Business Grants Hub - Small Business Cyber Wardens - ad hoc grant to the Council of Small Business Organisations of Australia Limited (Treasury) Delegations 2023

This is a Commonwealth notifiable instrument made by the Secretary to the Department of the Treasury on 31 October 2023. It commenced on the day after registration, which was 2 November 2023 on the Federal Register of Legislation.

The instrument does not create a new public grant program by itself. Instead, it delegates decision-making powers for an existing program called the Small Business Cyber Wardens - ad hoc grant to the Council of Small Business Organisations of Australia Limited. In practical terms, it says which officials in the Department of Industry, Science and Resources can act on behalf of the Commonwealth for that program, what financial limits apply, and what directions they must follow.

The instrument is made under subsection 32D(3) of the Financial Framework (Supplementary Powers) Act 1997 and subsection 110(1) of the Public Governance, Performance and Accountability Act 2013. Those laws allow powers to be delegated and directions to be imposed on delegates.

The instrument defines the relevant program as the Small Business Cyber Wardens - ad hoc grant to the Council of Small Business Organisations of Australia Limited program under item 71 of Part 3 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.

That matters because the delegation is tightly confined. It is not a broad delegation for all Treasury or business grants. It is only for this specific program. The instrument also refers to the Grant Opportunity Guidelines for Small Business Cyber Wardens - ad hoc grant to the Council of Small Business Organisations of Australia Limited. Those guidelines are important because the delegates can only approve a grant amount, and only execute a grant agreement, in accordance with those guidelines.

For business readers, the practical point is that this page is about the internal authority structure behind the program. If your business is participating in, partnering with, or receiving services through the Cyber Wardens initiative, the detailed eligibility, assessment and reporting settings are likely to sit in the program guidelines and grant documents rather than in this instrument itself.

The people directly in scope are officials in the Department of Industry, Science and Resources who hold, occupy or perform the duties of specified positions with responsibility for administering the program. Schedule 1 lists those positions and the financial limits that apply to each.

The instrument also affects the Council of Small Business Organisations of Australia Limited as the named organisation connected to the ad hoc grant program, because the delegated powers cover making, varying and administering the relevant arrangement or grant.

Ordinary small businesses are usually out of scope as direct legal subjects of this instrument. A café, retailer, consultancy or startup that is not involved with this program does not pick up a new compliance burden from this delegation. Even businesses that engage with the Cyber Wardens initiative are generally affected only indirectly, because the instrument controls how Commonwealth officials make and document decisions.

If your business is dealing with a grant variation, milestone change, novation, termination issue, repayment issue or other administrative step under this program, the instrument becomes more relevant because it shapes who can approve that step and what conditions must be met first.

The instrument delegates two main groups of powers.

First, under the Financial Framework (Supplementary Powers) Act 1997, delegates may exercise the power under section 32B to make, vary or administer an arrangement or grant on behalf of the Commonwealth for the purposes of the program. They may also exercise the power under section 32C to enter into an agreement with a State or Territory on behalf of the Commonwealth that sets out the terms and conditions of financial assistance for the program.

Second, under the Public Governance, Performance and Accountability Act 2013 and the PGPA Rule, delegates may exercise 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 been delegated to the Treasury Secretary under the Finance Minister's Delegation. They may also perform 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, this means the instrument covers more than the initial grant approval. It also reaches later administration issues such as changes to payment terms and debt recovery connected with the program.

Schedule 1 sets financial limits for a single grant agreement. These limits apply where the exercise of delegated powers involves the commitment or expenditure of Commonwealth money.

An SES Band 1 official with responsibility for administering the program may 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 officials with responsibility for administering the program each have a limit of $22,995,000, plus GST where applicable, in relation to a single grant agreement.

These figures are part of the internal approval framework. They do not mean a business is automatically entitled to funding up to those amounts. They simply identify the maximum level at which a delegate may exercise the relevant power for a single grant agreement, subject to the other directions in the instrument and the available program funding.

In practice, if a matter falls outside a delegate's authority, it must be escalated to a person with the required authority or otherwise handled within the Commonwealth's approval framework.

Schedule 2 contains the operating directions that sit on top of the delegated powers. These directions are central to understanding how the program must be administered.

Officials must make a written record of each exercise of a delegated power and retain the records on a corporate file. Officials must not take action or exercise a power if doing so would commit funds exceeding the available funding for the program. A grant amount can only be approved in accordance with the Grant Opportunity Guidelines, and a grant agreement may only be executed where it has been approved in accordance with those guidelines.

The instrument also imposes extra controls on changes after approval. An application for an extension of time, or a change in project milestones, that is likely to result in a need to vary the annual capped amounts for an arrangement must not be approved until agreed with the Department of the Treasury. A request to terminate or novate an arrangement must also not be approved until agreed with Treasury.

Finally, officials must only exercise the delegated powers consistently with their duties. Where they exercise the paragraph 63(1)(b) PGPA Act power to modify payment terms for amounts owing to the Commonwealth, they must do so in accordance with relevant directions in the Finance Minister's Delegation or any superseding delegation.

Although the instrument is administrative, there are practical trigger points that businesses and program participants should watch for.

The first trigger point is any request that changes timing or milestones. If an extension of time or a milestone change is likely to require variation of annual capped amounts for an arrangement, Treasury agreement is needed before approval. That can affect timing and should not be treated as a routine informal change.

The second trigger point is any proposal to terminate or novate the arrangement. If the funded arrangement needs to end early or be transferred to another entity, Treasury agreement is required before approval.

The third trigger point is any issue involving money owed to the Commonwealth. The instrument covers modification of payment terms and debt recovery functions for program-related debts, so businesses dealing with repayment or recovery issues should expect formal Commonwealth processes.

The fourth trigger point is any assumption that a grant can be approved outside the published guidelines. The instrument expressly prevents that. If a proposal does not fit the Grant Opportunity Guidelines, the delegate cannot simply approve it because it seems commercially sensible.

Businesses should read this instrument as a governance document, not as a standalone statement of all program rights and obligations. It tells you who inside government can make certain decisions and what internal controls apply. It does not set out the full commercial terms of the grant, all eligibility rules, or all reporting requirements for participants.

If your business is involved with the Small Business Cyber Wardens program, the practical checks are straightforward. Confirm the current version of the instrument. Check the current Grant Opportunity Guidelines. Review the actual grant agreement or arrangement documents that apply to your matter. If you are seeking a change to timing, milestones, termination or transfer, allow for the possibility that Treasury agreement is required before approval can be given.

This instrument also revokes all previous delegations of the Treasury Secretary's powers under sections 32B and 32C of the FFSP Act and section 110 of the PGPA Act for the purposes of the program. That means the 2023 instrument is intended to replace earlier delegation settings for this program.

The instrument was signed on 31 October 2023 and registered on 2 November 2023. It commenced on the day after registration. The Federal Register of Legislation lists it as in force.

Because this is a notifiable instrument dealing with delegations, businesses should still check the register for any later changes, replacement instruments or related program updates before relying on it for a live matter.

This page is based on the registered text of the Business Grants Hub - Small Business Cyber Wardens - ad hoc grant to the Council of Small Business Organisations of Australia Limited (Treasury) Delegations 2023 on the Federal Register of Legislation.

The instrument is useful for understanding the Commonwealth approval framework for this program, but it should be read together with the Grant Opportunity Guidelines and the relevant grant or arrangement documents for any practical application.