{"id":"F2016L01626","name":"Public Governance, Performance and Accountability (Relevant Company) Rule 2016","slug":"public-governance-performance-and-accountability-relevant-company-rule-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95289,"registerId":"commonwealth-F2016L01626-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Public Governance, Performance and Accountability (Relevant Company) Rule 2016.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Public Governance, Performance and Accountability Act 2013.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n Act means the Public Governance, Performance and Accountability Act 2013.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Relevant company","content":"#### 5 Relevant company\n\n For the purposes of subsection 85(2) of the Act, a company is a relevant company if:\n (a) it is of a kind mentioned in column 2 of an item in the following table; and\n (b) its objects or proposed activities are of a kind mentioned in column 3 of the item.\n\n```html\n

Relevant companies

Column 1

Column 2

Column 3

Item

Kind of company

The company’s objects or proposed activities

1

A company limited by shares

To conduct world‑leading quantum computing research by:

(a) developing and commercialising a prototype 10‑qubit silicon quantum integrated circuit; and

(b) developing and commercialising applications of the prototype, including for use and exploitation in the development and applications of a silicon‑based quantum computer and associated intellectual property

3

A company limited by shares

To manage infrastructure to support current and future shipbuilding and submarine programs

4

A company limited by guarantee

To undertake research on, and develop, technologies relevant to Australia’s defence and national security sectors

5

A company limited by shares or guarantee

To assist with the performance of the functions, or the exercise of the powers, of:

(a) an intelligence or security agency; or

(b) a listed law enforcement agency

6

A company limited by shares

To develop and maintain sovereign ship design and construction capabilities and to undertake shipbuilding projects and related activities

7

A company limited by shares

To:

(a) own, operate and maintain a fibre optic cable system between the following places:

(i) Sydney, Australia;

(ii) Port Moresby, Papua New Guinea;

(iii) Honiara, Solomon Islands; and

(b) make the fibre optic cable system available in the telecommunications markets in Papua New Guinea and Solomon Islands

8

A company limited by guarantee

To strengthen the national education evidence base for school and early childhood education, including through:

(a) collaborating with government, the school and early childhood education sector, the vocational education and training sector, the higher‑education and research sector and philanthropic organisations; and

(b) developing and implementing a national agenda relating to research; and

(c) mobilising high‑quality resources for school and early childhood education; and

(d) supporting teaching and learning in school and early childhood education

9

A company limited by shares

To:

(a) undertake research on, design, manufacture, assemble, develop, support, maintain and provide other services in relation to radar and communications systems and products:

(i) for Australia’s defence and national security; or

(ii) to be exported;

and to undertake related activities; or

(b) acquire and hold shares in a company with these objects.

\n```","sortOrder":3}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument specifies, by table, which companies qualify as a 'relevant company' for subsection 85(2) based on company type and objects. The text itself does not state any amendment or narrowing/extension of the Act's scope; therefore no change from the Act's original scope is apparent from this instrument alone."},"complexity_factors":["Relies on cross‑reference to subsection 85(2) of the Act — users must consult the Act to see legal effects","Application requires factual matching of a company's constitution/objects or proposed activities to specific, sometimes technical, item descriptions","Multiple itemised entries with sector‑specific activities (quantum, shipbuilding, defence, telecommunications, education) increase domain knowledge needed to apply the test","Uses corporate form distinctions (limited by shares v guarantee), so legal form affects application","Low legislative discretion but some interpretive judgment is required to decide whether an activity 'matches' an item, creating borderline cases"],"plain_english_summary":"This rule designates which companies count as a \"relevant company\" for subsection 85(2) of the Public Governance, Performance and Accountability Act 2013 by listing company forms together with required objects or proposed activities. It applies to companies whose constitutions or planned activities match items in the table (examples: quantum computing research, shipbuilding infrastructure and design, defence technology research, regional fibre optic operations, and education evidence‑building). Being listed determines whether the Act's governance and financial requirements apply, so affected companies must check their objects against the table."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The original 2016 rule appears to have been designed for a specific quantum computing company (Item 1). The instrument has since expanded significantly to cover additional strategic sectors including shipbuilding (Items 3, 6), defence research (Items 4, 9), intelligence support (Item 5), telecommunications infrastructure (Item 7), and education research (Item 8). The numbering jumps from Item 1 to Item 3, suggesting Item 2 may have been removed or the structure was designed for expansion. The scope has grown from narrow technology research to encompass broad national security, infrastructure, and social policy objectives."},"complexity_factors":["Only 1 substantive provision (section 5) with a simple two-part test","Single definition ('Act') in interpretation section","No cross-references to other legislation beyond the parent Act","No conditional logic, exceptions, or nested provisions","Straightforward tabular format listing 9 specific company types","No delegated legislative powers or procedural requirements"],"plain_english_summary":"This rule designates nine types of private companies as \"relevant companies\" under the Public Governance, Performance and Accountability Act 2013, bringing them under extra government oversight and reporting despite their corporate structure. \n\nIt targets firms doing sensitive, strategic work for government—like quantum and defence research, shipbuilding/submarine support, intelligence and law‑enforcement support, undersea telecommunications to PNG/Solomon Islands, education evidence-building, and radar/communications systems—so public money, risk and accountability are subject to stronger controls."}},"importantCases":[],"_links":{"self":"/api/acts/public-governance-performance-and-accountability-relevant-company-rule-2016","history":"/api/acts/public-governance-performance-and-accountability-relevant-company-rule-2016/history","analysis":"/api/acts/public-governance-performance-and-accountability-relevant-company-rule-2016/analysis","conflicts":"/api/acts/public-governance-performance-and-accountability-relevant-company-rule-2016/conflicts","importantCases":"/api/acts/public-governance-performance-and-accountability-relevant-company-rule-2016/important-cases","documents":"/api/acts/public-governance-performance-and-accountability-relevant-company-rule-2016/documents"}}