Federal Register of Legislation - Australian Government

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Rules/Other as made
This instrument amends the Public Governance, Performance and Accountability Rule 2014 to remove the Australian Government Solicitor (AGS) from the list of Government business enterprises; repeal references to the Defence Materiel Organisation (DMO); provide for the types of receipts that entities can retain under section 74 of the PGPA Act; list the Digital Transformation Office as a listed entity for the purposes of the finance law, as defined by the PGPA Act, as well as its accountable authority, officials and purposes; and repeal the listing of the Migration Review Tribunal and Refugee Review Tribunal.
Administered by: Finance
Registered 24 Jun 2015
Tabling HistoryDate
Tabled HR10-Aug-2015
Tabled Senate10-Aug-2015
Date of repeal 02 Jul 2015
Repealed by Division 1 of Part 5A of the Legislative Instruments Act 2003
Table of contents.

 

Public Governance, Performance and Accountability Amendment (Listed Entities and Receipts) Rule 2015

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

Dated 23 June 2015

MATHIAS HUBERT PAUL CORMANN

Minister for Finance

 

  

  


Contents

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

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

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

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

Schedule 1—Amendments relating to listed entities                                                                    2

Public Governance, Performance and Accountability Rule 2014                                               2

Schedule 2—Amendments relating to receipts                                                                               3

Public Governance, Performance and Accountability Rule 2014                                               3

 


1  Name

                   This is the Public Governance, Performance and Accountability Amendment (Listed Entities and Receipts) Rule 2015.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

1 July 2015.

1 July 2015

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Public Governance, Performance and Accountability Act 2013.

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 relating to listed entities

  

Public Governance, Performance and Accountability Rule 2014

1  Paragraph 5(1)(a)

Repeal the paragraph.

2  Subsection 9(1) (table item 3)

Omit “, unless the member’s services are made available to the Chief Executive Officer of the Defence Materiel Organisation”.

3  Clause 10 of Schedule 1

Repeal the clause, substitute:

10  Digital Transformation Office

             (1)  For the purposes of the finance law:

                     (a)  the following group of persons is a listed entity:

                              (i)  the person occupying, or performing the duties of, the office known as the Chief Executive Officer of the Digital Transformation Office;

                             (ii)  persons engaged under the Public Service Act 1999 to assist the Chief Executive Officer; and

                     (b)  the listed entity is to be known as the Digital Transformation Office; and

                     (c)  the Chief Executive Officer is the accountable authority of the listed entity; and

                     (d)  the persons referred to in paragraph (a) are officials of the listed entity; and

                     (e)  the purposes of the listed entity include the following:

                              (i)  providing leadership on the delivery of government services;

                             (ii)  developing and implementing, for the whole of government, user‑centred policies and standards for delivering government services;

                            (iii)  designing and governing, for the whole of government, the implementation and enhancement of platforms for delivering government services;

                            (iv)  coordinating, for the whole of government, the funding of platforms for delivering government services;

                             (v)  providing advice to the Minister on proposals relating to the delivery of government services;

                            (vi)  undertaking other tasks that the Minister is satisfied are relevant.

             (2)  This clause is repealed on 30 June 2020.

4  Clause 13 of Schedule 1

Repeal the clause.

Schedule 2Amendments relating to receipts

  

Public Governance, Performance and Accountability Rule 2014

1  After subsection 27(2)

Insert:

          (2A)  The received amount is an amount of a kind for subsection 74(1) of the Act if it relates to GST. In this case, the received amount may be credited to:

                     (a)  if the received amount relates to an activity of the entity, the funding for which a departmental item for the entity in an Appropriation Act is debited—that departmental item; or

                     (b)  if the received amount relates to an activity of the entity, the funding for which another item in an Appropriation Act, another appropriation or a special account is debited—that item, appropriation or special account.

2  Paragraph 27(6)(b)

Omit “; or”, substitute “.”.

3  Paragraph 27(6)(c)

Repeal the paragraph.

4  At the end of section 27

Add:

             (8)  Despite subsection (2A), if the received amount was transferred to the entity by the Commissioner of Taxation under section 18 of the A New Tax System (GST, Luxury Car Tax and Wine Tax) Direction 2015, then the received amount is not an amount of a kind for subsection 74(1) of the Act to the extent that the amount is attributable to one or more GST qualifying amounts that have been credited to an appropriation under section 74A of the Act.