Public Governance, Performance and Accountability Amendment Act 2014 (58 of 2014)

Schedule 1   Public Governance, Performance and Accountability Act 2013

72   After Part 4-1

Insert:

Part 4-1A - Other instruments

Division 1 - Guide to this Part

105A Guide to this Part

This Part is about some other instruments that may be made under this Act.

It provides a power to make instruments about procurement by the Commonwealth, certain corporate Commonwealth entities or certain wholly-owned Commonwealth companies (see section 105B).

It also provides a power to make instruments about grants by the Commonwealth (see section 105C).

Finally, it provides a power to make instruments modifying the operation of this Act, the rules and instruments made under sections 105B and 105C in relation to intelligence or security agencies and listed law enforcement agencies (see section 105D).

Division 2 - Instruments relating to procurement

105B Instruments relating to procurement

(1) The Finance Minister may, by written instrument, make provision about procurement by:

(a) the Commonwealth; or

(b) corporate Commonwealth entities prescribed by the rules; or

(c) wholly-owned Commonwealth companies prescribed by the rules.

(2) An instrument under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to it.

Division 3 - Instruments relating to grants

105C Instruments relating to grants

(1) The Finance Minister may, by written instrument, make provision about grants by the Commonwealth.

(2) An instrument under subsection (1) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to it.

Division 4 - Instruments relating to intelligence or security agencies or listed law enforcement agencies

105D Instruments relating to intelligence or security agencies or listed law enforcement agencies

(1) This section applies in relation to an activity (the designated activity ) determined under subsection (2) of the following entities:

(a) an intelligence or security agency that is a Commonwealth entity;

(b) a listed law enforcement agency that is a Commonwealth entity;

(c) a Commonwealth entity of which a part is an intelligence or security agency.

Determination of designated activities

(2) The responsible Minister for a Commonwealth entity referred to in subsection (1) may, by written instrument, determine that an activity of the entity is a designated activity if the Minister is satisfied that the activity is engaged in for the purposes of:

(a) for paragraph (1)(a) or (b) - the entity; or

(b) for paragraph (1)(c) - the part of the entity.

Determination modifying this Act and other instruments

(3) The Finance Minister may determine, by written instrument, modifications of the following in relation to a designated activity of a Commonwealth entity:

(a) Part 2-3 (which deals with planning, performance and accountability);

(b) Part 2-4 (which deals with the management of public resources);

(c) Part 2-7 (which deals with companies, subsidiaries and new corporate Commonwealth entities);

(d) Chapter 3 (which deals with Commonwealth companies);

(e) any other provision of this Act prescribed by the rules;

(f) the rules;

(g) an instrument made under section 105B or 105C (which deal with procurement and grants).

Note: Modifications is defined in section 2B of the Acts Interpretation Act 1901.

(4) A determination under subsection (3) that relates to a Commonwealth entity may also include:

(a) a delegation of a power, function or duty under section 107 to an official of the entity; and

(b) any direction to the official under that section.

Review of determinations

(5) A determination under subsection (2) or (3) must be reviewed:

(a) at least once every 3 years; or

(b) if the activities of the entity change significantly.

Determinations not legislative instruments

(6) A determination under subsection (2) or (3) is not a legislative instrument.