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

Schedule 8 Amendments of Acts starting with B to E

   

Banking Act 1959

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

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

2  Subsection 69(11B)

Repeal the subsection, substitute:

        (11B)  The Treasurer may, by instrument in writing, delegate any of his or her functions or powers under this section to:

                     (a)  a corporate Commonwealth entity for which the Treasurer is the responsible Minister; or

                     (b)  a member, or staff member, of such an entity.

3  At the end of subsection 69(12)

Add:

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

responsible Minister has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

4  Subsection 70C(2) (heading)

Repeal the heading, substitute:

Specifying amounts to be credited to special account

5  Subsection 70C(2) (note)

Omit “Special Account”, substitute “special account”.

6  Subsection 70C(4)

Omit “subsection 21(2) of the Financial Management and Accountability Act 1997 ”, substitute “subsection 80(3) of the Public Governance, Performance and Accountability Act 2013 ”.

7  Subsection 70E(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 ”.

8  Subsection 70F(1) (note)

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

9  Section 70G (note)

Repeal the note, substitute:

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

Bankruptcy Act 1966

10  Subsection 5(1) (definition of Finance Minister )

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

11  Section 18AA

Repeal the section, substitute:

18AA   Public Governance, Performance and Accountability Act 2013 does not apply to the Official Trustee

                   Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 , the Official Trustee is not a Commonwealth entity for the purposes of that Act.

12  Subsection 20G(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 ”.

Cancer Australia Act 2006

13  Subsection 13(1) (note)

Repeal the note, substitute:

Note:          For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013 .

14  Section 20

Repeal the section.

15  Paragraph 23(2)(d)

Repeal the paragraph, substitute:

                     (d)  the Chief Executive Officer 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.

16  Subsection 32(2)

Repeal the subsection, substitute:

             (2)  Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

17  Paragraph 35(2)(c)

Repeal the paragraph, substitute:

                     (c)  the Advisory Council member fails, without reasonable excuse, to comply with:

                              (i)  section 32 (which deals with disclosure of pecuniary interests to the Minister); or

                             (ii)  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.

18  Section 37

Repeal the section, substitute:

37   Annual report

                   The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council’s operations during the period.

Charter of Budget Honesty Act 1998

19  Subclause 3(1) of Schedule 1 (definition of Minister for Finance )

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

Charter of the United Nations Act 1945

20  Section 2 (definition of Commonwealth entity )

Repeal the definition, substitute:

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

Child Support (Registration and Collection) Act 1988

21  Subsection 73(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 ”.

22  Subsection 74(3)

Omit “section 30 of the Financial Management and Accountability Act 1997 ”, substitute “section 74 of the Public Governance, Performance and Accountability Act 2013 (which deals with receipt of amounts by non-corporate Commonwealth entities)”.

Civil Aviation Act 1988

23  Section 3 (definition of corporate plan )

Repeal the definition.

24  Section 3 (definition of Finance Minister )

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

25  Subsection 8(2) (note)

Repeal the note, substitute:

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

26  Subsection 12(5)

Repeal the subsection (including the note), substitute:

             (5)  This section does not affect the application of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) in relation to CASA.

27  Section 44

Repeal the section, substitute:

44   Corporate plan

             (1)  A corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must be given to the Minister for the Minister’s approval.

             (2)  The plan must include details of the following matters:

                     (a)  analysis of risk factors likely to affect safety in the aviation industry;

                     (b)  human resource strategies and industrial relations strategies;

                     (c)  any other matters required by the Minister.

             (3)  In preparing the plan, the Board must take account of notices given under section 12A.

28  Subsection 47(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 CASA.

29  Section 49

Repeal the section, substitute:

49   Extra matters to be included in annual report

                   Each 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 include the following:

                     (a)  particulars of each direction given to the Board by the Minister under section 12 of this Act during the period;

                     (b)  in relation to notices given to the Board by the Minister under section 12A:

                              (i)  particulars of each notice given during the period; and

                             (ii)  a summary of action taken in the period by CASA, or by the Board, because of notice given to the Board in that period or any other period;

                     (c)  particulars of each direction given to CASA by the Minister under section 12B during the period.

30  Subsection 52(1) (note)

Repeal the note, substitute:

Note:          As a member of the governing body, the Director is a member of the accountable authority of a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013 : see the definition of accountable authority in section 12 of that Act.

31  Paragraph 60(2)(c)

Omit “; or”, substitute “.”.

32  Paragraph 60(2)(d)

Repeal the paragraph.

33  At the end of subsection 60(2)

Add:

Note:          The appointment of a Board 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).

34  Paragraph 60(4)(b)

Repeal the paragraph, substitute:

                     (b)  the Board members have failed to comply with section 19 of the Public Governance, Performance and Accountability Act 2013 ;

35  Paragraph 66(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 ”.

36  Subsection 70(3)

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 ”.

37  Paragraph 81(e)

Omit “; or”, substitute “.”.

38  Paragraph 81(f)

Repeal the paragraph.

39  At the end of section 81

Add:

Note:          The appointment of the 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).

Classification (Publications, Films and Computer Games) Act 1995

40  Section 5 (definition of Finance Minister )

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

41  Subsections 13(1), 14(1), 15(3) and (4) and 17(1) (note)

Omit “, or a Commonwealth authority or agency”, substitute “or a Commonwealth entity”.

42  Subsection 22A(2) (note)

Omit “Commonwealth authority”, substitute “Commonwealth entity”.

43  Subsections 27(2), (3), (5) and (6) and 87(2), (3), (5) and (6) (note)

Omit “, or a Commonwealth authority or agency”, substitute “or a Commonwealth entity”.

44  Subsection 91A(4)

Repeal the subsection (not including the note), substitute:

             (4)  In subsections (1) and (2), 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.

COAG Reform Fund Act 2008

45  Subsection 5(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 ”.

46  Subsection 5(2) (note 1)

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

47  Section 6 (note)

Repeal the note, substitute:

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

Coal Mining Industry (Long Service Leave) Administration Act 1992

48  Subsection 4(1) (definition of Finance Minister )

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

49  Subsection 6(2) (note)

Repeal the note, substitute:

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

50  Subsection 17(2)

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 ”.

51  Paragraph 28(2)(c)

Omit “of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997 ”.

52  At the end of subsection 28(2)

Add:

Note:          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).

53  Section 39

Repeal the section, substitute:

39   Application of the Public Governance, Performance and Accountability Act 2013

                   Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the Corporation.

Note:          Money standing to the credit of the Fund is relevant money for the purposes of the Public Governance, Performance and Accountability Act 2013 . (See section 40 of this Act and the definition of relevant money in section 8 of the Public Governance, Performance and Accountability Act 2013 .)

54  Subsection 50(1A)

Omit “an officer (within the meaning of the Commonwealth Authorities and Companies Act 1997 )”, substitute “an official (within the meaning of the Public Governance, Performance and Accountability Act 2013 )”.

Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992

55  Subsection 9(3)

Repeal the subsection, substitute:

             (3)  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 include particulars of:

                     (a)  any amounts paid to, or recovered by, the Corporation or another person under this section during the period; and

                     (b)  any proceedings brought by the Corporation to recover an amount under subsection (2) during the period.

Coastal Trading (Revitalising Australian Shipping) Act 2012

56  Subsection 6(1) (paragraph (a) of the definition of Commonwealth agency )

Repeal the paragraph, substitute:

                     (a)  a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); and

57  Paragraph 110(1)(b)

Repeal the paragraph, substitute:

                     (b)  the accountable authority, or a member of an accountable authority, of a Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ;

Commonwealth Electoral Act 1918

58  Subsection 4(1) (definition of Finance Minister )

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

59  At the end of section 11

Add:

             (3)  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).

60  Subsection 17(1)

Repeal the subsection.

61  Subsection 17(1A)

Omit “under subsection (1) in relation to the operations of the Commission for the year ending on 30 June 2001, and for each subsequent year, must include particulars for that year of”, substitute “prepared by the Electoral Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars for the period of”.

62  Subsection 17(2C)

Omit “under this” (wherever occurring), substitute “referred to in this”.

63  Subsection 17(4)

Omit “(1),”.

64  Subsection 17(5)

Omit “under this” (wherever occurring), substitute “referred to in this”.

65  Subsection 17A(1)

Omit “under” (first occurring), substitute “referred to in”.

66  Subsection 25(3)

Repeal the subsection, substitute:

             (3)  The Governor-General must terminate the appointment of the Electoral Commissioner, or the Deputy Electoral Commissioner while acting as the Electoral Commissioner, if the Commissioner or Deputy fails, without reasonable excuse, to comply with his or her obligations under:

                     (a)  section 11; or

                     (b)  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.

Commonwealth Inscribed Stock Act 1911

67  Paragraph 51JA(2A)(c)

Omit “subsection 39(2) of the Financial Management and Accountability Act 1997 ”, substitute “section 58 of the Public Governance, Performance and Accountability Act 2013 ”.

Commonwealth Places (Application of Laws) Act 1970

68  Section 21

Repeal the section, substitute:

21   Amounts received by an authority of a State not other CRF money

                   Despite subsection 105(2) of the Public Governance, Performance and Accountability Act 2013 , an amount received by an authority of a State under the applied provisions is not other CRF money for the purposes of that Act.

Commonwealth Places (Mirror Taxes) Act 1998

69  Subsection 23(5)

Repeal the subsection, substitute:

             (5)  Despite subsection 105(2) of the Public Governance, Performance and Accountability Act 2013 , an amount received under an applied law is not other CRF money for the purposes of that Act.

ComSuper Act 2011

70  Subsection 7(1)

Omit “(1)”.

71  At the end of subsection 7(1)

Add:

Note:          The CEO is not on the Board of the CSC, and is not a member of the accountable authority of the CSC. (See section 12 of the Public Governance, Performance and Accountability Act 2013 .)

72  Subsection 7(2)

Repeal the subsection.

73  Paragraph 8(5)(a)

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

74  Section 15

Repeal the section.

75  Paragraph 18(1)(e)

Omit “section 15”, substitute “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”.

76  Subsection 21(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 ”.

77  Section 22 (note)

Omit “Special Account if any of the purposes of the Account”, substitute “special account if any of the purposes of the special account”.

78  Paragraph 23(2)(f)

Omit “Special”.

79  Subsection 23(2) (note)

Repeal the note, substitute:

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

80  Section 24

Repeal the section, substitute:

24   Annual report

                   The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

                     (a)  particulars of any directions given to the CEO by CSC during the period; and

                     (b)  the impact of the directions on the performance of the CEO’s function.

Corporations (Aboriginal and Torres Strait Islander) Act 2006

81  Subsection 551-20(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 ”.

82  Paragraph 604-25(4)(c)

Omit “a Chief Executive, or an officer or employee, of a prescribed Agency (within the meaning of the Financial Management and Accountability Act 1997 )”, substitute “an accountable authority, a member of an accountable authority or any other official (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) of a non-corporate Commonwealth entity (within the meaning of that Act)”.

83  Paragraph 604-25(4)(g)

Repeal the paragraph, substitute:

                     (g)  an accountable authority, a member of an accountable authority or any other official (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) of a non-corporate Commonwealth entity (within the meaning of that Act) if the entity is prescribed for the purposes of this paragraph, for the purposes of performing the functions, or exercising the powers, conferred on the entity by a law of the Commonwealth;

Crimes (Superannuation Benefits) Act 1989

84  Subsection 2(1) (definition of Finance Minister )

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

Criminology Research Act 1971

85  Section 4 (definition of Finance Minister )

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

86  Subsection 46(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 ”.

87  Subsection 46(3) (note)

Omit “Special Account if any of the purposes of the Account”, substitute “special account if any of the purposes of the special account”.

88  Subsection 46(4) (note)

Repeal the note, substitute:

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

89  Section 49

Repeal the section, substitute:

49   Annual report

                   The annual report prepared by the Director and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

                     (a)  if a grant was made to a person during the period:

                              (i)  the name of the person; and

                             (ii)  the amount of the grant; and

                            (iii)  the purpose of the grant; and

                     (b)  any other matter prescribed by the regulations.

CSL Sale Act 1993

90  Subsection 3(1) (definition of Finance Minister )

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

Customs Act 1901

91  Subsection 4(1) (definition of Finance Minister )

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

92  Section 269SML

Repeal the section, substitute:

269SML   Disclosure of interests

             (1)  A disclosure by the Commissioner 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 , the Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with subsection (1) of this section.

93  Paragraph 269SMO(2)(c)

Omit “section 269SML”, substitute “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”.

Customs Administration Act 1985

94  Section 11

Before “The”, insert “(1)”.

95  At the end of section 11

Add:

             (2)  Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

96  Section 17

Repeal the section.

Dairy Produce Act 1986

97  Clause 104 of Schedule 2

Repeal the clause, substitute:

104   Application of the Public Governance, Performance and Accountability Act 2013

                   Despite subsection 105(2) of the Public Governance, Performance and Accountability Act 2013 , levy collected by a collection agent, a collection sub-agent or a collecting organisation is not other CRF money for the purposes of that Act.

98  Subclause 131(5) of Schedule 2

Repeal the subclause, substitute:

             (5)  In this clause:

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.

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

Defence Act 1903

99  Subsection 123H(3)

Omit “regulations in force for the purposes of subparagraph 65(2)(a)(ia) of the Financial Management and Accountability Act 1997 ”, substitute “rules made for the purposes of section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth)”.

100  Subsection 123H(4)

Omit “section 33 of the Financial Management and Accountability Act 1997 ”, substitute “section 65 of the Public Governance, Performance and Accountability Act 2013 ”.

Defence Force Discipline Appeals Act 1955

101  Subsection 4(1) (definition of Finance Minister )

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

Defence Force Retirement and Death Benefits Act 1973

102  Subsection 3(1) (definition of Finance Minister )

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

103  Subsections 124B(2) and (3) and 124C(3) (note)

Repeal the note.

104  Subsection 124D(10)

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

Defence Forces Retirement Benefits Act 1948

105  Subsection 4(1) (definition of Finance Minister )

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

Defence Forces Retirement Benefits (Pension Increases) Act 1967

106  Subsection 3(1) (definition of Finance Minister )

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

Defence Home Ownership Assistance Scheme Act 2008

107  Section 3 (definition of Commonwealth agency )

Omit “an Agency within the meaning of the Financial Management and Accountability Act 1997 ”, substitute “a non-corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013 ”.

108  Section 83

Repeal the section.

Defence Housing Australia Act 1987

109  Subsection 3(1) (definition of Finance Minister )

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

110  Subsections 6(1) and (2)

Repeal the subsections, substitute:

             (1)  The first additional function of DHA is to provide adequate and suitable housing for, and housing-related services to:

                     (a)  officials of a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) other than the Department, and their families; and

                     (b)  persons contracted to provide goods or services to a non-corporate Commonwealth entity (within the meaning of that Act) other than the Department, and their families;

in order to meet the requirements of that entity.

             (2)  The second additional function of DHA is to provide services ancillary to the services mentioned in subsection (1) and in subsection 5(1), to persons mentioned in those subsections, in order to meet the requirements of a non-corporate Commonwealth entity (within the meaning of that Act).

111  Subsection 11(1) (note)

Repeal the note, substitute:

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

112  Section 20

Omit “sections 27F and 27J of the Commonwealth Authorities and Companies Act 1997 ”, substitute “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”.

113  Paragraph 21(2)(b)

Repeal the paragraph.

114  At the end of subsection 21(2)

Add:

Note:          The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

115  Subsection 26(6)

Repeal the subsection, substitute:

             (6)  Rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 dealing with disclosing interests in a matter that is about to be considered by a body (other than the members of an accountable authority) apply to members of a committee.

             (7)  For the purposes of subsection (6), a member of a committee does not have a material personal interest in a matter only because the member is the tenant of a house rented from DHA.

116  Subsection 66A(1)

Omit “ Financial Management and Accountability Act 1997 )”, substitute “ Public Governance, Performance and Accountability Act 2013 ) of a non-corporate Commonwealth entity (within the meaning of that Act)”.

Defence Reserve Service (Protection) Act 2001

117  Section 7 (definition of Finance Minister )

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

Defence Service Homes Act 1918

118  Subsection 4(1) (definition of Finance Minister )

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

119  Subsection 40(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 ”.

Defence Trade Controls Act 2012

120  Subsection 69(6) (definition of Commonwealth entity )

Repeal the definition, substitute:

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

Director of Public Prosecutions Act 1983

121  Paragraph 11(3)(b)

Omit “a report under subsection 33(1)”, substitute “an annual report given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period”.

122  Subparagraph 11(3)(b)(i)

Omit “to which the report relates”.

123  Subparagraph 11(3)(b)(ii)

Omit “that period”, substitute “the period”.

124  Paragraph 23(2)(e)

Repeal the paragraph, substitute:

                     (e)  fails, without reasonable excuse, to comply with his or her obligations under:

                              (i)  section 24; or

                             (ii)  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;

125  At the end of section 24

Add:

             (3)  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).

126  Section 33

Repeal the section.

DisabilityCare Australia Fund Act 2013

127  Section 4 (definition of bank )

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

128  Section 4 (definition of DisabilityCare Australia Transitional Special Account )

Repeal the definition.

129  Section 4 (definition of Finance Minister )

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

130  Subsection 11(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 ”.

131  Subsection 11(2) (note)

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

132  Section 15 (note)

Repeal the note, substitute:

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

133  Section 16 (note)

Repeal the note, substitute:

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

134  Subsection 28(6)

Omit “Section 39 of the Financial Management and Accountability Act 1997 ”, substitute “Section 58 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by the Commonwealth)”.

135  Section 40

Repeal the section.

136  Part 5

Repeal the Part.

137  Subsection 53(1)

Omit “any or all of his or her powers under section 20, 49 or 51”, substitute “his or her power under section 20”.

Early Years Quality Fund Special Account Act 2013

138  Subsection 5(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 ”.

139  Section 7 (note)

Repeal the note, substitute:

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

Education Services for Overseas Students Act 2000

140  Subsection 52A(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 ”.

141  Section 52B (note)

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

142  Subsection 52C(1) (note)

Repeal the note, substitute:

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

143  Subparagraph 55C(1)(a)(ii)

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

Environment Protection and Biodiversity Conservation Act 1999

144  Section 514A (note)

Repeal the note, substitute:

Note:          Subject to section 514U, the Public Governance, Performance and Accountability Act 2013 applies to the Director. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

145  Section 514L

Repeal the section.

146  Paragraph 514P(2)(c)

Omit “; or”, substitute “.”.

147  Paragraph 514P(2)(d)

Repeal the paragraph.

148  At the end of subsection 514P(2)

Add:

Note:          The appointment of a person as the 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).

149  Subparagraph 514S(d)(ii)

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

150  Subsection 514T(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 the Fund.

151  Section 514U

Repeal the section, substitute:

514U   Application of Public Governance, Performance and Accountability Act 2013

             (1)  Sections 514A and 514E provide that the Director is a corporation. The Public Governance, Performance and Accountability Act 2013 applies (subject to subsection (2) of this section) in relation to the corporation as if the person holding, or performing the duties of, the office of Director were an accountable authority of the corporation for the purposes of that Act.

             (2)  To avoid doubt, the Public Governance, Performance and Accountability Act 2013 applies to the Australian National Parks Fund as though the Fund were money held by the Director.

152  Section 514V

Omit “section 9 of the Commonwealth Authorities and Companies Act 1997 ”, substitute “and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period”.

153  Section 514V

Omit “year to which the report relates”, substitute “period”.

154  Subsections 516A(1) to (4)

Repeal the subsections, substitute:

Annual reports for Commonwealth entities

             (1)  The accountable authority of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) must ensure that an annual report prepared under section 46 of that Act complies with subsection (6) of this section.

Annual reports of Commonwealth companies

             (4)  The directors of a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013 ) that is a Commonwealth agency must ensure that the documents given to the responsible Minister (within the meaning of that Act) under section 97 of that Act include a report complying with subsection (6) of this section.

155  Paragraph 516A(5)(c)

Omit “(3) or”, substitute “(1) or”.

156  Subsection 516A(6)

Omit “(3),”.

Excise Act 1901

157  Subsection 165A(11)

Omit “, under section 34 of the Financial Management and Accountability Act 1997 , to pay the amount notified to the relevant producer under subsection (3) in instalments in accordance with the provisions of that Act”, substitute “to pay the amount notified to the relevant producer under subsection (3) in accordance with rules (if any) made for the purposes of section 63 of the Public Governance, Performance and Accountability Act 2013 ”.

158  At the end of subsection 165A(11)

Add:

Note:          The CEO also has powers to collect and recover the duty under Part 4-15 in Schedule 1 to the Taxation Administration Act 1953 .

Export Finance and Insurance Corporation Act 1991

159  Subsection 3(1) (definition of Finance Minister )

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

160  Subsection 6(2) (note)

Repeal the note, substitute:

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

161  Subsection 11(2) (note)

Repeal the note, substitute:

Note:          Section 59 of the Public Governance, Performance and Accountability Act 2013 also gives EFIC the power to invest money that is not immediately required for the purposes of EFIC.

162  Paragraph 42(3)(b)

Omit “; or”, substitute “.”.

163  Paragraph 42(3)(c)

Repeal the paragraph.

164  At the end of subsection 42(3)

Add:

Note:          The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

165  Section 49 (note)

Repeal the note, substitute:

Note:          Section 35 of the Public Governance, Performance and Accountability Act 2013 requires the Board to prepare corporate plans.

166  Subsection 59(4)

Omit “ Financial Management and Accountability Act 1997 )”, substitute “ Public Governance, Performance and Accountability Act 2013 ) of a non-corporate Commonwealth entity (within the meaning of that Act)”.

167  Section 70

Repeal the section, substitute:

70   Annual report

                   Each 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 show separately the financial effect on the operations of EFIC of each direction given to it by the Minister under subsection 9(2) and in force at any time during that period.

168  Section 74

Before “The”, insert “(1)”.

169  At the end of section 74

Add:

             (2)  Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

170  Subsection 85(2)

Omit “EFIC must include in each annual report”, substitute “each 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 include”.

171  Paragraphs 85(2)(a) and (b)

Omit “to which the report relates”.

172  Paragraph 85(2)(c)

Omit “that period”, substitute “the period”.