FCE to CEs Small Agency Delegation 2009

							Financial Management and Accountability
(Finance Chief Executive to other
Departmental Chief Executives – Small
Agency Monitoring) Delegation 2009
I, IAN JAMES WATT, Secretary of the Department of Finance and Deregulation,
make this Delegation under section 53 (1) (a) of the Financial Management and
Accountability Act 1997 and Regulation 25 of the Financial Management and
Accountability Regulations 1997.

Dated        27 March 2009




I J Watt
Chief Executive of the Department of Finance and Deregulation
Contents




                                                                                   Page


Contents
Part 1             Preliminary                                                       3
1                  Name of Delegation                                                3
2                  Commencement                                                      3
3                  Revocation of predecessor                                         3
4                  Purpose                                                           3
5                  Definitions                                                       3

Part 2             Delegations and directions under section 53 of
                   the Act                                                           4
6                  Delegations (section 53 of the Act)                               4
7                  Directions (section 53 of the Act)                                4

Part 3             Delegations and directions under Regulation 25                    5
8                  Delegations (Regulation 25)                                       5
9                  Directions (Regulation 25)                                        5
Schedule 1         Delegations under the Act                                         6
Part 1             Delegation under section 44A (1) (b) of the Act – Keeping
                   responsible Minister and Finance Minister informed                6
Division 1         Delegation                                                        6
Division 2         Directions                                                        6
Part 2             Delegation under section 50 of the Act – Additional financial
                   statements                                                        7
Division 1         Delegation                                                        7
Division 2         Directions                                                        7
Schedule 2         Delegations under the Regulations                                 8
Part 1             Delegation under Regulation 22D – To request budget estimates     8
Division 1         Delegation                                                        8
Division 2         Directions                                                        8




2            Financial Management and Accountability (Finance Chief Executive to
                other Departmental Chief Executives – Small Agency Monitoring)
                                       Delegation 2009
                                                                    Preliminary              Part 1




Part 1          Preliminary

1        Name of Delegation
         This Delegation is the Financial Management and Accountability (Finance
         Chief Executive to other Departmental Chief Executives – Small Agency
         Monitoring) Delegation 9.

2        Commencement
         This Delegation commences upon signature.

3        Revocation of predecessor
         The Financial Management and Accountability (Finance Chief Executive to
         other Departmental Chief Executives – Small Agency Monitoring)
         Delegation 2007 made on 6 August 2007 is revoked.
         Note: An amendment that revokes a particular provision in this Delegation does not
         invalidate a power or function exercised, or a document issued, by the delegate before that
         provision was revoked.

4        Purpose
         This Delegation provides Departmental Chief Executives with the authority
         to request financial statements and budget estimates, from small agencies
         within their portfolio.

5        Definitions
         In this Delegation, unless otherwise stated:
         Act means the Financial Management and Accountability Act 1997.
         Finance Chief Executive means the Chief Executive of the Department of
         Finance and Deregulation.
         material agency means an Agency that comprises 99 per cent of assets,
         liabilities, revenues and expenses of the Commonwealth, as determined
         from time to time by the Department of Finance and Deregulation.
         Regulations means the Financial Management and Accountability
         Regulations 1997.
         Departmental Chief Executive means the Chief Executive of a Department
         of State other than the Department of Finance and Deregulation.
         relevant small agency means a prescribed Agency that is not a material
         agency and that is in the portfolio of the delegate’s Minister.
         Note: Unless the contrary intention appears, expressions used in this Delegation have the
         same meanings as in the Act (see Acts Interpretation Act 1901, subsection 46 (1) (b)).




            Financial Management and Accountability (Finance Chief Executive to                  3
               other Departmental Chief Executives – Small Agency Monitoring)
                                      Delegation 2009
Part 2




Part 2               Delegations and directions under section 53 of the
                     Act

6            Delegations (section 53 of the Act)
         (1) Delegations under Schedule 1 are made under subsection 53 (1) of the Act.
         (2) The delegates for the purposes of subsection 53 (1) of the Act are the
             persons for the time being holding, occupying or performing the duties of a
             Departmental Chief Executive.
         (3) The delegates are delegated the function or power of the Finance Minister
             under the provision of the Act mentioned in row 1 of the relevant table.
         Note: Under section 62 of the Act, the Finance Minister has delegated to the Finance Chief
         Executive (among other things) the Finance Minister’s powers and functions under section 50 of
         the Act.

7            Directions (section 53 of the Act)
         (1) Directions in Schedule 1 are made under subsection 53 (2) of the Act.
         (2) Each delegation made in Schedule 1 is subject to the directions contained in
             Division 2 of the relevant Part of Schedule 1.




4                Financial Management and Accountability (Finance Chief Executive to
                   other Departmental Chief Executives – Small Agency Monitoring)
                                          Delegation 2009
                                                                                 Part 3




Part 3        Delegations and directions under Regulation 25

8        Delegations (Regulation 25)
    (1) Delegations in Schedule 2 are made under subregulation 25 (1) of the
        Regulations.
    (2) The delegates for the purposes of subregulation 25 (1) of the Regulations
        are the persons for the time being holding, occupying or performing the
        duties of a Departmental Chief Executive.
    (3) Each delegate is delegated, in relation to the delegate’s Agency, the
        function or power of the Finance Minister under the provisions of the
        Regulation mentioned in row 1 of the relevant table.

9        Directions (Regulation 25)
    (1) Directions in Schedule 2 are made under subregulation 25 (2) of the
        Regulations.
    (2) Each delegation made in Schedule 2 is subject to the directions contained in
        Division 2 of the relevant Part of Schedule 2.




           Financial Management and Accountability (Finance Chief Executive to       5
              other Departmental Chief Executives – Small Agency Monitoring)
                                     Delegation 2009
Schedule 1         Delegations under the Act
Part 1             Delegations under section 44A (1) (b) of the Act – Keeping responsible Minister
                   and Finance Minister informed




Schedule 1 Delegations under the Act

Part 1            Delegation under section 44A (1) (b) of the Act –
                  Keeping responsible Minister and Finance
                  Minister informed
Division 1      Delegation


1   Provision of Act                        Section 44A (1) (b)
2   Summary of function or power            To require reports, documents and information in
                                            relation to the financial affairs of relevant small
                                            agencies
3   Delegates                               Departmental Chief Executives


Division 2      Directions

1.01     Purpose of delegation
         To require Chief Executives of relevant small agencies to provide reports,
         documents and information in relation to the financial affairs of that agency.

1.02     Matters that must be considered
         In exercising this Delegation, the delegate must have regard to the
         obligation on a Chief Executive, under section 44 of the Act, to promote the
         efficient, effective and ethical use of Commonwealth resources that is not
         inconsistent with the policies of the Commonwealth.




6               Financial Management and Accountability (Finance Chief Executive to
                   other Departmental Chief Executives – Small Agency Monitoring)
                                          Delegation 2009
                                                      Delegations under the Act     Schedule 1
         Delegation under section 50 of the Act – Additional financial statements       Part 2




Part 2           Delegation under section 50 of the Act –
                 Additional financial statements
Division 1      Delegation


1   Provision of Act                       Section 50
2   Summary of function or power           To require additional financial statements from
                                           relevant small agencies
3   Delegates                              Departmental Chief Executives


Division 2      Directions

2.01     Purpose of delegation
         To require Chief Executives of relevant small agencies to provide additional
         financial statements.

2.02     Matters that must be considered
         In exercising this Delegation, the delegate must have regard to the
         obligation on a Chief Executive, under section 44 of the Act, to promote the
         efficient, effective and ethical use of Commonwealth resources that is not
         inconsistent with the policies of the Commonwealth.




             Financial Management and Accountability (Finance Chief Executive to             7
                other Departmental Chief Executives – Small Agency Monitoring)
                                       Delegation 2009
Schedule 2         Delegations under the Regulations
Part 1             Delegations under Regulation 22D – To request budget estimates




Schedule 2 Delegations under the Regulations

Part 1            Delegation under Regulation 22D – To request
                  budget estimates
Division 1      Delegation


1   Provision of Regulations               Regulation 22D
2   Summary of function or power           To request budget estimates
3   Delegates                              Departmental Chief Executives


Division 2      Directions

1.01     Purpose of delegation
         To request budget estimates from Chief Executives of relevant small
         agencies, in the form specified by the Finance Chief Executive under
         Regulation 22D.

1.02     Matters that must be considered
         In exercising this Delegation, the delegate must have regard to the
         obligation on a Chief Executive, under section 44 of the Act, to promote the
         efficient, effective and ethical use of Commonwealth resources that is not
         inconsistent with the policies of the Commonwealth.




8               Financial Management and Accountability (Finance Chief Executive to
                   other Departmental Chief Executives – Small Agency Monitoring)
                                          Delegation 2009