80A Minister of Finance instructions

(1)

Subject to the provisions of this Act and of any regulations made under this Act, the Minister may issue instructions under subsection (3) for all or any of the purposes referred to in that subsection, rather than recommend the making of regulations under section 81.

(2)

In deciding whether to issue instructions under subsection (3) rather than recommend the making of regulations under section 81, the Minister must have regard to only—

(a)

the importance of the instructions, including whether the instructions have a material effect on the rights and interests of individuals:

(b)

the subject matter of the instructions, including whether the instructions contain detailed or technical matters rather than matters of general principle:

(c)

the application of the instructions, including whether the instructions apply principally to a particular group rather than to the general public.

(3)

The Minister may issue instructions,—

(a)

for all or any of the purposes specified in section 81(1)(ac) or (ba), to—

(i)

a department; or

(ia)

a departmental agency; or

(ii)

an Office of Parliament; or

(iii)

a Schedule 4 organisation; or

(iv)

a Schedule 4A company; and

(b)

for all or any of the purposes specified in section 81(1)(a), (b), or (c), to an entity referred to in section 27(3)(a) to (f).

(4)

A chief executive of a department, a departmental agency, an Office of Parliament, a Schedule 4 organisation, a Schedule 4A company, or any other entity referred to in section 27(3) must comply with any instructions issued under this section to the extent that the instructions apply to that department, departmental agency, Office, organisation, company, or entity.

(5)

Any instructions issued under this section for the purposes of section 81(1)(ba) must be consistent, in the opinion of the Minister, with generally accepted accounting practice and any reporting standard imposed by or under any other Act, to the extent that those matters are relevant to those instructions.

(6)

Instructions issued under this section are a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(7)

The Minister must notify the instructions in the Gazette, and publish them on the Internet, as soon as practicable after issuing them.

Section 80A: inserted, on 25 January 2005, by section 25 of the Public Finance Amendment Act 2004 (2004 No 113).

Section 80A(3)(a)(ia): inserted, on 18 July 2013, by section 47(1) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 80A(3)(a)(iii): replaced, on 18 July 2013, by section 47(2) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 80A(3)(a)(iv): inserted, on 18 July 2013, by section 47(2) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 80A(4): replaced, on 18 July 2013, by section 47(3) of the Public Finance Amendment Act 2013 (2013 No 50).

Section 80A(6): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).