1.3.1  Contracts within portfolio

Ministers have independent executive authority to make a contract on behalf of the Commonwealth or a State/Territory in connection with any matter which comes within their portfolio and departmental responsibility connected with the ordinary and well recognised functions of government. In many cases department heads have this authority as well. This can be inferred from the nature of their office. The power arises independently of statute but where legislation conditions the exercise of a power to contract, the legislative provisions must be observed in order to properly exercise the power. Commonwealth State and Territory officers can also be conferred with such powers through delegation.