Authorisation

(by an accountable authority) A means of devolving authority. There are two types of authorisation – express (provided in statute) and implied (not provided in statute).

 

Express authorisation provides authority to an official to exercise an express statutory power, and to act on that power in their own right.

 

Implied authorisation devolves authority without exercising an express statutory power of delegation (that is, the statutory power remains with the authorising official). Authorised officials only act for and on behalf of the person issuing the authorisation — they do not operate in their own right. In performing the specified task or function, they are required to think and act as though they were the person who gave the authorisation and comply with any conditions attached to the authorisation. The person who issued the authorisation continues to be responsible for the particular task or function as though they actually carried it out and remains accountable for any decisions and actions in exercising the relevant power.

 

(by the Finance Minister or Treasurer)Under the PGPA Act the Finance Minister or Treasurer may authorise an investment:

    • on behalf of the Commonwealth in accordance with section 58
    • by a corporate Commonwealth entity in accordance with section 59.

An authorisation under section 58 or 59 of the PGPA Act is a legislative instrument that is not disallowable.


Did you find this content useful?