Business Grants HubSmall Business Cyber Wardensad hoc grant to the Council of Small Business Organisations of Australia Limited (Treasury) Delegations 2023
I, Steven Kennedy, Secretary to the Department of the Treasury, make the following delegations.
Dated 31 October 2023
Dr Steven Kennedy
Secretary
Department of the Treasury
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Delegations
5 Delegation under the FFSP Act
6 Delegation under the PGPA Act and PGPA Rule
Part 3—Revocations
7 Revocation of previous delegations
Schedule 1—Delegations
Schedule 2—Directions
Part 1—Preliminary
1 Name
This instrument is the Business Grants HubSmall Business Cyber Wardensad hoc grant to the Council of Small Business Organisations of Australia Limited (Treasury) Delegations 2023.
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Note: This table relates only to the provisions of this instrument as originally made.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) subsection 32D(3) of the Financial Framework (Supplementary Powers) Act 1997; and
(b) subsection 110(1) of the Public Governance, Performance and Accountability Act 2013.
4 Definitions
(1) In this instrument, unless otherwise stated, expressions have the same meaning as in the FFSP Act, the PGPA Act and the PGPA Rule, as relevant.
(2) In this instrument:
DISR means the Department of Industry, Science and Resources.
FFSP Act means the Financial Framework (Supplementary Powers) Act 1997.
FFSP Regulations means the Financial Framework (Supplementary Powers) Regulations 1997.
Finance Minister’s Delegation means the Public Governance, Performance and Accountability (Finance Minister to Accountable Authorities of Non-Corporate Commonwealth Entities) Delegation 2022.
Grant Opportunity Guidelines means the Grant Opportunity Guidelines for Small Business Cyber Wardens – ad hoc grant to the Council of Small Business Organisations of Australia Limited.
PGPA Act means the Public Governance, Performance and Accountability Act 2013.
PGPA Rule means the Public Governance, Performance and Accountability Rule 2014.
Program means the Small Business Cyber Wardens – ad hoc grant to the Council of Small Business Organisations of Australia Limited program under item 71 or Part 3 of Schedule 1AB to the FFSP Regulations.
Part 2—Delegations
5 Delegation under the FFSP Act
(1) Under subsection 32D(3) of the FFSP Act, the powers set out in subsection (2) are delegated to the officials from time to time holding, occupying or performing the duties of positions in DISR specified in an item of the table (column 1) in Schedule 1, subject to:
(a) where the exercise of these powers involves the commitment or expenditure of money by the Commonwealth, up to the financial limits specified in the corresponding item of the table (column 2) in Schedule 1; and
(b) the directions specified in Schedule 2.
Note: Subsection 32D(4) of the FFSP Act authorises the imposition of written directions about the exercise of a delegated power by the delegate.
(2) For the purposes of subsection (1), the powers are:
(a) the power under section 32B of the FFSP Act to make, vary or administer an arrangement or grant on behalf of the Commonwealth; and
(b) the power under section 32C of the FFSP Act to enter into an agreement with a State or Territory, on behalf of the Commonwealth, which sets out the terms and conditions of financial assistance;
for the purposes of the Program.
6 Delegation under the PGPA Act and PGPA Rule
(1) Under subsection 110(1) of the PGPA Act, the powers and functions set out in subsection (2) is delegated to the officials from time to time holding, occupying or performing the duties of the positions specified in an item of the table (column 1) in Schedule 1, subject to:
(a) the relevant amount owing to the Commonwealth not exceeding the amount specified in the corresponding item of the table (column 2) in Schedule 1; and
(b) the directions specified in Schedule 2.
Note: Subsection 110(3) of the PGPA Act authorises the imposition of written directions about the exercise of a delegated power by the delegate.
(2) For the purpose of subsection (1), the powers and functions are:
(a) the power under paragraph 63(1)(b) of the PGPA Act to modify the terms and conditions on which an amount owing to the Commonwealth is to be paid to the Commonwealth, which has been delegated to the Secretary to the Department of the Treasury under the Finance Minister’s Delegation; and
(b) the functions under section 11 of the PGPA Rule in relation to the recovery of a debt owing to the Commonwealth that relates to the Program;
for the purposes of the Program.
Part 3—Revocations
7 Revocation of previous delegations
All previous delegations of the Secretary to the Treasury’s powers under sections 32B and 32C of the FFSP Act and section 110 of the PGPA Act, for the purposes of the Program, are revoked.
Schedule 1—Delegations
Note: see sections 5 and 6.
Item | Column 1 Delegates: DISR positions | Column 2 Financial Limits (in relation to a single grant agreement) |
1 | SES Band 1 – with responsibility for administering the Program | Limit of the appropriation available for the purpose of the Program, plus GST where applicable |
2 | Executive Level 2 – with responsibility for administering the Program | $22,995,000, plus GST where applicable |
3 | Executive Level 1 – with responsibility for administering the Program | $22,995,000, plus GST where applicable |
4 | APS Level 6 – with responsibility for administering the Program | $22,995,000, plus GST where applicable |
Schedule 2—Directions
Note: see sections 5 and 6.
(1) The following directions are made for the purposes of subsection 32D(4) of the FFSP Act (to the extent that they relate to the exercise of powers under that Act), and subsection 110(3) of the PGPA Act (to the extent that they relate to the exercise of powers under the PGPA Act and/or the PGPA Rule).
(2) Officials must make a written record of each exercise of a power delegated under this instrument and retain the records on a corporate file.
(3) Officials must not take an action or exercise a power where it would have the effect of committing funds exceeding the available funding for the Program.
(4) A grant amount can only be approved in accordance with the Grant Opportunity Guidelines.
(5) A grant agreement may only be executed where it has been approved in accordance with the Grant Opportunity Guidelines.
(6) An application for:
(a) an extension of time; or
(b) a change in project milestones;
likely to result in a need to vary the annual capped amounts for an arrangement must not be approved until agreed with the Department of the Treasury
(7) A request to:
(a) terminate an arrangement; or
(b) novate an arrangement;
must not be approved until agreed with the Department of the Treasury.
(8) Officials must only exercise the powers delegated by this instrument consistently with their duties.
(9) Officials must only exercise the power in paragraph 63(1)(b) of the PGPA Act in accordance with relevant directions in the Finance Minister’s Delegation, or any superseding delegation.