Commonwealth Numbered Regulations - Explanatory Statements

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COMMONWEALTH AUTHORITIES AND COMPANIES AMENDMENT REGULATIONS 2009 (NO. 4) (SLI NO 224 OF 2009)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 224

 

Issued by the Authority of the Minister for Finance and Deregulation

 

Commonwealth Authorities and Companies Act 1997

 

Commonwealth Authorities and Companies Amendment Regulations 2009 (No. 4)

 

The Commonwealth Authorities and Companies Act 1997 (the CAC Act) contains 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 amend the Commonwealth Authorities and Companies Regulations 1997 (the Principal Regulations) to reflect the change of name for a government business enterprise, A.C.N 136 533 741 Limited, the Commonwealth company established to build and operate the national broadband network, to its new name, NBN Co Limited.

 

The Regulations also re-number items in the table in subregulation 4A(1) and replace tables in subregulation 4(2) and in Part 1 of Schedule 1 to the Principal Regulations. The new tables re-order the bodies in those tables into alphabetical order and re‑number item numbers so that the item numbers in each table are sequential. For example, some tables have numeric and alpha numeric numbering that is not sequential.

 

Legislative Instruments Act 2003

 

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

 

No consultation was undertaken in relation to these Regulations. In accordance with paragraph 18(2)(a) of the Legislative Instrument Act, consultation was considered unnecessary because the instrument is machinery in nature.

 

Best Practice Regulation Preliminary Assessment

 

A Best Practice Regulation Preliminary Assessment was undertaken in accordance with the guidance issued by the Office of Best Practice Regulation. This assessment indicated that a regulation impact statement was not required, as the Regulations only affect Commonwealth authorities under the CAC Act, and do not affect the private sector.

 

Commencement

 

The Regulations 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 2009 (No. 4)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Commonwealth Authorities and Companies Amendment Regulations 2009 (No. 4).

 

Regulation 2 – Commencement

 

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

 

Regulation 3 – Amendment of Commonwealth Authorities and Companies Regulations 1997

 

This regulation provides that Schedule 1 amends the Principal Regulations.

 

Schedule 1

 

Item [1]

 

Section 5 of the CAC Act defines a government business enterprise (GBE) as a Commonwealth authority or Commonwealth company prescribed by the regulations for the purpose of the definition.

 

Subregulation 4(2) of the Principal Regulations prescribes those Commonwealth companies that are GBEs for the purpose of the CAC Act. The Principal Regulations provide that where the company’s name is changed, the company, under the new name, is taken to the prescribed.

 

Item [1] replaces the table in subregulation 4(2) of the Principal Regulations. The new table replaces the company name, A.C.N. 136 533 741 Limited, with the new name, NBN Co Limited. It also re-orders the list of Commonwealth companies in the table into alphabetical order and re-numbers the item numbers into sequential order.

 

Item [2]

 

Item [2] re-numbers the item numbers 2A and 3 as items 3 and 4 respectively in the table in subregulation 4A(1) of the Principal Regulations.

 

Item [3]

 

Item [3] replaces the table in Part 1 of Schedule 1 to the Principal Regulations to re‑order the names of the Commonwealth authorities into alphabetical order and make the item numbers sequential.

 


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