Public Governance, Performance and Accountability Act 2013
In this Act:
accountable authority
: see subsection
12(2)
.
accounting standards
means the accounting standards issued by the Australian Accounting Standards Board, as in force or applicable from time to time.
Agency Head
has the meaning given by section
7
of the
Public Service Act 1999
.
arrangement
: see subsection
23(2)
.
authorised investment
: see subsection
58(8)
.
(a) an authorised deposit-taking institution (within the meaning of the Banking Act 1959 ); or
(b) the Reserve Bank of Australia; or
(c) a person who carries on the business of banking outside Australia.
bankable money
: see subsection
55(2)
.
Commonwealth company
: see subsection
89(1)
.
Commonwealth entity
: see subsections
10(1)
and
(2)
.
controls
: see subsection
89(2)
.
corporate Commonwealth entity
: see paragraph
11(a)
.
Corporations Act company
means a body corporate that is incorporated, or taken to be incorporated, under the
Corporations Act 2001
.
CRF
(short for Consolidated Revenue Fund) means the Consolidated Revenue Fund referred to in section
81
of the Constitution.
(a) includes any body (except a body corporate), person, group of persons or organisation that is prescribed by an Act or the rules in relation to a specified Department of State; and
(b) excludes any part of a Department of State that is a listed entity.
director
of a Commonwealth company has the meaning given by the
Corporations Act 2001
.
eligible delegate
: see subsection
108(2)
.
enabling legislation
for a Commonwealth entity that is established by or under an Act or legislative instrument means that Act or legislative instrument.
(a) this Act; or
(b) the rules; or
(c) any instrument made under this Act; or
(d) an Appropriation Act.
Finance Minister
means the Minister who administers this Act.
Finance Secretary
means the Secretary of the Department.
Future Fund Board of Guardians
means the Future Fund Board of Guardians established by section 34 of the
Future Fund Act 2006
.
governing body
of a corporate Commonwealth entity means:
(a) for a corporate Commonwealth entity that has a board, council or other governing body - that board, council or governing body; and
(b) otherwise - all of the members of the entity.
government business enterprise
means a Commonwealth entity or Commonwealth company that is prescribed by the rules.
government policy order
: see subsections
22(1)
and
93(1)
.
GST
has the same meaning as in the GST Act.
GST Act
means the
A New Tax System (Goods and Services Tax) Act 1999
, as it applies because of Division
177
of that Act.
Note:
Under Division 177 of the GST Act, that Act applies notionally to the Commonwealth and Commonwealth entities. They are therefore notionally liable to pay GST, are notionally entitled to input tax credits and notionally have adjustments.
GST qualifying amount
: see subsection
74A(3)
.
intelligence or security agency
has the same meaning as in section
85ZL
of the
Crimes Act 1914
.
(a) any body (except a body corporate), person, group of persons or organisation (whether or not part of a Department of State); or
(b) any combination of bodies (except bodies corporate), persons, groups of persons or organisations (whether or not part of a Department of State);
that is prescribed by an Act or the rules to be a listed entity.
listed law enforcement agency
means a law enforcement agency (within the meaning of section
85ZL
of the
Crimes Act 1914
) that is prescribed by the rules.
Minister
includes a Presiding Officer.
money
includes cheques and similar instruments.
non-corporate Commonwealth entity
: see paragraph
11(b)
.
official
: see subsections
13(2)
,
(3)
,
(4)
and
(5)
.
other CRF money
: see subsection
105(2)
.
Parliamentary Department
means a Department of the Parliament established under the
Parliamentary Service Act 1999
and includes any body (except a body corporate), person, group of persons or organisation that is prescribed by an Act or the rules in relation to a specified Parliamentary Department.
Presiding Officer
means the President of the Senate or the Speaker of the House of Representatives.
proper
, when used in relation to the use or management of public resources, means efficient, effective, economical and ethical.
public resources
means relevant money, relevant property, or appropriations.
purposes
of a Commonwealth entity or Commonwealth company includes the objectives, functions or role of the entity or company.
relevant body
: see subsection
72(2)
.
relevant company
: see subsection
85(2)
.
(a) money standing to the credit of any bank account of the Commonwealth or a corporate Commonwealth entity; or
(b) money that is held by the Commonwealth or a corporate Commonwealth entity.
(a) property (other than relevant money) that is owned or held by the Commonwealth or a corporate Commonwealth entity; or
(b) any other thing prescribed by the rules.
reporting period
for a Commonwealth entity, a Commonwealth company, or a subsidiary of a corporate Commonwealth entity or Commonwealth company, means:
(a) the period of 12 months commencing on 1 July; or
(b) any other period prescribed by an Act or the rules for the entity, company or subsidiary.
responsible Minister
for a Commonwealth entity or Commonwealth company means the Minister who is responsible for the entity or company, unless otherwise prescribed by the rules.
rules
means the rules made under section
101
.
(a) a special account that is established by the Finance Minister under section 78 ; or
(b) a special account that is established by an Act (including this Act).
spending limit provision
: see subsection
59(3)
.
subsidiary
of a corporate Commonwealth entity or a Commonwealth company means an entity that is controlled by the corporate Commonwealth entity or Commonwealth company. For this purpose,
entity
and
control
have the same meanings as in the accounting standard that applies for the purpose of deciding whether a company has to prepare consolidated financial statements under the
Corporations Act 2001
.
wholly-owned Commonwealth company
: see section
90
.
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