Financial Framework Legislation Amendment Regulations 2011 (No. 1)1
Select Legislative Instrument 2011 No. 14
I, PROFESSOR MARIE BASHIR, AC, CVO, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Financial Management and Accountability Act 1997 and the Commonwealth Authorities and Companies Act 1997.
Dated 24 February 2011
MARIE BASHIR
Administrator
By Her Excellency’s Command
PENELOPE YING YEN WONG
Contents
1 Name of Regulations 3
2 Commencement 3
3 Amendment of Financial Management and Accountability Regulations 1997 3
4 Amendment of Commonwealth Authorities and Companies Regulations 1997 3
5 Amendment of Financial Management and Accountability Regulations 1997 3
6 Amendment of Commonwealth Authorities and Companies Regulations 1997 4
7 Amendment of Financial Management and Accountability Regulations 1997 4
8 Amendment of Commonwealth Authorities and Companies Regulations 1997 4
Schedule 1 Amendments of Financial Management and Accountability Regulations 1997 commencing on day after registration 5
Schedule 2 Amendment of Commonwealth Authorities and Companies Regulations 1997 commencing on day after registration 7
Schedule 3 Amendments of Financial Management and Accountability Regulations 1997 commencing on commencement of Schedule 5 to Financial Framework Legislation Amendment Act 2010 8
Schedule 4 Amendments of Commonwealth Authorities and Companies Regulations 1997 commencing on commencement of Schedule 5 to Financial Framework Legislation Amendment Act 2010 13
Schedule 5 Amendments of Financial Management and Accountability Regulations 1997 commencing on 1 July 2011 14
Schedule 6 Amendments of Commonwealth Authorities and Companies Regulations 1997 commencing on 1 July 2011 16
Schedule 1 Amendments of Financial Management and Accountability Regulations 1997 commencing on day after registration
(regulation 3)
[1] Schedule 1, item 124
after
Investments Commission
insert
(ASIC)
[2] Schedule 1, item 161
substitute
| 161 | National Offshore Petroleum Safety Authority (NOPSA), continued in existence by section 645 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006, comprising: (a) the Chief Executive Officer of NOPSA; and | Chief Executive Officer |
| | (b) the staff mentioned in subsection 677 (1) of that Act; and (c) consultants engaged under subsection 676 (1) of that Act; and | |
| | (d) the officers and employees mentioned in subsection 677 (3) of that Act See Note B | |
[3] Further amendments of Schedule 1
| Item of Schedule 1 | omit | insert |
| Item 106 | (the ACMA) | (ACMA) |
| Item 107, paragraph (b) | Trade Practices Act 1974 | Competition and Consumer Act 2010 |
| Item 117 | (AOFM) | (AOFM) |
| Item 121 | (ARPANSA) | (ARPANSA) |
| Item 126 | (the ASADA) | (ASADA) |
| Item 126, paragraph (a) | the ASADA | ASADA |
| Item 149 | (ITSA) | (ITSA) |
| Item 153, paragraph (a) | (MRT) | (MRT) |
| Item 153, paragraph (c) | (RRT) | (RRT) |
| Item 158, paragraph (a) | Trade Practices Act 1974 | Competition and Consumer Act 2010 |
| Item 159 | (NHMRC) | (NHMRC) |
| Item 164, paragraph (a) | (AASB) | (AASB) |
| Item 201 | (ARIA) | (ARIA) |
Schedule 2 Amendment of Commonwealth Authorities and Companies Regulations 1997 commencing on day after registration
(regulation 4)
[1] Regulation 5
substitute
5 Statutory marketing authorities (Act s 5)
For the definition of SMA in section 5 of the Act, the Wine Australia Corporation is prescribed.
Schedule 3 Amendments of Financial Management and Accountability Regulations 1997 commencing on commencement of Schedule 5 to Financial Framework Legislation Amendment Act 2010
(regulation 5)
[1] After regulation 22
insert
22AA Notice of share acquisitions and other events (Act s 39A)
(1) A notice of an event mentioned in subsection 39A (2) of the Act must be in the form in Schedule 1A.
(2) The notice must include the particulars set out in the table.
| Item | Particular |
| 1 | The name and portfolio of the Minister who has the responsibility for the event |
| 2 | The nature of the event |
| 3 | The name of the company involved in the event |
| 4 | If the company is incorporated in Australia: (a) the company’s ACN; or (b) the company’s ARBN (if the company has an ARBN) |
| 5 | If the company is a foreign company: (a) the jurisdiction in which the company is incorporated; and (b) any incorporation identifier provided for the company in that jurisdiction; and (c) the company’s ARBN (if the company has an ARBN) |
| 6 | The address of the company’s principal place of business |
| 7 | Whether the company is included in an official list of a stock exchange and, if so, the name of the stock exchange |
| 8 | Whether the company is: (a) a company limited by shares; or (b) a company limited by guarantee; or |
| | (c) a company limited by guarantee and shares; or (d) an unlimited company; or (e) a no liability company |
| 9 | Whether the company is: (a) a public company (a company that is not a proprietary company within the meaning of section 9 of the Corporations Act 2001); or |
| | (b) a large proprietary company; or (c) a small proprietary company |
| 10 | Whether the company is a company with only 1 member |
| 11 | If the company is a foreign company, a description of the legal structure of the company |
| 12 | If, before or after the event, there were 1 or more ultimate holding companies: (a) the name of each ultimate holding company; and (b) if applicable, the ACN or ARBN of each ultimate holding company; and |
| | (c) for each ultimate holding company that is a foreign company, the jurisdiction in which it is incorporated and the incorporation identifier (if any) provided for the company in that jurisdiction |
(3) The notice must also include a short statement about the event, setting out the particulars in the table.
| Item | Information |
| 1 | The reasons for the event |
| 2 | Whether the Commonwealth or a prescribed body will be under an obligation or will have a liability because of the event |
| 3 | Whether, because of the event, the Commonwealth or a prescribed body: (a) has, or will have, control of the company; or (b) no longer has, or will no longer have, control of the company |
| 4 | The dollar value of any consideration paid or received by the Commonwealth or a prescribed body in relation to the event |
| 5 | Any other areas where the interests of the Commonwealth or a prescribed body have been affected by the event |
(4) In this regulation, each of the following terms has the meaning given by section 9 of the Corporations Act 2001:
(a) ACN (short for ‘Australian Company Number’);
(b) ARBN (short for ‘Australian Registered Body Number’);
(c) company limited by guarantee;
(d) company limited by shares;
(e) foreign company;
(f) large proprietary company;
(g) no liability company;
(h) small proprietary company;
(i) ultimate holding company;
(j) unlimited company.
[2] After Schedule 1
insert
Schedule 1A Notice of event under section 39A of Act
(subregulation 22AA (1))
Form 1 Notice of event
Financial Management and Accountability Act 1997
NOTICE UNDER SECTION 39A OF THE FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997
I, [name of Minister or Ministers]:
(a) give notice of an event as required under subsection 39A (1) of the Financial Management and Accountability Act 1997; and
(b) provide particulars of the event and a short statement about the event as required under regulation 22AA of the Financial Management and Accountability Regulations 1997.
| Minister or Ministers who have the responsibility for the event |
| |
| |
| Nature of the event |
| |
| |
| Particulars relating to the company (see Financial Management and Accountability Regulations 1997, subregulation 22AA (2)) |
| Name of company | |
| ACN or ARBN | |
| Jurisdiction of incorporation, incorporation identifier and ARBN | |
| Address of principal place of business | |
| Whether listed on a stock exchange and, if so, name of the stock exchange | |
| Ownership structure | |
| Company type | |
| Legal structure of foreign company | |
| Details of any ultimate holding companies | |
| |
| Short statement about the event (see Financial Management and Accountability Regulations 1997, subregulation 22AA (3)) |
| Reasons for the event | |
| Obligations or liabilities placed on the Commonwealth or a prescribed body | |
| Particulars about the control of the company by the Commonwealth or a prescribed body | |
| Dollar value of consideration paid or received | |
| Other areas where the interests of the Commonwealth or a prescribed body have been affected | |
| |
| Signature block for Minister(s) |
|
Date
[Signature(s)] [Name and title of Minister(s)] |
Schedule 4 Amendments of Commonwealth Authorities and Companies Regulations 1997 commencing on commencement of Schedule 5 to Financial Framework Legislation Amendment Act 2010
(regulation 6)
[1] Regulation 7
omit
[2] Regulation 8
omit
and section 45 (Ministers must inform Parliament of share acquisitions etc)
Schedule 5 Amendments of Financial Management and Accountability Regulations 1997 commencing on 1 July 2011
(regulation 7)
[1] Schedule 1, after item 114A
insert
| 114AA | Australian Institute of Criminology (AIC), comprising: (a) the Director of the AIC; and (b) the staff mentioned in subsection 23 (1) of the Criminology Research Act 1971; and | Director |
| | (c) consultants engaged under section 24 of that Act; and (d) the Criminology Research Advisory Council established by subsection 33 (1) of that Act See Note B | |
[2] Schedule 1, after item 115
insert
| 115A | Australian Law Reform Commission (ALRC), comprising: (a) the President and members of the ALRC; and (b) the management advisory committee established in accordance with subsection 27 (1) of the Australian Law Reform Commission Act 1996; and | President |
| | (c) the staff mentioned in subsection 43 (1) of that Act; and (d) consultants engaged under section 44 of that Act See Note B | |
Schedule 6 Amendments of Commonwealth Authorities and Companies Regulations 1997 commencing on 1 July 2011
(regulation 8)
[1] Schedule 1, item 101
omit
[2] Schedule 1, item 104
omit
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.