Public Governance, Performance and Accountability Act 2013

CHAPTER 4 - RULES, DELEGATIONS AND INDEPENDENT REVIEW  

PART 4-1A - OTHER INSTRUMENTS  

Division 4 - Instruments relating to intelligence or security agencies or listed law enforcement agencies  

SECTION 105D   INSTRUMENTS RELATING TO INTELLIGENCE OR SECURITY AGENCIES OR LISTED LAW ENFORCEMENT AGENCIES  

105D(1)    
This section applies in relation to an activity (the designated activity ) determined under subsection (2) of the following entities:

(a)    an intelligence or security agency that is a Commonwealth entity;

(b)    a listed law enforcement agency that is a Commonwealth entity;

(c)    a Commonwealth entity of which a part is an intelligence or security agency.

Determination of designated activities

105D(2)    
The responsible Minister for a Commonwealth entity referred to in subsection (1) may, by written instrument, determine that an activity of the entity is a designated activity if the Minister is satisfied that the activity is engaged in for the purposes of:

(a)    for paragraph (1)(a) or (b) - the entity; or

(b)    for paragraph (1)(c) - the part of the entity.

Determination modifying this Act and other instruments

105D(3)    
The Finance Minister may determine, by written instrument, modifications of the following in relation to a designated activity of a Commonwealth entity:

(a)    Part 2-3 (which deals with planning, performance and accountability);

(b)    Part 2-4 (which deals with the management of public resources);

(c)    Part 2-7 (which deals with companies, subsidiaries and new corporate Commonwealth entities);

(d)    Chapter 3 (which deals with Commonwealth companies);

(e)    any other provision of this Act prescribed by the rules;

(f)    the rules;

(g)    an instrument made under section 105B or 105C (which deal with procurement and grants).

Note:

Modifications is defined in section 2B of the Acts Interpretation Act 1901 .

105D(4)    
A determination under subsection (3) that relates to a Commonwealth entity may also include:

(a)    a delegation of a power, function or duty under section 107 to an official of the entity; and

(b)    any direction to the official under that section.

Review of determinations

105D(5)    
A determination under subsection (2) or (3) must be reviewed:

(a)    at least once every 3 years; or

(b)    if the activities of the entity change significantly.

Determinations not legislative instruments

105D(6)    
A determination under subsection (2) or (3) is not a legislative instrument.