New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) General delegation power The Treasurer may delegate any of the Treasurer's delegable functions (except functions concerning the giving of Treasurer's directions or functions under Division 9.1) to--(a) another Minister, or(b) the accountable authority for the Treasury, or(c) a government officer (or a government officer of a kind) of the Treasury, or(d) any other entity (or an entity of a kind) prescribed by the regulations.
(2) Delegations concerning Treasurer's directions The Treasurer may delegate any of the Treasurer's delegable functions concerning the giving of Treasurer's directions to--(a) the accountable authority for the Treasury, or(b) a Treasury senior executive (or a Treasury senior executive of a kind).
(3) Delegations concerning functions under Division 9.1 The Treasurer may delegate any of the Treasurer's delegable functions under Division 9.1 to--(a) another Minister, or(b) the accountable authority for the Treasury.
(4) Subdelegations A delegate of the Treasurer may subdelegate a delegated function as follows to a permitted subdelegate for the kind of delegate concerned--
Kind of delegate Permitted subdelegates 1 Other Minister Person (or a person of a kind) authorised by the Treasurer in the Minister's instrument of appointment as a delegate 2 Delegate authorised by the Treasurer in the delegate's instrument of appointment as a delegate to subdelegate a function concerning the giving of Treasurer's directions and the function concerns the giving of those directions Treasury senior executive (or a Treasury senior executive of a kind) 3 Accountable authority for the Treasury Any of the following--(a) a government officer (or a government officer of a kind) of the Treasury,(b) any other entity (or an entity of a kind) prescribed by the regulations 4 Government officer of the Treasury Any of the following--(a) another government officer (or another government officer of a kind) of the Treasury,(b) any other entity (or an entity of a kind) prescribed by the regulations 5 Entity (or an entity of a kind) prescribed for the purposes of subsection (1) (d) Entity (or an entity of a kind) prescribed by the regulations as an entity to which the delegate can subdelegate
(5) A subdelegate may subdelegate a Treasurer's delegable function in the same way as a delegate may subdelegate the function under subsection (4).
(6) Despite subsections (4) and (5), the following Treasurer's delegable functions cannot be subdelegated--(a) a function excluded from subdelegation by the delegate's or subdelegate's instrument of appointment as a delegate or subdelegate,(b) a function concerning the giving of Treasurer's directions unless authorised by the Treasurer in the delegate's instrument of appointment as a delegate,(c) a function of the Treasurer under Division 9.1.
(7) Definitions In this section--
"Treasurer's delegable function" means--(a) any function that is conferred or imposed on the Treasurer by or under this Act (including in respect of consultations), or(b) any function of the Treasurer under a financial arrangement to which the Treasurer or the State is a party (regardless of how it is conferred or imposed),but does not include--(c) any function that is conferred or imposed on the Treasurer 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), or(d) any function that is conferred or imposed on the Treasurer 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, or(e) any function of the Treasurer that is a separate GSF agency delegable function in relation to a separate GSF agency.
"Treasury senior executive" means a government officer of the Treasury who is a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 ).