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PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2014 - SCHEDULE 1

Application provisions forand amendments ofthe PGPA Act

Part   1 -- Delayed application of certain provisions of Part s   2 - 3 and 3 - 2 of the PGPA Act

1   Corporate plans

Sections   35 and 95 of the PGPA Act (which deal with corporate plans for Commonwealth entities and Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1   July 2015.

2   Budget estimates

Sections   36 and 96 of the PGPA Act (which deal with budget estimates for Commonwealth entities and wholly - owned Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1   July 2014 .

3   Annual performance statements

Sections   39 and 40 of the PGPA Act (which deal with annual performance statements for Commonwealth entities) apply in relation to reporting periods for those entities that commence on or after 1   July 2015.

4   Annual financial statements

Sections   42 and 43 of the PGPA Act (which deal with annual financial statements for Commonwealth entities) apply in relation to reporting periods for those entities that commence on or after 1   July 2014 .

5   Audit of financial statements of subsidiaries

Sections   44 and 99 of the PGPA Act (which deal with audits of financial statements of subsidiaries of Commonwealth entities or Commonwealth companies) apply in relation to reporting periods for those subsidiaries that commence on or after 1   July 2014 .

6   Annual reports

Sections   46 and 97 of the PGPA Act (which deal with annual reports for Commonwealth entities and Commonwealth companies) apply in relation to reporting periods for those entities and companies that commence on or after 1   July 2014 .

7   Australian Government financial reporting

Sections   47, 48 and 49 of the PGPA Act (which deal with Australian Government financial reporting) apply in relation to the 2014 - 2015 financial year and later financial years.

Part   2 -- Other application provisions

8   Duties of officials--use of position

Section   27 of the PGPA Act (which deals with the duty of officials in relation to the use of their position) applies to uses occurring after the commencement time.

9   Duties of officials--use of information

Section   28 of the PGPA Act (which deals with the duty of officials in relation to the use of information) applies to uses by officials occurring after the commencement time of information obtained by the officials before or after that time.

10   Duties of officials--disclosure of interests

Section   29 of the PGPA Act (which deals with the duty of officials to disclose their interests) applies to interests that arise for officials before or after the commencement time.

11   Termination of appointment

Section   30 of the PGPA Act (which deals with termination of appointment) applies to appointments made before or after the commencement time.

12   Banking

Section   55 of the PGPA Act (which deals with amounts received by officials) applies to amounts received after the commencement time.

13   Waiver of amounts and modification of payment terms

Section   63 of the PGPA Act (which deals with waiver of amounts owing to the Commonwealth and modification of payment terms) applies to amounts owing to the Commonwealth before or after the commencement time.

14   Set - off

Section   64 of the PGPA Act (which deals with setting off amounts owing to or by the Commonwealth) applies to amounts owing to or by the Commonwealth before or after the commencement time.

15   Gifts of relevant property

Sections   66 and 67 of the PGPA Act (which deal with gifts of property) apply to gifts made after the commencement time of property acquired before or after that time.

16   Losses of relevant money or relevant property

Sections   68, 69 and 70 of the PGPA Act (which deal with losses of relevant money or relevant property) apply to losses occurring after the commencement time.

17   Ministers to inform Parliament of certain events

Section   72 of the PGPA Act (which requires Ministers to inform Parliament of certain events) applies to events occurring after the commencement time.

18   Receipt of amounts by non - corporate Commonwealth entities

Section   74 of the PGPA Act (which deals with amounts received by non - corporate Commonwealth entities) applies to amounts received after the commencement time.

19   Transfers of functions between non - corporate Commonwealth entities

Section   75 of the PGPA Act (which deals with transfers of functions between non - corporate Commonwealth entities) applies to determinations made after the commencement time in relation to transfers of functions occurring before or after that time.

20   Payments between non - corporate Commonwealth entities

Section   76 of the PGPA Act (which deals with payments made between non - corporate Commonwealth entities) applies to payments made after the commencement time.

21   Repayments by the Commonwealth

Section   77 of the PGPA Act (which deals with repayments of amounts received by the Commonwealth) applies to amounts received by the Commonwealth before or after the commencement time.

22   Special accounts

Section   80 of the PGPA Act (which deals with special accounts) applies to special accounts established before or after the commencement time.

23   Recovery of debts

Rules made for the purposes of paragraph   103(c) of the PGPA Act (which deals with recovery of debts) apply to:

  (a)   debts incurred after the commencement time; and

  (b)   debts incurred before that time, but only if the recovery of the debt had not been pursued before that time.

Part   3 -- Amendments

Public Governance, Performance and Accountability Act 2013

24   At the end of section   101

Add:

  (4)   Despite subsection   14(2) of the Legislative Instruments Act 2003 , the rules may provide in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in instructions given under section   20A of this Act as in force or existing from time to time.



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