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Commonwealth legislation
The Rule sets binding governance, financial management and reporting obligations for Australian Government entities and Commonwealth companies, and their accountable authorities. It requires multi‑year corporate plans, detailed annual reporting (including executive pay and procurements), fraud controls, audit committees, spending and banking controls, and transparency for minister‑approved grants. It matters because it structures how public money is used, monitored and disclosed, holding officials and entities to consistent standards of accountability and performance.
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Direct links to the current provisions in Public Governance, Performance and Accountability Rule 2014.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Chapter 1—Introduction
This rule is the Public Governance, Performance and Accountability Rule 2014.
This rule is made under the Public Governance, Performance and Accountability Act 2013.
Guide to this section
The purpose of this section is to provide a list of every term that is defined in this rule. A term will either be defined in this section, or in another provision of this rule. If another provision defines the term, this section will have a signpost to that definition.
Some terms that are used in this rule are defined in the Act. Those terms have the same meaning as in the Act. Those terms are not included in this section but can be found in section 8 of the Act.
In this rule:
Act means the Public Governance, Performance and Accountability Act 2013.
annual report for a Commonwealth company means the report that includes the reports referred to in paragraph 97(1)(a) of the Act.
banking day: see subsection 19(2).
books includes:
(a) a register; and
(b) financial reports or financial records, however compiled, recorded or stored; and
(c) a document.
CCE grant means an arrangement for the provision of financial assistance by or on behalf of a corporate Commonwealth entity under which relevant money is to be paid to a person, or body, that is not a Commonwealth entity but does not include an arrangement for any of the following:
(a) a payment for the acquisition of goods or services by the corporate Commonwealth entity for its own use or the use of another entity or third party;
(b) a payment of compensation:
(i) relating to defective administration; or
(ii) relating to employment conditions; or
(iii) established by a law of the Commonwealth or of a State or Territory;
(c) a payment of a benefit or entitlement under a law of the Commonwealth;
(d) a payment of a charitable donation by the entity from money received from individuals for that purpose;
(e) an investment or loan.
CCE grant opportunity means one or more CCE grants of a particular kind to be made by or on behalf of a corporate Commonwealth entity.
Commonwealth Procurement Rules means the instrument of that name made under subsection 105B(1) of the Act, as in force on 20 April 2019.
Note: The Commonwealth Procurement Rules could in 2020 be viewed on the Department’s website (www.finance.gov.au).
CSC (short for Commonwealth Superannuation Corporation) has the meaning given by section 4 of the Governance of Australian Government Superannuation Schemes Act 2011.
dematerialised security: see subsection 22(2).
Department of Defence means the Department of State administered by the Minister administering section 1 of the Defence Act 1903.
Department of Foreign Affairs and Trade means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.
Department of Home Affairs means the Department of State administered by the Minister administering the Australian Border Force Act 2015.
Department of the Prime Minister and Cabinet means the Department of State administered by the Prime Minister.
enterprise agreement has the meaning given by the Fair Work Act 2009.
individual flexibility arrangement has the meaning given by the Fair Work Act 2009.
instructions of an accountable authority of a Commonwealth entity means instructions given by the accountable authority under section 20A of the Act.
key management personnel has the same meaning as in AASB 124 Related Party Disclosures.
non‑ongoing APS employee has the meaning given by the Public Service Act 1999.
ongoing APS employee has the meaning given by the Public Service Act 1999.
other highly paid staff, of a Commonwealth entity for a reporting period, means officials of the entity:
(a) who are neither key management personnel nor senior executives; and
(b) whose total remuneration exceeds the threshold remuneration amount for the reporting period.
proper, when used in relation to the use and management of other CRF money: see subsection 29(3).
quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
related entity: a Commonwealth entity or a company (a body) is a related entity of a Commonwealth entity or a company (also a body) if:
(a) an individual is the accountable authority of both bodies; or
(b) an individual is a member of the accountable authority, or a director of the board, of both bodies; or
(c) an individual is a member of the accountable authority of one body and a director of the board of the other body; or
(d) an individual is the accountable authority of one body and a member of the accountable authority, or director of the board, of the other body.
reportable consultancy contract means an arrangement that is published in AusTender as a consultancy.
Note: AusTender could in 2020 be viewed on AusTender’s website (www.tenders.gov.au).
reportable non‑consultancy contract means an arrangement that:
(a) is published in AusTender; and
(b) is not a reportable consultancy contract.
Note: AusTender could in 2020 be viewed on AusTender’s website (www.tenders.gov.au).
reporting entity: see subsection 17J(2).
senior executives means the following officials of a Commonwealth entity who are not key management personnel:
(a) officials with classifications in Groups 9 to 11 of the table in Schedule 1 to the Public Service Classification Rules 2000;
(b) officials with positions equivalent to officials covered by paragraph (a);
(c) officers of the Australian Defence Force with ranks equivalent to classifications covered by paragraph (a).
superannuation scheme administered by CSC has the meaning given by section 4 of the Governance of Australian Government Superannuation Schemes Act 2011.
threshold remuneration amount, for a reporting period, has the meaning given by subsection 4A(1).
total remuneration:
(a) means the sum of the following (calculated on an accrual basis):
(i) base salary;
(ii) bonuses;
(iii) other benefits and allowances;
(iv) superannuation contributions (made by the employer);
(v) long service leave;
(vi) other long‑term benefits;
(vii) termination benefits; but
(b) does not include any allowance paid because a person is deployed (but not posted) overseas.
total remuneration band:
(a) in relation to senior executives of a Commonwealth entity, has the meaning given by subsection 17CB(3); or
(b) in relation to other highly paid staff of a Commonwealth entity, has the meaning given by subsection 17CC(3).
Guide to this section
The purpose of this section is to define threshold remuneration amount.
(1) The threshold remuneration amount for a reporting period is: (a) for a reporting period that begins on or after 29 June 2018 and ends on or before 30 June 2019—$220,000; or (b) for a reporting period that begins in a financial year that begins on or after 1 July 2019—the amount worked out using the following formula rounded to the nearest multiple of $5,000: (2) The indexation factor for a financial year is the number worked out using the following formula: where:
base June quarter means the June quarter ending on 30 June 2018.
index number, for a quarter, means the Wage Price Index (total hourly rates of pay excluding bonuses/public sector/all Australia/original) number published by the Australian Statistician in respect of that quarter.
June quarter means a 3‑month period ending on 30 June.
reference June quarter means the June quarter immediately before the financial year.
(3) The indexation factor is to be calculated to 3 decimal places (rounding up if the fourth decimal place is 5 or more). (4) The indexation factor is to be worked out: (a) using only the index numbers published in terms of the most recently published index reference period for the Wage Price Index; and (b) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).
Guide to this section
The purpose of this section is to identify the Commonwealth entities and Commonwealth companies that are government business enterprises for the purposes of the Act.
This section is made for the definition of government business enterprise in section 8 of the Act.
(1) Each of the following Commonwealth entities is a government business enterprise: (b) the Australian Postal Corporation; (c) Defence Housing Australia. (2) Each of the following Commonwealth companies is a government business enterprise: (a) ASC Pty Limited (ACN 008 605 034); (b) Australian Rail Track Corporation Limited (ACN 081 455 754); (d) National Intermodal Corporation Limited (ACN 161 635 105); (e) NBN Co Limited (ACN 136 533 741); (f) Australian Naval Infrastructure Pty Ltd (ACN 051 762 639); (g) WSA Co Limited (ACN 618 989 272); (h) Snowy Hydro Limited (ACN 090 574 431); (i) CEA Technologies Pty Limited (ACN 059 951 183); even if the company changes its name.
Guide to this section
The purpose of this section is to provide that Schedule 1 prescribes certain bodies, persons, groups or organisations to be listed entities.
This section is made for the definition of listed entity in section 8 of the Act.
Schedule 1 prescribes: (a) a body, person, group of persons or organisation; or (b) a combination of bodies, persons, groups of persons or organisations; to be a listed entity.
Guide to this section
The purpose of this section is to identify the law enforcement agencies that are listed law enforcement agencies for the purposes of the Act.
This section is made for the definition of listed law enforcement agency in section 8 of the Act.
Each of the following is a listed law enforcement agency: (a) the Australian Federal Police; (b) the National Anti‑Corruption Commission; (c) the Australian Crime Commission; (d) the Department of Home Affairs.
Guide to this section
The purpose of this section is to prescribe the first reporting period for the High Speed Rail Authority.
This section is made for the purposes of paragraph (b) of the definition of reporting period in section 8 of the Act.
The first reporting period for the High Speed Rail Authority is the period that: (a) begins on 12 June 2023; and (b) ends on 30 June 2024.
Chapter 2—Commonwealth entities and the Commonwealth
Guide to this section
The purpose of this section is to identify the bodies corporate, established under a law of the Commonwealth, that are Commonwealth entities. This section also identifies the accountable authority of each entity where the accountable authority is not the governing body of the entity.
This section is made for subparagraph 10(1)(e)(i), and item 4 of the table in subsection 12(2), of the Act.
The following table has effect as follows: (a) each body corporate referred to in column 1 of an item is a Commonwealth entity; (b) the accountable authority of the entity is the person or group of persons referred to in column 2 of the item.
<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><thead><tr><td colspan="3" style="border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Bodies corporate established under a law of the Commonwealth</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span></span></p></td><td style="width:33.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:57.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:33.98%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Commonwealth entity</span></p></td><td style="width:57.44%; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Accountable authority</span></p></td></tr></thead><tbody><tr><td style="width:8.58%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:33.98%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Anindilyakwa Land Council</span></p></td><td style="width:57.44%; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The group of persons made up of:</span></p><p class="Tablea"><span>(a) the Chair of the Land Council; and</span></p><p class="Tablea"><span>(b) the Chief Executive Officer of the Land Council.</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:33.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Central Land Council</span></p></td><td style="width:57.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The group of persons made up of:</span></p><p class="Tablea"><span>(a) the Chair of the Land Council; and</span></p><p class="Tablea"><span>(b) the Chief Executive Officer of the Land Council.</span></p></td></tr><tr><td style="width:8.58%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:33.98%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Northern Land Council</span></p></td><td style="width:57.44%; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #00000
This is an opening excerpt, not the complete document.