Payment Times Reporting (Treasury) Amendment Delegation 2025
I, Robyn Beutel, Payment Times Reporting Regulator, make the following instrument.
Dated 19 December 2025
Robyn Beutel
Payment Times Reporting Regulator
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Payment Times Reporting (Treasury) Delegation 2021
1 Name
This instrument is the Payment Times Reporting (Treasury) Amendment Delegation 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Note: This table relates only to the provisions of this instrument as originally made.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 Payment Times Reporting Act 2020.
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Payment Times Reporting (Treasury) Delegation 2021
1 Section 5
Omit “(1) Under”, substitute “Under”.
2 Subsection 6(1)
Omit “each of the”, substitute “each”.
3 Subsection 6(1)
Omit “this Act”, substitute “the Act”.
4 Subsection 6(2)
Omit “a delegate under subsection (1) is directed to exercise powers, as an authorised officer, having”, substitute “a person appointed under subsection (1), when exercising powers as an authorised officer, is directed to exercise those powers having”.
5 Subparagraph 6(2)(b)(iii)
After “an official”, insert “of”.
6 Subsection 7(1)
Omit “each of the”, substitute “each”.
7 Subsection 7(1)
Omit “authorised officers”, substitute “infringement officers”.
8 Subsection 7(1)
Omit “this Act”, substitute “the Act”.
9 Subsection 7(2)
Omit “a delegate under subsection (1) is directed to exercise powers, as an authorised officer, having”, substitute “a person appointed under subsection (1), when exercising powers as an infringement officer, is directed to exercise those powers having”.
10 Paragraph 7(2)(b)
Omit “Regular”, substitute “Regulator”.
Overview
The Payment Times Reporting (Treasury) Amendment Delegation 2025I, made by Robyn Beutel, the Payment Times Reporting Regulator, is an instrument enacted under the Payment Times Reporting Act 2020. This instrument seeks to amend the existing delegation provisions within the Act to ensure clarity and effectiveness in the delegation of certain powers. The amendments are intended to streamline the process for delegating powers to authorised officers and infringement officers, ensuring that the legislative intent is more accurately reflected in the operational framework.
The instrument comes into effect the day after it is registered, as stipulated in the commencement section. The amendments target specific sections and subsections of the Payment Times Reporting (Treasury) Delegation 2021, focusing on the language and references to enhance the precision and readability of the legislation. The overarching objective is to align the operational directives with the legislative framework more effectively, thereby ensuring better governance and compliance with the Act's requirements.
Scope and Application
The Payment Times Reporting (Treasury) Amendment Delegation 2025I, made by Robyn Beutel, the Payment Times Reporting Regulator, amends the Payment Times Reporting (Treasury) Delegation 2021. This instrument, which is made under the Payment Times Reporting Act 2020, applies to the entities and persons who are subject to the original delegation. It specifically amends the terminology and restructures the delegation provisions to reflect the updated legislative framework. The instrument's provisions commence the day after it is registered, with the specific commencement dates for the amended sections detailed in the schedule. Notably, this instrument does not alter the geographic or jurisdictional reach of the original delegation, which applies to entities and individuals involved in business transactions within Australia. Any exclusions, exemptions, or thresholds remain as defined in the Payment Times Reporting Act 2020. The application and enforcement of this amendment may be further extended or restricted through subordinate instruments made under the authority of the Act.
Key Provisions
The Payment Times Reporting (Treasury) Amendment Delegation 2025I amends the Payment Times Reporting (Treasury) Delegation 2021, and it comes into effect the day after it is registered (Section 2). The instrument amends the Payment Times Reporting (Treasury) Delegation 2021 by making several changes, including modifying definitions and substituting terms to streamline language and clarify the roles and powers of appointed officers (Schedule 1). For instance, Section 5 removes redundant words to make the language more concise, while subsections 6(1) and 7(1) replace "each of the" with "each" and "authorised officers" with "infringement officers" to accurately reflect the roles of these individuals (Schedule 1 items 2, 3, 6, and 7). Additionally, the instrument ensures that any directions given to officers exercising powers as authorised or infringement officers are clearly defined (Schedule 1 items 4, 5, 9, and 10).
Under the Payment Times Reporting (Treasury) Amendment Delegation 2025I, certain obligations and requirements are placed on the parties it governs. These include the specification of the roles and powers of authorised and infringement officers, as well as the clarification of the language used to describe these roles (Schedule 1). The instrument also imposes a requirement on the Payment Times Reporting Regulator to ensure that any directions given to officers exercising powers are clear and specific, thereby maintaining the integrity and effectiveness of the regulatory process.
The Payment Times Reporting (Treasury) Amendment Delegation 2025I does not directly impose offences, penalties, or civil/criminal consequences for breach. However, the Payment Times Reporting Act 2020, under which this instrument is made, may include provisions for such consequences. Any breach of the regulations or directives under the Act could result in penalties, including fines or other sanctions, depending on the severity of the breach. The exact penalties are specified within the Payment Times Reporting Act 2020 and may vary based on the nature and extent of the violation.