Document ID: chunk:federal_register_of_legislation:C2025C00033:section:35
Version: federal_register_of_legislation:C2025C00033
Segment Type: section
Provision Reference: s 35
Character Range: 25529–27073

35  Delegation by the Regulator
 (1) The Regulator may, by writing, delegate any or all of its functions and powers to:
 (a) a member of the Regulator; or
 (b) a person who is:
 (i) a member of the staff of the Regulator; and
 (ii) an SES employee or acting SES employee; or
 (c) a person who is:
 (i) a member of the staff of the Regulator; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position or an equivalent position; or
 (d) a person who is:
 (i) a person assisting the Regulator under section 37; and
 (ii) an SES employee or acting SES employee in the Department; or
 (e) a person who is:
 (i) a person assisting the Regulator under section 37; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in the Department; or
 (f) a person who is:
 (i) a person assisting the Regulator under section 37; and
 (ii) an SES employee or acting SES employee in the Biodiversity Department; or
 (g) a person who is:
 (i) a person assisting the Regulator under section 37; and
 (ii) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent position, in the Biodiversity Department.
Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
 (2) A delegate must comply with any written directions of the Regulator.
 (3) Subsection (1) does not apply to a power to make, vary or revoke a legislative instrument.

Division 6—Staff of the Regulator etc.