Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by writing, delegate all or any of the Minister's functions or powers under this Act or the regulations to:
(a) the Secretary; or
(b) an SES employee, or acting SES employee, in the Department; or
(c) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.
Note: The expressions APS employee , SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
(2) However, subsection (1) does not apply to the Minister's functions or powers under section 11, 12 or 14, subsection 14A(8), section 14B or 15A, subsection 16(8), Part 3 or section 64, 68 or 72.
Delegation of functions or powers under section 11, 12 or 14
(2A) Subject to subsection (2B), the Minister may, by writing, delegate all or any of the Minister's functions or powers under section 11 or 12 to:
(a) the Secretary; or
(b) an SES employee, or acting SES employee, in the Department; or
(c) an APS employee who holds, or is acting in, an Executive Level 1 or 2, or equivalent, position in the Department.
(2B) The Minister may only delegate the Minister's functions or powers under subsection 11(8) to:
(a) the Secretary; or
(b) an SES employee, or acting SES employee, in the Department.
(2C) The Minister may, by writing, delegate all or any of the Minister's functions or powers under section 14 to:
(a) the Secretary; or
(b) an SES employee, or acting SES employee, in the Department.
Delegation of functions or powers under Part 3
(3) The Minister may, by writing, delegate all or any of the Minister's functions or powers under section 27 or 28 or subsection 31(8) or 32(4) to:
(a) the Secretary; or
(b) an SES employee, or acting SES employee, in the Department; or
(c) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.
(4) The Minister may, by writing, delegate all or any of the Minister's functions or powers under section 29, 35 or 36 to:
(a) the Secretary; or
(b) an SES employee, or acting SES employee, in the Department.
(5) However, subsection (4) does not apply to the Minister's power under paragraph 29(1)(c).
Limitations
(6) In performing functions or exercising powers under a delegation under this section, the delegate must comply with any directions of the Minister.
(7) A delegate must not make a decision of a kind mentioned in column 1 of an item in the following table if the delegate is satisfied that the thing mentioned in column 2 of that item would prejudice the security, defence or international relations of Australia:
Decisions of delegates | |||
| Column 1 | Column 2 | |
1A | A decision under section 14A to refuse to give a person an approval for the publication of the DSGL technology covered by the person's application for an approval | The publication of that DSGL technology | |
2 | A decision under section 16 to refuse to give a person a permit for an arrangement covered by the person's application for a permit | The activity covered by the arrangement | |
3 | A decision under section 27 to refuse to approve a person as a member of the Australian Community | The person's holding of such an approval | |
(8) If subsection (7) applies:
(a) the delegate must refer the particular case to the Minister; and
(b) the Minister must decide the case personally.
(9) A delegate mentioned in paragraph (2A)(c) must not make a decision under section 11 to refuse to give a person a permit for an activity covered by an application for a permit, if the delegate is satisfied that the activity would prejudice the security, defence or international relations of Australia.
(10) If subsection (9) applies:
(a) the delegate must refer the particular case to:
(i) the Minister; or
(ii) a delegate mentioned in paragraph (2A)(a) or (b); and
(b) if the case is referred to the Minister--the Minister must decide the case personally; or
(c) if the case is referred to a delegate mentioned in paragraph (2A)(a) or (b)--that other delegate (or another delegate mentioned in either of those paragraphs) must decide the case.