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

made under the

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

Compilation No. 5

Compilation date:                              21 April 2015

Includes amendments up to:            Public Governance, Performance and Accountability Legislation Amendment (Enactment of the Public Governance and Resources Legislation Amendment Act (No. 1) 2015) Rule 2015

Registered:                                         21 April 2015

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014 that shows the text of the law as amended and in force on 21 April 2015 (the compilation date).

This compilation was prepared on 21 April 2015.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

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

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

7AB...... Annual reports for corporate Commonwealth entities for 2014‑2015........................... 2

7AC...... Annual reports for wholly‑owned Commonwealth companies for 2014‑2015............. 3

Division 2—Rules made for subitem 6(3) of Schedule 14 to the CTP Act                  4

7BA...... Purpose of this Division................................................................................................ 4

7BE....... The Office of the Fair Work Building Industry Inspectorate......................................... 4

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

10.......... Annual financial statements........................................................................................... 5

Schedule 2—Modifications of the Fair Work (Building Industry) Act 2012       6

Endnotes                                                                                                                                                                 8

Endnote 1—About the endnotes                                                                                                        8

Endnote 2—Abbreviation key                                                                                                            9

Endnote 3—Legislation history                                                                                                       10

Endnote 4—Amendment history                                                                                                     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.

7AB  Annual reports for corporate Commonwealth entities for 2014‑2015

             (1)  This section applies to a corporate Commonwealth entity’s annual report that is prepared under section 46 of the PGPA Act for the first reporting period of the entity that commences on or after 1 July 2014.

             (2)  Despite the repeal of the Commonwealth Authorities (Annual Reporting) Orders 2011 made by item 1 of Schedule 3 to the CTP Act, that instrument, as in force immediately before the commencement time, continues to apply for the purposes of the annual report.

             (3)  The requirements of that instrument apply to the annual report in the same way as they applied to the annual report of a Commonwealth authority for the financial year ending on 30 June 2014.

             (4)  For the purposes of subsection (3):

                     (a)  a reference in that instrument to the directors or the board of a Commonwealth authority is taken to be a reference to the accountable authority of the corporate Commonwealth entity; and

                     (b)  a reference in that instrument to section 9, Schedule 1, or a provision of that section or Schedule, of the CAC Act is taken to be a reference to section 46 of the PGPA Act; and

                     (c)  a reference in that instrument to a term that is defined in the CAC Act or that instrument is taken to be a reference to the term as it is defined in the PGPA Act; and

                     (d)  a reference in clause 12 of that instrument to a General Policy Order under section 48A of the CAC Act is taken to be a reference to a government policy order under section 22 of the PGPA Act; and

                     (e)  a reference in clause 16 of that instrument to significant events under section 15 of the CAC Act is taken to be a reference to a significant decision or issue referred to in paragraph 19(1)(c), (d) or (e) of the PGPA Act.

7AC  Annual reports for wholly‑owned Commonwealth companies for 2014‑2015

             (1)  This section applies to a wholly‑owned Commonwealth company’s annual report that is prepared under section 97 of the PGPA Act for the first reporting period of the company that commences on or after 1 July 2014.

             (2)  Despite the repeal of the Commonwealth Companies (Annual Reporting) Orders 2011 made by item 1 of Schedule 3 to the CTP Act, that instrument, as in force immediately before the commencement time, continues to apply for the purposes of the annual report.

             (3)  The requirements of that instrument apply to the annual report in the same way as they applied to the annual report of a wholly‑owned Commonwealth company for the financial year ending on 30 June 2014.

             (4)  For the purposes of subsection (3):

                     (a)  a reference in that instrument to section 36, or a provision of that section, of the CAC Act is taken to be a reference to section 97 of the PGPA Act; and

                     (b)  a reference in that instrument to a term that is defined in the CAC Act or the instrument is taken to be a reference to the term as it is defined in the PGPA Act; and

                     (c)  a reference in clause 10 of that instrument to a General Policy Order under section 43 of the CAC Act is taken to be a reference to a government policy order under section 93 of the PGPA Act; and

                     (d)  a reference in clause 14 of that instrument to significant events under section 40 of the CAC Act is taken to be a reference to a significant decision or issue referred to in paragraph 91(1)(c), (d) or (e) of the PGPA Act.

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).

7BE  The Office of the Fair Work Building Industry Inspectorate

                   The Fair Work (Building Industry) Act 2012 has effect, until the end of the first reporting period for the Office of the Fair Work Building Industry Inspectorate that commences on or after 1 July 2014, as if that Act were modified as set out in Schedule 2 to this rule.

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.

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.

Schedule 2—Modifications of the Fair Work (Building Industry) Act 2012

Note:       See section 7BE.

Fair Work (Building Industry) Act 2012

1  Section 14

Repeal the section, substitute:

14  Annual report

                   The annual report prepared by the Director and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

                     (a)  details of directions given by the Minister during the period under section 11 or 12 of this Act; and

                     (b)  details of delegations by the Director during the period under section 13 of this Act; and

                     (c)  details of recommendations made to the Director by the Advisory Board during the period.

Note:          See also section 66 of this Act, which restricts the disclosure of personal information in a report.

2  Section 20

Repeal the section.

3  Paragraph 22(2)(d)

Repeal the paragraph, substitute:

                     (d)  the Director fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.

4  Subsection 35(1)

Omit “Commonwealth authority”, substitute “corporate Commonwealth entity”.

5  Subsection 35(4)

Omit “Commonwealth authority” (wherever occurring), substitute “corporate Commonwealth entity”.

6  Subsections 35(5) and (7)

Omit “Commonwealth authority”, substitute “corporate Commonwealth entity”.

7  Subsection 35(8) (definition of Commonwealth authority)

Repeal the definition.

8  Subsection 35(8)

Insert:

corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013.

9  Paragraph 65(6)(a)

Omit “or 14”, substitute “or referred to in section 14”.

10  Subsection 66(1)

Omit “or 14”, substitute “or referred to in section 14”.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key 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 (or will amend) the compiled law. The information includes commencement details for amending laws and details of any 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 (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the amendment is set out in the endnotes.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history