Document ID: chunk:federal_register_of_legislation:C2025C00176:section:120a:p2
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 120A (pt 2/2)
Character Range: 408264–410552

of the Army who holds a rank not below the rank of Brigadier; or
 (iii) an officer of the Air Force who holds a rank not below the rank of Air Commodore;
 (e) powers under sections 100 and 101 relating to testing for prohibited substances—to:
 (i) an officer of the Navy who holds a rank not below the rank of Commander; or
 (ii) an officer of the Army who holds a rank not below the rank of Lieutenant‑Colonel; or
 (iii) an officer of the Air Force who holds a rank not below the rank of Wing Commander; or
 (iv) an APS employee who holds, or performs the duties of, a position not below an Executive Level 1 position, or equivalent, in the Department;
 (ea) the power under subsection 123AA(4) to authorise persons to perform duties in respect of the provision of assistance mentioned in subsection 123AA(1)—to:
 (i) an officer of the Navy who holds a rank not below the rank of Commodore; or
 (ii) an officer of the Army who holds a rank not below the rank of Brigadier; or
 (iii) an officer of the Air Force who holds a rank not below the rank of Air Commodore;
 (f) powers under section 123A—to an officer of the Defence Force.

Delegation by Secretary
 (4) The Secretary may, by instrument in writing, delegate the Secretary's power under subsection 123AA(4) to authorise persons to perform duties in respect of the provision of assistance mentioned in subsection 123AA(1) to an SES employee in the Department.

General provisions about delegations
 (6A) The delegate is, in the exercise of a power delegated under this section, subject to the directions of the person who made the delegation.
 (8) A delegation under this section continues in force notwithstanding a change in the occupancy of, or a vacancy in, the office of the person who made the delegation.
 (9) A document purporting to be a copy of an instrument of delegation under this section and purporting to bear the signature, or a facsimile of the signature, of the person who made the delegation and an endorsement in writing that the delegation is, or was on a specified date, in force, is, upon mere production in a court or otherwise for any purpose arising under this Act, prima facie evidence that the delegation was duly made in the terms set out in the document and is, or was on the date specified, in force.