Therapeutic Goods Act 1989

Subject to subsections (2), (6) and (8) to (11), the Minister or the Secretary may, by signed instrument, delegate to:

an officer of the Department; or

an officer of an authority of the Commonwealth that has functions in relation to therapeutic goods; or

an APS employee in an Agency (within the meaning of the Public Service Act 1999) that has functions in relation to therapeutic goods; or

a person occupying or acting in an office, or holding an appointment, declared by the regulations to be an office or appointment the occupant or holder of which may be a delegate under this section; or

a person seconded to the Department from:

an authority of a State or a Territory that has functions relating to therapeutic goods, health or law enforcement; or

a national regulatory authority of a foreign country that has national responsibility relating to therapeutic goods, health or law enforcement; or

an international organisation that has a function relating to therapeutic goods, health or law enforcement;

The Secretary may, by signed instrument, delegate all or any of the Secretary’s powers and functions under Chapter 5A (enforcement), section 45AB (Secretary may require information or documents), section 45AF (Secretary may inspect and copy documents), section 45AG (Secretary may retain documents), section 52AAA (forfeiture of things seized) or section 52AAB (return or retention of thing declared not to be forfeited) to an officer of:

a Department of State of a State; or

a Department or administrative unit of the Public Service of a Territory; or

an authority of a State or of a Territory;

The powers of the Secretary under paragraph 19(1)(a), 32CK(1)(d) or 41HB(1)(d) may be delegated under subsection (1) only to a person referred to in paragraph (1)(a) or (c) who is registered, or eligible for registration, in a State or internal Territory, as a medical or dental practitioner or as a pharmacist.

Subject to the regulations, the Secretary may, in such circumstances as are prescribed, by signed instrument, delegate all or any of his or her powers under paragraph 19(1)(a), 32CK(1)(d) or 41HB(1)(d) to a person who is registered, in a State or internal Territory, as a medical or dental practitioner.

A delegate under subsection (3) is, in the exercise of a delegated power, subject to the directions of:

the Secretary; or

an officer of the Department authorised in writing by the Secretary; or

a person referred to in paragraph (1)(c).

Without limiting the generality of matters that may be dealt with by regulations made for the purposes of subsection (3), the regulations may make provision in relation to the following:

the persons who may be delegates;

the circumstances in which delegates may grant approvals for the purposes of paragraph 19(1)(a), 32CK(1)(d) or 41HB(1)(d);

the conditions to which any approvals granted by delegates are to be subject;

requiring information to be given by delegates to the Secretary.

The powers of the Secretary under subsection 19(5) may be delegated only to a person referred to in paragraph (1)(a) or (c) of this section who is registered, or eligible for registration, in a State or internal Territory as a medical or dental practitioner or as a pharmacist.

The powers of the Secretary under subsection 32CM(1) or 41HC(1) may be delegated only to a person referred to in paragraph (1)(a) or (c) who is registered, or eligible for registration, in a State or internal Territory as a medical or dental practitioner.

The regulations may prescribe the circumstances in which, and the requirements subject to which, delegates may grant authorities under subsection 19(5), 32CM(1) or 41HC(1).

The powers of the Secretary under section 19A or 32CO may be delegated only to a person who holds, occupies or performs the duties of a position in the Department prescribed by the regulations.

The powers of the Secretary under section 41HD may be delegated only to a person who holds, occupies or performs the duties of a position in the Department prescribed by the regulations.

The power of the Minister under subsection 18A(1) or 41P(3) may be delegated only to:

the Secretary; or

an SES employee who holds, or performs the duties of, an SES Band 3 position in the Department; or

a person who is registered, in a State or internal Territory, as a medical practitioner and who holds, or performs the duties of, a position that is equivalent to, or higher than, an SES Band 2 position in the Department.

The power of the Minister under subsection 30EK(1) may be delegated only to:

the Secretary; or

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

a person who is registered, in a State or internal Territory, as a medical practitioner and who holds, or performs the duties of, a position that is equivalent to, or higher than, an SES Band 2 position in the Department.

The power of the Minister under subsection 32CB(1) may be delegated only to:

the Secretary; or

an SES employee who holds, or performs the duties of, an SES Band 3 position in the Department; or

a person who is registered, in a State or internal Territory, as a medical practitioner and who holds, or performs the duties of, a position that is equivalent to, or higher than, an SES Band 2 position in the Department.

The power of the Minister under subsection 41GS(1) may be delegated only to:

the Secretary; or

an SES employee who holds, or performs the duties of, an SES Band 3 position in the Department; or

a person who is registered, in a State or internal Territory, as a medical practitioner and who holds, or performs the duties of, a position that is equivalent to, or higher than, an SES Band 2 position in the Department.

In performing any functions or exercising any powers under a delegation under this section, the delegate must comply with any directions of the person who delegated the function or power.