Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p8
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
Provision Reference: 
Character Range: 19823–22576

Secretaries of Departments
16. Section 25 of the Principal Act is amended—
     (a) by omitting sub-sections (3), (5) and (5a); and
     (b) by omitting from sub-section (4) "Chairman" and substituting "Head of the Public Service Board".

Delegation by Secretaries of Departments
17. Section 26 of the Principal Act is amended—
     (a) by omitting sub-section (3) and substituting the following sub-sections:
    "(3) A delegation of a power or function by the Secretary of a Department under sub-section (1)—
         (a) may be absolute or conditional;
         (b) does not prevent the exercise of the power or the performance of the function by the Secretary;
         (c) subject to paragraph (d), continues in force notwithstanding the appointment of another person as the Secretary of the Department; and
         (d) may be revoked by instrument in writing signed by the Secretary for the time being of the Department.

    "(3a) Where a Secretary has delegated a power or function to a person under sub-section (1), the Secretary may give directions to the delegate with respect to the exercise of the power or the performance of the function."; and
     (b) by omitting sub-section (5).

Repeal of section 26a
18. (1) Section 26a of the Principal Act is repealed.
(2) A reference in any Act, in any instrument under an Act or in any industrial award to a Chief Officer shall, except in relation to matters that occurred before the commencement of this section, be read as a reference to the relevant Secretary.
(3) Where, immediately before the commencement of this section, a person was entitled to exercise a power or perform a function by virtue of—
     (a) being a Chief Officer under section 26a of the Principal Act; or
     (b) holding, or performing all or part of the duties of, a prescribed office under that section,
the person may, after that commencement, continue to exercise the power or perform the function as if the power or function had been delegated to the person by the relevant Secretary under the Public Service Act 1922.
(4) Where, immediately before the commencement of this section, a person was entitled to exercise a power or perform a function by virtue of a delegation, authorisation or appointment made by a Chief Officer, the person may, after that commencement, continue to exercise the power or perform the function as if the delegation, authorisation or appointment had been made by the relevant Secretary under the Public Service Act 1922.
(5) Where sub-section (3) or (4) empowers a person to continue to exercise a power or function as if the power or function had been delegated to the person by the relevant Secretary or as if the relevant Secretary had authorised or appointed the person to exercise