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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 02 Sep 2022
Start Date 09 Aug 2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Payment Times Reporting (Treasury) Delegation 2021

made under the Payment Times Reporting Act 2020

Compilation No. 1

Compilation date:         9 August 2022

Includes amendments up to:               Payment Times Reporting (Treasury) Amendment Delegation 2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

        

This compilation

This is a compilation of the Payment Times Reporting (Treasury) Delegation 2021 that shows the text of the law as amended and in force on 9 August 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 


Contents

Part 1—Preliminary                                                                                                      1

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

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

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

Part 2—Delegations                                                                                                       2

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

Schedule 1—Delegations                                                                     3

Endnotes                                                                                                                         6

Endnote 1—About the endnotes                                                                               6

Endnote 2—Abbreviation key                                                                                   7

Endnote 3—Legislation history                                                                                 8

Endnote 4—Amendment history                                                                               9

 


Part 1Preliminary

  

1  Name

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

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

(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

2

subsection 13(4) of the Act

extension of time to give a report

(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

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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Payment Times Reporting (Treasury) Delegation 2021

14 July 2021 (F2021N00160)

15 July 2021

Payment Times Reporting (Treasury) Amendment Delegation 2022

8 August 2022 (F2022N00178)

9 August 2022

Endnote 4—Amendment history

 

Provision affected

How affected

section 2

rep LA s 48D

Schedule 1

 

table item 1

am F2022N00178

table item 2

am F2022N00178