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Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Bill 2014

Schedule 5 Corporate status of bodies

Part 1 Bodies ceasing to be bodies corporate

Australian Communications and Media Authority Act 2005

1  Division 3 of Part 2

Repeal the Division, substitute:

Division 3 Powers

12   ACMA’s powers

                   The ACMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

Note:          The Chair may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the Public Governance, Performance and Accountability Act 2013 .

2  Part 3 (heading)

Repeal the heading, substitute:

Part 3 ACMA’s membership

3  Division 1 of Part 3

Repeal the Division.

4  After section 62

Insert:

62A   Proceedings in the name of the ACMA

             (1)  Proceedings brought by the Commonwealth in relation to the functions or powers of the ACMA may be brought in the name of the ACMA.

Note:          This subsection does not authorise ACMA to bring proceedings against the Commonwealth: see also subsection 62B(2).

             (2)  Proceedings brought against the Commonwealth in relation to the functions or powers of the ACMA may be brought against the Commonwealth in the name of the ACMA.

62B   Decisions relating to the Commonwealth etc.

             (1)  The fact that the ACMA does not have a legal identity separate from the Commonwealth does not affect the performance of the ACMA’s functions in making, or the exercise of the ACMA’s powers to make, decisions relating to:

                     (a)  the Commonwealth; or

                     (b)  any authority of the Commonwealth that is not a body corporate.

             (2)  This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority.

Fisheries Administration Act 1991

5  Section 5

Before “An”, insert “(1)”.

6  At the end of section 5

Add:

Note:          The Authority does not have a legal identity separate from the Commonwealth.

             (2)  The Authority consists of:

                     (a)  the CEO; and

                     (b)  the Commission; and

                     (c)  the AFMA staff members.

7  Subsection 8(1)

Omit “(1)”.

8  At the end of subsection 8(1)

Add:

Note:          The CEO may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the Public Governance, Performance and Accountability Act 2013 .

9  Subsections 8(2) and (3)

Repeal the subsections.

10  Sections 10 and 10A

Repeal the sections.

11  Subsection 92(1)

Omit “, by writing under the seal of the Authority,”, substitute “, in writing,”.

12  Section 94A

Repeal the section.

13  At the end of Division 9 of Part 2

Add:

94F   Proceedings in the name of the Authority

             (1)  Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.

             (2)  Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.

Great Barrier Reef Marine Park Act 1975

14  Subsection 8(1)

Repeal the subsection, substitute:

             (1)  The Authority may do all things that are necessary or convenient to be done for or in connection with the performance of its functions.

Note:          The Chairperson may enter into contracts and other arrangements on behalf of the Commonwealth. See section 23 of the Public Governance, Performance and Accountability Act 2013 .

15  Subsections 8(4) to (8)

Repeal the subsections.

16  Section 8A

Repeal the section.

17  Section 9

Repeal the section.

18  Subsections 47(1) and (2)

Omit “, by writing under its common seal,”, substitute “, in writing,”.

19  Division 3 of Part VII

Repeal the Division.

20  Section 61B (heading)

Repeal the heading, substitute:

61B   Liability for expenses incurred by the Commonwealth resulting from contravention of this Act

21  Paragraph 61B(1)(b)

Omit “or the Authority”.

22  Subsection 61B(1)

Omit “or to the Authority”.

23  Subsection 61B(1)

Omit “or to the Authority, as the case requires,”.

24  Paragraph 61B(1A)(b)

Omit “or the Authority”.

25  Subsection 61B(1A)

Omit “or to the Authority, as the case requires,”.

26  Subsection 61B(1A)

Omit “or the Authority” (last occurring).

27  Subsection 61B(2)

Omit “or to the Authority, as the case requires,”.

28  Paragraphs 61B(3)(a) and (b)

Omit “or the Authority”.

29  Subsection 61B(4)

Omit “or to the Authority, as the case requires,”.

30  Subsection 61C(1)

Omit “or the Authority, as the case requires”.

31  Subsection 61C(2)

Omit “or the Authority, as the case requires,”.

32  Subsections 61C(3) and (4)

Omit “or the Authority, as the case requires”.

33  After section 64A

Insert:

64B   Proceedings in the name of the Authority

             (1)  Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.

             (2)  Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.

National Environment Protection Council Act 1994

34  Subsection 6(1) (definition of Finance Minister )

Repeal the definition.

35  Subsection 6(1) (definition of NEPC Service Corporation )

Repeal the definition.

36  Subsection 6(1) (definition of Service Corporation )

Repeal the definition.

37  Paragraph 13(h)

Omit “Service Corporation”, substitute “NEPC Executive Officer”.

38  Part 5 (heading)

Repeal the heading, substitute:

Part 5 NEPC Executive Officer and staff

39  Division 1 of Part 5

Repeal the Division.

40  Division 2 of Part 5 (heading)

Repeal the heading.

41  Section 40

Repeal the section, substitute:

40   Functions of the NEPC Executive Officer

                   The functions of the NEPC Executive Officer are:

                     (a)  to provide assistance and support to the Council, the NEPC Committee and any other committee established under section 33; and

                     (b)  to provide assistance and support to other Ministerial Councils as directed by the Council; and

                     (c)  to do anything incidental or conducive to the performance of the function referred to in paragraph (a) or (b).

42  Subsection 41(1)

Omit “conduct of the affairs of the Service Corporation”, substitute “performance of the Executive Officer’s functions”.

43  Subsection 42(3)

Repeal the subsection.

44  Subsection 42(4)

Omit “, other than subsection (3),”.

45  Division 3 of Part 5

Repeal the Division.

46  Part 6

Repeal the Part, substitute:

Part 6 National Environment Protection Council Special Account

   

53   Name of Account

             (1)  The National Environment Protection Council Special Account is established by this section.

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

54   Credits to the Account

                   There must be credited to the Account amounts equal to the following:

                     (a)  amounts received by the Commonwealth from the States or Territories for the purposes of the Account;

                     (b)  amounts appropriated by the Parliament for the purposes of the Account;

                     (c)  amounts received by the Commonwealth in relation to performing any functions, or exercising any of the Council’s powers, under this Act;

                     (d)  amounts of any gifts given or bequests made for the purposes of the Account;

                     (e)  interest received by the Commonwealth from the investment of amounts debited from the Account;

                      (f)  amounts received by the Commonwealth in relation to property paid for with amounts debited from the Account.

Note:          An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

55   Purposes of the Account

             (1)  The purposes of the Account are as follows:

                     (a)  paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in the performance of the functions of:

                              (i)  the Council; or

                             (ii)  the NEPC Committee; or

                            (iii)  any other committee established under section 33;

                     (b)  either:

                              (i)  paying grants for amounts consistent with the aim of people enjoying the benefit of equivalent protection from air, water or soil pollution and from noise, wherever they live in Australia; or

                             (ii)  paying or discharging the costs, expenses and other obligations incurred by the Commonwealth in undertaking projects with that aim;

                            whether or not the grants or projects relate to a national environment protection measure or proposed national environment protection measure;

                     (c)  paying any remuneration and allowances payable to any person under this Act;

                     (d)  meeting the expenses of administering the Account;

                     (e)  paying amounts that are required or permitted to be repaid under this Act;

                      (f)  paying for activities that are incidental to the purposes mentioned in paragraphs (a) to (e).

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

             (2)  However, the purposes of the Account referred to in paragraph (1)(b) are limited to:

                     (a)  purposes related to external affairs, including:

                              (i)  purposes related to giving effect to an international agreement to which Australia is a party; and

                             (ii)  purposes related to addressing matters of international concern; and

                     (b)  purposes related to a Territory; and

                     (c)  purposes related to the executive power of the Commonwealth; and

                     (d)  purposes related to matters that are peculiarly adapted to the government of a nation, and that cannot otherwise be carried on for the benefit of the nation; and

                     (e)  purposes related to matters incidental to the purposes referred to in paragraphs (a) to (d).

47  Transitional—transferring money of the NEPC Service Corporation to the special account

There must be credited to the National Environment Protection Council Special Account an amount equal to the sum of all amounts held by the NEPC Service Corporation immediately before the commencement of this item.

Note:       On commencement, these amounts vest in the Commonwealth under item 56 of this Schedule.

48  Section 60

Omit “, the NEPC Service Corporation”.

49  Subsection 61(1)

Omit “, the Service Corporation”.

Telecommunications Universal Service Management Agency Act 2012

50  Section 31 (note)

Repeal the note, substitute:

Note 1:       TUSMA does not have a legal identity separate from the Commonwealth.

Note 2:       In this Act, TUSMA means the Telecommunications Universal Service Management Agency—see section 4.

51  Sections 33 and 34

Repeal the sections, substitute:

33   Powers of TUSMA

                   TUSMA has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

52  Division 2 of Part 3 (heading)

Repeal the heading, substitute:

Division 2 Membership of TUSMA

53  Subdivision A of Division 2 of Part 3

Repeal the Subdivision.

54  Subdivision B of Division 2 of Part 3 (heading)

Repeal the heading.

Part 2 Transitional provisions for bodies ceasing to be bodies corporate

Division 1—Introduction

55  Definitions

In this Part:

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

                     (b)  any right, power, privilege or immunity, whether actual, contingent or prospective.

commencement day means the day on which this Schedule commences.

decorporatised body means:

                     (a)  the Australian Communications and Media Authority; or

                     (b)  the Australian Fisheries Management Authority; or

                     (c)  the Great Barrier Reef Marine Park Authority; or

                     (d)  the NEPC Service Corporation; or

                     (e)  the Telecommunications Universal Service Management Agency.

instrument includes:

                     (a)  a contract, deed, undertaking, arrangement or agreement; and

                     (b)  a notice, authority, order or instruction; and

                     (c)  regulations; and

                     (d)  an instrument made under an Act or regulations;

but does not include an Act.

land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

responsible Minister has the meaning given by subitem 58(3).

Division 2—General transitional provisions

56  Assets and liabilities

(1)       On the commencement day, the assets and liabilities of a decorporatised body cease to be assets and liabilities of the body and become assets and liabilities of the Commonwealth.

(2)       The Commonwealth becomes the successor in law in relation to those assets and liabilities.

(3)       If an instrument in force immediately before the commencement day:

                     (a)  contains a reference to a decorporatised body; and

                     (b)  relates to an asset or liability of the body that, under this item, becomes an asset or liability of the Commonwealth;

the instrument has effect on and after that day as if the reference were a reference to the Commonwealth.

(4)       Subitem (3) does not apply to an instrument that is part of, or associated with a register referred to in item 58.

(5)       Subitem (3) does not, by implication, prevent the instrument from being varied or terminated after that day.

57  Legal proceedings

If, immediately before the commencement day, a decorporatised body was a party to proceedings pending in any court or tribunal, the Commonwealth is substituted for the body as a party to the proceedings on and after that day.

58  Certificates relating to vesting of assets

(1)       If land vests in the Commonwealth under this Part and the Minister, or the responsible Minister for the land, signs a certificate that:

                     (a)  identifies the land, whether by reference to a map or otherwise; and

                     (b)  states that the land has become vested in the Commonwealth under this Part; and

                     (c)  is lodged with the Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the Registrar or other officer may:

                     (d)  register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

                     (e)  deal with, and give effect to, the certificate.

(2)       If an asset vests in the Commonwealth under this Part and the Minister, or the responsible Minister for the asset, signs a certificate that:

                     (a)  identifies the asset; and

                     (b)  states that the asset has become vested in the Commonwealth under this Part; and

                     (c)  is lodged with the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of that kind;

the person or authority may:

                     (d)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (e)  make such entries in the register as are necessary, having regard to the effect of this Part.

(3)       The responsible Minister , for land or another asset, is the Minister who is the responsible Minister (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) for the decorporatised body that held the land or other asset immediately before the commencement day.

(4)       A Minister may, by writing, delegate all or any of his or her powers under this item to:

                     (a)  the Secretary of the Department administered by that Minister; or

                     (b)  an SES employee, or acting SES employee, in that Department.

In exercising powers under a delegation, the delegate must comply with any directions of that Minister.

(5)       A document that appears to be a certificate made under this item is taken, unless the contrary is established, to be such a certificate and to have been properly made.

(6)       A certificate made under this item is not a legislative instrument.

59  Employees

(1)       If a person was an employee of a decorporatised body immediately before the commencement of this Schedule, and that employment was not employment on behalf of the Commonwealth:

                     (a)  the person is taken, when this Schedule commences, to be employed under this Act as an employee of the Commonwealth without change to the terms and conditions of his or her employment; and

                     (b)  the person’s service as an employee of the decorporatised body is taken, for all purposes, to be continuous with his or her service as an employee of the Commonwealth.

(2)       Paragraph (1)(a) does not apply if a determination is made under section 72 of the Public Service Act 1999 that causes the person, when this Schedule commences, to become engaged under that Act as an employee of the Commonwealth.

60  Contracts etc.

If a contract, agreement, arrangement or understanding, entered into by a decorporatised body, was in force immediately before the commencement day, it has effect, on and after that day, as if the Commonwealth had entered into it.

61  Exemption from stamp duty etc.

No stamp duty or other tax is payable under a law of a State or Territory in respect of the following, or anything connected with the following:

                     (a)  the transfer of an asset or liability under this Part;

                     (b)  the operation of this Part in any other respect.

Division 3—Miscellaneous

62  Compensation for acquisition of property

(1)       If the operation of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

Part 3 APVMA continuing as a body corporate

Agricultural and Veterinary Chemicals (Administration) Act 1992

63  Subsection 7(3) (note)

Repeal the note.

64  Sections 7AA and 7AB

Repeal the sections.

65  Division 1 of Part 7

Repeal the Division, substitute:

Division 1 Finance

58   Money payable to the APVMA

             (1)  The Commonwealth must pay to the APVMA amounts equal to:

                     (a)  such money as is appropriated by the Parliament for the purposes of the APVMA; and

                     (b)  fees received by the Commonwealth under this Act, the Agvet Codes or the Agvet Regulations; and

                     (c)  any amounts of levy, late payment penalty or understatement penalty paid to the Commonwealth under any Act providing for the collection of a levy imposed in respect of the disposal of chemical products; and

                     (d)  any amounts paid by a State or a participating Territory to the Commonwealth for the purposes of the APVMA.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to the APVMA.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

             (4)  If an amount referred to in any of paragraphs (1)(b) to (d) is refunded by the Commonwealth, the APVMA must pay to the Commonwealth an amount equal to the refund.

             (5)  The Minister may, on behalf of the Commonwealth, set off an amount payable by the APVMA under subsection (4) against an amount that is payable to the APVMA under subsection (1).

             (6)  Amounts payable under paragraphs (1)(b) to (d) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

             (7)  In this section:

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

59   Application of money by the APVMA

             (1)  The money of the APVMA is to be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by the APVMA in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of any remuneration or allowances payable under this Act; and

                     (c)  in making any other payments that the APVMA is authorised or required to make by or under any law of the Commonwealth, a State or a Territory that confers functions or powers on the APVMA.

             (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 the APVMA.

66  Transitional—transferring balance of the special account

(1)       The Commonwealth must pay to the APVMA an amount equal to the balance of the Australian Pesticides and Veterinary Medicines Special Account immediately before the commencement of this item.

(2)       An amount payable under subitem (1) is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

Part 4 Other bodies continuing as bodies corporate

Australian Human Rights Commission Act 1986

67  Subsections 7(4), (5) and (6)

Repeal the subsections.

68  At the end of section 8A

Add:

             (4)  For the purposes of the Public Governance, Performance and Accountability Act 2013 , the President is the accountable authority of the Commission.

69  After section 44

Insert:

44A   Money payable to the Commission

             (1)  There is payable to the Commission such money as is appropriated by the Parliament for the purposes of the Commission.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Commission.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

             (4)  In this section:

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

44B   Application of money by the Commission

             (1)  The money of the Commission is to be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by the Commission in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of any remuneration or allowances payable under this Act.

             (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 the Commission.

44C   Taxation

                   The Commission is not subject to taxation under a law of the Commonwealth or of a State or Territory.

Note:          However, the Commission may be subject to taxation under certain laws (see, for example, section 177-5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986 ).

National Health Reform Act 2011

70  Subsections 67(3) to (7)

Repeal the subsections.

71  Section 68

Repeal the section.

72  At the end of section 92

Add:

             (4)  For the purposes of the Public Governance, Performance and Accountability Act 2013 , the Performance Authority CEO is the accountable authority of the Performance Authority.

73  After Part 3.11

Insert:

Part 3.11A Finance

   

112A   Money payable to the Performance Authority

             (1)  There is payable to the Performance Authority such money as is appropriated by the Parliament for the purposes of the Performance Authority.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Performance Authority.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

             (4)  In this section:

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

112B   Application of money by the Performance Authority

             (1)  The money of the Performance Authority is to be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by the Performance Authority in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of any remuneration or allowances payable under this Act.

             (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 the Performance Authority.

112C   Taxation

                   The Performance Authority is not subject to taxation under a law of the Commonwealth or of a State or Territory.

Note:          However, the Performance Authority may be subject to taxation under certain laws (see, for example, section 177-5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986 ).

74  Subsections 135(3) to (7)

Repeal the subsections.

75  Section 136

Repeal the section.

76  At the end of section 163

Add:

             (4)  For the purposes of the Public Governance, Performance and Accountability Act 2013 , the Pricing Authority CEO is the accountable authority of the Pricing Authority.

77  After Part 4.13

Insert:

Part 4.13A Finance

   

212A   Money payable to the Pricing Authority

             (1)  There is payable to the Pricing Authority such money as is appropriated by the Parliament for the purposes of the Pricing Authority.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under subsection (1) is to be paid to the Pricing Authority.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

             (4)  In this section:

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

212B   Application of money by the Pricing Authority

             (1)  The money of the Pricing Authority is to be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by the Pricing Authority in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of any remuneration or allowances payable under this Act.

             (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 the Pricing Authority.

212C   Taxation

                   The Pricing Authority is not subject to taxation under a law of the Commonwealth or of a State or Territory.

Note:          However, the Pricing Authority may be subject to taxation under certain laws (see, for example, section 177-5 of the A New Tax System (Goods and Services Tax) Act 1999 and section 66 of the Fringe Benefits Tax Assessment Act 1986 ).

Offshore Petroleum and Greenhouse Gas Storage Act 2006

78  Subsection 571(2) (paragraph (b) of the examples)

After “a debt due to the Commonwealth,”, insert “NOPSEMA,”.

79  Subsection 571(2) (paragraph (b) of the examples)

Omit “NOPSEMA on behalf of the Commonwealth, or to”.

80  Paragraphs 572D(3)(a) and (b)

Omit “on behalf of the Commonwealth”.

81  Paragraph 589(4)(a)

Omit “the Commonwealth”, substitute “NOPSEMA”.

82  Paragraph 589(5)(a)

Omit “the Commonwealth”, substitute “NOPSEMA”.

83  Subsections 648(3) and (4)

Repeal the subsections.

84  Subparagraph 650(2)(c)(ii)

Omit “, on behalf of the Commonwealth,”.

85  At the end of section 666

Add:

             (3)  For the purposes of the Public Governance, Performance and Accountability Act 2013 , the CEO is the accountable authority of NOPSEMA.

86  At the end of section 667

Add:

             (5)  To avoid doubt, the CEO is not subject to direction by the Board in relation to the CEO’s performance of functions, or exercise of powers, under the following Acts in relation to NOPSEMA:

                     (a)  the Public Governance, Performance and Accountability Act 2013 ;

                     (b)  the Public Service Act 1999 .

87  Subsection 677(1)

Omit “, on behalf of the Commonwealth,”.

88  Division 7 of Part 6.9

Repeal the Division, substitute:

Division 7 NOPSEMA’s finances

682   Commonwealth payments to NOPSEMA

             (1)  The Commonwealth must pay to NOPSEMA amounts equal to:

                     (a)  such money as is appropriated by the Parliament for the purposes of NOPSEMA; and

                     (b)  the following amounts paid to NOPSEMA on behalf of the Commonwealth:

                              (i)  amounts paid by way of safety investigation levy imposed by the Regulatory Levies Act;

                             (ii)  amounts paid by way of late payment penalty under subsection 686(2); and

                     (c)  the following amounts paid to NOPSEMA on behalf of the Commonwealth:

                              (i)  amounts paid by way of safety case levy imposed by the Regulatory Levies Act;

                             (ii)  amounts paid by way of late payment penalty under subsection 687(4); and

                     (d)  the following amounts paid to NOPSEMA on behalf of the Commonwealth:

                              (i)  amounts paid by way of well investigation levy imposed by the Regulatory Levies Act;

                             (ii)  amounts paid by way of late payment penalty under subsection 688(2); and

                     (e)  the following amounts paid to NOPSEMA on behalf of the Commonwealth:

                              (i)  amounts paid by way of annual well levy imposed by the Regulatory Levies Act;

                             (ii)  amounts paid by way of late payment penalty under subsection 688A(2); and

                      (f)  the following amounts paid to NOPSEMA on behalf of the Commonwealth:

                              (i)  amounts paid by way of well activity levy imposed by the Regulatory Levies Act;

                             (ii)  amounts paid by way of late payment penalty under subsection 688B(2); and

                     (g)  the following amounts paid to NOPSEMA on behalf of the Commonwealth:

                              (i)  amounts paid by way of environment plan levy imposed by the Regulatory Levies Act;

                             (ii)  amounts paid by way of late payment penalty under subsection 688C(2); and

                     (h)  any other amounts paid to NOPSEMA, on behalf of the Commonwealth, by a State or the Northern Territory; and

                      (i)  any other amounts paid to NOPSEMA on behalf of the Commonwealth.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable under paragraph (1)(a) is to be paid to NOPSEMA.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

             (4)  If an amount referred to in any of paragraphs (1)(b) to (i) is refunded by the Commonwealth, NOPSEMA must pay to the Commonwealth an amount equal to the refund.

             (5)  The responsible Commonwealth Minister may, on behalf of the Commonwealth, set off an amount payable by NOPSEMA under subsection (4) against an amount that is payable to NOPSEMA under subsection (1).

             (6)  Amounts payable under paragraphs (1)(b) to (i) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

             (7)  In this section:

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

683   Application of money by NOPSEMA

             (1)  The money of NOPSEMA is to be applied only:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by NOPSEMA in the performance of its functions and the exercise of its powers; and

                     (b)  in payment of any remuneration or allowances payable under this Act.

             (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 NOPSEMA.

89  Transitional—transferring balance of the special account

(1)       The Commonwealth must pay to NOPSEMA an amount equal to the balance of the National Offshore Petroleum Safety and Environmental Management Authority Special Account immediately before the commencement of this item.

(2)       An amount payable under subitem (1) is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

90  Subsection 685(1)

Omit “, on behalf of the Commonwealth,”.

91  Paragraph 685(3)(a)

Omit “on behalf of the Commonwealth”.

92  Paragraph 685(3)(b)

Omit “, on behalf of the Commonwealth,”.

Water Act 2007

93  Subsection 4(1) (definition of Murray-Darling Basin Special Account )

Repeal the definition, substitute:

Murray-Darling Basin Special Account means the fund mentioned in section 209.

94  Subsections 173(3), (4) and (5)

Repeal the subsections.

95  Section 174

Repeal the section, substitute:

174   Amounts payable by the Commonwealth

             (1)  The Commonwealth must pay to the Authority, for the purposes of the Murray-Darling Basin Special Account, an amount equal to any amount paid by the Authority in discharging any liability of the Authority arising:

                     (a)  from an act or omission in the bona fide execution of the powers vested in the Authority by or under the Agreement; or

                     (b)  because of the operation of section 239F, 239J or 239K (about transitional matters relating to the Murray-Darling Basin Commission).

             (2)  For the purposes of the Agreement, treat a payment by the Commonwealth under subsection (1) as a payment made in respect of losses or costs incurred by the Commonwealth arising:

                     (a)  if the payment relates to a liability of the Authority arising as described in paragraph (1)(a)—as described in paragraph (1)(a); or

                     (b)  if the payment relates to a liability of the Authority arising as described in paragraph (1)(b)—as described in paragraph (1)(b).

             (3)  Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

96  At the end of subsection 176(1)

Add:

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

97  Subdivision A of Division 5 of Part 9

Repeal the Subdivision, substitute:

Subdivision A Murray-Darling Basin Special Account

209   Murray-Darling Basin Special Account

             (1)  The Authority must establish and maintain a fund to be known as the Murray-Darling Basin Special Account (the Account ).

             (2)  The Account is not a special account for the purposes of the Public Governance, Performance and Accountability Act 2013 .

210   Credits to the Account

             (1)  The Authority must ensure the following are credited to the Account:

                     (a)  such money as is appropriated by the Parliament for the purposes of the Authority, and paid by the Commonwealth to the Authority for the purposes of the Account;

                     (b)  amounts paid by a Basin State to the Authority for the purpose of the performance of the Authority’s functions;

                     (c)  fees paid to the Authority in accordance with section 212;

                     (d)  interest received by the Authority from the investment of an amount standing to the credit of the Account;

                     (e)  amounts received by the Authority in relation to property paid for with amounts debited from the Account;

                      (f)  amounts received by the Authority in relation to assets that vest in the Authority under section 239C;

                     (g)  amounts received by the Authority as refunds or repayments of the whole or part of amounts paid by the Murray-Darling Basin Commission before the commencement of Schedule 1 to the Water Amendment Act 2008 ;

                     (h)  amounts of any gifts given or bequests made for the purposes of the Account;

                      (i)  amounts not otherwise covered by this section that are received by the Authority (otherwise than under Part 8) in connection with the performance of the Authority’s functions under this Act or the regulations.

             (2)  The Finance Minister may give directions about the amounts in which, and the times at which, money payable referred to in paragraph (1)(a) is to be paid to the Authority.

             (3)  If a direction under subsection (2) is given in writing, the direction is not a legislative instrument.

             (4)  In this section:

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

211   Purposes of the Account

                   The Authority may cause amounts standing to the credit of the Account to be debited for the following purposes:

                     (a)  in payment or discharge of the costs, expenses and other obligations incurred by the Authority in the performance of the Authority’s functions;

                     (b)  in payment of any remuneration and allowances payable to any person under this Act;

                     (c)  meeting the expenses of administering the Account.

211A   Operation of earlier transitional provision

                   Division 4 of Part 10A (about transitional financial matters) does not apply to this Subdivision.

98  Transitional—transferring balance of the old account

(1)       The Commonwealth must pay to the Authority, for the purposes of the Murray-Darling Basin Special Account, an amount equal to the balance of the old special account immediately before the commencement of this item.

Note:       The Authority must credit this amount to the new Murray-Darling Basin Special Account mentioned in section 209 of the Water Act 2007 (as amended by this Schedule): see paragraph 210(1)(a) of that Act.

(2)       For the purposes of subitem (1), the old special account is the Murray-Darling Basin Special Account in existence under section 209 of the Water Act 2007 before the commencement of this item.

(3)       An amount payable under subitem (1) is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

Part 5 Transitional provisions for bodies continuing as bodies corporate

Division 1—Introduction

99  Definitions

In this Part:

asset means:

                     (a)  any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

                     (b)  any right, power, privilege or immunity, whether actual, contingent or prospective;

but does not include the following:

                     (c)  a Living Murray Initiative asset (within the meaning of section 239E of the Water Act 2007 );

                     (d)  a River Murray Operations asset (within the meaning of section 239D of the Water Act 2007 ).

commencement day means the day on which this Schedule commences.

corporatised body means:

                     (a)  the Australian Human Rights Commission; or

                     (b)  the Australian Pesticides and Veterinary Medicines Authority; or

                     (c)  the Independent Hospital Pricing Authority; or

                     (d)  the Murray-Darling Basin Authority; or

                     (e)  the National Health Performance Authority; or

                      (f)  the National Offshore Petroleum Safety and Environmental Management Authority.

instrument includes:

                     (a)  a contract, deed, undertaking, arrangement or agreement; and

                     (b)  a notice, authority, order or instruction; and

                     (c)  regulations; and

                     (d)  an instrument made under an Act or regulations;

but does not include an Act.

land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

responsible Minister has the meaning given by subitem 103(3).

Division 2—General transitional provisions

100  Assets and liabilities

Become assets and liabilities of the corporatised body

(1)       On the commencement day, any asset that, immediately before that day, was held by a corporatised body for and on behalf of the Commonwealth, ceases to be an asset of the Commonwealth and becomes an asset of the corporatised body.

(2)       On the commencement day, any asset that, immediately before that day:

                     (a)  was held by a corporatised body; and

                     (b)  taken to be the property of the Commonwealth;

ceases to be an asset of the Commonwealth and becomes an asset of the corporatised body.

(3)       On the commencement day, any liability that, immediately before that day:

                     (a)  was a liability of a corporatised body; and

                     (b)  taken to be a liability of the Commonwealth;

ceases to be a liability of the Commonwealth and becomes a liability of the corporatised body.

(4)       The corporatised body becomes the successor in law in relation to those assets and liabilities.

(5)       To the extent that, immediately before the commencement day, an amount of money held by a corporatised body was part of the Consolidated Revenue Fund:

                     (a)  neither subitem (1) nor (2) applies to the amount; and

                     (b)  the Commonwealth must pay an equivalent amount to the corporatised body.

An amount payable under this subitem is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.

Exception

(6)       The Minister may, by writing, determine that:

                     (a)  subitem (1) or (2), and subitem (4), do not apply in relation to a specified asset; or

                     (b)  subitems (3) and (4) do not apply in relation to a specified liability.

Note:       For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

(7)       A determination made under subitem (6) is not a legislative instrument.

101  Other transfers of assets and liabilities

(1)       This item applies in relation to assets and liabilities of the Commonwealth that relate to a corporatised body, other than assets or liabilities to which item 100 applies.

(2)       The Minister may, in writing, make a declaration that:

                     (a)  a specified asset or liability vests in the corporatised body at a specified time (that is on or after the commencement day); and

                     (b)  the corporatised body becomes the successor in law in relation to that asset or liability at that specified time.

Note:       For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

(3)       A declaration under subitem (2) has effect accordingly.

(4)       A declaration under subitem (2) is not a legislative instrument .

Assets subject to trust

(5)       If, at a particular time, an asset vests in the corporatised body under a declaration under subitem (2) and the asset was, immediately before that time, held by the Commonwealth on trust, that asset is taken, at and after that time, to be held by the corporatised body on trust and subject to the terms of the trust on which the asset was so held by the Commonwealth.

102  Legal proceedings

(1)       This item applies if:

                     (a)  any proceedings to which the Commonwealth was a party were pending in any court or tribunal immediately before the commencement day; and

                     (b)  the proceedings:

                              (i)  relate to an asset or liability that, as a result of this Part, becomes an asset or liability of the corporatised body; or

                             (ii)  otherwise relate to the corporatised body.

(2)       The corporatised body is substituted for the Commonwealth, from the commencement day, as a party to the proceedings.

(3)       The Minister may, by writing, determine that subitem (2) does not apply in relation to specified proceedings.

Note:       For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

(4)       A determination made under subitem (3) is not a legislative instrument.

103  Certificates relating to vesting of assets

(1)       If land vests in a corporatised body under this Part and the Minister, or the responsible Minister for the land, signs a certificate that:

                     (a)  identifies the land, whether by reference to a map or otherwise; and

                     (b)  states that the land has become vested in the corporatised body under this Part; and

                     (c)  is lodged with the Registrar of Titles or other proper officer of the State or Territory in which the land is situated;

the Registrar or other officer may:

                     (d)  register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and

                     (e)  deal with, and give effect to, the certificate.

(2)       If an asset (other than land) vests in a corporatised body under this Part and the Minister, or the responsible Minister for the asset, signs a certificate that:

                     (a)  identifies the asset; and

                     (b)  states that the asset has become vested in the corporatised body under this Part; and

                     (c)  is lodged with the person or authority who, under a law of the Commonwealth, a State or a Territory, under a trust instrument or otherwise, has responsibility for keeping a register in relation to assets of that kind;

the person or authority may:

                     (d)  deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and

                     (e)  make such entries in the register as are necessary, having regard to the effect of this Part.

(3)       The responsible Minister , for land or another asset, is the Minister who is the responsible Minister (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) for the corporatised body that held the land or other asset immediately before the commencement day.

(4)       A document that appears to be a certificate made under this item is taken, unless the contrary is established, to be such a certificate and to have been properly made.

(5)       A certificate made under this item is not a legislative instrument.

104  References in certain instruments to the Commonwealth

(1)       This item applies if:

                     (a)  an instrument was in force immediately before the commencement day; and

                     (b)  the instrument contains a reference to the Commonwealth and the reference:

                              (i)  relates to an asset or liability that, as a result of this Part, becomes an asset or liability of the corporatised body; or

                             (ii)  otherwise relates to the corporatised body; and

                     (c)  the instrument is not part of, or associated with, a register referred to in item 103.

(2)       The instrument has effect, from the commencement day, as if the reference to the Commonwealth were a reference to the corporatised body.

(3)       The Minister may, by writing, determine that subitem (2) does not apply in relation to a specified reference.

Note:       For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901 .

(4)       A determination made under subitem (3) is not a legislative instrument.

(5)       In this item:

enterprise agreement has the same meaning as in the Fair Work Act 2009 .

instrument includes a contract or agreement, but does not include a contract of employment or an enterprise agreement.

105  Contracts etc.

If a contract, agreement, arrangement or understanding, entered into by a corporatised body on behalf of the Commonwealth, was in force immediately before the commencement day, it has effect, on and after that day, as if the corporatised body had entered into it on the body’s own behalf.

106  Exemption from stamp duty etc.

No stamp duty or other tax is payable under a law of a State or Territory in respect of the following, or anything connected with the following:

                     (a)  the transfer of an asset or liability under this Part;

                     (b)  the operation of this Part in any other respect.

Division 3—Miscellaneous

107  Compensation for acquisition of property

(1)       If the operation of this Part would result in an acquisition of property (within the meaning of paragraph   51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.

(2)       If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

108  Delegation by a Minister

(1)       A Minister may, by writing, delegate all or any of his or her powers under this Part to:

                     (a)  the Secretary of the Department administered by that Minister; or

                     (b)  an SES employee, or acting SES employee, in that Department.

(2)       In exercising powers under a delegation, the delegate must comply with any directions of that Minister.

Part 6 Bodies corporate treated as non-corporate for the purposes of the finance law

Australian Prudential Regulation Authority Act 1998

109  After subsection 13(1)

Insert:

             (2)  However, APRA is taken, for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):

                     (a)  to be a non-corporate Commonwealth entity, and not to be a corporate Commonwealth entity; and

                     (b)  to be a part of the Commonwealth; and

                     (c)  not to be a body corporate.

Australian Securities and Investments Commission Act 2001

110  After subsection 8(1)

Insert:

          (1A)  However, ASIC is taken, for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):

                     (a)  to be a non-corporate Commonwealth entity, and not to be a corporate Commonwealth entity; and

                     (b)  to be a part of the Commonwealth; and

                     (c)  not to be a body corporate.

Competition and Consumer Act 2010

111  After subsection 6A(1)

Insert:

          (1A)  However, the Commission is taken, for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):

                     (a)  to be a non-corporate Commonwealth entity, and not to be a corporate Commonwealth entity; and

                     (b)  to be a part of the Commonwealth; and

                     (c)  not to be a body corporate.

112  At the end of section 44AE

Add:

             (3)  However, the AER is taken, for the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013 ):

                     (a)  not to be a corporate Commonwealth entity; and

                     (b)  to be a part of the Commonwealth, and a part of the Commission; and

                     (c)  not to be a body corporate.