Delegation by the Minister
71 Delegation by the Minister
Subject to subsections (2) and (3), the Minister may, in writing, delegate all or any of the Minister’s functions or powers under this Act to:
the Secretary; or
an SES employee, or acting SES employee, in the Department.
Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
The Minister may, in writing, delegate the Minister’s functions or powers under one or more of the following provisions to an APS employee in the Department who holds, or is acting in, an Executive Level 2, or equivalent, position:
section 70C (about the Minister’s power to require a person to produce information or documents);
section 70E (about obligations to publish certain information);
section 70F (about the Minister’s power to share information with certain entities).
Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
The Minister must not delegate a power to make a legislative instrument.
In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Minister.
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