Public Governance, Performance and Accountability Act 2013

CHAPTER 1 - INTRODUCTION

PART 1-1 - INTRODUCTION

Division 1 - Preliminary

SECTION 1

1 SHORT TITLE
This Act may be cited as the Public Governance, Performance and Accountability Act 2013.

SECTION 2 COMMENCEMENT

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

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 5 and anything in this Act not elsewhere covered by this table	1 July 2013.	1 July 2013
2. Sections 6 to 112	A single day to be fixed by Proclamation. However, if the commencement of the provision(s) is not fixed by Proclamation before 1 July 2014, the provision(s) commence on 1 July 2014.	1 July 2014 (see F2014L00848)

Note:

This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

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

SECTION 3

3 THIS ACT BINDS THE CROWN
This Act binds the Crown in right of the Commonwealth.

SECTION 4

4 THIS ACT EXTENDS TO THINGS OUTSIDE AUSTRALIA
This Act extends to acts, omissions, matters and things outside Australia.

Division 2 - Objects of this Act

SECTION 5

5 OBJECTS OF THIS ACT
The objects of this Act are:

(a) to establish a coherent system of governance and accountability across Commonwealth entities; and

(b) to establish a performance framework across Commonwealth entities; and

(c) to require the Commonwealth and Commonwealth entities:

(i) to meet high standards of governance, performance and accountability; and

(ii) to provide meaningful information to the Parliament and the public; and

(iii) to use and manage public resources properly; and

(iv) to work cooperatively with others to achieve common objectives, where practicable; and

(d) to require Commonwealth companies to meet high standards of governance, performance and accountability.

Division 3 - Guide to this Act

SECTION 6

6 GUIDE TO THIS ACT

Overview

This Act is mainly about the governance, performance and accountability of Commonwealth entities.

It is also about:

• the use and management of public resources by the Commonwealth and Commonwealth entities; and

• the accountability of Commonwealth companies.

Many of the terms in this Act are defined. The Dictionary in section 8 contains a list of every term that is defined in this Act.

Chapter 2 - Commonwealth entities and the Commonwealth

Part 2-1 - Core provisions for Chapter 2

Part 2-1 has the core provisions for Chapter 2 (which is mainly about Commonwealth entities but does have some provisions relating to the Commonwealth specifically). It:

• defines what a Commonwealth entity is (see section 10); and

• defines what the 2 types of Commonwealth entities - corporate Commonwealth entities and non-corporate Commonwealth entities - are (see section 11); and

• defines who the accountable authority of the entity is (see section 12); and

• defines who the officials of the entity are (see section 13).

Part 2-2 - Accountable authorities and officials

Part 2-2 is about the accountable authorities and officials of Commonwealth entities. It mainly deals with the general duties that are imposed on accountable authorities and officials.

Part 2-3 - Planning, performance and accountability

Part 2-3 is about planning by, and performance and accountability of, Commonwealth entities. It requires the accountable authority of a Commonwealth entity:

• to prepare a corporate plan, and budget estimates, for the entity; and

• to measure and assess the performance of the entity, and prepare annual performance statements for the entity; and

• to prepare annual financial statements for the entity; and

• to prepare an annual report for the entity.

It also requires the Finance Minister to publish monthly financial reports and table annual consolidated statements in the Parliament.

Part 2-4 - Use and management of public resources

Part 2-4 is about the use and management of public resources by the Commonwealth and Commonwealth entities. It deals with:

• banking, borrowing, investments, indemnities, guarantees and warranties by the Commonwealth and corporate Commonwealth entities, and insurance obtained by corporate Commonwealth entities; and

• waivers, set-offs and act of grace payments by the Commonwealth.

It also has special provisions that apply to Ministers or officials of non-corporate Commonwealth entities (for example in relation to making gifts and liability for loss).

Part 2-5 - Appropriations

Part 2-5 has some specific provisions relating to appropriations of the CRF. In particular, it deals with special accounts.

Part 2-6 - Cooperating with other jurisdictions

Part 2-6 is about the Commonwealth and Commonwealth entities cooperating with the States and Territories. It allows the rules to prescribe situations where the accountable authority of a Commonwealth entity is required to share information with the States and Territories. It also prohibits the Commonwealth from preventing State or Territory Auditors-General from conducting audits in certain situations.

Part 2-7 - Companies, subsidiaries and new corporate Commonwealth entities

Part 2-7 has provisions relating to the Commonwealth's involvement in companies, the responsibility of corporate Commonwealth entities for their subsidiaries, and the creation of new corporate Commonwealth entities.

Chapter 3 - Commonwealth companies

Part 3-1 - General

Part 3-1 has the core provisions for Chapter 3 (which is about Commonwealth companies). It:

• defines what a Commonwealth company is (see subsection 89(1)); and

• defines what a wholly-owned Commonwealth company is (see section 90).

It also has some requirements that apply to the directors of wholly-owned Commonwealth companies.

Part 3-2 - Planning and accountability

Part 3-2 is about planning by, and the accountability of, Commonwealth companies. It requires the directors of a Commonwealth company:

• to prepare a corporate plan and, in the case of a wholly-owned Commonwealth company, budget estimates for the company; and

• to prepare an annual report for the company.

Chapter 4 - Rules, delegations and independent review

Part 4-1 - The rules

Part 4-1 is about the rules. It provides the general power to make the rules and provides additional matters in relation to which rules can be made.

Part 4-2 - Delegations

Part 4-2 is about delegations. It sets out when the Finance Minister, the Treasurer, the Finance Secretary and the accountable authority of a non-corporate Commonwealth entity may delegate a power, function or duty under this Act or the rules.

Part 4-3 - Independent review

Part 4-3 requires the Finance Minister, in consultation with the Joint Committee of Public Accounts and Audit, to conduct an independent review of the operation of this Act and the rules.

PART 1-2 - DEFINITIONS

Division 1 - Guide to this Part

SECTION 7

7 GUIDE TO THIS PART

This Part is about the terms that are defined in this Act.

Division 2 has the Dictionary (see section 8). The Dictionary is a list of every term that is defined in this Act. A term will either be defined in the Dictionary itself, or in another provision of this Act. If another provision defines the term, the Dictionary will have a signpost to that definition.

Division 2 - The Dictionary

SECTION 8

8 THE DICTIONARY

Accountable authorities
Item	If the Commonwealth entity is:	then the accountable authority of the entity is:
1	a Department of State	the Secretary of the Department.
2	a Parliamentary Department	the Secretary of the Department.
3	a listed entity	the person or group of persons prescribed by an Act or the rules to be the accountable authority of the entity.
4	a bodycorporate	the governing body of the entity, unless otherwise prescribed by an Act or the rules.

Public Governance, Performance and Accountability Act 2013

Note:

Note:

Note:

Note:

Note:

Note 1:

Note 2:

Note:

Note:

Note 1:

Note 2:

Note:

Note:

Note:

Note:

Note:

Note:

Note:

Note:

Note:

Note 1:

Note 2:

Note:

Note:

Note:

Note:

Note 1:

Note 2:

Note:

Note:

Note:

Note: