Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023

I, Steven Kennedy, Secretary to the Department of the Treasury, make the following instrument.

Dated   27 February 2023

Dr Steven Kennedy

Secretary
Department of the Treasury

Contents

Part 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Definitions

Part 2—Delegations and authorisations relating to the Royal Australian Mint

5  Delegation under the Australian Public Service Commissioner’s Directions 2022

6  Authorisation under the Fair Work Regulations 2009

7  Sub-delegation under the Governance of Australian Government Superannuation Schemes Act 2011

8  Delegation under the Long Service Leave (Commonwealth Employees) Act 1976

9  Delegation under the Maternity Leave (Commonwealth Employees) Act 1973

10  Appointments under the Public Interest Disclosure Act 2013

11  Delegation under the Public Service Act 1999

12  Delegation under the Public Service Classification Rules 2000

13  Delegation under the Public Service Regulations 1999

14  Delegation under the Safety, Rehabilitation and Compensation Act 1988

Part 3—Revocation of previous delegations, authorisations and appointments

15  Revocations

Part 1—Preliminary

1  Name

  This instrument is the Treasury Portfolio Governance (Royal Australian Mint) Instrument 2023.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under the following:

 (a) Australian Public Service Commissioner’s Directions 2022; and

 (b) Fair Work Regulations 2009; and

 (c) Governance of Australian Government Superannuation Schemes Act 2011; and

 (d) Long Service Leave (Commonwealth Employees) Act 1976; and

 (e) Maternity Leave (Commonwealth Employees) Act 1973; and

 (f) Public Interest Disclosure Act 2013; and

 (g) Public Service Act 1999; and

 (h) Public Service Classification Rules 2000; and

 (i) Public Service Regulations 1999; and

 (j) Safety, Rehabilitation and Compensation Act 1988.

4  Definitions

  In this instrument:

CEO, in relation to the RAM, means the SES employee, or acting SES employee, holding, occupying or performing the duties of the Chief Executive Officer of the RAM.

RAM means the Royal Australian Mint.

Treasury means the Department of the Treasury.

Part 2—Delegations and authorisations relating to the Royal Australian Mint

5  Delegation under the Australian Public Service Commissioner’s Directions 2022

 (1) Under subsection 69(1) of the Australian Public Service Commissioner’s Directions 2022, the CEO of the RAM is delegated all of the Secretary to the Treasury’s powers or functions under that instrument.

 (2) Under subsection 69(5) of the Australian Public Service Commissioner’s Directions 2022, a delegate under subsection (1) is directed to exercise the powers or functions in a manner consistent with all of the following:

 (a) a power or function must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power or function must not be exercised with respect to any matter which may benefit the delegate in their personal capacity.

6  Authorisation under the Fair Work Regulations 2009

  Under item 2 in the table in Schedule 6.3 to the Fair Work Regulations 2009, the CEO of the RAM is authorised as the employing authority of employees employed under the Public Service Act 1999 (other than SES employees or acting SES employees) that are holding or occupying positions, or performing duties, within the RAM.

7  Sub-delegation under the Governance of Australian Government Superannuation Schemes Act 2011

 (1) Under subsection 36(5) of the Governance of Australian Government Superannuation Schemes Act 2011, the CEO of the RAM is sub-delegated the powers of the Commonwealth Superannuation Corporation under the following provisions:

 (a) subsections 11(1), 13(1) and 14(1) of the Superannuation Act 1976; and

 (b) regulations 6, 8E, 10 and 15 of the Superannuation (CSS) Salary Regulations 1978; and

 (c) the definition of “partial contributor” in section 3 of the Superannuation Act 1976 as modified by the Schedule to the Superannuation (CSS) Approved Part-time Employees Regulations.

Note: The delegation of the above powers to accountable authorities by the Commonwealth Superannuation Corporation is contained in the Governance of Australian Government Superannuation Schemes Act 2011 (Commonwealth Superannuation Corporation to non-CSC employers) Delegation made on 18 November 2021.

 (2) A sub-delegate under subsection (1) is directed to exercise the powers in a manner consistent with all of the following:

 (a) a power must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power must not be exercised with respect to any matter which may benefit the sub-delegate in their personal capacity.

8  Delegation under the Long Service Leave (Commonwealth Employees) Act 1976

 (1) Under subsection 9(1) of the Long Service Leave (Commonwealth Employees) Act 1976, the CEO of the RAM is delegated all of the Secretary to the Treasury’s powers or functions under that Act.

 (2) Under subsection 9(4) of the Long Service Leave (Commonwealth Employees) Act 1976, a delegate under subsection (1) is directed to exercise the powers or functions in a manner consistent with all of the following:

 (a) a power or function must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power or function must not be exercised with respect to any matter which may benefit the delegate in their personal capacity.

9  Delegation under the Maternity Leave (Commonwealth Employees) Act 1973

 (1) Under subsection 11(1) of the Maternity Leave (Commonwealth Employees) Act 1973, the CEO of the RAM is delegated all of the Secretary to the Treasury’s powers or functions under that Act.

 (2) Under subsection 11(4) of the Maternity Leave (Commonwealth Employees) Act 1973, a delegate under subsection (1) is directed to exercise the powers or functions in a manner consistent with all of the following:

 (a) a power or function must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power or function must not be exercised with respect to any matter which may benefit the delegate in their personal capacity.

10  Appointments under the Public Interest Disclosure Act 2013

  Under section 36 of the Public Interest Disclosure Act 2013, each person holding, occupying or performing the duties of each of the following offices or positions in the RAM, is appointed as an authorised officer for the purposes of that Act:

 (a) the CEO;

 (b) the Senior Legal Officer;

 (c) the Director, Human Resources;

 (d) if an office or position covered by a preceding paragraph ceases to exist or is renamed—all of the offices or positions with similar functions or responsibilities.

11  Delegation under the Public Service Act 1999

 (1) Under subsection 78(7) of the Public Service Act 1999, the CEO of the RAM is delegated all of the Secretary to the Treasury’s powers or functions under that Act (other than powers under section 73 of that Act).

 (2) Under subsection 78(11) of the Public Service Act 1999, a delegate under subsection (1) is directed to exercise the powers or functions in a manner consistent with all of the following:

 (a) a power or function must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power or function must not be exercised with respect to any matter which may benefit the delegate in their personal capacity;

 (c) a power of function must only be exercised in a manner consistent with any direction issued by the Prime Minister, Public Service Minister or Australian Public Service Commissioner, under the Public Service Act 1999, to which the Secretary to the Treasury is subject.

12  Delegation under the Public Service Classification Rules 2000

 (1) Under subrule 13(1) of the Public Service Classification Rules 2000, the CEO of the RAM is delegated all of the Secretary to the Treasury’s powers or functions under that instrument.

 (2) Under subrule 13(6) of the Public Service Classification Rules 2000, a delegate under subsection (1) is directed to exercise the powers or functions in a manner consistent with all of the following:

 (a) a power or function must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power or function must not be exercised with respect to any matter which may benefit the delegate in their personal capacity.

13  Delegation under the Public Service Regulations 1999

 (1) Under subregulation 9.3(3) of the Public Service Regulations 1999, the CEO of the RAM is delegated all of the Secretary to the Treasury’s powers or functions under that instrument.

 (2) Under subregulation 9.3(8) of the Public Service Regulations 1999, a delegate under subsection (1) is directed to exercise the powers or functions in a manner consistent with all of the following:

 (a) a power or function must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power or function must not be exercised with respect to any matter which may benefit the delegate in their personal capacity;

 (c) a power of function must only be exercised in a manner consistent with any direction issued by the Prime Minister, Public Service Minister or Australian Public Service Commissioner, under the Public Service Act 1999, to which the Secretary to the Treasury is subject.

14  Delegation under the Safety, Rehabilitation and Compensation Act 1988

 (1) Under section 41A of the Safety, Rehabilitation and Compensation Act 1988, the CEO of the RAM is delegated all of the Secretary to the Treasury’s powers or functions as a rehabilitation authority under sections 36 and 37 of that Act.

 (2) A delegate under subsection (1) is directed to exercise the powers or functions in a manner consistent with all of the following:

 (a) a power or function must only be exercised with respect to employees holding or occupying positions, or performing duties, within the RAM;

 (b) a power or function must not be exercised with respect to any matter which may benefit the delegate in their personal capacity.

 (3) Each person holding, occupying or performing the duties of each of the following offices or positions in the RAM, is authorised to give a written notice to Comcare under subsection 114A(1) of the Safety, Rehabilitation and Compensation Act 1988 for and on behalf of the Secretary:

 (a) the CEO;

 (b) the Director, Human Resources;

 (c) if an office or position covered by a preceding paragraph ceases to exist or is renamed—all of the offices or positions with similar functions or responsibilities.

Part 3—Revocation of previous delegations, authorisations and appointments

15  Revocations

 (1) All previous delegations, authorisations and appointments to the CEO of the RAM, or any other person holding, occupying or performing the duties of an office or position in the RAM, under an Act or instrument referred to in Part 2, are revoked.

 (2) To avoid doubt, subsection (1) does not affect any appointment of a person as the CEO of the RAM.