National Anti-Corruption Commission (Treasury) Delegations 2023
I, Steven Kennedy, Secretary to the Department of the Treasury, make the following delegations.
Dated 23 June 2023
Dr Steven Kennedy
Secretary
Department of the Treasury
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Delegations from the Treasury Secretary
5 Delegationsgeneral
Part 1—Preliminary
1 Name
This instrument is the National Anti-Corruption Commission (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 later of: (a) 1 July 2023; and (b) 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Note: This table relates only to the provisions of this instrument as originally made.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 National Anti-Corruption Commission Act 2022.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the National Anti-Corruption Commission Act 2022 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.
In this instrument:
the Act means the National Anti-Corruption Commission Act 2022.
the Treasury means the Department of the Treasury.
Part 2—Delegations from the Treasury Secretary
5 Delegationsgeneral
Delegations
(1) Under subsection 277(1) of the Act, any person holding, occupying or performing the duties of any of the following offices or positions in the Treasury, is delegated all of the Secretary to the Treasury’s functions, powers or duties under the Act:
(a) the Deputy Secretary of Corporate and Foreign Investment Group;
(b) the Chief Operating Officer, Corporate Division;
(c) the First Assistant Secretary and Chief Counsel, Law Division;
(d) if an office or position covered by a preceding paragraph ceases to exist or is renamed—all of the offices or positions with similar functions or responsibilities.
Directions
(2) Under subsection 277(3) of the Act, a delegate under subsection (1) is directed to exercise the functions, powers or duties in a manner consistent with all of the following:
(a) if an issue is referred to the Commissioner under subsection 33(1) of the Actthe delegate is required to notify the Secretary to the Treasury of the referral as soon as is practicable.
Overview
The National Anti-Corruption Commission (Treasury) Delegations 2023I was enacted to address the need for delegation of functions, powers, and duties within the Department of the Treasury in relation to the National Anti-Corruption Commission Act 2022. This notifiable instrument was issued by Dr Steven Kennedy, the Secretary to the Department of the Treasury, and it came into effect on 1 July 2023 or the day after its registration, whichever is later. The instrument is made under the authority of the National Anti-Corruption Commission Act 2022 and aims to ensure that certain officers within the Treasury can exercise the Secretary's functions, powers, and duties in accordance with the Act. This delegation is intended to streamline operations within the Treasury and enhance the efficiency of the anti-corruption measures outlined in the Act.
Scope and Application
The National Anti-Corruption Commission (Treasury) Delegations 2023 instrument, made by Dr. Steven Kennedy, Secretary to the Department of the Treasury, delegates certain functions, powers, and duties of the Secretary under the National Anti-Corruption Commission Act 2022 to specified officers within the Treasury. This instrument applies to the individuals holding or performing duties in the offices of Deputy Secretary of the Corporate and Foreign Investment Group, Chief Operating Officer of the Corporate Division, and First Assistant Secretary and Chief Counsel of the Law Division, or any equivalent positions with similar functions or responsibilities. These delegations are intended to streamline the implementation and oversight of anti-corruption measures within the Treasury. The instrument commenced on the later of 1 July 2023 or the day after its registration. The delegations must be exercised in accordance with specific directions, including notifying the Secretary of any referrals to the Commissioner as per the Act. The instrument’s scope is confined to the delegation of specific functions within the Treasury, with no explicit geographic limitations, and it operates within the framework of the National Anti-Corruption Commission Act 2022.
Key Provisions
The National Anti-Corruption Commission (Treasury) Delegations 2023 outlines the delegations made by the Secretary to the Department of the Treasury, Dr Steven Kennedy, under the National Anti-Corruption Commission Act 2022 (section 1). The instrument comes into effect on the later of 1 July 2023 or the day after it is registered (section 2). It is made under the authority of the National Anti-Corruption Commission Act 2022 (section 3), and any expressions used have the same meaning as they do in that Act, as per the Legislation Act 2003 (section 4).
The Treasury Secretary has delegated all functions, powers, and duties under the Act to certain officials within the Treasury (section 5(1)). These officials include the Deputy Secretary of the Corporate and Foreign Investment Group, the Chief Operating Officer of the Corporate Division, and the First Assistant Secretary and Chief Counsel of the Law Division. If any of these positions cease to exist or are renamed, the delegation will apply to any position with similar functions or responsibilities (section 5(1)). These delegates are required to exercise their functions, powers, or duties in a manner consistent with specific directions, such as notifying the Secretary to the Treasury if an issue is referred to the Commissioner under the Act (section 5(2)(a)).
The delegations impose specific obligations on the designated officials within the Treasury. They must ensure that they exercise their delegated functions, powers, and duties in accordance with the Act and the directions provided (section 5(2)). For example, if an issue is referred to the Commissioner, the delegate must notify the Secretary to the Treasury as soon as practicable (section 5(2)(a)). These obligations are designed to ensure that the delegated officials can effectively carry out their responsibilities under the Act.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the instrument itself. However, any breach of the directions or failure to comply with the obligations imposed by the delegations may have legal consequences under the National Anti-Corruption Commission Act 2022. Depending on the nature and severity of the breach, this could include civil or criminal penalties, enforcement actions by the National Anti-Corruption Commission, or other remedies available under the Act.