Housing Australia Future Fund (Treasury) Delegations 2024

Housing Australia Future Fund (Treasury) Delegations 2024

made under the Housing Australia Future Fund Act 2023

Compilation No. 1

Compilation date: 5 August 2025

Includes amendments: Housing Australia Future Fund (Treasury) Amendment (Measures No. 1) Delegations 2025

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Housing Australia Future Fund (Treasury) Delegations 2024 that shows the text of the law as amended and in force on 5 August 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary

1  Name 

3  Authority

4  Definitions

Part 2—Delegations

5  Delegation by the Treasurer

6  Delegations by the Housing Minister

7  Delegations by the Minister for Housing as a designated Minister

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Part 1—Preliminary

1  Name

  This instrument is the Housing Australia Future Fund (Treasury) Delegations 2024.

3  Authority

  This instrument is made under the Housing Australia Future Fund Act 2023.

4  Definitions

Note: Expressions have the same meaning in this instrument as in the Housing Australia Future Fund Act 2023 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

  In this instrument:

SES Band 2 employee means an SES employee who has been allocated an SES Band 2 classification.

the Act means the Housing Australia Future Fund Act 2023.

the Treasury means the Department of the Treasury.

Part 2—Delegations

5  Delegation by the Treasurer

Delegation

  Under subsection 62(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 all of the Treasurer’s functions and powers under section 30 of the Act:

 (a) the Secretary;

 (b) a Deputy Secretary;

 (c) an SES Band 2 employee.

Note: Section 30 of the Act relates to debits from the Federation Reform Fund.

6  Delegations by the Housing Minister

Delegation

 (1) Under subsection 64(1) the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Treasury, is delegated all of the Housing Minister’s functions and powers under sections 33 and 34 of the Act:

 (a) the Secretary;

 (b) a Deputy Secretary;

 (c) an SES Band 2 employee.

Note: Section 33 of the Act relates to requesting transfers from the Housing Australia Future Fund Special Account to the Housing Australia Special Account. Section 34 of the Act relates to debits from the Housing Australia Special Account.

Directions

 (2) Under subsection 64(2) of the Act, a delegate under subsection (1) is directed to exercise the function or power in a manner consistent with all of the following:

 (a) the delegate must have regard to the balance of the Housing Australia Special Account before making a request of the Finance Minister, or the Finance Minister’s delegate, to transfer a specified amount to the Housing Australia Special Account; and

 (b) the delegate must consult with the Housing Minister or the Housing Minister’s office about whether the Minister would prefer to be the decision-maker before the delegate makes a request of the Finance Minister, or the Finance Minister’s delegate, to transfer a specified amount to the Housing Australia Special Account.

7  Delegations by the Minister for Housing as a designated Minister

Delegation

 (1) Under subsection 63(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 all of the Housing Minister’s functions and powers under Division 2 of Part 3 of the Act (other than subsection 18(3)):

 (a) the Secretary;

 (b) a Deputy Secretary;

 (c) an SES employee.

Note 1: Division 2 of Part 3 of the Act is about making of grants of financial assistance in relation to acute housing needs, social housing, and affordable housing.

Note 2: Subsection 18(3) of the Act is about making grants of financial assistance to the States and Territories.

Note 3: All SES employees in Treasury have expertise appropriate to the delegated functions and powers.

 (2) Under subsection 63(1) of the Act, each person holding, occupying or performing the duties of each of the following offices or positions in the Department of Social Services, is delegated all of the Housing Minister’s functions and powers under Division 2 of Part 3 of the Act (other than subsection 18(3)):

 (a) the Secretary;

 (b) an SES employee with responsibility for making grants in relation to acute housing needs.

Note 1: The Department of Social Services is providing grants administration services to the Treasury through the Community Grants Hub.

Note 2: Officials in the Community Grants Hub have expertise appropriate to the delegated functions and powers.

Directions

 (3) Under subsection 63(2) of the Act, a delegate under subsections (1) and (2) of this section is directed to exercise the function or power in a manner consistent with all of the following:

 (a) a grant of financial assistance may only be provided to a person or body if the Housing Minister has decided the grant should be made and the Housing Minister has requested the Finance Minister transfer a specified amount, which includes an amount for the grant, to the Housing Australia Future Fund Payments Special Account under subsection 26(1) of the Act;

 (b) the specified amount has been credited to the Housing Australia Future Fund Payments Special Account under subsection 26(4) of the Act;

 (c) an amount for the grant has not subsequently been debited from the Housing Australia Future Fund Payments Special Account under subsection 26(8) of the Act;

 (d) the delegate also has delegated authority under the Public Governance, Performance and Accountability Act 2013 to make the grant, up to the amount of the grant; and

 (e) in relation to a delegate under subsection (2) of this section—the Partnership Agreement between the Department of Social Services representing the Community Grants Hub and the Treasury in relation to the provision of grants administration services.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history