Document ID: chunk:federal_register_of_legislation:C2022C00002:clause:3_37:p4
Version: federal_register_of_legislation:C2022C00002
Segment Type: clause
Provision Reference: sch 3 cl 37 (pt 4/4)
Character Range: 40463–42312

given under subsection (4) in writing, the direction is not a legislative instrument.

215‑40  Delegation of regulatory powers
 (1) The *Secretary may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act (other than Schedule 1A), to an SES employee, or an acting SES employee, in the Department.
 (2) The Chief Executive Officer of *TEQSA may, in writing, delegate his or her powers and functions under the *Regulatory Powers Act as it applies in relation to this Act, to a member of the staff of TEQSA (within the meaning of the *TEQSA Act) who is:
 (a) an SES employee or an acting SES employee; or
 (b) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position.
 (3) A person exercising powers or performing functions under a delegation under subsection (1) or (2) must comply with any directions of the delegator.

215‑45  Contravening offence and civil penalty provisions
 (1) This section applies if a provision of this Act provides that a person contravening another provision of this Act (the conduct provision) commits an offence or is liable to a civil penalty.
 (2) For the purposes of this Act, and the *Regulatory Powers Act to the extent that it relates to this Act, a reference to a contravention of an offence provision or a *civil penalty provision includes a reference to a contravention of the conduct provision.

215‑50  Certain references to higher education provider include references to agent
  A reference in a *civil penalty provision in this Act to a higher education provider includes a reference to a person acting on behalf of the provider.

215‑55  Other enforcement action
  To avoid doubt, taking action under this Part does not limit the taking of action under any other provision of this Act.