House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Finance and Administration, Senator the Honourable Nick Minchin)

Notes on items in Schedule 220

626. The notes, under each Act are grouped under topic headings in order to reduce repetition in the explanation. This arrangement means that explanations are not always recorded in the order of the item numbers.

Items 1 to 10 - Aboriginal and Torres Strait Islander Act 2004

Transfer of approval powers from the Treasurer to the Finance Minister

627. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

628. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Items 2, and 5 amend subsections 142G(2) and 153(2) respectively. The subsections provide that the powers of the Torres Strait Regional Authority and Indigenous Business Australia, respectively, to give guarantees are "subject to such limits as the Treasurer determines".

•

Items 4 and 6 amend subsections 144X(2) and 183(2) respectively. The subsections provide that the powers of the Torres Strait Regional Authority and Indigenous Business Australia, respectively, to borrow money on overdraft from a bank, are "subject to such limits as the Treasurer determines".

Delegation power for the Finance Minister

629. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

630. Item 10 adds subsections 200B(1) and (2). Subsection 200B(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 142G, 144X, 153 or 183 to an official within the meaning of the Financial Management and Accountability Act 1997), that is, to a person who is in an Agency or is part of an Agency. Subsection 200B(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

631. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

632. Items 3, 7, 8 and 9 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

633. Item 1 amends subsection 4(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 11 and 12 - Aboriginal Land Rights (Northern Territory) Act 1976

Transfer of approval powers from the Treasurer to the Finance Minister

634. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

635. Item 11 amends section 33 to transfer approval powers from the Treasurer to the Finance Minister by replacing the references to "Treasurer" with "Finance Minister". The section provides that "With the approval of the Treasurer, a Land Council may, in any one financial year, borrow from a bank approved by the Treasurer for the purpose".

Delegation power for the Finance Minister and definition of Finance Minister

636. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

637. Item 12 adds subsections, 33(2) and 33(3):

•

Subsection 33(2) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 33(3) defines the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 13 to 20 - Agricultural and Veterinary Chemicals (Administration) Act 1992

Transfer of approval powers from the Treasurer to the Finance Minister

638. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

639. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing the references to "Treasurer" with "Finance Minister":

•

Item 16 amends subsection 63(2). The current provision is:

Except with the written approval of the Treasurer, the National Registration Authority for Agricultural and Veterinary Chemicals must not borrow money if, as a result of the borrowing, the total amount borrowed by the Authority at any time would exceed $500,000.

•

Items 17 and 18 amend subsections 64(1) and (2) respectively. The subsections provide for the Treasurer to guarantee "the performance by the [National Registration Authority for Agricultural and Veterinary Chemicals] of obligations incurred by it under section 63" (subsection 64(1).

640. Item 20 repeals section 72. The section provides the Treasurer with a power to delegate all or any powers of the Treasurer under the Act "to a person holding or performing duties of an office in the Department of the Treasury".

Delegation power for the Finance Minister

641. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

642. Item 19 adds subsections 69AA(1) and (2). Subsection 69AA(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 63 or 64 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency, or is part of an Agency. Subsection 69AA(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

643. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

644. Items 14 and 15 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

645. Item 13 amends section 4 by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 21 to 28 - Albury-Wodonga Development Act 1973

Transfer of approval powers from the Treasurer to the Finance Minister

646. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

647. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing the references to "Treasurer" with "the Finance Minister":

•

Item 22 amends section 3. The section includes a definition of an approved bank as "the Reserve Bank of Australia or another bank approved by the Treasurer".

•

Item 24 amends paragraph 26(1)(b). The provision authorises the Albury-Wodonga Development Corporation to, "with the approval of the Treasurer, borrow moneys from an approved bank, or any other lender", other than the State of New South Wales or the State of Victoria.

•

Item 25 amends subsection 26(3). The subsection provides for the Treasurer to "guarantee the repayment of amounts borrowed in accordance with paragraph (1)(b), and the payment of interest on amounts so borrowed."

•

Item 26 amends paragraph 28(2)(c). Subsection 28(2) provides for the Treasurer to approve the investment of surplus money of the Corporation that is not invested on "(a) on fixed deposit with an approved bank; [or] (b) in securities of the Commonwealth".

Delegation power for the Finance Minister

648. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

649. Item 27 adds subsections 31B(1) and 31B(2). Subsection 31B(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 3 (definition of approved bank), 26 or 28 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or is part of an Agency. Subsection 31B(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister."

References to "Minister for Finance"

650. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

651. Items 23 and 28 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

652. Item 21 amends section 3 by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 29 to 39 - Australian Broadcasting Corporation Act 1983

Transfer of approval powers from the Treasurer to the Finance Minister

653. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

654. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing the references to "Treasurer" with "Finance Minister":

•

Items 34 and 35 amend subsections 70B(1) and (6) respectively. Subsection (1) provides that the Australian Broadcasting Corporation, "may, with the approval of the Treasurer, (a) borrow money from someone other than the Commonwealth; or (b) raise money otherwise than by borrowing it." Subsection (6) provides that the Treasurer's approval may relate to particular transactions.

•

Item 30 amends subsection 25B(5). The provision is:

In this section proposed borrowing or raising of money means a proposed borrowing or raising of money that has been approved by the Treasurer under section 70B.

•

Items 36 and 37 amend subsections 70C(1) and (2) respectively. The subsections provide for the Treasurer to guarantee the repayment of amounts borrowed, the payment of interest on amounts borrowed, and obligations relating to money raised by the Corporation other than borrowing. These forms of financing are authorised under subsection 70B(1).

655. Item 38 repeals section 70F. The section provides the Treasurer with a power to delegate all or any powers of the Treasurer under sections 70B or 70C of the Act to "a person performing the duties of an office in the Department of the Treasury".

Delegation power for the Finance Minister

656. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

657. Item 39 adds subsections 71A(1) and 71A(2). Subsection 71A(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 70B or 70C to an official (within the meaning of the Financial Management and Accountability Act 1997", that is to a person who is in an Agency or is part of an Agency. Subsection 71A(2) provides at "in exercising the powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

658. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

659. Items 31, 32 and 33 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

660. Item 29 amends section 3 by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 40 to 42 - Australian Film Commission Act 1975

Transfer of approval power from the Treasurer to the Finance Minister

661. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

662. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Items 40 and 41 amend subsection 6(2) and paragraph 6(4)(b) respectively. Subsection 6(2) provides that "the power of the [Australian Film] Commission to give guarantees is subject to such limits as the Treasurer determines. Paragraph 6(4)(b) refers to limits that the Treasurer has determined under subsection 6(2).

Delegation power for the Finance Minister and definition of Finance Minister

663. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

664. Item 42 adds subsections 6(7) and 6(8):

•

Subsection 6(7) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency, or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 6(8) defines the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 43 to 50 - Australian Hearing Services Act 1991

Transfer of approval powers from the Treasurer to the Finance Minister

665. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

666. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 46 amends subsection 55(1). The subsection provides that the Australian Hearing Services (the Authority) "may, with the Treasurer's written approval, borrow money from persons other than the Commonwealth".

•

Items 47 and 48 amend subsections 56(1) and (2) respectively. Subsection (2) refers to determinations made under subsection (1), which provides the Treasurer with the power to guarantee:

"(a)

the performance by the Authority of obligations incurred by it under section 55; or

(b)

the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company".

667. Item 49 repeals section 58. The section provides the Treasurer with a power to delegate all or any powers of the Treasurer under section 56 "to a person holding or performing the duties of an office in the Department of the Treasury.

Delegation power for the Finance Minister

668. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

669. Item 50 adds subsections 63B(1) and 63B(2). Subsection 63B(1) provides the Finance Minister with a power to delegate any of the Finance Minister's powers or functions under section 55 or 56 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or is part of an Agency. Subsection 63B(2) provides that "in exercising powers or functions under a delegation the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

670. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

671. Items 44 and 45 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

672. Item 43 amends subsection 4(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 51 to 55 - Australian Maritime Safety Authority Act 1990

Transfer of approval powers from the Treasurer to the Finance Minister

673. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

674. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Items 51, 52 and 53 amend subsections 41(1), 41(2) and 41(5) respectively. Subsections 41(1) and (2) provide the Treasurer with the power to guarantee:

"(a)

the performance by the Authority [the Australian Maritime Safety Authority] of obligations incurred by it under section 40; or

(b)

the performance by a company that is a wholly owned subsidiary of the Authority of obligations arising out of a borrowing by the company".

675. Section 40 provides the Authority with the power to borrow money otherwise than from the Commonwealth.

676. Subsection 41(5) requires the Treasurer to table in Parliament documents relating to guarantees provided by the Treasurer.

677. Item 55 repeals section 43. The section provides the Treasurer with a power to delegate all or any powers of the Treasurer under section 41 to "a person holding or performing the duties of an office in the Department of the Treasury.

Delegation power for the Finance Minister and definition of Finance Minister

678. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

679. Item 54 adds subsections 41(6) and 41(7):

•

Subsection 41(6) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 41(7) defines the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 56 and 57 - Australian National University Act 1991

Transfer of approval power from the Treasurer to the Finance Minister

680. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

681. Item 56 amends subsection 44(2) to transfer an approval power from the Treasurer to the Finance Minister by replacing the reference to "Treasurer" with "Finance Minister". The subsection provides that the University's power to borrow money "is subject to such limits as the Treasurer determines".

Delegation power for the Finance Minister and definition of Finance Minister

682. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

683. Item 57 adds subsections 44(3) and (4):

•

Subsection 44(3) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 44(4) defines the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 58 to 67 - Australian Nuclear Science and Technology Organisation Act 1987

Transfer of approval powers from the Treasurer to the Finance Minister

684. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

685. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 61 amends subsection 33(1). The subsection provides that the Australian Nuclear Science and Technology Organisation (the Organisation) "may, with the approval of the Treasurer, borrow money otherwise than from the Commonwealth".

•

Item 62 amends subsection 33(3). The subsection provides for the Treasurer to "guarantee the repayment by the Organisation of amounts borrowed under this section and the payment of interest on amounts so borrowed".

•

Item 63 amends subsection 34(1). The subsection provides that "the Organisation may, with the approval of the Treasurer but not otherwise, deal with securities."

•

Item 64 amends subsection 34(2). The subsection provides for the Treasurer to guarantee "the repayment by the Organisation of amounts borrowed or raised, and the payment by the Organisation of interest (if any) on those amounts".

•

Item 65 amends subsection 34(3). The provision refers to the Treasurer making a determination for the purpose of subsection 34(2).

686. Item 67 repeals section 43. The section provides the Treasurer with a power to delegate all or any of the Treasurer's powers under sections 33 or 34 "to a person holding or performing duties of an office in the Department of the Treasury".

Delegation power for the Finance Minister

687. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

688. Item 66 adds subsections 36A (1) and (2). Subsection 36A(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under sections 33 or 34 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency. Subsection 36A(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

References to "Minister for Finance"

689. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

690. Items 59 and 60 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

691. Item 58 amends subsection 3(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 68 and 69 - Australian Prudential Regulation Authority Act 1998

Transfer of approval power from the Treasurer to the Finance Minister

692. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

693. Item 68 amends subsection 53(2) to transfer an approval power from the Treasurer to the Finance Minister by replacing the references to "Treasurer" with "Finance Minister". The subsection provides for the Treasurer to guarantee "the performance by [the Australian Prudential Regulation Authority] of obligations incurred by [the Australian Prudential Regulation Authority] under subsection (1)". Subsection (1) authorises the Australian Prudential Regulation Authority to "borrow money from the Commonwealth or persons other than the Commonwealth".

Delegation power for the Finance Minister and definition of Finance Minister

694. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

695. Item 69 adds subsections 53(3) and 53(4):

•

Subsection 53(3) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 53(4) defines the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 70 and 71 - Australian Trade Commission Act 1985

Transfer of approval power from the Treasurer to the Finance Minister

696. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

697. Item 70 amends subsection 79(1) to transfer an approval power from the Treasurer to the Finance Minister by replacing the reference to "Treasurer" with "Finance Minister". The subsection provides that the Australian Trade Commission "may, with the approval of the Treasurer (a) borrow money otherwise than from the Commonwealth; or (b) raise money otherwise than by borrowing".

Delegation power for the Finance Minister and definition of Finance Minister

698. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

699. Item 71 adds subsections 79(5) and 79(6):

•

Subsection 79(5) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 79(6) defines the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 72 to 78 - Commonwealth Authorities and Companies Act 1997

Harmonization with the Criminal Code Act 1995

700. Item 72 amends subsection 6(1). The provision is:

Chapter 2 of the Criminal Code applies to all offences against this Act, other than offences against provisions of Division 4 of Part 3.

701. Division 4 of Part 3 of the CAC Act covers conduct of officers of CAC Act authorities. The amendment deletes the reference "other than offences against provisions of Division 4 of Part 3" so that offence provisions in that Division can be aligned with the Criminal Code. The amendments proposed to section 27C are discussed below. Section 27C is in Division 4 of Part 3.

702. The Finance and Administration Legislation Amendment (Application of Criminal Code) Act 2001 did not amend the CAC Act, so that the Criminal Code would apply to Division 4 of Part 3 of the CAC Act, because the Criminal Code did not apply to the equivalent provisions in the then Corporations Law. With the enactment of the Commonwealth's Corporations Act 2001 the Criminal Code could be applied to the Corporations Act 2001.21

703. Therefore, Schedule 1 of the Treasury Legislation Amendment (Application of Criminal Code) Act (No.3) 2001 harmonised the offence provisions in the Corporations Act 2001 with the Criminal Code. It is Government policy to align the duties of directors of CAC Act authorities with the duties imposed on the directors of companies.

704. Accordingly, Items 75, 76, 77 and 78 amend provisions in section 27C to separate the physical element of an offence (a person being a director of a Commonwealth authority while a disqualification is in force against the person) from the defence to the offence (the leave of the Court for the person to be a director).

705. Item 75 amends subsection 27C(4) by replacing it with two subsections. The current provision is:

(4)

If a disqualification order under subsection (1) is in force against a person, the person must not be a director of a Commonwealth authority except with the leave of the Court. Maximum penalty: Imprisonment for 1 year.

706. The replacement provisions are:

(4)

A person commits an offence if: (a) such a disqualification is in force against the person; and (b) the person is a director of a Commonwealth authority. Maximum penalty: Imprisonment for 1 year.

(4A)

However, the person has an excuse if the person is a director of a Commonwealth authority with the leave of the Court.

Note: A defendant bears an evidential burden in relation to the matter in subsection (4A), see subsection 13.3(3) of the Criminal Code.

707. Item 76 amends subsection 27C(5) by replacing the reference to "subsection (4)" with "subsection (4A)". This amendment is a consequence of the amendment to subsection 27C(4).

708. Items 77 and 78 amend subsection 27C(6). The current provision is:

A person must not contravene a condition or restriction imposed under subsection (5). Maximum penalty: Imprisonment for 1 year.

709. The amended provision is:

A person must not contravene such a condition or restriction. Maximum penalty: Imprisonment for 1 year.

710. This amendment is a consequence of the amendments to subsections 27C(4) and (5).

Transfer of approval power from the Treasurer to the Finance Minister

711. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

712. Item 73 amends paragraph 18(3)(d) to transfer an approval power from the Treasurer to the Finance Minister by replacing the reference to "Treasurer" with "Finance Minister". Subsection 18(3) provides for the Treasurer to approve the investment of surplus money by a CAC Act authority (other than a Government Business Enterprise or a Statutory Marketing Authority) in any manner other than on deposit with a bank, or in securities of, or guaranteed by, the Commonwealth, or a State or a Territory Government.

Delegation power for the Finance Minister

713. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

714. Item 74 adds subsection 18(4A) to provide the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency, or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

Items 79 to 84 - Co-operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978

Transfer of approval power from the Treasurer to the Finance Minister

715. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

716. The following items transfer an approval power from the Treasurer to the Finance Minister by the replacing the reference to "Treasurer" with "Finance Minister":

•

Item 80 amends subsection 4(1). The subsection provides for the Treasurer to give "one guarantee in respect of the repayment by the Society of one-half of the principal moneys in relation to a borrowing of moneys by the Society"(the Co-operative Farmers and Graziers Direct Meat Supply Limited).

•

Items 81, 82, 83 and 84 amend section 5. These provisions set conditions which must apply for the Treasurer to give a guarantee under section 4.

717. No delegation power is proposed for the Finance Minister. The Act provides that a guarantee to the Society may only be given if the Treasurer of the State of Victoria gives a like guarantee (paragraph 5(a)). Under these circumstances, it would be more appropriate for the Finance Minister, and not a delegated official, to decide whether the Commonwealth should provide a guarantee to the Society.22

Definition of Finance Minister

718. Item 79 amends section 3 to include a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 85 to 97 - Defence Housing Authority Act 1987

Transfer of approval powers from the Treasurer to the Finance Minister

719. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

720. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Items 89, 90 and 91 amend subsections 37(1), 38(1) and 38(2), respectively.

•

Subsection 37(1) provides that the Defence Housing Authority (the Authority) "may, with the written approval of the Treasurer (a) borrow money, otherwise than from the Commonwealth, or (b) raise money otherwise than by borrowing".

•

Subsections 38(1) and 38(2) provide for the Treasurer to guarantee the repayment of borrowing, the payment of interest on borrowing, or a payment with respect to money raised otherwise than by borrowing, by the Authority.

•

Item 86 amends paragraph 8(5)(c). The paragraph provides that "the Authority shall endeavour to ensure that a company in which it holds a controlling interest does not: (a) borrow money, otherwise than from the Commonwealth; or (b) raise money otherwise than by borrowing; except (c) with the written approval of the Treasurer".

•

Items 92, 93, 94, and 95 amend subsections 41(2), (3), (4) and (7) respectively. The subsections provide for the Treasurer to guarantee the repayment of borrowing, the repayment of interest on borrowing, or a payment with respect to money raised otherwise than by borrowing by a body corporate that is a wholly owned subsidiary of the Authority.

721. Item 96 repeals section 42. The section provides the Treasurer with a power to "delegate to a person holding or performing the duties of an office in the Department of the Treasury all or any of the powers of the Treasurer under section 8(5) or this Part".

Delegation power for the Finance Minister

722. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

723. Item 97 adds subsections 66A(1) and (2). Subsection 66A(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 8, 37, 38 or 41 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or is part of an Agency. Subsection 66A(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

724. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

725. Items 87 and 88 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

726. Item 85 amends subsection 3(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 98 to 112 - Export Finance and Insurance Corporation Act 1991

Transfer of approval power from the Treasurer to the Finance Minister

727. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

728. Item 102 amends subsection 59(1) to transfer an approval power from the Treasurer to the Finance Minister by replacing the reference to "Treasurer" with "Finance Minister". The subsection provides that "EFIC [the Export Finance and Insurance Corporation] may, with the written approval of the Treasurer: (a) borrow money otherwise than from the Commonwealth; or (b) raise money otherwise than by borrowing"

729. Items 105, 108 and 110 amend subsections 65(8) and 66(8) and paragraph 66A(4)(b), respectively. These provisions refer to approvals given by the Treasurer under subsection 59.

Delegation power for the Finance Minister

730. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

731. Item 103 adds subsection 59(4) to provide the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister."

References to "Minister for Finance"

732. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

733. Items 99, 100, 101, 104, 106, 107, 109, 111 and 112 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

734. Item 98 amends subsection 3(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 113 to 118 - Financial Management and Accountability Act 1997

Delegations by the Treasurer and delegations subject to directions

735. Items 113, 114 and 115 amend paragraph 53(1)(a) and subsection 53(1A) respectively to:

•

clarify that powers or functions that have been delegated to a Chief Executive by the Treasurer can be delegated to a second delegate (paragraph 53(1)(a)); and

•

clarify that a delegated "power or function, when exercised or performed by the second delegate, is taken for the purposes of this Act to have been exercised or performed by the ... Treasurer" (subsection 53(1A)).

736. This amendment aligns arrangements for delegations by the Treasurer with the arrangements that apply to the Finance Minister in these provisions.

737. Item 116 amends subsection 53(2) by:

•

including a new subsection (2) to require that a Chief Executive, when "subject to directions in relation to the exercise of a power or function delegated to the Chief Executive" by the Finance Minister or the Treasurer, "must give corresponding directions to the second delegate";

•

replacing the existing subsection (2) as subsection (3). The provision requires the second delegate to "comply with any directions of the Chief Executive".

738. The proposed amendment to subsection 53(2) will align the provision with the second sentence of subsection 78(9) of the Public Service Act 1999.

Membership of Advisory Committees on act of grace payments and debt waivers

739. Section 59 of the FMA Act contains outdated references to the "Department of Finance" and the "Department of Administrative Services". Subsection 59(2) currently provides for the Department of Administrative Services to be the third member of an Advisory Committee in the circumstances outlined in the paragraph immediately below.

740. Items 117 and 118 amend paragraph 59(1)(b) and subsection 59(2) respectively to:

•

replace the references to the "Department of Finance" with "Department of Finance and Administration";

•

provide for the third member of an Advisory Committee to be "a Chief Executive nominated by the Finance Minister" in circumstances where there is no Agency responsible for the matter, or the responsible Agency is one of the other two members of the Committee (that is, the Department of Finance and Administration or the Australian Customs Service).

Items 119 to 123 - Fisheries Administration Act 1991

Transfer of approval powers from the Treasurer to the Finance Minister

741. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

742. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 120 amends subsection 83(2). The subsection provides that "except with the written approval of the Treasurer, the [Australian Fisheries Management] Authority must not borrow money so that the total amount borrowed at any time exceeds $500,000".

•

Items 121 and 122 amend subsections 84(1) and 84(2) respectively. The subsections provide for the Treasurer to guarantee "the performance by the Authority of obligations incurred by it under section 83" (subsection 84(1).

Delegation power for the Finance Minister

743. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

744. Item 123 adds subsections 88A(1) and (2). Subsection 88A(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under sections 83 or 84 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or part of an Agency. Subsection 88A(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

Definition of Finance Minister

745. Item 119 amends subsection 4(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Item 124 - Health Insurance Commission Act 1973

Background

746. Subsection 36(1) provides that the Health Insurance Commission "may, with the written approval of the Finance Minister borrow money from the Commonwealth or from persons other than the Commonwealth".

Delegation power for the Finance Minister

747. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

748. Item 124 adds subsection 36(4) to provide the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997), that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

Items 125 to 129 - High Court of Australia Act 1979

Transfer of approval power from the Treasurer to the Finance Minister

749. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

750. Section 39 of the Act provides for the Treasurer to approve the High Court investing money not immediately required (other than moneys held on trust and moneys appropriated by Parliament and paid for the purposes of the High Court) in any manner other than "(a) on deposit with an ADI [authorised deposit-taking institution]; [or] (b) in securities of the Commonwealth".

751. Item 127 amends paragraph 39(2)(c) to transfer an approval power from the Treasurer to the Finance Minister by replacing the reference to "Treasurer" with "Finance Minister".

Delegation power for the Finance Minister

752. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

753. Item 128 adds subsection 39(3) to provide the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or is part of an Agency. The subsection provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

754. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

755. Items 126 and 129 amend the identified provisions by replacing the references to "Minister for Finance" with "Finance Minister".

756. Item 125 amends subsection 4(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 130 to 134 - Maritime College Act 1978

Transfer of approval powers from the Treasurer to the Finance Minister

757. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

758. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 131 amends subsection 36(1). The subsection provides that the Australian Maritime College (the College) "may, with the written approval of the Treasurer (a) borrow money; or (b) raise money otherwise than by borrowing."

•

Items 132 and 133 amend subsections 37(1) and 37(2), respectively. The subsections provide for the Treasurer to guarantee the repayment of borrowing, the payment of interest, and payments in relation to money raised other than by borrowing by the College.

Delegation power for the Finance Minister

759. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

760. Item 134 replaces section 37C. The section provides the Treasurer with a delegation power "to a person occupying an office in the Department of the Treasury". The replacement provisions are:

•

Subsection (1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 36 or 37 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person to a person who is in an Agency or is part of an Agency.

•

Subsection (2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

Definition of Finance Minister

761. Item 130 amends section 4 by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Item 135 - Native Title Act 1993

Duties of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Account

762. Item 135 amends section 206 by adding a new subsection (2) to clarify that the duties of the Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund include examination of the annual report of the Indigenous Land Corporation prepared under section 9 of the CAC Act. This amendment reinstates the arrangement that applied prior to the amendments to the Aboriginal and Torres Strait Islander Commission Act 1989 that were a consequence of the commencement of the CAC Act on 1 January 1998.

Items 136 to 141 - Norfolk Island Act 1979

Transfer of approval powers from the Treasurer to the Finance Minister

763. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

764. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 138 amends subsection 50(1). The subsection provides that the Administration or government of the Norfolk Island Territory (the Administration) or a Territory authority "may, with the approval of the Treasurer (a) borrow money otherwise than from the Commonwealth; or (b) raise money otherwise than by borrowing."

•

Items 139 and 140 amend subsections 50A(1) and 50A(2) respectively. The subsections provide for the Treasurer to guarantee the repayment of borrowing, the payment of interest, and payments in respect of money raised otherwise than by borrowing by the Administration.

Delegation power for the Finance Minister

765. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

766. Item 141 replaces section 50D. The section provides the Treasurer with the power to delegate "to a person holding or performing the duties of an office in the Department of the Treasury". It is replaced with two subsections as follows:

•

Subsection (1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions, under section 50 or 50A to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency.

•

Subsection (2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

767. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

768. Item 137 amends section 49 by replacing the references to "Minister for Finance" with "Finance Minister".

769. Item 136 amends subsection 4(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 142 to 145 - Northern Prawn Fishery Voluntary Adjustment Scheme Loan Guarantee Act 1985

Transfer of approval power from the Treasurer to the Finance Minister

770. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

771. Items 143 and 144 amend subsection 5(1) and section 6, respectively, to transfer an approval power from the Finance Minister by replacing references to "Treasurer" with "Finance Minister".

772. Subsection 5(1) provides for the Treasurer to guarantee the repayment of amounts borrowed by the Queensland Fisheries Management Authority (the Authority), for specified purposes, and the payment of interest on the borrowing. Section 6 sets a financial limit on borrowing that can be guaranteed by the Treasurer.

Delegation power for the Finance Minister

773. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

774. Item 145 adds subsections 7(1) and (2) as follows:

•

Subsection 7(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 5 or 6 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency.

•

Subsection 7(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

Definition of Finance Minister

775. Item 142 amends section 3 to provide a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 146 to 150 - Northern Territory (Lessees' Loans Guarantee) Act 1954

Transfer of approval power from the Treasurer to the Finance Minister

776. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

777. Items 146, 147 and 148 amend subsections 4(1), (2) and (3), respectively, to transfer an approval power from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister".

778. Subsection 4(1) provides for the Treasurer to guarantee the repayment of a loan made by an authorised deposit-taking institution to an eligible person.

779. An eligible person is defined in section 3 as "the holder of a pastoral homestead lease or an agricultural lease granted under an Ordinance of the Northern Territory of Australia relating to Crown lands, but does not include a company".

780. Subsections 4(2) and (3) specify details relating to the guarantee provided by the Treasurer.

781. Item 150 repeals section 5. The section provides the Treasurer with the power to delegate "to a person all of any of his powers or functions under this Act".

Delegation power for the Finance Minister and definition of Finance Minister

782. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

783. Item 149 adds subsections 4(4) and 4(5):

•

Subsection 4(4) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997"), that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 4(5) includes a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

784. Item 149 also replaces, by means of a Note, the heading of section 4, "Treasurer may guarantee loans", with "Finance Minister may guarantee loans".

Items 151 to 156 - Primary Industries and Energy Research and Development Act 1989

Transfer of approval powers from the Treasurer to the Finance Minister

785. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

786. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 153 amends subsection 42(1). The subsection provides that "an R & D Corporation23 may, with the written approval of the Treasurer, borrow money from persons other than the Commonwealth".

•

Items 154 and 155 amend subsections 43(1) and (2) respectively. The subsections provide for the Treasurer to guarantee "the performance by an R & D Corporation of obligations incurred by it under section 42" (subsection 43(1).

Delegation power for the Finance Minister

787. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

788. Item 156 adds subsections 46A(1) and (2) as follows:

•

Subsection 46A(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 42 or 43 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency.

•

Subsection 46A(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

789. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

790. Item 152 amends section 41 by replacing the references to "Minister for Finance" with "Finance Minister".

791. Item 151 amends subsection 4(1) by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 157 to 161 - Safety, Rehabilitation and Compensation Act 1988

Transfer of approval powers from the Treasurer to the Finance Minister

792. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

793. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 159 amends subsection 95(1). The subsection provides that "Comcare may, with the written approval of the Treasurer, borrow money otherwise than from the Commonwealth".

•

Item 160 amends subsection 95(3). The subsection provides that "The Treasurer may guarantee the repayment by Comcare of the amounts borrowed under this section and the payment of interest on such amounts".

Delegation power for the Finance Minister

794. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

795. Item 161 adds subsection 95(6). Subsection 95(6) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

796. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

797. Item 157 amends subsection 91(2) by replacing the reference to "Minister for Finance" with "Finance Minister".

798. Items 158 and 161 add subsections 91(5) and 95(7), respectively, to insert a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 162 to 168 - Special Broadcasting Service Act 1991

Transfer of approval powers from the Treasurer to the Finance Minister

799. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

800. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 165 amends subsection 60(1). The subsection provides that the Special Broadcasting Service Corporation "may, with the written approval of the Treasurer, borrow money from persons other than the Commonwealth".

•

Items 166 and 167 amend subsections 61(1) and 61(2) respectively. The subsections provide for the Treasurer to guarantee "the performance by the SBS [Special Broadcasting Service Corporation] of obligations incurred by it under section 60" (subsection 61(1).

Delegation power for the Finance Minister

801. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

802. Item 168 replaces section 64. The section provides the Treasurer with the power to delegate to "a person performing the duties of an office in the Department of the Treasury".

803. The replacement for subsection 64(1) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under section 60 or 61 to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is to a person who is in an Agency or is part of an Agency.

804. The replacement subsection 64(2) provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

References to "Minister for Finance"

805. A general explanation of amendments that replace references to "Minister for Finance" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

806. Items 163 and 164 amend the identified provisions by replacing references to "Minister for Finance" with "Finance Minister".

807. Item 162 amends section 3 by inserting a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 169 to 171 - Stevedoring Industry Finance Committee Act 1977

Transfer of approval powers from the Treasurer to the Finance Minister

808. A general explanation of amendments that transfer approval powers from the Treasurer to the Finance Minister is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

809. The following items transfer approval powers from the Treasurer to the Finance Minister by replacing references to "Treasurer" with "Finance Minister":

•

Item 169 amends subsection 20(1). The subsection provides that the Stevedoring Industry Finance Committee (the Committee) "may, with the approval of the Treasurer, borrow moneys".

•

Item 170 amends subsection 20(3). The subsection provides that the Treasurer may "guarantee the repayment by the Committee of amounts borrowed under this section and the payment of interest on amounts so borrowed".

Delegation power for the Finance Minister and definition of Finance Minister

810. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

811. Item 171 adds subsections 20(5) and 20(6) as follows:

•

Subsection 20(5) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

•

Subsection 20(6) provides a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Items 172 and 173 - Sydney Harbour Federation Trust Act 2001

Background

812. Section 62 provides that the Sydney Harbour Federation Trust "may, with the approval of the Minister for Finance and Administration, borrow money from the Commonwealth, or persons other than the Commonwealth".

Delegation power for the Finance Minister

813. A general explanation of amendments that provide the Finance Minister with a delegation power is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

814. Item 173 adds subsections 62(2) and (3). Subsection 62(2) provides the Finance Minister with a power to "delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997)", that is a person who is in an Agency or is part of an Agency. The subsection also provides that "in exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister".

Reference to "Minister for Finance and Administration"

815. A general explanation of amendments that replace references to "Minister for Finance" or "Minister for Finance and Administration" with "Finance Minister" is provided under the Section VI of this Explanatory Memorandum under the heading "Overview of Amendments Proposed in Schedule 2 of the FFLA Bill".

816. Item 172 amends section 62 by replacing the reference to "Minister for Finance and Administration" with "Finance Minister".

817. Item 173 adds subsection 62(3) which provides a definition of the Finance Minister as "the Minister who administers the Financial Management and Accountability Act 1997".

Item 174 - Saving provision - provisions that formerly referred to the Treasurer

818. Item 174 provides that any thing done by the Treasurer, under a provision amended in Schedule 2, before the commencement of the amended provision, continues to have effect after the commencing time as if it had been done by the Finance Minister.