Document ID: chunk:federal_register_of_legislation:F2025L00221:reg:11
Version: federal_register_of_legislation:F2025L00221
Segment Type: reg
Provision Reference: reg 11
Character Range: 8957–10854

11  Powers under applied ACT road transport laws

Powers of authorised persons
 (1) If, by an applied ACT road transport law, a power is vested in a person referred to in the law as an authorised person, the power is, in relation to the National Land to which the law is applied, vested in the following persons instead of the authorised person referred to in that law:
 (a) a person appointed under section 13 of this instrument as an authorised person;
 (b) a person prescribed by the rules.

Powers of ACT Ministers etc.
 (2) If, by an applied ACT road transport law, a power is vested in:
 (a) a Minister of the ACT; or
 (b) a person or authority referred to in the law as the road transport authority;
the power is, in relation to the National Land to which the law is applied, vested in the Minister (the Commonwealth Minister) instead of the Minister of the ACT or the person or authority.

Delegation by Commonwealth Minister
 (3) If a power is vested in the Commonwealth Minister under subsection (2), the Commonwealth Minister may, in writing, delegate the power to:
 (a) a person; or
 (b) a person holding, occupying, or performing the duties of, a specified office or position.

Limitation on Commonwealth Minister's delegation power
 (4) The Commonwealth Minister must not delegate a power under subsection (3) unless the Commonwealth Minister is satisfied that:
 (a) if the power is to be delegated to a person—the person has appropriate qualifications or expertise to exercise the power or perform the function; or
 (b) if the power is to be delegated to a person holding, occupying, or performing the duties of, a specified office or position—the office or position is sufficiently senior for the person to exercise the power or perform the function.

Delegations may be subject to conditions
 (5) A delegation is subject to such conditions as may be specified in the delegation.