23Establishment and reorganisations of departments and departmental agencies

1. The Governor-General may, by Order in Council,—

2. if a department or a departmental agency is established or disestablished or if its name is changed, insert an item into, or repeal or amend an item in, Part 1 or 2 of Schedule 2:
3. if the host department, or the name of the host department, of a departmental agency is changed, amend an item in Part 2 of Schedule 2:
4. if a working arrangement referred to in section 24(2) will apply to a departmental agency (whether new or existing) or no longer applies, amend columns 3 or 4 of the table in Part 2 of Schedule 2, as appropriate.

5. An order relating to the establishment of a departmental agency must—

6. identify the department that will be the host department of the departmental agency; and
7. if either or both of the working arrangements referred to in section 24(2) apply to the departmental agency, state which apply.

8. The making of an order under this section does not remove the need for a department or departmental agency established by an Act to be disestablished or have its name changed by an Act.

9. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).