251811_NI_TSY-48_1073_Delegations_Business_Grants_Hub_Food_and

This instrument is the Business Grants Hub—Food and Grocery Code Education Program (Treasury) Delegations 2026.

(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Note: This table relates only to the provisions of this instrument as originally made.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 following:

(a) the Public Governance, Performance and Accountability Act 2013; and

(b) the Public Governance, Performance and Accountability Rule 2014.

4 Definitions

Note: Expressions have the same meaning in this instrument as in the Public Governance, Performance and Accountability Act 2013 as relevant and as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.

In this instrument:

DISR means the Department of Industry, Science and Resources.

EL1 employee means an APS employee who has been allocated an Executive Level 1 classification.

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

Finance Minister’s Delegation means the Public Governance, Performance and Accountability (Finance Minister to Accountable Authorities of Non‑Corporate Commonwealth Entities) Delegation 2022.

Food and Grocery Program means the Supporting Fresh Produce Suppliers – Food and Grocery Code Education Program.

PGPA Act means the Public Governance, Performance and Accountability Act 2013.

PGPA Rules means the Public Governance, Performance and Accountability Rule 2014.

Treasury means the Department of the Treasury.

Part 2—Delegations

5 Delegations under the PGPA Act and the PGPA Rule

(1) Under subsection 110(1) of the PGPA Act, the powers and functions of the Secretary to the Treasury set out in subsection (2) are delegated to the DISR officials from time to time holding, occupying or performing the duties of the positions specified in column 1 of an item in the table in Schedule 1, subject to:

(a) if the exercise of these powers involves the commitment or expenditure of money by the Commonwealththe relevant amount not exceeding the amount specified in column 2 of that item; and

(b) if the exercise of these powers involves the recovery of a debt to the Commonwealththe relevant amount owing to the Commonwealth not exceeding the amount specified in column 2 of that item; and

(b) the directions specified in Schedule 2.

Note: Subsection 110(3) of the PGPA Act authorises the imposition of written directions about the exercise of a delegated power by the delegate.

(2) For the purpose of subsection (1), the powers and functions are:

(a) the power under section 23 of the PGPA Act to enter into an arrangement and to approve the commitment of relevant money;

(b) the power under paragraph 63(1)(b) of the PGPA Act to modify the terms and conditions on which an amount owing to the Commonwealth is to be paid to the Commonwealth, which has been delegated to the Secretary to the Treasury under the Finance Minister’s Delegation; and

(c) the functions under section 11 of the PGPA Rule in relation to the recovery of a debt owing to the Commonwealth that relates to the Food and Grocery Program.

Part 3—Revocations

6 Revocation of previous delegations

Any previous delegations of the Secretary to the Department of Treasury’s powers or functions under subsection 110(1) of the PGPA Act, for the purposes of the Food and Grocery Program, and applying to officials (other than Treasury officials) are revoked.

Schedule 1—Delegations

Note: see section 5.

Item	Column 1 Delegates: DISR position	Column 2 Financial limits (in relation to a single grant agreement)
1	SES employee – with responsibility for administering the Food and Grocery Program	Limit of the appropriation available for the purpose of the Program, plus goods and services tax (GST) where applicable
2	EL2 employee – with responsibility for administering the Food and Grocery Program	$2,000,000, plus GST where applicable
3	EL1 employee – with responsibility for administering the Food and Grocery Program	$2,000,000, plus GST where applicable
4	APS employee (other than an employee covered by items 1 to 3) – with responsibility for administering the Food and Grocery Program	$2,000,000, plus GST where applicable

Schedule 2—Directions

Note: see section 5.

(1) The following directions are made for the purpose of subsection 110(3) of the PGPA Act (to the extent that they relate to the exercise of powers under the PGPA Act and the PGPA Rule).

(2) The delegate may only exercise the powers in relation to providing funding for a program that is the Food and Grocery Program.

(3) Prior to exercising any power, the delegate must consult with a relevant official from Treasury about whether it may be appropriate to provide funding to a particular grantee or potential grantee in relation to the Food and Grocery Program.

(4) The delegate must have regard to the advice provided by Treasury in accordance with subsection (3).

(5) The delegate may enter into agreements, or undertake any other steps, reasonably required to implement a decision to provide funding to a particular grantee in relation to the Food and Grocery Program.

(6) A delegate must make a written record of each exercise of a power delegated under this instrument and retain the records on a corporate file.

(7) A delegate must not take an action or exercise a power where it would have the effect of committing funds exceeding the previously agreed funding for a particular grantee in relation to the Food and Grocery Program.

(8) A grant agreement may only be executed where it has been approved in accordance with any relevant grant guidelines.

(9) An application for:

(a) an extension of time; or

(b) a change in project milestones;

likely to result in a need to vary the annual capped amounts for an arrangement must not be approved until a relevant official of the Treasury has first been consulted.

(10) A request to:

(a) terminate an arrangement; or

(b) novate an arrangement;

must not be approved until a relevant official of the Treasury has first been consulted.

(11) A delegate must only exercise the powers delegated by this instrument consistently with their duties.

(12) A delegate must only exercise the power in paragraph 63(1)(b) of the PGPA Act in accordance with relevant directions in the Finance Minister’s Delegation, or any superseding delegation.