CHAPTER 4
-
MISCELLANEOUS
SECTION 29AA
29AA
MODIFICATIONS OF THE ACT AND INSTRUMENTS FOR CSC
Guide to this section
The purpose of this section is to modify the operation of the Act and the Commonwealth Procurement Rules for CSC.
As a result of these modifications:
(a) the Finance Minister can delegate the power or function under paragraph
63(1)(b)
of the Act or the duty under section
11
of this rule (which deal with recovery of debts) to the Board of CSC or an official of CSC, and the Board of CSC can subdelegate that power, function or duty; and
(b) the Commonwealth Procurement Rules apply to CSC, but only in relation to CSC
'
s function of providing administrative services relating to superannuation schemes administered by CSC.
This section is made for section
104
of the Act.
Delegation of powers, functions and duties in relation to recovery of debts
29AA(1)
The operation of subsection
107(1)
and section
110
of the Act is modified, in relation to the power or function under paragraph
63(1)(b)
of the Act, and the duty under section
11
of this rule, by applying to CSC as if CSC were a non-corporate Commonwealth entity.
Note:
Subsection
107(1)
and section
110
of the Act allow the Finance Minister and an accountable authority of a non-corporate Commonwealth entity to delegate powers, functions and duties. Paragraph
63(1)(b)
of the Act and section
11
of this rule deal with recovery of debts.
Limited application of Commonwealth Procurement Rules to CSC
29AA(2)
The operation of the Commonwealth Procurement Rules is modified under subsection
(3)
in relation to CSC
'
s function of providing administrative services relating to superannuation schemes administered by CSC.
History
S 29AA(2) amended by FRLI No F2020L00662, s 4 and Sch 1 item 14, by substituting
"
Commonwealth Procurement Rules
"
for
"
Commonwealth Procurement Rules
(as in force from time to time for the purposes of section 105B of the Act)
"
, effective 4 June 2020.
S 29AA(2) amended by FRLI No F2018L01476, s 4 and Sch 1 item 26, by omitting
"
-
July 2014
"
after
"
Commonwealth Procurement Rules
"
, effective 27 October 2018.
29AA(3)
The operation of those Rules is modified by applying to CSC in relation to that function as if:
(a)
for rules 4.9 and 4.10 (which deal with procurement-connected policies)
-
CSC were a prescribed corporate Commonwealth entity that is required to comply with rules 4.9 and 4.10 if, under section
22
of the Act, a government policy order that specifies procurement-connected policies applies in relation to CSC; and
(b)
for rules 4.11 and 4.12 (which deal with coordinated procurement)
-
CSC were a prescribed corporate Commonwealth entity; and
(c)
otherwise
-
CSC were a non-corporate Commonwealth entity.
History
S 29AA(3) amended by FRLI No F2020L00662, s 4 and Sch 1 items 15 and 16, by substituting
"
rules 4.9 and 4.10
"
for
"
rules 4.7 and 4.8
"
(wherever occurring) in para (a) and
"
rules 4.11 and 4.12
"
for
"
rules 4.9 and 4.10
"
in para (b), effective 4 June 2020.
History
S 29AA amended by FRLI No F2020L00662, s 4 and Sch 1 items 12 and 13, by substituting
"
the Commonwealth Procurement Rules for
"
for
"
the
Commonwealth Procurement Rules
for
"
and
"
the Commonwealth Procurement Rules apply
"
for
"
the
Commonwealth Procurement Rules
apply
"
, effective 4 June 2020.
S 29AA amended by FRLI No F2018L01476, s 4 and Sch 1 items 23 and 24, by substituting
"
The purpose of this section is to modify the operation of the Act and the
Commonwealth Procurement Rules
for CSC.
"
for
"
The purpose of this section is to modify the operation of the Act and the
Commonwealth Procurement Rules
-
July 2014
for CSC.
"
and
"
(b) the
Commonwealth Procurement Rules
apply to CSC, but only in relation to CSC
'
s function of providing administrative services relating to superannuation schemes administered by CSC.
"
for
"
(b) the
Commonwealth Procurement Rules
-
July 2014
apply to CSC, but only in relation to CSC
'
s function of providing administrative services relating to superannuation schemes administered by CSC.
"
, effective 27 October 2018.