National Rental Affordability Scheme (Treasury) Delegations 2025
I, Jenny Wilkinson, Secretary to the Department of the Treasury, make the following delegations.
Dated 27 June 2025
Jenny Wilkinson PSM
Secretary
Department of the Treasury
Contents
Part 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Part 2—Delegations
5 General delegations to SES employees
Part 1—Preliminary
1 Name
This instrument is the National Rental Affordability Scheme (Treasury) Delegations 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Note: This table relates only to the provisions of this instrument as originally made.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 National Rental Affordability Scheme Act 2008.
4 Definitions
Note: Expressions have the same meaning in this instrument as in the National Rental Affordability Scheme Act 2008 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 Rental Affordability Scheme Act 2008.
the Regulations means the National Rental Affordability Scheme Regulations 2020.
Treasury means the Department of the Treasury.
Part 2—Delegations
5 General delegations to SES employees
(1) Under subsections 11(1) and (2) 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 Secretary’s functions and powers under the Act and the Regulations (other than section 11 of the Act or subsection 41(8) of the Regulations):
(a) a Deputy Secretary;
(b) an SES employee.
Note: Section 11 of the Act is about delegations of the Secretary’s powers, and subsection 41(8) of the Regulations authorises the Secretary, by legislative instrument, to change the household income limits from time to time.
Overview
The National Rental Affordability Scheme (Treasury) Delegations 2025 was enacted to address delegations of authority under the National Rental Affordability Scheme Act 2008, facilitating efficient administration of the scheme by appropriately allocating the Secretary's functions and powers to specified senior executives within the Department of the Treasury. This notifiable instrument was made under the authority of the National Rental Affordability Scheme Act 2008 and is intended to ensure that the scheme's operations are effectively managed by empowering designated Treasury officials. The primary objective is to streamline the decision-making process and enhance the implementation of the National Rental Affordability Scheme by delegating certain powers to Deputy Secretaries and Senior Executive Service (SES) employees, thereby allowing for more agile and responsive management of the scheme.
Scope and Application
The National Rental Affordability Scheme (Treasury) Delegations 2025 outlines specific delegations of authority within the Department of the Treasury for the implementation and administration of the National Rental Affordability Scheme, as established under the National Rental Affordability Scheme Act 2008. This instrument commences on the day after it is registered and applies to the delegation of functions and powers to certain officers within the Treasury, specifically Deputy Secretaries and Senior Executive Service (SES) employees. These individuals are entrusted with all functions and powers of the Secretary under the Act and the National Rental Affordability Scheme Regulations 2020, except for certain specific powers related to the delegation of the Secretary’s own powers and the authority to adjust household income limits. The delegations are intended to facilitate efficient and effective administration of the Scheme, ensuring that the objectives of the legislation are met within the specified parameters.
Key Provisions
The National Rental Affordability Scheme (Treasury) Delegations 2025 outlines specific delegations of functions and powers under the National Rental Affordability Scheme Act 2008. The instrument commences the day after its registration, as indicated in section 2. These delegations are made under the authority of the National Rental Affordability Scheme Act 2008 and the terms are defined in line with the Act and the National Rental Affordability Scheme Regulations 2020.
The delegations, specified in section 5, empower certain officials within the Department of the Treasury to exercise all functions and powers under the Act and the Regulations, except for specific exclusions. The positions eligible for these delegations include Deputy Secretaries and Senior Executive Service (SES) employees within the Treasury. This delegation is intended to streamline the management and implementation of the National Rental Affordability Scheme by allowing these officials to act on behalf of the Secretary without the need for further authorisation.
Entities and individuals governed by the National Rental Affordability Scheme Act 2008 are subject to specific obligations under this delegation instrument. These include compliance with the terms and conditions set forth by the Act and Regulations. The officials who are delegated these powers must ensure that their actions are in line with the statutory requirements, thus maintaining the integrity and effectiveness of the Scheme.
Failure to comply with the provisions of the National Rental Affordability Scheme Act 2008 or the Regulations may result in civil or criminal consequences. The exact penalties are not specified within this delegation instrument, but they are detailed in the primary Act and Regulations. The maximum penalties for breaches can vary depending on the nature and severity of the offence, and may include fines or other sanctions as determined by the relevant authorities. It is crucial for those governed by these provisions to adhere to the legal requirements to avoid potential penalties.