Australian Financial Security Authority (Standing Acting Arrangements) Appointment 2025

Administered by Department of the Treasury

Legislation au F2025N00669 In force Notifiable Instrument

Legislation content

 

Australian Financial Security Authority (Standing Acting Arrangements) Appointment 2025

I, Andrew Leigh, Assistant Minister for Productivity, Competition, Charities and Treasury, make the following appointments.

Dated   11 August 2025

 

Dr Andrew Leigh

Assistant Minister for Productivity, Competition, Charities and Treasury
Parliamentary Secretary to the Treasurer

 

 

 

 

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Schedules

5  Definition

Part 2—Standing acting arrangements

6  Standing acting arrangements for Chief Executive of the Australian Financial Security Authority

7  Standing acting arrangements for the Inspector-General in Bankruptcy

8  Standing acting arrangements for Registrar of Personal Property Securities

Schedule 1—Repeals

Australian Financial Security Authority Head Acting Appointment 2025

Inspector-General in Bankruptcy Acting Appointment 2025

Registrar of Personal Property Securities Acting Appointment 2025

 

Part 1—Preliminary

 

1  Name

  This instrument is the Australian Financial Security Authority (Standing Acting Arrangements) Appointment 2025.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the following:

 (a) the Bankruptcy Act 1966; and

 (b) the Personal Property Securities Act 2009; and

 (c) the Public Service Act 1999.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5  Definition

  In this instrument:

Chief Executive means the Chief Executive of the Australian Financial Security Authority.

Note: The Chief Executive of the Australian Financial Security Authority is the Head of the Australian Financial Security Authority.

Inspector-General means the Inspector‑General in Bankruptcy.

Registrar means the Registrar of Personal Property Securities.

senior available appointee: see subsections 6(2), 7(2), and 8(2).

Part 2—Standing acting arrangements

6  Standing acting arrangements for Chief Executive of the Australian Financial Security Authority

 (1) Under section 69 of the Public Service Act 1999, during all periods when there is a vacancy in the office of the Chief Executive, or the Chief Executive is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office, the person determined in accordance with subsections (2), (3) and (4) is appointed to act as Chief Executive.

Note: The Australian Financial Security Authority was established on 1 July 2000, by order of the Governor‑General made on 7 June 2000, and published in the Gazette No. GN23 on 14 June 2000.

 (2) For the purposes of this section, the senior available appointee at a particular time is a person who, at that time, satisfies all of the following:

 (a) is engaged under the Public Service Act 1999 by the Chief Executive for the purposes of the Australian Financial Security Authority;

 (b) is not absent from duty or from Australia;

 (c) has not, during a vacancy in the office of Chief Executive or absence of the Chief Executive, continued to act as Chief Executive for a period of more than 12 months;

 (d) has advised that they are available to act as Chief Executive;

 (e) is highest in the following list:

 (i) Jennifer Dobell;

 (ii) Emma Greenwood;

 (iii) Neville Matthew;

 (iv) Joshua Smith.

 (3) The senior available appointee at the start of a period when the office of Chief Executive is vacant or the Chief Executive is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office, is to act as Chief Executive during that period.

 (4) However, if a person who is acting as Chief Executive during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the senior available appointee, the senior available appointee at that time is to act as Chief Executive during the remainder of that period.

 (5) Under subsection 33A(1) of the Acts Interpretation Act 1901, each appointment under subsection (1) is determined to be on the same terms and conditions that apply to the Chief Executive under section 68 of the Public Service Act 1999.

7  Standing acting arrangements for the Inspector-General in Bankruptcy

 (1) Under subsection 17(1) of the Bankruptcy Act 1966, during all periods when there is a vacancy in the office of the Inspector-General, or the Inspector‑General is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office, the person determined in accordance with subsections (2), (3) and (4) is appointed to act as Inspector‑General.

 (2) For the purposes of this section, the senior available appointee at a particular time is a person who, at that time, is the senior available appointee under subsection 6(2).

 (3) The senior available appointee at the start of a period when the office of Inspector-General is vacant or the Inspector-General is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office, is to act as Inspector-General during that period.

 (4) However, if a person who is acting as Inspector-General during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the senior available appointee, the senior available appointee at that time is to act as Inspector-General during the remainder of that period.

8  Standing acting arrangements for Registrar of Personal Property Securities

 (1) Under section 196 of the Personal Property Securities Act 2009, during all periods when there is a vacancy in the office of the Registrar, or the Registrar is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office, the person determined in accordance with subsections (2), (3) and (4) is appointed to act as Registrar.

 (2) For the purposes of this section, the senior available appointee at a particular time is a person who, at that time, satisfies all of the following:

 (a) is engaged under the Public Service Act 1999 by the Chief Executive for the purposes of the Australian Financial Security Authority;

 (b) is not absent from duty or from Australia;

 (c) has not, during a vacancy in the office of Registrar or absence of the Registrar, continued to act as Registrar for a period of more than 12 months;

 (d) has advised that they are available to act as Registrar;

 (e) is highest in the following list:

 (i) Emma Greenwood;

 (ii) Jennifer Dobell;

 (iii) Neville Matthew.

 (3) The senior available appointee at the start of a period when the office of Registrar is vacant or the Registrar is absent from duty or from Australia, or is, for any reason, unable to perform the functions of his or her office, is to act as Registrar during that period.

 (4) However, if a person who is acting as Registrar during a period (under subsection (3) or a previous application of this subsection) ceases at a particular time to be the senior available appointee, the senior available appointee at that time is to act as Registrar during the remainder of that period.

Schedule 1—Repeals

Australian Financial Security Authority Head Acting Appointment 2025

1  The whole of the instrument

Repeal the instrument.

Note: The Australian Financial Security Authority Head Acting Appointment 2025 was not registered on the Federal Register of Legislation.

Inspector-General in Bankruptcy Acting Appointment 2025

2  The whole of the instrument

Repeal the instrument.

Note: The Inspector-General in Bankruptcy Acting Appointment 2025 was not registered on the Federal Register of Legislation.

Registrar of Personal Property Securities Acting Appointment 2025

3  The whole of the instrument

Repeal the instrument.

Note: The Registrar of Personal Property Securities Acting Appointment 2025 was not registered on the Federal Register of Legislation.

Overview

The Australian Financial Security Authority (Standing Acting Arrangements) Appointment 2025, enacted in 2025, establishes temporary acting arrangements for the positions of Chief Executive of the Australian Financial Security Authority, Inspector-General in Bankruptcy, and Registrar of Personal Property Securities during periods of vacancy or absence. This notifiable instrument was made by Dr. Andrew Leigh, the Assistant Minister for Productivity, Competition, Charities and Treasury, under the authority of the Bankruptcy Act 1966, the Personal Property Securities Act 2009, and the Public Service Act 1999. The primary objective of this instrument is to ensure continuity of leadership and operations within these key positions of the Australian Financial Security Authority by clearly defining the acting arrangements in case of a vacancy or incapacity of the appointed officers.

Scope and Application

The Australian Financial Security Authority (Standing Acting Arrangements) Appointment 2025 establishes provisions for the appointment of acting officials for the Chief Executive of the Australian Financial Security Authority, the Inspector-General in Bankruptcy, and the Registrar of Personal Property Securities under the Public Service Act 1999, the Bankruptcy Act 1966, and the Personal Property Securities Act 2009, respectively, during periods of vacancy, absence, or incapacity of the primary officeholders. The Act applies to the aforementioned positions within the Australian Financial Security Authority, a federal entity, and is governed by Commonwealth law. The instrument also includes specific definitions and repeals previous related appointments that were not registered on the Federal Register of Legislation. The standing acting arrangements are triggered when there is a vacancy in the office, or the officeholder is absent or unable to perform their duties, and the appointment of an acting official follows a predetermined order of seniority among specified individuals, ensuring continuity of leadership within these critical roles.

Key Provisions

The Australian Financial Security Authority (Standing Acting Arrangements) Appointment 2025 establishes temporary acting arrangements for the Chief Executive of the Australian Financial Security Authority, the Inspector-General in Bankruptcy, and the Registrar of Personal Property Securities. These provisions ensure that there is no gap in leadership during periods when these offices are vacant or the incumbents are otherwise unable to perform their duties (sections 6, 7, and 8). The instrument specifies that during such periods, a senior available appointee, who is pre-determined based on certain criteria, will act in the role of the Chief Executive, Inspector-General, or Registrar as needed (subsections 6(2), 7(2), and 8(2)). The instrument also includes a schedule that repeals previous acting appointment instruments for these positions (Schedule 1). The obligations imposed by this instrument require the Chief Executive, Inspector-General, and Registrar to ensure that there is always an acting appointee available to step in during vacancies or absences. The instrument also mandates that the acting appointees must meet specific criteria, such as being engaged under the Public Service Act 1999, not being absent from duty or from Australia, and not having acted in the role for more than 12 months during a vacancy (subsections 6(2), 7(2), and 8(2)). Furthermore, the instrument outlines a seniority list to determine the acting appointee in case of vacancies or absences (subsections 6(4), 7(4), and 8(4)). The instrument does not explicitly state any offences, penalties, or consequences for breach. However, any failure to comply with the standing acting arrangements could potentially lead to legal consequences under the relevant acts governing the roles of the Chief Executive, Inspector-General, and Registrar. For instance, any person acting outside the terms of their appointment or failing to perform their duties could face disciplinary action under the Public Service Act 1999 or other relevant legislation.

Legal classification tags

Area of Law
Administrative Law
Instrument
Appointment
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.