Unclaimed Money Act 1990

The Treasurer may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to any Minister any functions that are conferred on the Treasurer by this Act other than this power of delegation.

A person holding or acting in the office of Treasurer or a Minister to whom any function has been delegated under subsection (1) may, either generally or as otherwise provided by the instrument of delegation, by writing signed by that person delegate to any officer of the Treasury any functions that are conferred on the Treasurer by this Act other than this power of delegation.

Where a function has been delegated under subsection (2) to the Under Treasurer, the Under Treasurer may authorise another officer of the Treasury to perform the function so delegated.

A delegation under subsection (2) or an authorisation under subsection (3) may be to —

a specified person; or

the person for the time being holding a specified office.

Any act or thing done in the performance of a function by a Minister or by a person to whom that function has been delegated by the Treasurer under subsection (1) or (2), or by a person authorised by the Under Treasurer under subsection (3) to perform that function, has the same force and effect as if it had been done by the Treasurer.

Where the performance of a function by the Treasurer is dependent upon the opinion, belief or state of mind of the Treasurer in relation to a matter and that function has been delegated under subsection (1) or (2), that function may be performed by the delegate, or by a person authorised by the Under Treasurer under subsection (3), upon the opinion, belief or state of mind of the delegate or of the authorised person, as the case may be, in relation to that matter.

The giving of an authorisation under subsection (3) does not prevent the performance of a function by the Under Treasurer.

Where a person purports to perform a function conferred or expressed to be conferred on the Treasurer under this Act, it shall be presumed, unless the contrary is established, that the person is duly authorised by a delegation under subsection (1) or (2), or by an authorisation under subsection (3) given pursuant to such a delegation, to perform the function.

A document purporting to be signed for the purposes of this Act by a Minister, or an officer of the Treasury as a delegate of the Treasurer or the Minister shall be deemed, unless the contrary is established, to have been signed by that person as such a delegate and to have been so signed pursuant to the performance of a function duly delegated by the Treasurer.

A document purporting to be signed for the purposes of this Act by an officer of the Treasury authorised by the Under Treasurer to sign the document shall be deemed, unless the contrary is established, to have been signed by such an officer so authorised and to have been so signed pursuant to the performance of a function that the officer is duly authorised by the Under Treasurer to perform.

Where the Treasurer has delegated a function to a person under this section —

the Treasurer may give directions to the delegate with respect to the performance of that function;

if a Minister has under subsection (2) delegated the performance of that function to an officer of the Treasury, that Minister —

shall if the Treasurer has given a direction to that officer under paragraph (a) with respect to the performance of that function, give a corresponding direction to the officer; and

may, subject to any direction given to the Minister by the Treasurer under paragraph (a), give directions to an officer with respect to the performance of that function;

if the Under Treasurer has under subsection (3) authorised another officer of the Treasury to perform that function, the Under Treasurer —

shall, if the Treasurer has given a direction to that officer under paragraph (a) with respect to the performance of that function, give a corresponding direction to the officer; and

may, subject to any direction given to the Under Treasurer by the Treasurer under paragraph (a), give directions to the officer with respect to the performance of that function.