Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 (62 of 2014)

Schedule 2   Amendment of the Financial Management and Accountability Act 1997

Part 1   Amendments

Financial Management and Accountability Act 1997

18   Sections 32D and 32E

Repeal the sections, substitute:

32D Minister or accountable authority may delegate powers

Delegation by a Minister

(1) A Minister may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non-corporate Commonwealth entity.

Note: An accountable authority may delegate a power delegated under this section (see section 32DA).

(2) In exercising powers under a delegation, the delegate must comply with any directions of the Minister concerned.

Delegation by an accountable authority

(3) An accountable authority of a non-corporate Commonwealth entity may, by writing, delegate any or all of his or her powers under section 32B or 32C to an official of any non-corporate Commonwealth entity.

(4) In exercising powers under a delegation, the delegate must comply with any directions of the accountable authority concerned.

32DA Accountable authority may sub-delegate powers

(1) An accountable authority of a non-corporate Commonwealth entity may, by writing, delegate to an official (the second delegate ) of any non-corporate Commonwealth entity powers and functions that have been delegated to the accountable authority by a Minister under section 32D.

(2) The 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 Minister.

(3) If the accountable authority is subject to directions in relation to the exercise of a power, or the performance of a function, delegated to the accountable authority under section 32D, then:

(a) the accountable authority must give corresponding directions to the second delegate; and

(b) the accountable authority may give other directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power or the performance of that function.

(4) The second delegate must comply with any directions of the accountable authority.

32DB Relationship with section 23 of the Public Governance, Performance and Accountability Act 2013

Section 23 of the Public Governance, Performance and Accountability Act 2013 (which deals with the power of accountable authorities in relation to arrangements and commitments) does not authorise the accountable authority of a non-corporate Commonwealth entity to exercise, on behalf of the Commonwealth, a power conferred on the Commonwealth by section 32B of this Act.