Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014

as amended

made under

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

Compilation start date:                     19 September 2014

Includes amendments up to:            Public Governance, Performance and Accountability Legislation Amendment Rule 2014

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014 as in force on 19 September 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 22 September 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name of rule.................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Transitional rules                                                                                                                           2

Division 1—Rules made for subitem 6(2) of Schedule 14 to the CTP Act                  2

5............ Purpose of this Division................................................................................................ 2

6............ Persons performing financial tasks................................................................................ 2

7............ Continuation of delegation powers................................................................................ 2

7AA...... Repayments by the Commonwealth.............................................................................. 2

Division 2—Rules made for subitem 6(3) of Schedule 14 to the CTP Act                  3

7BA...... Purpose of this Division................................................................................................ 3

7BB....... The Clean Energy Regulator.......................................................................................... 3

7BC....... The Murray‑Darling Basin Authority............................................................................ 3

8............ Legal Services Directions.............................................................................................. 4

Endnotes                                                                                                                                                                 5

Endnote 1—About the endnotes                                                                                                        5

Endnote 2—Abbreviation key                                                                                                            6

Endnote 3—Legislation history                                                                                                         7

Endnote 4—Amendment history                                                                                                       8

Endnote 5—Uncommenced amendments [none]                                                                       9

Endnote 6—Modifications [none]                                                                                                     9

Endnote 7—Misdescribed amendments [none]                                                                          9

Endnote 8—Miscellaneous [none]                                                                                                    9

Part 1—Preliminary

1  Name of rule

                   This rule is the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014.

3  Authority

                   This rule is made under the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.

4  Definitions

             (1)  In this rule:

commencement time has the meaning given by the CTP Act.

CTP Act means the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014.

deemed entity means a body corporate that is taken, for the purposes of the finance law, to be a non‑corporate Commonwealth entity.

financial task means a task or procedure relating to the use or management of relevant money.

PGPA rules means rules made under section 101 of the PGPA Act.

             (2)  An expression that is used in the PGPA Act has the same meaning, when used in this rule, as in that Act.

             (3)  A reference in this rule to:

                     (a)  a non‑corporate Commonwealth entity is taken to include a reference to a deemed entity; and

                     (b)  a corporate Commonwealth entity is taken not to include a reference to a deemed entity.

Part 2—Transitional rules

Division 1—Rules made for subitem 6(2) of Schedule 14 to the CTP Act

5  Purpose of this Division

                   This Division is made for subitem 6(2) of Schedule 14 to the CTP Act (which provides for the Finance Minister to make transitional rules).

6  Persons performing financial tasks

             (1)  A person is an official of a non‑corporate Commonwealth entity if the person:

                     (a)  as a result of an agreement or arrangement entered into on or after 1 July 2014 and before 1 July 2015, performs a financial task for the entity; and

                     (b)  is not otherwise an official of the entity.

             (2)  The person ceases to be an official under subsection (1) at the end of 30 June 2015.

7  Continuation of delegation powers

                   Despite the repeal of sections 53 and 62 of the FMA Act (which deal with the Chief Executive’s and Finance Minister’s delegation powers), those sections as in force immediately before the commencement time continue in force, after that time, in relation to any power or function under a provision of the FMA Act that, as a result of Part 2 of Schedule 2 to the CTP Act, continues to apply after that time.

Note:          The effect of this section is that a power or function under a provision of the FMA Act that continues to apply after the commencement time may be delegated, after that time, under section 53 or 62 of the FMA Act.

7AA  Repayments by the Commonwealth

             (1)  Section 77 of the PGPA Act (which deals with repayment of amounts received by the Commonwealth) applies to amounts received by the Commonwealth before the commencement time.

             (2)  This section applies in addition to:

                     (a)  item 21 of Schedule 1 to the CTP Act; and

                     (b)  item 38 of Schedule 2 to the CTP Act.

Note:          The effect of this section is that the Commonwealth may rely on the appropriation in either section 28 of the FMA Act or in section 77 of the PGPA Act to make a repayment relating to an amount received by the Commonwealth before the commencement time.

Division 2—Rules made for subitem 6(3) of Schedule 14 to the CTP Act

7BA  Purpose of this Division

                   This Division is made for subitem 6(3) of Schedule 14 to the CTP Act (which provides for the Finance Minister to make transitional rules modifying Acts).

7BB  The Clean Energy Regulator

                   This section applies in the first reporting period, for the Clean Energy Regulator, that commences on or after 1 July 2014. The Clean Energy Regulator Act 2011 has effect in that period as if the following section were added at the end of Division 1 of Part 2 of that Act:

15A  Application of the finance law

                   For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

                     (a)  the Regulator is taken, despite subsection 16(1):

                              (i)  to be a non‑corporate Commonwealth entity, and not to be a corporate Commonwealth entity; and

                             (ii)  to be a part of the Commonwealth; and

                            (iii)  not to be a body corporate; and

                     (b)  the Regulator is a listed entity; and

                     (c)  the Chair of the Regulator is the accountable authority of the Regulator; and

                     (d)  the following persons are officials of the Regulator:

                              (i)  the Chair of the Regulator;

                             (ii)  the other members of the Regulator;

                            (iii)  the staff of the Regulator referred to in section 36;

                            (iv)  persons whose services are made available to the Regulator under section 37;

                             (v)  consultants engaged under section 38; and

                     (e)  the purposes of the Regulator include the functions of the Regulator referred to in section 12.

7BC  The Murray‑Darling Basin Authority

                   This section applies in the first reporting period, for the Murray‑Darling Basin Authority, that commences on or after 1 July 2014. Section 12 of the PGPA Act has effect in that period as if the following subsection were added at the end of that section:

             (3)  Despite subsection (2), the Chief Executive of the Murray‑Darling Basin Authority is the accountable authority of the Authority.

8  Legal Services Directions

                   Section 55ZF of the Judiciary Act 1903 has effect as if the following subsections were added:

Translation of references in Legal Services Directions

             (4)  Any directions that are in force immediately before the commencement time apply after that time as if:

                     (a)  references to an FMA Agency, or an agency to which the Financial Management and Accountability Act 1997 applies, were references to a non‑corporate Commonwealth entity; and

                     (b)  references to a Chief Executive of an FMA agency were references to the accountable authority of a non‑corporate Commonwealth entity; and

                     (c)  references to an official of an FMA agency (however described) were references to an official (within the meaning of the PGPA Act) of a non‑corporate Commonwealth entity; and

                     (d)  references to:

                              (i)  a non‑FMA body; or

                             (ii)  a Commonwealth authority or company covered by the Commonwealth Authorities and Companies Act 1997; or

                            (iii)  a Commonwealth authority, or Commonwealth company, within the meaning of the CAC Act;

                            were references to a corporate Commonwealth entity or a Commonwealth company; and

                     (e)  references to a government business enterprise prescribed under the CAC Act were references to a government business enterprise prescribed by rules made under the PGPA Act; and

                      (f)  references to subsection 34(1) of the CAC Act were references to subsection 89(1) of the PGPA Act; and

                     (g)  references to section 5 of the CAC Act were references to section 8 of the PGPA Act.

             (5)  Subsection (4) ceases to apply at the earlier of the following times:

                     (a)  the end of the first reporting period that commences on or after 1 July 2014;

                     (b)  the time when the directions are repealed.

             (6)  An expression that is used in the Public Governance, Performance and Accountability Act 2013 or the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 has the same meaning, when used in subsection (4), as in that Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]