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Part 3—Miscellaneous

Part 3 Miscellaneous


17   Simplified outline of this Part

This Part contains miscellaneous provisions, including an appropriation of the Consolidated Revenue Fund, delegation of the Minister’s powers under this Act, reporting on the operation of this Act, and conducting a review of the operation of this Act.

This Part also contains the general rule-making power.

18   Appropriation of Consolidated Revenue Fund

             (1)  The Consolidated Revenue Fund is appropriated to the extent of $100 million for the following purposes:

                     (a)  paying the costs of, or incidental to, the Commonwealth’s participation in the formation of the Fund under section 10;

                     (b)  paying the costs of, or incidental to, the acquisition by the Commonwealth of shares (either by purchase or subscription) in the Fund under section 10;

                     (c)  paying the costs of, or incidental to, the acquisition by the Commonwealth of debentures (either by purchase or subscription) of the Fund under section 10;

                     (d)  paying amounts payable by the Commonwealth under an arrangement made under section 11;

                     (e)  paying or discharging any other costs, expenses or other obligations incurred by the Commonwealth exclusively in connection with the Fund.

             (2)  If no amount has been debited against the appropriation set out in subsection (1) by the end of the period of 2 years beginning on the day this Act commences, the appropriation ceases to have effect for any purpose at the end of that period.

19   Delegations by the Minister

             (1)  The Minister may, by writt en instrument, delegate all or any of the Minister’s powers or functions under this Act (other than the Minister’s powers under section 22) to:

                     (a)  the Secretary of the Department; or

                     (b)  an S ES employee, or an acting SES employee, in the Department.

Note:          The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .

             (2)  In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.

20   Annual report

                   The annual report prepared by the Secretary of the Department and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the operation of this Act during the period.

21   Review of operation of this Act

             (1)  The Minister must cause a review of the operation of this Act to be undertaken as soon as possible after the third anniversary of the commencement of this Act.

             (2)  The review must include a review of the effectiveness of this Act in meeting the object of this Act.

             (3)  The persons undertaking the review must give the Minister a written report of the review.

             (4)  The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

22   Rules

             (1)  The 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)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  directly amend the text of this Act.