Crown Entities Act 2004

Crown entity reporting and financial obligations - Miscellaneous

173: Regulations under this Part

You could also call this:

"Rules the Governor-General makes for Crown entities to follow"

Illustration for Crown Entities Act 2004

The Governor-General can make rules for Crown entities. You need to know what these rules are about. They are about things like what information Crown entities must include in their reports.

The Governor-General can make rules about Crown entities having bank accounts. They can also make rules about what financial products Crown entities can buy. You can find more information about financial products in sections 161 to 164.

The Governor-General can make rules about borrowing money and giving guarantees. They can also make rules about how Crown entities must value their assets when calculating a capital charge, as mentioned in section 166. The rules can be about how often a Crown entity must pay a capital charge.

The Governor-General can change the rules in Schedule 1 or Schedule 2 to add or remove exemptions. These exemptions are about acquiring financial products, borrowing money, or giving guarantees. You can learn more about these exemptions in sections 161 to 164.

The Governor-General can make rules about paying a penalty if a Crown entity breaks the rules. The penalty can be up to $2,000. You can find more information about the rules in Part 3 of the Legislation Act 2019.

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Part 4Crown entity reporting and financial obligations
Miscellaneous

173Regulations under this Part

  1. The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  2. requiring Crown entities to include information in a statement of intent or annual report that is additional to the information required by this Act:
    1. providing for the establishment, maintenance, and operation of bank accounts by Crown entities:
      1. prescribing the nature and extent of the acquisition of financial products that may be undertaken by Crown entities, the financial products that Crown entities may acquire, the persons with whom a Crown entity may enter into agreements that constitute financial products, and any other matters relating to the acquisition of financial products or entering into those agreements:
        1. prescribing the nature and extent of borrowing that may be undertaken by Crown entities, the persons from whom a Crown entity may borrow, and any other matters relating to borrowing by Crown entities:
          1. authorising the giving of any guarantees or indemnities:
              1. specifying credit-rating tests for the purpose of this Part:
                1. prescribing capital charge rules for the purposes of section 166, including (without limitation) the amount of a capital charge or the method of calculating the amount of a capital charge, the procedures for notifying a statutory entity of the capital charge payable, the frequency of its payment, how the assets of a statutory entity must be valued in calculating the capital charge, and the cost-of-capital rate or formula for determining the cost-of-capital rate for a statutory entity:
                  1. amending Schedule 1 or Schedule 2 to remove or add any exemptions from the acquisition of financial products, borrowing, guarantees, or derivatives rules in sections 161 to 164:
                    1. amending Schedule 1 or Schedule 2 to add any exemption from the requirement to pay a net surplus to the Crown in section 165:
                      1. prescribing offences in respect of the contravention of any regulations made under this Act, and prescribing penalties not exceeding $2,000 in respect of those offences:
                        1. providing for any other matters contemplated by this Act or necessary for its administration or necessary for giving it full effect.
                          1. The regulations in subsection (1) may be made in respect of all or any Crown entities or categories or types of Crown entities.

                          2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Notes
                          • Section 173(1)(c): replaced, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                          • Section 173(1)(f): repealed, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                          • Section 173(1)(i): amended, on , by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).
                          • Section 173(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).