EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 150

 

Issued by the Authority of the Minister for Finance and Administration

 

Commonwealth Authorities and Companies Act 1997

 

Commonwealth Authorities and Companies Amendment Regulations 2006 (No. 1) (the Regulations)

 

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

 

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

 

Subsection 47A(1) of the Act provides that section 47A applies to Commonwealth authorities and wholly-owned Commonwealth companies specified in the Commonwealth Authorities and Companies Regulations 1997 (the Principal Regulations).

 

Subsection 47A(2) provides that the Finance Minister may, in writing, give directions to the directors of an authority or company to which this section applies on matters related to the procurement of property or services.

 

For the purposes of section 47A of the Act, 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 section 47A of the Act.

 

The Regulations amended the Principal Regulations to update the list of Commonwealth authorities which must comply with government procurement requirements in Part 1 of Schedule 1.

 

Further details of the Regulations are in the Attachment.

 

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

 

In relation to section 17 of the Legislative Instruments Act, no 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 Office of Regulation Review advised that the preparation of a Regulation Impact Statement was not mandatory for the same reasons.

 

The Regulations commence at the same time as Part 1 of Schedule 1 to the Australian Trade Commission Legislation Amendment Act 2006.

 

 

ATTACHMENT

 

Details of the Commonwealth Authorities and Companies Amendment Regulations 2006 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Commonwealth Authorities and Companies Amendment Regulations 2006 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence at the same time as Part 1 of Schedule 1 to the Australian Trade Commission Legislation Amendment Act 2006.

 

Regulation 3 – Amendment of Commonwealth Authorities and Companies Regulations 1997

 

This regulation provides that the Commonwealth Authorities and Companies Regulations 1997 (the Principal Regulations) are amended as set out in Schedule 1.

 

Schedule 1

 

Item [1] – Schedule 1, Part 1

 

The Amendments updated the list of prescribed Commonwealth authorities by removing references to the Australian Trade Commission (Austrade) and the National Occupational Health and Safety Commission (NOHSC).

·        After commencement of Part 1 of Schedule 1 to the Australian Trade Commission Legislation Amendment Act 2006, Austrade ceased to be a Commonwealth authority under the CAC Act and instead became a Financial Management and Accountability Act 1997 agency.

·        NOHSC was abolished on 1 January 2006 by the National Occupational Health and Safety Commission (Repeal, Consequential and Transitional Provisions) Act 2005 and its functions were taken over by the Australian Safety and Compensation Council, which is not a Commonwealth authority.

·        Accordingly, the references to Austrade and NOHSC in the Principal Regulations were no longer required.