Document ID: chunk:federal_register_of_legislation:C2024A00024:clause:2_41ab
Version: federal_register_of_legislation:C2024A00024
Segment Type: clause
Provision Reference: sch 2 cl 41AB
Character Range: 28603–31315

41AB  Cover employment—determining a specified Commonwealth authority

Determining specified Commonwealth authority
 (1) Subject to subsection (5), the agency head of ASIS or ASD may, in writing, determine one or more specified Commonwealth authorities, within the meaning of paragraphs (a), (b), (c) and (d) of the definition of Commonwealth authority in subsection 3(1), that may be identified as the employer or place of work of staff members or former staff members of that agency.
Note: For variation and revocation of an instrument, see subsection 33(3) of the Acts Interpretation Act 1901.
 (2) Without limiting subsection (1), a determination under that subsection may do either or both of the following:
 (a) determine a specified Commonwealth authority in relation to a specified class of staff members or former staff members of the agency;
 (b) specify limitations or restrictions in relation to the identification of a specified Commonwealth authority as the employer or place of work of staff members or former staff members of the agency.
 (3) To avoid doubt, and without limiting subsection (1) or (2), if a determination under subsection (1) determines a specified Commonwealth authority in relation to a class of staff members or former staff members of the agency holding, occupying or performing the duties of a specified office or position, the class includes such an office or position that comes into existence after the determination is made.
 (4) Subsection (3) does not, by implication, affect the interpretation of any other provision of this Act.
 (5) The agency head must not determine a specified Commonwealth authority under subsection (1) unless the head of that authority has agreed, in writing, to the authority being so determined.
 (6) To avoid doubt, the Chief of the Defence Force (within the meaning of the Defence Act 1903) is the head of the Defence Force for the purposes of subsection (5).
Note: The Defence Force is a Commonwealth authority: see paragraph (c) of the definition of Commonwealth authority in subsection 3(1).
 (7) The following are not legislative instruments:
 (a) a determination under subsection (1);
 (b) an agreement under subsection (5).

Delegation
 (8) The agency head of ASIS or ASD may, in writing, delegate the agency head's powers or duties under this section to a staff member of that agency who holds or is acting in a position in the agency that is equivalent to or higher than a position occupied by an SES employee with a classification of SES Band 3.
 (9) In exercising powers or discharging duties under a delegation under subsection (8), the delegate must comply with any written direction given by the agency head to the delegate.