34Application of the Public Governance, Performance and Accountability Act 2013

#### 34 Application of the Public Governance, Performance and Accountability Act 2013 Section 59 of the Public Governance, Performance and Accountability Act 2013 (which deals with investment by corporate Commonwealth entities) does not apply to the trustees of each fund. 119 Section 35 Repeal the section. Skilling Australia’s Workforce Act 2005 120 Subsection 3(1) (definition of Agency) Repeal the definition. 121 Subsection 3(1) Insert: > non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 122 Paragraph 27(1)(b) Omit “an Agency (or part of an Agency)”, substitute “a non‑corporate Commonwealth entity (or part of a non‑corporate Commonwealth entity)”. 123 Section 31 Omit “an Agency (or part of an Agency)”, substitute “a non‑corporate Commonwealth entity (or part of a non‑corporate Commonwealth entity).” 124 Subsection 37(3) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Small Superannuation Accounts Act 1995 125 Section 3 Omit: • The Australian Taxation Office administers a Special Account. Notional accounts are kept within the Special Account. Employers may deposit money for their employees instead of making superannuation contributions. These deposits are credited to the notional accounts. substitute: • The Australian Taxation Office administers a special account. Notional accounts are kept within the special account. 126 Section 4 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 127 Subsection 8(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”. 128 Subsection 8(2) (note) Repeal the note. 129 Subsection 19(1) Repeal the subsection, substitute: (1) Money credited to an individual’s account is not held on trust. 130 Subsection 33(1) Repeal the subsection, substitute: (1) A deposit, or purported deposit, made in respect of an individual is not held on trust. Snowy Hydro Corporatisation Act 1997 131 Subsection 5(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Snowy Mountains Engineering Corporation Limited Sale Act 1993 132 Subsection 3(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Social and Community Services Pay Equity Special Account Act 2012 133 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”. 134 Subsection 7(1) (note) Repeal the note, substitute: > Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts). 135 Part 1 of Schedule 1 (heading) Omit “Financial Management and Accountability Regulations”, substitute “Financial Framework (Supplementary Powers) Regulations 1997”. 136 Part 1 of Schedule 2 (heading) Omit “Financial Management and Accountability Regulations”, substitute “Financial Framework (Supplementary Powers) Regulations 1997”. Special Broadcasting Service Act 1991 137 Section 3 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 138 Subsection 5(1) (note) Repeal the note, substitute: > Note: The Public Governance, Performance and Accountability Act 2013 applies to the SBS. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 139 Subsection 13(2) Repeal the subsection, substitute: (2) Section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities) applies in relation to the SBS and its Board to the extent that a government policy order mentioned in that section does not affect the content or scheduling of programs. 140 Paragraph 27(2)(c) Repeal the paragraph, substitute: (c) a non‑executive Director becomes bankrupt, takes steps to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with one or more of his or her creditors or makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; 141 At the end of subsection 27(2) Add: > Note: The appointment of a non‑executive 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). 142 Section 36 Before “The”, insert “(1)”. 143 At the end of section 36 Add: (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). 144 Paragraph 37(2)(d) Omit “of this Act or section 27F or 27J of the Commonwealth Authorities and Companies Act 1997”. 145 At the end of subsection 37(2) Add: > Note: The appointment of the Managing 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). 146 Subsection 40(2) Omit “section 27J of the Commonwealth Authorities and Companies Act 1997”, substitute “rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013”. 147 Section 43C Omit “financial year” (wherever occurring), substitute “period”. 148 Subsections 45(5) and 45A(3) Omit “, within the statement of strategies and policies to be followed by the SBS to achieve its objectives”, substitute “prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013”. 149 Section 47 Repeal the section. 150 Subsection 48(1) Repeal the subsection, substitute: (1) The corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013 must: (a) outline the overall strategies and policies that the SBS and its subsidiaries are to follow: (i) to achieve the objectives of the SBS; and (ii) to fulfil the SBS’s principal and subsidiary functions; and (iii) to ensure that the Board performs its role under paragraph 9(b) and fulfils its duties under section 10; and (b) include a forecast of the revenue and expenditure of the SBS and its subsidiaries, including a forecast of capital expenditure and borrowings; and (c) set out any measures that the Board proposes to adopt (in addition to receiving advice from the Community Advisory Committee) to ensure that it is aware of, and responsive to, community needs and opinions (including the needs and opinions of small or newly arrived ethnic groups) on matters relevant to the Charter; and (d) include such other matters as are prescribed. 151 At the end of section 48 Add: (4) For the purposes of the application of section 35 of the Public Governance, Performance and Accountability Act 2013 in relation to the SBS, subsidiary is taken to have the meaning given by subsection (3) of this section, despite the definition of subsidiary in section 8 of that Act. (5) The Board may review and revise a corporate plan at any time. 152 Sections 49 and 51 Repeal the sections. 153 Subsection 52(2) (note) Repeal the note, substitute: > Note: Paragraph 19(1)(c) of the Public Governance, Performance and Accountability Act 2013 requires the accountable authority of a Commonwealth entity to notify the Minister of significant decisions in relation to the entity or any of its subsidiaries. 154 Subsection 58(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 SBS. 155 Subsection 64(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)”. 156 Section 73 Omit “The Directors must include in each report on the SBS under section 9 of the Commonwealth Authorities and Companies Act 1997”, substitute “The annual report prepared by the Board and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include”. 157 Section 73 Omit “year” (wherever occurring), substitute “period”. Superannuation Act 1976 158 Subsection 41(9) (definition of bank) Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 159 Subsection 96A(2) (definition of bank) Repeal the definition, substitute: > bank has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 160 Subsections 156B(2) and (3) (note) Repeal the note. 161 Subsection 156C(3) (note) Repeal the note. 162 Subsection 156D(10) Omit “Financial Management and Accountability Act 1997) who is in ComSuper or is part of ComSuper”, substitute “Public Governance, Performance and Accountability Act 2013) of ComSuper”. 163 Subsection 156D(11) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Superannuation Act 1990 164 Subsections 39A(2) and (3) and 39B(3) (note) Repeal the note. 165 Subsection 39C(10) Omit “Financial Management and Accountability Act 1997) who is in ComSuper or is part of ComSuper”, substitute “Public Governance, Performance and Accountability Act 2013) of ComSuper”. 166 Subsection 39C(11) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 167 Subsection 44(1) (definition of bank) Repeal the definition, substitute: > bank has the same meaning as in the Public Governance, Performance and Accountability Act 2013. Superannuation Industry (Supervision) Act 1993 168 Paragraph 52(4)(b) Repeal the paragraph, substitute: (b) Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 (which deals with general duties of officials) or any rules made for the purposes of that Subdivision. 169 Paragraph 52A(3)(b) Repeal the paragraph, substitute: (b) Subdivision A of Division 3 of Part 2‑2 of the Public Governance, Performance and Accountability Act 2013 (which deals with general duties of officials) or any rules made for the purposes of that Subdivision. Superannuation (Pension Increases) Act 1971 170 Subsection 3(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Superannuation (Productivity Benefit) Act 1988 171 Subsection 3(1) (definition of Finance Department) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Superannuation (Unclaimed Money and Lost Members) Act 1999 172 Section 49 Repeal the section, substitute: