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
9............ Disclosure of interests for members of the Reserve Bank Board and the Payments System Board 4
10.......... Annual financial statements........................................................................................... 6
Endnotes 7
Endnote 1—About the endnotes 7
Endnote 2—Abbreviation key 8
Endnote 3—Legislation history 9
Endnote 4—Amendment history 10
Endnote 5—Uncommenced amendments [none] 11
Endnote 6—Modifications [none] 11
Endnote 7—Misdescribed amendments [none] 11
Endnote 8—Miscellaneous [none] 11
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.
9 Disclosure of interests for members of the Reserve Bank Board and the Payments System Board
The Reserve Bank Act 1959 has effect, until the end of the first reporting period for the Bank that commences on or after 1 July 2014, as if the following sections were added to that Act:
7B Disclosure of interests for members of the Reserve Bank Board in relation to certain matters
(1) This section applies in relation to a member of the Reserve Bank Board if:
(a) a meeting of the Board is considering either or both of the following matters:
(i) the monetary policy of the Bank;
(ii) the role of the Bank in financial system stability; and
(b) the member has a material personal interest that relates to the matter; and
(c) within the previous 12 months the member has disclosed, in writing, the member’s interest to the Treasurer (whether the disclosure occurs before or after this section commences); and
(d) there has been no substantial change in the nature or composition of the interest since the disclosure.
(2) The member may do either or both of the following:
(a) be present during any consideration by the Board of the matter;
(b) vote on the matter.
(3) The member is taken to have complied with section 29 of the Public Governance, Performance and Accountability Act 2013, and any rules made for the purposes of that section.
(4) This section applies:
(a) despite subsections 7A(1), (4) and (5) of this Act; and
(b) instead of subsection 7A(6), and any rules made for the purposes of subsection 29(2) of the Public Governance, Performance and Accountability Act 2013.
7C Other disclosures of material personal interests by members of the Reserve Bank Board and the Payments System Board
(1) This section applies in relation to a matter if:
(a) the matter is being considered at a meeting of the Reserve Bank Board and:
(i) the matter is not a matter referred to in paragraph 7B(1)(a); or
(ii) the matter is a matter referred to in paragraph 7B(1)(a), but the condition in paragraph 7B(1)(c) or (d) is not met in relation to the matter; or
(b) the matter is being considered at a meeting of the Payments System Board.
(2) Sections 12, 14, 15 and 16D of the Public Governance, Performance and Accountability Rule 2014 apply to each member of the Reserve Bank Board and the Payments System Board in relation to the matter as if:
(a) the member were a member of the accountable authority of the Bank; and
(b) instead of referring to a material personal interest that relates to the affairs of the Bank, section 29 of the Public Governance, Performance and Accountability Act 2013, and sections 14 and 15 of that Rule, referred to a material personal interest that relates to the affairs of:
(i) for a member of the Reserve Bank Board—the Reserve Bank Board; or
(ii) for a member of the Payments System Board—the Payments System Board.
(3) This section applies:
(a) despite subsections 7A(1), (4) and (5) of this Act; and
(b) instead of subsection 7A(6), and any rules made for the purposes of subsection 29(2) of the Public Governance, Performance and Accountability Act 2013 (other than as referred to in subsection (2) of this section).
(4) This section does not otherwise affect subsection 7A(1) or (4) of this Act, or any rules made for the purposes of subsection 29(2) of the Public Governance, Performance and Accountability Act 2013, to the extent that a member of the Reserve Bank Board or the Payments System Board referred to in subsection 7A(4) of this Act has a material personal interest that relates to the affairs of the Bank in a matter that is not being considered at a meeting of:
(a) for a member of the Reserve Bank Board—the Reserve Bank Board; or
(b) for a member of the Payments System Board—the Payments System Board.
Note: The member is required to comply with the rules for officials of an entity relating to the disclosure of such interests.
10 Annual financial statements
(1) This section applies if section 17A of the Public Governance, Performance and Accountability Rule 2014 requires annual financial statements to be prepared for a Commonwealth entity (the old entity) for the first reporting period, for the old entity, that commences on or after 1 July 2014.
(2) Despite subsections 17A(1) and (3) of that rule, the annual financial statements for the old entity must:
(a) be prepared in the same way that the annual financial statements for the old entity were required by the FMA Act or CAC Act to be prepared for the previous reporting period; and
(b) include the same matters that the annual financial statements for the old entity were required by the FMA Act or CAC Act to include for the previous reporting period.
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
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s) | |
Endnote 3—Legislation history
| Name | FRLI registration | Commencement | Application, saving and transitional provisions |
| Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014 | 30 June 2014 (F2014L00910) | 1 July 2014 (s 2) | |
| Public Governance, Performance and Accountability Legislation Amendment Rule 2014 | 18 Sept 2014 (F2014L01244) | 19 Sept 2014 (s 2) | — |
| Public Governance, Performance and Accountability Legislation Amendment (RBA and Other Measures) Rule 2014 | 28 Nov 2014 (F2014L01598) | 29 Nov 2014 (s 2) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Pt 1 | |
| s 2........................................ | rep LIA s 48D |
| s 4........................................ | am F2014L01244 |
| Pt 2 | |
| Div 1 | |
| hdg to Div 1 of Pt 2.............. | ad F2014L01244 |
| hdg to s 5............................. | rs F2014L01244 |
| s 5........................................ | am F2014L01244 |
| s 7AA.................................. | ad F2014L01244 |
| Div 2 | |
| Div 2 of Pt 2........................ | ad F2014L01244 |
| s 7BA................................... | ad F2014L01244 |
| s 7BB................................... | ad F2014L01244 |
| s 7BC................................... | ad F2014L01244 |
| s 8........................................ | am F2014L01244 |
| s 9........................................ | ad F2014L01598 |
| s 10...................................... | ad F2014L01598 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]