Document ID: chunk:federal_register_of_legislation:C2014C00604:clause:2_40
Version: federal_register_of_legislation:C2014C00604
Segment Type: clause
Provision Reference: sch 2 cl 40
Character Range: 108453–109039

40  Delegation by Minister
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Schedule to a person.
(2) The delegate must be:
 (a) the Secretary of the Department; or
 (b) an SES employee, or acting SES employee, in the Department.
Note: SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.
(3) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
(4) Subitem (1) does not apply to a power to make, vary or revoke a legislative instrument.