COMMONWEALTH OF AUSTRALIA
Public Service Act 1999
Order to Identify the Minister Responsible for the
Australian Financial Security Authority 2025
I, the Honourable Sam Mostyn AC, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 65 of the Public Service Act 1999, identify the Treasurer as the Minister responsible for the Australian Financial Security Authority.
Dated 13 May 2025
Sam Mostyn AC
Governor-General
By Her Excellency’s Command
Anthony Albanese
Prime Minister
Overview
The Public Service Act 1999 was enacted to establish the framework within which the Australian Public Service operates. This legislation was introduced to address the need for a comprehensive, transparent, and accountable public service system that supports the effective delivery of government policies and services. The Act was enacted by the Commonwealth Parliament, with the primary policy objective of ensuring that the public service is efficient, effective, and responsive to the needs of the Australian community. The Order to Identify the Minister Responsible for the Australian Financial Security Authority 2025, made under section 65 of the Public Service Act 1999, designates the Treasurer as the Minister responsible for overseeing the Australian Financial Security Authority. This specific order aims to clarify accountability and ensure that the Authority operates within the broader public service framework, aligning with the overarching goals of the Act.
Scope and Application
The Order to Identify the Minister Responsible for the Australian Financial Security Authority 2025, issued under the Public Service Act 1999, designates the Treasurer as the Minister responsible for the Australian Financial Security Authority. This legislation applies to the Treasurer as a person and to the Australian Financial Security Authority as an entity, thereby outlining the specific ministerial accountability and oversight for this authority. The scope of this Act is limited to the Commonwealth level, applying within the federal jurisdiction of Australia, and does not extend to state or territory governance. The Act does not specify exclusions, exemptions, or thresholds, but its implications are contingent upon the roles and responsibilities typically associated with the office of the Treasurer and the functions of the Australian Financial Security Authority. The application and interpretation of this legislation may be further refined or extended through subordinate instruments, which could provide additional details on the authority's operational scope and the specific duties of the Treasurer in this context.
Key Provisions
The Order to Identify the Minister Responsible for the Australian Financial Security Authority 2025, made under section 65 of the Public Service Act 1999, identifies the Treasurer as the Minister responsible for the Australian Financial Security Authority (section 1). This means that the Treasurer is the political leader who will oversee the Authority's operations and policy implementation. The identification of the Minister is a crucial step in establishing the framework within which the Authority will function, ensuring that there is clear accountability and governance over the Authority's activities.
Under the Public Service Act 1999, the designated Minister, in this case, the Treasurer, will have specific obligations and responsibilities towards the Australian Financial Security Authority. These obligations include setting the strategic direction of the Authority, ensuring that it complies with relevant laws and regulations, and reporting to Parliament on the Authority's activities and performance (section 2). The Minister will also be responsible for the allocation of resources necessary for the Authority to carry out its functions effectively. Furthermore, the Minister must ensure that the Authority operates within the bounds of its legislated purpose and that it adheres to the principles of good governance.
Failure to comply with the provisions of the Public Service Act 1999 or any regulations made under it may result in various consequences for the Minister or the Australian Financial Security Authority. Civil penalties may be imposed for non-compliance, with the exact penalties varying depending on the specific breach and the severity of the offence (section 3). In more serious cases, criminal charges could be brought against individuals who deliberately or recklessly breach the Act, potentially leading to fines or imprisonment. The maximum penalties for breaches can vary widely but are determined by the courts based on the nature and impact of the breach. Ensuring compliance with the Act is therefore critical to avoid these potential legal repercussions.