Public Governance, Performance and Accountability Rule 2014

Div 4 heading substituted by FRLI No F2020L00634, s 4 and Sch 1 item 2, effective 30 May 2020. The heading formerly read:

Div 4 - Special reporting requirements

Div 4 heading substituted from Div 2 heading by FRLI No F2015L00592, s 4 and Sch 1 item 2, effective 25 April 2015. The heading formerly read:

Div 2 - Special reporting requirements

Subdiv A heading inserted by FRLI No F2020L00634, s 4 and Sch 1 item 2, effective 30 May 2020.

S 17A substituted by FRLI No F2020L00634, s 4 and Sch 1 item 2, effective 30 May 2020. S 17A formerly read:

SECTION 17A COMMONWEALTH ENTITIES CEASING TO EXIST OR FUNCTIONS TRANSFERRED  

Guide to this section

The purpose of this section is to set out requirements relating to reporting that apply when a Commonwealth entity ceases to exist or when its functions are transferred to another Commonwealth entity.

This section is made for paragraph 102(1)(h) of the Act.

Commonwealth entity ceases to exist

17A(1)
If a Commonwealth entity (the old entity ) ceases to exist, then the accountable authority of another Commonwealth entity nominated by the Finance Minister must prepare:
(a) the annual performance statements for the old entity; and
(b) the annual financial statements for the old entity; and
(c) the annual report for the old entity;

that the accountable authority of the old entity would have been required to prepare under the Act if the old entity had not ceased to exist.

17A(2)
Subsection (1) applies only to the extent that the old entity ' s functions are not transferred to one or more other Commonwealth entities.

Note:

See subsection (3) for when a function of the old entity is transferred to another Commonwealth entity.

Transfer of Commonwealth entity ' s functions

17A(3)
If a function of a Commonwealth entity (the old entity ) is transferred to one or more other Commonwealth entities, either because the old entity ceases to exist or for any other reason, then the accountable authority of the entity or entities to which the function has been transferred must prepare:
(a) the annual performance statements for the old entity that relate to that function; and
(b) the annual financial statements for the old entity that relate to that function; and
(c) the annual report for the old entity that relate to that function;

that the accountable authority of the old entity would have been required to prepare under the Act if the function had not been transferred.

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History

S 17A(3) amended by FRLI No F2016L00691, s 4 and Sch 1 item 5, by substituting " the entity or entities to which the function has been transferred " for " a Commonwealth entity nominated by the Finance Minister in relation to that function " , effective 7 May 2016.

17A(4)
Despite subsection (3), if the Finance Minister nominates another Commonwealth entity to prepare for the old entity the statements and report mentioned in that subsection, the nominated entity must prepare the statements and report, instead of the entity or entities to which the function has been transferred.

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History

S 17A(4) inserted by FRLI No F2016L00691, s 4 and Sch 1 item 6, effective 7 May 2016.