Federal Financial Relations (Treasury) Delegations 2022
I, Jim Chalmers, Treasurer, make the following delegations.
Dated 15 December 2022
Dr Jim Chalmers
Treasurer
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Schedules
5 Definitions
Part 2—Delegations under the Act
6 Delegations relating to the payment arrangements of grants to the states
Schedule 1—Repeals
Federal Financial Relations (Minister) Delegation 2018
Part 1—Preliminary
1 Name
This instrument is the Federal Financial Relations (Treasury) Delegations 2022.
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Note: This table relates only to the provisions of this instrument as originally made.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 Federal Financial Relations Act 2009.
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 Definitions
Note: Paragraph 13(1)(b) of the Legislation Act 2003 has the effect that expressions have the same meaning in this instrument as in the Federal Financial Relations Act 2009 as in force from time to time.
In this instrument:
the Act means the Federal Financial Relations Act 2009.
Treasury means the Department of the Treasury.
Part 2—Delegations under the Act
6 Delegations relating to the payment arrangements of grants to the states
(1) Under subsection 23(1) of the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, is delegated the Minister’s powers under sections 17 and 19 of the Act:
(a) the Secretary;
(b) an SES employee.
Note: Section 17 of the Act is about making advance payments to the states and section 19 is about affixing amounts, and times of payment, of financial assistance to the states.
Schedule 1—Repeals
Federal Financial Relations (Minister) Delegation 2018
1 The whole of the instrument
Repeal the instrument.
Overview
The Federal Financial Relations (Treasury) Delegations 2022I, enacted under the Federal Financial Relations Act 2009, was introduced to streamline delegations concerning the payment arrangements of grants to the states, thereby enhancing efficiency and responsiveness within the Treasury. This notifiable instrument, dated 15 December 2022, was made by Dr Jim Chalmers, Treasurer, and repeals the previous Federal Financial Relations (Minister) Delegation 2018 instrument. The primary objective of this instrument is to clarify and update the delegations of ministerial powers under the Act, specifically addressing sections 17 and 19 which relate to making advance payments and setting the amounts and times of payment of financial assistance to the states. The instrument came into effect on the day after its registration.
Scope and Application
The Federal Financial Relations (Treasury) Delegations 2022, made under the Federal Financial Relations Act 2009, outlines specific delegations concerning the payment arrangements of grants to the states. This instrument applies to the Secretary and Senior Executive Service (SES) employees within the Department of the Treasury. Their roles are entrusted with the Minister's powers under sections 17 and 19 of the Act, which pertain to making advance payments to the states and determining the amounts and times of payment for financial assistance. The delegations commence on the day after the instrument is registered and include the repeal of the Federal Financial Relations (Minister) Delegation 2018. This instrument does not specify any exclusions or thresholds and its application is confined to the Commonwealth level. The authority to extend or restrict the application of this Act can be exercised through subordinate instruments.
Key Provisions
The Federal Financial Relations (Treasury) Delegations 2022 (F2022N00319) outlines the delegations made by the Treasurer under the Federal Financial Relations Act 2009, specifically concerning the payment arrangements of grants to the states. Section 6 (1) of the instrument details that the Secretary and any Senior Executive Service (SES) employee within the Department of the Treasury are delegated the Minister’s powers under sections 17 and 19 of the Act. Section 17 of the Act pertains to the making of advance payments to the states, while section 19 deals with the affixing of amounts and times for the payment of financial assistance to the states. These delegations allow the designated officials to exercise certain powers that would otherwise rest with the Minister.
The obligations imposed by this instrument on the parties governed by it include the clear delegation of specific powers from the Minister to the Secretary and SES employees within the Treasury. These officials are now responsible for making decisions related to advance payments and the timing and amounts of financial assistance to the states, as outlined in sections 17 and 19 of the Federal Financial Relations Act 2009. The instrument ensures that these officials act within the bounds of their delegated authority, maintaining compliance with the legislative framework established by the Act.
There are no explicit offences or penalties mentioned within the Federal Financial Relations (Treasury) Delegations 2022. However, any breach of the obligations and requirements set out in the instrument could potentially lead to legal consequences under the broader provisions of the Federal Financial Relations Act 2009. These could include civil or criminal penalties, although the specific penalties are not detailed in this instrument but would be found within the overarching Act. The instrument itself primarily focuses on clarifying and delegating specific powers without explicitly outlining penalties for non-compliance.