4AThe Office of the Commonwealth Ombudsman

#### 4A The Office of the Commonwealth Ombudsman For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following group of persons is a listed entity: (i) the Commonwealth Ombudsman; (ii) the Deputy Commonwealth Ombudsmen; (iii) the staff referred to in subsection 31(1); and (b) the listed entity is to be known as the Office of the Commonwealth Ombudsman; and (c) the Commonwealth Ombudsman is the accountable authority of the Office of the Commonwealth Ombudsman; and (d) the persons referred to in paragraph (a) are officials of the Office of the Commonwealth Ombudsman; and (e) the purposes of the Office of the Commonwealth Ombudsman include: (i) the functions of the Commonwealth Ombudsman referred to in subsection 4(2) and section 5; and (ii) the functions of the Defence Force Ombudsman referred to in section 19C; and (iii) the functions of the Postal Industry Ombudsman referred to in section 19M; and (iv) the functions of the Overseas Students Ombudsman referred to in section 19ZJ. Parliamentary Counsel Act 1970 65 At the end of section 2 Add: (5) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Office of Parliamentary Counsel is a listed entity; and (b) the First Parliamentary Counsel is the accountable authority of the Office; and (c) the persons referred to in subsection (3) are officials of the Office; and (d) the purposes of the Office include the functions of the Office referred to in section 3. Private Health Insurance Act 2007 66 Section 238‑1 Before “For”, insert “(1)”. 67 At the end of section 238‑1 Add: (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the following group of persons is a listed entity: (i) the Private Health Insurance Ombudsman; (ii) the staff assisting the Private Health Insurance Ombudsman referred to in subsection 253‑45(1); and (b) the listed entity is to be known as the Private Health Insurance Ombudsman; and (c) the Private Health Insurance Ombudsman is the accountable authority of the listed entity; and (d) the persons referred to in paragraph (a) are officials of the listed entity; and (e) the purposes of the listed entity include the functions of the Private Health Insurance Ombudsman referred to in section 238‑5. Productivity Commission Act 1998 68 Section 5 Before “The”, insert “(1)”. 69 At the end of section 5 Add: (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Commission is a listed entity; and (b) the Chair is the accountable authority of the Commission; and (c) the following persons are officials of the Commission: (i) the Chair; (ii) the other members; (iii) the staff of the Commission referred to in section 44; (iv) consultants engaged under section 45; and (d) the purposes of the Commission include the functions of the Commission referred to in section 6 and Part 4. Safe Work Australia Act 2008 70 Section 5 Before “Safe”, insert “(1)”. 71 At the end of section 5 Add: (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) Safe Work Australia is a listed entity; and (b) the CEO is the accountable authority of Safe Work Australia; and (c) the following persons are officials of Safe Work Australia: (i) the CEO; (ii) the other members; (iii) the staff of Safe Work Australia referred to in section 59; (iv) persons whose services are made available to Safe Work Australia under section 61; and (d) the purposes of Safe Work Australia include the functions of Safe Work Australia referred to in section 6. Telecommunications Universal Service Management Agency Act 2012 72 Section 31 Before “The”, insert “(1)”. 73 At the end of section 31 Add: (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) TUSMA is a listed entity; and (b) the CEO is the accountable authority of TUSMA; and (c) the following persons are officials of TUSMA: (i) the CEO; (ii) the staff of TUSMA referred to in section 71; (iii) consultants engaged under section 72; (iv) persons whose services are made available to TUSMA under section 73; and (d) the purposes of TUSMA include the functions of TUSMA referred to in section 32. Tertiary Education Quality and Standards Agency Act 2011 74 At the end of section 132 Add: (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) TEQSA is a listed entity; and (b) the Commissioners are the accountable authority of TEQSA; and (c) the following persons are officials of TEQSA: (i) the Commissioners; (ii) the Chief Executive Officer; (iii) the staff of TEQSA referred to in section 156; and (d) the purposes of TEQSA include the functions of TEQSA referred to in section 134. Transport Safety Investigation Act 2003 75 Section 12 Before “The”, insert “(1)”. 76 At the end of section 12 Add: (2) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the ATSB is a listed entity; and (b) the Chief Executive Officer is the accountable authority of the ATSB; and (c) the following persons are officials of the ATSB: (i) the Chief Executive Officer; (ii) the other Commissioners; (iii) the staff of the ATSB referred to in section 16; (iv) persons whose services are made available to the ATSB under section 16A; (v) consultants engaged under section 16B; (vi) special investigators; and (d) the purposes of the ATSB include: (i) the functions of the ATSB referred to in section 12AA; and (ii) the functions of the Chief Executive Officer referred to in section 15A. Workplace Gender Equality Act 2012 77 At the end of section 8A Add: (3) For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013): (a) the Agency is a listed entity; and (b) the Director of Workplace Gender Equality is the accountable authority of the Agency; and (c) the persons referred to in subsection (2) are officials of the Agency; and (d) the purposes of the Agency include the functions of the Agency referred to in section 10. Schedule 7—Amendments of Acts starting with A Aboriginal and Torres Strait Islander Act 2005 1 Subsection 4(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 2 Subsection 142(2) (note) Repeal the note, substitute: > Note: The Public Governance, Performance and Accountability Act 2013 applies to the TSRA. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 3 Paragraph 143S(6)(e) Repeal the paragraph, substitute: (e) 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 4 Subsection 143U(3) Repeal the subsection. 5 Paragraph 144E(5)(a) Omit “by section 27J of the Commonwealth Authorities and Companies Act 1997”, substitute “by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013”. 6 Subsection 144E(14) 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 (which deals with the duty to disclose interests)”. 7 At the end of section 144M Add: (3) Subsections (1) and (2) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). 8 Paragraph 144P(2)(f) Repeal the paragraph, substitute: (f) fails, without reasonable excuse, to comply with: (i) subsection 144M(1) or (2); 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 9 Subsection 144V(3A) Omit “under section 18 of the Commonwealth Authorities and Companies Act 1997”, substitute “under section 59 of the Public Governance, Performance and Accountability Act 2013”. 10 Subsection 144W(4) Omit “under section 18 of the Commonwealth Authorities and Companies Act 1997”, substitute “under section 59 of the Public Governance, Performance and Accountability Act 2013”. 11 Subsection 144X(3) (definition of bank) Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 12 Subsection 144ZA(5) Omit “Section 14 of the Commonwealth Authorities and Companies Act 1997”, substitute “Section 36 of the Public Governance, Performance and Accountability Act 2013 (which deals with budget estimates)”. 13 Subsection 144ZB(1) Omit “of the TSRA prepared under section 9 of the Commonwealth Authorities and Companies Act 1997”, substitute “prepared by the members of the TSRA and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period”. 14 Subsection 144ZB(3) Omit “a financial year to an individual or body, then, in addition to the matters referred to in subsections (1) and (2), the annual report for the year”, substitute “a period to an individual or body, then, in addition to the matters referred to in subsections (1) and (2), the annual report for the period”. 15 Paragraph 144ZD(1A)(b) Repeal the paragraph, substitute: (b) the Public Governance, Performance and Accountability Act 2013 or any legislative instruments made under that Act. 16 Division 10 of Part 3A Repeal the Division. 17 Section 144ZF Before “A TSRA Administrator”, insert “(1)”. 18 At the end of section 144ZF Add: (2) If a TSRA Administrator is appointed to administer the affairs of the TSRA, the TSRA Administrator is the accountable authority of the TSRA for the purposes of the Public Governance, Performance and Accountability Act 2013. 19 After subsection 144ZM(3) Insert: (3A) Subsections (1), (2) and (3) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). 20 Paragraph 144ZN(2)(d) Omit “section 144ZM”, substitute “subsection 144ZM(1), (2) or (3)”. 21 At the end of subsection 144ZN(2) Add: > Note: The appointment of a TSRA Administrator 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). 22 Subsection 145(2) (note) Repeal the note, substitute: > Note: The Public Governance, Performance and Accountability Act 2013 applies to Indigenous Business Australia. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources. 23 Section 149 Repeal the section. 24 Subsections 150(2) and (3) Repeal the subsections, substitute: (3) The Minister may, by notice in writing to the Indigenous Business Australia Board, request the Board to vary a corporate plan prepared by the Board under section 35 of the Public Governance, Performance and Accountability Act 2013. 25 Paragraph 165(2)(b) Omit “; or”, substitute “;”. 26 Paragraph 165(2)(c) Repeal the paragraph. 27 At the end of subsection 165(2) Add: > Note: The appointment of an Indigenous Business Australia 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). 28 Paragraph 167(3)(a) Omit “by section 27J of the Commonwealth Authorities and Companies Act 1997”, substitute “by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013”. 29 Subsection 167(11) 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 (which deals with the duty to disclose interests)”. 30 At the end of section 172A Add: (3) Subsections (1) and (2) apply in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests). 31 Subsection 181A(4) Omit “under section 18 of the Commonwealth Authorities and Companies Act 1997”, substitute “under section 59 of the Public Governance, Performance and Accountability Act 2013”. 32 Section 189 Repeal the section, substitute: