Contents
Part 1—Preliminary 2
1............ Short title............................................................................................. 2
2............ Commencement................................................................................... 2
3............ Objects................................................................................................ 2
4............ Definitions.......................................................................................... 2
Part 2—United Nations targets for official development assistance 4
5............ Targets for official development assistance—up to and including 2020‑21 financial year 4
6............ Annual statement................................................................................. 4
7............ United Nation’s Millennium Development Goals............................... 5
Part 3—Independent Commissioner on Aid Effectiveness 6
8............ Establishment of role of Commissioner.............................................. 6
9............ Commissioner has privileges and immunities of the Crown............... 6
10.......... Functions of the Commissioner.......................................................... 6
11.......... Reports to be tabled in Parliament....................................................... 7
12.......... Appointment....................................................................................... 7
13.......... Term of appointment........................................................................... 7
14.......... Acting Commissioner......................................................................... 7
15.......... Remuneration...................................................................................... 7
16.......... Leave of absence................................................................................. 8
17.......... Disclosure of interests to the Minister................................................. 8
18.......... Outside employment........................................................................... 8
19.......... Other terms and conditions................................................................. 8
20.......... Resignation......................................................................................... 8
21.......... Termination of appointment................................................................ 9
22.......... Delegation........................................................................................... 9
23.......... Staff.................................................................................................. 10
24.......... Consultants....................................................................................... 10
25.......... Annual report.................................................................................... 10
Part 4—Other amendment 12
26.......... Appropriation.................................................................................... 12
A Bill for an Act to require Australia to meet United Nations targets for official development assistance and to establish an Independent Commissioner on Aid Effectiveness, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Overseas Aid (Millennium Development Goals) Act 2013.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
3 Objects
The objects of this Act are to:
(a) ensure that Australia provides appropriate levels of official development assistance; and
(b) ensure that Australia meets the United Nations millennium development goal targets and any equivalent internationally agreed development goals to which Australia becomes a signatory; and
(c) require the Minister to provide the Parliament with an annual statement outlining the amount of Australia’s annual official development assistance; and
(d) if necessary, require the Minister to provide the Parliament with an explanation as to why Australia has failed to adequately implement the United Nations millennium development goal targets; and
(e) establish the Independent Commissioner on Aid Effectiveness for the purpose of considering the relevance, impact, value for money and sustainability of Australia’s development assistance.
4 Definitions
For the purposes of this Act:
climate finance means financial assistance provided by the Australian Government to the government of another country in accordance with agreements under the United Nations Framework Convention on Climate Change.
Commissioner means the role of the Independent Commissioner on Aid Effectiveness established by section 8.
excluded official development assistance means flows (within the meaning of that term as defined in the Organisation for Economic Co-operation and Development meaning of official development assistance) that are provided by the Australian Government for the purpose of providing:
(a) climate finance; or
(b) asylum seeker assistance in Australia; or
(c) assistance to another country if:
(i) the other country is a regional processing country for the purpose of section 198AB of the Migration Act 1958; and
(ii) the assistance is provided for the purpose of implementing Australia’s border security strategy; or
(c) military assistance.
Note: Assistance provided to another country for the purpose of operating an offshore detention centre for people who are unauthorised maritime arrivals in Australia is assistance that is covered by paragraph (c) of the definition.
official development assistance means flows (within the meaning of that term as defined in the Organisation for Economic Co-operation and Development meaning of official development assistance) that are provided by the Australian Government , but do not include excluded official development assistance.
Part 2—United Nations targets for official development assistance
5 Targets for official development assistance—up to and including 2020‑21 financial year
The Minister must ensure, in respect of each financial year referred to in column 1 of the table, that Australia provides official development assistance that is at least equal to the amount referred to in column 2 of the table.
| Column 1 | Column 2 |
| Financial year | Minimum amount of official development assistance to be provided |
| 2015‑16 | An amount equal to at least 0.5% of Australia’s gross national income for the year |
| 2016-17 | An amount equal to at least 0.54% of Australia’s gross national income for the year |
| 2017‑18 | An amount equal to at least 0.58% of Australia’s gross national income for the year |
| 2018‑19 | An amount equal to at least 0.62% of Australia’s gross national income for the year |
| 2019‑20 | An amount equal to at least 0.66% of Australia’s gross national income for the year |
| 2020‑21 and all later financial years | An amount equal to at least 0.7% of Australia’s gross national income for the year |
6 Annual statement
The Minister must, by 1 August each year, prepare, and table in both Houses of the Parliament, a report which provides details about:
(a) the amount of official development assistance provided by Australia during the previous financial year; and
(b) whether that official development assistance was sufficient to meet Australia’s international obligations in respect of the United Nations millennium development goal targets; and
(c) if the official development assistance is not sufficient to meet Australia’s international obligations in respect of the United Nations millennium development goal targets—the steps that are being taken to ensure that Australia meets those international obligations in future years.
7 United Nation’s Millennium Development Goals
In respect of each financial year starting on or after 1 July 2021, the Minister must ensure that Australia satisfies its international obligations in respect of the United Nation’s Millennium Development Goals or equivalent internationally agreed development goals to which Australia becomes a signatory.
Part 3—Independent Commissioner on Aid Effectiveness
8 Establishment of role of Commissioner
(1) There is to be an Independent Commissioner on Aid Effectiveness.
(2) The Commissioner has:
(a) the general administration of this Act; and
(b) the other powers and functions conferred or imposed on him or her by this Act or any other law.
Note: The expenditure of public money must comply with the requirements in the Financial Management and Accountability Act 1997.
9 Commissioner has privileges and immunities of the Crown
The Commissioner has the privileges and immunities of the Crown.
10 Functions of the Commissioner
The Commissioner’s functions are to:
(a) consider whether Australia’s official development assistance is effective in terms of Australia meeting the United Nations millennium development goal targets; and
(b) consider the relevance, impact, effectiveness, value for money and sustainability of Australia’s official development assistance; and
(c) consider any issue in connection with Australia’s official development assistance that the Commissioner considers relevant; and
(d) prepare reports on these issues for consideration by the Minister and Parliament; and
(e) prepare reports on any issue that the Minister requests the Commissioner to consider.
11 Reports to be tabled in Parliament
The Minister must cause a copy of each report prepared for the purposes of section 10 to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
12 Appointment
(1) The Commissioner is to be appointed by the Governor‑General by written instrument.
(2) The Commissioner is to be appointed on a full‑time basis.
13 Term of appointment
The Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
Note: The Commissioner is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901).
14 Acting Commissioner
The Minister may appoint an individual to act as the Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Commissioner is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules that apply to acting appointments.
15 Remuneration
(1) The Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed.
(2) The Commissioner is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
16 Leave of absence
(1) The Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
17 Disclosure of interests to the Minister
The Commissioner must give written notice to the Minister of all interests, pecuniary or otherwise, that the Commissioner has or acquires and that conflict or could conflict with the proper performance of the Commissioner’s functions.
18 Outside employment
The Commissioner must not engage in paid employment outside the duties of his or her office without the Minister’s approval.
19 Other terms and conditions
The Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
20 Resignation
(1) The Commissioner may resign his or her appointment by giving the Governor‑General a signed notice of resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
21 Termination of appointment
(1) The Governor‑General may terminate the appointment of the Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of the Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner fails, without reasonable excuse, to comply with section 17; or
(d) if the Commissioner engages, without the Minister’s approval, in paid employment outside the duties of his or her office (see section 18).
22 Delegation
(1) The Commissioner may, by instrument in writing, delegate any of the Commissioner’s powers or functions to an SES employee, or acting SES employee, who is a member of the staff assisting the Commissioner as mentioned in subsection 23(1).
(2) In exercising powers under a delegation, the delegate must comply with any written directions of the Commissioner.
Note: See section 34AAB of the Acts Interpretation Act 1901.
23 Staff
(1) The Minister may direct the staff of the Department to assist the Commissioner in carrying out his or her functions under this Act.
(2) The staff referred to in subsection (1) are to be persons engaged under the Public Service Act 1999 and made available for the purpose by the Minister’s Department.
(3) When performing services for the Commissioner under this section, a person is subject to the directions of the Commissioner.
24 Consultants
The Commissioner may, on behalf of the Commonwealth, engage consultants to assist in the performance of the Commissioner’s functions.
25 Annual report
Annual report to be given to Minister
(1) The Commissioner must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to the Parliament, a report on the Commissioner’s operations during that year.
Note: See also section 34C of the Acts Interpretation Act 1901, which contains provisions about annual reports.
Contents of annual report
(2) The Commissioner must include in the report:
(a) an evaluation of the Commissioner’s overall performance during the year; and
(b) details of the Commissioner’s functions and the information that the Commission has identified whilst carrying out those functions.
Annual report to be tabled in Parliament
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.
Part 4—Other amendment
26 Appropriation
Payments made for the purpose of this Act are to be made out of money appropriated by the Parliament for the purposes of this Act.