Public Service Act 1999

The Governor‑General may do any of the following, by order in the Gazette:

establish or abolish an Executive Agency;

allocate a name to an Executive Agency or the Head of an Executive Agency;

identify the Minister who is responsible for an Executive Agency;

specify the functions of an Executive Agency.

For the purposes of this Act, an Executive Agency consists of the Head of the Agency, together with the APS employees assisting the Head.

When an Executive Agency is established, an office of Head of the Agency is established by force of this subsection. The name of the office is “Head of the [name of Agency]”, unless the office of Head has a different name because of an order under subsection (1).

When an Executive Agency is abolished, the office of Head of the Agency is abolished by force of this subsection.