Document ID: chunk:federal_register_of_legislation:F2018C00409:clause:1_15:p1
Version: federal_register_of_legislation:F2018C00409
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 1/2)
Character Range: 38807–41847

15  Dictionary
  In these Directions, the following terms have the stated meanings:
accountable authority has the meaning given by subsection 12(2) of the Public Governance, Performance and Accountability Act 2013.
AGS means the group of persons comprising:
 (a) the AGS (within the meaning of section 2 of the Judiciary Act 1903); and
 (b) AGS lawyers (within the meaning of section 55I of that Act).
Commonwealth agency means a Commonwealth entity or a Commonwealth company.
Commonwealth company has the meaning given by subsection 89(1) of the Public Governance, Performance and Accountability Act 2013.
Commonwealth entity means a non‑corporate Commonwealth entity or a corporate Commonwealth entity.
corporate Commonwealth entity means a corporate Commonwealth entity within the meaning of paragraph 11(a) of the Public Governance, Performance and Accountability Act 2013, but does not include an entity that was an FMA agency.
finance law has the meaning given by section 8 of the Public Governance, Performance and Accountability Act 2013.
FMA agency means a Commonwealth entity that was an Agency (within the meaning of the Financial Management and Accountability Act 1997) on 30 June 2014.
government business enterprise has the meaning given by section 8 of the Public Governance, Performance and Accountability Act 2013.
litigation, unless otherwise indicated, includes proceedings before courts, tribunals, inquiries and in arbitration and other alternative dispute resolution processes, and the preparation for such proceedings.
non‑corporate Commonwealth entity means a non‑corporate Commonwealth entity within the meaning of paragraph 11(b) of the Public Governance, Performance and Accountability Act 2013 and includes an entity that was an FMA agency.
OLSC means the Office of Legal Services Coordination in the Attorney‑General's Department, or any person within the Department on whom the Secretary confers the function of administering these Directions.

General notes
Lawful expenditure
1 In addition to the requirements in these Directions, non‑corporate Commonwealth entities must comply with the finance law when making arrangements for the provision of legal services. For example, under section 15 of the Public Governance, Performance and Accountability Act 2013, the accountable authority of a non‑corporate Commonwealth entity has a duty to promote the proper use of public resources (i.e. the efficient, effective, economical and ethical use of public resources) by the entity. Also, under section 21 of that Act, the accountable authority must govern the entity in a way that is not inconsistent with the policy of the Australian Government. These duties will apply in relation to arrangements for the provision of legal services to the entity.
Who can institute proceedings in the name of the Commonwealth

2 If a non‑corporate Commonwealth entity wishes to institute proceedings in the name of the Commonwealth, the proceedings will need to be instituted by a person appointed by the Attorney‑General under