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

Schedule 14 Other transitional and application provisions

   

1  Corporate and strategic plans

An amendment made by an item of Schedules 7 to 13 to this Act that relates to a corporate plan or a strategic plan (however described) applies in relation to reporting periods that commence on or after 1 July 2015.

2  Annual reports

An amendment made by an item of Schedules 7 to 13 to this Act that relates to an annual report applies in relation to reporting periods that commence at or after the commencement time.

3  Disclosing interests

(1)       This item applies (subject to subitem (3)) if:

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

                     (b)  the provision is:

                              (i)  amended; or

                             (ii)  repealed; or

                            (iii)  repealed and substituted;

                            by an item of Schedules 7 to 13 to this Act.

(2)       The person is taken to have disclosed the interest in accordance with section 29 of the PGPA Act and rules made for the purposes of that section.

(3)       This item does not apply in relation to amendments or repeals of provisions of the following Acts:

                     (a)  the Administrative Appeals Tribunal Act 1975 ;

                     (b)  the Fair Work Act 2009 ;

                     (c)  the Family Law Act 1975 ;

                     (d)  the Federal Circuit Court of Australia Act 1999 ;

                     (e)  the Federal Court of Australia Act 1976 ;

                      (f)  the Native Title Act 1993 .

4  Saving instruments in force at commencement time

(1)       This item applies if:

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

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

                     (c)  the provision is:

                              (i)  amended; or

                             (ii)  repealed and substituted;

                            by an item of Schedules 7 to 13 to this Act; and

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

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

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

5  Amendments to legislative instruments

Despite subsections 12(2) and (3) of the Legislative Instruments Act 2003 , if:

                     (a)  a legislative instrument (the amending instrument ) is made under an Act (the enabling Act ); and

                     (b)  the amending instrument amends another legislative instrument made under the enabling Act; and

                     (c)  the amendment is consequential on:

                              (i)  the amendments or repeals made by this Act; or

                             (ii)  the enactment of this Act or the PGPA Act;

the amending instrument may be expressed to take effect from a date before the amending instrument is registered under the enabling Act.

6  Transitional rules

(1)       The Finance Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the rules; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)       In particular, for paragraph (1)(a), rules may be made prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

                     (a)  the amendments or repeals made by this Act; or

                     (b)  the enactment of this Act or the PGPA Act.

(3)       Rules made for the purposes of this item may provide that, in or in relation to the first reporting period that commences at or after the commencement time, this Act, the PGPA Act or any other Act has effect with any modifications prescribed by the rules.

(4)       This Act does not limit the rules that may be made under this item.

(128/14)