EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 353

 

Issued by the Authority of the Minister for Finance and Administration

 

Commonwealth Authorities and Companies Act 1997

 

Commonwealth Authorities and Companies Amendment Regulations 2007 (No. 2) (the Regulations)

 

The Commonwealth Authorities and Companies Act 1997 (the CAC Act) provides reporting, accountability and other rules for Commonwealth authorities and Commonwealth companies.

 

Subsection 49(1) of the CAC Act provides that the Governor-General may make regulations prescribing matters required or permitted by the CAC Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the CAC Act.

 

The Regulations would make several minor administrative changes to the Commonwealth Authorities and Companies Regulations 1997 (the Principal Regulations). These changes are the result of one body corporate ceasing to be a Commonwealth company and two bodies corporate ceasing to be Commonwealth authorities under the CAC Act.

 

Removing a Commonwealth company

 

Section 5 of the CAC Act provides that the responsible Minister for a Commonwealth company is the Minister who is prescribed by the regulations as the Minister responsible for the Company.

 

Regulation 4A of the Principal Regulations prescribes those Commonwealth companies for which the Minister for Finance and Administration is the responsible Minister for the purposes of section 5.

 

The Telstra Instalment Receipt Trustee Limited (TIRT) has been deregistered as a company and ceased to operate from 3 June 2007. Accordingly, the Regulations amend the Principal Regulations to update the list in regulation 4A by removing TIRT.

 

Removing two Commonwealth authorities

 

Section 47A of the CAC Act provides that the Finance Minister may, in writing, give directions to the directors of a Commonwealth authority specified in the Principal Regulations on matters related to the procurement of property or services.

 

Regulation 9 of the Principal Regulations provides that the Commonwealth authorities listed in Part 1 of Schedule 1 to the Principal Regulations are specified for the purposes of section 47A of the Act.

 

The Australian Pesticides and Veterinary Medicines Authority (APVMA) and the Great Barrier Reef Marine Park Authority (GBRMPA) have ceased to be Commonwealth authorities under the CAC Act, and have instead become Financial Management and Accountability Act 1997 (FMA Act) agencies, upon commencement of the Agricultural and Veterinary Chemicals Legislation Amendment (Administration) Act 2007 and the Great Barrier Reef Marine Park Amendment Act 2007. Accordingly, the Regulations amend the Principal Regulations to update the list in Part 1 of Schedule 1 by removing APVMA and GBRUMPA.

 

Further details of the Regulations are in the Attachment.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

In accordance with section 17 of the Legislative Instruments Act 2003 we have consulted with the Department of Agriculture, Fisheries and Forestry and the Department of Environment and Water resources. No further consultation was undertaken in relation to the Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

 

The amendments commence on the day after they are registered on the Federal Register of Legislative Instruments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT

 

Details of the Commonwealth Authorities and Companies Amendment Regulations 2007 (No. 2)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Commonwealth Authorities and Companies Amendment Regulations 2007 (No. 2) (the Regulations).

 

Regulation 2 – Commencement

 

This regulation provides for the commencement of the Regulations on the day after they are registered.

 

Regulation 3 – Amendment of Commonwealth Authorities and Companies Regulations 1997

 

This regulation provides that the Schedule 1 amends the Commonwealth Authorities and Companies Regulations 1997 (the Principal Regulations).

 

Schedule 1

 

Item [1] – Schedule 1

 

This amendment replaces the table in subregulation 4A(1) with an updated table of Commonwealth companies for which the Minister for Finance and Administration is the responsible Minister.

 

On 3 June 2007, the Telstra Instalment Receipt Trustee Limited (TIRT) was deregistered as a company. The Regulations amend the Principal Regulations to remove TIRT from the current table in regulation 4A.

 

Item [2] – Schedule 1

 

This amendment replaces the table in Part 1 of Schedule 1 to the Principal Regulations, which lists those Commonwealth authorities subject to government procurement requirements under section 47A of the CAC Act.

 

The Agricultural and Veterinary Chemicals Legislation Amendment (Administration) Act 2007 and the Great Barrier Reef Marine Park Amendment Act 2007 has resulted in the Australian Pesticides and Veterinary Medicines Authority (APVMA) and the Great Barrier Reef Marine Park Authority (GBRMPA) ceasing to be Commonwealth authorities under the CAC Act and will become Financial Management and Accountability Act 1997 (FMA Act) agencies. The Regulations creates a new table to list those Commonwealth authorities which are subject to government procurement requirements, from which APVMA and GRBRMPA have been removed.