25Secretaries of Departments [see Note 2]

##### 25 Secretaries of Departments \[see Note 2\] (1) The persons for the time being holding the several offices specified in Schedule 3 shall be Secretaries of Departments. Provided that where any offices specified in Schedule 3 are abolished or any offices are prescribed in addition to or in lieu of the offices specified in that Schedule, or an alteration is made in the name of any office so specified, Schedule 3 shall be deemed to be amended in the following manner: (a) where any office is abolished or another office is prescribed in lieu of any office—by the omission of the reference to the office which has been abolished or in lieu of which another office has been prescribed; (b) where any office is prescribed either in addition to or in lieu of any office—by the addition of the name of the office so prescribed; and (c) where an alteration is made in the name of any office—by a similar alteration of the name of the office as appearing in that Schedule. (1A) As soon as practicable after the occurrence of an event referred to in the proviso to subsection (1), the Prime Minister shall cause a notice of the event to be published in the Gazette, specifying the date on which the event occurred. (2) The Secretary of a Department shall, under the Minister, be responsible for its general working, and for all the business thereof, and shall advise the Minister in all matters relating to the Department. (4) The Auditor‑General and the Commissioner of Taxation shall severally have all the powers of, or exercisable by, a Secretary under this Act, so far as relates to the branches of the Service respectively under their direct control as if those branches of the Service were separate Departments. (4B) The regulations may: (a) specify an office established by an Ordinance of an internal Territory as an office to which subsection (4C) applies; and (b) specify a branch or part of the Service in relation to which the holder of that office is to have the powers of a Secretary under this Act. (4C) The person holding, or acting in, an office specified in the regulations as an office to which this subsection applies has all the powers of, or exercisable by, a Secretary under this Act so far as those powers relate to the branch or part of the Service specified in the regulations in relation to the holder of that office as if that branch or part of the Service were a separate Department. (6) Subject to subsections (8A) and (8B), the Secretary of a Department must, as soon as practicable after 30 June in each year, and in any event not later than 15 October in that year (the due date), prepare and give to the Minister administering the Department a report on the operation of the Department during the year that ended on that 30 June. (7) A report prepared under subsection (6) must be in accordance with requirements from time to time presented to the Parliament by the Prime Minister after approval by the Joint Committee of Public Accounts and Audit. (8) Subject to subsection (8C), the Minister administering a Department must cause a copy of a report given to him or her under subsection (6) to be laid before each House of the Parliament on or before 31 October in the year in which the report is given. (8A) If the Secretary of a Department is of the opinion that it will not be reasonably possible to prepare and give to the Minister administering the Department a report referred to in subsection (6) on or before the due date, the Secretary may, before that date, apply to the Minister for an extension of the period within which the report is to be prepared and given. (8B) If the Secretary makes such an application: (a) the Secretary must give to the Minister a written statement explaining why, in the Secretary’s opinion, it will not be reasonably possible to prepare and give the report on or before the due date; and (b) the Minister may grant any extension that he or she considers reasonable in the circumstances; and (c) the Secretary must prepare and give the report to the Minister within the period of extension. (8C) If the Minister is of the opinion that, having regard to the period of extension, it will not be reasonably possible to cause a copy of the report to be laid before each House of the Parliament on or before 31 October, the Minister must, on or before that date, cause to be laid before each House of the Parliament: (a) a copy of the statement given under paragraph (8B)(a) in respect of the application; and (b) a statement setting out: (i) the period of extension granted; and (ii) the Minister’s reasons for granting the extension; and (iii) the date on or before which the report will be prepared and given; and (iv) the date (which must not be later than 7 days after the date referred to in subparagraph (iii)) on or before which a copy of the report will be laid before that House. (8D) If the Secretary of a Department fails to give a report to the Minister administering the Department on or before the date by which it is required by the preceding provisions to be given: (a) the Secretary must, not later than 14 days after that date, give to the Minister a written statement explaining why the report was not given as required; and (b) the Minister must cause a copy of the statement to be laid before each House of the Parliament within 3 sitting days of that House after the day on which he or she receives the statement. (8E) If: (a) a Minister is required by this section to cause a copy of a report, or a statement, to be laid before a House of the Parliament on or before a particular day; and (b) it is not possible to cause the copy of the report, or the statement, to be laid before the House before that day; and (c) the House is not sitting on that day; and (d) the rules or orders of the House do not allow papers to be presented when the House is not sitting; the Minister must cause the copy of the report, or the statement, to be laid before the House within 5 sitting days of the House after that day. (9) In subsection (6), Department means a Department referred to in paragraph (a) of the definition of Department in subsection 7(1) other than the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Department of the Parliamentary Reporting Staff and the Joint House Department.