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Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

Part 3Miscellaneous

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## Part 3—Miscellaneous 28 Sections 58 to 64 Repeal the sections. 29 Subsection 65(1) Omit “(1)”. 30 Subsection 65(2) Repeal the subsection (including the note). Part 2—Transitional and application provisions Division 1—Transitional and application provisions 31 Allocation of certain persons to Departments of State, Departments of the Parliament and prescribed Agencies (1) The following table provides that certain persons are taken to be officials of Commonwealth entities for the purposes of the PGPA Act. ```html <table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:343.6pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Persons taken to be officials of Commonwealth entities</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">The following person …</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">is taken to be an official of this Commonwealth entity for the purposes of the PGPA Act …</td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:148.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">a person who immediately before the commencement time is allocated to a Department of State under paragraph 4(1)(a) of the Financial Management and Accountability Regulations 1997</td><td style="width:148.55pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the Department of State.</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">a person who immediately before the commencement time is allocated to the Department of the Prime Minister and Cabinet under paragraph 4(1)(e) of the Financial Management and Accountability Regulations 1997</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the Department of the Prime Minister and Cabinet.</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">a person who immediately before the commencement time is allocated to a Department of the Parliament under subregulation 4(2) of the Financial Management and Accountability Regulations 1997</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the Department of the Parliament.</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">4</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">any person who performs financial tasks in relation to a prescribed Agency as mentioned in paragraph 5(1)(b) of the Financial Management and Accountability Regulations 1997</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the listed entity that, under this Part, the prescribed Agency is taken to become at the commencement time.</td></tr></tbody></table> ``` (2) A person ceases to be taken to be such an official when the person would have ceased to be covered by paragraph 4(1)(a) or (e), 5(1)(b) or subregulation 4(2) of the Financial Management and Accountability Regulations 1997. 32 Prescribed Agencies If: (a) immediately before the commencement time, a body, organisation or group of persons is a prescribed Agency; and (b) at the commencement time, there is a listed entity that has the same name as the prescribed Agency; then the prescribed Agency is taken to become the listed entity at the commencement time. 33 Notional payments and receipts by Agencies Despite the repeal of section 6 of the FMA Act (which deals with notional payments and receipts by Agencies), that section, and any other provision of the FMA Act to the extent that it relates to that section, continues to apply after the commencement time in relation to payments made before that time. 34 Agreements with banks about receipt, transmission etc. of public money (1) An agreement made under section 8 of the FMA Act (which deals with agreements with banks about the receipt, transmission etc. of public money) that is in force immediately before the commencement time is taken, after that time, to have been made under, and in accordance with, section 53 of the PGPA Act. (2) An agreement made under section 8 of the FMA Act with the Reserve Bank of Australia in relation to a central bank account that is in force immediately before the commencement time is taken, after that time, to have been made under, and in accordance with, subsection 53(3) of the PGPA Act. 35 Public money must be promptly banked etc. Despite the repeal of section 10 of the FMA Act (which requires public money to be promptly banked etc.), that section continues to apply after the commencement time in relation to public money received before that time. 36 Establishment of Special Accounts by Finance Minister (1) A determination made under subsection 20(1) of the FMA Act (which deals with the establishment of Special Accounts by the Finance Minister) that is in force immediately before the commencement time is (subject to subitem (2)) taken, after that time, to have been made under subsection 78(1) of the PGPA Act. (2) Subitem (1) does not apply to the following determinations: (a) the Financial Management and Accountability (Establishment of SOETM Special Account ‑ FWO) Determination 2012/13; (b) the Financial Management and Accountability (Establishment of SOETM Special Account ‑ Customs) Determination 2012/14; (c) the Financial Management and Accountability Determination 2006/74 ‑ Security Deposits Special Account Establishment 2006; (d) the Financial Management and Accountability (Establishment of Special Account for Department of the House of Representatives) 2011/10; (e) the Financial Management and Accountability Determination 2005/02 ‑ Australia‑Indonesia Partnership for Reconstruction and Development (Grants) Special Account Determination 2005; (f) the Financial Management and Accountability (Establishment of Special Account for AusAID) Determination 2011/05; (g) the Financial Management and Accountability (Local Hospital Networks Special Account) Determination 2013/01; (h) the Financial Management and Accountability Determination 2009/34 ‑ Joint Australian U.S. Geological and Geophysical Research Station Special Account Establishment 2009; (i) the Financial Management and Accountability Determination 2008/24 ‑ Indigenous Communities Strategic Investment Program Special Account Establishment 2008. 37 Drawing rights Despite the repeal of sections 26 and 27 of the FMA Act, those sections continue to apply after the commencement time until the end of 30 June 2015 as if: (a) a reference to an official were a reference to an official within the meaning of the PGPA Act; and (b) a reference to public money were a reference to relevant money within the meaning of the PGPA Act; and (c) a reference to a designated Special Account appropriation were a reference to an appropriation under section 80 of the PGPA Act that relates to: (i) the COAG Reform Fund established by the COAG Reform Fund Act 2008; or (ii) a special account (within the meaning of the PGPA Act) established by the Nation‑building Funds Act 2008. 39 Repayments to the Commonwealth Despite the repeal of section 30 and subsection 32A(2) of the FMA Act (which deal with repayments to the Commonwealth), those provisions continue to apply after the commencement time in relation to amounts paid by the Commonwealth before that time. 40 Appropriations to take account of recoverable GST Despite the repeal of section 30A and subsection 32A(3) of the FMA Act (which deal with the treatment of appropriations to take account of recoverable GST), those provisions continue to apply after the commencement time in relation to payments that are made before 1 July 2015. 41 Retaining prescribed receipts Despite the repeal of section 31 and subsection 32A(4) of the FMA Act (which deal with retaining prescribed receipts), those provisions continue to apply after the commencement time in relation to: (a) amounts (other than amounts that relate to GST) that are received before that time; and (b) amounts that relate to GST that are received before 1 July 2015. 42 Regulations made for the purposes of sections 32B and 39B The amendments to sections 32B, 39B and 65 of the FMA Act made by this Schedule do not affect the continuity of any regulations that are in force for the purposes of section 32B or 39B immediately before the commencement time. 43 Delegations by Minister (1) A delegation by a Minister under subsection 32D(1) of the FMA Act that is in force immediately before the commencement time is taken, after that time, to have been made under subsection 32D(1) of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). Note: The FMA Act is renamed the Financial Framework (Supplementary Powers) Act 1997 by Part 1 of this Schedule. (2) A direction given by a Minister for the purposes of subsection 32D(2) of the FMA Act that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32D(2) of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). 44 Finance Minister may approve act of grace payments An authorisation given under section 33 of the FMA Act (which deals with the Finance Minister approving act of grace payments) that is in force immediately before the commencement time is taken, after that time, to have been given under, and in accordance with, section 65 of the PGPA Act. 45 Finance Minister may borrow for short periods An agreement made under section 38 of the FMA Act (which deals with the Finance Minister borrowing for short periods) that is in force immediately before the commencement time is taken, after that time, to have been made under, and in accordance with, section 56 of the PGPA Act. 46 Investment of public money Public money that, immediately before the commencement time, is invested under section 39 of the FMA Act (which deals with the investment of public money) is taken, after that time, to be invested under, and in accordance with, section 58 of the PGPA Act. 47 Minister must inform Parliament of involvement in a company by the Commonwealth or a prescribed body Despite the repeal of section 39A of the FMA Act (which deals with the requirement to inform Parliament of the Commonwealth’s or a prescribed body’s involvement in a company), that section continues to apply after the commencement time in relation to events that occur before that time. 48 Gifts of public property An approval for the making of a gift that is in force under paragraph 43(b) of the FMA Act (which deals with gifts of public property) immediately before the commencement time is taken, after that time, to be a written authorisation by the Finance Minister as referred to in subparagraph 66(b)(ii) of the PGPA Act. 49 Promoting proper use of Commonwealth resources An arrangement made under section 44 of the FMA Act (which deals with promoting the proper use of Commonwealth resources) that is in force immediately before the commencement time is taken, after that time, to have been made under section 23 of the PGPA Act. 50 Keeping responsible Minister and Finance Minister informed Despite the repeal of section 44A of the FMA Act (which deals with keeping the responsible Minister and Finance Minister informed), that section continues to apply after the commencement time in relation to a requirement to provide reports, documents or information made under that section before that time. 51 Recovery of debts Despite the repeal of section 47 of the FMA Act (which deals with the recovery of debts), that section continues to apply after the commencement time in relation to any debt that a Chief Executive had begun to pursue under that section before that time. 52 Accounts and records Despite the repeal of section 48 of the FMA Act (which deals with accounts and records), that section continues to apply after the commencement time in relation to accounts and records to which that section applies immediately before the commencement time. 53 Continuing application of certain provisions Despite the repeal of the following provisions of the FMA Act, those provisions continue to apply after the commencement time in relation to the last financial year that ends before the commencement time: (a) section 49 (which deals with annual financial statements); (b) section 51 (which deals with reporting requirements if an Agency ceases to exist or Agency functions are transferred); (c) section 55 (which deals with the preparation of annual financial statements by the Finance Minister); (d) section 56 (which deals with auditing the Finance Minister’s annual financial statements); (e) section 57 (which deals with auditing the annual financial statements of an Agency). 54 Additional financial statements Despite the repeal of section 50 of the FMA Act (which deals with additional financial statements), that section continues to apply after the commencement time in relation to financial statements required under that section before that time. 55 Chief Executive may delegate powers Delegation of Chief Executive’s powers (1) A delegation, under section 53 of the FMA Act, by a Chief Executive of an Agency of his or her powers under section 32B or 32C of that Act (but not powers of a Minister that have been delegated to the Chief Executive) that is in force immediately before the commencement time is taken, after that time, to be a delegation by an accountable authority of a non‑corporate Commonwealth entity under subsection 32D(3) of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). Note: The FMA Act is renamed the Financial Framework (Supplementary Powers) Act 1997 by Part 1 of this Schedule. (2) A direction given by a Chief Executive of an Agency for the purposes of a delegation referred to in subitem (1) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32D(4) of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). Subdelegation of Finance Minister’s powers by Chief Executive (3) A delegation, under section 53 of the FMA Act, by a Chief Executive of an Agency of the Finance Minister’s powers or functions under section 32B or 32C of that Act that is in force immediately before the commencement time is taken, after that time, to be a delegation by an accountable authority of a non‑corporate Commonwealth entity under subsection 32DA(1) of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). (4) A direction given by a Chief Executive of an Agency for the purposes of a delegation referred to in subitem (3) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32DA(3) of Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). 56 Requirement to publish monthly financial statements Despite the repeal of section 54 of the FMA Act (which deals with monthly financial statements), that section continues to apply after the commencement time in relation to the last month that ends immediately before that time. 57 Modified operation of Act and relevant regulations Despite the repeal of section 58 of the FMA Act (which deals with the modification of the FMA Act for intelligence or security agencies or prescribed law enforcement agencies), the following continue to apply after the commencement time in relation to the last financial year that ends before that time: (a) section 58 of the FMA Act; (b) any other section of the Act to the extent that it relates to that section or regulations made for the purposes of that section. Note: Division 2 of this Part continues the operation of regulations made for the purposes of section 58 of the FMA Act. Those regulations modify the operation of certain parts of the FMA Act. 58 Finance Minister may delegate powers Delegation of powers under section 32B or 32C of the FMA Act (1) A delegation, under section 62 of the FMA Act, by the Finance Minister of the Finance Minister’s powers or functions under section 32B or 32C of that Act that is in force immediately before the commencement time is taken, after that time, to have been made under subsection 32D(1) of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). Note: The FMA Act is renamed the Financial Framework (Supplementary Powers) Act 1997 by Part 1 of this Schedule. (2) A direction given by the Finance Minister for the purposes of a delegation referred to in subitem (1) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of subsection 32D(2) of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). Delegation of powers under section 39B of the FMA Act (3) A delegation, under section 62 of the FMA Act, by the Finance Minister of the Finance Minister’s powers or functions under section 39B of that Act that is in force immediately before the commencement time is taken, after that time, to have been made under section 40 of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). (4) A direction given by the Finance Minister for the purposes of a delegation referred to in subitem (3) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of section 40 of the Financial Framework (Supplementary Powers) Act 1997 (as inserted by this Schedule). 58A Guidelines The amendments to section 65 of the FMA Act made by this Schedule do not affect the continuity of the Commonwealth Cleaning Services Guidelines 2012, as in force immediately before the commencement time. 59 Approvals of spending proposals An approval that, immediately before the commencement time, is in force for the purposes of regulation 9 of regulations made under the FMA Act is taken, after that time, to have been given for the purposes of, and in accordance with, rules made for the purposes of section 52 of the PGPA Act. Division 2—Continuation of instruments 60 Continuation of instruments (1) This item applies if: (a) an item of this Part continues the operation of a provision of the FMA Act; and (b) regulations or any other instrument are in force immediately before the commencement time for the purposes of the provision. (2) The regulations or other instrument are taken, after the commencement time, to continue in force for the purposes of the item. Schedule 3—Repeal of the Commonwealth Authorities and Companies Act 1997 Part 1—Repeal Commonwealth Authorities and Companies Act 1997 1 The whole of the Act Repeal the Act. Part 2—Transitional and application provisions 2 Continuing application of certain provisions (1) Despite the repeal of the provisions of the CAC Act referred to in subitem (1A), those provisions continue to apply after the commencement time in relation to reporting periods that: (a) commenced before 1 July 2014; and (b) either: (i) ended on 30 June 2014; or (ii) had not ended on 30 June 2014. (1A) For subitem (1), the provisions of the CAC Act are as follows: (a) section 9 (which deals with directors preparing annual reports); (b) section 10 (which deals with modified requirements for a Commonwealth authority’s first year of existence); (c) section 12 (which deals with auditing a relevant subsidiary’s financial statements); (d) section 14 (which deals with estimates); (e) section 36 (which deals with annual reports for Commonwealth companies); (f) section 37 (which deals with auditing relevant subsidiary’s financial statements); (g) section 39 (which deals with estimates); (h) Schedule 1 (which deals with annual report for Commonwealth authorities). (2) Despite the repeal of section 11 of the CAC Act (which deals with the contravention of annual report rules by directors), that section continues to apply after the commencement time in relation to a contravention of a reporting rule that occurs after that time. 3 Responsible Minister to be notified of significant events Despite the repeal of sections 15 and 40 of the CAC Act (which deal with notifying the responsible Minister of significant events), those sections continue to apply after the commencement time in relation to decisions made before that time. 4 Keeping responsible Minister and Finance Minister informed Despite the repeal of sections 16 and 41 of the CAC Act (which deal with keeping the responsible Minister and Finance Minister informed), those sections continue to apply after the commencement time in relation to: (a) operations that occur before that time; and (b) requirements to provide reports, documents or information made before that time. 5 Corporate plan for GBE Despite the repeal of sections 17 and 42 of the CAC Act (which deal with corporate plans for GBEs), those sections continue to apply after the commencement time in relation to the first reporting period that commences at or after that time. 6 Banking and investment (1) Despite the repeal of subsections 18(2) and 19(2) of the CAC Act (which deal with banking and investment), those subsections continue to apply after the commencement time in relation to money received before that time. (2) Surplus money that, immediately before the commencement time, is invested under section 18 or 19 of the CAC Act (which deals with banking and investment) is taken, after that time, to be relevant money invested under, and in accordance with, section 59 of the PGPA Act. (3) An approval that is in force immediately before the commencement time under paragraph 18(3)(d) of the CAC Act is taken, after that time, to be a written authorisation given under subparagraph 59(1)(b)(iii) of the PGPA Act. 7 Accounting records Despite the repeal of section 20 of the CAC Act (which deals with accounting records), that section continues to apply after the commencement time in relation to accounting records to which that section applies immediately before the commencement time. 8 Use of position—civil obligations Despite the repeal of section 24 of the CAC Act (which deals with the use of position), that section continues to apply after the commencement time in relation to an officer or employee of a Commonwealth authority who, before that time, uses his or her position to gain an advantage, or cause a detriment (even if the advantage is not gained or the detriment is not caused until after the commencement time). 9 Use of information—civil obligations Despite the repeal of section 25 of the CAC Act (which deals with the use of information), that section continues to apply after the commencement time in relation to a person who, before that time, uses information to gain an advantage, or cause a detriment (even if the advantage is not gained or the detriment is not caused until after the commencement time). 10 Disqualification order for contravention of civil penalty provision Despite the repeal of section 27C of the CAC Act (which deals with disqualification orders for contraventions of civil penalty provisions), that section continues to apply after the commencement time in relation to orders that are in force under that section immediately before that time. 11 Director may give other directors standing notice about an interest A notice given under section 27F or 27G of the CAC Act (which deals with directors giving notice about interests) that is in force immediately before the commencement time is taken, after that time, to have been given for the purposes of section 29 of the PGPA Act. 12 Right of access to authority’s books Despite the repeal of section 27L of the CAC Act (which deals with the right of access to authority’s books), that section continues to apply after the commencement time in relation to books to which that section applies immediately before that time. 13 Indemnification and exemption of officer Despite the repeal of section 27M of the CAC Act (which deals with the indemnification and exemption of officers), that section continues to apply after the commencement time in relation to indemnifications that are in force immediately before that time. 14 Insurance for certain liabilities of officers Despite the repeal of section 27N of the CAC Act (which deals with insurance for certain liabilities of officers), that section continues to apply after the commencement time in relation to contracts for insurance that are in force under that section immediately before that time. 15 Cessation of sections 28 and 43 notifications Notifications that, immediately before the commencement time, are in force as a result of subitem 71(2) or 72(2) of Schedule 1 to the Commonwealth Authorities and Companies Amendment Act 2008 (which deal with section 28 and 43 notifications) cease to be in force at the commencement time. 17 Continuation of instruments (1) This item applies if: (a) an item of this Part continues the operation of a provision of the CAC Act; and (b) regulations or any other instrument are in force immediately before the commencement time for the purposes of the provision. (2) The regulations or other instrument are taken, after that time, to continue in force for the purposes of the item. Schedule 4—Auditor‑General Act 1997 and related amendments Part 1—Amendments Auditor‑General Act 1997 1 Readers guide (heading “Related legislation”) Repeal the heading. 2 Readers guide (paragraphs under the heading “Related legislation”) Repeal the paragraphs. 3 Subsection 5(1) Omit “(1)”. 4 Subsection 5(1) Insert: > accountable authority, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 5 Subsection 5(1) (definition of Agency) Repeal the definition. 6 Subsection 5(1) (definition of Chief Executive) Repeal the definition. 7 Subsection 5(1) (definition of Commonwealth authority) Repeal the definition. 8 Subsection 5(1) (definition of Commonwealth company) Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 9 Subsection 5(1) Insert: > Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 10 Subsection 5(1) Insert: > corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 11 Subsection 5(1) (definition of director) Repeal the definition, substitute: > director, of a Commonwealth company, has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 12 Subsection 5(1) (definition of Finance Minister) Omit “Financial Management and Accountability Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 13 Subsection 5(1) (definition of FMA official) Repeal the definition. 14 Subsection 5(1) (definition of GBE or government business enterprise) Omit “Commonwealth Authorities and Companies Act 1997”, substitute “Public Governance, Performance and Accountability Act 2013”. 15 Subsection 5(1) Insert: > non‑corporate Commonwealth entity has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 16 Subsection 5(1) (definition of officer) Repeal the definition. 17 Subsection 5(1) Insert: > official, of a Commonwealth entity, has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 18 Subsection 5(1) (definition of responsible Minister) Repeal the definition, substitute: > responsible Minister: (a) in relation to a Commonwealth entity or a Commonwealth company—has the same meaning as in the Public Governance, Performance and Accountability Act 2013; and (b) in relation to a Commonwealth partner—means the Minister responsible for achieving the Commonwealth purpose concerned; and (c) in relation to a subsidiary of a corporate Commonwealth entity or a Commonwealth company—the responsible Minister for the entity or company concerned. 19 Subsection 5(1) (definition of senior manager) Repeal the definition. 20 Subsection 5(1) (definition of subsidiary) Repeal the definition, substitute: > subsidiary, of a corporate Commonwealth entity or a Commonwealth company, has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 21 Subsection 5(1) (definition of wholly owned Commonwealth company) Repeal the definition, substitute: > wholly‑owned Commonwealth company has the same meaning as in the Public Governance, Performance and Accountability Act 2013. 22 Subsection 5(2) Repeal the subsection. 23 Division 1 of Part 4 (heading) Repeal the heading, substitute: