Public Governance, Performance and Accountability Act 2013

CHAPTER 4 - RULES, DELEGATIONS AND INDEPENDENT REVIEW  

PART 4-2 - DELEGATIONS  

Division 2 - Delegations  

SECTION 107   FINANCE MINISTER  
When Finance Minister may delegate

107(1)    
The Finance Minister may, by written instrument, delegate to the Finance Secretary, or an accountable authority or an official of a non-corporate Commonwealth entity, any of the Finance Minister ' s powers, functions or duties under this Act or the rules.

107(2)    

However, the Finance Minister may not delegate (except as provided in subsection (3) ) any of the Finance Minister ' s powers, functions or duties under:

(a)    

paragraph 57(1)(b) (which is about authorising borrowing by corporate Commonwealth entities); or

(b)    

subsection 71(1) or (2) (which is about approving expenditure); or

(c)    subsection 72(1) (which is about notifying Parliament about certain events); or

(d)    section 75 (which is about transfers of functions between non-corporate Commonwealth entities); or

(e)    section 78 (which is about special accounts); or

(f)    section 85 (which is about the Commonwealth forming companies etc.); or

(g)    section 87 (which is about establishing new corporate Commonwealth entities); or

(h)    section 101 (which is about the rules); or

(i)    Part 4-1A (which is about some other instruments made under this Act).

107(3)    
The Finance Minister may, by written instrument, delegate to the Finance Secretary any of the Finance Minister ' s powers, functions or duties under:

(a)    section 75 (which is about transfers of functions between non-corporate Commonwealth entities); or

(b)    section 85 (which is about the Commonwealth forming companies etc.); or

(c)    section 87 (which is about establishing new corporate Commonwealth entities).

Directions by the Finance Minister about delegation

107(4)    
In exercising powers, performing functions or discharging duties under a delegation, the delegate must comply with any written direction given by the Finance Minister to the delegate.