201Annual report

#### 201 Annual report The annual report prepared by the Integrity Commissioner and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include the following: (a) the prescribed particulars of: (i) corruption issues notified to the Integrity Commissioner under section 19 during the period; and (ii) corruption issues raised by allegations or information referred to the Integrity Commissioner under sections 18 and 23 during that period; and (iii) corruption issues dealt with by the Integrity Commissioner on his or her own initiative during that period; and (iv) corruption issues investigated by the Integrity Commissioner during that period; and (v) corruption issues that the Integrity Commissioner referred to a government agency for investigation during that period; and (vi) ACLEI corruption issues investigated during that period; and (vii) certificates issued under section 149 during that period; (b) a description of investigations conducted by the Integrity Commissioner during the period that the Integrity Commissioner considers raise significant issues or developments in law enforcement; (c) a description, which may include statistics, of any patterns or trends, and the nature and scope, of corruption in: (i) law enforcement agencies; and (ii) other Commonwealth government agencies that have law enforcement functions; that have come to the Integrity Commissioner’s attention during that period in the performance of his or her functions; (d) any recommendations for changes to: (i) the laws of the Commonwealth; or (ii) administrative practices of Commonwealth government agencies; that the Integrity Commissioner, as a result of performing his or her functions during that period, considers should be made; (e) the extent to which investigations by the Integrity Commissioner have resulted in the prosecution in that period of persons for offences; (f) the extent to which investigations by the Integrity Commissioner have resulted in confiscation proceedings in that period; (g) details of the number and results of: (i) applications made to the Federal Court or the Federal Circuit Court under the Administrative Decisions (Judicial Review) Act 1977 for orders of review in respect of matters arising under this Act; and (ii) other court proceedings involving the Integrity Commissioner; being applications and proceedings that were determined, or otherwise disposed of, during that period. 211 Section 202 Omit “under section 201”, substitute “referred to in section 201”. 212 Subsections 206(1) and (2) Omit “under section 201”, substitute “referred to in section 201”. 213 Subparagraph 215(1)(c)(i) Omit “prepared by the Integrity Commissioner under section 201”, substitute “referred to in section 201 that is prepared by the Integrity Commissioner”. Legislative Instruments Act 2003 214 Subsection 7(1) (table item 5, paragraph (a) in column headed “Particulars of instrument”) Omit “section 34 of the Commonwealth Authorities and Companies Act 1997”, substitute “the Public Governance, Performance and Accountability Act 2013”. 215 Subsection 7(1) (table item 5, paragraph (b) in column headed “Particulars of instrument”) Omit “Commonwealth authority within the meaning of section 7”, substitute “corporate Commonwealth entity within the meaning”. Life Insurance Act 1995 216 Subsection 251A(2) (heading) Repeal the heading, substitute: Specifying amounts to be credited to special account 217 Subsection 251A(2) (note) Omit “Special Account”, substitute “special account”. 218 Subsection 251A(4) Omit “subsection 21(2) of the Financial Management and Accountability Act 1997”, substitute “subsection 80(3) of the Public Governance, Performance and Accountability Act 2013”. 219 Schedule (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Loans Securities Act 1919 220 Section 2 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 221 Subsection 5BA(7) 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”. Local Government (Financial Assistance) Act 1995 222 Subsection 18B(8) 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”. Schedule 10—Amendments of Acts starting with M or N Marine Safety (Domestic Commercial Vessel) National Law Act 2012 1 Section 6 of Schedule 1 (subparagraph (a)(i) of the definition of agency) Repeal the subparagraph, substitute: (i) a non‑corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); Medibank Private Sale Act 2006 2 Subsection 3(5) (definition of Minister for Finance) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 3 Item 1 of Schedule 2 (definition of Minister for Finance) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 4 Item 1 of Schedule 2 (definition of wholly‑owned Commonwealth company) Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 5 Item 7 of Schedule 2 (note) Repeal the note, substitute: > Note: Subsection 56(1) of the Public Governance, Performance and Accountability Act 2013 provides that an agreement for the borrowing of money by the Commonwealth is of no effect unless the borrowing is expressly authorised by an Act. Medical Indemnity Act 2002 6 Subsection 67(1) Omit “section 33 of the Financial Management and Accountability Act 1997”, substitute “section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth)”. Members of Parliament (Staff) Act 1984 7 Section 3 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Midwife Professional Indemnity (Commonwealth Contribution) Scheme Act 2010 8 Subsection 78(1) Omit “section 33 of the Financial Management and Accountability Act 1997”, substitute “section 65 of the Public Governance, Performance and Accountability Act 2013 (which deals with act of grace payments by the Commonwealth)”. Military Rehabilitation and Compensation Act 2004 9 At the end of section 363 Add: (3) Despite paragraph 10(1)(d) of the Public Governance, Performance and Accountability Act 2013 and the definition of Department of State in section 8 of that Act, the Commission: (a) is not a Commonwealth entity for the purposes of that Act; and (b) is taken to be part of the Department administered by the Minister administering this Chapter for those purposes. > Note: This means that the Commission members are officials of the Department for the purposes of the Public Governance, Performance and Accountability Act 2013. 10 Paragraph 372(2)(c) Repeal the paragraph, substitute: (c) the member fails, without reasonable excuse, to comply with: (i) section 379 or 380; 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; or 11 Section 381 Repeal the section. Military Superannuation and Benefits Act 1991 12 Subsections 16B(2) and (3) (note) Repeal the note. 13 Subsection 16C(3) (note) Repeal the note. 14 Subsection 16D(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”. 15 Subsections 51B(2) and (3) (note) Repeal the note. 16 Subsection 51C(8) 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”. Moomba‑Sydney Pipeline System Sale Act 1994 17 Subsection 3(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. National Blood Authority Act 2003 18 Section 33 Repeal the section. 19 Paragraph 35(2)(d) Repeal the paragraph, substitute: (d) 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. 20 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”. 21 Section 41 (note) Omit “Special Account if any of the purposes of the Account”, substitute “special account if any of the purposes of the special account”. 22 Section 43 Repeal the section, substitute: