Commonwealth Consolidated Acts

PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY ACT 2013 - SECT 110

When a ccountable authority may delegate

  (1)   The accountable authority of a non - corporate Commonwealth entity may, by written instrument, delegate to an official of a non - corporate Commonwealth entity any powers , functions or duties under this Act or the rul es, including :

  ( a )   this power to delegate in relation to powers , functions and duties conferred directly by this Act or the rules on the accountable authority ; and

  (b)   powers, functions or duties that have been delegated by the Finance Minister to the accountable authority under subsection   107(1).

  (2)   However, the accountable authority of a non - corporate Commonwealth entity may not delegate any of the accountable authority's powers, functions or duties under :

  (a)   Subdivision A of Division   2 of Part   2 - 2 (which is about the general duties of accountable authorities) ; or

  (aa)   section   20A (which is about accountable authority instructions); or

  (b)   section   21 (which is about the application of government policy to non - corporate Commonwealth entities); or

  (c )   section   35 (which is about corporate plans for Commonwealth entities); or

  (d )   section   37 , 38 or 39 (which has requirements relating to performance of Commonwealth entities); or

  (e )   section   41 , 42 or 43 (which has requirements relating to accounts and financial statements of Commonwealth entities ).

D irections given by the accountable authority about delegation

  (3 )   If:

  (a)   the accountable authority of a non - corporate Commonwealth entity delegates a power , function or duty to a person (the delegate ) ; and

  (b)   the power , function or duty is not one that has been delegated by the Finance Minister to the accountable authority under sub section   107 (1) ;

then the accountable authority may give written directions to the delegate in relation to the exercise of that power , th e performance of that function or the discharge of that duty .

  (4 )   The delegate must comply with any directions given under subsection   ( 3 ) .

Subdelegation of Finance Minister's delegation

  ( 5 )   If the accountable authority of a non - corporate Commonwealth entity delegates to a person (the second delegate ) a power , function or duty that has been delegated by the Finance Minister to the accountable authority under sub section   107 (1) , then that power , function or duty , when exercised , performed or discharged by the second delegate, is taken for the purposes of this Act and the rules to have been exercised , performed or discharged by the Finance Minister.

  (6 )   If the accountable authority of a non - corporate Commonwealth entity is subject to directions in relation to the exercise of a power, the performance of a function or the discharge of a duty , delegated by the Finance Minister to the accountable authority under sub section   107 (1) , then:

  (a)   the accountable authority must give corresponding written directions to the second delegate; and

  (b)   the accountable authority may give other written directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power , the performance of that function or the discharge of that duty .

  (7 )   The second delegate must comply with any directions of the accountable authority .