approved by the Reserve Bank Board.
127 Subsection 8A(5)
Repeal the subsection.
128 At the end of section 8A
Add:
See section 7A for how the Public Governance, Performance and Accountability Act 2013 applies in relation to the 2 Boards.
129 Paragraph 18(1)(e)
Omit “or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997”.
130 At the end of subsection 18(1)
Add:
The appointment of a member appointed under paragraph 14(1)(d) 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). That section applies to the member because of section 7A of this Act.
131 Section 25
Before “If”, insert “(1)”.
132 At the end of section 25
Add:
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) does not apply in relation to the Governor despite subsection 30(6) of that Act.
133 Subparagraph 25L(4)(c)(ii)
Omit “; or”, substitute “.”.
134 Paragraph 25L(4)(d)
Repeal the paragraph.
135 At the end of section 25L
Add:
The appointment of a member referred to in paragraph 25A(d) 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). That section applies to the member because of section 7A of this Act.
Road Safety Remuneration Act 2012
136 Paragraph 112(6)(b)
Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”.
Royal Australian Air Force Veterans’ Residences Act 1953
137 At the end of section 5
Add:
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) does not apply in relation to a member despite subsection 30(6) of that Act.
138 Section 5A
Repeal the section.
139 At the end of subsection 7(1)
Add:
The Public Governance, Performance and Accountability Act 2013 applies to the Trust. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
140 Section 9
Before “The Trust”, insert “(1)”.
141 At the end of section 9
Add:
Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the Trust.
Royal Commissions Act 1902
142 Subsection 1B(1) (definition of Finance Minister)
Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”.
Schedule 12—Amendments of Acts starting with S to W
Safety, Rehabilitation and Compensation Act 1988
1 Subsection 4(1)
Insert:
Finance Minister means the Minister who administers the Public Governance, Performance and Accountability Act 2013.
2 Subsection 4(1) (definition of public money)
Repeal the definition.
3 Subsection 4(1)
Insert:
relevant money has the same meaning as in the Public Governance, Performance and Accountability Act 2013.
4 Paragraph 23A(6)(a)
Omit “public money”, substitute “relevant money”.
5 Subsection 23A(6)
Omit “for the purposes of section 30 of the Financial Management and Accountability Act 1997 to be a repayment of the Commonwealth salary etc. payment”, substitute “to be a repayment of the Commonwealth salary etc. payment and the receipt of an amount for the purposes of section 74 of the Public Governance, Performance and Accountability Act 2013”.
6 Subsection 23A(7)
Repeal the subsection.
7 Subsection 70B(2)
Omit “Section 29 of the Commonwealth Authorities and Companies Act 1997”, substitute “Section 86 of the Public Governance, Performance and Accountability Act 2013 (which deals with subsidiaries of corporate Commonwealth entities)”.
8 Subsection 73(3)
Omit “section 28 of the Commonwealth Authorities and Companies Act 1997”, substitute “section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities)”.
9 Subsection 74(1) (note)
Repeal the note, substitute:
The Public Governance, Performance and Accountability Act 2013 applies to Comcare. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.
10 At the end of subsection 76(1)
Add:
The Chief Executive Officer is the accountable authority of Comcare for the purposes of the Public Governance, Performance and Accountability Act 2013. See section 12 of that Act and subsection 74(1A) of this Act.
11 Subsections 76(4) and (5)
Repeal the subsections.
12 Paragraph 84(2)(b)
Omit “subsection 76(5) or”.
13 At the end of subsection 84(2)
Add:
The appointment of the Chief Executive Officer 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).
14 At the end of Division 1 of Part VII
Add:
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.