53BApplication of the Public Governance, Performance and Accountability Act 2013

#### 53B Application of the Public Governance, Performance and Accountability Act 2013 A Commissioner is not an official of a Commonwealth entity for the purposes of the Public Governance, Performance and Accountability Act 2013. 64 Subsection 62(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”. 65 Paragraph 62A(2)(b) Omit “section 39 of the Financial Management and Accountability Act 1997”, substitute “section 58 of the Public Governance, Performance and Accountability Act 2013”. 66 Paragraph 64(1)(c) Repeal the paragraph, substitute: (c) any surplus specified in the most recent financial statements given under paragraph 42(1)(b) of the Public Governance, Performance and Accountability Act 2013. 67 Subsection 64B(1) Before “Department”, insert “Secretary of the”. 68 Subsection 64B(2) Repeal the subsection, substitute: (2) The report must include: (a) the financial statements required by section 42 of the Public Governance, Performance and Accountability Act 2013 (as that section applies because of subsection (4) of this section); and (b) an audit report on those statements under section 43 of that Act (as that section applies because of subsection (4) of this section). 69 At the end of section 64B Add: (4) Sections 42 and 43 (other than subsection 43(4)) of the Public Governance, Performance and Accountability Act 2013 (which deal with annual financial statements for Commonwealth entities and audits of those statements), and rules made for the purposes of those sections, apply in relation to the Account as if: (a) the Account were a Commonwealth entity; and (b) the Secretary of the Department were the accountable authority of that Commonwealth entity. Administrative Appeals Tribunal Act 1975 70 At the end of section 24D Add: (4) However, the Registrar is not subject to direction by the President in relation to the Registrar’s performance of functions, or exercise of powers, under the following Acts: (a) the Public Governance, Performance and Accountability Act 2013; (b) the Public Service Act 1999. 71 Section 24L Before “The”, insert “(1)”. 72 At the end of section 24L Add: (2) The Registrar must give written notice to the President of all material personal interests that the Registrar has that relate to the affairs of the Tribunal. (3) Section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the Registrar. 73 Subsection 24R(1) Omit “and give to the Minister”. 74 At the end of subsection 24R(1) Add: > Note: The annual report prepared by the Registrar and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 may be included in the report prepared under this section. 75 Subsection 24R(2) Repeal the subsection, substitute: (2) A report prepared after 30 June in a year must be given to the Minister by 15 October of that year. Administrative Decisions (Judicial Review) Act 1977 76 Subsection 3(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 77 Paragraphs (he), (hea) and (hf) of Schedule 1 Repeal the paragraphs, substitute: (he) decisions under Part 2 of the Financial Framework (Supplementary Powers) Act 1997; (hf) decisions under the following provisions of the Public Governance, Performance and Accountability Act 2013: (i) section 15; (ii) section 23; (iii) section 85; 78 Paragraph (h) of Schedule 2 Repeal the paragraph, substitute: (h) decisions under section 51 of the Public Governance, Performance and Accountability Act 2013; Aged Care (Bond Security) Act 2006 79 Subsection 6(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. Agricultural and Veterinary Chemicals (Administration) Act 1992 80 Section 4 (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 81 Section 10A Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 82 Section 23 Repeal the section, substitute: