Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies in relation to an activity (the designated activity ) determined under subsection (2) of the following entities:
(a) an intelligence or security agency that is a Commonwealth entity;
(b) a listed law enforcement agency that is a Commonwealth entity;
(c) a Commonwealth entity of which a part is an intelligence or security agency.
Determination of designated activities
(2) The responsible Minister for a Commonwealth entity referred to in subsection (1) may, by written instrument, determine that an activity of the entity is a designated activity if the Minister is satisfied that the activity is engaged in for the purposes of:
(a) for paragraph (1)(a) or (b)--the entity; or
(b) for paragraph (1)(c)--the part of the entity.
Determination modifying this Act and other instruments
(3) The Finance Minister may determine, by written instrument, modifications of the following in relation to a designated activity of a Commonwealth entity:
(a) Part 2 - 3 (which deals with planning, performance and accountability);
(b) Part 2 - 4 (which deals with the management of public resources);
(c) Part 2 - 7 (which deals with companies, subsidiaries and new corporate Commonwealth entities);
(d) Chapter 3 (which deals with Commonwealth companies);
(e) any other provision of this Act prescribed by the rules;
(f) the rules;
(g) an instrument made under section 105B or 105C (which deal with procurement and grants).
Note: Modifications is defined in section 2B of the Acts Interpretation Act 1901 .
(4) A determination under subsection (3) that relates to a Commonwealth entity may also include:
(a) a delegation of a power, function or duty under section 107 to an official of the entity; and
(b) any direction to the official under that section.
Review of determinations
(5) A determination under subsection (2) or (3) must be reviewed:
(a) at least once every 3 years; or
(b) if the activities of the entity change significantly.
Determinations not legislative instruments
(6) A determination under subsection (2) or (3) is not a legislative instrument.