Treasury Portfolio Governance (Australian Office of Financial Management) Instrument 2023
made under the Australian Public Service Commissioner’s Directions 2022; Fair Work Regulations 2009; Freedom of Information Act 1982; Governance of Australian Government Superannuation Schemes Act 2011; Long Service Leave (Commonwealth Employees) Act 1976; Maternity Leave (Commonwealth Employees) Act 1973; Public Service Act 1999; Public Service Classification Rules 2000; Public Service Regulations 2023; and the Safety, Rehabilitation and Compensation Act 1988.
Compilation No. 02
Compilation date: 4 October 2023
Includes amendments up to: Freedom of Information (Treasury) Authorisations 2023
About this compilation
This compilation
This is a compilation of the Treasury Portfolio Governance (Australian Office of Financial Management) Instrument 2023 that shows the text of the law as amended and in force on 4 October 2023 (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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Name
3 Authority
4 Definitions
Part 2—Delegations and authorisations relating to the Australian Office of Financial Management
5 Delegation under the Australian Public Service Commissioner’s Directions 2022
6 Authorisation under the Fair Work Regulations 2009
6A Authorisations under the Freedom of Information Act 1982
7 Sub-delegation under the Governance of Australian Government Superannuation Schemes Act 2011
8 Delegation under the Long Service Leave (Commonwealth Employees) Act 1976
9 Delegation under the Maternity Leave (Commonwealth Employees) Act 1973
11 Delegation under the Public Service Act 1999
12 Delegation under the Public Service Classification Rules 2000
13 Delegation under the Public Service Regulations 2023
14 Delegation under the Safety, Rehabilitation and Compensation Act 1988
Part 3—Revocation of previous delegations, authorisations and appointments
15 Revocations
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
This instrument is made under the following:
(a) Australian Public Service Commissioner’s Directions 2022; and
(b) Fair Work Regulations 2009; and
(ba) Freedom of Information Act 1982; and
(c) Governance of Australian Government Superannuation Schemes Act 2011; and
(d) Long Service Leave (Commonwealth Employees) Act 1976; and
(e) Maternity Leave (Commonwealth Employees) Act 1973; and
(g) Public Service Act 1999; and
(h) Public Service Classification Rules 2000; and
(i) Public Service Regulations 2023; and
(j) Safety, Rehabilitation and Compensation Act 1988.
AOFM means the Australian Office of Financial Management.
CEO, in relation to the AOFM, means the SES employee, or acting SES employee, holding, occupying or performing the duties of the Chief Executive Officer of the AOFM.
document of the AOFM means:
(a) the document is in the possession of the AOFM, whether created in the AOFM or received in the AOFM; or
(b) in order to comply with section 6C of the Act, the AOFM has taken contractual measures to ensure that it receives the document.
internal review of an access decision means an internal review of a decision in relation to a request made to the AOFM for access to a document of the AOFM.
Treasury means the Department of the Treasury.
Part 2—Delegations and authorisations relating to the Australian Office of Financial Management
5 Delegation under the Australian Public Service Commissioner’s Directions 2022
6 Authorisation under the Fair Work Regulations 2009
6A Authorisations under the Freedom of Information Act 1982
Access to documents
(1) Under subsection 23(1) of the Freedom of Information Act 1982, each person holding, occupying or performing the duties of each of the following offices or positions in the AOFM, is authorised to make decisions, on behalf of the Secretary to the Treasury, in respect of a request made to the AOFM for access to a document of the AOFM:
(a) the CEO;
(b) the Chief Risk and Assurance Officer;
(c) if an office or position covered by a preceding paragraph ceases to exist or is renamed—all of the offices or positions with similar functions or responsibilities.
(2) However, subsection (1) does not apply in relation to an internal review of an access decision.
Note: Treasury undertakes internal reviews of access decisions of the AOFMsee Freedom of Information (Treasury) Authorisations 2023.
Information publication scheme
(3) Under subsection 10A(1) of the Freedom of Information Act 1982, each person holding, occupying or performing the duties of each of the following offices or positions in the AOFM, is authorised to exercise a function or power given to the Secretary to the Treasury under Part II of that Act, as that function or power relates to the operations of the AOFM:
(a) the CEO;
(b) the Chief Risk and Assurance Officer;
(c) if an office or position covered by a preceding paragraph ceases to exist or is renamed—all of the offices or positions with similar functions or responsibilities.
7 Sub-delegation under the Governance of Australian Government Superannuation Schemes Act 2011
(a) subsections 11(1), 13(1) and 14(1) of the Superannuation Act 1976; and
(b) regulations 6, 8E, 10 and 15 of the Superannuation (CSS) Salary Regulations 1978; and
Note: The delegation of the above powers to accountable authorities by the Commonwealth Superannuation Corporation is contained in the Governance of Australian Government Superannuation Schemes Act 2011 (Commonwealth Superannuation Corporation to non-CSC employers) Delegation made on 18 November 2021.
8 Delegation under the Long Service Leave (Commonwealth Employees) Act 1976
9 Delegation under the Maternity Leave (Commonwealth Employees) Act 1973
11 Delegation under the Public Service Act 1999
12 Delegation under the Public Service Classification Rules 2000
13 Delegation under the Public Service Regulations 2023
14 Delegation under the Safety, Rehabilitation and Compensation Act 1988
(b) the Manager, Human Resources;
Part 3—Revocation of previous delegations, authorisations and appointments
(1) All previous delegations, authorisations and appointments to the CEO of the AOFM, or any other person holding, occupying or performing the duties of an office or position in the AOFM, under an Act or instrument referred to in Part 2, are revoked.
(2) To avoid doubt, subsection (1) does not affect any appointment of a person as the CEO of the AOFM.
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
| 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 not incorp) = misdescribed amendment | Sdiv = Subdivision(s) |
cannot be given effect | SLI = Select Legislative Instrument |
mod = modified/modification | SR = Statutory Rules |
No. = Number(s) | Sub‑Ch = Sub‑Chapter(s) |
| SubPt = Subpart(s) |
| underlining = whole or part not |
| commenced or to be commenced |
Name | Registration | Commencement | Application, saving and transitional provisions |
Treasury Portfolio Governance (Australian Office of Financial Management) Instrument 2023 | 27 February 2023 (F2023N00033) | 28 February 2023 | |
Treasury Portfolio Governance Amendment (2023 Measures No. 1) Instrument 2023 | 12 April 2023 (F2023N00074) | 13 April 2023 | |
Freedom of Information (Treasury) Authorisations 2023 | 3 October 2023 (F2023N00351) | 4 October 2023 | |
Provision affected | How affected |
s2 | rep s48D LA |
s3 s6A s10 | am F2023N00074; am F2023N00351 ad F2023N00351 rep F2023N00351 |
s13 | am F2023N00074 |