Treasury Portfolio Governance Amendment (2023 Measures No. 1) Instrument 2023
I, Steven Kennedy, Secretary to the Department of the Treasury, make the following instrument.
Dated 6 April 2023
Dr Steven Kennedy
Department of the Treasury
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Treasury Portfolio Governance (Australian Office of Financial Management) Instrument 2023
Treasury Portfolio Governance (Commonwealth Grants Commission) Instrument 2023
Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023
1 Name
This instrument is the Treasury Portfolio Governance Amendment (2023 Measures No. 1) Instrument 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 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Note: This table relates only to the provisions of this instrument as originally made.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 Public Service Regulations 2023.
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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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
Treasury Portfolio Governance (Australian Office of Financial Management) Instrument 2023
1 Paragraph 3(i)
Repeal the paragraph, substitute:
(i) Public Service Regulations 2023; and
2 Section 13 (heading)
Repeal the heading, substitute:
13 Delegation under the Public Service Regulations 2023
3 Subsection 13(1)
Omit “Under subregulation 9.3(3) of the Public Service Regulations 1999”, substitute “Under subsection 105(3) of the Public Service Regulations 2023”.
4 Subsection 13(2)
Omit “Under subregulation 9.3(8) of the Public Service Regulations 1999”, substitute “Under subsection 105(8) of the Public Service Regulations 2023”.
Treasury Portfolio Governance (Commonwealth Grants Commission) Instrument 2023
5 Paragraph 3(i)
Repeal the paragraph, substitute:
(i) Public Service Regulations 2023; and
6 Section 13 (heading)
Repeal the heading, substitute:
13 Delegation under the Public Service Regulations 2023
7 Subsection 13(1)
Omit “Under subregulation 9.3(3) of the Public Service Regulations 1999”, substitute “Under subsection 105(3) of the Public Service Regulations 2023”.
8 Subsection 13(2)
Omit “Under subregulation 9.3(8) of the Public Service Regulations 1999”, substitute “Under subsection 105(8) of the Public Service Regulations 2023”.
Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023
9 Paragraph 3(i)
Repeal the paragraph, substitute:
(i) Public Service Regulations 2023; and
10 Section 13 (heading)
Repeal the heading, substitute:
13 Delegation under the Public Service Regulations 2023
11 Subsection 13(1)
Omit “Under subregulation 9.3(3) of the Public Service Regulations 1999”, substitute “Under subsection 105(3) of the Public Service Regulations 2023”.
12 Subsection 13(2)
Omit “Under subregulation 9.3(8) of the Public Service Regulations 1999”, substitute “Under subsection 105(8) of the Public Service Regulations 2023”.
Overview
The Treasury Portfolio Governance Amendment (2023 Measures No. 1) Instrument 2023I, enacted by Dr Steven Kennedy, the Secretary to the Department of the Treasury, on 6 April 2023, is an instrument made under the Public Service Regulations 2023. This legislative instrument aims to update and align the governance frameworks of several key entities within the Treasury portfolio, specifically the Australian Office of Financial Management, the Commonwealth Grants Commission, and the Royal Australian Mint, with the new Public Service Regulations 2023. The primary objective is to ensure that these entities operate under a modernised regulatory environment that better reflects current governance practices and requirements. The instrument amends relevant provisions to replace references to the outdated Public Service Regulations 1999 with the newer Public Service Regulations 2023, ensuring compliance and consistency across the portfolio.
Scope and Application
The Treasury Portfolio Governance Amendment (2023 Measures No. 1) Instrument 2023 applies to the Australian Office of Financial Management, the Commonwealth Grants Commission, and the Royal Australian Mint, which are all entities within the Treasury Portfolio. The instrument is designed to amend existing governance instruments for these entities, specifically updating their references from the Public Service Regulations 1999 to the Public Service Regulations 2023. This legislative change reflects the updated regulatory framework under which these entities operate, ensuring that their governance structures are aligned with the most recent regulatory requirements. The instrument commenced on the day after its registration and is made under the authority of the Public Service Regulations 2023. The instrument does not specify any exclusions, exemptions, or thresholds, nor does it indicate any extensions or restrictions through subordinate instruments.
Key Provisions
The Treasury Portfolio Governance Amendment (2023 Measures No. 1) Instrument 2023 (paragraph 1) amends three specific instruments related to the governance of the Treasury portfolio entities: the Australian Office of Financial Management, the Commonwealth Grants Commission, and the Royal Australian Mint. The amendments primarily involve updating references from the Public Service Regulations 1999 to the Public Service Regulations 2023 (Schedule 1, paragraphs 3(i)). Additionally, section 13 (paragraphs 2, 5, and 9) modifies the heading of the section to reflect the updated regulation, changing it from a section on delegation under the Public Service Regulations 1999 to a section on delegation under the Public Service Regulations 2023. Subsections 13(1) and 13(2) (paragraphs 3, 6, 9, 10, 11, and 12) similarly update references from subregulations 9.3(3) and 9.3(8) of the Public Service Regulations 1999 to subsections 105(3) and 105(8) of the Public Service Regulations 2023.
These amendments impose specific obligations on the Australian Office of Financial Management, the Commonwealth Grants Commission, and the Royal Australian Mint to ensure that their governance frameworks comply with the updated Public Service Regulations 2023. The changes require these entities to review and revise their governance documents to reflect the new regulatory references accurately. This involves updating internal policies, procedures, and any relevant documentation to align with the new regulations, ensuring that delegations and authorities are correctly referenced and authorised under the Public Service Regulations 2023.
The instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the amendments. However, non-compliance with the Public Service Regulations 2023 could potentially result in various penalties or consequences as stipulated by the relevant regulations or other applicable laws. These could include administrative penalties, disciplinary actions against individuals, or more severe consequences depending on the nature and extent of the non-compliance. The precise nature of these penalties would depend on the specific provisions of the Public Service Regulations 2023 and other related legislation.