[pic] Commonwealth Authorities and Companies Regulations 1997 Statutory Rules 1997 No. 391 as amended made under the Commonwealth Authorities and Companies Act 1997 This compilation was prepared on 1 September 2011 taking into account amendments up to SLI 2011 No. 162 Prepared by the Office of Legislative Drafting and Publishing, Attorney-General's Department, Canberra Contents 1 Name of regulations [see Note 1] 3 2 Commencement 3 3 Interpretation 3 4 Government business enterprises (Act s 5) 3 4A Responsible Minister for Commonwealth companies (Act s 5) 4 5 Statutory marketing authorities (Act s 5) 4 6 Commonwealth authorities incorporated for a public purpose by regulations (Act s 7) 4 6AAA Corporate plan for GBE (Act ss 17 and 42) 5 6AA Commonwealth authority's credit cards (Act s 28A) 6 6AB Commonwealth authority's credit vouchers (Act s 28A) 7 6AC Authorisation for use of Commonwealth authority credit cards and credit vouchers (Act s 28A) 7 6AD Authorised expenditure using Commonwealth authority credit cards (Act s 28B) 8 6AE Authorised expenditure using Commonwealth authority credit vouchers (Act s 28B) 8 6A Audit committees for Commonwealth authorities (Act s 32) 9 6B Audit committees for wholly-owned Commonwealth companies (Act s 44) 10 8 Modification of Act for intelligence or security agency (Act s 46) 10 9 Compliance with government procurement requirements (Act s 47A) 11 Schedule 1 Compliance with government procurement requirements - authorities and companies 12 Part 1 Commonwealth authorities 12 Part 2 Wholly-owned Commonwealth companies 13 Notes 14 1 Name of regulations [see Note 1] These regulations are the Commonwealth Authorities and Companies Regulations 1997. 2 Commencement These Regulations commence on 1 January 1998. 3 Interpretation In these Regulations, unless the contrary intention appears: Act means the Commonwealth Authorities and Companies Act 1997. Commonwealth authority credit card has the meaning given by subsection 28B (4) of the Act. Commonwealth authority credit voucher has the meaning given by subsection 28B (4) of the Act. 4 Government business enterprises (Act s 5) (1) For the definition of GBE in section 5 of the Act, the authorities mentioned in the following table are prescribed: |Item|Authority |Enabling | | | |legislation | |1 |Australian Government |Judiciary Act 1903 | | |Solicitor | | |2 |Australian Postal |Australian Postal | | |Corporation |Corporation Act | | | |1989 | |3 |Defence Housing |Defence Housing | | |Australia |Australia Act 1987 | (2) For the definition of GBE in section 5 of the Act, the companies mentioned in the following table are prescribed: |Item|Company |Australian | | | |Company Number | |1 |ASC Pty Limited |008 605 034 | |2 |Australian Rail Track |081 455 754 | | |Corporation Limited | | |3 |Medibank Private Limited |080 890 259 | |4 |NBN Co Limited |136 533 741 | (3) If the name of a company mentioned in the table in subregulation (2) is changed, the company, under the new name, is taken to be prescribed. 4A Responsible Minister for Commonwealth companies (Act s 5) (1) For subparagraph (b) (i) of the definition of responsible Minister in section 5 of the Act, the Finance Minister is prescribed as the Minister responsible for the Commonwealth companies mentioned in the following table: |Item|Company |Australian Company | | | |Number | |1 |ASC Pty Limited |008 605 034 | |2 |Australian River Co. |008 654 206 | | |Limited | | |3 |Medibank Private |080 890 259 | | |Limited | | (2) If the name of a company mentioned in the table in subregulation (1) is changed, the company, under the new name, is taken to be prescribed. 5 Statutory marketing authorities (Act s 5) For the definition of SMA in section 5 of the Act, the Wine Australia Corporation is prescribed. 6 Commonwealth authorities incorporated for a public purpose by regulations (Act s 7) For paragraph 7 (1) (b) of the Act, the bodies corporate mentioned in the following table are prescribed: |Item|Authority |Enabling | | | |legislation | |1 |Army and Air Force |Defence Act 1903 | | |Canteen Service Board |and Army and Air | | |of Management |Force Canteen | | | |Service Regulations| | | |1959 | |2 |Royal Australian Navy |Naval Defence Act | | |Central Canteens Board |1910 and Navy | | | |(Canteens) | | | |Regulations 1954 | 6AAA Corporate plan for GBE (Act ss 17 and 42) (1) For subsection 17 (6) of the Act, this regulation sets out matters, details of which must be included in the corporate plan of a Commonwealth authority that is a GBE. (2) For subsection 42 (6) of the Act, this regulation sets out matters, details of which must be included in the corporate plan of a wholly-owned Commonwealth company that is a GBE. (3) The matters are: (a) the objectives of the authority or company; and (b) assumptions about the business environment in which the authority or company operates; and (c) the business strategies of the authority or company; and (d) the investment and financing programs of the authority or company, including strategies for managing financial risk; and (e) financial targets and projections for the authority or company; and (f) the dividend policy of the authority or company; and (g) non-financial performance measures for the authority or company; and (h) community service obligations of the authority or company, and the strategies and policies the authority or company is to follow to carry out those obligations; and (i) review of performance against previous corporate plans and targets; and (j) analysis of factors likely to affect achievement of targets or create significant financial risk for: (i) the authority or company; or (ii) the Commonwealth; and (k) price control and quality control strategies for goods or services supplied by the authority or company under a monopoly; and (l) human resource strategies and industrial relations strategies. 6AA Commonwealth authority's credit cards (Act s 28A) (1) For subsection 28A (2) of the Act, this regulation specifies requirements in relation to a Commonwealth authority's credit cards. (2) An agreement between the authority and the person who issues the authority's credit cards must be in writing. (3) The holder of the card: (a) must take responsibility for the physical security of the card; and (b) must not permit the card or the personal identification number for the card to be used for a purpose other than the purpose for which the card is provided. (4) The directors of the authority may determine the maximum amount that may be borrowed using a card for a person, or particular classes of persons, undertaking duties on behalf of the authority. (5) The directors of the authority must ensure that the authority: (a) establishes and maintains records of the cards; and (b) keeps records of transactions for which the cards are used. Note Section 20 of the Act applies to the cards. (6) The directors of the authority: (a) may make guidelines in relation to the cards; and (b) must ensure that the guidelines are consistent with the Act and these Regulations. Note This regulation does not apply to a Commonwealth authority if, under the authority's enabling legislation, the authority has an express power to borrow money (see subsection 28A (3) of the Act). 6AB Commonwealth authority's credit vouchers (Act s 28A) (1) For subsection 28A (2) of the Act, this regulation specifies requirements in relation to a Commonwealth authority's credit vouchers. (2) An agreement between the authority and the person who issues the authority's credit vouchers must be in writing. (3) The holder of the voucher: (a) must take responsibility for the physical security of the voucher; and (b) must not permit the voucher to be used for a purpose other than the purpose for which the voucher is provided. (4) The directors of the authority may determine the maximum amount that may be borrowed using a voucher for a person, or particular classes of persons, undertaking duties on behalf of the authority. (5) The directors of the authority must ensure that the authority: (a) establishes and maintains records of vouchers issued by the authority; and (b) keeps records of transactions for which vouchers issued by the authority are used. Note Section 20 of the Act applies to the vouchers. (6) The directors of the authority: (a) may make guidelines in relation to the vouchers; and (b) must ensure that the guidelines are consistent with the Act and these Regulations. Note This regulation does not apply to a Commonwealth authority if, under the authority's enabling legislation, the authority has an express power to borrow money (see subsection 28A (3) of the Act). 6AC Authorisation for use of Commonwealth authority credit cards and credit vouchers (Act s 28A) (1) For subsection 28A (2) of the Act, the directors of a Commonwealth authority may determine who is authorised to use the authority's credit cards and credit vouchers. (2) The directors may decide to delegate the power mentioned in subregulation (1) to a senior manager. 6AD Authorised expenditure using Commonwealth authority credit cards (Act s 28B) (1) For subsection 28B (2) of the Act, the directors of a Commonwealth authority may: (a) authorise a holder of the authority's credit card to use the card to pay a claim that includes both official and coincidental private expenditure; and (b) specify arrangements for the holder of the card to reimburse the authority for that coincidental private expenditure. (2) The holder of the card must pay to the authority the amount paid by the authority for the coincidental private expenditure in accordance with the arrangements. Note The amount payable to the authority under this regulation is recoverable as a debt in a court of competent jurisdiction (see subsection 28B (3) of the Act). 6AE Authorised expenditure using Commonwealth authority credit vouchers (Act s 28B) (1) For subsection 28B (2) of the Act, the directors of a Commonwealth authority may: (a) authorise a person to use the authority's credit voucher to pay a claim that includes both official and coincidental private expenditure; and (b) specify arrangements for the person to reimburse the authority for that coincidental private expenditure. (2) The person who uses the voucher must pay to the authority the amount paid by the authority for the coincidental private expenditure in accordance with the arrangements. Note The amount payable to the authority under this regulation is recoverable as a debt in a court of competent jurisdiction (see subsection 28B (3) of the Act). 6A Audit committees for Commonwealth authorities (Act s 32) (1) For subsection 32 (2) of the Act, the audit committee of a Commonwealth authority is to be constituted as follows: (a) the chair of the committee must be a person other than: (i) the chair of the authority; or (ii) an executive director of the authority; (b) the committee: (i) must be made up of at least 3 persons; and (ii) may include only 1 person who is an executive director of the authority; and (iii) subject to subregulation (4), must not include senior managers or employees of the authority other than the executive director mentioned in subparagraph (ii). (2) To avoid doubt, a committee may include persons who are not directors of the authority. Note The chair of the committee may, for example, be a non-executive director (other than the chair of the authority) or an external appointee of the authority. (3) The quorum for meetings of the committee is: (a) 2 persons; or (b) if the majority of the committee is greater than 2 persons - that number of persons. (4) The audit committee of the Australian Government Solicitor (AGS) may include members of the AGS Advisory Board. Note The AGS is established under section 55J of the Judiciary Act 1903. The AGS Advisory Board is established under the corporate governance arrangements that apply to the AGS in accordance with section 55ZE of that Act. 6B Audit committees for wholly-owned Commonwealth companies (Act s 44) (1) For subsection 44 (2) of the Act, the audit committee of a wholly-owned Commonwealth company is to be constituted as follows: (a) the chair of the committee must be a person other than: (i) the chair of the company; or (ii) an executive director of the company; (b) the committee: (i) must be made up of at least 3 persons; and (ii) may include only 1 person who is an executive director of the company; and (iii) must not include senior managers or employees of the company other than the executive director mentioned in subparagraph (ii). (2) To avoid doubt, a committee may include persons who are not directors of the company. Note The chair of the committee may, for example, be a non-executive director (other than the chair of the company) or an external appointee of the company. (3) The quorum for meetings of the committee is: (a) 2 persons; or (b) if the majority of the committee is greater than 2 persons - that number of persons. 8 Modification of Act for intelligence or security agency (Act s 46) In its application to a company conducted for the purposes of an intelligence or security agency, the Act has effect as if Part 4 (Reporting and other obligations for Commonwealth companies) were omitted. 9 Compliance with government procurement requirements (Act s 47A) (1) For subsection 47A (1) of the Act, the Commonwealth authorities mentioned in Part 1 of Schedule 1, and the wholly- owned Commonwealth companies mentioned in Part 2 of Schedule 1, are specified for section 47A of the Act. (2) If the name of an authority mentioned in Part 1 of Schedule 1 is amended by a regulation, the authority, under the new name, is taken to be prescribed. (3) If the name of a company mentioned in Part 2 of Schedule 1 is changed, the company, under the new name, is taken to be prescribed. Schedule 1 Compliance with government procurement requirements - authorities and companies (regulation 9) Part 1 Commonwealth authorities |Item |Commonwealth authority |Enabling legislation | |102 |Australian Institute of|Australian Institute of | | |Health and Welfare |Health and Welfare Act | | | |1987 | |103 |Australian Institute of|Australian Institute of | | |Marine Science |Marine Science Act 1972 | |105 |Australian Maritime |Australian Maritime Safety| | |Safety Authority |Authority Act 1990 | |106 |Australian National |Australian National | | |Maritime Museum |Maritime Museum Act 1990 | |107 |Australian Nuclear |Australian Nuclear Science| | |Science and Technology |and Technology | | |Organisation |Organisation Act 1987 | |108 |Australian War Memorial|Australian War Memorial | | | |Act 1980 | |109 |Comcare |Safety, Rehabilitation and| | | |Compensation Act 1988 | |110 |Commonwealth Scientific|Science and Industry | | |and Industrial Research|Research Act 1949 | | |Organisation | | |111 |Director of National |Environment Protection and| | |Parks |Biodiversity Conservation | | | |Act 1999 | |112 |Export Finance and |Export Finance and | | |Insurance Corporation |Insurance Corporation Act | | | |1991 | |113 |Grains Research and |Primary Industries and | | |Development Corporation|Energy Research and | | | |Development Act 1989 and | | | |Grains Research and | | | |Development Corporation | | | |Regulations 1990 | |114 |National Gallery of |National Gallery Act 1975 | | |Australia | | |115 |National Museum of |National Museum of | | |Australia |Australia Act 1980 | |116 |Reserve Bank of |Reserve Bank Act 1959 | | |Australia | | |117 |Sydney Harbour |Sydney Harbour Federation | | |Federation Trust |Trust Act 2001 | |118 |Tourism Australia |Tourism Australia Act 2004| Part 2 Wholly-owned Commonwealth companies |Item |Wholly-owned |Australian Company Number| | |Commonwealth company | | |201 |Aged Care Standards and|079 618 652 | | |Accreditation Agency | | | |Ltd | | Notes to the Commonwealth Authorities and Companies Regulations 1997 Note 1 The Commonwealth Authorities and Companies Regulations 1997 (in force under the Commonwealth Authorities and Companies Act 1997) as shown in this compilation comprise Statutory Rules 1997 No. 391 amended as indicated in the Tables below. Table of Instruments |Year and |Date of |Date of |Application| |number |notification |commencement |, saving or| | | | | | | |in Gazette or| |transitiona| | |FRLI | |l | | |registration | |provisions | |1997 No. 391|24 Dec 1997 |1 Jan 1998 | | |1999 No. 46 |24 Mar 1999 |1 Jan 1998 |- | |1999 No. 75 |19 May 1999 |19 May 1999 |- | |1999 No. 105|17 June 1999 |1 July 1999 |- | |1999 No. 170|1 Sept 1999 |1 Sept 1999 |- | |1999 No. 225|29 Sept 1999 |29 Sept 1999 |- | |2000 No. 83 |1 June 2000 |29 Nov 1999 |- | |2001 No. 180|5 July 2001 |5 July 2001 |- | |2002 No. 178|1 Aug 2002 |1 Aug 2002 |- | |2002 No. 226|26 Sept 2002 |26 Sept 2002 |- | |2004 No. 116|11 June 2004 |11 June 2004 |- | |2004 No. 285|1 Sept 2004 |1 Sept 2004 |- | |2005 No. 73 |29 Apr 2005 |30 Apr 2005 |- | | |(see | | | | |F2005L00961) | | | |2005 No. 177|10 Aug 2005 |11 Aug 2005 |- | | |(see | | | | |F2005L02252) | | | |2005 No. 207|19 Sept 2005 |1 Oct 2005 |- | | |(see | | | | |F2005L02673) | | | |2005 No. 338|16 Dec 2005 |17 Dec 2005 |- | | |(see | | | | |F2005L04127) | | | |2006 No. 150|28 June 2006 |1 July 2006 (see |- | | |(see |r. 2) | | | |F2006L02014) | | | |2006 No. 298|20 Nov 2006 |Rr. 1-3 and |- | | |(see |Schedule 1: 21 | | | |F2006L03738) |Nov 2006 | | | | |R. 4 and Schedule| | | | |2: 24 Nov 2006 | | | | |(see r. 2 (b)) | | | | |Remainder: 22 Nov| | | | |2006 (see r. 2 | | | | |(c)) | | |2007 No. 157|25 June 2007 |1 July 2007 (see |- | | |(see |r. 2) | | | |F2007L01770) | | | |2007 No. 353|19 Oct 2007 |20 Oct 2007 |- | | |(see | | | | |F2007L04076) | | | |2008 No. 69 |2 May 2008 |Rr. 1-3 and |- | | |(see |Schedule 1: | | | |F2008L01258) |3 May 2008 | | | | |R. 4 and Schedule| | | | |2: | | | | |1 Jan 2009 | | |2008 No. 149|21 July 2008 |22 July 2008 |- | | |(see | | | | |F2008L02604) | | | |2009 No. 5 |6 Feb 2009 |7 Feb 2009 |- | | |(see | | | | |F2009L00250) | | | |2009 No. 100|5 June 2009 |Rr. 1-3 and |- | | |(see |Schedule 1: | | | |F2009L02154) |6 June 2009 | | | | |Schedule 2: 1 | | | | |July 2009 (see r.| | | | |2 (b)) | | |2009 No. 192|3 Aug 2009 |4 Aug 2009 |- | | |(see | | | | |F2009L02981) | | | |2009 No. 224|9 Sept 2009 |10 Sept 2009 |- | | |(see | | | | |F2009L03465) | | | |2009 No. 349|15 Dec 2009 |31 Dec 2009 |- | | |(see | | | | |F2009L04562) | | | |2010 No. 293|26 Nov 2010 |27 Nov 2010 |- | | |(see | | | | |F2010L03096) | | | |2011 No. 14 |28 Feb 2011 |Rr. 1-4, |- | | |(see |Schedules 1 and | | | |F2011L00313) |2: 1 Mar 2011 | | | | |Rr. 5, 6, | | | | |Schedules 3 and | | | | |4: 1 Mar 2011 | | | | |(see r. 2 (b) and| | | | |F2011L00245) | | | | |Rr. 7, 8, | | | | |Schedules 5 and | | | | |6: 1 July 2011 | | |2011 No. 162|1 Sept 2011 |1 Sept 2011 |- | | |(see | | | | |F2011L01794) | | | Table of Amendments |ad. = added or inserted am. = amended rep. = | |repealed rs. = repealed and substituted | |Provision affected|How affected | |R. 1 |rs. 1999 No. 46 | |R. 3 |am. 2009 No. 100 | |R. 4 |rs. 1999 No. 75 | | |am. 1999 Nos. 170 and 225; 2000 No. | | |83 | | |rs. 2002 No. 178 | | |am. 2002 No. 226 | | |rs. 2004 Nos. 116 and 285 | | |am. 2005 Nos. 73 and 338; 2006 No. | | |298; 2009 Nos. 100, 192 and 224 | |R. 4A |ad. 1999 No. 75 | | |rs. 1999 No. 225 | | |am. 2002 Nos. 178 and 224 | | |rs. 2004 Nos. 116 and 285 | | |am. 2005 Nos. 73 and 338; 2006 No. | | |298; 2007 No. 353; 2008 No. 69; 2009 | | |Nos. 5, 100 and 224; 2010 No. 293 | |Heading to r. 5 |am. 2010 No. 293 | |R. 5 |am. 1999 Nos. 75, 105 and 170 | | |rs. 2001 No. 180; 2002 No. 178; 2004 | | |No. 116; 2011 No. 14 | |Heading to r. 6 |rs. 2009 No. 5 | | |am. 2010 No. 293 | |R. 6 |rs. 2007 No. 157 | |Note to r. 6 |rep. 2002 No. 226 | |R. 6AAA |ad. 2011 No. 162 | |Heading to r. 6AA |am. 2010 No. 293 | |R. 6AA |ad. 2009 No. 100 | |Heading to r. 6AB |am. 2010 No. 293 | |R. 6AB |ad. 2009 No. 100 | |Heading to r. 6AC |am. 2010 No. 293 | |R. 6AC |ad. 2009 No. 100 | |Heading to r. 6AD |am. 2010 No. 293 | |R. 6AD |ad. 2009 No. 100 | |Heading to r. 6AE |am. 2010 No. 293 | |R. 6AE |ad. 2009 No. 100 | |R. 6A |ad. 2008 No. 69 | | |am. 2009 No. 5 | |R. 6B |ad. 2008 No. 69 | |Heading to r. 7 |am. 2010 No. 293 | |R. 7 |am. 2002 No. 178; 2004 No. 116 | | |rep. 2011 No. 14 | |Heading to r. 8 |am. 2010 No. 293 | |R. 8 |ad. 1999 No. 46 | | |am. 2011 No. 14 | |Heading to r. 9 |am. 2010 No. 293 | |R. 9 |ad. 2004 No. 285 | |Schedule 1 | | |Schedule 1 |ad. 2004 No. 285 | | |am. 2005 Nos. 177 and 207; 2006 No. | | |150; 2007 Nos. 157 and 353; 2008 Nos.| | |69 and 149; 2009 Nos. 224 and 349; | | |2011 No. 14 |