Federal Register of Legislation - Australian Government

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Proclamations/Commencement of Act as made
This Proclamation provides for the commencement of sections 6 to 112 of the Public Governance, Performance and Accountability Act 2013.
Administered by: Finance
Registered 27 Jun 2014
Tabling HistoryDate
Tabled Senate07-Jul-2014
Tabled HR08-Jul-2014
Date of repeal 02 Jul 2014
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003

EXPLANATORY STATEMENT

 

Issued by the Authority of the Minister for Finance

 

Public Governance, Performance and Accountability Act 2013

 

Public Governance, Performance and Accountability Commencement

Proclamation 2014

 

Item 2 of the table in subsection 2(1) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) provides that sections 6 to 112 to the PGPA Act are to commence on a single day to be fixed by Proclamation. However, if the commencement of the provision(s) is not fixed by Proclamation before 1 July 2014, the provision(s) commence on 1 July 2014.

 

The purpose of this Proclamation is to fix 1 July 2014 as the day on which sections 6 to 112 of the PGPA Act commence, if the Acts mentioned in Schedule 1 to the Proclamation all receive the Royal Assent before 1 July 2014, or otherwise, to fix 1 January 2015 as the day on which sections 6 to 112 of the PGPA Act commence.

 

The PGPA Act is scheduled to replace the Financial Management and Accountability Act 1997 (FMA Act) and the Commonwealth Authorities and Companies Act 1997 (CAC Act) as the main legislation covering the financial operations of entities across the Commonwealth.

 

Sections 1 to 5 of the PGPA Act, providing a short title, commencement, binding and extensions provisions, and the objects of the PGPA Act commenced on receipt of the Royal Assent on 29 June 2013.

 

Sections 6 to 112 of the PGPA Act concern the operational provisions for Commonwealth entities and Commonwealth companies to which the PGPA Act would apply.  Recognising the importance of proper consultation, the operational provisions in the PGPA Act will not commence earlier than 1 July 2014, provided the Acts mentioned in Schedule 1 to the Proclamation all receive the Royal Assent before 1 July 2014. This timeframe has been specified to allow the rules, which prescribe matters in support the operational provisions of the PGPA Act, to be developed and tested in consultation with stakeholders. Many stakeholders participated in the development of the rules, including from Commonwealth entities and Commonwealth companies, and the Joint Committee of Public Accounts and Audit.

 

Schedule 1 to the Proclamation cites the following Acts:

·         the Public Governance, Performance and Accountability Amendment Act 2014;

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

·         the Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (No. 1), (No. 3) and (No. 5)) Act 2014;

·         the Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (No. 2), (No. 4) and (No. 6)) Act 2014; and

·         the Public Governance, Performance and Accountability (Consequential Modifications of Appropriation Acts (Parliamentary Departments)) Act 2014.

 

The Acts mentioned in Schedule 1 to the Proclamation are required to amend approximately 250 Acts across the Commonwealth, as well as to clarify governance and resource management matters that are necessary to support the implementation of the PGPA Act, and its related rules and instruments.  These amendments include references to the FMA Act and the CAC Act, which would be replaced by the PGPA Act, as well as amending and simplifying enabling legislation for Commonwealth entities and Commonwealth companies and their appropriations.

 

It is prudent to fix an alternative commencement date for the PGPA Act to bring certainty to the commencement of its operational provisions, and to manage the risk of the Acts mentioned in Schedule 1 to the Proclamation not being enacted before 1 July 2014.

 

The Proclamation fixes an alternative commencement date of 1 January 2015, if all of the Acts mentioned in Schedule 1 to the Proclamation do not receive the Royal Assent before 1 July 2014. This alternative commencement date provides sufficient and advance notice of commencement to Commonwealth entities and Commonwealth companies, and enables the necessary administrative arrangements to be put in place prior to its commencement.

 

A Statement of Compatibility with Human Rights was prepared for the PGPA Act, and therefore an additional Statement is not required for this Proclamation.

 

In accordance with section 17 of the Legislative Instruments Act 2003, consultations have taken place with the Office of Parliamentary Council and the Australian Government Solicitor. 

 

The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.