Payment Times Reporting (Treasury) Amendment Delegations 2024
I, Robyn Beutel, Payment Times Reporting Regulator, make the following delegations.
Dated 20 September 2024
Robyn Beutel
Payment Times Reporting Regulator
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Main amendments
Payment Times Reporting (Treasury) Delegation 2021
Schedule 2—Other amendments
Payment Times Reporting (Treasury) Delegation 2021
1 Name
This instrument is the Payment Times Reporting (Treasury) Amendment Delegations 2024.
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Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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—Main amendments
Payment Times Reporting (Treasury) Delegation 2021
1 Section 4
Insert:
EL1 employee means an APS employee who has been allocated an Executive Level 1 classification.
2 Section 4 (definition of the Rules)
Omit “2020”, substitute “2024.
3 Section 4
Insert:
the Treasury means the Department of the Treasury.
4 Subsection 5(1)
Omit “section 27(1)”, substitute “subsections 27(1) and (1A)”.
5 Paragraph 5(1)(a)
Omit “Department of the”.
6 After section 5
Add:
6 Appointment of authorised officers
(1) Under subsection 35(1) of the Act, each of the person or persons specified in subsection (3) (being the persons for the time being holding, acting or performing the duties of the respective offices or positions in the Treasury that are so specified) are appointed as authorised officers for the purposes of this Act.
(2) Under subsection 35(3) of the Act, a delegate under subsection (1) is directed to exercise powers, as an authorised officer, having regard to all of the following:
(a) that the Commonwealth and the Regulator seek to apply best practice in performing regulatory functions under the Act and the Rules;
(b) any regulatory actions are taken in a manner consistent with:
(i) the APS Code of Conduct (within the meaning of the Public Service Act 1999);
(ii) the Public Governance, Performance and Accountability Act 2013;
(iii) any instruments made under the Public Governance, Performance and Accountability Act 2013 as they apply to an official the Treasury.
(3) Each of the following persons, made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act, are specified where the duties of the person include regulatory compliance and enforcement:
(a) an SES employee;
(b) an EL2 employee;
(c) an EL1 employee.
7 Appointment of infringement officers
(1) Under subsection 36(1) of the Act, each of the person or persons specified in subsection (3) (being the persons for the time being holding, acting or performing the duties of the respective offices or positions in the Treasury that are so specified) are appointed as authorised officers for the purposes of this Act.
(2) Under subsection 36(3) of the Act, a delegate under subsection (1) is directed to exercise powers, as an authorised officer, having regard to all of the following:
(a) that the Commonwealth and the Regulator seek to apply best practice in performing regulatory functions under the Act and the Rules;
(b) that the Commonwealth and the Regular behave as model litigants in the conduct of litigation and in performing regulatory functions under the Act and the Rules;
(c) any regulatory actions are taken in a manner consistent with:
(i) the APS Code of Conduct (within the meaning of the Public Service Act 1999);
(ii) the Public Governance, Performance and Accountability Act 2013;
(iii) any instruments made under the Public Governance, Performance and Accountability Act 2013 as they apply to an official of the Treasury.
Note: For further information on the Commonwealth’s obligation to act as a model litigant, see the Legal Services Directions 2017.
(3) Each of the following persons, made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act, are specified where the duties of the person include regulatory compliance and enforcement:
(a) an SES employee;
(b) an EL2 employee.
Schedule 2—Other amendments
Payment Times Reporting (Treasury) Delegation 2021
1 Schedule 1
Repeal the Schedule, substitute:
Schedule 1—Delegations
Note: See section 5.
Item | Function or power | Description of the function or power | Delegates | Limitations | Directions |
1 | subsection 10B(1) of the Act | determining that an entity is a volunteering entity | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
2 | subsection 10D(3) of the Act | revoking a determination that an entity is a volunteering entity | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
3 | subsection 10E(1) of the Act | determining that an entity is a subsidiary reporting entity | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
4 | subsection 10G(1) of the Act | revoking a determination that an entity is a subsidiary reporting entity | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
5 | subsection 10K(1) of the Act | determining that an entity ceases to be a reporting entity | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
6 | subsection 10L(1) of the Act | determining that an entity is a reporting nominee for one or more other entities | (a) SES employee (b) EL2 employee | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
7 | subsection 10N(1) of the Act | revoking a determination that an entity is a reporting nominee for one or more other entities | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
8 | subsection 10P(1) of the Act | determining that an entity is an exempt entity | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
9 | subsection 10R(1) of the Act | revoking a determination that an entity is an exempt entity | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
10 | subsection 13A(4) of the Act | extension of time to give report—single extension of 28 days or less | (a) SES employees (b) EL2 employees (c) EL1 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
11 | subsection 13B(4) of the Act | extension of time to give report—other extensions | (a) SES employees (b) EL2 employees (c) EL1 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
12 | subsection 17(1) of the Act | Payment Times Reports Register | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
13 | section 20 of the Act | decision to remove information contained in a payment times report from the register | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
14 | section 21 of the Act | decision to remove, or make unavailable, a payment times report for a volunteering entity that fails to comply with the Act | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
15 | subsection 22(1) of the Act | publication of information about failure to comply with Act | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
16 | subsections 27A(5) and (6) | require further information in relation to an application | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
17 | subsection 30(2) of the Act | compliance audits | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
18 | section 30A of the Act | compulsory information gathering | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
19 | section 40A of the Act | disclosing information to compliance auditors | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
20 | section 53 of the Act | reconsideration of reviewable decision | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if: (a) the delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act; and (b) the delegate was not involved in, or consulted in, the making of the reviewable decision; and (c) the delegate has the same, or a higher, classification as the original decision‑maker | none |
21 | section 21 of the Rules | information that may or must be published on the Register | (a) SES employees (b) EL2 employees | the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act | none |
Note: The description of the function or power in the table are to assist readers only. They are not intended to affect the interpretation nor limit the function or power referred to in the table.