Document ID: chunk:federal_register_of_legislation:C2025C00088:section:161
Version: federal_register_of_legislation:C2025C00088
Segment Type: section
Provision Reference: s 161
Character Range: 103230–104885

161  Delegation by the Pricing Authority
 (1) Subject to subsections (3) and (4), the Pricing Authority may, by writing, delegate one or more of its functions and powers to:
 (a) a member of the Pricing Authority; or
 (b) the Pricing Authority CEO; or
 (c) a person who is:
 (i) a member of the staff of the Pricing Authority; and
 (ii) an SES employee or acting SES employee.
Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
 (2) Subject to subsection (4), if:
 (a) the services of an officer or employee mentioned in paragraph 174(a) or (b) are made available to the Pricing Authority in connection with the performance of a function of the Pricing Authority; and
 (b) the officer or employee is an SES employee or acting SES employee;
the Pricing Authority may, in writing, delegate the function to the officer or employee.
 (3) The Pricing Authority must not delegate an Aged Care Act function to a member of the Pricing Authority.
 (4) The Pricing Authority must not delegate any of the following functions or powers:
 (a) a function set out in any of paragraphs 131(1)(a) to (f) or paragraph 131(1)(j);
 (b) a function set out in paragraph 131(1A)(a);
 (c) a function set out in paragraph 131A(1)(a);
 (d) any other function that involves giving advice to the Minister;
 (e) a function or power under Part 4.8;
 (f) the power to make, vary or revoke a legislative instrument.
 (5) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Pricing Authority.

Part 4.8—Chief Executive Officer of the Pricing Authority