PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2014 - SCHEDULE 10 Amendments of Acts starting with M or N

Commonwealth Consolidated Acts

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PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2014 - SCHEDULE 10

Amendments of Acts starting with M or N

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

1 Section 6 of Schedule 1 ( subparagraph ( a)(i) of the definition of agency )

Repeal the subparagraph, substitute:

(i) a non - corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 );

Medibank Private Sale Act 2006

2 Subsection 3(5) (definition of Minister for Finance )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

3 Item 1 of Schedule 2 (definition of Minister for Finance )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

4 Item 1 of Schedule 2 (definition of wholly - owned Commonwealth company )

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

5 Item 7 of Schedule 2 (note)

Repeal the note, substitute:

Note: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by an Act.

Medical Indemnity Act 2002

6 Subsection 67(1)

Omit "section 33 of the Financial Management and Accountability Act 1997 ", substitute "section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth)".

Members of Parliament (Staff) Act 1984

7 Section 3 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010

8 Subsection 78(1)

Military Rehabilitation and Compensation Act 2004

9 At the end of section 363

Add:

(3) Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 and the definition of Department of State in section 8 of that Act, the Commission:

(a) is not a Commonwealth entity for the purposes of that Act; and

(b) is taken to be part of the Department administered by the Minister administering this Chapter for those purposes.

Note: This means that the Commission members are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013 .

10 Paragraph 372(2)(c)

Repeal the paragraph, substitute:

(i) section 379 or 380; or

(ii) 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; or

11 Section 381

Repeal the section.

Military Superannuation and Benefits Act 1991

12 Subsections 16B(2) and (3) (note)

Repeal the note.

13 Subsection 16C(3) (note)

Repeal the note.

14 Subsection 16D(10)

Omit " Financial Management and Accountability Act 1997 ) who is in the Department or is part of the Department", substitute " Public Governance, Performance and Accountability Act 2013 ) of the Department".

15 Subsections 51B(2) and (3) (note)

Repeal the note.

16 Subsection 51C(8)

Moomba - Sydney Pipeline System Sale Act 1994

17 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

National Blood Authority Act 2003

18 Section 33

Repeal the section.

19 Paragraph 35(2)(d)

Repeal the paragraph, substitute:

(d) 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.

20 Subsection 40(2)

Omit "Special Account for the purposes of the Financial Management and Accountability Act 1997 ", substitute "special account for the purposes of the Public Governance, Performance and Accountability Act 2013 ".

21 Section 41 (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

22 Section 43

Repeal the section, substitute:

43 Corporate plan

(1) The Minister may approve a corporate plan that is prepared by the General Manager and given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 if the plan has been endorsed by the Ministerial Council.

(2) Subsection 35(3) of that Act (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the General Manager.

23 Subsection 44(1)

Repeal the subsection, substitute:

(1) The General Manager must give to the Ministerial Council a copy of the annual report that is prepared by the General Manager and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 .

24 Subsection 44(3)

Omit "each report described in this section", substitute "the report mentioned in subsection ( 2)".

National Broadband Network Companies Act 2011

25 Section 5 (definition of bank )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

26 Section 5 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

27 Subparagraph 20(1)(d)(iv)

Repeal the subparagraph, substitute:

(iv) any other form of investment prescribed by rules made for the purposes of subparagraph 58(8)(a)(iii) of the Public Governance, Performance and Accountability Act 2013 (section 58 of that Act deals with investment by the Commonwealth).

28 Subsection 54(12) (definition of wholly - owned Commonwealth company )

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

29 Section 57 (note)

Repeal the note, substitute:

30 Section 78

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

31 Subsections 82(1) to (5)

Repeal the subsections, substitute:

(1) The corporate plan for NBN Co prepared under section 95 of the Public Governance, Performance and Accountability Act 2013 must cover each NBN corporation. In particular, for each NBN corporation the plan must include details of the matters in subsection ( 6), so far as they are applicable.

(2) The members of the Board must keep the Finance Minister and the Communications Minister informed about changes to the plan.

(3) Subsection ( 2) does not limit section 91 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed).

National Cattle Disease Eradication Account Act 1991

32 Subsection 4(2)

33 Subsection 5(1)

Omit "(1)" (first occurring).

34 Subsection 5(1) (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

National Consumer Credit Protection Act 2009

35 Subsection 115(2) of the National Credit Code

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

National Disability Insurance Scheme Act 2013

36 Section 9 (definition of CAC Act )

Repeal the definition.

37 Section 9 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

38 Subsection 117(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Agency. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

39 Subparagraph 121(2)(b)(ii)

Omit "CAC Act, or the regulations or an", substitute " Public Governance, Performance and Accountability Act 2013 , or any".

40 Subparagraph 125(2)(c)(ii)

Omit "CAC Act, or the regulations or an", substitute " Public Governance, Performance and Accountability Act 2013 , or any".

41 Paragraph 125A(b)

Omit "established and maintained by Board members under section 32 of the CAC Act", substitute "for the Agency".

42 At the end of section 125A

Add:

Note: See section 45 of the Public Governance, Performance and Accountability Act 2013 (which deals with audit committees for Commonwealth entities).

43 Paragraph 134(2)(d)

Repeal the paragraph.

44 At the end of subsection 134(2)

Add:

Note: The appointment of a board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

45 At the end of section 134

Add:

Termination under the Public Governance, Performance and Accountability Act 2013

(5) Subsections ( 3) and (4) are taken to apply in relation to the termination of the appointment of the Chair under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as those subsections apply to a termination under this section.

46 Paragraph 138(2)(a)

Omit "section 27J of the CAC Act", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

47 Section 165

Repeal the section, substitute:

165 Disclosure of interests

(1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Board.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection ( 1) of this section.

48 Paragraph 167(2)(d)

Repeal the paragraph, substitute:

(d) the CEO 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; or

49 Subsection 172(1)

Repeal the subsection, substitute:

(1) The annual report prepared by the Board members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 must include the things described in subsections ( 2) and (4).

50 Subsection 173(1)

Repeal the subsection, substitute:

(1) The Board members must give the Ministerial Council a copy of each of the following when, or as soon as practicable after, the Board members give the copy to the Minister or the Finance Minister:

(a) information, a report or a document given to the Minister or the Finance Minister under paragraph 19(1)(b) of the Public Governance, Performance and Accountability Act 2013 ;

(b) particulars of a decision or issue notified to the Minister under paragraph 19(1)(c), (d) or (e) of that Act;

(1A) If the Board members inform the Minister of activities under paragraph 19(1)(a) of that Act, the Board members must also inform the Ministerial Council of the activities.

51 Section 177

Repeal the section, substitute:

177 Corporate plan

(1) In preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the Board must have regard to a statement given under section 125 of this Act.

(2) The corporate plan must include details of the following:

(a) the financial sustainability of the National Disability Insurance Scheme (including estimates of the current and future expenditure of the National Disability Insurance Scheme);

(b) the risks and issues relevant to the financial sustainability of the National Disability Insurance Scheme and the management of those risks and issues.

(3) The Board must give a copy of the plan to the Ministerial Council before the start of the period covered by the plan.

(4) If the Board varies the plan, the Board must notify the Ministerial Council of the variation.

(5) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the Board.

52 Subsection 180(4)

Repeal the subsection, substitute:

(4) Subsections ( 2) and (3) do not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013 , of money that is not immediately required for the purposes of the Agency.

53 Subsection 180B(1)

Omit "on the Agency under section 9 of the CAC Act is being prepared", substitute "is being prepared by the Board members under section 46 of the Public Governance, Performance and Accountability Act 2013 ".

National Film and Sound Archive of Australia Act 2008

54 Subsection 5(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the National Film and Sound Archive of Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

55 Paragraph 16(2)(b)

Repeal the paragraph.

56 At the end of subsection 16(2)

Add:

Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

57 Paragraph 18(3)(a)

Omit "section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

58 Subsection 18(10)

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

59 Section 27

Repeal the section, substitute:

27 Disclosure of interests

(1) A disclosure by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

60 Paragraph 29(2)(c)

Repeal the paragraph, substitute:

(c) the CEO 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; or

61 Sections 33 and 34

Repeal the sections, substitute:

33 Corporate plan

(1) The Minister may give the Board written instructions with which the Board must comply in preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 .

Note: The instruction may be to include details of particular matters in the corporate plan.

(2) An instruction given under subsection ( 1) is not a legislative instrument.

62 Subsection 35(1)

Omit "The plan", substitute "The corporate plan".

63 Subsections 36(1) and (2)

Omit "a corporate plan", substitute "the corporate plan".

64 Subsection 37(4)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

65 Subsection 38(2)

Repeal the subsection, substitute:

(2) Subsection ( 1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013 , of money that is not immediately required for the purposes of the National Film and Sound Archive of Australia.

66 Subsection 39(2)

Repeal the subsection.

67 Section 41

Omit "on the National Film and Sound Archive of Australia under section 9 of the Commonwealth Authorities and Companies Act 1997 ", substitute "prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ".

68 Subsection 42(4)

Omit "section 16 of the Commonwealth Authorities and Companies Act 1997 ", substitute "section 19 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to keep the responsible Minister and Finance Minister informed)".

National Gallery Act 1975

69 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

70 Subsection 4(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Gallery. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

71 Subsection 7(4)

Omit "subsection 18(3) of the Commonwealth Authorities and Companies Act 1997 ", substitute "subsection 59(1) of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities)".

72 At the end of paragraph 17(2)(a)

Add "or".

73 Paragraph 17(2)(b)

Omit "or".

74 Paragraph 17(2)(c)

Repeal the paragraph.

75 At the end of subsection 17(2)

Add:

Note: The appointment of a part - time member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

76 At the end of paragraph 29(2)(a)

Add "or".

77 Paragraph 29(2)(aa)

Repeal the paragraph, substitute:

(aa) fails, without reasonable excuse, to comply with subsection ( 3); or

78 At the end of paragraph 29(2)(ab)

Add "or".

79 At the end of subsection 29(2)

Add:

Note: The appointment of the Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

80 At the end of section 29

Add:

(4) Subsection ( 3) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

81 Subsection 37(2)

Repeal the subsection, substitute:

82 Subsection 38(1)

Omit "(1)".

83 Subsection 38(2)

Repeal the subsection.

84 Section 40

Repeal the section, substitute:

40 Annual report

The annual report prepared by the Council and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include particulars of any disposals of works of art under section 9 of this Act during the period.

National Health Act 1953

85 Subsection 4(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

National Health and Medical Research Council Act 1992

86 Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Division 3 -- Corporate plans

87 Section 16

Repeal the section, substitute:

16 Corporate plan

(1) Before preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 , the CEO must consult with the Minister and the Council on the matters proposed for inclusion in the plan.

(2) The corporate plan for a period must set out:

(a) the CEO's assessment of the major national health issues that are likely to arise during the period; and

(b) the manner in which the CEO proposes to perform his or her functions in dealing with those issues during the period; and

88 Section 17

Repeal the section.

89 Section 18

Repeal the section, substitute:

18 Approval and tabling of corporate plan

(1) After receiving a corporate plan for a period, the Minister must either:

(a) approve the plan; or

(b) request the CEO to give the Minister a different corporate plan for the same period.

(2) If the Minister requests the CEO to give the Minister a different corporate plan, the CEO must do so as soon as reasonably practicable.

(3) A corporate plan comes into force:

(a) immediately after the end of the period covered by the immediately preceding corporate plan that was in force; or

(b) when it is approved by the Minister, if the Minister approves it after the end of that period.

(4) The Minister must cause to be laid before each House of the Parliament a copy of a corporate plan he or she has approved, within 15 sitting days of that House after he or she approves it.

90 Section 19 (heading)

Repeal the heading, substitute:

19 Variation of corporate plan

91 Section 19

Omit "strategic plan" (wherever occurring), substitute "corporate plan".

92 At the end of subsection 42A(1)

Add:

Note: The CEO also has a duty to disclose interests under section 29 of the Public Governance, Performance and Accountability Act 2013 .

93 Subsection 42A(2)

Repeal the subsection.

94 At the end of subsection 42A(3)

Add:

Note: The member also has a duty to disclose interests under section 29 of the Public Governance, Performance and Accountability Act 2013 .

95 Subsection 42A(4)

Repeal the subsection.

96 Subsection 42A(5)

Omit "or (4)".

97 Subsections 42A(7) and (8)

Repeal the subsections ( not including the note).

98 Paragraph 44B(3)(b)

Repeal the paragraph, substitute:

(b) fails, without reasonable excuse, to comply with an obligation to disclose an interest under any of the following (as the case requires):

(i) section 42A or 76;

(ii) 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; or

99 Subsection 49(2)

100 Section 50 (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

101 Subsection 52(1)

Omit " Financial Management and Accountability Act 1997 (other than section 39 of that Act)", substitute " Public Governance, Performance and Accountability Act 2013 (other than section 58 of that Act which deals with investment by the Commonwealth)".

102 Section 83

Repeal the section, substitute:

83 Annual report

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

(a) details of the membership of the Council;

(b) details of the functions, composition and membership of each Principal Committee;

(d) details of any matter referred by the Minister to the CEO, the Council or a Principal Committee during the period under section 5D;

(e) details of any direction given by the Minister to the CEO, the Council or a Principal Committee during the period under section 5E;

(f) details of any guidelines or interim guidelines issued by the CEO during the period in the performance of the CEO's functions under paragraph 7(1)(a);

(g) details of all recommendations made by the CEO during the period to the Minister in the performance of the CEO's functions under paragraph 7(1)(c);

(h) a copy of the Commissioner's annual report to the CEO for the period;

(i) details of all action taken by the CEO in response to recommendations made by the Commissioner.

National Health Reform Act 2011

103 Subsection 8(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Commission. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

104 Paragraph 26(2)(b)

Omit "or".

105 Paragraph 26(2)(c)

Repeal the paragraph.

106 At the end of subsection 26(2)

Add:

Note: The appointment of a Commission Board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

107 Section 33

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

108 Section 43

Repeal the section, substitute:

43 Disclosure of interests

(1) A disclosure by the Commission CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Commission Board.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the Commission CEO is taken not to have complied with section 29 of that Act if the Commission CEO does not comply with subsection ( 1) of this section.

109 Paragraph 45(4)(c)

Repeal the paragraph, substitute:

(c) the Commission CEO 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; or

110 Section 52

Repeal the section, substitute:

52 Publishing reports and documents about performance of Commission's function

If:

(a) a report about a matter relating to the performance of the Commission's functions; or

(b) a document setting out information relating to the performance of the Commission's functions;

is given to the Minister under paragraph 19(1)(b) of the Public Governance, Performance and Accountability Act 2013 , the Minister may cause the report or document to be published (whether on the internet or otherwise).

111 Section 53

Repeal the section, substitute:

53 Annual report

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

(a) an assessment of the impact of the performance of each of the Commission's functions during the period; and

(b) an assessment of:

(i) the safety of health care services provided during the period; and

(ii) the quality of health care services provided during the period.

112 At the end of Part 2.6

Add:

54AA Corporate plan

(1) A work plan prepared under section 54 is not a corporate plan for the purposes of section 35 of the Public Governance, Performance and Accountability Act 2013 .

Note: The Commission Board must also prepare a corporate plan under that section.

(2) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the Commission Board.

113 Subsection 67(2) (note)

Repeal the note.

114 Section 76

Repeal the section, substitute:

76 Disclosure of interests

(1) A disclosure by a member of the Performance Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the member is taken not to have complied with section 29 of that Act if the member does not comply with subsection ( 1) of this section.

115 Section 77

Repeal the section.

116 Section 98

Repeal the section, substitute:

98 Disclosure of interests

(1) A disclosure by the Performance Authority CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Performance Authority.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the Performance Authority CEO is taken not to have complied with section 29 of that Act if the Performance Authority CEO does not comply with subsection ( 1) of this section.

117 Paragraph 100(2)(c)

Repeal the paragraph.

118 At the end of subsection 100(2)

Add:

Note: The appointment of the Performance Authority CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

119 Section 109

Repeal the section.

120 Section 111 (heading)

Repeal the heading, substitute:

111 Compilation of reports

121 Subsection 111(1)

Repeal the subsection.

122 Part 3.11 (heading)

Repeal the heading, substitute:

Part 3.11 -- Planning

123 At the end of Part 3.11

Add:

112AA Corporate plan

(1) A strategic plan prepared under section 112 is not a corporate plan for the purposes of section 35 of the Public Governance, Performance and Accountability Act 2013 .

Note: The Performance Authority CEO must also prepare a corporate plan under that section.

124 Paragraph 126(a)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

125 Subsection 135(2) (note)

Repeal the note.

126 Section 148

Repeal the section, substitute:

148 Disclosure of interests

(1) A disclosure by a member of the Pricing Authority under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

127 Section 149

Repeal the section.

128 Section 169

Repeal the section, substitute:

169 Disclosure of interests

(1) A disclosure by the Pricing Authority CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Pricing Authority.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the Pricing Authority CEO is taken not to have complied with section 29 of that Act if the Pricing Authority CEO does not comply with subsection ( 1) of this section.

129 Paragraph 171(3)(c)

Repeal the paragraph.

130 At the end of subsection 171(3)

Add:

Note: The appointment of the Pricing Authority CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

131 Part 4.13 (heading)

Repeal the heading, substitute:

Part 4.13 -- Reporting and planning

132 Section 209

Repeal the section, substitute:

209 Keeping the Standing Council on Health informed

(1) The Pricing Authority must keep the Standing Council on Health informed of the operations of the Pricing Authority.

(2) However, the Pricing Authority is not required to inform the Standing Council on Health about the performance of functions or exercise of powers under the Public Governance, Performance and Accountability Act 2013 .

Note: The Pricing Authority CEO has a duty, under section 19 of the Public Governance, Performance and Accountability Act 2013 , to keep the Minister and the Finance Minister informed of particular matters.

133 Subsection 211(1)

After "Pricing Authority", insert ", and the Pricing Authority CEO,".

134 Subsection 211(2)

Omit "under section 212", substitute "given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ".

135 Section 212

Repeal the section, substitute:

212 Corporate plan

Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the Pricing Authority CEO.

136 Paragraph 227(a)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

137 Section 260

Repeal the section, substitute:

260 Disclosure of interests

(1) A disclosure by the Funding Body CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Administrator.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the Funding Body CEO is taken not to have complied with section 29 of that Act if the Funding Body CEO does not comply with subsection ( 1) of this section.

138 Paragraph 262(4)(c)

Repeal the paragraph, substitute:

(c) the Funding Body CEO 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; or

139 After section 266

Insert:

Division 4 -- Reporting and planning

140 Section 267

Repeal the section, substitute:

267 Annual report

The Funding Body CEO must give to the responsible Ministers for the States and Territories a copy of each annual report that is prepared by the Funding Body CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 .

267A Corporate plan

141 Section 281

Repeal the section.

National Library Act 1960

142 Section 4 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

143 Subsection 5(1) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Library. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

144 At the end of section 14

Add:

(3) Section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials) does not apply in relation to a member elected by either House of the Parliament despite subsection 30(6) of that Act .

145 At the end of paragraphs 15(1)(a) and (c)

Add "or".

146 Paragraph 15(1)(d)

Omit "or".

147 Paragraph 15(1)(e)

Repeal the paragraph.

148 At the end of subsection 15(1)

Add:

Note: The appointment of a member (other than a member elected by either House of the Parliament) may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

149 Paragraph 17E(1)(aa)

Repeal the paragraph, substitute:

(aa) fails, without reasonable excuse, to comply with subsection ( 3); or

150 At the end of subsection 17E(1)

Add:

Note: The appointment of the Director - General may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

151 At the end of section 17E

Add:

(4) Subsection ( 3) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

152 Subsection 22(2)

Repeal the subsection, substitute:

National Museum of Australia Act 1980

153 Subsection 3(1) (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

154 Subsection 4(2) (note)

Repeal the note, substitute:

Note: The Public Governance, Performance and Accountability Act 2013 applies to the Museum. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

155 Subsection 9(5)

Repeal the subsection.

156 At the end of sections 9 and 9A

Add:

Note: Particulars of any disposals of historical material under this section must be included in the annual report (see section 38).

157 At the end of paragraph 17(2)(a)

Add "or".

158 Paragraph 17(2)(b)

Omit "or".

159 Paragraph 17(2)(c)

Repeal the paragraph.

160 At the end of subsection 17(2)

Add:

161 At the end of paragraphs 27(2)(a), (b) and (c)

Add "or".

162 Paragraph 27(2)(d)

Omit "or" (second occurring).

163 Paragraph 27(2)(e)

Repeal the paragraph.

164 At the end of subsection 27(2)

Add:

165 Subsection 34(4)

Omit "in accordance with subsection 18(2) of the Commonwealth Authorities and Companies Act 1997 ".

166 Subsection 35(2)

Repeal the subsection, substitute:

167 Subsection 37(1)

Omit "(1)".

168 Subsection 37(2)

Repeal the subsection.

169 Section 38

Repeal the section, substitute:

38 Annual report

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

(a) set out all directions given by the Minister to the Museum or the Council during the period; and

(b) include particulars of any disposals of historical material under section 9 or 9A during the period.

National Portrait Gallery of Australia Act 2012

170 Subsection 6(2) (note)

Repeal the note, substitute:

171 Paragraph 21(2)(b)

Omit "; or", substitute ".".

172 Paragraph 21(2)(c)

Repeal the paragraph.

173 At the end of subsection 21(2)

Add:

Note: The appointment of a Board member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

174 Paragraph 24(2)(a)

Omit "section 27J of the Commonwealth Authorities and Companies Act 1997 ", substitute "rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 ".

175 Section 28

Omit " Commonwealth Authorities and Companies Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

176 Section 37

Repeal the section, substitute:

37 Disclosure of interests

(1) A disclosure by the Director under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister and the Board.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the Director is taken not to have complied with section 29 of that Act if the Director does not comply with subsection ( 1) of this section.

177 Paragraph 39(1)(f)

Repeal the paragraph, substitute:

(f) if 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.

178 Section 44

Repeal the section, substitute:

44 Corporate plan

(1) The corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must include the matters (if any) as the Minister requires.

(2) The Minister may give the Board written guidelines that are to be used by the Board in deciding whether a matter is covered by a matter mentioned in subsection ( 1).

(3) A guideline under subsection ( 2) is not a legislative instrument.

179 Subsection 45(4)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

180 Subsection 46(2)

Repeal the subsection, substitute:

181 Subsection 47(2)

Repeal the subsection.

182 Section 49

Omit "Each annual report on the Gallery under section 9 of the Commonwealth Authorities and Companies Act 1997 ", substitute "The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ".

183 Paragraphs 49(a) and (b)

Omit "financial year", substitute "period".

National Radioactive Waste Management Act 2012

184 Subsection 34C(2)

185 Subsection 34D(1) (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

186 Subsection 34D(2) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

National Residue Survey Administration Act 1992

187 Title

Omit " Special Account ", substitute " special account ".

188 Subsection 6(2)

189 Section 7 (note)

Omit "Special Account if any of the purposes of the Account", substitute "special account if any of the purposes of the special account".

National Transport Commission Act 2003

190 Subsection 5(2) (note)

Repeal the note, substitute:

191 Subsection 19(2)

Repeal the subsection, substitute:

(2) If an ordinary member is absent from 3 consecutive meetings of the Commission, except on leave granted under section 20, the Minister may terminate the appointment of the member.

Note: The appointment of an ordinary member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

192 At the end of section 19

Add:

Termination under Public Governance, Performance and Accountability Act 2013

(4) Subsection ( 3) is taken to apply in relation to the termination of the appointment of an ordinary member under section 30 of the Public Governance, Performance and Accountability Act 2013 in the same way as that subsection applies to a termination under this section.

193 Division 1 of Part 4 (heading)

Repeal the heading, substitute:

Division 1 -- Corporate plans

194 Sections 23 and 24

Repeal the sections, substitute:

23 Draft corporate plan

(1) Before giving a corporate plan to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 , the members must prepare a draft corporate plan and give it to the Australian Transport Council.

(2) The members must consult the National Environment Protection Council in relation to the preparation of the draft corporate plan. This subsection has effect in addition to, and not instead of, section 9.

(3) Subsection 35(3) of the Public Governance, Performance and Accountability Act 2013 (which deals with the Australian Government's key priorities and objectives) does not apply to a corporate plan prepared by the members.

195 Section 25 (heading)

Repeal the heading, substitute:

25 Approval of draft corporate plan

196 Subsection 25(1)

Omit "strategic plan" (wherever occurring), substitute "corporate plan".

197 Subsection 25(2)

Repeal the subsection, substitute:

(2) If the Australian Transport Council refuses to approve the draft corporate plan, the Council must direct the members to:

(a) make such alterations to the draft corporate plan as are specified in the direction; and

(b) give the altered draft corporate plan to the Council within the period specified in the direction.

198 Subsection 25(3)

Omit "Commission", substitute "members".

199 Subsection 25(4)

Omit "strategic plan" (wherever occurring), substitute "corporate plan".

200 Subsections 25(5) and (6)

Repeal the subsections, substitute:

(5) The draft corporate plan or altered draft corporate plan, as the case may be, that is approved by the Australian Transport Council is to be given to the Minister under section 35 of the Public Governance, Performance and Accountability Act 2013 .

201 Subsection 33(3)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

202 Subsection 37(1)

Repeal the subsection, substitute:

(1) If the Australian Transport Council so directs, the Commission is to prepare estimates, in accordance with Council directions, of the Commission's receipts and expenditure for a period specified by the Council.

Note: Budget estimates must also be prepared under section 36 of the Public Governance, Performance and Accountability Act 2013 .

203 Paragraph 37(3)(a)

Omit "strategic plan under section 23", substitute "corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 ".

204 Subsection 38(1)

Omit "An annual report prepared by members under section 9 of the Commonwealth Authorities and Companies Act 1997 ", substitute "The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 ".

National Vocational Education and Training Regulator Act 2011

205 Section 3

Insert:

"corporate plan" means a corporate plan prepared by the Chief Executive Officer under section 35 of the Public Governance, Performance and Accountability Act 2013 .

206 Section 167

Repeal the section, substitute:

167 Disclosure of interests

(1) A disclosure by a Commissioner under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.

(2) Subsection ( 1) applies in addition to any rules made for the purposes of that section.

(3) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , a Commissioner is taken not to have complied with section 29 of that Act if the Commissioner does not comply with subsection ( 1) of this section.

207 Paragraph 170(1)(e)

Repeal the paragraph, substitute:

(e) the Commissioner 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.

208 Section 175

Repeal the section.

209 Section 215

Repeal the section, substitute:

215 Annual report

(1) The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following:

(a) an assessment of the extent to which the National VET Regulator's operations during the period have contributed to the objectives set out in the annual operational plan for the period;

(b) particulars of variations (if any) of the annual operational plan taking effect during the period;

(d) a report on whether the service standards have been met by the Regulator during the period, including reasons in any case where the service standards have not been met;

(e) details of the number of directions given to the Regulator by the Minister during the period;

(f) details of the number and types of matters relating to vocational education and training which the Commonwealth, State and Territory Education Ministers referred to the Regulator during the period;

(g) details of the number and types of matters relating to vocational education and training which the Ministerial Council referred to the Regulator during the period;

(h) a general description of the Regulator's response to the matters mentioned in paragraphs ( f) and (g).

(2) The Minister must give a copy of the report to the relevant Minister for each of the parties to the Ministerial Council (other than the Commonwealth) at the same time as the report is presented to the Parliament for the purposes of section 46 of the Public Governance, Performance and Accountability Act 2013 .

210 Part 11 (heading)

Repeal the heading, substitute:

Part 11 -- Corporate and annual operational plans

211 Division 1 of Part 11 (heading)

Repeal the heading, substitute:

Division 1 -- Corporate plans

212 Section 217

Repeal the section.

213 Section 218

Repeal the section, substitute:

218 Approval of corporate plan

(1) The Chief Executive Officer must give a copy of a corporate plan to the Minister for approval on or before:

(a) 31 January before the first reporting period to which the plan relates; or

(b) if allowed by the Minister--a later day, but not later than 31 March before the first reporting period to which the plan relates.

Note: The corporate plan is prepared under section 35 of the Public Governance, Performance and Accountability Act 2013 (see the definition of corporate plan in section 3 of this Act).

(2) A corporate plan comes into force on:

(a) the day on which it is approved by the Minister; or

(b) the first day of the period to which it relates;

whichever is later.

(3) In this section:

"reporting period" has the meaning given by the Public Governance, Performance and Accountability Act 2013 .

214 Section 219 (heading)

Repeal the heading, substitute:

219 Variation of corporate plan

215 Subsection 219(1)

Omit "National VET Regulator", substitute "Chief Executive Officer".

216 Subsection 219(1)

Omit "strategic plan", substitute "corporate plan".

217 Subsections 219(2) and (3)

Repeal the subsections, substitute:

(2) The Chief Executive Officer may, with the approval of the Minister, vary a corporate plan.

(3) The Minister may, at any time, request the Chief Executive Officer to vary a corporate plan, whether or not it has come into force.

218 Subsection 219(4)

Omit "strategic plan, the National VET Regulator", substitute "corporate plan, the Chief Executive Officer".

219 Subsection 219(5)

Omit "strategic plan", substitute "corporate plan".

220 Subsection 219(6)

Omit "National VET Regulator may vary a strategic plan", substitute "Chief Executive Officer may vary a corporate plan".

221 Subsection 219(7)

Repeal the subsection.

222 At the end of Division 1 of Part 11

Add:

219A Application of the Public Governance, Performance and Accountability Act 2013

223 Subsection 220(1)

Omit "National VET Regulator", substitute "Chief Executive Officer".

224 Paragraph 220(2)(a)

Omit "strategic plan", substitute "corporate plan".

225 Paragraph 220(2)(b)

Omit "as the Regulator", substitute "as the Chief Executive Officer".

226 Section 221

Repeal the section, substitute:

221 Variation of annual operational plan

If the Chief Executive Officer submits to the Minister proposals for variation of a corporate plan, the Chief Executive Officer must consequentially vary a relevant annual operational plan as required.

227 Section 222

Omit "strategic plan", substitute "corporate plan".

National Water Commission Act 2004

228 Section 9

Repeal the section.

229 Paragraph 18(1)(c)

Repeal the paragraph, substitute:

(c) if the Commissioner 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.

230 Section 22

Repeal the section.

231 Paragraph 32(1)(d)

Repeal the paragraph, substitute:

(d) if the CEO 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.

232 Section 33

Repeal the section.

233 Subsection 45(1)

Repeal the subsection, substitute:

(1) The annual report prepared by the CEO and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the matters set out in subsections ( 2) and (3).

234 Subsection 45(2)

Omit "during a year under this Act, then the report relating to that year", substitute "under this Act during the period, the report".

235 Subsection 45(3)

Omit "during a year, then the report relating to that year", substitute "during the period, the report".

236 After section 45

Insert:

45A Corporate plan

Nation - building Funds Act 2008

237 Section 4 (definition of bank )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

238 Section 4 (definition of drawing right )

Repeal the definition.

239 Section 4 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

240 Section 11 (note 2)

Before " Financial ", insert "repealed".

241 Subsection 13(2)

242 Subsection 13(2) (note)

Omit "Special Account" (wherever occurring), substitute "special account".

243 Subsection 17(1) (note)

Before " Financial ", insert "repealed".

244 Subsection 18(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

245 Section 19 (note 1)

Repeal the note, substitute:

Note 1: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

246 Section 20 (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

247 Subsection 34(6)

Omit "Section 39 of the Financial Management and Accountability Act 1997 ", substitute "Section 58 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by the Commonwealth)".

248 Section 46

Repeal the section.

249 Section 50

Omit:

• The Finance Minister must comply with general drawing rights limits.

substitute:

• The Finance Minister must comply with any debit limits that may be imposed by an Appropriation Act.

250 Subsection 61(2)

251 Subsection 62(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

252 Subsection 68(2)

253 Subsection 69(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

254 Subsection 75(2)

255 Subsection 76(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

256 Subsection 82(2)

257 Subsection 83(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

258 Sections 109 to 111

Repeal the sections, substitute:

109 Appropriation Acts may specify debit limits

(1) If an Appropriation Act relating to a financial year declares that a specified amount is the debit limit for the financial year for the purposes of this section, the total of the following amounts debited during the financial year must not exceed that limit:

(a) an amount debited from the Building Australia Fund Special Account for a purpose mentioned in paragraph 18(1)(a), (b), (d) or (e);

(b) an amount debited from the BAF Infrastructure Portfolio Special Account (other than a debit under section 91);

(c) an amount debited from the BAF Communications Portfolio Special Account for the purpose of making a payment in relation to the creation or development of communications infrastructure, other than:

(i) an amount debited for the purpose of making a payment in relation to an eligible national broadband network matter; or

(ii) an amount debited under section 96;

(d) an amount debited from the BAF Energy Portfolio Special Account (other than a debit under section 101);

(e) an amount debited from the BAF Water Portfolio Special Account (other than a debit under section 106);

(f) an amount debited from the COAG Reform Fund in accordance with subsection 92(2), 97(2), 102(2) or 107(2).

(2) If, for a financial year, there is no Appropriation Act relating to the financial year that specifies a debit limit for the financial year for the purposes of this section, an amount referred to in subsection ( 1) must not be debited from a Special Account or Fund.

(3) This section applies despite any provision of this Act or the Public Governance, Performance and Accountability Act 2013 .

259 Subsection 112(2)

Repeal the subsection, substitute:

Macroeconomic circumstances

(2) In making the decision, the Finance Minister must have regard to the principle that the total of the amounts referred to in subsection 109(1) debited during the financial year should depend primarily on the macroeconomic circumstances.

260 Subsection 121(3)

261 Subsection 132(2)

262 Subsection 132(2) (note)

Omit "Special Account" (wherever occurring), substitute "special account".

263 Subsection 136(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

264 Section 137 (note 1)

Repeal the note, substitute:

Note 1: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

265 Section 138 (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

266 Subsection 153(6)

267 Section 165

Repeal the section.

268 Section 169

Omit:

• The Finance Minister must comply with general drawing rights limits.

substitute:

• The Finance Minister must comply with any debit limits that may be imposed by an Appropriation Act.

269 Subsection 181(2)

270 Subsection 182(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

271 Subsection 188(2)

272 Subsection 189(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

273 Sections 199 to 201

Repeal the sections, substitute:

199 Appropriation Acts may specify debit limits

(a) an amount debited from the Education Investment Fund Special Account for a purpose mentioned in paragraph 136(1)(a), (b), (c), (d) or (e);

(b) an amount debited from the EIF Education Portfolio Special Account (other than a debit under section 196);

(d) an amount debited from the COAG Reform Fund in accordance with subsection 197(2).

(3) This section applies despite any provision of this Act or the Public Governance, Performance and Accountability Act 2013 .

274 Subsection 202(2)

Repeal the subsection, substitute:

Macroeconomic circumstances

(2) In making the decision, the Finance Minister must have regard to the principle that the total of the amounts referred to in subsection 199(1) debited during the financial year should depend primarily on the macroeconomic circumstances.

275 Subsection 206(3)

276 Subsection 215(2)

277 Subsection 215(2) (note)

Omit "Special Account" (wherever occurring), substitute "special account".

278 Subsection 218(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

279 Section 219 (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

280 Subsection 228(6)

281 Section 240

Repeal the section.

282 Section 244

Omit:

• The Finance Minister must comply with general drawing rights limits.

substitute:

• The Finance Minister must comply with any debit limits that may be imposed by an Appropriation Act.

283 Subsection 255(2)

284 Subsection 256(1) (note)

Repeal the note, substitute:

Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).

285 Sections 267 to 269

Repeal the sections, substitute:

267 Appropriation Acts may specify debit limits

(1) If an Appropriation Act relating to a financial year declares that a specified amount is the debit limit in relation to the financial year for the purposes of this section, the total of the following amounts debited during the financial year must not exceed that limit:

(a) an amount debited from the Health and Hospitals Fund Special Account for the purpose mentioned in paragraph 218(1)(a);

(b) an amount debited from the HHF Health Portfolio Special Account (other than a debit under section 264);

(3) This section applies despite any provision of this Act or the Public Governance, Performance and Accountability Act 2013 .

286 Subsection 270(2)

Repeal the subsection, substitute:

Macroeconomic circumstances

(2) In making the decision, the Finance Minister must have regard to the principle that the total of the amounts referred to in subsection 267(1) debited during the financial year should depend primarily on the macroeconomic circumstances.

287 Subsection 274(3)

288 Application

The following apply on and after 1 July 2015:

(a) the repeal of the definition of drawing right in section 4 of the Nation - building Funds Act 2008 made by this Schedule;

(b) the amendments to the following sections of the Nation - building Funds Act 2008 made by this Schedule:

(i) section 50;

(ii) sections 109 to 112;

(iii) section 169;

(iv) sections 199 to 202;

(v) section 244;

(vi) sections 267 to 270.

Native Title Act 1993

289 Section 106

Before "The", insert "(1)".

290 At the end of section 106

Add:

(2) The Registrar must also give written notice to the President of all material personal interests that the Registrar has that relate to the affairs of the Tribunal.

(3) Section 29 of the Public Governance, Performance and Accountability Act 2013 does not apply to the Registrar.

291 Paragraph 128(2)(a)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

292 Subsection 128(2) (note 1)

Repeal the note, substitute:

Note 1: For the purposes of the Public Governance, Performance and Accountability Act 2013 , the Registrar of the Federal Court is the accountable authority of the listed entity that includes the Native Title Registrar, the Deputy Registrars and the staff assisting the Tribunal.

293 Section 129A (note)

Omit "section 53 of the Financial Management and Accountability Act 1997 ", substitute "section 110 of the Public Governance, Performance and Accountability Act 2013 ".

294 Subsection 131A(1) (note)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

295 Subsection 133(3) (note)

Repeal the note.

296 Section 201A

Insert:

"officer" , in relation to a representative body that is registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 , has the same meaning as in that Act.

297 Subsection 203CB(2)

Repeal the subsection, substitute:

Investment

(2) The representative body may invest money received by it under this Division if:

(a) the money is not immediately required for the purposes of the body; and

(b) the money is invested:

(i) on deposit with a bank, including a deposit evidenced by a certificate of deposit; or

(ii) in securities of, or securities guaranteed by, the Commonwealth, a State or a Territory; or

(iii) in any other manner approved by the Finance Minister in writing.

298 Subsection 203CB(2A)

Omit " Financial Management and Accountability Act 1997 )", substitute " Public Governance, Performance and Accountability Act 2013 ) of a non - corporate Commonwealth entity (within the meaning of that Act)".

299 Subsection 203CB(4)

Repeal the subsection ( not including the heading), substitute:

(4) In this section:

"bank" has the same meaning as in the Public Governance, Performance and Accountability Act 2013 .

"Finance Minister" means the Minister who administers the Public Governance, Performance and Accountability Act 2013 .

300 Subsection 203EA(2)

Repeal the subsection.

301 Subsection 203EA(3)

Repeal the subsection, substitute:

(3) A director of the representative body who has a material personal interest in a matter that is being considered by the body's governing body:

(a) must not be present during any deliberation by the governing body on the matter; and

(b) must not take part in any decision of the governing body on the matter.

(4) However, a contravention of this provision does not affect the validity of any resolution.

(5) Subsection ( 3) applies instead of any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 which deal with the consequences of having a material personal interest in a matter that is being considered at a meeting of a governing body.

(6) To avoid doubt, this section does not otherwise affect the obligations imposed by the Public Governance, Performance and Accountability Act 2013 or any rules made for the purposes of that Act on a representative body that is a Commonwealth entity (within the meaning of that Act).

302 Subsection 203EB(2)

Repeal the subsection ( including the note), substitute:

Power to indemnify officers

(2) Except as provided in this section, a representative body may indemnify a person who is or has been an officer of the body from any liability incurred by the person as an officer of the body.

Exemptions not allowed

(3) A representative body, or a subsidiary of a representative body, must not exempt a person (whether directly or through an interposed entity) from a liability to the body incurred as an officer of the body.

When indemnity for liability (other than for legal costs) not allowed

(4) A representative body, or a subsidiary of a representative body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against any of the following liabilities incurred as an officer of the body:

(a) a liability owed to the body or a subsidiary of the body;

(b) a liability for:

(i) a civil penalty order under section 386 - 10 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

(ii) a compensation order under section 386 - 15 of that Act;

made in relation to a breach of subsection 265 - 1(1), 265 - 5(1) or (2), 265 - 10(1) or (2) or 265 - 15(1) or (2) of that Act;

(c) a liability that is owed to someone other than the body or a subsidiary of the body and did not arise out of conduct in good faith.

This subsection does not apply to a liability for legal costs.

When indemnity for legal costs not allowed

(5) A representative body, or a subsidiary of a representative body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against legal costs incurred in defending an action for a liability incurred as an officer of the body if the costs are incurred:

(a) in defending or resisting a proceedings in which the person is found to have a liability for which they could not be indemnified under subsection ( 4) of this section; or

(b) in defending or resisting criminal proceedings in which the person is found guilty; or

(c) in defending or resisting proceedings brought by the Registrar of Aboriginal and Torres Strait Islander Corporations under section 386 - 20 or subsection 386 - 55(8) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 for a court order if the grounds for making the order are found by the court to have been established; or

(d) in connection with proceedings for relief to the person under section 386 - 60 of that Act against an application under section 386 - 20 of that Act, or for relief to the person under section 576 - 1 of that Act, in which the Court denies the relief.

Paragraph ( c) does not apply to costs incurred in responding to actions taken by the Registrar of Aboriginal and Torres Strait Islander Corporations as part of an investigation before commencing proceedings for the court order.

(6) For the purposes of subsection ( 5), the outcome of proceedings is the outcome of the proceedings and any appeal in relation to the proceedings.

Insurance for certain liabilities of officers

(7) Except as provided in subsection ( 8), a representative body may insure a person who is or has been an officer against liabilities incurred by the person as an officer.

(8) A representative body, or a subsidiary of a representative body, must not pay, or agree to pay, a premium for a contract insuring a person who is, or has been, an officer of the body against a liability (other than one for legal costs) arising out of:

(a) conduct involving a wilful breach of duty in relation to the body; or

(b) a contravention of sections 265 - 10 and 265 - 15 respectively of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 .

This section applies to a premium whether it is paid directly or through an interposed entity.

Penalty: 5 penalty units.

(9) An offence based on subsection ( 8) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code .

Certain indemnities, exemptions, payments and agreements not authorised and certain documents void

(10) This section does not authorise anything that would otherwise be unlawful.

(11) Anything that purports to indemnify or insure a person against a liability or exempt them from a liability is void to the extent that it contravenes this section.

303 Section 203EC

Repeal the section.

Natural Heritage Trust of Australia Act 1997

304 Section 5

305 Subsection 6(1) (note)

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

306 Subsection 6(7)

Repeal the subsection.

307 Section 54 (definition of Finance Minister )

Omit " Financial Management and Accountability Act 1997 ", substitute " Public Governance, Performance and Accountability Act 2013 ".

Natural Resources Management (Financial Assistance) Act 1992

308 Subsection 11(2)