Finance Minister’s delegation of powers and functions in PGPA legislation

The Finance Minister has delegated some powers and functions in the PGPA Act to accountable authorities of non-corporate Commonwealth entities (in accordance with s107(1)).

Delegates must comply with the directions in the delegation instruments.

The current delegations are the instruments signed on 30 June 2014. Amendments have been made to the accountable authorities of non-corporate Commonwealth entities delegation instrument in 2015, 2016 and 2017. Amendments have also been made to the Finance Secretary delegation instrument in 2015.

The compilations below include the original delegation instrument and the amendments.

Current delegations

Compilation as at 1 July 2017, incorporating Amendment 2017 (No. 2):

Compilation as at 1 April 2017, incorporating Amendment 2015 (No. 1):

Superseded PGPA delegations

Original and amendment PGPA delegations

Powers and functions in the PGPA Act accountable authorities of non‑corporate Commonwealth entities can delegate

Powers and functions that can be delegated

Accountable authorities of non‑corporate Commonwealth entities can delegate the following powers, functions or duties in the PGPA Act to officials (in accordance with s110(1)(a)):

Section of PGPA ActDescription
23 power to approve commitments, enter into, vary and administer arrangements (including other CRF money arrangements)
24 power to establish advisory boards
36 duty to prepare budget estimates for the entity
45 duty to establish an audit committee for the entity
46 duty to prepare the annual report for the entity
PGPA Rule 10 duty to prevent, detect and deal with fraud
PGPA Rule 11 duty to recover debts

Accountable authorities of non‑corporate Commonwealth entities can subdelegate the following powers in the PGPA Act to officials that are delegated to them by the Finance Minister (in accordance with s110(1)(b), (5) and (6)):

Section of PGPA ActDescription
56 power to use credit cards to borrow
60 power to grant certain indemnities, guarantees or warranties on behalf of the Commonwealth
63 power to modify the terms and conditions for amounts owing to the Commonwealth
66 power to authorise a gift of relevant property
77 power to repay amounts paid to the Commonwealth
PGPA Rule 25 power to authorise the payment of an amount owed to person at time of death

Accountable authorities of certain specified non‑corporate Commonwealth entities can also subdelegate the following powers:

Section of PGPA ActDescription
53 power to conduct banking business outside Australia
58 power to invest relevant money in authorised investments
63 power to waiver of amounts owing to the Commonwealth

Powers, functions and duties that cannot be delegated

The following powers, functions or duties in the PGPA Act cannot be delegated (s110(2)(a)):

Section of PGPA ActDescription
15 duty to govern the entity
16 duty to establish and maintain systems relating to risk and control
17 duty to encourage cooperation with others
18 duty in relation to requirements imposed on others
19 duty to keep responsible Minister and Finance Minister informed
20A power to give written accountable authority instructions
21 duty to govern an entity in a way that is not inconsistent with the policies of the Australian Government
35 duty to prepare corporate plan for the entity
37 duty to have records about performance of the entity
38 duty to measure and assess the performance of the entity
39 duty to prepare annual performance statements for the entity
41 duty to have accounts and records for the entity
42 duty to prepare annual financial statements for the entity
43 duty to include audited annual financial statements in the entity's annual report
PGPA Rule 29(2) duty to ensure any arrangement entered into relating to the receipt, custody or expenditure of other CRF complies with Rule 29(2) (note that this is not a power to enter into other CRF arrangements, the power to enter in other CRF arrangements comes from section 23 and this power can be delegated)

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For more information contact: pmra@finance.gov.au

Last updated: 21 August 2017