Senate

Revised Explanatory Memorandum

(Circulated with the authority of the Minister for Finance and Deregulation, Senator the Hon Penny Wong)

III. Overview of Amendments in Schedules

15. The following overview of amendments proposed in Schedules 1 - 8 of the Bill is provided in general terms, rather than by item number. Parts IV - X of this Explanatory Memorandum contain a description of the Schedules of the Bill, organised by item number.

Schedule 1 - Amending the Commonwealth Authorities and Companies Act 1997

16. Schedule 1 amends the Commonwealth Authorities and Companies Act 1997 (CAC Act) to provide that the content requirements of a Government Business Enterprise's corporate plan are to be specified in regulations, rather than in the CAC Act.

Schedule 2 - Amending the Financial Management and Accountability Act 1997 ....

17. Schedule 2 amends the Financial Management and Accountability Act 1997 (FMA Act) to move various matters from the Legislative Instruments Act 2003 (Legislative Instruments Act) into the FMA Act regarding the sunsetting and disallowance arrangements of two kinds of legislative instruments (determinations and guidelines issued under the FMA Act or under its regulations), and provides that Chief Executive's instructions are not legislative instruments. Schedule 2 also includes an amendment to the FMA Act to clarify that the external auditor of an FMA Act agency is the Auditor-General.

Schedule 3 - Amending the Legislative Instruments Act 2003

18. Schedule 3 amends the Legislative Instruments Act to remove existing exemptions to the sunsetting and disallowance provisions within the Legislative Instruments Act that will be made redundant by the proposed amendments to move those arrangements into the FMA Act, as contained in Schedule 2 of the FFLA Bill 2011.

Schedule 4 - Amending the Primary Industries ( Excise ) Levies Act 1999

19. Schedule 4 amends the Primary Industries (Excise) Levies Act 1999 (Excise Levies Act) to repeal a redundant definition within Schedule 6 of the Excise Levies Act to the 'Australian Bureau of Agriculture and Resource Economics' (ABARE).

Schedule 5 - Amending the Renewable Energy ( Electricity ) Act 2000

20. Schedule 5 amends the Renewable Energy (Electricity) Act 2000 (Electricity Act), to remove the reference to ABARE in the Electricity Act, and makes reference, instead, to the current name, which is the 'Australian Bureau of Agricultural and Resource Economics and Sciences' (ABARES).

Schedule 6 - Amending the Science and Industry Research Act 1949

21. Schedule 6 amends the Science and Industry Research Act 1949 (CSIRO Act) to repeal a redundant paragraph in the CSIRO Act requiring the annual report of the Commonwealth Scientific and Industrial Research Organisation (CSIRO) to include any policies notified by the Minister under section 28 of the CAC Act. This paragraph needs updating due to laws that already require any policies notified by the Minister to be included in CSIRO's annual report. Schedule 6 also seeks to make technical amendments to section 51 of the CSIRO Act, to improve how the provision can be read and understood.

Schedule 7 - Amending the Wheat Export Marketing Act 2008

22. Schedule 7 amends the Wheat Export Marketing Act 2008 so that the Wheat Exports Australia Special Account (Wheat Special Account) can be credited for amounts that are consistent with the range of purposes that allows for debiting the Wheat Special Account.

Schedule 8 - Amending the Wine Australia Corporation Act 1980

23. Schedule 8 amends the Wine Australia Corporation Act 1980 to update the circumstances in which the Wine Australia Corporation (Wine Australia) must provide the responsible Minister with a copy of the Wine Australia's annual operational plan. Schedule 8 also makes the appointment of any member of the Geographical Indications Committee for a fixed period not exceeding 3 years.