New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 9.7

9.7 Delegable functions

(1) Each of the following is a
"delegable function" --

(a) a function that is conferred or imposed on a person or other entity by or under this Act (including in respect of consultations),

(b) a function that is conferred or imposed on a person or other entity by or under this Act or any other legislation (including an annual Appropriation Act) regarding the expenditure of money (including out of the Consolidated Fund),

(c) a function of a person or other entity under a financial arrangement to which the person or other entity is a party (regardless of how it is conferred or imposed),

(d) a function that is conferred or imposed on a person or other entity by or under this Act or any other legislation to make payments for a use or purpose from an SDA account or statutory special purpose fund.

Note : For example, the authority given to a Minister by an annual Appropriation Act to expend money forming part of the Consolidated Fund is a delegable function covered by paragraph (b). Section 5.2 enables a Minister to impose terms and conditions on the delegation or subdelegation of that function and requires the delegate or subdelegate to exercise the function in accordance with those terms and conditions.

(2) A
"separate GSF agency delegable function" of a Minister in relation to a separate GSF agency is each of the following kinds of delegable functions of the Minister--

(a) a function that is conferred or imposed on the Minister by or under this Act or any other legislation (including an annual Appropriation Act) regarding the expenditure of money (including out of the Consolidated Fund) for or in respect of the services of the agency,

(b) any other function conferred or imposed on the Minister by or under this Act that is exercisable in respect of the agency.

Note : For example, paragraph (a) covers both appropriations given to a Minister for the services of a specific separate GSF agency or appropriations given for the services of a cluster or other grouping of agencies to which a separate GSF agency belongs.

(3) However, each of the following are not
"delegable functions" --

(a) a function under another provision of this Act if a provision of this Act apart from this Division makes express provision for the persons or other entities to whom the function can be delegated,

(b) a power of delegation or subdelegation conferred by this Division,

(c) any other function of a kind prescribed by the regulations.