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Public Governance and Resources Legislation Amendment Bill (No. 1) 2015
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Schedule 5 Consequential amendments relating to the Public Governance, Performance and Accountability Act 2013

Part 1 Amendments

Agricultural and Veterinary Chemicals (Administration) Act 1992

1  At the end of Division 3 of Part 3

Add:

25A   Board members are officials of the APVMA

                   For the purposes of the Public Governance, Performance and Accountability Act 2013 , a Board member is an official (within the meaning of that Act) of the APVMA.

A New Tax System (Goods and Services Tax) Act 1999

2  Subsection 177-1(5)

Repeal the subsection, substitute:

             (5)  Untaxable Commonwealth entity means a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) that cannot be made liable to taxation by a law of the Commonwealth.

3  Section 195-1 (definition of Finance Minister )

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

Australian National Registry of Emissions Units Act 2011

4  Subsection 93(2)

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

Australian Securities and Investments Commission Act 2001

5  Paragraph 10A(a)

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

6  Paragraph 111(1)(e)

Repeal the paragraph, substitute:

                     (e)  without reasonable excuse, contravenes section 123 or 125; or

                      (f)  without reasonable excuse, contravenes 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.

7  Section 124

Repeal the section.

8  Subsections 136(1) and (2)

Repeal the subsections, substitute:

Content of annual report

             (1)  The report prepared by the Chairperson and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:

                     (a)  information about the exercise during the period of ASIC’s powers under Part 15 of the Retirement Savings Accounts Act 1997 and under Part 29 of the Superannuation Industry (Supervision) Act 1993 ;

                     (b)  information about ASIC’s monitoring and promotion of market integrity and consumer protection in relation to:

                              (i)  the Australian financial system; and

                             (ii)  the provision of financial services;

                     (c)  in relation to ASIC’s functions under subsection 11(14), in relation to each agreement or arrangement entered into by ASIC under that subsection, information about the activities that ASIC has undertaken during the period in accordance with that agreement or arrangement;

                     (d)  information about the operation of the Business Names Registration Act 2011 including:

                              (i)  details of the level of access to the Business Names Register using the internet and other facilities; and

                             (ii)  the timeliness with which ASIC carries out its duties, functions and powers under the Act; and

                            (iii)  the cost of registration of a business name under the Act;

                     (e)  information required to be included in the report by regulations under subsection (2A).

Note:          Section 34C of the Acts Interpretation Act 1901 contains provisions relating to annual reports.

9  Subsection 136(3)

Repeal the subsection.

10  Paragraph 235D(3)(c)

Repeal the paragraph, substitute:

                     (c)  include a copy of the advice and of his or her reasons in the annual report given by the Chair under section 46 of the Public Governance, Performance and Accountability Act 2013 for the period during which the action is taken.

11  Paragraph 235F(3)(c)

Omit “ Commonwealth Authorities and Companies Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

12  Section 235H

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

13  Section 235J

Repeal the section.

14  Paragraph 236DB(3)(c)

Repeal the paragraph, substitute:

                     (c)  include a copy of the advice and of his or her reasons in the annual report given by the Chair under section 46 of the Public Governance, Performance and Accountability Act 2013 for the period during which the action is taken.

15  Paragraph 236DD(3)(c)

Omit “ Commonwealth Authorities and Companies Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

16  Section 236DF

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

17  Section 236DG

Repeal the section.

Carbon Credits (Carbon Farming Initiative) Act 2011

18  Subsection 183(1) (note)

Repeal the note, substitute:

Note:          For the appropriation for the refund, see section 77 of the Public Governance, Performance and Accountability Act 2013 .

19  Subsection 299(2)

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

Clean » « Energy » Regulator Act 2011

20  Section 22

Repeal the section, substitute:

22   Disclosure of interests

             (1)  A disclosure by a member of the Regulator under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

             (2)  Subsection (1) applies in addition to any rules made for the purposes of that section.

             (3)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , a member of the Regulator is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.

21  Section 23

Repeal the section.

22  Paragraph 27(2)(d)

Omit “22 or 23”, substitute “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”.

23  Division 7 of Part 2

Repeal the Division, substitute:

Division 7 Planning and reporting obligations

39   Corporate plan

             (1)  A corporate plan prepared by the Chair of the Regulator under section 35 of the Public Governance, Performance and Accountability Act 2013 must include such matters (if any) as the Minister requires.

             (2)  The Minister may give the Chair written guidelines that are to be used by the Chair in deciding whether a matter is covered by subsection (1).

             (3)  A guideline given under subsection (2) is not a legislative instrument.

40   Annual report

             (1)  An annual report prepared by the Chair of the Regulator and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 is in addition to a report under section 105 of the Renewable « Energy » (Electricity) Act 2000 (the REE Act ).

             (2)  If a report (the REE report ) under section 105 of the REE Act relating to a calendar year has been presented to the Parliament, the report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period that ends after the end of the calendar year:

                     (a)  need not deal comprehensively with the working of the REE Act during any part of that period that overlaps with the calendar year; and

                     (b)  must include a summary of the REE report, to the extent that the REE report deals with the working of the REE Act during any part of that period that overlaps with the calendar year.

24  Paragraph 42(a)

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

Climate Change Authority Act 2011

25  Sections 26 and 27

Repeal the sections, substitute:

26   Disclosure of interests to the Climate Change Minister

             (1)  A disclosure by an Authority member or an associate Authority member under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Climate Change Minister.

             (2)  Subsection (1) applies in addition to any rules made for the purposes of that section.

             (3)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , an Authority member or an associate Authority member is taken not to have complied with section 29 of that Act if the member does not comply with subsection (1) of this section.

26  Paragraph 31(2)(d)

Repeal the paragraph, substitute:

                     (d)  the Authority member or associate Authority member 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 purpose of that section; or

27  Subsection 36(2)

Omit “section 27”, substitute “any rules made for the purpose of section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests)”.

28  Section 48

Repeal the section, substitute:

48   Disclosure of interests to the Authority

             (1)  A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Authority.

             (2)  Subsection (1) applies in addition to any rules made for the purposes of that section.

             (3)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.

29  Paragraph 50(2)(c)

Repeal the paragraph, substitute:

                     (c)  the CEO 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; or

30  Division 8 of Part 2

Repeal the Division, substitute:

Division 8 Corporate plans

55   Corporate plan

             (1)  A corporate plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013 must include such matters (if any) as the Minister requires.

             (2)  The Minister may give the CEO written guidelines that are to be used by the CEO in deciding whether a matter is covered by subsection (1).

             (3)  A guideline given under subsection (2) is not a legislative instrument.

31  Paragraph 58(a)

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

Corporations Act 2001

32  Paragraph 45B(1)(d)

Repeal the paragraph, substitute:

                     (d)  it is not one of the following:

                              (i)  a Commonwealth company for the purposes of the Public Governance, Performance and Accountability Act 2013 ;

                             (ii)  a subsidiary of a Commonwealth company for the purposes of that Act;

                            (iii)  a subsidiary of a corporate Commonwealth entity for the purposes of that Act; and

33  Paragraph 111K(b)

Repeal the paragraph, substitute:

                     (b)  is none of the following:

                              (i)  a Commonwealth company for the purposes of the Public Governance, Performance and Accountability Act 2013 ;

                             (ii)  a subsidiary of a Commonwealth company for the purposes of that Act;

                            (iii)  a subsidiary of a corporate Commonwealth entity for the purposes of that Act.

34  Paragraph 301(3)(a)

Repeal the paragraph, substitute:

                     (a)  the company is not one of the following:

                              (i)  a Commonwealth company for the purposes of the Public Governance, Performance and Accountability Act 2013 ;

                             (ii)  a subsidiary of a Commonwealth company for the purposes of that Act;

                            (iii)  a subsidiary of a corporate Commonwealth entity for the purposes of that Act; and

35  Paragraph 601AE(1A)(a)

Omit “Special Account (within the meaning of section 5 of the Financial Management and Accountability Act 1997 ”, substitute “special account (within the meaning of the Public Governance, Performance and Accountability Act 2013 ”.

36  Subparagraph 601AE(1A)(b)(ii)

Omit “Special Account (within the meaning of section 5 of the Financial Management and Accountability Act 1997 ”, substitute “special account (within the meaning of the Public Governance, Performance and Accountability Act 2013 ”.

Financial Framework (Supplementary Powers) Act 1997

37  Section 5 (definition of Finance Minister )

Omit “this Act”, substitute “ the Public Governance, Performance and Accountability Act 2013 ”.

Income Tax Assessment Act 1936

38  Subsection 159ZR(1) (definition of eligible income )

Omit “section 33 of the Financial Management and Accountability Act 1997 ”, substitute “section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth)”.

39  Subsection 160AAA(1) (paragraph (f) of the definition of rebatable benefit )

Omit “section 33 of the Financial Management and Accountability Act 1997 ”, substitute “section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth)”.

Income Tax Assessment Act 1997

40  Subsection 995-1(1) (definition of Finance Minister )

Omit “section 1 of the Financial Management and Accountability Act 1997 ”, substitute “the Public Governance, Performance and Accountability Act 2013 ”.

Infrastructure Australia Act 2008

41  Section 3 (definition of Finance Minister )

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

42  Subsection 4(2) (note)

Repeal the note, substitute:

Note:          The Public Governance, Performance and Accountability Act 2013 applies to Infrastructure Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

43  Subsection 18(2)

Repeal the subsection, substitute:

             (2)  The Minister may terminate the appointment of a member if the member:

                     (a)  becomes bankrupt; or

                     (b)  takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                     (c)  compounds with one or more of his or her creditors; or

                     (d)  makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors.

Note:          The appointment of a 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).

44  Paragraph 21(2)(a)

Omit “section 27J of the Commonwealth Authorities and Companies Act 1997 ”, substitute “rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ”.

45  Section 34

Repeal the section, substitute:

34   Disclosure of interests

             (1)  A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Board.

             (2)  Subsection (1) applies in addition to any rules made for the purposes of that section.

             (3)  For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.

46  Sections 39B and 39C

Repeal the sections, substitute:

39B   Corporate plan

                   In preparing or varying a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the Board must consult with:

                     (a)  the Minister; and

                     (b)  such of the following as it considers appropriate:

                              (i)  government, commercial, industrial, consumer and other relevant bodies and organisations;

                             (ii)  investors in infrastructure and owners of infrastructure.

39C   Annual report

                   The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must also include details of any directions given to Infrastructure Australia by the Minister under subsection 6(1) of this Act during the period.

47  Subsection 39DA(2)

Repeal the subsection, substitute:

             (2)  Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013 , of money that is not immediately required for the purposes of Infrastructure Australia.

48  Subsections 39DB(2), (3) and (4)

Repeal the subsections.

National Land Transport Act 2014

49  Subsection 4(1) (definition of non-corporate Commonwealth entity )

Repeal the definition, substitute:

non-corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

Note:          Section 51A deals with funding arrangements with non-corporate Commonwealth entities.

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Act 2014

50  Section 6 (note)

Repeal the note, substitute:

Note:          For the appropriation for the refund, see section 77 of the Public Governance, Performance and Accountability Act 2013 .

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989

51  Subsection 65B(2)

Repeal the subsection, substitute:

             (2)  The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013 .

52  Subsections 65C(2) and (3)

Repeal the subsections, substitute:

Notional payments and receipts by non-corporate Commonwealth entities

             (2)  If:

                     (a)  either:

                              (i)  a non-corporate Commonwealth entity makes a notional payment to another non-corporate Commonwealth entity; or

                             (ii)  one part of a non-corporate Commonwealth entity makes a notional payment to another part of that entity; and

                     (b)  the transaction would involve the debiting of an appropriation if the notional payment were a real payment;

then:

                     (c)  this section applies in relation to the notional payment as if it were a real payment; and

                     (d)  this section applies in relation to the notional receipt of the notional payment as if it were a real receipt.

Note:          This subsection applies to transactions that do not actually involve payments or receipts, because the parties to the transaction (non-corporate Commonwealth entities) are merely parts of the Commonwealth.

             (3)  In subsection (2):

non-corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

Renewable « Energy (Electricity) Act 2000

53  Subsection 5(1)

Insert:

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013 .

54  Subsection 5(1) (definition of Minister for Finance )

Repeal the definition.

55  Subsection 30R(2)

Omit “Special Account for the purposes of the Financial Management and Accountability Act 1997 ”, substitute “special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ”.

56  Section 30S (note)

Omit “Special Account” (wherever occurring), substitute “special account”.

57  Section 30T (note)

Repeal the note, substitute:

Note:          See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

58  Subsection 42(2)

Omit “Minister for Finance”, substitute “Finance Minister”.

59  Subsection 42(4) (definition of Commonwealth )

Repeal the definition, substitute:

Commonwealth includes a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) that cannot be made liable to taxation by a Commonwealth law.

Social Security Act 1991

60  Subsections 1061PAAA(2) and 1061PAAB(3) (note)

Repeal the note.

61  Section 1061PAAE

Repeal the section, substitute:

1061PAAE   Department official

                   For the purposes of this Division, Department official means a person:

                     (a)  who:

                              (i)  is an official (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) of the Department; or

                             (ii)  is a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ); and

                     (b)  whose duties consist of, or include, matters relating to Australian Government Disaster Recovery Payments.

Social Security (Administration) Act 1999

62  Subsection 123ZM(4) (note)

Repeal the note, substitute:

Note:          Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by or under an Act.

Student Identifiers Act 2014

63  Subsection 48(2)

Omit “Special Account for the purposes of the Financial Management and Accountability Act 1997 ”, substitute “special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ”.

64  Section 49 (note 1)

Omit “Special Account” (wherever occurring), substitute “special account”.

65  Section 49 (note 2)

Omit “section 39 of the Financial Management and Accountability Act 1997 , but such investments may only be made by the Finance Minister, the Treasurer, or a delegate under section 62 or 62A of that Act”, substitute “section 58 of the Public Governance, Performance and Accountability Act 2013 ”.

66  Section 50 (note)

Repeal the note, substitute:

Note:          See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts) .

Superannuation Guarantee (Administration) Act 1992

67  Subsection 5(5) (definition of Commonwealth entity )

Repeal the definition, substitute:

Commonwealth entity means a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) that cannot be made liable to taxation by a Commonwealth law.

68  Subsection 5(5) (definition of Finance Minister )

Omit “ Financial Management and Accountability Act 1997 ”, substitute “ Public Governance, Performance and Accountability Act 2013 ”.

Taxation Administration Act 1953

69  Subsection 15B(4) (note)

Repeal the note.

70  Subsection 15B(9)

Omit “section 47 of the Financial Management and Accountability Act 1997 ”, substitute “any rules made for the purposes of paragraph 103(c) of the Public Governance, Performance and Accountability Act 2013 ”.

71  Subsections 15C(2) and (3) (note)

Repeal the note.

72  Subsection 15D(8)

Omit “ Financial Management and Accountability Act 1997 ) who is in the Australian Taxation Office or is part of the Australian Taxation Office”, substitute “ Public Governance, Performance and Accountability Act 2013 ) of the Australian Taxation Office”.

Water Act 2007

73  At the end of Division 4 of Part 9

Add:

208A   Chief Executive is accountable authority

                   Despite subsection 12(2) of the Public Governance, Performance and Accountability Act 2013 , the Chief Executive is the accountable authority of the Authority for the purposes of that Act.

Part 2 Transitional and application provisions

74  Corporate and strategic plans

An amendment made by an item of this Schedule that relates to a corporate plan or a strategic plan (however described) applies in relation to reporting periods that commence on or after 1 July 2015.

75  Annual reports

An amendment made by an item of the Schedule that relates to an annual report applies in relation to reporting periods that commence on or after 1 July 2014.

76  Disclosing interests

(1)       This item applies if:

                     (a)  before this item commences, a person discloses an interest in accordance with a provision in an Act; and

                     (b)  the provision is:

                              (i)  amended; or

                             (ii)  repealed; or

                            (iii)  repealed and substituted;

                            by an item of this Schedule.

(2)       The person is taken to have disclosed the interest in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013 and rules made for the purposes of that section.

77  Saving instruments in force at commencement

(1)       This item applies if:

                     (a)  a provision of an Act provides that an instrument (whether or not a legislative instrument) may be made under, or for the purposes of, the provision; and

                     (b)  an instrument made under, or for the purposes of, the provision is in force immediately before the commencement of this Schedule; and

                     (c)  the provision is:

                              (i)  amended; or

                             (ii)  repealed and substituted;

                            by an item of this Schedule; and

                     (d)  after the provision has been amended or repealed and substituted, the provision still provides in the same or similar terms that an instrument may be made under, or for the purposes of, the provision.

(2)       If the provision is amended, the amendment referred to in subparagraph (1)(c)(i) does not affect the continuity of the instrument.

(3)       If the provision is repealed and substituted, the instrument is taken, after the commencement of this Schedule, to have been made under, or for the purposes of, the provision as substituted.