Footnotes
[1] Mr Mark Vaile, second reading speech, House Hansard, 30 March 2006, p. 1.
[2] Australian Government, Department of Finance and
Administration, Governance Arrangements
for Australian Government Bodies, August 2005, p. 4.
[3] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 16.
[4] See Review
of the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 16.
[5] Shaun Gath, 'Good Governance and Whole of
Government: The Challenge of Connecting Government', Public Administration Today, July–October 2005, p. 18. See also
Christos Mantziaris, Ministerial
Directions to Statutory Corporations, Parliament of Australia,
Parliamentary Library, Research Paper 7 1998–99, 8 November 1998, p. 3. He
wrote that statutory corporations possess governance structures which are
idiosyncratic.
[6] In general this concern accompanied similar
concerns sparked by a number of high profile corporate failures in the private
sector. See introduction to Parliamentary Joint Committee on Corporations and Financial Services, CLERP (Audit Reform and Corporate
Disclosure) Bill 2003, Part 1, Enforcement, executive remuneration, continuous
disclosure, shareholder participation and related matters, June 2004, pp.
1–3.
[7] Prime Minister, 'Securing Australia's Prosperity',
15 October 2001.
[8] The Hon John Howard, Prime Minster of Australia,
Media release, 'Review of corporate governance of statutory authorities and
office holders', 14 November 2002.
[9] Press release, the Prime Minister, the Hon. John
Howard, 14 November 2002 and Securing
Australia's Prosperity, 2001 and Media Release, Senator the Hon Nick
Minchin, Minister for Finance and Administration, 'Australia Government
Response to Uhrig Report', 12 August 2004.
[10] The Hon John Howard, Prime Minster of Australia,
Media release, 'Review of corporate governance of statutory authorities and
office holders', 14 November 2002.
[11] The Hon John Howard, Prime Minster of Australia,
Media release, 'Review of corporate governance of statutory authorities and
office holders', 14 November 2002.
[12] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 35.
[13] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 54.
[14] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 54.
[15] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, Executive Summary, p. 5.
[16] Review of the corporate governance of
statutory authorities and office holders, Commonwealth of Australia, 2003,
p. 35.
[17] Review of the corporate governance of statutory
authorities and office holders, Commonwealth of Australia, 2003, p. 67.
[18] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 35.
[19] John Fahey, Second Reading Speech, Financial
Management and Accountability Bill 1996, 12 December 1996, p. 8344.
[20] John Fahey, Second Reading Speech, Financial
Management and Accountability Bill 1996, 12 December 1996, p. 8344.
[21] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 45.
[22] Review of
the corporate governance of statutory authorities and office holders,
Commonwealth of Australia, 2003, p. 70.
[23] Review of the corporate governance of statutory
authorities and office holders, Commonwealth of Australia, 2003, p. 71.
[24] Department of Finance and Administration, Executive
Summary, Governance Arrangements for
Australian Government Bodies, August 2005.
[25] See for example, Public Sector Informant, 'Recommendations not worth the wait', 7
September 2004; John Halligan and Bryan Horrigan, Reforming Corporate Governance in the Australian Federal Public Sector,
Corporate Governance ARC Project,
Issues Paper Series no. 2, December 2005, p. 10. See also Professor Roger
Wettenhall, Submission P1.
[26] Roger Wettenhall, 'Statutory Authorities, the
Uhrig Report, and the Trouble with Internal Inquiries', Public Administration Today, December–February 2004/05, p. 66.
[27] Roger Wettenhall, 'Parliamentary Oversight of
Statutory Authorities: a Post-Uhrig Perspective', Australasian Parliamentary Review, vol. 20, no. 2, Spring 2005, p.
45.
[28] John Halligan and Bryan Horrigan, Reforming Corporate Governance in the
Australian Federal Public Sector: From Uhrig to Implementation, University
of Canberra, Corporate Governance ARC Project, Issues Paper Series, no. 2,
December 2005, p. 28.
[29] Paddy Gourley, former public servant, 'All quiet,
sort of, on the Uhrig front, Public
Sector Informat, December 2005.
[30] Roger Wettenhall, 'Statutory Authorities, the
Uhrig Report, and the Trouble with Internal Inquiries', Public Administration Today, December–February 2004/05, p. 67.
[31] John Halligan and Bryan Horrigan, Reforming Corporate Governance in the
Australian Federal Public Sector: From Uhrig to Implementation, University
of Canberra, Corporate Governance ARC Project, Issues Paper Series, no. 2,
December 2005, p. 14.
[32] Media Release, Senator the Hon Nick Minchin,
Minister for Finance and Administration, 'Australia Government Response to
Uhrig Report', 12 August 2004.
[33] Media Release, Senator the Hon Nick Minchin,
Minister for Finance and Administration, 'Australia Government Response to
Uhrig Report', 12 August 2004.
[34] Submission
P3, p. 1.
[35] Governance Implementation Update (Uhrig Report)
How is the Assessment Process Progressing?, 2006/01–February 2006.
[36] Mr Mark Vaile, Minister for Trade, Second Reading
Speech, the Australian Trade Commission Legislation Amendment Bill 2006, House
of Representatives Hansard, 30 March
2006.
[37] Section 12 of the Australian Trade Commission Act 1985 (the act).
[38] Section 52 of the Act.
[39] Proposed subsections 7(2), (3) and (4), item 7 of
the bill.
[40] Proposed subsections 7(2), (3) and (4), item 7 of
the bill.
[41] Explanatory Memorandum, Item 7, p. 7.
[42] Item 25 of the bill which repeals Part III and IV
of the current act.
[43] See Item 7B of the bill and Explanatory
Memorandum, item 9.
[44] Proposed subsection 60(2), Division 2—Staff of
the Commission.
[45] Second reading speech, House Hansard, 11 October 1985, p. 1924.
[46] Submission
P1, p. 2.
[47] Submission
P3, p. 4.
[48] Submission
P3, p. 1.
[49] Proposed sections 51 and 52, item 26 of the bill.
[50] Proposed section 54, item 51.
[51] The Office of Parliamentary Counsel in its manual
on plain English specifies that the current usage is to avoid the use of
'shall' and to use 'must' instead. The reason for the change is that 'shall' is
ambiguous and can refer to the future. 'Must' is direct and declaratory of the
imperative. Office of Parliamentary Counsel, Plain English Manual, paragraph
83.
[52] Section 8, Australian
Trade Commission Act 1985.
[53] Explanatory Memorandum, Item 8.
[54] Section 9(2) of the Act.
[55] Item 11, proposed subsection 9(1). See explanation
given in footnote 16.
[56] Item 16, proposed section 9A and 9B.
[57] Section 23 of the Act.
[58] Item 25, pp. 9–10.
[59] Explanatory Memorandum, item 25.
[60] Section 10(2 and (3) of the Act.
[61] Explanatory Memorandum, item 22, p. 9.
[62] Explanatory Memorandum, item 21, p. 9.
[63] Explanatory Memorandum, item 20, p. 9.
[64] Proposed section 60 and 61, item 26 of the bill.
[65] Lynelle Briggs, 'Public Service Reform", SES
Breakfast, 12 May 2005.
[66] Lynelle Briggs, 'public Service Reform", SES
Breakfast, 12 May 2005. Professor Wettenhall could see no problem with this
proposal. Submission P1, p. 2.
[67] Proposed section 60 and 61, item 26 of the bill.
[68] Item 26, Explanatory Memorandum, p. 10.
[69] Explanatory Memorandum, item 37, p. 12.
[70] Schedule 1—Prescribed agencies, Financial
Management and Accountability Regulations 1997.
[71] See paragraphs 2.19 and 2.31.
[72] Proposed section 90.
[73] Proposed section 92(3), item 37 of the bill.
[74] Explanatory
Memorandum, item 37, p. 13.
[75] Submission
p3, p. 2.
[76] Australian
Financial Review, 6 January 2006, p. 5.
[77] Australian
Financial Review, 6 January 2006, p. 5.