Financial Management and Accountability Amendment Regulations 2008 (No. 2)

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Financial Management and Accountability Amendment Regulations 2008 (No. 2)1
Select Legislative Instrument 2008 No. 108
I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Financial Management and Accountability Act 1997.
Dated 19 June 2008
P. M. JEFFERY
Governor‑General
By His Excellency’s Command
LINDSAY TANNER
Minister for Finance and Deregulation
Contents
                        1     Name of Regulations                                                        2
                        2     Commencement                                                              2
                        3     Amendment of Financial Management and Accountability Regulations 1997 — Schedule 1        2
                        4     Transitional                                                                     3
                        5     Amendment of Financial Management and Accountability Regulations 1997 — Schedule 2        3
Schedule 1             Amendments commencing on registration                    4
Schedule 2             Amendments commencing on 1 July 2008                    6
 
 
 
1              Name of Regulations
                These Regulations are the Financial Management and Accountability Amendment Regulations 2008 (No. 2).
2              Commencement
                These Regulations commence as follows:
                 (a)     on the day after they are registered — regulations 1 to 4 and Schedule 1;
                (b)     on 1 July 2008 — regulation 5 and Schedule 2.
3              Amendment of Financial Management and Accountability Regulations 1997 — Schedule 1
                Schedule 1 amends the Financial Management and Accountability Regulations 1997.
4              Transitional
                On the commencement of Schedule 1, the Fraud Control Guidelines:
                 (a)     made under subregulation 19 (1) of the Financial Management and Accountability Regulations 1997; and
                (b)     as in force immediately before the commencement of Schedule 1;
continue in force as Fraud Control Guidelines made under subregulation 19 (1) as amended by Schedule 1.
5              Amendment of Financial Management and Accountability Regulations 1997 — Schedule 2
                Schedule 2 amends the Financial Management and Accountability Regulations 1997.
Schedule 1        Amendments commencing on registration
(regulation 3)
  
[1]           Subregulation 19 (1)
omit
 Minister for Justice
insert
 Minister for Home Affairs
[2]           Regulation 22
substitute
22            Investment of public money
         (1)   For subparagraphs (a) (iv) and (b) (v) of the definition of authorised investment in subsection 39 (10) of the Act, each of the following is another form of investment:
                (a)    a bill of exchange accepted or endorsed only by a bank;
               (b)    a professionally managed money market trust if the Minister or the Treasurer is satisfied that:
                          (i)    the only investments managed by the trust are mentioned in subparagraph (a) (i), (ii) or (iii), or
(b) (i), (ii) or (iii), of the definition of authorised investment in subsection 39 (10) of the Act, or in paragraph (a); and
                         (ii)    a charge over trust assets does not support any borrowings by the trust;
                (c)    a dematerialised security that is the equivalent of an investment mentioned in subparagraph a (iii) or (b) (iii) of the definition of authorised investment in subsection 39 (10) of the Act;
               (d)    a dematerialised security that is the equivalent of an investment mentioned in paragraph (a).
         (2)   In subregulation (1):
dematerialised security means a debt obligation that is registered on Austraclear.
Note   The Austraclear system is operated in accordance with the Austraclear Regulations of Austraclear Limited. In mid‑2008, this was available on the internet at:
http://www.asx.com.au/supervision/pdf/sfe_operating_rules/austraclear_system_regulations.pdf
[3]           Schedule 1, Part 2, item 204
renumber as item 201
Schedule 2        Amendments commencing on 1 July 2008
(regulation 5)
[1]           After Part 4
insert
Part 5                 Relevant Agency receipts
15            Relevant Agency receipts
         (1)   Subject to regulation 16, for subsection 31 (1) of the Act, the following kinds of amounts are prescribed:
                (a)    specified amounts received by an Agency;
               (b)    amounts that offset costs of the Agency that receives the amount;
                (c)    amounts received in relation to the participation in, or taking advantage of, a specified program by the Agency that receives the amount;
               (d)    amounts received in relation to the sale of minor departmental assets of the Agency that receives the amount;
                (e)    amounts received in relation to the carrying on of business activities by the Agency that receives the amount.
         (2)   For paragraph (1) (a), specified amounts means the following:
                (a)    amounts received as sponsorships, grants, subsidies, contributions, gifts or bequests in relation to the departmental activities of the Agency that receives the amount;
               (b)    amounts that are debited from a Special Account, in accordance with the debit purposes of the Special Account;
                (c)    amounts received in relation to an application to the Agency under the Freedom of Information Act 1982;
               (d)    amounts received as discounts, monetary incentives or rebates in relation to procurement arrangements;
                (e)    amounts received as insurance recoveries in relation to departmental activities;
                (f)    amounts received by way of, or in satisfaction of a claim for, compensation or damages;
                (g)    amounts received as GST.
         (3)   Subject to subregulation (4), for paragraph (1) (b), receipts that offset costs means amounts received by an Agency, to the extent that the amount received offsets costs incurred by the Agency in relation to:
                (a)    the sale or hiring out of goods; or
               (b)    the provision by the Agency of either or both of staff and services; or
                (c)    the transfer of annual and long service leave entitlements; or
               (d)    the payment to an employee, consultant, contractor or other person engaged by an Agency of an employee benefit; or
                (e)    the subleasing of real property; or
                (f)    the conduct of litigation or dispute resolution by an Agency; or
                (g)    royalties and licence fees.
         (4)   Subregulations (2) and (3) do not apply to an amount received by an Agency if a departmental item has been appropriated for the Agency in relation to the amount received by the Agency.
         (5)   For paragraph (1) (c), receipts in relation to an Agency’s participation in, or taking advantage of, a specified program include amounts received by an Agency:
                (a)    in relation to a program that supports employees engaged in national security or defence activities; or
               (b)    in relation to an employment subsidy scheme; or
                (c)    in relation to a rebate of fuel tax, if the fuel tax was paid under a departmental item; or
               (d)    in relation to a refund of fringe benefits tax that was paid in excess of the Agency’s legal liability; or
                (e)    in relation to any other program or scheme determined, in writing, by the Finance Minister.
         (6)   For paragraph (1) (e), receipts in relation to an Agency carrying on business activities means amounts received by an Agency in relation to a business activity that has been conducted in accordance with the Commonwealth competitive neutrality policy, to the extent that the amount received exceeds the cost to the Agency in carrying out the activity.
         (7)   If the total of amounts received by an Agency, in a financial year, in relation to:
                (a)    the sale of minor departmental assets; and
               (b)    the Agency carrying on business activities;
is, in aggregate, 5% of the amount that was appropriated to the Agency, in relation to the relevant departmental item, for the relevant financial year, any further amount is not a kind of amount for subsection 31 (1) of the Act.
         (8)   In this regulation:
employee means:
                (a)    a member of the Defence Force;
               (b)    an office‑holder;
                (c)    a person engaged under any of the following Acts:
                          (i)    Air Force Act 1923;
                         (ii)    Australian Bureau of Statistics Act 1975;
                         (iii)    Australian Federal Police Act 1979;
                        (iv)    Australian Prudential Regulation Authority Act 1998;
                         (v)    Australian Securities and Investments Commission Act 2001;
                        (vi)    Australian Security Intelligence Organisation Act 1979;
                        (vii)    Commonwealth Electoral Act 1918;
                       (viii)    Defence Act 1903;
                        (ix)    Director of Public Prosecutions Act 1983;
                         (x)    Family Law Act 1975;
                        (xi)    Governor‑General Act 1974;
                        (xii)    High Court of Australia Act 1979;
                       (xiii)    Intelligence Services Act 2001;
                       (xiv)    Members of Parliament (Staff) Act 1984;
                       (xv)    Naval Defence Act 1910;
                       (xvi)    Office of National Assessments Act 1977;
                      (xvii)    Parliamentary Service Act 1999;
                     (xviii)    Public Service Act 1999.
minor departmental asset means an asset of an Agency of which the purchase price is less than $10 000 000.
16            Limits on Agency receipts
         (1)   Despite any other regulation, an amount received by way of a tax, levy, fine or penalty is not a kind of amount for subsection 31 (1) of the Act.
         (2)   If the Commonwealth competitive neutrality policy applies to the activity of an Agency in relation to which an amount was received, the amount is a kind of amount for subsection 31 (1) of the Act only to the extent to which the activity is undertaken consistent with that policy.
         (3)   If the Commonwealth cost recovery policy applies to the activity of an Agency in relation to which an amount was received, the amount is a kind of amount for subsection 31 (1) of the Act only to the extent to which the activity is undertaken consistent with that policy.
[2]           Schedule 1, Part 1, including the notes
substitute
Schedule 1        Prescribed agencies
(regulation 5)
Part 1          Prescribed agencies that do not handle money other than public money
 
Item
Agency
Chief Executive
 
101
Administrative Appeals Tribunal, comprising:
   (a)  the Registrar of the Administrative Appeals Tribunal; and
   (b)  the District Registrars, the Conference Registrars, the Deputy Registrars and the staff of the Tribunal mentioned in subsection 24N (3) of the Administrative Appeals Tribunal Act 1975; and
   (c)  persons made available to the Tribunal under subsection 24N (4) of that Act
See Note B
Registrar
 
102
AusAID, comprising:
   (a)  the person occupying, or performing the duties of, the office within the Department of Foreign Affairs and Trade known as Director‑General of AusAID; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Director‑General
Director‑General
 
103
Australian Bureau of Statistics, comprising:
   (a)  the Australian Statistician; and
   (b)  the staff mentioned in subsection 16 (1) of the Australian Bureau of Statistics Act 1975; and
   (c)  persons engaged under subsection 16 (2) of that Act
See Note B
Australian Statistician
 
104
Australian Centre for International Agricultural Research (ACIAR), comprising:
   (a)  the Chief Executive Officer of ACIAR established under section 4A of the Australian Centre for International Agricultural Research Act 1982; and
   (b)  commissioners appointed under Part III of that Act; and
   (c)  members of the Policy Advisory Council listed in section 19 of that Act; and
   (d)  the staff mentioned in sections 30 and 31 of that Act; and
   (e)  consultants engaged under section 32 of that Act.
See Note B
Chief Executive Officer
 
105
Australian Commission for Law Enforcement Integrity (ACLEI) comprising the staff members mentioned in section 11 of the Law Enforcement Integrity Commissioner Act 2006
See Note B
Integrity Commissioner
 
106
Australian Communications and Media Authority (the ACMA), comprising:
   (a)  the Chair, the Deputy Chair, the other members and the associate members of the ACMA; and
   (b)  the staff mentioned in subsection 54 (1) of the Australian Communications and Media Authority Act 2005; and
   (c)  persons whose services are made available for the purposes of the ACMA under subsection 55 (1) of that Act
See Note B
Chair
 
107
Australian Competition and Consumer Commission, comprising:
   (a)  the Chairperson, members and associate members of the Australian Competition and Consumer Commission; and
   (b)  the staff mentioned in section 27 of the Trade Practices Act 1974; and
   (c)  consultants engaged under section 27A of that Act; and
   (d)  a person taken to be a member, or an associate member, of the Australian Energy Regulator under section 8AB or 44AM of that Act; and
   (e)  the persons made available to assist the Australian Energy Regulator under paragraph 44AAC (a) of that Act; and
Chairperson
 
 
   (f)  consultants made available to assist the Australian Energy Regulator under paragraph 44AAC (b) of that Act
See Note B
 
 
108
Australian Crime Commission, comprising:
   (a)  the Chief Executive Officer and examiners of the Australian Crime Commission; and
   (b)  the staff mentioned in section 47 of the Australian Crime Commission Act 2002; and
   (c)  consultants engaged under section 48 of that Act; and
   (d)  persons whose services are made available under section 49 of that Act
See Note B
Chief Executive Officer
 
109
Australian Customs Service, comprising:
   (a)  the Chief Executive Officer of Customs; and
   (b)  the staff mentioned in section 15 of the Customs Administration Act 1985
See Note B
Chief Executive Officer of Customs
 
110
Australian Electoral Commission, comprising:
   (a)  the Electoral Commissioner, the Deputy Electoral Commissioner, and the Australian Electoral Officers; and
   (b)  the staff and other persons mentioned in section 29 of the Commonwealth Electoral Act 1918
See Note B
Electoral Commissioner
 
111
Australian Fair Pay Commission Secretariat (the AFPC Secretariat), comprising:
   (a)  the Director of the AFPC Secretariat; and
   (b)  the staff of the AFPC Secretariat; and
   (c)  consultants engaged by the Director of the AFPC Secretariat under section 7ZU of the Workplace Relations Act 1996
See Note B
Director
 
112
Australian Federal Police, comprising:
   (a)  the Commissioner of Police and any Deputy Commissioner of Police appointed under the Australian Federal Police Act 1979; and
   (b)  AFP employees, special members and special protective service officers of the Australian Federal Police, within the meaning of that Act
Commissioner of Police
 
113
Australian Industrial Registry,
comprising:
   (a)  the Industrial Registrar and Deputy Industrial Registrars; and
   (b)  the staff mentioned in section 83 of Workplace Relations Act 1996
See Note B
Industrial Registrar
 
115
Australian Institute of Family Studies (AIFS), comprising:
   (a)  the Director of the AIFS; and
   (b)  the staff mentioned in section 114M of the Family Law Act 1975
See Note B
Director
 
116
Australian National Audit Office, comprising:
   (a)  the Auditor‑General; and
   (b)  the staff mentioned in section 40 of the Auditor‑General Act 1997; and
   (c)  persons engaged under section 27 of that Act
See Note B
Auditor‑General
 
117
Australian Office of Financial Management (AOFM), comprising:
   (a)  the person occupying, or performing the duties of, the office known as the Chief Executive of AOFM; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive
Chief Executive
of AOFM
 
118
Australian Pesticides and Veterinary Medicines Authority (APVMA), comprising:
   (a)  the Chief Executive Officer appointed under section 33 of the Agricultural and Veterinary Chemicals (Administration) Act 1992; and
   (b)  the Advisory Board established under section 14 of that Act; and
   (c)  staff mentioned in section 45 of that Act; and
   (d)  persons whose services are made available to APVMA under section 46 of that Act; and
   (e)  consultants engaged under section 47 of that Act.
See Note B
Chief Executive Officer
 
119
Australian Prudential Regulation Authority (APRA), comprising:
   (a)  the Chair of APRA appointed under section 18 of the Australian Prudential Regulation Authority Act 1998; and
   (b)  members appointed under section 16 of that Act; and
   (c)  staff mentioned in subsection 45 (1) of that Act; and
   (d)  persons whose services are made available to APRA under section 46 of that Act; and
Chair
 
 
   (e)  consultants engaged under section 47 of that Act.
 
 
120
Australian Public Service Commission (APS Commission), comprising:
   (a)  the Public Service Commissioner; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Commissioner
See Note B
Public Service Commissioner
 
121
Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), comprising:
   (a)  the Chief Executive Officer of ARPANSA; and
   (b)  the staff mentioned in section 58 of the Australian Radiation Protection and Nuclear Safety Act 1998
See Note B
Chief Executive Officer of ARPANSA
 
122
Australian Research Council, established by subsection 5 (1) of the Australian Research Council Act 2001
See Note B
Chief Executive Officer
 
123
Australian Secret Intelligence Service,
comprising:
   (a)  the Director‑General of the Australian Secret Intelligence Service; and
   (b)  persons employed by the Director‑General
Director‑General
 
124
Australian Securities and Investments Commission, comprising:
   (a)  the Chairperson and other members of the Commission; and
   (b)  the staff mentioned in section 120 of the Australian Securities and Investments Commission Act 2001; and
   (c)  consultants engaged under section 121 of that Act; and
   (d)  persons whose services are made available to the Commission under section 122 of that Act.
See Note B
Chairperson
 
125
Australian Security Intelligence Organisation, comprising:
   (a)  the Director‑General of Security; and
   (b)  persons employed under section 84 of the Australian Security Intelligence Organisation Act 1979
Director‑General
of Security
 
126
Australian Sports Anti‑Doping Authority (the ASADA), comprising:
   (a)  the Chair, the Deputy Chair and the other members of the ASADA; and
   (b)  the staff mentioned in section 49 of the Australian Sports Anti‑Doping Authority Act 2006; and
   (c)  the persons whose services are made available to the ASADA under section 50 of that Act.
See Note B
Chair
 
127
Australian Taxation Office, comprising:
   (a)  the Commissioner of Taxation and the Second Commissioners of Taxation; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Commissioner
See Note B
Commissioner
of Taxation
 
128
Australian Trade Commission (Austrade), comprising:
   (a)  the Chief Executive Officer mentioned in section 7B of the Australian Trade Commission Act 1985; and
   (b)  the staff mentioned in section 60 of that Act; and
Chief Executive Officer
 
 
   (c)  consultants engaged under section 62 of that Act
See Note B
 
 
129
Australian Transaction Reports and Analysis Centre (AUSTRAC), comprising:
   (a)  the Chief Executive Officer of AUSTRAC; and
Chief Executive Officer
 
 
   (b)  the staff mentioned in section 224 of the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006; and
   (c)  consultants engaged under subsection 225 (1) of that Act; and
   (d)  the persons whose services are made available to the Chief Executive Officer of AUSTRAC under subsection 225 (3) of that Act.
See Note B
 
 
130
Bureau of Meteorology, comprising:
   (a)  the Director mentioned in section 5 of the Meteorology Act 1955; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Director
See Note A
Director
 
131
Biosecurity Australia, comprising:
   (a)  the person occupying, or performing the duties of, the office within the Department of Agriculture, Fisheries and Forestry known as Chief Executive of Biosecurity Australia; and
   (b)  the persons engaged under the Public Service Act 1999 who assist the Chief Executive
Chief Executive

132
Cancer Australia, comprising:
   (a)  the Chief Executive Officer appointed under section 14 of the Cancer Australia Act 2006; and
   (b)  the staff mentioned in section 8 of that Act; and
   (c)  consultants (if any) engaged under section 9 of that Act; and
   (d)  the Advisory Council established under section 24 of that Act
See Note B
Chief Executive Officer

133
Centrelink (Commonwealth Services Delivery Agency), comprising:
   (a)  the Chief Executive Officer appointed under section 29 of the Commonwealth Services Delivery Agency Act 1997; and
Chief Executive Officer

 
   (b)  the staff mentioned in subsection 35 (1) of that Act; and
   (c)  consultants (if any) engaged under subsection 37 (1) of that Act
See Note B
 

134
Commonwealth Grants Commission, comprising:
   (a)  the Chairperson and members of the Commonwealth Grants Commission; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Commission
Secretary of the Commission
 
135
ComSuper, comprising:
   (a)  the Commissioner for Superannuation; and
   (b)  the staff mentioned in section 26 of the Superannuation Act 1976
See Note B
Commissioner for Superannuation
 
136
Corporations and Markets Advisory Committee (CAMAC), comprising:
   (a)  the Convenor and other members appointed under section 147 of the Australian Securities and Investments Commission Act 2001; and
   (b)  the staff mentioned in section 156 of that Act; and
   (c)  consultants engaged under section 157 of that Act; and
   (d)  persons whose services are made available to CAMAC under section 158 of that Act.
See Note B
Convenor
 
137
CrimTrac Agency, comprising:
   (a)  the Chief Executive Officer; and
Chief Executive Officer
 
 
   (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive Officer
See Note A
 
 
138
Dairy Adjustment Authority, comprising:
   (a)  the member of the Dairy Adjustment Authority mentioned in subclause 59 (4) of Schedule 2 to the Dairy Produce Act 1986; and
   (b)  persons whose services are made available to the Authority under clause 70 of Schedule 2 to that Act; and
   (c)  consultants engaged under clause 71 of Schedule 2 to that Act; and
   (d)  persons engaged under the Public Service Act 1999 to assist the Authority
Member
 
139
Defence Materiel Organisation, comprising:
   (a)  the Chief Executive Officer; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive Officer; and
   (c)  members of the Defence Force whose services are made available to assist the Chief Executive Officer
Chief Executive Officer
 
140
Equal Opportunity for Women in the Workplace Agency, comprising:
   (a)  the Director of the Equal Opportunity for Women in the Workplace Agency; and
   (b)  persons mentioned in section 29 of the Equal Opportunity for Women in the Workplace Act 1999; and
   (c)  consultants engaged under section 30 of that Act to assist the Director
See Note B
Director
 
141
Export Wheat Commission, comprising:
   (a)  the Chairperson and the other members of the Export Wheat Commission; and
   (b)  the staff mentioned in section 14 of the Wheat Marketing Act 1989; and
   (c)  the persons whose services are made available to the Export Wheat Commission under section 15 of that Act.
See Note B
Chairperson
 
142
Family Court of Australia, comprising:
   (a)  the Chief Executive Officer of the Family Court of Australia; and
   (b)  the officers and staff of the Registries
of the Court (within the meaning of section 38N of the Family Law Act 1975)
See Note B
Chief Executive Officer
 
143
Federal Court of Australia, comprising:
   (a)  the Registrar of the Federal Court of Australia; and
   (b)  other officers and staff of the Registries of the Court (within the meaning of section 18N of the Federal Court of Australia Act 1976)
See Note B
Registrar
 
144
Federal Magistrates Court of Australia, comprising:
   (a)  the Chief Executive Officer of the Federal Magistrates Court of Australia; and
   (b)  the staff of the Federal Magistrates Court of Australia engaged under the Public Service Act 1999
See Note B
Chief Executive Officer
 
145
Future Fund Management Agency, comprising:
   (a)  the Chair of the Future Fund Board of Guardians appointed under section 38 of the Future Fund Act 2006; and
   (b)  the staff mentioned in section 77 of that Act; and
   (c)  consultants engaged (if any) and persons seconded to the Agency (if any) under section 78 of that Act
See Note B
Chair of the Future Fund Board of Guardians
 
146
Geoscience Australia, comprising:
   (a)  the office known as the Chief Executive of Geoscience Australia; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive
Chief Executive of Geoscience Australia
 
147
Great Barrier Reef Marine Park Authority, comprising:
   (a)  the Chairperson and members of the Authority appointed under section 10 of the Great Barrier Reef Marine Park Act 1975; and
   (b)  the staff mentioned in subsection 40 (1) of that Act; and
   (c)  other persons engaged under section 41 of that Act; and
   (d)  the State and local government officers and employees mentioned in subsection 42 (1) of that Act; and
   (e)  the officers and employees of Commonwealth Agencies and authorities mentioned in subsection 42 (2) of that Act.
See Note B
Chairperson
 
148
Human Rights and Equal Opportunity Commission, comprising:
   (a)  the President and Commissioners; and
   (b)  the staff mentioned in section 43 of the Human Rights and Equal Opportunity Commission Act 1986
See Note B
President
 
149
Insolvency and Trustee Service Australia (ITSA), comprising:
   (a)  the Chief Executive of ITSA; and
Chief Executive
 
 
   (b)  persons engaged under the Public Service Act 1999 to assist the Chief Executive
See Note A
 
 
150
Inspector‑General of Taxation, comprising:
   (a)  the Inspector‑General of Taxation mentioned in section 6 of the Inspector‑General of Taxation Act 2003; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Inspector‑General of Taxation; and
   (c)  persons made available to the Inspector‑ General of Taxation under subsection 36 (3) of the Inspector‑General of Taxation Act 2003; and
   (d)  consultants engaged under subsection 36 (4) of the Inspector‑General of Taxation Act 2003
See Note B
Inspector‑General
of Taxation
 
151
IP Australia, comprising:
   (a)  the Director‑General of IP Australia; and
Director‑General
 
 
   (b)  persons engaged under the Public Service Act 1999 to assist the Director‑General
 
 
152
Medicare Australia comprising:
   (a)  the Chief Executive Officer appointed under section 8AG of the Medicare Australia Act 1973; and
   (b)  the staff mentioned in subsection 20 (1) of that Act; and
Chief Executive Officer
 
 
   (c)  consultants (if any) engaged under subsection 21 (1) of that Act
See Note B
 
 
153
Migration Review Tribunal and Refugee Review Tribunal (MRT–RRT) comprising:
   (a)  the Principal Member, Senior Members and other members of the Migration Review Tribunal (MRT) mentioned in section 395 of the Migration Act 1958; and
   (b)  the Registrar, Deputy Registrars and other officers of the MRT mentioned in section 407 of that Act; and
   (c)  the Principal Member, Deputy Principal Member, Senior Members and other members of the Refugee Review Tribunal (RRT) mentioned in section 458 of the Migration Act 1958; and
   (d)  the Registrar and other officers of the RRT mentioned in section 472 of that Act
Principal Member
of the RRT
 
154
Murray‑Darling Basin Authority, comprising:
   (a)  the Authority Chair and other members of the Authority mentioned in section 177 of the Water Act 2007; and
   (b)  the members of the Basin Officials Committee established under section 201 of that Act; and
   (c)  the members of the Basin Community Committee established under section 202 of that Act; and
   (d)  the members of any other advisory committee established under section 203 of that Act; and
   (e)  the staff mentioned in section 206 of that Act; and
   (f)  persons whose services are made available to the Authority under section 207 of that Act; and
   (g)  any authorised officer appointed under section 217 of that Act
See Note B
Authority Chair
 
155
National Archives of Australia, comprising:
   (a)  the Director‑General; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Director‑General
See Note A
Director‑General
 
156
National Blood Authority, comprising:
   (a)  the General Manager of the National Blood Authority; and
   (b)  the staff mentioned in section 36 of the National Blood Authority Act 2003; and
   (c)  consultants engaged under section 37 of that Act
See Note B
General Manager
 
157
National Capital Authority, comprising:
   (a)  the Chairman and the Chief Executive of the Authority; and
   (b)  the staff mentioned in section 47 of Australian Capital Territory (Planning and Land Management) Act 1988; and
   (c)  consultants engaged under section 48 of that Act
See Note B
Chief Executive
 
158
National Competition Council, comprising:
   (a)  the Council President and the Councillors mentioned in section 29C of the Trade Practices Act 1974; and
   (b)  the staff mentioned in section 29M of that Act; and
   (c)  the persons engaged under section 29N of that Act
See Note B
Council President
 
159
National Health and Medical Research Council (NHMRC) comprising:
   (a)  the Chief Executive Officer mentioned in section 6 of the National Health and Medical Research Council Act 1992; and
   (b)  the Chair and other members of the Council of the NHMRC mentioned in section 20 of that Act; and
Chief Executive Officer
 
 
   (c)  the members of Principal Committees established under section 35 of that Act; and
   (d)  the members of any working committees established under section 39 of that Act; and
   (e)  the staff mentioned in section 45 of that Act; and
   (f)  consultants engaged under section 46 of that Act; and
   (g)  the Commissioner of Complaints mentioned in section 55 of that Act; and
 
 
 
   (h)  a person assisting:
         (i)   the Chief Executive Officer; or
        (ii)   the Council; or
       (iii)   a committee; or
       (iv)   the Commissioner of Complaints;
         in the performance of functions under the Act; and
    (i)  members of the NHMRC Licensing Committee established under section 13 of the Research Involving Human Embryos Act 2002
See Note B
 
 
160
National Native Title Tribunal, comprising:
   (a)  the Native Title Registrar, and
   (b)  the Deputy Registrar or Deputy Registrars appointed by the Registrar under section 130 of the Native Title Act 1993; and
   (c)  the staff mentioned in section 130 of that Act; and
   (d)  other persons engaged under section 132 of that Act
See Note B
Native Title Registrar
 
161
National Offshore Petroleum Safety Authority (NOPSA), established by section 150XD of the Petroleum (Submerged Lands) Act 1967, comprising:
   (a)  the Chief Executive Officer of NOPSA; and
   (b)  the staff mentioned in subsection 150YH (1) of that Act; and
   (c)  consultants engaged under subsection 150YI (1) of that Act; and
Chief Executive Officer
 
 
   (d)  the officers and employees mentioned in subsection 150YI (3) of that Act
See Note B
 
 
162
National Water Commission, established by section 6 of the National Water Commission Act 2004, comprising:
   (a)  the Chief Executive Officer and Commissioners of the National Water Commission; and
   (b)  the staff mentioned in subsection 35 (1) of that Act; and
   (c)  the officers and employees mentioned in subsections 36 (1) and (2) of that Act; and
   (d)  the consultants engaged under subsection 37 (1) of that Act
See Note B
Chief Executive Officer
 
165
Office of National Assessments, comprising:
   (a)  the Director‑General of the Office of National Assessments; and
   (b)  the staff mentioned in section 17 of the Office of National Assessments Act 1977
See Note B
Director‑General
 
166
Office of Parliamentary Counsel, comprising:
   (a)  the First Parliamentary Counsel and Second Parliamentary Counsel; and
   (b)  the staff mentioned in section 16 of the Parliamentary Counsel Act 1970
See Note B
First Parliamentary Counsel
 
167
Office of the Australian Building and Construction Commissioner, comprising:
   (a)  the Australian Building and Construction Commissioner; and
   (b)  the Deputy Australian Building and Construction Commissioners; and
Australian Building and Construction Commissioner
 
 
   (c)  the staff mentioned in subsection 25 (1) of the Building and Construction Industry Improvement Act 2005; and
   (d)  the consultants engaged under subsection 25 (3) of that Act.
See Note B
 
 
168
Office of the Commonwealth Ombudsman, comprising:
   (a)  the Commonwealth Ombudsman and the Deputy Commonwealth Ombudsmen; and
   (b)  the staff mentioned in section 31 of the Ombudsman Act 1976
See Note B
Commonwealth Ombudsman
 
169
Office of the Privacy Commissioner, comprising:
   (a)  the Privacy Commissioner; and
   (b)  the staff mentioned in section 26A of the Privacy Act 1988
See Note B
Privacy Commissioner
 
170
Office of the Director of Public Prosecutions, comprising:
   (a)  the Director of Public Prosecutions; and
   (b)  the Associate Director of Public Prosecutions; and
   (c)  staff mentioned in section 27 of the Director of Public Prosecutions Act 1983; and
Director of Public Prosecutions
 
 
   (d)  persons engaged under section 28 of that Act; and
   (e)  persons whose services are made available to the Director under section 29 of that Act
See Note B
 
 
171
Office of the Inspector‑General of Intelligence and Security, comprising:
   (a)  the Inspector‑General of Intelligence and Security; and
   (b)  the staff mentioned in section 32 of the Inspector‑General of Intelligence and Security Act 1986
See Note B
Inspector‑General of Intelligence and Security
 
172
Office of the Official Secretary to the Governor‑General, comprising:
   (a)  the Official Secretary to the Governor‑General; and
   (b)  persons employed under section 13 of the Governor‑General Act 1974
Official Secretary
to the Governor‑ General
 
173
Office of the Renewable Energy Regulator, comprising:
   (a)  the Regulator; and
   (b)  staff mentioned in section 151 of the Renewable Energy (Electricity) Act 2000; and
Regulator
 
 
   (c)  persons engaged under contract under section 155 of that Act to assist in the performance of any function of the Regulator
See Note B
 
 
174
Office of the Workplace Ombudsman, comprising:
   (a)  the Workplace Ombudsman; and
   (b)  the staff assisting the Workplace Ombudsman in the performance of the Workplace Ombudsman’s functions; and
   (c)  the workplace inspectors appointed under section 167 of the Workplace Relations Act 1996.
See Note B
Workplace Ombudsman
 
175
Old Parliament House, comprising:
   (a)  the Director; and
   (b)  persons engaged under the Public Service Act 1999 to assist the Director.
See Note A
Director
 
176
Private Health Insurance Ombudsman, comprising:
   (a)  the Private Health Insurance Ombudsman mentioned in section 238‑1 of the Private Health Insurance Act 2007; and
   (b)  the staff mentioned in section 253‑45 of that Act
See Note B
Private Health Insurance Ombudsman
 
177
Productivity Commission, comprising:
   (a)  the Chair and other members of the Productivity Commission; and
Chair of the Commission
 
 
   (b)  persons engaged under the Public Service Act 1999 to assist the Commission; and
   (c)  persons engaged under section 45 of the Productivity Commission Act 1998
See Note B
 
 
178
Professional Services Review Scheme, comprising:
   (a)  the Director of Professional Services Review and Deputy Directors of Professional Services Review; and
   (b)  the staff mentioned in section 106ZM of the Health Insurance Act 1973; and
Director of Professional Services Review
 
 
   (c)  persons whose services are made available to the Director under section 106ZN of that Act; and
   (d)  consultants engaged under section 106ZP of that Act
See Note B
 
 
179
Royal Australian Mint, comprising:
   (a)  the Chief Executive Officer of the Royal Australian Mint; and
   (b)  persons engaged under the Public Service Act 1999 who assist the Chief Executive Officer; and
   (c)  persons employed under other arrangements to assist the Chief Executive Officer
Chief Executive Officer
 
180
Seafarers Safety, Rehabilitation and Compensation Authority (Seacare Authority) established by section 103 of the Seafarers Rehabilitation and Compensation Act 1992, comprising:
   (a)  the Chairperson of the Authority mentioned in section 109 of the Seafarers Rehabilitation and Compensation Act 1992; and
   (b)  staff made available to the Authority by Comcare under subsection 72A (2) of the Safety, Rehabilitation and Compensation Act 1988; and
   (c)  the Chief Executive Officer of Comcare, to the extent that the Authority has delegated its functions or powers to the Chief Executive Officer under subsection 125 (1) of the Seafarers Rehabilitation and Compensation Act 1992
Chairperson
 
181
Workplace Authority, comprising:
   (a)  the Workplace Authority Director; and
   (b)  the Workplace Authority Deputy Directors; and
   (c)  the staff assisting the Workplace Authority Director.
See Note B
Workplace Authority Director
 

Note A   This agency also encompasses an Executive Agency, established under section 65 of the Public Service Act 1999 by order of the Governor‑General in the Commonwealth Gazette mentioned for the agency:
·      Bureau of Meteorology (Gazette S 221, published on 27 June 2002)
·      CrimTrac Agency (Gazette GN 23, published on 14 June 2000)
·      Insolvency and Trustee Service Australia (Gazette GN 23, published on 14 June 2000; and Gazette PS 20, published on 24 May 2001)
·      National Archives of Australia (Gazette GN 8, published on 28 February 2001)
·      Office of Workplace Services (Gazette S 42, published on 17 March 2006)
·      Old Parliament House (Gazette GN S 96, published on 1 May 2008).
Note B   This agency also encompasses a Statutory Agency (a body or group of persons declared by an Act to be a Statutory Agency for the purposes of the Public Service Act 1999).
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.
 

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