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This instrument amends the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014 to insert a new provision that would apply to annual reports prepared by corporate Commonwealth entities, in accordance with section 46 of the Public Governance, Performance and Accountability Act 2013. The new provision would extend the application of the Commonwealth Authorities (Annual Reporting) Orders 2011, made by item 2 of the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014, for the purposes of the 2014-15 annual report.
Administered by: Finance
Registered 20 Apr 2015
Tabling HistoryDate
Tabled Senate11-May-2015
Tabled HR12-May-2015
Date of repeal 22 Apr 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Amendment (Annual Reports) Rule 2015

I, MATHIAS HUBERT PAUL CORMANN, Minister for Finance, make the following rule.

Dated   10 April 2015

MATHIAS HUBERT PAUL CORMANN

Minister for Finance

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

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

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Rule 2014       2

 


1  Name

                   This is the Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Amendment (Annual Reports) Rule 2015.

2  Commencement

                   This instrument commences on the day after it is registered.

3  Authority

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

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

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

1  At the end of Division 1 of Part 2

Add:

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.