A Bill for an Act to amend the law relating to the
Commonwealth’s financial framework and governance arrangements, and for other
purposes
The Parliament of Australia enacts:
1
Short title
This Act may be cited as the Financial
Framework Legislation Amendment Act (No. 1) 2012.
2
Commencement
(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.
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Commencement information
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Column 1
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Column 2
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Column 3
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Provision(s)
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Commencement
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Date/Details
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1. Sections 1 to 3 and anything in this Act not
elsewhere covered by this table
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The day this Act receives the Royal Assent.
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2. Schedule 1
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A single day to be fixed by Proclamation.
However, if the provision(s) do not commence within the
period of 6 months beginning on the day this Act receives the Royal Assent,
they commence on the day after the end of that period.
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3. Schedule 2, Part 1
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The day after this Act receives the Royal Assent.
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4. Schedule 2, Part 2
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A single day to be fixed by Proclamation.
However, if the provision(s) do not commence within the
period of 6 months beginning on the day this Act receives the Royal Assent,
they commence on the day after the end of that period.
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5. Schedule 3, item 1
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Immediately after the
time specified in the Financial Framework Legislation Amendment Act 2010 for
the commencement of item 7 of Schedule 5 to that Act.
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1 March 2011
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6. Schedule 3, item 2
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Immediately after the
time specified in the Financial Framework Legislation Amendment Act 2010 for
the commencement of item 8 of Schedule 5 to that Act.
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1 March 2011
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7. Schedule 4
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The day after this Act receives the Royal Assent.
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8. Schedule 5
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The day this Act receives the Royal Assent.
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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) 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.
3
Schedule(s)
Each Act that is specified in a Schedule
to this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Schedule 1—Auditor‑General Act 1997
1 Paragraph 21(1)(c)
Repeal the paragraph, substitute:
(c) any other company that the
Commonwealth controls (as defined in section 34 of the Commonwealth
Authorities and Companies Act 1997).
2 Application
The amendment made by item 1 of this Schedule applies in
respect of appointments accepted on or after the commencement of that item.
Schedule 2—Commonwealth Authorities and Companies Act 1997
Part 1—Estimates
1 Subsection 14(1)
Omit “responsible Minister”, substitute “Finance Minister”.
2 Paragraph 14(2)(a)
Omit “responsible Minister”, substitute “Finance Minister”.
3 Paragraph 14(2)(b)
Omit “responsible Minister” (wherever occurring), substitute “Finance
Minister”.
4 Subsection 39(1)
Omit “responsible Minister”, substitute “Finance Minister”.
5 Paragraph 39(2)(a)
Omit “responsible Minister”, substitute “Finance Minister”.
6 Paragraph 39(2)(b)
Omit “responsible Minister” (wherever occurring), substitute “Finance
Minister”.
7 Application
The amendments made by this Part apply in relation to the
following:
(a) budget estimates for a financial
year starting on or after 1 July 2012;
(b) budget estimates for any other period
starting after 1 July 2012 in respect of which a direction is given on or
after the commencement of this Part.
Part 2—Requirement to notify of significant events
8 Section 15
Repeal the section, substitute:
15
Responsible Minister to be notified of significant events
(1) If a Commonwealth authority, or any of
its subsidiaries, decides to do any of the following things, the directors of
the Commonwealth authority must immediately give the responsible Minister
written particulars of the decision:
(a) form a company or participate in
the formation of a company;
(b) participate in a significant
partnership, trust, unincorporated joint venture or similar arrangement;
(c) acquire or dispose of a
significant shareholding in a company;
(d) acquire or dispose of a significant
business;
(e) commence or cease a significant
business activity;
(f) make a significant change in the
nature or extent of its interest in a significant partnership, trust,
unincorporated joint venture or similar arrangement.
(2) The responsible Minister may give written
guidelines to the directors that are to be used by the directors in deciding
whether particulars are required to be given under subsection (1).
9 Paragraph 33A(2)(b)
Omit “of a proposal mentioned in subsection 15(1)”, substitute “under
subsection 15(1)”.
10 Section 40
Repeal the section, substitute:
40
Responsible Minister to be notified of significant events
(1) If a wholly‑owned Commonwealth company,
or any of its subsidiaries, decides to do any of the following things, the
directors of the Commonwealth company must immediately give the responsible
Minister written particulars of the decision:
(a) form a company or participate in
the formation of a company;
(b) participate in a significant
partnership, trust, unincorporated joint venture or similar arrangement;
(c) acquire or dispose of a
significant shareholding in a company;
(d) acquire or dispose of a
significant business;
(e) commence or cease a significant
business activity;
(f) make a significant change in the
nature or extent of its interest in a significant partnership, trust,
unincorporated joint venture or similar arrangement.
(2) The responsible Minister may give written
guidelines to the directors that are to be used by the directors in deciding
whether particulars are required to be given under subsection (1).
11 Application
The amendments made by this Part apply in respect of decisions made
on or after 1 July 2012.
12 Transitional—guidelines under section 15
(1) This item applies to guidelines if:
(a) the guidelines were made under
section 15 of the Commonwealth Authorities and Companies Act 1997;
and
(b) the guidelines were in force
immediately before the commencement of this Part.
(2) The guidelines have effect, after the commencement
of this Part, as if they had been made under section 15 of the Commonwealth
Authorities and Companies Act 1997 as amended by this Part.
13 Transitional—regulations under section 33A
(1) This item applies to regulations if:
(a) the regulations were made under
section 33A of the Commonwealth Authorities and Companies Act 1997;
and
(b) the regulations were in force
immediately before the commencement of this Part.
(2) The regulations continue in force, after the
commencement of this Part, as if they had been made under section 33A of
the Commonwealth Authorities and Companies Act 1997 as amended by this Part.
14 Transitional—guidelines under section 40
(1) This item applies to guidelines if:
(a) the guidelines were made under
section 40 of the Commonwealth Authorities and Companies Act 1997;
and
(b) the guidelines were in force
immediately before the commencement of this Part.
(2) The guidelines have effect, after the commencement
of this Part, as if they had been made under section 40 of the Commonwealth
Authorities and Companies Act 1997 as amended by this Part.
Schedule 3—Financial Framework Legislation Amendment Act 2010
1 Item 7 of Schedule 5
Omit “or”, substitute “and”.
Note: This item fixes a misdescribed amendment.
2 Item 8 of Schedule 5
Omit “and”, substitute “or”.
Note: This item fixes a misdescribed amendment.
Schedule 4—Financial Management and Accountability Act 1997
1 Section 5
Insert:
designated Special Account appropriation
means an appropriation under section 21 of this Act that relates to:
(a) the COAG Reform Fund established
by the COAG Reform Fund Act 2008; or
(b) a Special Account established by
the Nation‑building Funds Act 2008.
2 Subsection 12(2) (note)
Repeal the note.
3 Subsection 22(4)
Repeal the subsection, substitute:
(4) If neither House passes such a
resolution, the determination takes effect:
(a) on the day immediately after the
last day upon which such a resolution could have been passed; or
(b) if a later day is specified in the
determination—on that later day.
4 Paragraphs 26(b) and (c)
Omit “an appropriation”, substitute “a designated Special Account
appropriation”.
5 Section 26 (penalty)
Repeal the penalty.
6 Section 26 (note)
Repeal the note.
7 Paragraphs 27(1)(b) and (c)
Omit “an appropriation”, substitute “a designated Special Account
appropriation”.
8 Subsection 27(5)
Repeal the subsection, substitute:
(5) A drawing right has no effect to the
extent to which it purports to authorise the making of a payment of public
money for which there is no available appropriation.
9 Subsection 32A(4) (heading)
Repeal the heading, substitute:
Retaining prescribed receipts
10 After section 34
Insert:
35 Set
off
(1) If:
(a) an amount (the first amount)
is owing to the Commonwealth by a person; and
(b) an amount (the second amount)
is owing by the Commonwealth to the person;
the Finance Minister may, on behalf of the Commonwealth,
set off the whole or a part of the first amount against the whole or a part of
the second amount.
Exceptions
(2) Paragraph (1)(b) does not apply in
relation to a payment if:
(a) a law of the Commonwealth provides
that the payment is absolutely inalienable; or
(b) a law of the Commonwealth provides
that the payment is inalienable; or
(c) a law of the Commonwealth provides
that the right to the payment cannot be assigned; or
(d) a law of the Commonwealth provides
that the payment cannot be assigned.
Definitions
(3) In this section:
amount owing by the Commonwealth includes an
amount that is owing but not yet due for payment.
amount owing to the Commonwealth includes an
amount that is owing but not yet due for payment.
Note: See also subparagraph 65(2)(a)(iaa) (which
allows regulations to be made about the Finance Minister considering a report
from specified persons before setting off under this section, in a case where
the amount of the set‑off is more than a specified amount).
11 Section 44 (heading)
Repeal the heading, substitute:
44
Promoting proper use of Commonwealth resources
12 Subsection 62(1)
Repeal the subsection, substitute:
(1) The Finance Minister may, by written
instrument, delegate to an official any of the Finance Minister’s powers or
functions under this Act, except:
(a) the power to issue Special
Instructions under section 16; or
(b) the power to make a determination
under section 20; or
(c) a function under subsection
39A(1); or
(d) the power to make Orders under
section 63.
13 After subparagraph 65(2)(ia)
Insert:
(iaa) the Finance Minister
considering a report from specified persons before setting off under section 35,
in a case where the amount of the set‑off is more than a specified amount;
14 Application—item 3
The amendment made by item 3 of this Schedule applies
to determinations made on or after the commencement of that item.
15 Transitional—delegations under section 62
(1) This item applies to a delegation if:
(a) the delegation was made under
subsection 62(1) of the Financial Management and Accountability Act 1997;
and
(b) the delegation was in force
immediately before the commencement of item 12 of this Schedule.
(2) The delegation has effect, after the commencement of
this item, as if it had been made under subsection 62(1) of the Financial
Management and Accountability Act 1997 as amended by item 12 of
this Schedule.
Schedule 5—Repeal of Acts
Appropriation (Development Bank) Act
1975
1 The whole of the Act
Repeal the Act.
Car Dealership Financing Guarantee
Appropriation Act 2009
2 The whole of the Act
Repeal the Act.