Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Bill 2014

Schedule 13 Contingent amendments

Part 1 Agricultural and Veterinary Chemicals legislation

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

1  Subsection 3(1) (definition of Agency )

Repeal the definition, substitute:

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

2  Section 38D

Repeal the section, substitute:

38D   Costs and expenses of collecting agency

                   If an Agency is specified by instrument under section 3A to be the collecting agency, the APVMA must pay the Agency for the costs and expenses incurred by the Agency in relation to collecting levy, late payment penalty or understatement penalty under this Act.

Agricultural and Veterinary Chemicals (Administration) Act 1992

3  Section 61

Repeal the section, substitute:

61   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 particulars of:

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

                     (b)  an evaluation of the APVMA’s overall performance during that period against:

                              (i)  the performance indicators set out in the annual operational plan for that period; and

                             (ii)  the performance indicators (if any) prescribed by the regulations for the purposes of this subparagraph; and

                     (c)  any exercise of powers under section 131AA of the Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 during that period; and

                     (d)  variations (if any) of the annual operational plan taking effect during that period; and

                     (e)  significant purchases and disposals of real property by the APVMA during that period; and

                      (f)  any directions given to the APVMA by the Minister during that period to which subsection 10(3) applies and the impact of the directions on the operations of the APVMA.

4  Subparagraph 69EGB(2)(b)(i)

Omit “Commonwealth”, substitute “APVMA”.

Agricultural and Veterinary Chemicals Code Act 1994

5  Subparagraph 140(1A)(b)(i) of the Code set out in the Schedule

Omit “Commonwealth”, substitute “APVMA”.

6  Paragraphs 145H(9)(a) and (b) of the Code set out in the Schedule

Omit “, on behalf of the Commonwealth,”.

7  Paragraph 145H(9)(b) of the Code set out in the Schedule

Omit “debt due to the Commonwealth”, substitute “debt due to the APVMA”.

8  Subsection 149A(2) of the Code set out in the Schedule

Omit “, on behalf of the Commonwealth,”.

Part 2 Antarctic Treaty (Environment Protection) Act 1980

Antarctic Treaty (Environment Protection) Act 1980

9  Subsection 13CJ(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 ”.

10  Section 13CK (note)

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

11  Section 13CL (note)

Repeal the note, substitute:

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

Part 3 Australian Grape and Wine Authority Act 2013

Australian Grape and Wine Authority Act 2013

12  Subsection 12(1) (note)

Repeal the note, substitute:

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

13  Section 19

Repeal the section, substitute:

19   Disclosure of interests

                   For the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), a director who is a grape grower or a winemaker is not taken to have a material personal interest that relates to the affairs of the Authority by reason only of being a grape grower or a winemaker.

14  Paragraph 23(2)(b)

Repeal the paragraph.

15  At the end of subsection 23(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).

16  Paragraph 26A(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 ”.

17  Subsection 31(1) (note)

Omit “Note”, substitute “Note 1”.

18  At the end of subsection 31(1)

Add:

Note 2:       The Authority is not required to give a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 (see subsection (13) of this section).

19  At the end of section 31

Add:

           (13)  Section 35 of the Public Governance, Performance and Accountability Act 2013 (which deals with corporate plans) does not apply to the Authority.

20  Subsection 31K(1)

Repeal the subsection, substitute:

             (1)  Except as provided by this section and the Public Governance, Performance and Accountability Act 2013 , the Authority is not subject to direction by or on behalf of the Australian Government.

21  Subsection 35(2)

Repeal the subsection, substitute:

             (2)  Subsections (1) and (1A) 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 Authority.

22  Section 38

Repeal the section, substitute:

38   Annual report

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

                     (a)  include a report on the operations of the Geographical Indications Committee during the period; and

                     (b)  set out all final determinations of geographical indications, and translations of such indications, made by the Committee during the period; and

                     (c)  include particulars of:

                              (i)  the grape or wine research and development activities that the Authority coordinated or funded, wholly or partly, during the period; and

                             (ii)  the amount that the Authority spent during the period in relation to each of those activities; and

                            (iii)  which (if any) of those activities related to ecologically sustainable development; and

                            (iv)  the impact of those activities on the grape industry and the wine industry; and

                             (v)  the entering into of agreements under section 10A during the period, and the Authority’s activities during the period in relation to agreements entered into under that section during or before the period; and

                            (vi)  the entering into of agreements under section 10B during the period, and the Authority’s activities during the period in relation to agreements entered into under that section during or before the period; and

                           (vii)  the making of grants under section 10C during the period; and

                          (viii)  the Authority’s activities during the period in relation to applying for patents for inventions, commercially exploiting patented inventions and granting licences under patented inventions; and

                            (ix)  the activities of any companies in which the Authority has an interest; and

                             (x)  any activities relating to the formation of a company; and

                            (xi)  significant acquisitions and dispositions of real property by the Authority during the period; and

                     (d)  include an assessment of the extent to which the Authority’s operations during the period have:

                              (i)  achieved the Authority’s objectives as stated in its corporate plan; and

                             (ii)  implemented the annual operational plan applicable to the period; and

                     (e)  include an assessment of the extent to which the Authority has, during the period, contributed to the attainment of the objects of this Act as set out in section 3.

             (2)  The annual report must be published on the Authority’s website as soon as practicable after the report is tabled in the House of Representatives.

23  Subsection 38A(1)

Omit “the report prepared by the directors under section 9 of the Commonwealth Authorities and Companies Act 1997 on the operations of the Authority for a period has been given to the responsible Minister (within the meaning of that section),”, substitute “the annual report mentioned in section 38 has been given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ,”.

24  Clause 12 of the Schedule

Omit “in relation to that year under section 9 of the Commonwealth Authorities and Companies Act 1997 ”, substitute “under section 46 of the Public Governance, Performance and Accountability Act 2013 in relation to the period that includes the year”.

Part 4 Offshore Petroleum and Greenhouse Gas Storage Act 2006

Division 1—First compliance measures Act has not commenced

Offshore Petroleum and Greenhouse Gas Storage Act 2006

25  Subsection 600(7)

Omit all the words after “an amount worked out in accordance with the determination”, substitute:

is to be debited from the National Offshore Petroleum Titles Administrator Special Account on a day worked out in accordance with the determination.

Note:          The Commonwealth must pay a corresponding amount to NOPSEMA (see paragraph 682(1)(aa)).

26  After paragraph 682(1)(a)

Insert:

                    (aa)  amounts debited from the National Offshore Petroleum Titles Administrator Special Account under subsection 600(7) (about petroleum project inspectors); and

27  Subsections 682(4) and (6)

Omit “(1)(b)”, substitute “(1)(aa)”.

Division 2—First compliance measures Act has commenced

Offshore Petroleum and Greenhouse Gas Storage Act 2006

28  Subsection 602B(2)

Omit all the words after “on a day worked out in accordance with the determination,”, substitute:

to be debited from the National Offshore Petroleum Titles Administrator Special Account.

Note:          The Commonwealth must pay a corresponding amount to NOPSEMA (see paragraph 682(1)(b)).

29  Section 682

Repeal the section, substitute:

682   Commonwealth payments to NOPSEMA

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

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

                     (b)  amounts debited from the National Offshore Petroleum Titles Administrator Special Account under subsection 602B(2) (about NOPSEMA inspectors); and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

             (7)  In this section:

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

Division 3—Second compliance measures Act has commenced

Offshore Petroleum and Greenhouse Gas Storage Act 2006

30  Subsection 611L(6)

Repeal the subsection, substitute:

             (6)  If NOPSEMA takes one or more actions under subsection (4) or an order under subsection (5), NOPSEMA is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to NOPSEMA.

          (6A)  If the Titles Administrator takes one or more actions under subsection (4) or an order under subsection (5), the Titles Administrator is entitled to recover from the body, by action in a court, an amount in relation to the reasonable expenses of taking the actions as a debt due to the Titles Administrator on behalf of the Commonwealth.

Part 5 Wheat Export Marketing Act 2008

Wheat Export Marketing Act 2008

31  Subsection 58(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 ”.

32  Section 59 (note)

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

33  Section 60 (note)

Repeal the note, substitute:

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