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Bill
- Schedule 1—Application provisions for and amendments of the PGPA Act
- Schedule 2—Amendment of the Financial Management and Accountability Act 1997
- Schedule 3—Repeal of the Commonwealth Authorities and Companies Act 1997
- Schedule 4—Auditor-General Act 1997 and related amendments
- Schedule 5—Corporate status of bodies
- Schedule 6—Listed entities
- Schedule 7—Amendments of Acts starting with A
- Schedule 8—Amendments of Acts starting with B to E
- Schedule 9—Amendments of Acts starting with F to L
- Schedule 10—Amendments of Acts starting with M or N
- Schedule 11—Amendments of Acts starting with O to R
- Schedule 12—Amendments of Acts starting with S to W
- Schedule 13—Contingent amendments
- Schedule 14—Other transitional and application provisions
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
As passed by both Houses
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Bill 2014
No. , 2014
A Bill for an Act to amend the law relating to the governance, performance and accountability of, and the use and management of resources by, the Commonwealth, Commonwealth entities and Commonwealth companies, and to deal with consequential and transitional matters in connection with the Public Governance, Performance and Accountability Act 2013 , and for other purposes
Contents
1............ Short title............................................................................................. 2
2............ Commencement................................................................................... 2
3............ Schedule(s)......................................................................................... 5
4............ Definitions.......................................................................................... 5
Schedule 1—Application provisions for and amendments of the PGPA Act 6
Part 1—Delayed application of certain provisions of Parts 2-3 and 3-2 of the PGPA Act 6
Part 2—Other application provisions 8
Part 3—Amendments 11
Public Governance, Performance and Accountability Act 2013 11
Schedule 2—Amendment of the Financial Management and Accountability Act 1997 12
Part 1—Amendments 12
Financial Management and Accountability Act 1997 12
Part 2—Transitional and application provisions 19
Division 1—Transitional and application provisions 19
Division 2—Continuation of instruments 28
Schedule 3—Repeal of the Commonwealth Authorities and Companies Act 1997 30
Part 1—Repeal 30
Commonwealth Authorities and Companies Act 1997 30
Part 2—Transitional and application provisions 31
Schedule 4—Auditor-General Act 1997 and related amendments 36
Part 1—Amendments 36
Auditor-General Act 1997 36
Norfolk Island Act 1979 51
Public Accounts and Audit Committee Act 1951 51
Part 2—Application provisions 52
Schedule 5—Corporate status of bodies 54
Part 1—Bodies ceasing to be bodies corporate 54
Australian Communications and Media Authority Act 2005 54
Fisheries Administration Act 1991 55
Great Barrier Reef Marine Park Act 1975 56
National Environment Protection Council Act 1994 58
Telecommunications Universal Service Management Agency Act 2012 62
Part 2—Transitional provisions for bodies ceasing to be bodies corporate 64
Division 1—Introduction 64
Division 2—General transitional provisions 65
Division 3—Miscellaneous 67
Part 3—APVMA continuing as a body corporate 69
Agricultural and Veterinary Chemicals (Administration) Act 1992 69
Part 4—Other bodies continuing as bodies corporate 72
Australian Human Rights Commission Act 1986 72
National Health Reform Act 2011 73
Offshore Petroleum and Greenhouse Gas Storage Act 2006 76
Water Act 2007 80
Part 5—Transitional provisions for bodies continuing as bodies corporate 84
Division 1—Introduction 84
Division 2—General transitional provisions 85
Division 3—Miscellaneous 89
Part 6—Bodies corporate treated as non-corporate for the purposes of the finance law 91
Australian Prudential Regulation Authority Act 1998 91
Australian Securities and Investments Commission Act 2001 91
Competition and Consumer Act 2010 91
Schedule 6—Listed entities 93
Administrative Appeals Tribunal Act 1975 93
Archives Act 1983 93
Asbestos Safety and Eradication Agency Act 2013 94
Auditor-General Act 1997 95
Australian Aged Care Quality Agency Act 2013 95
Australian Bureau of Statistics Act 1975 96
Australian Capital Territory (Planning and Land Management) Act 1988 97
Australian Centre for International Agricultural Research Act 1982 97
Australian Communications and Media Authority Act 2005 99
Australian Crime Commission Act 2002 99
Australian Federal Police Act 1979 100
Australian Information Commissioner Act 2010 100
Australian Law Reform Commission Act 1996 101
Australian Organ and Tissue Donation and Transplantation Authority Act 2008 101
Australian Prudential Regulation Authority Act 1998 102
Australian Radiation Protection and Nuclear Safety Act 1998 103
Australian Research Council Act 2001 104
Australian Securities and Investments Commission Act 2001 104
Australian Sports Anti-Doping Authority Act 2006 105
Australian Trade Commission Act 1985 106
Bankruptcy Act 1966 106
Cancer Australia Act 2006 107
Commonwealth Electoral Act 1918 108
Commonwealth Grants Commission Act 1973 108
Competition and Consumer Act 2010 109
ComSuper Act 2011 110
Criminology Research Act 1971 110
Customs Administration Act 1985 111
Director of Public Prosecutions Act 1983 112
Fair Work Act 2009 112
Family Law Act 1975 113
Federal Court of Australia Act 1976 114
Fisheries Administration Act 1991 115
Future Fund Act 2006 116
Governor-General Act 1974 116
Great Barrier Reef Marine Park Act 1975 117
Health Insurance Act 1973 117
Inspector-General of Intelligence and Security Act 1986 118
Inspector-General of Taxation Act 2003 119
Intelligence Services Act 2001 119
Law Enforcement Integrity Commissioner Act 2006 120
Meteorology Act 1955 120
National Blood Authority Act 2003 121
National Health and Medical Research Council Act 1992 121
National Health Reform Act 2011 122
National Vocational Education and Training Regulator Act 2011 123
National Water Commission Act 2004 123
Office of National Assessments Act 1977 124
Ombudsman Act 1976 125
Parliamentary Counsel Act 1970 125
Private Health Insurance Act 2007 126
Productivity Commission Act 1998 126
Safe Work Australia Act 2008 127
Telecommunications Universal Service Management Agency Act 2012 128
Tertiary Education Quality and Standards Agency Act 2011 128
Transport Safety Investigation Act 2003 129
Workplace Gender Equality Act 2012 129
Schedule 7—Amendments of Acts starting with A 131
Aboriginal and Torres Strait Islander Act 2005 131
Aboriginal Land Grant (Jervis Bay Territory) Act 1986 138
Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 139
Aboriginal Land Rights (Northern Territory) Act 1976 140
Administrative Appeals Tribunal Act 1975 143
Administrative Decisions (Judicial Review) Act 1977 144
Aged Care (Bond Security) Act 2006 144
Agricultural and Veterinary Chemicals (Administration) Act 1992 144
Aircraft Noise Levy Collection Act 1995 148
Airports (Transitional) Act 1996 148
Air Services Act 1995 148
Albury-Wodonga Development Act 1973 151
A New Tax System (Australian Business Number) Act 1999 152
A New Tax System (Luxury Car Tax) Act 1999 152
A New Tax System (Wine Equalisation Tax) Act 1999 153
Archives Act 1983 153
Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 153
Asbestos Safety and Eradication Agency Act 2013 154
Australia Council Act 2013 156
Australian Aged Care Quality Agency Act 2013 160
Australian Broadcasting Corporation Act 1983 161
Australian Bureau of Statistics Act 1975 164
Australian Capital Territory (Planning and Land Management) Act 1988 165
Australian Capital Territory (Self-Government) Act 1988 165
Australian Centre for International Agricultural Research Act 1982 166
Australian Civilian Corps Act 2011 167
Australian Communications and Media Authority Act 2005 167
Australian Crime Commission Act 2002 171
Australian Curriculum, Assessment and Reporting Authority Act 2008 173
Australian Federal Police Act 1979 175
Australian Film, Television and Radio School Act 1973 176
Australian Hearing Services Act 1991 177
Australian Human Rights Commission Act 1986 179
Australian Information Commissioner Act 2010 181
Australian Institute of Aboriginal and Torres Strait Islander Studies Act 1989 182
Australian Institute of Health and Welfare Act 1987 183
Australian Institute of Marine Science Act 1972 185
Australian Law Reform Commission Act 1996 187
Australian Maritime Safety Authority Act 1990 188
Australian National Maritime Museum Act 1990 190
Australian National University Act 1991 194
Australian Nuclear Science and Technology Organisation Act 1987 196
Australian Organ and Tissue Donation and Transplantation Authority Act 2008 198
Australian Passports Act 2005 200
Australian Postal Corporation Act 1989 200
Australian Prudential Regulation Authority Act 1998 205
Australian Radiation Protection and Nuclear Safety Act 1998 207
Australian Research Council Act 2001 208
Australian Security Intelligence Organisation Act 1979 211
Australian Sports Anti-Doping Authority Act 2006 213
Australian Sports Commission Act 1989 216
Australian Trade Commission Act 1985 219
Australian War Memorial Act 1980 220
Autonomous Sanctions Act 2011 222
Schedule 8—Amendments of Acts starting with B to E 223
Banking Act 1959 223
Bankruptcy Act 1966 224
Cancer Australia Act 2006 225
Charter of Budget Honesty Act 1998 226
Charter of the United Nations Act 1945 226
Child Support (Registration and Collection) Act 1988 226
Civil Aviation Act 1988 227
Classification (Publications, Films and Computer Games) Act 1995 230
COAG Reform Fund Act 2008 231
Coal Mining Industry (Long Service Leave) Administration Act 1992 231
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992 232
Coastal Trading (Revitalising Australian Shipping) Act 2012 233
Commonwealth Electoral Act 1918 233
Commonwealth Inscribed Stock Act 1911 235
Commonwealth Places (Application of Laws) Act 1970 235
Commonwealth Places (Mirror Taxes) Act 1998 235
ComSuper Act 2011 235
Corporations (Aboriginal and Torres Strait Islander) Act 2006 237
Crimes (Superannuation Benefits) Act 1989 238
Criminology Research Act 1971 238
CSL Sale Act 1993 239
Customs Act 1901 239
Customs Administration Act 1985 240
Dairy Produce Act 1986 240
Defence Act 1903 241
Defence Force Discipline Appeals Act 1955 241
Defence Force Retirement and Death Benefits Act 1973 241
Defence Forces Retirement Benefits Act 1948 242
Defence Forces Retirement Benefits (Pension Increases) Act 1967 242
Defence Home Ownership Assistance Scheme Act 2008 242
Defence Housing Australia Act 1987 243
Defence Reserve Service (Protection) Act 2001 244
Defence Service Homes Act 1918 245
Defence Trade Controls Act 2012 245
Director of Public Prosecutions Act 1983 245
DisabilityCare Australia Fund Act 2013 246
Early Years Quality Fund Special Account Act 2013 247
Education Services for Overseas Students Act 2000 248
Environment Protection and Biodiversity Conservation Act 1999 248
Excise Act 1901 251
Export Finance and Insurance Corporation Act 1991 251
Schedule 9—Amendments of Acts starting with F to L 254
Fair Entitlements Guarantee Act 2012 254
Fair Work Act 2009 254
Family Law Act 1975 255
Federal Circuit Court of Australia Act 1999 257
Federal Court of Australia Act 1976 257
Federal Financial Relations Act 2009 258
Financial Agreement Act 1994 260
Fisheries Administration Act 1991 260
Food Standards Australia New Zealand Act 1991 265
Foreign Passports (Law Enforcement and Security) Act 2005 268
Freedom of Information Act 1982 269
Fringe Benefits Tax (Application to the Commonwealth) Act 1986 269
Future Fund Act 2006 269
Gene Technology Act 2000 273
Governance of Australian Government Superannuation Schemes Act 2011 274
Governor-General Act 1974 277
Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Act 2013 277
Great Barrier Reef Marine Park Act 1975 277
Health Insurance Act 1973 281
Health Insurance Commission (Reform and Separation of Functions) Act 1997 281
High Court of Australia Act 1979 281
Immigration (Education) Charge Act 1992 282
Indigenous Education (Targeted Assistance) Act 2000 282
Industrial Chemicals (Notification and Assessment) Act 1989 282
Inspector-General of Intelligence and Security Act 1986 282
Inspector-General of Taxation Act 2003 284
Insurance Act 1973 285
Intelligence Services Act 2001 286
Interstate Road Transport Act 1985 286
Judges’ Pensions Act 1968 286
Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012 287
Judiciary Act 1903 287
Lands Acquisition Act 1989 288
Law Enforcement Integrity Commissioner Act 2006 289
Legislative Instruments Act 2003 291
Life Insurance Act 1995 292
Loans Securities Act 1919 292
Local Government (Financial Assistance) Act 1995 292
Schedule 10—Amendments of Acts starting with M or N 293
Marine Safety (Domestic Commercial Vessel) National Law Act 2012 293
Medibank Private Sale Act 2006 293
Medical Indemnity Act 2002 294
Members of Parliament (Staff) Act 1984 294
Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 294
Military Rehabilitation and Compensation Act 2004 294
Military Superannuation and Benefits Act 1991 295
Moomba-Sydney Pipeline System Sale Act 1994 296
National Blood Authority Act 2003 296
National Broadband Network Companies Act 2011 297
National Cattle Disease Eradication Account Act 1991 298
National Consumer Credit Protection Act 2009 299
National Disability Insurance Scheme Act 2013 299
National Film and Sound Archive of Australia Act 2008 303
National Gallery Act 1975 306
National Health Act 1953 308
National Health and Medical Research Council Act 1992 308
National Health Reform Act 2011 312
National Library Act 1960 320
National Museum of Australia Act 1980 322
National Portrait Gallery of Australia Act 2012 324
National Radioactive Waste Management Act 2012 327
National Residue Survey Administration Act 1992 327
National Transport Commission Act 2003 328
National Vocational Education and Training Regulator Act 2011 331
National Water Commission Act 2004 335
Nation-building Funds Act 2008 337
Native Title Act 1993 347
Natural Heritage Trust of Australia Act 1997 352
Natural Resources Management (Financial Assistance) Act 1992 353
Navigation Act 2012 353
Norfolk Island Act 1979 353
Northern Territory (Lessees’ Loans Guarantee) Act 1954 354
Northern Territory (Self-Government) Act 1978 354
Schedule 11—Amendments of Acts starting with O to R 355
Office of National Assessments Act 1977 355
Offshore Petroleum and Greenhouse Gas Storage Act 2006 355
Ombudsman Act 1976 358
Paid Parental Leave Act 2010 365
Papua New Guinea (Staffing Assistance) Act 1973 365
Parliamentary Contributory Superannuation Act 1948 366
Parliamentary Counsel Act 1970 366
Parliamentary Service Act 1999 366
Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 368
Primary Industries Levies and Charges Collection Act 1991 369
Primary Industries Research and Development Act 1989 369
Private Health Insurance Act 2007 371
Proceeds of Crime Act 1987 374
Proceeds of Crime Act 2002 374
Productivity Commission Act 1998 374
Protection of Movable Cultural Heritage Act 1986 376
Public Accounts and Audit Committee Act 1951 377
Public Interest Disclosure Act 2013 377
Public Service Act 1999 378
Quarantine Act 1908 380
Quarantine Charges (Collection) Act 2014 380
Remuneration Tribunal Act 1973 380
Research Involving Human Embryos Act 2002 385
Reserve Bank Act 1959 385
Road Safety Remuneration Act 2012 389
Royal Australian Air Force Veterans’ Residences Act 1953 389
Royal Commissions Act 1902 390
Schedule 12—Amendments of Acts starting with S to W 391
Safety, Rehabilitation and Compensation Act 1988 391
Safe Work Australia Act 2008 395
Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 402
Science and Industry Research Act 1949 403
Screen Australia Act 2008 405
Seafarers Rehabilitation and Compensation Act 1992 408
Services Trust Funds Act 1947 409
Skilling Australia’s Workforce Act 2005 410
Small Superannuation Accounts Act 1995 410
Snowy Hydro Corporatisation Act 1997 411
Snowy Mountains Engineering Corporation Limited Sale Act 1993 412
Social and Community Services Pay Equity Special Account Act 2012 412
Special Broadcasting Service Act 1991 412
Superannuation Act 1976 416
Superannuation Act 1990 417
Superannuation Industry (Supervision) Act 1993 417
Superannuation (Pension Increases) Act 1971 418
Superannuation (Productivity Benefit) Act 1988 418
Superannuation (Unclaimed Money and Lost Members) Act 1999 418
Sydney Harbour Federation Trust Act 2001 419
Taxation Administration Act 1953 421
Telecommunications Act 1997 421
Telecommunications (Consumer Protection and Service Standards) Act 1999 421
Telecommunications Universal Service Management Agency Act 2012 422
Telstra Corporation Act 1991 424
Terrorism Insurance Act 2003 425
Tertiary Education Quality and Standards Agency Act 2011 425
Therapeutic Goods Act 1989 428
Tourism Australia Act 2004 428
Transport Safety Investigation Act 2003 431
Uranium Royalty (Northern Territory) Act 2009 432
Veterans’ Entitlements Act 1986 432
Water Act 2007 434
Water Efficiency Labelling and Standards Act 2005 438
Work Health and Safety Act 2011 438
Workplace Gender Equality Act 2012 439
Schedule 13—Contingent amendments 442
Part 1—Agricultural and Veterinary Chemicals legislation 442
Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 442
Agricultural and Veterinary Chemicals (Administration) Act 1992 442
Agricultural and Veterinary Chemicals Code Act 1994 443
Part 2—Antarctic Treaty (Environment Protection) Act 1980 445
Antarctic Treaty (Environment Protection) Act 1980 445
Part 3—Australian Grape and Wine Authority Act 2013 446
Australian Grape and Wine Authority Act 2013 446
Part 4—Offshore Petroleum and Greenhouse Gas Storage Act 2006 450
Division 1—First compliance measures Act has not commenced 450
Offshore Petroleum and Greenhouse Gas Storage Act 2006 450
Division 2—First compliance measures Act has commenced 450
Offshore Petroleum and Greenhouse Gas Storage Act 2006 450
Division 3—Second compliance measures Act has commenced 453
Offshore Petroleum and Greenhouse Gas Storage Act 2006 453
Part 5—Wheat Export Marketing Act 2008 454
Wheat Export Marketing Act 2008 454
Schedule 14—Other transitional and application provisions 455
A Bill for an Act to amend the law relating to the governance, performance and accountability of, and the use and management of resources by, the Commonwealth, Commonwealth entities and Commonwealth companies, and to deal with consequential and transitional matters in connection with the Public Governance, Performance and Accountability Act 2013 , and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
In this Act:
CAC Act means the Commonwealth Authorities and Companies Act 1997 , as in force immediately before the commencement time.
commencement time means immediately after the commencement of section 6 of the PGPA Act.
FMA Act means the Financial Management and Accountability Act 1997 , as in force immediately before the commencement time.
PGPA Act means the Public Governance, Performance and Accountability Act 2013 .
reporting period has the meaning given by the PGPA Act.