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

Schedule 10 Amendments of Acts starting with M or N

   

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

1  Section 6 of Schedule 1 (subparagraph (a)(i) of the definition of agency )

Repeal the subparagraph, substitute:

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

Medibank Private Sale Act 2006

2  Subsection 3(5) (definition of Minister for Finance )

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

3  Item 1 of Schedule 2 (definition of Minister for Finance )

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

4  Item 1 of Schedule 2 (definition of wholly-owned Commonwealth company )

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

5  Item 7 of Schedule 2 (note)

Repeal the note, substitute:

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

Medical Indemnity Act 2002

6  Subsection 67(1)

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

Members of Parliament (Staff) Act 1984

7  Section 3 (definition of Finance Minister )

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

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

8  Subsection 78(1)

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

Military Rehabilitation and Compensation Act 2004

9  At the end of section 363

Add:

             (3)  Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 and the definition of Department of State in section 8 of that Act, the Commission:

                     (a)  is not a Commonwealth entity for the purposes of that Act; and

                     (b)  is taken to be part of the Department administered by the Minister administering this Chapter for those purposes.

Note:          This means that the Commission members are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013 .

10  Paragraph 372(2)(c)

Repeal the paragraph, substitute:

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

                              (i)  section 379 or 380; 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; or

11  Section 381

Repeal the section.

Military Superannuation and Benefits Act 1991

12  Subsections 16B(2) and (3) (note)

Repeal the note.

13  Subsection 16C(3) (note)

Repeal the note.

14  Subsection 16D(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”.

15  Subsections 51B(2) and (3) (note)

Repeal the note.

16  Subsection 51C(8)

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”.

Moomba-Sydney Pipeline System Sale Act 1994

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

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

National Blood Authority Act 2003

18  Section 33

Repeal the section.

19  Paragraph 35(2)(d)

Repeal the paragraph, substitute:

                     (d)  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.

20  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 ”.

21  Section 41 (note)

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

22  Section 43

Repeal the section, substitute:

43   Corporate plan

             (1)  The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.

             (2)  Subsection 35(3) of that Act (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.

23  Subsection 44(1)

Repeal the subsection, substitute:

             (1)  The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 .

24  Subsection 44(3)

Omit “each report described in this section”, substitute “the report mentioned in subsection (2)”.

National Broadband Network Companies Act 2011

25  Section 5 (definition of bank )

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

26  Section 5 (definition of Finance Minister )

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

27  Subparagraph 20(1)(d)(iv)

Repeal the subparagraph, substitute:

                            (iv)  any other form of investment prescribed by rules made for the purposes of subparagraph 58(8)(a)(iii) of the Public Governance, Performance and Accountability Act 2013 (section 58 of that Act deals with investment by the Commonwealth).

28  Subsection 54(12) (definition of wholly-owned Commonwealth company )

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

29  Section 57 (note)

Repeal the note, substitute:

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

30  Section 78

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

31  Subsections 82(1) to (5)

Repeal the subsections, substitute:

             (1)  The corporate plan for NBN Co prepared under section 95 of the Public Governance, Performance and Accountability Act 2013 must cover each NBN corporation. In particular, for each NBN corporation the plan must include details of the matters in subsection (6), so far as they are applicable.

             (2)  The members of the Board must keep the Finance Minister and the Communications Minister informed about changes to the plan.

             (3)  Subsection (2) does not limit section 91 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed).

National Cattle Disease Eradication Account Act 1991

32  Subsection 4(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 ”.

33  Subsection 5(1)

Omit “(1)” (first occurring).

34  Subsection 5(1) (note)

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

National Consumer Credit Protection Act 2009

35  Subsection 115(2) of the National Credit Code

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

National Disability Insurance Scheme Act 2013

36  Section 9 (definition of CAC Act )

Repeal the definition.

37  Section 9 (definition of Finance Minister )

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

38  Subsection 117(2) (note)

Repeal the note, substitute:

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

39  Subparagraph 121(2)(b)(ii)

Omit “CAC Act, or the regulations or an”, substitute “ Public Governance, Performance and Accountability Act 2013 , or any”.

40  Subparagraph 125(2)(c)(ii)

Omit “CAC Act, or the regulations or an”, substitute “ Public Governance, Performance and Accountability Act 2013 , or any”.

41  Paragraph 125A(b)

Omit “established and maintained by Board members under section 32 of the CAC Act”, substitute “for the Agency”.

42  At the end of section 125A

Add:

Note:          See section 45 of the Public Governance, Performance and Accountability Act 2013 (which deals with audit committees for Commonwealth entities).

43  Paragraph 134(2)(d)

Repeal the paragraph.

44  At the end of subsection 134(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).

45  At the end of section 134

Add:

Termination under the Public Governance, Performance and Accountability Act 2013

             (5)  Subsections (3) and (4) are taken to apply in relation to the termination of the appointment of the Chair under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as those subsections apply to a termination under this section.

46  Paragraph 138(2)(a)

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

47  Section 165

Repeal the section, substitute:

165   Disclosure of interests

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

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

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

48  Paragraph 167(2)(d)

Repeal the paragraph, substitute:

                     (d)  the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or

49  Subsection 172(1)

Repeal the subsection, substitute:

             (1)  The annual report prepared by the Board members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must include the things described in subsections (2) and (4).

50  Subsection 173(1)

Repeal the subsection, substitute:

             (1)  The Board members must give the Ministerial Council a copy of each of the following when, or as soon as practicable after, the Board members give the copy to the Minister or the Finance Minister:

                     (a)  information, a report or a document given to the Minister or the Finance Minister under paragraph 19(1)(b) of the Public Governance, Performance and Accountability Act 2013 ;

                     (b)  particulars of a decision or issue notified to the Minister under paragraph 19(1)(c), (d) or (e) of that Act;

                     (c)  an annual report given to the Minister under section 46 of that Act.

          (1A)  If the Board members inform the Minister of activities under paragraph 19(1)(a) of that Act, the Board members must also inform the Ministerial Council of the activities.

51  Section 177

Repeal the section, substitute:

177   Corporate plan

             (1)  In preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the Board must have regard to a statement given under section 125 of this Act.

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

                     (a)  the financial sustainability of the National Disability Insurance Scheme (including estimates of the current and future expenditure of the National Disability Insurance Scheme);

                     (b)  the risks and issues relevant to the financial sustainability of the National Disability Insurance Scheme and the management of those risks and issues.

             (3)  The Board must give a copy of the plan to the Ministerial Council before the start of the period covered by the plan.

             (4)  If the Board varies the plan, the Board must notify the Ministerial Council of the variation.

             (5)  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Board.

52  Subsection 180(4)

Repeal the subsection, substitute:

             (4)  Subsections (2) and (3) do 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 Agency.

53  Subsection 180B(1)

Omit “on the Agency under section 9 of the CAC Act is being prepared”, substitute “is being prepared by the Board members under section 46 of the Public Governance, Performance and Accountability Act 2013 ”.

National Film and Sound Archive of Australia Act 2008

54  Subsection 5(2) (note)

Repeal the note, substitute:

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

55  Paragraph 16(2)(b)

Repeal the paragraph.

56  At the end of subsection 16(2)

Add:

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

57  Paragraph 18(3)(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 ”.

58  Subsection 18(10)

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

59  Section 27

Repeal the section, substitute:

27   Disclosure of interests

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

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

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

60  Paragraph 29(2)(c)

Repeal the paragraph, substitute:

                     (c)  the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or

61  Sections 33 and 34

Repeal the sections, substitute:

33   Corporate plan

             (1)  The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 .

Note:          The instruction may be to include details of particular matters in the corporate plan.

             (2)  An instruction given under subsection (1) is not a legislative instrument.

62  Subsection 35(1)

Omit “The plan”, substitute “The corporate plan”.

63  Subsections 36(1) and (2)

Omit “a corporate plan”, substitute “the corporate plan”.

64  Subsection 37(4)

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

65  Subsection 38(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 National Film and Sound Archive of Australia.

66  Subsection 39(2)

Repeal the subsection.

67  Section 41

Omit “on the National Film and Sound Archive of Australia under section 9 of the Commonwealth Authorities and Companies Act 1997 ”, substitute “prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ”.

68  Subsection 42(4)

Omit “section 16 of the Commonwealth Authorities and Companies Act 1997 ”, substitute “section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed)”.

National Gallery Act 1975

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

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

70  Subsection 4(2) (note)

Repeal the note, substitute:

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

71  Subsection 7(4)

Omit “subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ”, substitute “subsection 59(1) of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities)”.

72  At the end of paragraph 17(2)(a)

Add “or”.

73  Paragraph 17(2)(b)

Omit “or”.

74  Paragraph 17(2)(c)

Repeal the paragraph.

75  At the end of subsection 17(2)

Add:

Note:          The appointment of a part-time 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).

76  At the end of paragraph 29(2)(a)

Add “or”.

77  Paragraph 29(2)(aa)

Repeal the paragraph, substitute:

                    (aa)  fails, without reasonable excuse, to comply with subsection (3); or

78  At the end of paragraph 29(2)(ab)

Add “or”.

79  At the end of subsection 29(2)

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).

80  At the end of section 29

Add:

             (4)  Subsection (3) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

81  Subsection 37(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 Gallery.

82  Subsection 38(1)

Omit “(1)”.

83  Subsection 38(2)

Repeal the subsection.

84  Section 40

Repeal the section, substitute:

40   Annual report

                   The annual report prepared by the Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of any disposals of works of art under section 9 of this Act during the period.

National Health Act 1953

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

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

National Health and Medical Research Council Act 1992

86  Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Division 3 Corporate plans

87  Section 16

Repeal the section, substitute:

16   Corporate plan

             (1)  Before preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the CEO must consult with the Minister and the Council on the matters proposed for inclusion in the plan.

             (2)  The corporate plan for a period must set out:

                     (a)  the CEO’s assessment of the major national health issues that are likely to arise during the period; and

                     (b)  the manner in which the CEO proposes to perform his or her functions in dealing with those issues during the period; and

                     (c)  a national strategy for medical research and public health research.

88  Section 17

Repeal the section.

89  Section 18

Repeal the section, substitute:

18   Approval and tabling of corporate plan

             (1)  After receiving a corporate plan for a period, the Minister must either:

                     (a)  approve the plan; or

                     (b)  request the CEO to give the Minister a different corporate plan for the same period.

             (2)  If the Minister requests the CEO to give the Minister a different corporate plan, the CEO must do so as soon as reasonably practicable.

             (3)  A corporate plan comes into force:

                     (a)  immediately after the end of the period covered by the immediately preceding corporate plan that was in force; or

                     (b)  when it is approved by the Minister, if the Minister approves it after the end of that period.

             (4)  The Minister must cause to be laid before each House of the Parliament a copy of a corporate plan he or she has approved, within 15 sitting days of that House after he or she approves it.

90  Section 19 (heading)

Repeal the heading, substitute:

19   Variation of corporate plan

91  Section 19

Omit “strategic plan” (wherever occurring), substitute “corporate plan”.

92  At the end of subsection 42A(1)

Add:

Note:          The CEO also has a duty to disclose interests under section 29 of the Public Governance, Performance and Accountability Act 2013 .

93  Subsection 42A(2)

Repeal the subsection.

94  At the end of subsection 42A(3)

Add:

Note:          The member also has a duty to disclose interests under section 29 of the Public Governance, Performance and Accountability Act 2013 .

95  Subsection 42A(4)

Repeal the subsection.

96  Subsection 42A(5)

Omit “or (4)”.

97  Subsections 42A(7) and (8)

Repeal the subsections (not including the note).

98  Paragraph 44B(3)(b)

Repeal the paragraph, substitute:

                     (b)  fails, without reasonable excuse, to comply with an obligation to disclose an interest under any of the following (as the case requires):

                              (i)  section 42A or 76;

                             (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; or

99  Subsection 49(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 ”.

100  Section 50 (note)

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

101  Subsection 52(1)

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

102  Section 83

Repeal the section, substitute:

83   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 the following:

                     (a)  details of the membership of the Council;

                     (b)  details of the functions, composition and membership of each Principal Committee;

                     (c)  details of all regulatory recommendations and interim regulatory recommendations made by the CEO during the period;

                     (d)  details of any matter referred by the Minister to the CEO, the Council or a Principal Committee during the period under section 5D;

                     (e)  details of any direction given by the Minister to the CEO, the Council or a Principal Committee during the period under section 5E;

                      (f)  details of any guidelines or interim guidelines issued by the CEO during the period in the performance of the CEO’s functions under paragraph 7(1)(a);

                     (g)  details of all recommendations made by the CEO during the period to the Minister in the performance of the CEO’s functions under paragraph 7(1)(c);

                     (h)  a copy of the Commissioner’s annual report to the CEO for the period;

                      (i)  details of all action taken by the CEO in response to recommendations made by the Commissioner.

National Health Reform Act 2011

103  Subsection 8(2) (note)

Repeal the note, substitute:

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

104  Paragraph 26(2)(b)

Omit “or”.

105  Paragraph 26(2)(c)

Repeal the paragraph.

106  At the end of subsection 26(2)

Add:

Note:          The appointment of a Commission 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).

107  Section 33

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

108  Section 43

Repeal the section, substitute:

43   Disclosure of interests

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

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

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

109  Paragraph 45(4)(c)

Repeal the paragraph, substitute:

                     (c)  the Commission CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or

110  Section 52

Repeal the section, substitute:

52   Publishing reports and documents about performance of Commission’s function

                   If:

                     (a)  a report about a matter relating to the performance of the Commission’s functions; or

                     (b)  a document setting out information relating to the performance of the Commission’s functions;

is given to the Minister under paragraph 19(1)(b) of the Public Governance, Performance and Accountability Act 2013 , the Minister may cause the report or document to be published (whether on the internet or otherwise).

111  Section 53

Repeal the section, substitute:

53   Annual report

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

                     (a)  an assessment of the impact of the performance of each of the Commission’s functions during the period; and

                     (b)  an assessment of:

                              (i)  the safety of health care services provided during the period; and

                             (ii)  the quality of health care services provided during the period.

112  At the end of Part 2.6

Add:

54AA   Corporate plan

             (1)  A work plan prepared under section 54 is not a corporate plan for the purposes of section 35 of the Public Governance, Performance and Accountability Act 2013 .

Note:          The Commission Board must also prepare a corporate plan under that section.

             (2)  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Commission Board.

113  Subsection 67(2) (note)

Repeal the note.

114  Section 76

Repeal the section, substitute:

76   Disclosure of interests

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

115  Section 77

Repeal the section.

116  Section 98

Repeal the section, substitute:

98   Disclosure of interests

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

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

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

117  Paragraph 100(2)(c)

Repeal the paragraph.

118  At the end of subsection 100(2)

Add:

Note:          The appointment of the Performance Authority CEO 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).

119  Section 109

Repeal the section.

120  Section 111 (heading)

Repeal the heading, substitute:

111   Compilation of reports

121  Subsection 111(1)

Repeal the subsection.

122  Part 3.11 (heading)

Repeal the heading, substitute:

Part 3.11 Planning

123  At the end of Part 3.11

Add:

112AA   Corporate plan

             (1)  A strategic plan prepared under section 112 is not a corporate plan for the purposes of section 35 of the Public Governance, Performance and Accountability Act 2013 .

Note:          The Performance Authority CEO must also prepare a corporate plan under that section.

             (2)  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Performance Authority CEO.

124  Paragraph 126(a)

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

125  Subsection 135(2) (note)

Repeal the note.

126  Section 148

Repeal the section, substitute:

148   Disclosure of interests

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

127  Section 149

Repeal the section.

128  Section 169

Repeal the section, substitute:

169   Disclosure of interests

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

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

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

129  Paragraph 171(3)(c)

Repeal the paragraph.

130  At the end of subsection 171(3)

Add:

Note:          The appointment of the Pricing Authority CEO 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).

131  Part 4.13 (heading)

Repeal the heading, substitute:

Part 4.13 Reporting and planning

132  Section 209

Repeal the section, substitute:

209   Keeping the Standing Council on Health informed

             (1)  The Pricing Authority must keep the Standing Council on Health informed of the operations of the Pricing Authority.

             (2)  However, the Pricing Authority is not required to inform the Standing Council on Health about the performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 .

Note:          The Pricing Authority CEO has a duty, under section 19 of the Public Governance, Performance and Accountability Act 2013 , to keep the Minister and the Finance Minister informed of particular matters.

133  Subsection 211(1)

After “Pricing Authority”, insert “, and the Pricing Authority CEO,”.

134  Subsection 211(2)

Omit “under section 212”, substitute “given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ”.

135  Section 212

Repeal the section, substitute:

212   Corporate plan

                   Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Pricing Authority CEO.

136  Paragraph 227(a)

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

137  Section 260

Repeal the section, substitute:

260   Disclosure of interests

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

             (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 Funding Body CEO is taken not to have complied with section 29 of that Act if the Funding Body CEO does not comply with subsection (1) of this section.

138  Paragraph 262(4)(c)

Repeal the paragraph, substitute:

                     (c)  the Funding Body CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or

139  After section 266

Insert:

Division 4 Reporting and planning

140  Section 267

Repeal the section, substitute:

267   Annual report

                   The Funding Body CEO must give to the responsible Ministers for the States and Territories a copy of each annual report that is prepared by the Funding Body CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 .

267A   Corporate plan

                   Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Funding Body CEO.

141  Section 281

Repeal the section.

National Library Act 1960

142  Section 4 (definition of Finance Minister )

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

143  Subsection 5(1) (note)

Repeal the note, substitute:

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

144  At the end of section 14

Add:

             (3)  Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a member elected by either House of the Parliament despite subsection 30(6) of that Act.

145  At the end of paragraphs 15(1)(a) and (c)

Add “or”.

146  Paragraph 15(1)(d)

Omit “or”.

147  Paragraph 15(1)(e)

Repeal the paragraph.

148  At the end of subsection 15(1)

Add:

Note:          The appointment of a member (other than a member elected by either House of the Parliament) 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  Paragraph 17E(1)(aa)

Repeal the paragraph, substitute:

                    (aa)  fails, without reasonable excuse, to comply with subsection (3); or

150  At the end of subsection 17E(1)

Add:

Note:          The appointment of the Director-General 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).

151  At the end of section 17E

Add:

             (4)  Subsection (3) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

152  Subsection 22(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 Library.

National Museum of Australia Act 1980

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

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

154  Subsection 4(2) (note)

Repeal the note, substitute:

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

155  Subsection 9(5)

Repeal the subsection.

156  At the end of sections 9 and 9A

Add:

Note:          Particulars of any disposals of historical material under this section must be included in the annual report (see section 38).

157  At the end of paragraph 17(2)(a)

Add “or”.

158  Paragraph 17(2)(b)

Omit “or”.

159  Paragraph 17(2)(c)

Repeal the paragraph.

160  At the end of subsection 17(2)

Add:

Note:          The appointment of a part-time 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).

161  At the end of paragraphs 27(2)(a), (b) and (c)

Add “or”.

162  Paragraph 27(2)(d)

Omit “or” (second occurring).

163  Paragraph 27(2)(e)

Repeal the paragraph.

164  At the end of subsection 27(2)

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).

165  Subsection 34(4)

Omit “in accordance with subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ”.

166  Subsection 35(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 Museum.

167  Subsection 37(1)

Omit “(1)”.

168  Subsection 37(2)

Repeal the subsection.

169  Section 38

Repeal the section, substitute:

38   Annual report

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

                     (a)  set out all directions given by the Minister to the Museum or the Council during the period; and

                     (b)  include particulars of any disposals of historical material under section 9 or 9A during the period.

National Portrait Gallery of Australia Act 2012

170  Subsection 6(2) (note)

Repeal the note, substitute:

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

171  Paragraph 21(2)(b)

Omit “; or”, substitute “.”.

172  Paragraph 21(2)(c)

Repeal the paragraph.

173  At the end of subsection 21(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).

174  Paragraph 24(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 ”.

175  Section 28

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

176  Section 37

Repeal the section, substitute:

37   Disclosure of interests

             (1)  A disclosure by the Director 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 and the Board.

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

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

177  Paragraph 39(1)(f)

Repeal the paragraph, substitute:

                      (f)  if the Director 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.

178  Section 44

Repeal the section, substitute:

44   Corporate plan

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

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

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

179  Subsection 45(4)

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

180  Subsection 46(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 Gallery.

181  Subsection 47(2)

Repeal the subsection.

182  Section 49

Omit “Each annual report on the Gallery under section 9 of the Commonwealth Authorities and Companies Act 1997 ”, substitute “The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ”.

183  Paragraphs 49(a) and (b)

Omit “financial year”, substitute “period”.

National Radioactive Waste Management Act 2012

184  Subsection 34C(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 ”.

185  Subsection 34D(1) (note)

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

186  Subsection 34D(2) (note)

Repeal the note, substitute:

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

National Residue Survey Administration Act 1992

187  Title

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

188  Subsection 6(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 ”.

189  Section 7 (note)

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

National Transport Commission Act 2003

190  Subsection 5(2) (note)

Repeal the note, substitute:

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

191  Subsection 19(2)

Repeal the subsection, substitute:

             (2)  If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.

Note:          The appointment of an ordinary 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).

192  At the end of section 19

Add:

Termination under Public Governance, Performance and Accountability Act 2013

             (4)  Subsection (3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.

193  Division 1 of Part 4 (heading)

Repeal the heading, substitute:

Division 1 Corporate plans

194  Sections 23 and 24

Repeal the sections, substitute:

23   Draft corporate plan

             (1)  Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 , the members must prepare a draft corporate plan and give it to the Australian Transport Council.

             (2)  The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.

             (3)  Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the members.

195  Section 25 (heading)

Repeal the heading, substitute:

25   Approval of draft corporate plan

196  Subsection 25(1)

Omit “strategic plan” (wherever occurring), substitute “corporate plan”.

197  Subsection 25(2)

Repeal the subsection, substitute:

             (2)  If the Australian Transport Council refuses to approve the draft corporate plan, the Council must direct the members to:

                     (a)  make such alterations to the draft corporate plan as are specified in the direction; and

                     (b)  give the altered draft corporate plan to the Council within the period specified in the direction.

198  Subsection 25(3)

Omit “Commission”, substitute “members”.

199  Subsection 25(4)

Omit “strategic plan” (wherever occurring), substitute “corporate plan”.

200  Subsections 25(5) and (6)

Repeal the subsections, substitute:

             (5)  The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Australian Transport Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 .

201  Subsection 33(3)

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

202  Subsection 37(1)

Repeal the subsection, substitute:

             (1)  If the Australian Transport Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission’s receipts and expenditure for a period specified by the Council.

Note:          Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013 .

203  Paragraph 37(3)(a)

Omit “strategic plan under section 23”, substitute “corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 ”.

204  Subsection 38(1)

Omit “An annual report prepared by members under section 9 of the Commonwealth Authorities and Companies Act 1997 ”, substitute “The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ”.

National Vocational Education and Training Regulator Act 2011

205  Section 3

Insert:

corporate plan means a corporate plan prepared by the Chief Executive Officer under section 35 of the Public Governance, Performance and Accountability Act 2013 .

206  Section 167

Repeal the section, substitute:

167   Disclosure of interests

             (1)  A disclosure by a 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 , a 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.

207  Paragraph 170(1)(e)

Repeal the paragraph, substitute:

                     (e)  the Commissioner 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.

208  Section 175

Repeal the section.

209  Section 215

Repeal the section, substitute:

215   Annual report

             (1)  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 the following:

                     (a)  an assessment of the extent to which the National VET Regulator’s operations during the period have contributed to the objectives set out in the annual operational plan for the period;

                     (b)  particulars of variations (if any) of the annual operational plan taking effect during the period;

                     (c)  a statement about the Regulator’s compliance, during the period, with the Standards for VET Regulators;

                     (d)  a report on whether the service standards have been met by the Regulator during the period, including reasons in any case where the service standards have not been met;

                     (e)  details of the number of directions given to the Regulator by the Minister during the period;

                      (f)  details of the number and types of matters relating to vocational education and training which the Commonwealth, State and Territory Education Ministers referred to the Regulator during the period;

                     (g)  details of the number and types of matters relating to vocational education and training which the Ministerial Council referred to the Regulator during the period;

                     (h)  a general description of the Regulator’s response to the matters mentioned in paragraphs (f) and (g).

             (2)  The Minister must give a copy of the report to the relevant Minister for each of the parties to the Ministerial Council (other than the Commonwealth) at the same time as the report is presented to the Parliament for the purposes of section 46 of the Public Governance, Performance and Accountability Act 2013 .

210  Part 11 (heading)

Repeal the heading, substitute:

Part 11 Corporate and annual operational plans

211  Division 1 of Part 11 (heading)

Repeal the heading, substitute:

Division 1 Corporate plans

212  Section 217

Repeal the section.

213  Section 218

Repeal the section, substitute:

218   Approval of corporate plan

             (1)  The Chief Executive Officer must give a copy of a corporate plan to the Minister for approval on or before:

                     (a)  31 January before the first reporting period to which the plan relates; or

                     (b)  if allowed by the Minister—a later day, but not later than 31 March before the first reporting period to which the plan relates.

Note:          The corporate plan is prepared under section 35 of the Public Governance, Performance and Accountability Act 2013 (see the definition of corporate plan in section 3 of this Act).

             (2)  A corporate plan comes into force on:

                     (a)  the day on which it is approved by the Minister; or

                     (b)  the first day of the period to which it relates;

whichever is later.

             (3)  In this section:

reporting period has the meaning given by the Public Governance, Performance and Accountability Act 2013 .

214  Section 219 (heading)

Repeal the heading, substitute:

219   Variation of corporate plan

215  Subsection 219(1)

Omit “National VET Regulator”, substitute “Chief Executive Officer”.

216  Subsection 219(1)

Omit “strategic plan”, substitute “corporate plan”.

217  Subsections 219(2) and (3)

Repeal the subsections, substitute:

             (2)  The Chief Executive Officer may, with the approval of the Minister, vary a corporate plan.

             (3)  The Minister may, at any time, request the Chief Executive Officer to vary a corporate plan, whether or not it has come into force.

218  Subsection 219(4)

Omit “strategic plan, the National VET Regulator”, substitute “corporate plan, the Chief Executive Officer”.

219  Subsection 219(5)

Omit “strategic plan”, substitute “corporate plan”.

220  Subsection 219(6)

Omit “National VET Regulator may vary a strategic plan”, substitute “Chief Executive Officer may vary a corporate plan”.

221  Subsection 219(7)

Repeal the subsection.

222  At the end of Division 1 of Part 11

Add:

219A   Application of the Public Governance, Performance and Accountability Act 2013

                   Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the Chief Executive Officer.

223  Subsection 220(1)

Omit “National VET Regulator”, substitute “Chief Executive Officer”.

224  Paragraph 220(2)(a)

Omit “strategic plan”, substitute “corporate plan”.

225  Paragraph 220(2)(b)

Omit “as the Regulator”, substitute “as the Chief Executive Officer”.

226  Section 221

Repeal the section, substitute:

221   Variation of annual operational plan

                   If the Chief Executive Officer submits to the Minister proposals for variation of a corporate plan, the Chief Executive Officer must consequentially vary a relevant annual operational plan as required.

227  Section 222

Omit “strategic plan”, substitute “corporate plan”.

National Water Commission Act 2004

228  Section 9

Repeal the section.

229  Paragraph 18(1)(c)

Repeal the paragraph, substitute:

                     (c)  if the Commissioner 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.

230  Section 22

Repeal the section.

231  Paragraph 32(1)(d)

Repeal the paragraph, substitute:

                     (d)  if the CEO fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

232  Section 33

Repeal the section.

233  Subsection 45(1)

Repeal the subsection, substitute:

             (1)  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 the matters set out in subsections (2) and (3).

234  Subsection 45(2)

Omit “during a year under this Act, then the report relating to that year”, substitute “under this Act during the period, the report”.

235  Subsection 45(3)

Omit “during a year, then the report relating to that year”, substitute “during the period, the report”.

236  After section 45

Insert:

45A   Corporate plan

                   Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government’s key priorities and objectives) does not apply to a corporate plan prepared by the CEO.

Nation-building Funds Act 2008

237  Section 4 (definition of bank )

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

238  Section 4 (definition of drawing right )

Repeal the definition.

239  Section 4 (definition of Finance Minister )

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

240  Section 11 (note 2)

Before “ Financial ”, insert “repealed”.

241  Subsection 13(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 ”.

242  Subsection 13(2) (note)

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

243  Subsection 17(1) (note)

Before “ Financial ”, insert “repealed”.

244  Subsection 18(1) (note)

Repeal the note, substitute:

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

245  Section 19 (note 1)

Repeal the note, substitute:

Note 1:       See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

246  Section 20 (note)

Repeal the note, substitute:

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

247  Subsection 34(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)”.

248  Section 46

Repeal the section.

249  Section 50

Omit:

•      The Finance Minister must comply with general drawing rights limits.

substitute:

•      The Finance Minister must comply with any debit limits that may be imposed by an Appropriation Act.

250  Subsection 61(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 ”.

251  Subsection 62(1) (note)

Repeal the note, substitute:

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

252  Subsection 68(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 ”.

253  Subsection 69(1) (note)

Repeal the note, substitute:

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

254  Subsection 75(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 ”.

255  Subsection 76(1) (note)

Repeal the note, substitute:

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

256  Subsection 82(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 ”.

257  Subsection 83(1) (note)

Repeal the note, substitute:

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

258  Sections 109 to 111

Repeal the sections, substitute:

109   Appropriation Acts may specify debit limits

             (1)  If an Appropriation Act relating to a financial year declares that a specified amount is the debit limit for the financial year for the purposes of this section, the total of the following amounts debited during the financial year must not exceed that limit:

                     (a)  an amount debited from the Building Australia Fund Special Account for a purpose mentioned in paragraph 18(1)(a), (b), (d) or (e);

                     (b)  an amount debited from the BAF Infrastructure Portfolio Special Account (other than a debit under section 91);

                     (c)  an amount debited from the BAF Communications Portfolio Special Account for the purpose of making a payment in relation to the creation or development of communications infrastructure, other than:

                              (i)  an amount debited for the purpose of making a payment in relation to an eligible national broadband network matter; or

                             (ii)  an amount debited under section 96;

                     (d)  an amount debited from the BAF Energy Portfolio Special Account (other than a debit under section 101);

                     (e)  an amount debited from the BAF Water Portfolio Special Account (other than a debit under section 106);

                      (f)  an amount debited from the COAG Reform Fund in accordance with subsection 92(2), 97(2), 102(2) or 107(2).

             (2)  If, for a financial year, there is no Appropriation Act relating to the financial year that specifies a debit limit for the financial year for the purposes of this section, an amount referred to in subsection (1) must not be debited from a Special Account or Fund.

             (3)  This section applies despite any provision of this Act or the Public Governance, Performance and Accountability Act 2013 .

259  Subsection 112(2)

Repeal the subsection, substitute:

Macroeconomic circumstances

             (2)  In making the decision, the Finance Minister must have regard to the principle that the total of the amounts referred to in subsection 109(1) debited during the financial year should depend primarily on the macroeconomic circumstances.

260  Subsection 121(3)

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)”.

261  Subsection 132(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 ”.

262  Subsection 132(2) (note)

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

263  Subsection 136(1) (note)

Repeal the note, substitute:

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

264  Section 137 (note 1)

Repeal the note, substitute:

Note 1:       See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

265  Section 138 (note)

Repeal the note, substitute:

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

266  Subsection 153(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)”.

267  Section 165

Repeal the section.

268  Section 169

Omit:

•      The Finance Minister must comply with general drawing rights limits.

substitute:

•      The Finance Minister must comply with any debit limits that may be imposed by an Appropriation Act.

269  Subsection 181(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 ”.

270  Subsection 182(1) (note)

Repeal the note, substitute:

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

271  Subsection 188(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 ”.

272  Subsection 189(1) (note)

Repeal the note, substitute:

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

273  Sections 199 to 201

Repeal the sections, substitute:

199   Appropriation Acts may specify debit limits

             (1)  If an Appropriation Act relating to a financial year declares that a specified amount is the debit limit for the financial year for the purposes of this section, the total of the following amounts debited during the financial year must not exceed that limit:

                     (a)  an amount debited from the Education Investment Fund Special Account for a purpose mentioned in paragraph 136(1)(a), (b), (c), (d) or (e);

                     (b)  an amount debited from the EIF Education Portfolio Special Account (other than a debit under section 196);

                     (c)  an amount debited from the EIF Research Portfolio Special Account;

                     (d)  an amount debited from the COAG Reform Fund in accordance with subsection 197(2).

             (2)  If, for a financial year, there is no Appropriation Act relating to the financial year that specifies a debit limit for the financial year for the purposes of this section, an amount referred to in subsection (1) must not be debited from a Special Account or Fund.

             (3)  This section applies despite any provision of this Act or the Public Governance, Performance and Accountability Act 2013 .

274  Subsection 202(2)

Repeal the subsection, substitute:

Macroeconomic circumstances

             (2)  In making the decision, the Finance Minister must have regard to the principle that the total of the amounts referred to in subsection 199(1) debited during the financial year should depend primarily on the macroeconomic circumstances.

275  Subsection 206(3)

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)”.

276  Subsection 215(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 ”.

277  Subsection 215(2) (note)

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

278  Subsection 218(1) (note)

Repeal the note, substitute:

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

279  Section 219 (note)

Repeal the note, substitute:

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

280  Subsection 228(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)”.

281  Section 240

Repeal the section.

282  Section 244

Omit:

•      The Finance Minister must comply with general drawing rights limits.

substitute:

•      The Finance Minister must comply with any debit limits that may be imposed by an Appropriation Act.

283  Subsection 255(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 ”.

284  Subsection 256(1) (note)

Repeal the note, substitute:

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

285  Sections 267 to 269

Repeal the sections, substitute:

267   Appropriation Acts may specify debit limits

             (1)  If an Appropriation Act relating to a financial year declares that a specified amount is the debit limit in relation to the financial year for the purposes of this section, the total of the following amounts debited during the financial year must not exceed that limit:

                     (a)  an amount debited from the Health and Hospitals Fund Special Account for the purpose mentioned in paragraph 218(1)(a);

                     (b)  an amount debited from the HHF Health Portfolio Special Account (other than a debit under section 264);

                     (c)  an amount debited from the COAG Reform Fund in accordance with subsection 265(2).

             (2)  If, for a financial year, there is no Appropriation Act relating to the financial year that specifies a debit limit for the financial year for the purposes of this section, an amount referred to in subsection (1) must not be debited from a Special Account or Fund.

             (3)  This section applies despite any provision of this Act or the Public Governance, Performance and Accountability Act 2013 .

286  Subsection 270(2)

Repeal the subsection, substitute:

Macroeconomic circumstances

             (2)  In making the decision, the Finance Minister must have regard to the principle that the total of the amounts referred to in subsection 267(1) debited during the financial year should depend primarily on the macroeconomic circumstances.

287  Subsection 274(3)

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)”.

288  Application

The following apply on and after 1 July 2015:

                     (a)  the repeal of the definition of drawing right in section 4 of the Nation-building Funds Act 2008 made by this Schedule;

                     (b)  the amendments to the following sections of the Nation-building Funds Act 2008 made by this Schedule:

                              (i)  section 50;

                             (ii)  sections 109 to 112;

                            (iii)  section 169;

                            (iv)  sections 199 to 202;

                             (v)  section 244;

                            (vi)  sections 267 to 270.

Native Title Act 1993

289  Section 106

Before “The”, insert “(1)”.

290  At the end of section 106

Add:

             (2)  The Registrar must also give written notice to the President of all material personal interests that the Registrar has that relate to the affairs of the Tribunal.

             (3)  Section 29 of the Public Governance, Performance and Accountability Act 2013 does not apply to the Registrar.

291  Paragraph 128(2)(a)

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

292  Subsection 128(2) (note 1)

Repeal the note, substitute:

Note 1:       For the purposes of the Public Governance, Performance and Accountability Act 2013 , the Registrar of the Federal Court is the accountable authority of the listed entity that includes the Native Title Registrar, the Deputy Registrars and the staff assisting the Tribunal.

293  Section 129A (note)

Omit “section 53 of the Financial Management and Accountability Act 1997 ”, substitute “section 110 of the Public Governance, Performance and Accountability Act 2013 ”.

294  Subsection 131A(1) (note)

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

295  Subsection 133(3) (note)

Repeal the note.

296  Section 201A

Insert:

officer , in relation to a representative body that is registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 , has the same meaning as in that Act.

297  Subsection 203CB(2)

Repeal the subsection, substitute:

Investment

             (2)  The representative body may invest money received by it under this Division if:

                     (a)  the money is not immediately required for the purposes of the body; and

                     (b)  the money is invested:

                              (i)  on deposit with a bank, including a deposit evidenced by a certificate of deposit; or

                             (ii)  in securities of, or securities guaranteed by, the Commonwealth, a State or a Territory; or

                            (iii)  in any other manner approved by the Finance Minister in writing.

298  Subsection 203CB(2A)

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)”.

299  Subsection 203CB(4)

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

             (4)  In this section:

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

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

300  Subsection 203EA(2)

Repeal the subsection.

301  Subsection 203EA(3)

Repeal the subsection, substitute:

             (3)  A director of the representative body who has a material personal interest in a matter that is being considered by the body’s governing body:

                     (a)  must not be present during any deliberation by the governing body on the matter; and

                     (b)  must not take part in any decision of the governing body on the matter.

             (4)  However, a contravention of this provision does not affect the validity of any resolution.

             (5)  Subsection (3) applies instead of any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 which deal with the consequences of having a material personal interest in a matter that is being considered at a meeting of a governing body.

             (6)  To avoid doubt, this section does not otherwise affect the obligations imposed by the Public Governance, Performance and Accountability Act 2013 or any rules made for the purposes of that Act on a representative body that is a Commonwealth entity (within the meaning of that Act).

302  Subsection 203EB(2)

Repeal the subsection (including the note), substitute:

Power to indemnify officers

             (2)  Except as provided in this section, a representative body may indemnify a person who is or has been an officer of the body from any liability incurred by the person as an officer of the body.

Exemptions not allowed

             (3)  A representative body, or a subsidiary of a representative body, must not exempt a person (whether directly or through an interposed entity) from a liability to the body incurred as an officer of the body.

When indemnity for liability (other than for legal costs) not allowed

             (4)  A representative body, or a subsidiary of a representative body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against any of the following liabilities incurred as an officer of the body:

                     (a)  a liability owed to the body or a subsidiary of the body;

                     (b)  a liability for:

                              (i)  a civil penalty order under section 386-10 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

                             (ii)  a compensation order under section 386-15 of that Act;

                            made in relation to a breach of subsection 265-1(1), 265-5(1) or (2), 265-10(1) or (2) or 265-15(1) or (2) of that Act;

                     (c)  a liability that is owed to someone other than the body or a subsidiary of the body and did not arise out of conduct in good faith.

This subsection does not apply to a liability for legal costs.

When indemnity for legal costs not allowed

             (5)  A representative body, or a subsidiary of a representative body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against legal costs incurred in defending an action for a liability incurred as an officer of the body if the costs are incurred:

                     (a)  in defending or resisting a proceedings in which the person is found to have a liability for which they could not be indemnified under subsection (4) of this section; or

                     (b)  in defending or resisting criminal proceedings in which the person is found guilty; or

                     (c)  in defending or resisting proceedings brought by the Registrar of Aboriginal and Torres Strait Islander Corporations under section 386-20 or subsection 386-55(8) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 for a court order if the grounds for making the order are found by the court to have been established; or

                     (d)  in connection with proceedings for relief to the person under section 386-60 of that Act against an application under section 386-20 of that Act, or for relief to the person under section 576-1 of that Act, in which the Court denies the relief.

Paragraph (c) does not apply to costs incurred in responding to actions taken by the Registrar of Aboriginal and Torres Strait Islander Corporations as part of an investigation before commencing proceedings for the court order.

             (6)  For the purposes of subsection (5), the outcome of proceedings is the outcome of the proceedings and any appeal in relation to the proceedings.

Insurance for certain liabilities of officers

             (7)  Except as provided in subsection (8), a representative body may insure a person who is or has been an officer against liabilities incurred by the person as an officer.

             (8)  A representative body, or a subsidiary of a representative body, must not pay, or agree to pay, a premium for a contract insuring a person who is, or has been, an officer of the body against a liability (other than one for legal costs) arising out of:

                     (a)  conduct involving a wilful breach of duty in relation to the body; or

                     (b)  a contravention of sections 265-10 and 265-15 respectively of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .

This section applies to a premium whether it is paid directly or through an interposed entity.

Penalty:  5 penalty units.

             (9)  An offence based on subsection (8) is an offence of strict liability.

Note:          For strict liability, see section 6.1 of the Criminal Code .

Certain indemnities, exemptions, payments and agreements not authorised and certain documents void

           (10)  This section does not authorise anything that would otherwise be unlawful.

           (11)  Anything that purports to indemnify or insure a person against a liability or exempt them from a liability is void to the extent that it contravenes this section.

303  Section 203EC

Repeal the section.

Natural Heritage Trust of Australia Act 1997

304  Section 5

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 ”.

305  Subsection 6(1) (note)

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

306  Subsection 6(7)

Repeal the subsection.

307  Section 54 (definition of Finance Minister )

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

Natural Resources Management (Financial Assistance) Act 1992

308  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 ”.

309  Subsection 11(4) (note)

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

310  Subsection 12(1)

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

Navigation Act 2012

311  Subsection 14(1) (subparagraph (a)(i) of the definition of agency )

Repeal the subparagraph, substitute:

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

Norfolk Island Act 1979

312  Subsection 4(1) (definition of Commonwealth Finance Minister )

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

313  Subsection 50D(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)”.

Northern Territory (Lessees’ Loans Guarantee) Act 1954

314  Subsection 4(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)”.

315  Subsection 4(5) (definition of Finance Minister )

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

Northern Territory (Self-Government) Act 1978

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

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