Commonwealth Consolidated Acts

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NATIONAL HEALTH ACT 1953 - SECT 6

Delegation

             (1)  The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person (including the Secretary) all or any of the Minister's powers under this Act, the regulations or another legislative instrument under this Act, other than:

                     (a)  this power of delegation; or

                   (ab)  the Minister's powers under sections 90A and 90B; or

                     (b)  the Minister's powers under section 95.

             (2)  A power so delegated under subsection (1), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Minister.

             (3)  A delegate under subsection (1) is, in the exercise of a power so delegated, subject to the directions (if any) of the Minister.

             (4)  A delegation under subsection (1) does not prevent the exercise of a power by the Minister.

             (5)  The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to a person all or any of the Secretary's powers under this Act, the regulations or another legislative instrument under this Act other than:

                     (a)  this power of delegation; or

                     (b)  the Secretary's powers under section 95.

             (6)  A power so delegated under subsection (5), when exercised by the delegate, shall, for the purposes of this Act, the regulations or another legislative instrument under this Act, be deemed to have been exercised by the Secretary.

             (7)  A delegate under subsection (5) is, in the exercise of a power so delegated, subject to the directions (if any) of the Secretary.

             (8)  A delegation under subsection (5) does not prevent the exercise of a power by the Secretary.



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