Biosecurity Act 2015

During a biosecurity emergency period, the executive head of a national response agency may subdelegate, to a person who is performing duties in the agency and who the executive head considers has appropriate qualifications or expertise, a function or power under any of the following provisions that has been delegated to the executive head under section 453:

section 446 (emergency directions and actions);

section 450 (asking questions);

section 451 (requiring documents).

However, the executive head must not subdelegate a function or power under subsection (1) if the instrument of delegation made under section 453 states that the function or power is not to be subdelegated.

In performing functions or exercising powers under a subdelegation under subsection (1), the subdelegate must comply with any directions of:

the Agriculture Minister; or

the executive head.

A subdelegation of a function or power to a biosecurity officer or a biosecurity enforcement officer under subsection (1) may provide that any restriction specified in the officer’s instrument of authorisation under subsection 550(2) or 551(2) does not apply for the purposes of performing the function or exercising the power.

Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation under subsection (1) in a corresponding way to the way in which they apply in relation to a delegation.

The reference in subsection (1) to a person performing duties in an agency includes a reference to:

a person performing duties in the agency under a contract; and

a person performing duties in the agency under an arrangement for the temporary provision to that agency of the services of persons ordinarily performing other duties for the Commonwealth; and

a person performing duties in the agency on a voluntary basis.