A Bill for an Act to amend the Public Governance, Performance and Accountability Act 2013, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Public Governance, Performance and Accountability Amendment (Improved Grants Reporting) Act 2021.
2 Commencement
(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.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted.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.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Public Governance, Performance and Accountability Act 2013
1 Section 105A (paragraph beginning “It also”)
Omit “also”.
2 Section 105A (after the paragraph beginning “It also”)
Insert:
It also provides for reporting requirements for certain types of grants approved under instruments made under section 105C (see section 105CA).
3 At the end of Division 3 of Part 4‑1A
Add:
105CA Reportable grants approved under instruments
(1) This section applies if a Minister:
(a) approves a grant in accordance with an instrument made under section 105C; and
(b) the grant is a reportable grant.
(2) If the Minister approves a reportable grant, the Minister must provide a written report to the Finance Minister within 30 days of approving the reportable grant.
(3) The report must include a statement of reasons that explains the basis on which the Minister approved the reportable grant.
(4) If the Minister is a member of the House of Representatives and the Minister approves a reportable grant for a grantee in their electorate, the Minister must include this information in the statement of reasons in subsection (3).
(5) Subsection (4) does not apply if the reportable grant is awarded Australia‑wide, state‑wide or across a region on the basis of a formula, and the reportable grant falls in the relevant Minister’s electorate.
(6) The Finance Minister must table a copy of the report in each House of Parliament within 5 sitting days of that House after receiving the report.
(7) In this section:
grant means an arrangement for the provision of financial assistance by the Commonwealth or on behalf of the Commonwealth under which relevant money or other CRF money is to be paid to a grantee other than the Commonwealth, which can be awarded:
(a) on the basis of a variety of processes, including the following:
(i) a competitive or non‑competitive selection process;
(ii) where particular criteria are satisfied;
(iii) on a one off or ad hoc basis; and
(b) for a variety of purposes, including the following;
(i) research;
(ii) providing for the delivery of services;
(iii) helping fund infrastructure;
(iv) helping build capacity.
reportable grant means a grant which is approved:
(a) based on an application which:
(i) an official has recommended should be rejected; or
(ii) does not meet any of the relevant selection criteria; or
(b) by a Minister, who is a member of the House of Representatives, for a grantee in their electorate.