Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Scott Morrison MP)Chapter 6 - Miscellaneous
Summary of new law
6.1 Part 6 of the Bill sets out delegations, the requirement for a review of the operation of the Act, and the rule making power.
Detailed explanation of new law
Delegation by NHFIC
6.2 To promote the efficient operation of the Act and to ensure timely administration, the NHFIC is empowered to delegate all or any of its functions under the Act, in writing under seal, to a Board member or to the CEO. [Subclause 53(1)]
6.3 The Board member or CEO to whom powers are delegated must comply with any directions of the NHFIC in exercising any powers or functions under the delegation. [Subclause 53(2)]
Delegation by Board
6.4 The Board may, in writing, delegate to a Board member or the CEO any of its powers or functions under this Act. [Subclause 54(1)]
6.5 In exercising any powers or performing any functions under the delegation, the delegate must comply with any directions of the Board. [Subclause 54(2)]
Delegation and subdelegation by CEO
6.6 The CEO may, in writing, delegate to a senior member of the staff employed by the NHFIC any of the CEO's powers or functions under this Act. [Subclause 55(1)]
6.7 If the NHFIC or the Board delegates a power or function to the CEO, the CEO may, in writing, subdelegate the power or function to a senior member of the staff of the NHFIC. [Clause 45 and subclauses 53(1) and 54(1)]
6.8 In exercising any powers or performing any functions under the delegation or subdelegation, the delegate or subdelegate must comply with any directions of the CEO. [Subclause 55(3)]
6.9 Allowing the delegation of powers or functions to a senior staff who would undertake the tasks concerned is a normal administrative arrangement.
6.10 Sections 34AA, 34AB and 34A of the Acts Interpretation Act apply in relation to a subdelegation in a corresponding way to the way in which they apply in relation to a delegation.
[Subclause 55(4)]
Review of operation
6.11 The Minister must cause a review of the operation of this Act to be undertaken as soon as possible after the period of three years of its commencement and the persons undertaking the review must give the Minister a written report of the review. [Subclauses 57(1) and (2)]
6.12 The Minister must table a copy of the report of the review in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister. [Subclause 57(3)]
Rules
6.13 The Minister may, by legislative instrument, make rules prescribing matters:
- •
- required or permitted by this Act to be prescribed by the rules; or
- •
- convenient to be prescribed for carrying out or giving effect to this Act.
[Subclause 58(1)]
6.14 The rules may not:
- •
- create an offence or civil penalty;
- •
- provide powers of:
- -
- arrest or detention; or
- -
- entry, search or seizure;
- •
- impose a tax;
- •
- set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act; or
- •
- directly amend the text of the Act.
[Subclause 58(2)]
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
