Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:8_51
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 8 cl 51
Character Range: 147394–148570

51  Subsections 161(2) and (3)
Repeal the subsections, substitute:
 (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.