FINANCIAL FRAMEWORK LEGISLATION AMENDMENT ACT 2005

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 142G, 144X, 153 or 183 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Aboriginal Land Rights (Northern Territory) Act 1976

11 Section 33

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

12 At the end of section 33

Add:

(2) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

(3) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Agricultural and Veterinary Chemicals (Administration) Act 1992

13 Section 4

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

14 Section 59

Omit "Minister for Finance", substitute "Finance Minister".

15 Paragraph 60(a)

Omit "Minister for Finance", substitute "Finance Minister".

16 Subsection 63(2)

Omit "Treasurer", substitute "Finance Minister".

17 Subsection 64(1)

Omit "Treasurer", substitute "Finance Minister".

18 Subsection 64(2)

Omit "Treasurer", substitute "Finance Minister".

19 At the end of Part 7

Add:

69AA Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 63 or 64 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

20 Section 72

Repeal the section.

Albury - Wodonga Development Act 1973

21 Section 3 (definition of approved bank )

Omit "Treasurer", substitute "Finance Minister".

22 Section 3

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

23 Subsection 24(2)

Omit "Minister for Finance", substitute "Finance Minister".

24 Paragraph 26(1)(b)

Omit "Treasurer", substitute "Finance Minister".

25 Subsection 26(3)

Omit "Treasurer", substitute "Finance Minister".

26 Paragraph 28(2)(c)

Omit "Treasurer", substitute "Finance Minister".

27 After section 31A

Insert:

31B Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 3 (definition of approved bank ), 26 or 28 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

28 Paragraph 32(a)

Omit "Minister for Finance", substitute "Finance Minister".

Australian Broadcasting Corporation Act 1983

29 Section 3

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

30 Subsection 25B(5) (definition of proposed borrowing or raising of money )

Omit "Treasurer", substitute "Finance Minister".

31 Subsection 67(2)

Omit "Minister for Finance", substitute "Finance Minister".

32 Subsection 70A(1)

Omit "Minister for Finance", substitute "Finance Minister".

33 Subsection 70A(2)

Omit "Minister for Finance", substitute "Finance Minister".

34 Subsection 70B(1)

Omit "Treasurer", substitute "Finance Minister".

35 Subsection 70B(6)

Omit "Treasurer", substitute "Finance Minister".

36 Subsection 70C(1)

Omit "Treasurer", substitute "Finance Minister".

37 Subsection 70C(2)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

38 Section 70F

Repeal the section.

39 At the end of Part VI

Add:

71A Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 70B or 70C to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Australian Film Commission Act 1975

40 Subsection 6(2)

Omit "Treasurer", substitute "Finance Minister".

41 Paragraph 6(4)(b)

Omit "Treasurer", substitute "Finance Minister".

42 At the end of section 6

Add:

(7) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

(8) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Australian Hearing Services Act 1991

43 Subsection 4(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

44 Subsection 51(2)

Omit "Minister for Finance", substitute "Finance Minister".

45 Section 54

Omit "Minister for Finance", substitute "Finance Minister".

46 Subsection 55(1)

Omit "Treasurer's", substitute "Finance Minister's".

47 Subsection 56(1)

Omit "Treasurer", substitute "Finance Minister".

48 Subsection 56(2)

Omit "Treasurer", substitute "Finance Minister".

49 Section 58

Repeal the section.

50 At the end of Part 6

Add:

63B Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 55 or 56 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Australian Maritime Safety Authority Act 1990

51 Subsection 41(1)

Omit "Treasurer", substitute "Finance Minister".

52 Subsection 41(2)

Omit "Treasurer", substitute "Finance Minister".

53 Subsection 41(5)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

54 At the end of section 41

Add:

(6) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

(7) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

55 Section 43

Repeal the section.

Australian National University Act 1991

56 Subsection 44(2)

Omit "Treasurer", substitute "Finance Minister".

57 At the end of section 44

Add:

(3) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

(4) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Australian Nuclear Science and Technology Organisation Act 1987

58 Subsection 3(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

59 Subsection 27(2)

Omit "Minister for Finance", substitute "Finance Minister".

60 Section 32

Omit "Minister for Finance", substitute "Finance Minister".

61 Subsection 33(1)

Omit "Treasurer", substitute "Finance Minister".

62 Subsection 33(3)

Omit "Treasurer", substitute "Finance Minister".

63 Subsection 34(1)

Omit "Treasurer", substitute "Finance Minister".

64 Subsection 34(2)

Omit "Treasurer", substitute "Finance Minister".

65 Subsection 34(3)

Omit "Treasurer", substitute "Finance Minister".

66 At the end of Part VII

Add:

36A Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 33 or 34 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

67 Section 43

Repeal the section.

Australian Prudential Regulation Authority Act 1998

68 Subsection 53(2)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

69 At the end of section 53

Add:

(4) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Australian Trade Commission Act 1985

70 Subsection 79(1)

Omit "Treasurer", substitute "Finance Minister".

71 At the end of section 79

Add:

(5) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

(6) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Commonwealth Authorities and Companies Act 1997

72 Subsection 6(1)

Omit ", other than offences against provisions of Division 4 of Part 3".

73 Paragraph 18(3)(d)

Omit "Treasurer", substitute "Finance Minister".

74 After subsection 18(4)

Insert:

(4A) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

75 Subsection 27C(4)

Repeal the subsection, substitute:

(4) A person commits an offence if:

(a) such a disqualification is in force against the person; and

(b) the person is a director of a Commonwealth authority.

Maximum penalty: Imprisonment for 1 year.

(4A) However, the person has an excuse if the person is a director of a Commonwealth authority with the leave of the Court.

Note: A defendant bears an evidential burden in relation to the matter in subsection ( 4A), see subsection 13.3(3) of the Criminal Code .

76 Subsection 27C(5)

Omit " subsection ( 4)", substitute " subsection ( 4A)".

77 Subsection 27C(6)

After "contravene", insert "such".

78 Subsection 27C(6)

Omit "imposed under subsection ( 5)".

Co - operative Farmers and Graziers Direct Meat Supply Limited (Loan Guarantee) Act 1978

79 Section 3

Repeal the section, substitute:

3 Definitions

In this Act, unless the contrary intention appears:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

"Society" means the Co - operative Farmers and Graziers Direct Meat Supply Limited.

80 Subsection 4(1)

Omit "Treasurer", substitute "Finance Minister".

81 Section 5

Omit "Treasurer" (first occurring), substitute "Finance Minister".

82 Paragraph 5(b)

Omit "Treasurer", substitute "Finance Minister".

83 Paragraph 5(c)

Omit "Treasurer", substitute "Finance Minister".

84 Paragraph 5(d)

Omit "Treasurer", substitute "Finance Minister".

Defence Housing Authority Act 1987

85 Subsection 3(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

86 Paragraph 8(5)(c)

Omit "Treasurer", substitute "Finance Minister".

87 Subsection 33(2)

Omit "Minister for Finance", substitute "Finance Minister".

88 Section 36

Omit "Minister for Finance" (wherever occurring), substitute "Finance Minister".

89 Subsection 37(1)

Omit "Treasurer", substitute "Finance Minister".

90 Subsection 38(1)

Omit "Treasurer", substitute "Finance Minister".

91 Subsection 38(2)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

92 Subsection 41(2)

Omit "Treasurer", substitute "Finance Minister".

93 Subsection 41(3)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

94 Subsection 41(4)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

95 Subsection 41(7)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

96 Section 42

Repeal the section.

97 After section 66

Insert:

66A Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 8, 37, 38 or 41 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Export Finance and Insurance Corporation Act 1991

98 Subsection 3(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

99 Subsection 54(1)

Omit "Minister for Finance", substitute "Finance Minister".

100 Subsection 54(3)

Omit "Minister for Finance", substitute "Finance Minister".

101 Section 58

Omit "Minister for Finance" (wherever occurring), substitute "Finance Minister".

102 Subsection 59(1)

Omit "Treasurer", substitute "Finance Minister".

103 At the end of section 59

Add:

(4) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under this section to an official (within the meaning of the Financial Management and Accountability Act 1997 ). In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

104 Subsection 65(4)

Omit "Minister for Finance", substitute "Finance Minister".

105 Subsection 65(8)

Omit "Treasurer", substitute "Finance Minister".

106 Subsection 65(10)

Omit "Minister for Finance", substitute "Finance Minister".

107 Subsection 66(4)

Omit "Minister for Finance", substitute "Finance Minister".

108 Subsection 66(8)

Omit "Treasurer", substitute "Finance Minister".

109 Subsection 66(10)

Omit "Minister for Finance", substitute "Finance Minister".

110 Paragraph 66A(4)(b)

Omit "Treasurer", substitute "Finance Minister".

111 Subsection 66A(6)

Omit "Minister for Finance", substitute "Finance Minister".

112 Subsection 66A(7)

Omit "Minister for Finance", substitute "Finance Minister".

Financial Management and Accountability Act 1997

113 Paragraph 53(1)(a)

After "62", insert "or 62A".

114 Subsection 53(1A)

After "62", insert "or 62A".

115 Subsection 53(1A)

After "Minister", insert "or Treasurer".

116 Subsection 53(2)

Repeal the subsection, substitute:

(2) If the Chief Executive is subject to directions in relation to the exercise of a power or function delegated to the Chief Executive under section 62 or 62A, the Chief Executive must give corresponding directions to the second delegate.

(3) The second delegate must comply with any directions of the Chief Executive.

117 Paragraph 59(1)(b)

Omit "Department of Finance", substitute "Department of Finance and Administration".

118 Subsection 59(2)

Repeal the subsection, substitute:

(2) If there is no Agency responsible for the matter, or if the responsible Agency is the Department of Finance and Administration or the Australian Customs Service, then the third member of the Committee is to be a Chief Executive nominated by the Finance Minister.

Fisheries Administration Act 1991

119 Subsection 4(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

120 Subsection 83(2)

Omit "Treasurer", substitute "Finance Minister".

121 Subsection 84(1)

Omit "Treasurer", substitute "Finance Minister".

122 Subsection 84(2)

Omit "Treasurer", substitute "Finance Minister".

123 At the end of Division 8 of Part 2

Add:

88A Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under sections 83 and 84 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Health Insurance Commission Act 1973

124 At the end of section 36

Add:

High Court of Australia Act 1979

125 Subsection 4(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

126 Subsection 35(2)

Omit "Minister for Finance", substitute "Finance Minister".

127 Paragraph 39(2)(c)

Omit "Treasurer", substitute "Finance Minister".

128 At the end of section 39

Add:

129 Subsection 47(1)

Omit "Minister for Finance", substitute "Finance Minister".

Maritime College Act 1978

130 Section 4

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

131 Subsection 36(1)

Omit "Treasurer", substitute "Finance Minister".

132 Subsection 37(1)

Omit "Treasurer", substitute "Finance Minister".

133 Subsection 37(2)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

134 Section 37C

Repeal the section, substitute:

37C Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 36 or 37 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Native Title Act 1993

135 At the end of section 206

Add:

(2) In paragraph ( 1)(c), the reference to an annual report prepared under Part 4A of the Aboriginal and Torres Strait Islander Commission Act 1989 includes a reference to a report of the Indigenous Land Corporation referred to in subsection 193K(2) of that Act.

Norfolk Island Act 1979

136 Subsection 4(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

137 Section 49

Omit "Minister for Finance" (wherever occurring), substitute "Finance Minister".

138 Subsection 50(1)

Omit "Treasurer", substitute "Finance Minister".

139 Subsection 50A(1)

Omit "Treasurer", substitute "Finance Minister".

140 Subsection 50A(2)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

141 Section 50D

Repeal the section, substitute:

50D Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 50 or 50A to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Northern Prawn Fishery Voluntary Adjustment Scheme Loan Guarantee Act 1985

142 Section 3

Repeal the section, substitute:

3 Definitions

In this Act, unless the contrary intention appears:

"Authority" means the Queensland Fisheries Management Authority constituted by the Fisheries Act 1994 of Queensland.

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

143 Subsection 5(1)

Omit "Treasurer", substitute "Finance Minister".

144 Section 6

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

145 At the end of the Act

Add:

7 Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 5 or 6 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Northern Territory (Lessees' Loans Guarantee) Act 1954

146 Subsection 4(1)

Omit "Treasurer" (wherever occurring), substitute "Finance Minister".

147 Subsection 4(2)

Omit "Treasurer", substitute "Finance Minister".

148 Subsection 4(3)

Omit "Treasurer", substitute "Finance Minister".

149 At the end of section 4

Add:

(5) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Note: The heading to section 4 is altered by omitting " Treasurer " and substituting " Finance Minister ".

150 Section 5

Repeal the section.

Primary Industries and Energy Research and Development Act 1989

151 Subsection 4(1)

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

152 Section 41

Omit "Minister for Finance" (wherever occurring), substitute "Finance Minister".

153 Subsection 42(1)

Omit "Treasurer", substitute "Finance Minister".

154 Subsection 43(1)

Omit "Treasurer", substitute "Finance Minister".

155 Subsection 43(2)

Omit "Treasurer", substitute "Finance Minister".

156 At the end of Division 5 of Part 2

Add:

46A Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 42 or 43 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Safety, Rehabilitation and Compensation Act 1988

157 Subsection 91(2)

Omit "Minister for Finance", substitute "Finance Minister".

158 At the end of section 91

Add:

(5) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

159 Subsection 95(1)

Omit "Treasurer", substitute "Finance Minister".

160 Subsection 95(3)

Omit "Treasurer", substitute "Finance Minister".

161 At the end of section 95

Add:

(7) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Special Broadcasting Service Act 1991

162 Section 3

Insert:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

163 Subsection 56(2)

Omit "Minister for Finance", substitute "Finance Minister".

164 Section 59

Omit "Minister for Finance", substitute "Finance Minister".

165 Subsection 60(1)

Omit "Treasurer", substitute "Finance Minister".

166 Subsection 61(1)

Omit "Treasurer", substitute "Finance Minister".

167 Subsection 61(2)

Omit "Treasurer", substitute "Finance Minister".

168 Section 64

Repeal the section, substitute:

64 Delegation by Finance Minister

(1) The Finance Minister may, by written instrument, delegate any of the Finance Minister's powers or functions under section 60 or 61 to an official (within the meaning of the Financial Management and Accountability Act 1997 ).

(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Finance Minister.

Stevedoring Industry Finance Committee Act 1977

169 Subsection 20(1)

Omit "Treasurer", substitute "Finance Minister".

170 Subsection 20(3)

Omit "Treasurer", substitute "Finance Minister".

171 At the end of section 20

Add:

(6) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

Sydney Harbour Federation Trust Act 2001

172 Section 62

Omit "Minister for Finance and Administration", substitute "Finance Minister".

173 At the end of section 62

Add:

(3) In this section:

"Finance Minister" means the Minister who administers the Financial Management and Accountability Act 1997 .

174 Saving provision--provisions that formerly referred to the Treasurer

(1) Any thing that:

(a) was done by the Treasurer, or by a delegate of the Treasurer, before the commencing time under an affected provision; and

(b) was in effect immediately before the commencing time;

continues to have effect after the commencing time as if it had been done by the Finance Minister under the affected provision.

(2) In this item:

affected provision means a provision that is amended by an item in this Schedule so as to replace references to the Treasurer with references to the Finance Minister.

commencing time means the day this Act receives the Royal Assent.

Finance Minister means the Minister who administers the Financial Management and Accountability Act 1997 .

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