Document ID: chunk:federal_register_of_legislation:C2004A02927:body:0:p18
Version: federal_register_of_legislation:C2004A02927
Segment Type: other
Provision Reference: 
Character Range: 46153–48846

The Secretary of a Department may, in writing, appoint—
     (a) an officer or an employee; or
     (b) a person appointed to an office, under a law of the Commonwealth, by the Governor-General or a Minister, to be a Chief Officer of the Department.
"(2) The Secretary of a Department may, in writing, declare—
     (a) an office in the Service; or
     (b) an office created by or under a law of the Commonwealth,
to be a prescribed office in relation to the Department for the purposes of this section.
"(3) Where an office is declared by the Secretary of a Department under sub-section (2) to be a prescribed office in relation to the Department for the purposes of this section, any person who holds that office or performs all or part of the duties of that office is a Chief Officer of the Department.
"(4) Subject to sub-section (5), a Chief Officer of a Department may exercise and perform, in relation to the Department, the powers and functions that are conferred on Chief Officers under—
     (a) a relevant Act;
     (b) the regulations made under a relevant Act;
     (c) a determination under sub-section 9 (7a) or section 82d; or
     (d) an industrial award.
"(5) The Secretary of a Department may, in writing, determine that a Chief Officer of the Department may exercise and perform the powers and functions referred to in sub-section (4) only in relation to—
     (a) the officers, or officers included in the class of officers, specified in the determination; and
     (b) the employees, or employees included in the class of employees, specified in the determination.
"(6) In addition to the powers and functions referred to in sub-section (4), a Chief Officer of a Department may exercise such other powers and shall perform such other functions in relation to the Department as the relevant Secretary, by writing, determines.
"(7) In this section, 'relevant Act' means—
     (a) this Act; or
     (b) the Merit Protection (Australian Government Employees) Act 1984."
(2) Notwithstanding the repeal of section 26 of the Principal Act by sub-section (1), an appointment of a person as Chief Officer of a Department that was in force under that section immediately before the date of commencement of this section continues in force, on and after that date, as if it had been made under section 26a of the Public Service Act 1922 as amended by sub-section (1).

(3) Notwithstanding the repeal of section 26 of the Principal Act by sub-section (1), a declaration of an office as an office which constitutes the occupant a Chief Officer that was in force under that section immediately before the date of commencement of this section continues in force, on and after that date,