Federal Register of Legislation - Australian Government

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Payment Times Reporting (Treasury) Delegation 2021

Authoritative Version
This instrument delegates certain functions and powers of the Payment Times Reporting Regulator to officials in the Department of the Treasury who are made available to the Regulator to support the Regulator to administer the Payment Times Reporting Scheme.
Administered by: Treasury
Registered 14 Jul 2021

 

Payment Times Reporting (Treasury) Delegation 2021

I, Mary Jeffries, Payment Times Reporting Regulator, make the following delegations.

Dated 12 July 2021

 

Mary Jeffries

Payment Times Reporting Regulator
Assistant Secretary, Payment Performance Branch
Small and Family Business Division
Department of the Treasury

 

  

  

  


Contents

Part 1—Preliminary                                                                                                      1

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

Part 2—Delegations                                                                                                       2

5  Delegations............................................................................................................................... 2

Schedule 1—Delegations                                                                     1

 


Part 1Preliminary

  

1  Name

                   This instrument is the Payment Times Reporting (Treasury) Delegation 2021.

2  Commencement

             (1)  Each provision of this 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.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

 

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 Payment Times Reporting Act 2020.

4  Definitions

Note:       Expressions have the same meaning in this instrument as in the Payment Times Reporting Act 2020 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

             (1)  In this instrument:

EL2 employee means an APS employee who has been allocated an Executive Level 2 classification.

functions or powers means the functions or powers of the Regulator under the provisions of the Act or the Rules specified in the table in Schedule 1 (as affected by subsection (2)).

the Act means the Payment Times Reporting Act 2020.

the Rules means the Payment Times Reporting Rules 2020.

             (2)  Any reference to functions or powers in this instrument includes anything incidental or conducive to the performance of those functions or powers.

Part 2Delegations

  

5  Delegations

             (1)  Under section 27(1) of the Act, each item of the table in Schedule 1:

                     (a)  specifies a function or power that is delegated to the person or persons referred to in that item in the table (being the persons for the time being holding, acting or performing the duties of the respective offices or positions in the Department of the Treasury that are specified); and

                     (b)  sets out any limitation on the delegation covered in that item in the table; and

                     (c)  sets out any direction the delegate must comply with in exercising powers, or performing functions delegated in that item in the table.


Schedule 1Delegations

  

Note:  See section 5.

 

Item

Function or power

Description of the function or power

Delegates

Limitations

Directions

1

subsection 7(3) of the Act

ceasing to be a reporting entity

(a) SES employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

2

subsection 13(4) of the Act

extension of time to give a report

(a) SES employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

3

subsections 14(6) and (7) of the Act

form and manner for giving report

(a) SES employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

4

subsection 17(1) of the Act

Payment Times Reports Register

(a) SES employee

(b) EL2 employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

5

section 18 of the Act

registration of payment times reports

(a) SES employee

(b) EL2 employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

6

subsection 19(3) of the Act

registration of revised payment times reports

(a) SES employee

(b) EL2 employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

7

section 20 of the Act

decision not to publish certain information

(a) SES employee

(b) EL2 employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

8

section 21 of the Act

decision not to publish payment times reports for volunteering entities that fail to comply with Act

(a) SES employee

(b) EL2 employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

9

subsection 22(1) of the Act

publication of information about failure to comply with Act

(a) SES employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

10

subsection 30(2) of the Act

compliance audits

(a) SES employee

the delegate may only exercise the function or power if delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act

none

11

section 53 of the Act

reconsideration of reviewable decision

(a) SES employee

the delegate may only exercise the function or power if:

(a) the delegate has been made available to the Regulator to assist the Regulator in the performance of their functions or powers under the Act; and

(b) the delegate was not involved in, or consulted in, the making of the reviewable decision; and

(c) the delegate has the same, or a higher, classification as the original decision‑maker

none

Note:       The description of the function or power in the table are to assist readers only. They are not intended to affect the interpretation nor limit the function or power referred to in the table.