Commonwealth Consolidated Acts

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FAIR ENTITLEMENTS GUARANTEE ACT 2012 - SECT 47

Delegation of Secretary ' s powers and functions

To APS employees in the Department

  (1)   The Secretary may delegate in writing to an APS employee in the Department any or all of the Secretary ' s functions or powers under this Act, except the following provisions:

  (a )   section   25 (about disregarding recently agreed changes in terms and conditions);

  (b )   subsection   28 (2) (about paying advances in instalments);

  ( c )   subsection   38 (5) (about approving the manner of withdrawing an a pplication for internal review).

T o SES employees and acting SES employees in the Department

  (2)   The Secretary may delegate in writing to an SES employee, or acting SES employee, in the Department any or all of the Secretary ' s functions or powers under the following provisions:

  ( a )   section   25 ;

  (b )   subsection   38 (5).

Note:   SES employee and acting SES employee are defined in section   2B of the Acts Interpretation Act 1901 .

To SES and Executive Level 2 APS employees in the Department

  (3)   The Secretary may delegate in writing the Secretary ' s power under subsection   28 (2) to:

  ( a )   an SES employee, or an acting SES employee, in the Department; or

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

Delegates to comply with directions

  (4 )   In exercising powers or performing functions under a delegation under this section , the delegate must comply with any directions of the Secretary.


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