Business Grants Hub - Australian Small Business Advisory Services - Digital Solutions (Treasury) Delegations 2026

The Business Grants Hub - Australian Small Business Advisory Services - Digital Solutions (Treasury) Delegations 2026 is a notifiable instrument made by the Secretary to the Department of the Treasury. It was made on 16 February 2026, registered on 17 February 2026, and commenced on the day after registration.

Its role is specific. It delegates certain Treasury powers and functions to specified officials in the Department of Industry, Science and Resources, or DISR, for the Australian Small Business Advisory Services Program. In practical terms, it sets out who inside government can make, vary or administer certain arrangements and agreements for the program, and who can deal with some debt-related matters connected with the program.

Just as importantly, this instrument does not create the public-facing grant rules for businesses. It does not set eligibility, assessment criteria, application steps or the amount of funding available in a round. It also does not replace the Grant Opportunity Guidelines for each round of the program. If you are a business owner, adviser or grant recipient, that distinction matters. This instrument explains internal authority and controls. The guidelines and the grant agreement remain the main documents to check for the rules that directly affect applicants and recipients.

The instrument is made under three laws: the Industry Research and Development Act 1986, the Public Governance, Performance and Accountability Act 2013, and the Public Governance, Performance and Accountability Rule 2014.

Under the IR&D Act, the Secretary to the Treasury delegates powers to make, vary or administer an arrangement on behalf of the Commonwealth, and to enter into an agreement with a State, Territory or relevant corporation that sets out the terms and conditions of financial assistance. These are the core powers used to put grant arrangements in place and manage them.

Under the PGPA Act and the PGPA Rule, the instrument delegates certain powers and functions relating to amounts owing to the Commonwealth. The text specifically refers to the power under paragraph 63(1)(b) of the PGPA Act to modify the terms and conditions on which an amount owing to the Commonwealth is to be paid, where that power has already been delegated to the Secretary under the Finance Minister’s Delegation. It also refers to functions under section 11 of the PGPA Rule in relation to recovery of a debt owing to the Commonwealth that relates to the program.

For businesses, the practical point is that this instrument is not only about signing grant agreements. It also supports administration of repayment or debt issues if they arise under the program. But it does not say when a debt will arise, how much may be recoverable, or what a recipient must repay in a particular case. Those issues will usually depend on the grant agreement, the applicable guidelines and the broader law.

The delegates are not all government staff generally. The instrument is limited to officials in DISR who hold, occupy or perform the duties of specified positions and who have responsibility for administering the program.

Schedule 1 lists four delegate levels. A SES Band 1 delegate with responsibility for administering the program can act up to the limit of the appropriation available for the purpose of the program, plus GST where applicable. Executive Level 2, Executive Level 1 and APS Level 6 delegates with responsibility for administering the program each have a financial limit of $8,946,000 plus GST where applicable.

The instrument is explicit that these financial limits are in relation to a single grant agreement. They are not expressed as a cap per applicant across all dealings with government or across the whole program. If you are trying to understand which level of official may approve or manage your matter, focus on the value and nature of the particular grant agreement rather than your business's broader history with government.

Businesses are not delegates under this instrument. Applicants and recipients are affected indirectly because the instrument determines which officials can lawfully take certain actions in relation to their grant arrangements and related debt matters.

Schedule 2 contains the operational directions. These are the practical controls that shape how delegated powers can be used.

First, a delegate may only exercise the powers in relation to providing funding for the program. That narrows the use of the delegation to the program itself.

Second, before exercising any power, the delegate must consult with a relevant Treasury official about whether it may be appropriate to provide funding to a particular grantee or potential grantee in relation to the program. The delegate must then have regard to Treasury's advice. This is a mandatory consultation step built into the delegation framework.

Third, the delegate may enter into agreements or undertake any other steps reasonably required to implement a decision to provide funding to a particular grantee in relation to the program. This supports the practical administration of approved funding decisions.

Fourth, a delegate must make a written record of each exercise of delegated power and retain the records on a corporate file. This creates an audit trail for decisions made under the instrument.

Fifth, a delegate must not take action or exercise a power where it would have the effect of committing funds exceeding the previously agreed funding for a particular grantee in relation to the program. This is an important control for existing recipients seeking changes to their arrangements.

Sixth, a grant agreement may only be executed where it has been approved in accordance with the Grant Opportunity Guidelines. This means the instrument does not override the guidelines. Instead, it expressly ties execution of the agreement back to approval under those guidelines.

There are also specific trigger points for Treasury consultation before approval. An application for an extension of time, or a change in project milestones, likely to result in a need to vary annual capped amounts for an arrangement must not be approved until a relevant Treasury official has first been consulted. The same applies to a request to terminate an arrangement or novate an arrangement.

Finally, delegates must exercise powers consistently with their duties, and any use of the paragraph 63(1)(b) PGPA Act power must be in accordance with relevant directions in the Finance Minister’s Delegation or any superseding delegation.

If you are applying for a grant, this instrument is mostly background law. It helps explain who inside government has authority to deal with your application or agreement, but it does not tell you whether you qualify, how your application will be scored, or what evidence you must provide. For those questions, you should read the current Grant Opportunity Guidelines for the relevant round.

If you already have a grant agreement, the instrument becomes more practically relevant. It shows that some changes to your arrangement may require Treasury consultation before approval. That can matter for timing and expectations. For example, if you need an extension of time or a milestone change that is likely to affect annual capped amounts, you should expect an internal consultation step before approval can be given.

The same is true if your business is considering a restructure, sale or transfer of operations and wants the agreement moved to another entity. Because novation is specifically mentioned, you should not assume a transfer can be processed quickly or informally. The grant agreement and program requirements will still matter, but this instrument shows there is also a mandatory Treasury consultation step before approval.

If there is a repayment or debt issue, the instrument indicates that delegated officials may exercise certain PGPA-related powers and functions concerning amounts owing to the Commonwealth and debt recovery for the program. Businesses should treat those issues carefully and review the grant agreement and any correspondence closely.

Most importantly, do not read this instrument as changing the public grant process for applicants. It is better understood as an internal authority map plus a set of controls for government decision-makers. The practical documents for businesses remain the current guidelines and the signed agreement.

For most businesses, the key compliance question is not whether this instrument exists, but how it interacts with the documents that directly govern your funding. The instrument itself points to the Grant Opportunity Guidelines and to the grant agreement as the practical framework for approval and administration.

If you are preparing an application, check the current round guidelines first. They are the document referred to in the instrument when it says a grant agreement may only be executed where it has been approved in accordance with the Grant Opportunity Guidelines. That means the guidelines remain central to approval, even though this instrument deals with who can act inside government.

If you are already funded, review your agreement before asking for any change. In particular, look at clauses dealing with timing, milestones, capped amounts, reporting, termination, transfer or novation, and repayment. The instrument does not replace those terms. It adds internal approval controls that may affect how quickly a request can be processed and which officials need to be involved.

You should also keep your own records of requests for extensions, milestone changes, restructures and any discussions about repayment. The instrument requires government delegates to keep written records on a corporate file. While that obligation is on the delegate, businesses are better placed if they can match requests and approvals with their own written records.

The instrument was made on 16 February 2026 and registered on 17 February 2026. Under its commencement provision, the whole instrument commenced on the day after registration.

It is listed as in force. The instrument also revokes previous delegations of the Secretary's powers or functions under subsection 36(3) of the IR&D Act and subsection 110(1) of the PGPA Act for the purposes of the program, where those earlier delegations applied to officials other than Treasury officials.

In practical terms, this means the current instrument is intended to be the operative delegation framework for non-Treasury officials dealing with this program. That helps reduce uncertainty about who in DISR can act and on what terms. For businesses, this does not appear to change eligibility or the public application process, but it does clarify the internal authority structure for new decisions and later administration of agreements.

This page is based on the current text of the notifiable instrument on the Federal Register of Legislation. Because this instrument is about delegated authority, businesses should read it together with the current Grant Opportunity Guidelines for the relevant round and any grant agreement they have entered into.

If you are trying to work out your own obligations, the key documents are usually the guidelines and the agreement, not just the delegation instrument. If you are trying to work out whether a government officer has authority to approve a step in your matter, this instrument is directly relevant.

Before relying on this page, check that the instrument is still the latest version, confirm which round guidelines apply to your matter, and review any agreement or variation documents already in place. Those checks matter because this instrument is procedural and sits within a broader grant framework.