10Annual report

#### 10 Annual report (1) The annual report prepared by the Chair and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must: (a) report on matters relating to industry, industry development and productivity that have been referred to it during the period; and (b) report on the number of complaints, received by the Commission during the period, about the competitive neutrality of government businesses and business activities, and the outcomes of the Commission’s investigations into those complaints; and (c) as far as practicable, report on assistance and regulations affecting industry and the effect of such assistance and regulations on industry and on the economy as a whole. (2) The report may also report on industry and productivity performance generally. (3) In this section: > assistance includes any act that, directly or indirectly: (a) assists a person to carry on a business or activity; or (b) confers a pecuniary benefit on, or results in a pecuniary benefit accruing to, a person in respect of carrying on a business or activity. 76 After paragraph 35(2)(d) Insert: (da) if the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or 77 After paragraph 35(4)(d) Insert: (da) if the Associate Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section; or 78 Subsections 43(2), (3) and (4) Repeal the subsections, substitute: (2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). (3) If: (a) the Chair has or acquires an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013; and (b) the interest relates to affairs of the Commission the conducting of which results in a report or similar document; the Chair must ensure that the interest is disclosed in the report or document. (4) If the Chair becomes aware that a member has an interest of the kind mentioned in section 29 of the Public Governance, Performance and Accountability Act 2013, the Chair must do one of the following: (a) if the Chair considers that the member should not perform or continue to perform a function to which the interest relates, the Chair must give a direction to the member accordingly; (b) if paragraph (a) does not apply, the Chair must ensure that: (i) the interest is disclosed in accordance with section 29 of the Public Governance, Performance and Accountability Act 2013; and (ii) if the interest relates to affairs of the Commission the conducting of which results in a report or similar document—the interest is disclosed in the report or document. Protection of Movable Cultural Heritage Act 1986 79 Subsection 25(2) Omit “Special Account for the purposes of the Financial Management and Accountability Act 1997”, substitute “special account for the purposes of the Public Governance, Performance and Accountability Act 2013”. 80 Subsection 25A(2) Omit “(2)”. 81 Subsection 25A(2) (note) Omit “Special Account if any of the purposes of the Account”, substitute “special account if any of the purposes of the special account”. Public Accounts and Audit Committee Act 1951 82 Section 4 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 83 Paragraph 8(1)(a) Omit “subsections 49(1) and 55(2) of the Financial Management and Accountability Act 1997”, substitute “paragraphs 42(1)(b) and 48(1)(b) of the Public Governance, Performance and Accountability Act 2013”. Public Interest Disclosure Act 2013 84 Section 8 (definition of Commonwealth company) Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 85 Subsection 29(1) (table item 7) Repeal the item, substitute: | 7 | Conduct that results in the wastage of:(a) relevant money (within the meaning of the Public Governance, Performance and Accountability Act 2013); or(b) relevant property (within the meaning of that Act); or(c) money of a prescribed authority; or(d) property of a prescribed authority. | | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | 86 Subsection 53(4) Omit “the Commonwealth Fraud Control Guidelines in force under regulations made for the purposes of section 64 of the Financial Management and Accountability Act 1997”, substitute “any rules relating to fraud that are made for the purposes of the Public Governance, Performance and Accountability Act 2013”. 87 Conduct of investigations under Division 2 of Part 3 of the Public Interest Disclosure Act 2013 (1) The amendment to subsection 53(4) of the Public Interest Disclosure Act 2013 by this Schedule applies in relation to investigations commenced after the commencement time. (2) An instrument in force under section 64 of the FMA Act continues in force for the purposes of investigations commenced before the commencement time. 88 Paragraph 53(4)(a) Omit “against the Commonwealth (within the meaning of those Guidelines)”. 89 Paragraph 53(4)(b) Omit “Guidelines”, substitute “rules”. 90 Paragraph 72(1)(b) Repeal the paragraph, substitute: (b) a corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or 91 Subsection 76(5) Repeal the subsection, substitute: (5) A report under this section in relation to a period may be included in an annual report prepared by the Ombudsman and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for the period. Public Service Act 1999 92 Section 7 (definition of Statutory Agency) Omit “an Act”, substitute “a law of the Commonwealth”. 93 Subsection 13(7) Repeal the subsection, substitute: (7) An APS employee must: (a) take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the employee’s APS employment; and (b) disclose details of any material personal interest of the employee in connection with the employee’s APS employment. 94 Subsection 13(8) After “manner”, insert “and for a proper purpose”. 95 Subsection 13(10) Repeal the subsection, substitute: (10) An APS employee must not improperly use inside information or the employee’s duties, status, power or authority: (a) to gain, or seek to gain, a benefit or an advantage for the employee or any other person; or (b) to cause, or seek to cause, detriment to the employee’s Agency, the Commonwealth or any other person. 96 APS Code of Conduct (1) The amendment made by item 93 of this Schedule applies to: (a) conflicts of interest arising before or after the commencement time; and (b) material personal interests arising before or after that time. (2) The amendment made by item 94 of this Schedule applies to uses of resources by APS employees after the commencement time. (3) The amendment made by item 95 of this Schedule applies to: (a) uses by APS employees occurring after the commencement time of information obtained by the employees before or after that time; and (b) uses by APS employees of their duties, status, power or authority after the commencement time. 97 Subsection 57(3) (note) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Quarantine Act 1908 98 Subsection 86EA(5) (definition of Commonwealth) Repeal the definition, substitute: > Commonwealth includes a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) that cannot be made liable to taxation by a Commonwealth law. 99 Subsection 86EA(5) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Quarantine Charges (Collection) Act 2014 100 Subsection 7(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 101 Subsection 11(1) (note) Omit “section 6 of the Financial Management and Accountability Act 1997”, substitute “section 76 of the Public Governance, Performance and Accountability Act 2013”. Remuneration Tribunal Act 1973 102 Subsection 3(1) (paragraphs (b), (f) and (l) of the definition of principal executive office) Repeal the paragraphs. 103 Paragraph 16A(2)(b) Omit “Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency”, substitute “accountable authority of the relevant Commonwealth entity”. 104 Subsection 16A(2) (note) Repeal the note. 105 Paragraph 16A(3)(d) Omit “Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency”, substitute “accountable authority of the relevant Commonwealth entity”. 106 Subsection 16A(3) Omit “if the Chief Executive so directs”, substitute “if the accountable authority so directs”. 107 Subsection 16A(3) (note) Repeal the note. 108 Subsections 16A(6) and (7) Repeal the subsections, substitute: Definitions (6) In this section: > accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > benefit means: (a) remuneration (including salary) or an allowance under subsection 7(9); or (b) a reimbursement under subsection 7(10). > non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > relevant Commonwealth entity, in relation to a recovery under this section of the whole or part of a relevant amount, means: (a) the non‑corporate Commonwealth entity that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or (b) if a different non‑corporate Commonwealth entity is prescribed in an instrument under subsection (8)—that non‑corporate Commonwealth entity. 109 Subsection 16A(8) Omit “an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (7)(b)”, substitute “a non‑corporate Commonwealth entity for the purposes of paragraph (b) of the definition of relevant Commonwealth entity in subsection (6)”. 110 Paragraphs 16B(1)(d) and (3)(b) Omit “Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency”, substitute “accountable authority of the relevant Commonwealth entity”. 111 Subsection 16B(3) (note) Repeal the note. 112 Subsections 16B(6) and (7) Repeal the subsections, substitute: Definitions (6) In this section: > accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > benefit means: (a) remuneration (including salary) or an allowance under subsection 7(9); or (b) a reimbursement under subsection 7(10). > non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > relevant Commonwealth entity, in relation to a payment or recovery under this section of the whole or part of a relevant amount, means: (a) the non‑corporate Commonwealth entity that paid the relevant amount under subsection (1) on behalf of the Commonwealth; or (b) if a different non‑corporate Commonwealth entity is prescribed in an instrument under subsection (8)—that non‑corporate Commonwealth entity. 113 Subsection 16B(8) Omit “an Agency (as defined by section 5 of the Financial Management and Accountability Act 1997) for the purposes of paragraph (7)(b)”, substitute “a non‑corporate Commonwealth entity for the purposes of paragraph (b) of the definition of relevant Commonwealth entity in subsection (6)”. 114 Subsection 16C(1) Omit “Chief Executive (as determined under the Financial Management and Accountability Act 1997) of the relevant agency must cause to be published, in such manner as the Chief Executive”, substitute “accountable authority of the relevant Commonwealth entity must cause to be published, in such manner as the accountable authority”. 115 Subsections 16C(3) and (4) Omit “(as determined under the Financial Management and Accountability Act 1997) of the relevant agency”, substitute “of the relevant Commonwealth entity”. 116 Paragraph 16C(5)(c) Omit “(as determined under the Financial Management and Accountability Act 1997) of the relevant agency”, substitute “of the relevant Commonwealth entity”. 117 Subsection 16C(6) Omit “Chief Executive of the relevant agency”, substitute “accountable authority of the relevant Commonwealth entity”. 118 Paragraph 16C(6)(c) Omit “Chief Executive”, substitute “accountable authority”. 119 Subsection 16C(7) Omit “Chief Executive of the relevant agency”, substitute “accountable authority of the relevant Commonwealth entity”. 120 Paragraph 16C(7)(c) Omit “Chief Executive”, substitute “accountable authority”. 121 Subsections 16C(12) and (13) Repeal the subsections, substitute: Definitions relating to Commonwealth entities (12) In this section: > accountable authority has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > official has the same meaning as in the Public Governance, Performance and Accountability Act 2013. > relevant Commonwealth entity means: (a) the non‑corporate Commonwealth entity that is responsible for making payments under subsection 16A(1) or 16B(1) on behalf of the Commonwealth; or (b) if a different non‑corporate Commonwealth entity is prescribed in an instrument under subsection (13)—that non‑corporate Commonwealth entity. (13) The Minister may, by legislative instrument, prescribe a non‑corporate Commonwealth entity for the purposes of paragraph (b) of the definition of relevant Commonwealth entity in subsection (12). Research Involving Human Embryos Act 2002 122 Subsection 13(5) Repeal the subsection, substitute: (5) The following provisions do not have effect in relation to the NHMRC Licensing Committee at any time when regulations under subsection (4) are in force: (a) section 42A of the National Health and Medical Research Council Act 1992; (b) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) and any rules made for the purposes of that section. 123 Subsection 18(1) Repeal the subsection, substitute: (1) The annual report prepared by the CEO of the NHMRC under section 46 of the Public Governance, Performance and Accountability Act 2013 must, in addition to the matters set out in section 83 of the National Health and Medical Research Council Act 1992, include details relating to the operations of the NHMRC Licensing Committee. Reserve Bank Act 1959 124 Subsection 7(1) Omit “(1)” (first occurring). 125 Subsection 7(1) (note) Repeal the note, substitute: > Note: Subject to section 7A, the Public Governance, Performance and Accountability Act 2013 applies to the Bank. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 126 Section 7A Repeal the section, substitute: