Foreign Influence Transparency Scheme Act 2018

Subject to subsections (1A) and (1B), the Secretary may, in writing, delegate all or any of his or her functions or powers under this Act to:

an SES employee, or an acting SES employee, in the Department; or

an APS employee who holds, or is acting in, an Executive Level 2 or equivalent position in the Department.

Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

The Secretary must not delegate the Secretary’s functions or powers under any of the following provisions:

section 14B (issuing provisional transparency notices);

section 14E (varying or revoking transparency notices).

The Secretary may only delegate the Secretary’s functions or powers under the following provisions to a person mentioned in paragraph (1)(a):

section 43 (certain information to be made publicly available);

section 45 (notice requiring information to satisfy Secretary whether person is liable to register under the scheme);

section 46 (notice requiring information relevant to scheme);

subsection 53(1) (authorisation for Secretary to communicate scheme information).

In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Secretary.