104Application of the Public Governance, Performance and Accountability Act 2013

#### 104 Application of the Public Governance, Performance and Accountability Act 2013 Despite subsection 105(2) of the Public Governance, Performance and Accountability Act 2013, levy collected by a collection agent, a collection sub‑agent or a collecting organisation is not other CRF money for the purposes of that Act. 98 Subclause 131(5) of Schedule 2 Repeal the subclause, substitute: (5) In this clause: > Commonwealth entity means 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. > Minister for Finance means the Minister administering the Public Governance, Performance and Accountability Act 2013. Defence Act 1903 99 Subsection 123H(3) Omit “regulations in force for the purposes of subparagraph 65(2)(a)(ia) of the Financial Management and Accountability Act 1997”, substitute “rules made for the purposes of section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth)”. 100 Subsection 123H(4) Omit “section 33 of the Financial Management and Accountability Act 1997”, substitute “section 65 of the Public Governance, Performance and Accountability Act 2013”. Defence Force Discipline Appeals Act 1955 101 Subsection 4(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Defence Force Retirement and Death Benefits Act 1973 102 Subsection 3(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 103 Subsections 124B(2) and (3) and 124C(3) (note) Repeal the note. 104 Subsection 124D(10) Omit “Financial Management and Accountability Act 1997) who is in the Department or is part of the Department”, substitute “Public Governance, Performance and Accountability Act 2013) of the Department”. Defence Forces Retirement Benefits Act 1948 105 Subsection 4(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Defence Forces Retirement Benefits (Pension Increases) Act 1967 106 Subsection 3(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Defence Home Ownership Assistance Scheme Act 2008 107 Section 3 (definition of Commonwealth agency) Omit “an Agency within the meaning of the Financial Management and Accountability Act 1997”, substitute “a non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013”. 108 Section 83 Repeal the section. Defence Housing Australia Act 1987 109 Subsection 3(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 110 Subsections 6(1) and (2) Repeal the subsections, substitute: (1) The first additional function of DHA is to provide adequate and suitable housing for, and housing‑related services to: (a) officials of a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) other than the Department, and their families; and (b) persons contracted to provide goods or services to a non‑corporate Commonwealth entity (within the meaning of that Act) other than the Department, and their families; in order to meet the requirements of that entity. (2) The second additional function of DHA is to provide services ancillary to the services mentioned in subsection (1) and in subsection 5(1), to persons mentioned in those subsections, in order to meet the requirements of a non‑corporate Commonwealth entity (within the meaning of that Act). 111 Subsection 11(1) (note) Repeal the note, substitute: > Note: The Public Governance, Performance and Accountability Act 2013 applies to DHA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 112 Section 20 Omit “sections 27F and 27J of the Commonwealth Authorities and Companies Act 1997”, substitute “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”. 113 Paragraph 21(2)(b) Repeal the paragraph. 114 At the end of subsection 21(2) Add: > Note: The appointment of an appointed member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). 115 Subsection 26(6) Repeal the subsection, substitute: (6) Rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 dealing with disclosing interests in a matter that is about to be considered by a body (other than the members of an accountable authority) apply to members of a committee. (7) For the purposes of subsection (6), a member of a committee does not have a material personal interest in a matter only because the member is the tenant of a house rented from DHA. 116 Subsection 66A(1) Omit “Financial Management and Accountability Act 1997)”, substitute “Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act)”. Defence Reserve Service (Protection) Act 2001 117 Section 7 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Defence Service Homes Act 1918 118 Subsection 4(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 119 Subsection 40(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”. Defence Trade Controls Act 2012 120 Subsection 69(6) (definition of Commonwealth entity) Repeal the definition, substitute: > Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Director of Public Prosecutions Act 1983 121 Paragraph 11(3)(b) Omit “a report under subsection 33(1)”, substitute “an annual report given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period”. 122 Subparagraph 11(3)(b)(i) Omit “to which the report relates”. 123 Subparagraph 11(3)(b)(ii) Omit “that period”, substitute “the period”. 124 Paragraph 23(2)(e) Repeal the paragraph, substitute: (e) fails, without reasonable excuse, to comply with his or her obligations under: (i) section 24; or (ii) 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; 125 At the end of section 24 Add: (3) This section applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). 126 Section 33 Repeal the section. DisabilityCare Australia Fund Act 2013 127 Section 4 (definition of bank) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 128 Section 4 (definition of DisabilityCare Australia Transitional Special Account) Repeal the definition. 129 Section 4 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 130 Subsection 11(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”. 131 Subsection 11(2) (note) Omit “Special Account” (wherever occurring), substitute “special account”. 132 Section 15 (note) Repeal the note, substitute: > Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). 133 Section 16 (note) Repeal the note, substitute: > Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). 134 Subsection 28(6) Omit “Section 39 of the Financial Management and Accountability Act 1997”, substitute “Section 58 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by the Commonwealth)”. 135 Section 40 Repeal the section. 136 Part 5 Repeal the Part. 137 Subsection 53(1) Omit “any or all of his or her powers under section 20, 49 or 51”, substitute “his or her power under section 20”. Early Years Quality Fund Special Account Act 2013 138 Subsection 5(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”. 139 Section 7 (note) Repeal the note, substitute: > Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). Education Services for Overseas Students Act 2000 140 Subsection 52A(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”. 141 Section 52B (note) Omit “Special Account” (wherever occurring), substitute “special account”. 142 Subsection 52C(1) (note) Repeal the note, substitute: > Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). 143 Subparagraph 55C(1)(a)(ii) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Environment Protection and Biodiversity Conservation Act 1999 144 Section 514A (note) Repeal the note, substitute: > Note: Subject to section 514U, the Public Governance, Performance and Accountability Act 2013 applies to the Director. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 145 Section 514L Repeal the section. 146 Paragraph 514P(2)(c) Omit “; or”, substitute “.”. 147 Paragraph 514P(2)(d) Repeal the paragraph. 148 At the end of subsection 514P(2) Add: > Note: The appointment of a person as the Director may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials). 149 Subparagraph 514S(d)(ii) Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 150 Subsection 514T(2) Repeal the subsection, substitute: (2) Subsection (1) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Fund. 151 Section 514U Repeal the section, substitute: