Commonwealth Coat of Arms of Australia

Public Governance, Performance and Accountability (Investment) Authorisation 2014

made under subparagraph 59(1)(b)(iii) of the

Public Governance, Performance and Accountability Act 2013

Compilation No. 2

Compilation date:    28 July 2018

Includes amendments up to: F2018L01060

Registered:    8 August 2018

 

About this compilation

This compilation

This is a compilation of the Public Governance, Performance and Accountability (Investment) Authorisation 2014 that shows the text of the law as amended and in force on 28 July 2018 (the compilation date).

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 the Legislation Register (www.legislation.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 the Legislation Register 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name of authorisation

3 Authority

4 Definitions

Part 2—The Australian Broadcasting Corporation

5 Authorisation for the Australian Broadcasting Corporation

Part 3—The Export Finance and Insurance Corporation

6 Authorisation for the Export Finance and Insurance Corporation

Part 4—The Grains Research and Development Corporation

7 Authorisation for the Grains Research and Development Corporation

Part 5—The Rural Industries Research and Development Corporation

8 Authorisation for the Rural Industries Research and Development Corporation

Part 6—The Commonwealth Scientific and Industrial Research Organisation

9 Authorisation for the Commonwealth Scientific and Industrial Research Organisation

Part 7—The Civil Aviation Safety Authority

10 Authorisation for the Civil Aviation Safety Authority

Part 8—Australian Hearing Services

11 Authorisation for Australian Hearing Services

Part 9—The Australian Nuclear Science and Technology Organisation

12 Authorisation for the Australian Nuclear Science and Technology Organisation

Part 10—Airservices Australia

13 Authorisation for Airservices Australia

Part 11—The National Housing Finance and Investment Corporation

14 Authorisation for the National Housing Finance and Investment Corporation

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1Preliminary

 

1  Name of authorisation

  This authorisation is the Public Governance, Performance and Accountability (Investment) Authorisation 2014.

3  Authority

  This authorisation is made under subparagraph 59(1)(b)(iii) of the Public Governance, Performance and Accountability Act 2013.

4  Definitions

  In this authorisation:

approved bank means a person that carries on the business of banking in Australia:

 (a) the operations of which are subject to prudential supervision or regulation under a law of the Commonwealth, a State or a Territory; and

 (b) the business of which has a Standard and Poor’s longterm rating of:

 (i) for a Part other than Part 3—A (or the Moody’s or Fitch’s equivalent) or better; and

 (ii) for Part 3—BBB (or the Moody’s or Fitch’s equivalent) or better.

approved entity means an entity that operates inside or outside Australia and has a Standard and Poor’s longterm rating of AA (or the Moody’s or Fitch’s equivalent) or better.

dematerialised security means a dematerialised security that is deposited in the Austraclear System.

Note: Information about the Austraclear System could in 2014 be viewed on the Australian Securities Exchange’s website (http://www.asx.com.au).

securities:

 (a) means debentures, bonds, promissory notes, commercial paper, bills of exchange, certificates of deposit and fixed and floating rate notes issued under a senior debt program, and their dematerialised security equivalents; but

 (b) does not include any instrument or document that is in the nature of equity, subordinate debt or hybrid equity.

senior debt program means a program under which debt:

 (a) is issued and ranked ahead of other debt; and

 (b) has priority if debt has to be redeemed in cases of liquidation.

Part 2The Australian Broadcasting Corporation

 

5  Authorisation for the Australian Broadcasting Corporation

 (1) The Australian Broadcasting Corporation is authorised to invest relevant money for which the Corporation is responsible in accordance with this section.

 (2) The Corporation may invest in one or more of the following:

 (a) bills of exchange accepted or endorsed only by an approved bank;

 (b) dematerialised securities that are the equivalent of the bills of exchange covered by paragraph (a);

 (c) certificates of deposit with an approved bank;

 (d) dematerialised securities that are the equivalent of the certificates of deposit covered by paragraph (c).

 (3) Investments must be:

 (a) in the name of the Corporation; and

 (b) denominated in Australian currency.

Part 3The Export Finance and Insurance Corporation

 

6  Authorisation for the Export Finance and Insurance Corporation

 (1) The Export Finance and Insurance Corporation is authorised to invest relevant money for which the Corporation is responsible in accordance with this section.

 (2) The Corporation may invest money in one or more of the following ways:

 (a) in securities issued by an approved bank;

 (b) on deposit with, or in securities issued or guaranteed by, an approved entity.

 (3) Investments must be in the name of the Corporation.

 (4) Subsections (5) to (7) apply if an investment:

 (a) is covered by paragraph (2)(a) (securities issued by an approved bank); and

 (b) has a Standard and Poor’s longterm rating lower than A(or the Moody’s or Fitch’s equivalent).

 (5) The investment, together with any other such investments of the Corporation in the approved bank, must not exceed 10% of the total investments of the Corporation.

 (6) The investment, together with any other such investments of the Corporation in any approved bank, must not exceed 25% of the total investments of the Corporation.

 (7) The investment:

 (a) must not have a term longer than 3 years; and

 (b) if the investment has a term longer than 6 monthsmust be able to be traded in the secondary market.

Part 4The Grains Research and Development Corporation

 

7  Authorisation for the Grains Research and Development Corporation

 (1) The Grains Research and Development Corporation is authorised to invest relevant money for which the Corporation is responsible in accordance with this section.

 (2) The Corporation may invest in one or more of the following:

 (a) bills of exchange accepted or endorsed only by an approved bank;

 (b) dematerialised securities that are the equivalent of the bills of exchange covered by paragraph (a);

 (c) certificates of deposit with an approved bank;

 (d) dematerialised securities that are the equivalent of the certificates of deposit covered by paragraph (c);

 (e) floating rate notes issued by an approved bank under a senior debt program;

 (f) dematerialised securities that are the equivalent of the floating rate notes covered by paragraph (e);

 (g) 11 am call deposits with an approved bank.

 (3) Investments must be:

 (a) in the name of the Corporation; and

 (b) denominated in Australian currency.

 (4) If an investment is covered by paragraph (2)(e) or (f), the investment, together with any other investments of the Corporation covered by either of those paragraphs, must not exceed 20% of the total investments of the Corporation.

Part 5The Rural Industries Research and Development Corporation

 

8  Authorisation for the Rural Industries Research and Development Corporation

 (1) The Rural Industries Research and Development Corporation is authorised to invest relevant money for which the Corporation is responsible in accordance with this section.

 (2) The Corporation may invest in one or more of the following:

 (a) bills of exchange accepted or endorsed only by an approved bank;

 (b) dematerialised securities that are the equivalent of the bills of exchange covered by paragraph (a).

 (3) Investments must be:

 (a) in the name of the Corporation; and

 (b) denominated in Australian currency.

Part 6The Commonwealth Scientific and Industrial Research Organisation

 

9  Authorisation for the Commonwealth Scientific and Industrial Research Organisation

 (1) The Commonwealth Scientific and Industrial Research Organisation is authorised to invest relevant money for which the Organisation is responsible in accordance with this section.

 (2) The Organisation may invest in one or more of the following:

 (a) bills of exchange accepted or endorsed only by an approved bank;

 (b) dematerialised securities that are the equivalent of the bills of exchange covered by paragraph (a);

 (c) certificates of deposit with an approved bank;

 (d) dematerialised securities that are the equivalent of the certificates of deposit covered by paragraph (c).

 (3) Investments must be:

 (a) in the name of the Organisation; and

 (b) denominated in Australian currency.

Part 7The Civil Aviation Safety Authority

 

10  Authorisation for the Civil Aviation Safety Authority

 (1) The Civil Aviation Safety Authority is authorised to invest relevant money for which the Authority is responsible in accordance with this section.

 (2) The Authority may invest in one or more of the following:

 (a) bills of exchange accepted or endorsed only by an approved bank;

 (b) dematerialised securities that are the equivalent of the bills of exchange covered by paragraph (a);

 (c) certificates of deposit with an approved bank;

 (d) dematerialised securities that are the equivalent of the certificates of deposit covered by paragraph (c).

 (3) Investments must be:

 (a) in the name of the Authority; and

 (b) denominated in Australian currency.

Part 8Australian Hearing Services

 

11  Authorisation for Australian Hearing Services

 (1) Australian Hearing Services is authorised to invest relevant money for which Australian Hearing Services is responsible in accordance with this section.

 (2) Australian Hearing Services may invest in one or more of the following:

 (a) bills of exchange accepted or endorsed only by an approved bank;

 (b) dematerialised securities that are the equivalent of the bills of exchange covered by paragraph (a).

 (3) Investments must be:

 (a) in the name of Australian Hearing Services; and

 (b) denominated in Australian currency.

Part 9The Australian Nuclear Science and Technology Organisation

 

12  Authorisation for the Australian Nuclear Science and Technology Organisation

 (1) The Australian Nuclear Science and Technology Organisation is authorised to invest relevant money for which the Organisation is responsible in accordance with this section.

 (2) The Organisation may invest in one or more of the following:

 (a) bills of exchange accepted or endorsed only by an approved bank;

 (b) dematerialised securities that are the equivalent of the bills of exchange covered by paragraph (a);

 (c) certificates of deposit with an approved bank;

 (d) dematerialised securities that are the equivalent of the certificates of deposit covered by paragraph (c).

 (3) Investments must be:

 (a) in the name of the Organisation; and

 (b) denominated in Australian currency.

Part 10Airservices Australia

 

13  Authorisation for Airservices Australia

 (1) Airservices Australia is authorised to invest relevant money for which the Authority is responsible in accordance with this section.

 (2) Airservices Australia may invest up to $20 million in one or more of the following:

 (a) floating rate notes issued by an approved bank under a senior debt program;

 (b) dematerialised securities that are the equivalent of the floating rate notes covered by paragraph (a).

 (3) Investments must be:

 (a) in the name of Airservices Australia; and

 (b) denominated in Australian currency.

Part 11The National Housing Finance and Investment Corporation

 

14  Authorisation for the National Housing Finance and Investment Corporation

 (1) The National Housing Finance and Investment Corporation is authorised to invest relevant money for which the Corporation is responsible in accordance with this section.

 (2) The Corporation may invest money in one or more of the following ways:

 (a) in securities issued by an approved bank;

 (b) on deposit with, or in securities issued or guaranteed by, an approved entity.

 (3) Investments must be in the name of the Corporation.

 (4) Subsections (5) to (7) apply if an investment:

 (a) is covered by paragraph (2)(a) (securities issued by an approved bank); and

 (b) has a Standard and Poor’s longterm rating lower than A (or the Moody’s or Fitch’s equivalent).

 (5) The investment, together with any other such investments of the Corporation in the approved bank, must not exceed 10% of the total investments of the Corporation.

 (6) The investment, together with any other such investments of the Corporation in any approved bank, must not exceed 25% of the total investments of the Corporation.

 (7) The investment:

 (a) must not have a term longer than 3 years; and

 (b) if the investment has a term longer than 6 months—must be able to be traded in the secondary market.

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

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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 abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Public Governance, Performance and Accountability (Investment) Authorisation 2014

30 June 2014 (F2014L00913)

1 July 2014 (s 2(b))

 

Public Governance, Performance and Accountability (Investment) Amendment Authorisation 2014

23 July 2014 (F2014L01013)

24 July 2014 (s 2)

Public Governance, Performance and Accountability (Investment) Amendment Authorisation 2018

27 July 2018 (F2018L01060)

28 July 2018 (s 2(1) item 1)

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LIA s 48D

s 4.....................

am F2014L01013

Part 11

 

Part 11..................

ad F2018L01060

s 14....................

ad F2018L01060