New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 3.3

3.3 Application of Treasurer's directions

(1) Subject to subsection (2), the Treasurer's directions do not apply to any of the following--

(a) a Minister (even if the Minister falls within a GSF agency of a kind to which the directions otherwise apply),

(b) a university or any of its controlled entities,

(c) any GSF agency, government officer or accountable authority for a GSF agency (or a GSF agency, government officer or accountable authority of a kind) prescribed by the regulations.

(2) Subsection (1) does not prevent the application of Treasurer's directions to--

(a) a Minister for the purposes of provisions of Part 6 that are applicable to Ministers, or

(b) a university or any of its controlled entities for the purposes of provisions of Divisions 7.2 and 7.3 that are applicable to universities and their controlled entities.

Note : Section 6.1 provides that, for purposes of Part 6, each Minister (except the Treasurer) is to be treated as both a GSF agency and the accountable authority for the agency.
Similarly, sections 7.4 and 7.10 provide that, for the purposes of Divisions 7.2 and 7.3 respectively, a university and its controlled entitles are to be treated as GSF agencies.

(3) To avoid doubt, the Treasurer's directions can apply to a Minister's delegate even though they do not apply to the Minister because of subsection (1) (a).

(4) A provision of the Treasurer's directions may be limited in its application to a particular GSF agency, but only if the provision is included with the consent of the responsible Minister for the agency.

(5) However, a provision of the Treasurer's directions cannot be limited in its application to a particular government officer or accountable authority for a GSF agency.

(6) Subsections (4) and (5) do not prevent the giving of Treasurer's directions to kinds of GSF agencies, government officers or accountable authorities for GSF agencies unless the kind consists of a single agency, officer or authority.