Treasury Portfolio Governance (Machinery of Government Arrangements) Instrument 2025

Treasury Portfolio Governance (Machinery of Government Arrangements) Instrument 2025

I, Steven Kennedy, Secretary to the Department of the Treasury, make the following instrument.

Dated   20 May 2025

Dr Steven Kennedy

Secretary
Department of the Treasury

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Interpretation

Part 2—Transitional delegations

5  Delegations of powers and functions under public sector finance laws in relation to transferring function

6  Directions, instructions, conditions and limitations

Part 3—Repeal

7  Self repeal

Part 1—Preliminary

1  Name

  This instrument is the Treasury Portfolio Governance (Machinery of Government Arrangements) Instrument 2025.

2  Commencement

 (1) Each provision of 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.

Note: This table relates only to the provisions of this instrument as originally made.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 following:

 (a) the Financial Framework (Supplementary Powers) Act 1997; and

 (b) the Government Procurement (Judicial Review) Act 2018; and

 (c) the Industry Research and Development Act 1986; and

 (d) the Public Governance, Performance and Accountability Act 2013; and

 (e) the Public Governance, Performance and Accountability Rule 2014.

4  Interpretation

 (1) In this instrument:

new AAO means the Administrative Arrangements Order made by the Governor‑General on 13 May 2025 [C2025Q00003].

public sector finance law means:

 (a) a law mentioned in section 3; and

 (b) an instrument made under or for the purposes of a law mentioned in paragraph (a).

transferring function means a program or function (however described) that:

 (a) was, immediately before the commencement of the new AAO, a program or function that was the responsibility of a Minister (other than the Treasurer) or a Department (other than the Treasury); and

 (b) is, immediately after the commencement of the new AAO, a program or function that is the responsibility of the Treasurer or the Treasury.

Treasury means the Department of the Treasury.

 (2) References in this instrument to a person being delegated a power or function includes a reference to the person being authorised to exercise the power or perform the function.

Part 2—Transitional delegations

5  Delegations of powers and functions under public sector finance laws in relation to transferring function

 (1) Each official holding, occupying or performing the duties of an office or position in a Department (other than the Treasury), who immediately before the commencement of the new AAO was involved in the administration of a transferring function and had been delegated a power or function under a public sector finance law (whether individually or as part of a class), is delegated that same power or function.

 (2) Each official holding, occupying or performing the duties of an office or position in a Department (other than the Treasury), who would have been delegated a power or function under a public sector finance law if they had been involved in the administration of the transferring function immediately before the commencement of the new AAO because they form part of a class of official, is delegated that power or function.

6  Directions, instructions, conditions and limitations

  A power or function delegated under section 5 must be exercised or performed in accordance with any directions, instructions, conditions and limitations that applied to the power or function immediately before the commencement of the new AAO.

Part 3—Repeal

7  Self repeal

  This instrument ceases to have effect and is repealed on 30 August 2025.