Document ID: chunk:federal_register_of_legislation:C2004A03394:body:0:p6
Version: federal_register_of_legislation:C2004A03394
Segment Type: other
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Character Range: 14586–17431

the Prime Minister under section 12a of the Public Service Act 1922.

10. Section 13 of the Principal Act is repealed and the following section is substituted:

Remuneration and allowances for members of the Board
"13. Subject to the Remuneration Tribunals Act 1973, a member of the Board shall be paid—
     (a) such remuneration as is determined by the Remuneration Tribunal; and
     (b) such allowances as are prescribed.".

Delegation by Board, &c.
11. (1) Section 16 of the Principal Act is amended—
     (a) by omitting sub-section (1a) and substituting the following sub-sections:
    "(1a) Where the Board delegates a power or function to a Secretary, the Secretary may, unless the instrument of delegation prohibits it, sub-delegate the power or function, by instrument in writing signed by the Secretary, to a person other than a person engaged as a consultant under section 4 of the Members of Parliament (Staff) Act 1984.
    "(1b) A Secretary is not empowered to sub-delegate a power or function under sub-section (1a) to a person who is not—
         (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,
    unless the Board approves, in writing, the delegation of the power or function to that person.
    "(1c) A power or function delegated under sub-section (1) or sub-delegated under sub-section (1a), when exercised or performed by the delegate or sub-delegate, shall, for all purposes, be deemed to have been exercised or performed by the Board.";
     (b) by omitting from sub-section (2) "under this section" and substituting "under sub-section (1)";
     (c) by inserting before paragraph (2) (a) the following paragraph: "(aa) may be absolute or conditional;"; and
     (d) by omitting sub-sections (2a) and (3) and substituting the following sub-sections:
    "(3) A sub-delegation of a power or function by the Secretary of a Department under sub-section (1a)—

         (a) may be absolute or conditional;
         (b) does not prevent the exercise of the power or the performance of the function by the Board or by the Secretary;
         (c) subject to paragraph (d), continues in force notwithstanding any change in the membership of the Board or the appointment of another person as the Secretary of the Department; and
         (d) may be revoked by instrument in writing signed by the Secretary for the time being of the Department.
         "(4) Where-
         (a) the exercise of a power or function by the Board is dependent upon the opinion, belief or state of mind of the Board in relation to a matter; and
         (b) the power or function has been delegated or sub-delegated under this section,
    the power or function may be exercised by the delegate or sub-delegate upon the opinion, belief or state